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女性のスカート内を盗撮しようとしたとして、徳島中央署は29日、県迷惑行為防止条例違反の疑いで、徳島市北島田町に住む病院内科医(37)を逮捕した。
逮捕容疑は、29日午前1時55分ごろ、徳島市富田町の雑居ビルのエレベーター内で、市内の30代女性のスカートの中に小型カメラを向け、女性の下着や体を盗撮しようとしたとしている。
署によると、女性がエレベーターに乗ると医師が同乗。2人きりになって女性が背後を確認すると、医師が下半身にカメラを向けるようなそぶりを見せた。女性はすぐにエレベーターを降り、上階に向かった医師が出てきたところを友人と共に捕まえて110番した。
医師は容疑を認めている。調べに対し「10年以上前からやっている」と話しており、署が余罪を調べる。
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Why do we care about the iPad mini?
Not as big as the new iPad; not as small as the iPhone 5 or iPod touch; it's Apple's own "tweener" and by all rights and intents the iPad mini should be nothing more than a gap filler. Yet anticipation is high for the presumed 7.85-inch iOS tablet, and while spirits always tend to get, well, spirited in advance of an Apple event, sometimes the justification seems more inexplicable than others. Arguably, in the context of the tablet market - and post-PC computing as a whole - Microsoft's Surface is far, far more important than the iPad mini.
Windows 8 is the centerpiece of Microsoft's next-gen OS strategy - the hub of desktop and mobile computing, as well as pulling together Windows Phone 8 and Xbox gaming - and the company's future as an industry heavyweight is dependent on it getting that right. That also means showing how Windows RT - as on the first Surface model - fits into that equation, something so far we're yet to see summed up in a consistent, easily communicated message.
As Microsoft's Surface chiefs pointed out, though, their tablet project approaches slates from a different direction to others already in the market. Windows RT may be a pared-back version of Windows 8, but it's still Windows-from-the-desktop boiled down into tablet form. In contrast, iOS on the iPad and Android on tablets running Google's OS both take their cue from phones scaled up. What will be really interesting - and deserves attention - is seeing how full apps translate to finger-use and whether the detachable keyboard accessories Microsoft is so proud of turn out to be essential rather than just eye-catching.
With some calculated timing, though, Apple knocked Surface from the top of the headline pile: the preorder news had its few minutes of attention, only to be swallowed up by the invite for Apple's event next week. Yet in comparison with Surface - which, for Microsoft is pivotal - an iPad mini would simply be filling in a line-up gap for Apple. So why all the attention?
[aquote]It's iconic founder Steve Jobs who has to be disproved[/aquote]
In no small part, it's because the biggest challenge Apple has to overcome with the iPad mini is… Apple itself. More accurately, it's iconic founder Steve Jobs who has to be disproved, after he so vocally and memorably blasted smaller-than-iPad models back in 2010. Tablets that size, Jobs pointed out, don't just offer a slightly reduced display area of 9.7-inch iPad, but a considerably smaller touchscreen to play with. Vendors would need to supply sandpaper, he joked, so that users could file down their fingers in order to tap on-screen graphics with any degree of accuracy.
Jobs was undoubtedly a master of misdirection - telling you today that Apple had no intention of entering a segment, then launching a product to do just that tomorrow - but with his near-deification since his passing last year, and his comments on tablets still getting broadly circulated, all eyes will be on how Apple itself has addressed those complaints. If the iPad mini really is just a smaller iPad (which you may recall is, according to some, just a larger iPhone) then there's a legitimate question of whether Jobs was actually talking codswallop back in 2010. Just as the iPod nano does its touchscreen interface differently to the iPod touch, taking into account the smaller display size, so Apple needs to demonstrate that there really was a challenge to overcome, and prove that it alone has addressed it.
Looking more broadly, though, all eyes are on the iPad mini because of doubts in the small tablet segment as a whole. When Steve Jobs roundly dismissed 7-inch "tweeners" as unnecessary and useless in the market, that's because at the time they were pretty much pointless. 7-inch as a form-factor has, so far failed, unless it's been cheap as chips like Google's Nexus 7. That, with the heft of Google branding and a strongly competitive price - two Android tablets for the price of one iPad - has made the Nexus 7 the exception not the rule so far.
[aquote]Apple may have to compromise to make iPad mini a success[/aquote]
Apple may have to compromise to make the iPad mini a success, and compromise is not something the company does all too often. Too ambitious, too whizz-bang, and the smaller iPad won't be able to hit a competitive price point. Too humble, or built to too strict a budget, and it will lack the premium cachet the brand is known for. The smaller devices are, often the more complex they are to piece together - gathering the right blend of components for a tiny phone is more of a challenge than for a 10-inch tablet, where they may be a little extra wiggle room to play with.
The iPad mini lacks that room to wiggle, and the excitement around the product launch isn't simply because lots of people want a smaller tablet (though some undoubtedly do) but because we want to see whether a firm with a track-record of convincing consumers it has solved the equation can do the same under arguably tougher constraints. The world may not need a "tweener" iPad, but if Apple decides that it range does, then it needs to demonstrate it can do it with more than just a bloated iPod touch or a shrunken new iPad.
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Yoo-Hoo (disambiguation)
Yoo-Hoo may refer to:
Yoo-hoo, an American chocolate-flavored beverage
The YooHoo & Friends stuffed toy line
Music
Songs
"YooHoo", Al Jolson and Buddy DeSylva song
"Yoo-Hoo!", song by Stephen Sondheim
"YooHoo (Secret song)", a song by South Korean band Secret from their 2013 mini-album Letter from Secret
"Minnie's Yoo-Hoo", a 1930 song written for the Mickey Mouse cartoon Mickey's Follies.
"Yoo-Hoo", a song by Imperial Teen from their 1999 album What Is Not to Love
"Yoo-Hoo", a song by Danger Mouse and Jemini from their 2003 album Ghetto Pop Life
The Pinky Lee Show theme song "Yoo-hoo it's me/My name is Pinky Lee/I skip and run with lots of fun/For every he and she.."
"Yoo Hoo", 1941 song by Ethel Crowninshield used to teach children to sing in 1950s and 1960s
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{
"pile_set_name": "Wikipedia (en)"
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<?php
class HTMLPurifier_AttrDef_TextTest extends HTMLPurifier_AttrDefHarness
{
public function test()
{
$this->def = new HTMLPurifier_AttrDef_Text();
$this->assertDef('This is spiffy text!');
$this->assertDef(" Casual\tCDATA parse\ncheck. ", 'Casual CDATA parse check.');
}
}
// vim: et sw=4 sts=4
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{
"pile_set_name": "Github"
}
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Q:
jquery form field write issue
I am updating hidden field in form with jquery. it works just fine for first three clicks after that it shows only first element value.
Here is working js fiddle jsfiddle link:
when users is clicking on tab the value of fileorurl changes to 1,2 or 3. it works for first 3-5 click but after that the value stocks to only 1. here is html
<div class="container" id="upload">
<div class="row">
<form id="upload-form2"
action="http://way2enjoy.com/modules/compress-png/converturl16.php"
name="arjun"
method="post"
enctype="multipart/form-data">
<div id="tab" class="btn-group" data-toggle="buttons">
<a href="#fileuu" class="btn btn-default active" data-toggle="tab">
<input type="radio" class="changev" value="1">File Upload
</a>
<a href="#urluu" class="btn btn-default" data-toggle="tab">
<input type="radio" class="changev" value="2">URL upload
</a>
<a href="#linkuu" class="btn btn-default" data-toggle="tab">
<input type="radio" class="changev" value="3">Website Link
</a>
</div>
<div class="tab-content">
<div class="tab-pane active" id="fileuu">
<label for="comment">Click below to choose files:</label>
<input type="file" name="file[]" multiple id="input" class="file_input">
</div>
<div class="tab-pane" id="urluu">
<label for="comment">Image Urls to Compress:</label>
<textarea class="form-control" rows="2" name="urls" id="urls"></textarea>
</div>
<div class="tab-pane" id="linkuu">
<label for="comment">Website URL to Analyze:</label>
<textarea class="form-control" rows="2" name="file[]" id="urls"></textarea>
</div>
</div>
<div class="alert alert-warning" role="alert" id="loading_progress"></div>
<br>
<input type="submit"
value="Compress »"
class="btn btn-primary btn-lg pull-right"
id="upload_btn"
name="upload_btn">
<input type="hidden" name="fileorurl" id="myField" value="">
</form>
</div>
</div>
Here is javascript:
<script>
$('.changev').change(function () {
var valueuu = $(this).val();
$("#myField").val(valueuu);
});
</script>
Any help will be useful thanks!
A:
Your checkboxes not updating for some strange reason after a few clicks. You can use the click event on their parents instead:
$('#tab a').on('click', function(){
var valueuu = $(this).find('input').val();
$("#myField").val(valueuu);
});
Fiddle
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{
"pile_set_name": "StackExchange"
}
|
It might be creepy, but it was perfectly legal when some guys flew a drone outside a woman’s Seattle apartment window this weekend, prompting a call to police.
The Seattle Police Department reports the woman got worried after spotting the Unmanned Aerial Vehicle outside her apartment window near Terry Ave. and Stewart St. early Sunday morning.
The woman was concerned the drone was looking into her apartment and called and reported the incident to her building concierge, who immediately called police.
The concierge went outside the building and spotted two men piloting the drone. The men were also carrying a tripod and video camera. Soon after, they packed up their gear and drove away.
Seattle Police officer Patrick Michaud says the drone flyers were not breaking any laws because it is legal to take photographs and video from any public place, and the FAA has not issued specific rules for recreational drone flying.
A federal judge ruled earlier this year the remote-controlled aircraft are legal because the FAA has not issued any rules governing model aircraft photography.
The FAA is working with law enforcement to further clarify rules for unmanned aircraft systems, the agency said in a news release Monday.
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}
|
Happy International Sloth Day! I didn’t even know that was a thing, but apparently it’s a thing. It makes sense now that I think about it- sloths are great! Even if they’re not the best employees.
Oh My Disney went all out in their celebrations- they took over a DMV and handed the operations over to a bunch of three-toes sloths. Thankfully, nobody told them a joke. Otherwise this video would go on for HOURS.
You can find it on the Official Zootopia Facebook Page, or on Youtube. Start a timer and see if they go any quicker than your local DMV employees after the break!
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"pile_set_name": "OpenWebText2"
}
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Fiji Pro Bono Directory
As UNHCR statistics generally rely on data from host countries, statistics on refugees alone can give an insufficient account of refugee numbers, as some host countries will not grant refugee status to certain groups. Including statistics for individuals in refugee-like situations is an attempt to account for unrecognised refugees and does not include internally displaced persons. Statistics for stateless refugees are included if available.
We have not yet identified any NGO or law firm that is offering refugees legal assistance in Fiji. We would welcome suggestions of individuals or organizations.
Translate this
UNHCR office contact details
We will provide a link to the UNHCR office information where available. If the information is not available or is incomplete you might find more information in this PDF list of UNHCR offices.
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{
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ThinkProgress busts the former House Speaker in–barring some explanation I can’t imagine–a rather shameless act of flip-floppery, shifting within days from “[e]xercise a no-fly zone this evening” to “I would not have intervened.”
To me this is Gingrich’s great strength also proving to be a great liability. Gingrich has had political staying power in large measure because he’s extremely deft at crafting sound bites that hit like exploding bullets. (You’ll find a bunch in my recent Newt story, here.) Part of that comes from Newt’s knack for making his every position sound authoritative and definitive. The problem is that such certitude rarely stands up to complex facts and changing events. Still, when asked the same question under different circumstances–in this case, with Obama acting versus Obama not acting–Gingrich’s impulse is to sound as certain in his new position as he was in his old, now outdated one.
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"pile_set_name": "OpenWebText2"
}
|
Meta
Tag: RDP
There exists a higher-quality solution to this need, known as ‘Samsung Side-Sync’. But a big problem in my own desire to use this Android app, is the fact that its client-program is only available for Mac or Windows – while I mainly tend to have Linux installed on my PCs and laptops.
The capability which the app delivers, is to turn the Android device into a type of remote, VNC Host, or Server, on which a client seeks to establish a session, in which the properties and resources of the host, are displayed on the client-computer, remotely, as if the user of the client was in fact sitting in front of the host.
This is not so strange an idea, as various types of VNC / RDP already exist, by which a remote session is created on a Windows or a Linux PC as host, such that the client – even if that client exists as an Android client – can seem to have a remote session.
Because I was intrigued by making the Android device the host for a change, and by the possibility of using a Web-interface as client, I decided to give an app a try, which is called AirDroid. After all, even Linux computers have Web-browsers which would be powerful enough to run as clients.
I installed the app on my up-to-date Google Pixel C Tablet, But was initially disappointed, in the apparent observation, that AirDroid just did not seem stable enough to trust with such an objective.
When people connect to their VPN, this could simply allow them to access shared files. But alternatively, this could also mean that they wish to create a virtual session, on the remote desktop of one of their servers. The latter exists under the terms VNC, RDP, XRDP, and several others.
On my main Linux server named ‘Phoenix’, I have the XRDP service installed, which is the Linux equivalent of RDP. But one main drawback of this method, of remotely accessing a desktop, is the fact that XRDP does not allow file-sharing, specifically in the version of this protocol that runs out-of-the-box from the package manager. I have read that certain custom-compiled versions support this, but do recall that this service is a mess to custom-compile, and to set up in such a way that it runs reliably. So I stick to the packaged version for now, and do not obtain file-sharing.
There exists a closed-source application named , which we could use to bridge this gap. But while their paid software subscriptions are very expensive (from my perspective), their Free software version has some big disadvantages.
First of all, even their Free version can be run in client or in server mode. I think that this is terrific. But in server mode – which affords access to the local machine desktop from elsewhere – there is no built-in support for SSH protocol. There is only the unencrypted NX protocol, for which their service listens.
Secondly, not every computer is strong enough to run in server mode. On the computer ‘Phoenix’ I have a fragile X-server, and this service has actually crashed my X-server. Not only that, but allowing this service to run on reboot, consistently prevents my X-server from starting. It gets its hooks into the session so early on boot, that the X-server crashes, before the user is even asked for a graphical log-in.
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Brian Goodwin 10k (2017)
Brian Goodwin 10k
This year’s Brian Goodwin 10k road race was held on Friday 16th June 2017 in a warm Pollok Park. The almost perfect weather conditions were matched by some great running and a new course record of 29:14 set by Olympian Calum Hawkins. The early leader, Giffnock’s Luke Traynor wasn’t too far behind earning silver in 29:27, with Shettleston’s Tewolde Mengistear placing third in 31:20.
Callum’s Kilbarchan AAC clubmate Elspeth Curran won the women’s race in a time of 36:28, Aberdeen’s Kayleigh Jarrett was runner-up in 36:48 with Bellahouston Road Runner, Ann Robin third in 39:17.
The much coveted first Male Veteran 60 prize went to Motherwell’s Brian McLinden, who crossed the line in a time of 39:11.
If you want to capture the special colours of a sunrise you need to get up at about 6 am in Pai, jump on your motorbike and try to find your way to the Chinese village of Santichon and then brave the ascent up to the Yun Lai Viewpoint high above the northern province of Mae Hong Son and hope that mother nature is on your side. Perhaps this morning, she was.
|
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INTRODUCTION
============
Drug addiction involves perseverant and compulsive drug seeking and attempts to obtain and consume drugs despite aversive consequences. One leading circuit-level hypothesis for how addiction arises is that maladaptive neuroadaptations are caused by reward circuits because the dopamine system is usurped by the addictive substances ([@b21-molce-40-6-379]; [@b69-molce-40-6-379]). The main brain areas composing the reward circuits are distributed across multiple areas and include the basal ganglia (including the striatum), the limbic system (including the amygdala and the hippocampus), and the prefrontal cortex (PFC). Among these regions, the striatum is the core input nucleus and plays key roles in reward-related learning as well as in addictive behaviors. The acquisition and maintenance of addiction-like behaviors appear to arise from a series of molecular and cellular adaptations in striatal circuits ([@b28-molce-40-6-379]; [@b32-molce-40-6-379]).
In fact, the striatum is composed of several subregions that exhibit distinct connectivity and consequently different functional roles. In rodents, the dorsomedial striatum (DMS) and the dorsolateral striatum (DLS) receive excitatory inputs from the limbic and sensorimotor cortices, respectively, while the intermediate region is activated by axons from the association cortex ([@b17-molce-40-6-379]). The ventral region of the striatum includes the nucleus accumbens (NAc), which consists of the core and shell subregions. The NAc is innervated by the basolateral amygdala (BLA), hippocampus, and medial PFC ([@b3-molce-40-6-379]; [@b31-molce-40-6-379]). Importantly, the striatum receives abundant dopaminergic innervation from the midbrain. The NAc receives dopaminergic inputs from the ventral tegmental area (VTA), whereas the dorsal striatum receives dopaminergic inputs mainly from the substantia nigra pars compacta (SNpc) ([@b4-molce-40-6-379]).
Thus, the striatum is considered an area of convergence for various inputs from multiple cortical areas and midbrain structures ([@b6-molce-40-6-379]; [@b39-molce-40-6-379]; [@b58-molce-40-6-379]) ([Fig. 1](#f1-molce-40-6-379){ref-type="fig"}). Within striatal circuits, the integration of various synaptic contacts has been described: gamma-aminobutyric acid (GABA)-ergic innervation has been observed ([@b10-molce-40-6-379]) along with glutamatergic synapses located on the heads of spines on striatal medium spiny neurons (MSNs) and dopaminergic synapses on the necks of spines ([@b25-molce-40-6-379]). Therefore, the striatum likely enables expression through activation and integration of distinct neuronal signals, and defining the role of each pathway will substantially aid in our understanding for addictive behaviors.
In addition to the striatal connectome, the unique composition of the striatal neuronal populations must also be addressed. Striatal neurons comprise mainly GABAergic MSNs but also a small population of various types of interneurons. The MSNs, which exhibit low firing rates and high spine densities, are further divided into two subtypes: dopamine receptor type 1 (D1R)-expressing and D2R-expressing MSNs ([@b29-molce-40-6-379]). The striatal interneuron population includes fast-spiking parvalbumin-positive interneurons, low threshold-spiking somatostatin-positive interneurons, and tonically active cholinergic interneurons (ChINs). Although dynamic regulation of synaptic plasticity at individual pathways appears to play a pivotal role in the expression of distinct addiction-like behavioral phenotypes, it remains unknown which striatal circuits are implicated and modulate specific forms of the behaviors.
Along with other accumulating knowledge, emerging methods, such as optogenetics and chemogenetics further increase our understanding of addiction-related striatal circuits ([@b23-molce-40-6-379]; [@b63-molce-40-6-379]). Using these molecular and cellular approaches, we have just begun to characterize the causal brain regions and related circuits playing distinct roles in addiction-like behaviors. In here, we summarize recent studies examining pathway-specific regulation of inbound and outbound striatal circuits and also provide conceptual bases for future investigations.
MESO-STRIATAL CIRCUIT
=====================
Dopamine released in the target brain areas controls and shapes the neural circuits and addictive behaviors. A majority of dopaminergic neurons in the brain are located in the VTA and the SNpc, which project to the ventral and dorsal striatum, respectively. Psychostimulants, including cocaine and amphetamine, elevate dopamine concentrations in these target brain areas by blocking reuptake of dopamine at the axon terminal ([@b30-molce-40-6-379]; [@b35-molce-40-6-379]). As a result, accumulation of extracellular dopamine by drug intake may induce abnormal dopamine-dependent plasticity ([@b28-molce-40-6-379]). Indeed, single or repeated exposure to addictive drugs induces long-term synaptic plasticity that can persist for months ([@b7-molce-40-6-379]). Such observations have supported the view that addictive drugs hijack dopamine pathways and may account for long-lasting remodeling of synaptic transmission ([@b70-molce-40-6-379]).
A physiological consequence of increased excitatory inputs to VTA dopamine neurons is the heighted activation of the mesolimbic pathway, which may in turn contribute to addiction states ([@b55-molce-40-6-379]; [@b65-molce-40-6-379]). These findings have been substantiated by recent studies using optogenetic manipulation mimicking the activity of dopamine neurons and acting as a positive reinforcer ([@b60-molce-40-6-379]). For example, activation of dopamine neurons supports operant responding, which represents reward-seeking behaviors ([@b1-molce-40-6-379]; [@b51-molce-40-6-379]), and conditioned place preference (CPP), which represents reward learning ([@b64-molce-40-6-379]), both of which are paralleled by an elevation of dopamine ([@b62-molce-40-6-379]; [@b71-molce-40-6-379]). Thus, activation of the mesostriatal dopaminergic pathway could determine dopamine-induced plasticity that is critical for setting up and maintaining drug addiction.
The NAc receives not only dopaminergic but also GABAergic inputs from the mesolimbic pathway ([@b10-molce-40-6-379]). However, it is not well understood how inhibitory transmission is provided by the long-range GABAergic projections from the VTA, and whether or not the pathway modulates drug-seeking behavior. The VTA GABAergic projections synapse on the soma and proximal dendrites of ChINs in the NAc ([@b10-molce-40-6-379]). ChINs express D2Rs and also control dopamine release; thus activation of ChINs could modulate spontaneous dopamine release ([@b2-molce-40-6-379]; [@b12-molce-40-6-379]; [@b73-molce-40-6-379]). Moreover, collateral dopaminergic and GABAergic projections from the VTA to the NAc heterosynaptically induce long-term depression (LTD) in inhibitory transmission ([@b33-molce-40-6-379]). Interestingly, this LTD is occluded after withdrawal from cocaine exposure ([@b33-molce-40-6-379]). Thus, the physiological roles of the accumbal ChINs could contribute to the altered emotional and motivational states that occur during drug ([@b67-molce-40-6-379]). However, it is still unclear whether and how this cholinergic regulation is involved in controlling addiction-like behaviors.
CORTICO-STRIATAL CIRCUIT
========================
The corticostriatal pathway has been extensively characterized, and its physiological relevance has long been emphasized as a part of the cortico--striato--thalamic circuit that is implicated in cognitive hierarchies ([@b31-molce-40-6-379]; [@b34-molce-40-6-379]). Specifically, the PFC participates in modulating goal-directed behaviors by re-evaluation of drug-associated instrumental response contingency ([@b18-molce-40-6-379]; [@b37-molce-40-6-379]; [@b49-molce-40-6-379]). Neuronal information from the PFC is conveyed to the striatum, which may result in habit learning ([@b72-molce-40-6-379]). Indeed, synaptic potentiation is observed in the medial PFC--striatal circuits of drug-seeking mice after sustained withdrawal. This increased synaptic strength may suggest the potential role of the medial PFC--striatal pathway for cue-induced drug-seeking responses ([@b50-molce-40-6-379]). The medial PFC can be further divided into the prelimbic cortex (PrL) and infralimbic cortex (IL), preferentially projecting to the NAc core and shell, respectively. The PrL and IL putatively exhibit opposite roles in drug addiction, especially when being subjected to changing environmental contingencies during and after extinction training. Consistent with this notion, inactivation of the PrL prevents reinstatement of drug memory ([@b27-molce-40-6-379]; [@b36-molce-40-6-379]; [@b59-molce-40-6-379]), whereas inactivation of the IL facilitates reinstatement of drug-seeking behavior ([@b53-molce-40-6-379]). However, there are incongruent studies indicating functional roles of the medial PFC in incubation of drug craving ([@b8-molce-40-6-379]; [@b40-molce-40-6-379]; [@b46-molce-40-6-379]). Therefore, it is worth investigating how distinct corticostriatal pathways control and sculpt the learning and expression of goal-directed instrumental behavior, ultimately updating the value of drug-seeking behavior.
AMYGDALO--ACCUMBAL CIRCUIT
==========================
Addictive drugs or psychostimulants modulate emotional states, and recreational drug use can induce positive reinforcement and advance the progression of the addiction stages. The amygdala, which plays pivotal roles in emotional learning and memory, also appears to be involved in addiction-like behavior. Principal neurons in the BLA project to the NAc, and the functional role of this pathway has been initially addressed by disconnection studies. For example, selective lesion of the BLA or NAc core results in impaired acquisition of drug-seeking behavior ([@b26-molce-40-6-379]; [@b68-molce-40-6-379]). The BLA--NAc pathway was recently shown to mediate behaviors associated with positive or negative valences ([@b38-molce-40-6-379]; [@b52-molce-40-6-379]; [@b61-molce-40-6-379]). Applying optical stimulation to this pathway promotes motivated behavior, which requires D1R-expressing but not D2R-expressing MSNs ([@b61-molce-40-6-379]). [@b61-molce-40-6-379] demonstrated that intracranial self-stimulation of the amygdala projection, but not the cortical inputs, to the NAc induces positive reinforcement. The data are consistent with other studies that indicate significant alteration of the D1R-expressing MSNs after repeated drug exposure and the previous observation that the amygdala--striatal circuits are critical for selectively strengthening the innervation of D1R-expressing MSNs in the NAc ([@b43-molce-40-6-379]; [@b50-molce-40-6-379]). Furthermore, synaptic alterations in only the BLA--NAc circuit are sufficient to control locomotor sensitization ([@b47-molce-40-6-379]), CPP expression, and craving behavior through the maturation of silent synapses and recruitment of calcium-permeable AMPA receptors ([@b11-molce-40-6-379]; [@b43-molce-40-6-379]; [@b57-molce-40-6-379]). The hM4D~i~-mediated chemogenetic modulation of G~i/o~ signaling in the amygdala--striatal circuit attenuates locomotor sensitization to drug exposure, but does not affect basal locomotion ([@b47-molce-40-6-379]). Taken together, these findings suggest that the BLA--NAc circuit plays necessary and critical roles for reinforcement learning, and putatively addiction-like, behaviors.
HIPPOCAMPAL--STRIATAL CIRCUIT
=============================
The ventral hippocampus (vHPC) is another major source of glutamatergic inputs to the NAc, especially to the medial shell ([@b74-molce-40-6-379]). Indeed, vHPC neurons activate NAc MSNs, with stronger inputs on D1R-expressing rather than D2R-expressing MSNs. This vHPC--NAc pathway is also affected by cocaine exposure. After repeated non-contingent injections of cocaine, the bias in the amplitude of excitatory currents in D1R- and D2R-MSNs is abolished, suggesting that the vHPC--NAc pathway is capable of mediate drug-induced synaptic plasticity ([@b47-molce-40-6-379]). Indeed, lesions of the dorsal subiculum result in hyperactivity, whereas lesions of the ventral subiculum reduce locomotor responses to amphetamine and impair acquisition of cocaine self-administration ([@b13-molce-40-6-379]; [@b54-molce-40-6-379]). Interestingly, the vHPC--striatal pathway is potentiated after drug exposure ([@b9-molce-40-6-379]) and supports discrimination of drug-associated actions in the operant chamber ([@b50-molce-40-6-379]). Thus, hippocampal inputs to the NAc, especially to the shell, would be highly involved in both the psychomotor stimulant effect and information processing of the contextual values. The preponderance of evidence suggests that the hippocampus is necessary for the expression of drug addiction-like behaviors.
STRIATAL DIRECT AND INDIRECT PATHWAYS
=====================================
As described above, GABAergic MSNs constitute either the direct or indirect pathway based on their projection targets. The direct pathway comprises D1R-expressing MSNs that directly project to basal ganglia output nuclei, such as the substantia nigra or subthalamic nucleus. By contrast, the indirect pathway is composed of D2R-expressing MSNs that project to other basal ganglia nuclei that subsequently innervate output nuclei (e.g., the globus pallidus externa) ([@b28-molce-40-6-379]). The D1R is a G~s/a~ protein-coupled receptor whose activation results in stimulation of adenylyl cyclase, whereas the D2R is a G~i/a~ protein-coupled receptor whose activation inhibits adenylyl cyclase ([@b48-molce-40-6-379]). Chemogenetic inhibition of D1R-MSNs in the dorsal striatum suppresses locomotor sensitization, while inhibition of D2R-MSNs promotes locomotor activity after amphetamine exposure ([@b24-molce-40-6-379]). Furthermore, dorsal striatal D1R-MSNs likely mediate acquisition of reinforced behavior and place preference behavior, whereas D2R-MSNs play a sufficient role for place aversion ([@b42-molce-40-6-379]). Chemogenetic inhibition of striatal D2R-MSNs increases motivation for cocaine ([@b5-molce-40-6-379]).
Expression of D1R is necessary to produce cocaine self-administration behavior ([@b15-molce-40-6-379]). By contrast, D2R is not essential for self-administration behavior ([@b14-molce-40-6-379]), but the activation of striatal D2R-MSNs rather impairs locomotor sensitization ([@b44-molce-40-6-379]). Furthermore, the ablation of striatal D2R-expressing MSNs results in increased amphetamine CPP ([@b20-molce-40-6-379]), suggesting that D2R-expressing MSNs in the NAc play an inhibitory role in addiction-like behaviors. Taken together, this evidence suggests that the expression of addiction-like behaviors is controlled by the balanced activity of D1Rs and D2Rs, which are differentially expressed in distinct subtypes of projection neurons in the striatum. However, it still remains challenging to conclusively establish differential roles for each MSN type in addiction-like behaviors.
Axons from both D1R-MSNs and D2R-MSNs in the NAc innervate the ventral pallidum (VP) ([@b16-molce-40-6-379]). These pathways appear to encode the overall direction of the behavioral outputs. Normalization of cocaine-induced plasticity at NAc--VP synapses by optogenetic modulation of the direct pathway indicates that the collateral NAc--VP pathway composed of D1R-MSNs is necessary for locomotor sensitization and maintenance of motivation for cocaine seeking ([@b16-molce-40-6-379]). Interestingly and also in agreement with the optogenetic results, drug-induced (i.e., amphetamine) sensitization is blocked by G~s~-coupled receptor activation of the adenosine A2a receptor, a marker of D2R-MSNs, expressing neurons ([@b22-molce-40-6-379]). Thus, activation of D2R-MSNs seems to lead to lateral inhibition of the D1R-MSNs in the NAc to control reward-related behaviors. Exposure to cocaine suppresses this lateral inhibition, which thus promotes behavioral sensitization ([@b19-molce-40-6-379]).
ADDITIONAL COMPONENTS UNDERLYING ADDICTION-LIKE BEHAVIORS
=========================================================
In the progression of drug addiction, relapse is the recurrence of addiction that had advanced to recovery or remission. Stress is a major priming stimulus for triggering relapse ([@b36-molce-40-6-379]), and addictive drugs that have hedonic effects may help cope with the stressful conditions. There is ample evidence that stress increases the occurrence of relapse, but the cellular and molecular mechanisms have just begun to be addressed. For example, activation of extracellular signal-regulated kinase by brain-derived neurotrophic factor (BDNF) in the mesostriatal pathway is required for acquisition of drug-induced sensitization and CPP ([@b44-molce-40-6-379]). BDNF-mediated dopamine neuron activation is controlled by corticotropin-releasing factor (CRF; also known as corticotropin-releasing hormone), which is released under stressful conditions ([@b66-molce-40-6-379]). CRF signaling, which arises from the extended amygdala structures, including the central amygdala, may contribute to the priming of drug seeking in stressful conditions ([@b56-molce-40-6-379]).
Another factor that needs to be addressed in drug addiction is the connectivity between neural ensembles that arise from the association between sensory inputs and the hedonic effect of drugs. Considering that drug-induced plasticity occurs at a small subset of activated striatal neurons ([@b41-molce-40-6-379]), neuronal connectivity would change between drug-recruited neurons and the other neuronal components, which would sculpt the acquisition and expression of drug-related memory. Additional research dedicated to this line of study will benefit further understanding of circuit-mediated addictive behavior.
CONCLUSION
==========
The aim of circuit-wide and circuit-specific investigations for addiction-like behavior is to elucidate addiction mechanisms and offer successful therapeutic intervention for addiction. Accumulated data indicate that the striatum is a key brain area involved in drug addiction, as striatal circuits play critical roles in setting-up of addiction-like behaviors and are critically involved in all stages of addiction progression, from initial exposure to relapse. Studies using optogenetic and chemogenetic strategies have revealed distinct neuronal circuits relevant to the progression of addiction and shared circuits with common behavioral consequences after exposure to various psychostimulants ([Fig. 2](#f2-molce-40-6-379){ref-type="fig"}). Striatal circuit-selective activation--inactivation or potentiation--depotentiation precedes the significant alteration of addiction-like behaviors, substantiating the net effect of an individual circuit on the progression of addiction. After an exposure to psychostimulant drugs, motor activity is controlled by inputs to the striatum from the vHPC and the amygdala and via the direct and indirect pathways to increase striatal dopamine levels. These pathways are also necessary for encoding components of addictive drug-related learning and memories after repeated use. Furthermore, relapse to psychostimulant drugs after abstinence largely involves the PFC, which projects to the ventral striatum, for the expression of craving or compulsive drug-seeking behaviors. Among the striatal circuits involved in the progression of addiction, activation of the IL--NAc shell and striatal D2R-MSN indirect pathways are effective for inhibiting related behavioral expression. Indeed, natural protective mechanisms of the striatal indirect pathway have been described ([@b5-molce-40-6-379]), and striatal circuit-selective restoration of synaptic transmission has been shown to normalize circuit functions and rescue animal behaviors ([@b45-molce-40-6-379]). Therefore, circuit-specific modulations provide a promising key solution for the development of effective therapeutic interventions that ameliorate (or even cure) addiction at each step of the addiction processes.
This work was supported by grants from the National Research Foundation of Korea (2014051826 and NRF-2017R1 A2B2004122) to J.-H.K.
{#f1-molce-40-6-379}
{#f2-molce-40-6-379}
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Since electrochemical capacitors including an electric double-layer capacitor can be easily made small in size and light in weight, they are expected as, for example, backup power sources for the power sources of portable equipment (small-sized electronic equipment) etc., and auxiliary power sources for an electric automobile and a hybrid vehicle, and various studies have been made for enhancing the performances of the electrochemical capacitors. Especially in a case where a large capacity is required as in the power source for the electric automobile, it has been desired to develop an electrochemical capacitor in which a capacitance per unit volume of electrodes (hereinbelow, termed “volume capacitance”) is high.
Each electrode for use in such an electrochemical capacitor has a laminated structure which includes a current collector and a polarizable electrode layer, and it can be fabricated by coating the front surface of the sheet-like current collector with a solution which is to become the material of the polarizable electrode layer, and which is subjected to drying (refer to Patent Document 1). Since, however, the density of the polarizable electrode layer to be formed is low merely by coating the front surface of the current collector with such a solution and then drying the solution, a sufficient volume capacitance cannot be attained. In order to attain a higher volume capacitance, therefore, the polarizable electrode layer needs to be compressed by roll press or the like after the formation thereof by the coating.
[Patent Document 1] JP-A-2000-106332
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Voss Norway – Meeting Location
Meeting in Voss Norway
Our meeting location in Voss Norway is conveniently situated on the lakefront in center of town, come look for our floating office on the pier just below the Park hotel. We are a short 5 minute walk away from the train station in Voss Norway and close to most accommodation, making it the ideal location in Voss Norway.
By Bus or Train
If you arrive Voss Norway by bus or train you should get off at the Voss train station. Our base is just a short 5 minute walk away, simply exit the train station, walk towards the lakeside. Continue left as you reach the lakeside, we are 150 meters further along the shore, look for our floating base.
By Car
If you arrive by car, follow the road signs to Voss Norway. We are 100 km East of Bergen along the E16, on the way to the fjords. When you reach Voss you find the Park hotel as you arrive at the centre of town, you find car parking at the central parking lot which is located next to the nearby lake side Minigolf Café.
Where is Voss Norway?
Voss Norway is situated in between the two most famous fjords in Norway – the Sognefjord to our North & the Hardangerfjord to our South and within short travelling distance from Bergen, Gudvangen, Flåm, Aurland, Ulvik or Eidfjord. This makes Voss Norway the perfect base for a shorter or longer stay exploring the fjord region. Wherever you may be staying there are good connections by train or bus, making it easy to make it in time for our tours and still get back in opposite direction same day.
Voss Norway is a small town framed by spectacular mountains surrounding the city and central lake. Being relatively old, it is a place rich in history and colourful folklore. The more recent image of Voss becoming the Adventure Capital of Europe is only one of the things that makes the place truly unique. The annual Extremesports week hosted in late June draws thousands of adventure seeking people to town.
What to expect in Voss Norway
Culture, tradition, nature, the great outdoors, adrenaline or family activities whatever you wish for Voss Norway has it all! It is a unique place for a holiday, allowing you getting away from the crowds into nearby unspoiled nature while still being able to enjoy the comfort of the nearby facilities.
For your convenience, the Nordic Ventures Base provides:
VISA or Master Card & Maestro payment facilities
Complimentary refreshments, tea & coffee
Free car parking nearby
Bicycle, valuables and luggage storage so you don’t have to worry about the belongings you leave behind while you are out and away kayaking.
Access to a great selection of activities to suit everybody¹s taste – Voss has it all!
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Illinois Official Reports
Supreme Court
People v. LeFlore, 2015 IL 116799
Caption in Supreme THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. KEITH
Court: LeFLORE, Appellee.
Docket No. 116799
Filed May 21, 2015
Decision Under Appeal from the Appellate Court for the Second District; heard in that
Review court on appeal from the Circuit Court of Kane County, the Hon. Allen
M. Anderson, Judge, presiding.
Judgment Appellate court affirmed in part and reversed in part.
Circuit court affirmed in part and reversed in part.
Cause remanded.
Counsel on Lisa Madigan, Attorney General, of Springfield, and Joseph H.
Appeal McMahon, State’s Attorney, of St. Charles (Carolyn E. Shapiro,
Solicitor General, and Michael M. Glick and Eldad Z. Malamuth,
Assistant Attorneys General, of Chicago, and Patrick Delfino,
Lawrence M. Bauer and Jay Paul Hoffmann, of the Office of the
State’s Attorneys Appellate Prosecutor, of Elgin, of counsel), for the
People.
Michael J. Pelletier, State Appellate Defender, Alan D. Goldberg,
Deputy Defender, and Darren E. Miller, Assistant Appellate Defender,
of the Office of the State Appellate Defender, of Chicago, and
Christopher D. Moore, law student, for appellant.
Justices JUSTICE THOMAS delivered the judgment of the court, with
opinion.
Chief Justice Garman and Justices Kilbride and Karmeier concurred in
the judgment and opinion.
Justice Burke dissented, with opinion, joined by Justices Freeman and
Theis.
OPINION
¶1 Defendant, Keith LeFlore, was charged with aggravated robbery, robbery and burglary in
connection with an April 24, 2009, robbery of a gas station in Aurora, Illinois. Defendant filed
a pretrial motion to quash arrest and suppress evidence, arguing that police improperly used a
Global Positioning System (GPS) device without a warrant to track the movements of a vehicle
he used. The trial court denied the motion. Following a jury trial, defendant was convicted of
all charges, and sentenced to 20 years in prison on the aggravated robbery charge. The
appellate court reversed and remanded. We allowed the State’s petition for leave to appeal. Ill.
S. Ct. R. 315 (eff. July 1, 2013).
¶2 BACKGROUND
¶3 In April 2009, Aurora police received a tip from the Crime Stoppers hotline that defendant
was committing burglaries on the west side of Aurora and bringing “various items” into his
apartment complex. The police located defendant’s address at the apartment complex after a
data search. Police also discovered that defendant was on mandatory supervised release from
prison. They also knew that in a recent police encounter defendant had been arrested for
fleeing in a red Kia Spectra with license plate X743***. The Kia was registered to Stephanie
Powell, who lived at the same address as defendant.
¶4 On April 23, 2009, Aurora police detective Jeremy Shufelt placed a GPS device under the
rear bumper of the Kia while it was parked at the apartment complex where defendant resided.
Detective Shufelt did not obtain a warrant to place the GPS device on the car’s exterior. Early
the next morning, a local gas station located a few minutes from defendant’s residence was
held up. Tracking from the GPS device showed that the Kia was parked near the gas station at
the time it was robbed around 4:40 a.m.
¶5 A surveillance camera captured the robbery on video. It showed that the robber used what
looked like a shotgun. He took the cash drawer and a carton of Newport cigarettes from the
cashier and fled. The video also showed that the robber was wearing a pair of Steve Madden
athletic shoes, which have a distinctive striping pattern on them.
¶6 On the evening of the same day as the robbery, police conducted a parole search of
defendant’s residence. Defendant arrived at the apartment complex driving the Kia at the same
time the police were conducting their search of his residence. Defendant was taken into
custody for driving with a revoked license. He was wearing Steve Madden athletic shoes.
During the search, the police recovered a hollow metal cane that had the rubber tip removed
from the end.
-2-
¶7 When defendant was interviewed, the police told him that he had been under surveillance,
but they did not tell him about the use of the GPS device. The police also told him that the
apartment complex’s video camera showed him leaving early in the morning. After the police
placed the metal cane in the interview room, defendant confessed, explaining that he made the
cane look like a gun by removing the rubber stopper at the end and placing a black
grocery-type bag around the center. The cashier from the store later picked defendant out of a
photo lineup.
¶8 Defendant was eventually charged with aggravated robbery, robbery and burglary in the
circuit court of Kane County. Defendant filed a motion to quash his arrest and suppress
evidence, arguing that it was solely through information received through the GPS tracking
device that defendant became a suspect in the robbery and therefore all the evidence against
him should be suppressed. The trial court denied the motion, finding that the use and “the
existence” of the GPS device, which did not interfere with defendant’s possessory interest in
the vehicle, did not constitute a search under either the federal or state constitutions. Relying
upon United States v. Knotts, 460 U.S. 276 (1983), United States v. Karo, 468 U.S. 705 (1984),
and United States v. Garcia, 474 F.3d 994 (7th Cir. 2007), as controlling authority, the court
concluded that the fourth amendment was not violated because “the information secured by the
police was equal to what personal surveillance would have revealed and [was] available from
the observations that could have been made on or about the public way or the publicly
accessible locations.”
¶9 Defendant represented himself at his trial and the jury found him guilty of all charges. The
trial court entered judgment on the aggravated battery charge and sentenced defendant to 20
years in prison. On appeal, defendant argued that the trial court erred in denying his motion to
quash arrest and suppress evidence, and that the court erroneously allowed him to waive
counsel without properly admonishing him under Illinois Supreme Court Rule 401(a) (eff. July
1, 1984).
¶ 10 While this case was pending on appeal in the appellate court, the United States Supreme
Court decided United States v. Jones, 565 U.S. ___, ___, 132 S. Ct. 945, 948-49 (2012), which
held that the attachment of a GPS tracking device and the subsequent use of the device to
monitor a vehicle’s movements on public streets was a search under the fourth amendment
because the placement of the device constituted an unlawful trespass. Also while this case was
pending on appeal, the Supreme Court decided Davis v. United States, 564 U.S. ___, 131 S. Ct.
2419 (2011). In Davis, the Court applied the good-faith exception to the exclusionary rule to an
automobile search conducted by a state police officer “in objectively reasonable reliance on
binding judicial precedent.” Id. at ___, 131 S. Ct. at 2428-29.
¶ 11 Prior to the oral argument before the appellate court in the present case, the State submitted
Jones as additional authority. 2013 IL App (2d) 100659, ¶ 83 (Birkett, J., concurring in part
and dissenting in part). The parties were then directed to address Davis and whether the
good-faith exception applied. Id. At oral argument, the State argued that Knotts and Karo were
“binding precedent” at the time the search was conducted, and defendant argued that those two
cases were distinguishable because they involved “beeper” tracking devices and not the more
advanced GPS technology used here. Id. ¶ 108.
¶ 12 A divided appellate court reversed defendant’s conviction based on Jones and remanded
for further proceedings to determine whether defendant borrowed the vehicle with Powell’s
-3-
consent so as to establish standing under Jones. Id. ¶ 29 (majority opinion). The appellate court
majority accepted defendant’s argument that the good-faith exception to the exclusionary rule
was not applicable due to the more advanced nature of GPS tracking. Id. ¶¶ 44-45. However,
Justice Birkett in his partial dissent determined, among other things, that the good-faith
exception applied and that the evidence that resulted from the GPS tracking should not be
excluded. He concluded that the trial court correctly ruled that Knotts and Karo were “binding
precedent” that controlled the outcome at the time the search was conducted in April 2009. Id.
¶ 115 (Birkett, J., concurring in part and dissenting in part). Finally, the appellate court was in
unanimous agreement that the defendant’s convictions must be reversed and the cause
remanded for a new trial based on the trial court’s failure to properly admonish defendant
pursuant to Supreme Court Rule 401(a) (Ill. S. Ct. R. 401(a) (eff. July 1, 1984)). 2013 IL App
(2d) 100659, ¶ 60.
¶ 13 We allowed the State’s petition for leave to appeal. Ill. S. Ct. R. 315 (eff. July 1, 2013).
Before this court, the State concedes that the appellate court correctly determined that
defendant must be retried based on the lack of proper admonishments under Supreme Court
Rule 401(a). The State contends, however, that upon remand for a new trial, there is no need
for the trial court to hold a new suppression hearing. In that regard, three issues are raised
before this court: (1) whether the fourth amendment permitted police to place a GPS device on
a car associated with defendant, where defendant was on mandatory supervised release from
prison at the time and thus had a diminished expectation of privacy from that of an ordinary
citizen; (2) whether defendant is entitled to a remand to present new evidence to establish his
interest in the Kia so that he can avail himself of the holding in Jones; and (3) whether the
good-faith exception to the exclusionary rule is applicable under the circumstances of this case
so that the evidence compiled against defendant as a result of the installation and use of the
GPS device should not be excluded. For the reasons that follow, we find that the good-faith
exception to the exclusionary rule is applicable and that a new suppression hearing is therefore
not warranted. Because this issue is dispositive, we find it unnecessary to address the two other
issues raised by the parties.
¶ 14 ANALYSIS
¶ 15 The fourth amendment to the United States Constitution provides that:
“[t]he right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to be seized.” U.S. Const.,
amend. IV.
¶ 16 In a similar fashion, the Illinois Constitution provides that:
“[t]he people shall have the right to be secure in their persons, houses, papers and
other possessions against unreasonable searches, seizures, invasions of privacy or
interceptions of communications by eavesdropping devices or other means. No warrant
shall issue without probable cause, supported by affidavit particularly describing the
place to be searched and the persons or things to be seized.” Ill. Const. 1970, art. I, § 6.
This court interprets the search and seizure clause of the Illinois Constitution in “limited
lockstep” with its federal counterpart. People v. Caballes, 221 Ill. 2d 282, 314 (2006).
-4-
¶ 17 Searches conducted without a warrant are per se unreasonable under the fourth amendment
subject only to a few exceptions. Katz v. United States, 389 U.S. 347, 357 (1967). The
Supreme Court created the exclusionary rule as a general deterrent to future fourth amendment
violations. Arizona v. Evans, 514 U.S. 1, 10 (1995). Despite the exclusionary rule’s
relationship to the fourth amendment, however, there is no constitutional right to have the
fruits of an illegal search or seizure suppressed at trial. United States v. Katzin, 769 F.3d 163,
170 (3d Cir. 2014) (en banc) (noting that the fourth amendment “ ‘says nothing about
suppressing evidence in violation of [its] command’ ” (citing Davis, 564 U.S. at ___, 131 S. Ct.
at 2426)). The judicially created doctrine of exclusion at times suppresses the evidence and
makes it unavailable for trial. However, even when a fourth amendment violation has
occurred, the evidence that resulted will not be suppressed when the good-faith exception to
the exclusionary rule applies. Katzin, 769 F.3d at 169-70.
¶ 18 In the present case, we need not determine whether Aurora police conducted an
unreasonable search in violation of Jones. Nor do we need to remand for further proceedings to
determine whether defendant had a sufficient possessory interest in the Kia to avail himself of
the holding in Jones. This is because even assuming that the search violated the fourth
amendment, the good-faith exception is applicable and suppression is not warranted.
¶ 19 Defendant seeks to avoid that result by arguing that Aurora police do not fall under the
good-faith exception as explained in Davis because Knotts and Karo are distinguishable cases
that the officers could not have reasonably relied upon. Defendant argues that both cases are
distinguishable because they involved beeper tracking and not GPS technology and did not
involve a trespass of the device onto the vehicle’s exterior without the consent of the owner.
Defendant also argues that police could not have reasonably relied upon Garcia, a Seventh
Circuit Court of Appeals case directly on point, because that case “is not binding precedent on
Illinois courts.” In defendant’s view, binding precedent only exists if it is from the same
jurisdiction in which the case is prosecuted, is followed by police to the “letter,” and is on all
fours with the case to be decided.
¶ 20 As we will explain more fully below, defendant’s reading of Davis is incorrect and too
narrow. Acceptance of the narrow interpretation of Davis proposed by defendant would mean
neglecting or ignoring the important principles that have been set forth by the Supreme Court
to help determine whether the good-faith exception to the exclusionary rule should apply in
any given case. We also note at the outset that all of the federal circuits that have considered
post-Jones whether the good-faith exception applies in cases of warrantless GPS searches
conducted pre-Jones have rejected a narrow reading of Davis and have instead concluded that
the good-faith exception applies under circumstances identical to the present case. E.g., United
States v. Katzin, 769 F.3d 163 (3d Cir. 2014) (en banc) (although the facts of Knotts and Karo
differ from Jones, it is the rationale that underpins those decisions that is considered binding
appellate precedent and that it was objectively reasonable for the officers to rely upon the
precedent under Davis); United States v. Stephens, 764 F.3d 327, 338 (4th Cir. 2014)
(“[w]ithout the benefit of hindsight *** and with no contrary guidance from the Supreme
Court or this Court, *** a reasonably well-trained officer in this Circuit could have relied on
Knotts as permitting the type of warrantless GPS usage in this case”); United States v. Brown,
744 F.3d 474, 478 (7th Cir. 2014) (rehearing and rehearing en banc denied) (observing that “all
of the extant appellate precedent is on the side of applying Davis” and its good-faith exception
to “all pre-Jones GPS tracking,” even when installation was nonconsensual and without a
-5-
warrant (emphasis in original)); United States v. Aguiar, 737 F.3d 251, 261 (2d Cir. 2013)
(found that at the time police placed the GPS tracking device on the defendant’s car in 2009,
law enforcement could reasonably rely upon the binding appellate precedent of Knotts and
Karo); United States v. Sparks, 711 F.3d 58, 65 (1st Cir. 2013) (noting that even though the
circuit had not addressed warrantless GPS tracking prior to Jones, the Supreme Court’s
decision in Knotts was “sufficiently clear and apposite” to trigger Davis’s good-faith
exception); see also Kelly v. State, 82 A.2d 205, 214 (Md. 2013) (the state’s highest court
determined that Knotts was sufficient binding appellate precedent in Maryland to authorize
GPS tracking at the time officers installed the device to the defendant’s vehicle pre-Jones).
¶ 21 I. Exclusionary Rule and the Good-Faith Exception
¶ 22 We turn now to the guiding principles that should govern any analysis as to the
applicability of the exclusionary rule or its good-faith exception. There is no constitutional
right to have the evidence resulting from an illegal search or seizure suppressed at trial. Katzin,
769 F.3d at 170 (quoting Davis, 564 U.S. at ___, 131 S. Ct. at 2426). The mere fact of a fourth
amendment violation does not mean that exclusion necessarily follows. Id. Instead, application
of the exclusionary rule has been restricted to those “unusual cases” where it can achieve its
sole objective: to deter future fourth amendment violations. Id. (citing United States v. Leon,
468 U.S. 897, 909 (1984)). The Supreme Court has repeatedly expressed the notion that
“exclusion ‘has always been our last resort, not our first impulse.’ ” Herring v. United States,
555 U.S. 135, 140 (2009).
¶ 23 In order for exclusion of the evidence to apply, the deterrent benefit of suppression must
outweigh the “substantial social costs.” Leon, 468 U.S. at 907. “ ‘Exclusion exacts a heavy toll
on both the judicial system and society at large,’ because it ‘almost always requires courts to
ignore reliable, trustworthy evidence bearing on guilt or innocence,’ and ‘its bottom-line
effect, in many cases, is to suppress the truth and set the criminal loose in the community
without punishment.’ ” Stephens, 764 F.3d at 335 (quoting Davis, 564 U.S. at ___, 131 S. Ct. at
2427). “As this result conflicts with the ‘truth-finding functions of judge and jury,’ United
States v. Payner, 447 U.S. 727, 734 *** (1980), exclusion is a ‘bitter pill,’ Davis, 131 S. Ct. at
2427, swallowed only as a ‘last resort,’ Hudson, 547 U.S. at 591, 126 S. Ct. 2159.” Katzin, 769
F.3d at 171. In order for the exclusionary rule to be appropriate then, the deterrent benefits
must outweigh its heavy costs. Davis, 564 U.S. at ___, 131 S. Ct. at 2427.
¶ 24 Where the particular circumstances of a case show that police acted with an “ ‘objectively
“reasonable good-faith belief” that their conduct [was] lawful,’ ” or when their conduct
involved only simple, isolated negligence, there is no illicit conduct to deter. Katzin, 769 F.3d
at 171 (quoting Davis, 564 U.S. at ___, 131 S. Ct. at 2427-28, quoting Leon, 468 U.S. at 909).
In such a case, “ ‘the deterrence rationale loses much of its force and exclusion cannot pay its
way.’ ” (Internal quotation marks omitted.) Id. (quoting Davis, 564 U.S. at ___, 131 S. Ct. at
2428, quoting Leon, 468 U.S. at 907 n.6, 919). Thus, exclusion is invoked only where police
conduct is both “sufficiently deliberate” that deterrence is effective and “sufficiently culpable”
that deterrence outweighs the cost of suppression. Herring, 555 U.S. at 144; Katzin, 769 F.3d
at 171.
¶ 25 The “pertinent analysis of deterrence and culpability is objective, not an inquiry into the
subjective awareness of arresting officers.” (Internal quotation marks omitted.) Herring, 555
-6-
U.S. at 145. Thus, in determining whether the good-faith exception applies, a court must ask
“the objectively ascertainable question whether a reasonably well trained officer would have
known that the search was illegal in light of all of the circumstances.” (Internal quotation
marks omitted.) Id. (quoting Leon, 468 U.S. at 922 n.23).
¶ 26 II. Davis’s Application to the Specific Circumstances Before It
¶ 27 In Davis, the Supreme Court applied the good-faith exception in one specific instance: to
an automobile search following an arrest conducted by a local Greenville, Alabama, city police
officer investigating a state DUI offense. The question for the Court was whether the officer
could have reasonably relied upon an Eleventh Circuit Court of Appeals precedent as authority
for his conduct in deciding to search the vehicle. In that case, police found in the course of their
search a handgun in defendant’s jacket left inside the vehicle, and defendant was subsequently
prosecuted for a firearm charge in federal court. Davis held that “searches conducted in
objectively reasonable reliance on binding appellate precedent are not subject to the
exclusionary rule.” Davis, 564 U.S. at ___, 131 S. Ct. at 2423-24. The Court explained that
“[a]n officer who conducts a search in reasonable reliance on binding appellate precedent does
no more than ac[t] as a reasonable officer would and should act under the circumstances.
[Citation.] The deterrent effect of exclusion in such a case can only be to discourage the officer
from do[ing] his duty.” (Internal quotation marks omitted.) Id. at ___, 131 S. Ct. at 2429. Of
paramount importance to the Court’s holding was the lack of police culpability:
“Under our exclusionary-rule precedents, [the] acknowledged absence of police
culpability dooms Davis’s claim. Police practices trigger the harsh sanction of
exclusion only when they are deliberate enough to yield ‘meaningfu[l]’ deterrence, and
culpable enough to be ‘worth the price paid by the justice system.’ [Citation.] The
conduct of the officers here was neither of these things. The officers who conducted the
search did not violate Davis’s *** rights deliberately, recklessly, or with gross
negligence. [Citation.] Nor does this case involve any ‘recurring or systemic
negligence’ on the part of law enforcement. [Citation.] The police acted in strict
compliance with binding precedent, and their behavior was not wrongful. Unless the
exclusionary rule is to become a strict-liability regimen, it can have no application in
this case. Indeed, in 27 years of practice under Leon’s good-faith exception, we have
‘never applied’ the exclusionary rule to suppress evidence obtained as a result of
nonculpable, innocent police conduct.” Id. at ___, 131 S. Ct. at 2428-29.
¶ 28
¶ 29 Thus, if it can be said in the present case that “binding appellate precedent” existed on
April 23, 2009, allowing for warrantless GPS use when Detective Shufelt installed the device,
then Davis controls without a doubt and the exclusionary rule does not apply. However, even if
it could be concluded that “binding appellate precedent” did not exist in this case, it would not
end the inquiry. It would still be necessary to conduct the “good-faith inquiry” and consider
“whether a reasonably well trained officer would have known that the search was illegal in
light of all of the circumstances.” (Internal quotation marks omitted.) Herring, 555 U.S. at 145.
Clearly, application of the good-faith inquiry is not limited to the specific circumstances
addressed by the Supreme Court in Davis or any other Supreme Court case. Stephens, 764 F.3d
at 336. The Supreme Court has found the exclusionary rule to be inapplicable in a variety of
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settings after undertaking the good-faith analysis, and the fact that a court might apply the
good-faith exception in a new context not yet addressed by the Supreme Court does not mean
that it is creating a “new, freestanding exception” to the exclusionary rule. Id. at 336 n.10; see
also Davis, 564 U.S. at ___, 131 S. Ct. at 2428 (noting that “[t]he Court has over time applied
this ‘good-faith’ exception across a range of cases”).
¶ 30 III. Exclusionary Rule Does Not Apply for Three Reasons
¶ 31 We find that application of the exclusionary rule to this case is not appropriate for three
reasons. First, the exclusionary rule does not apply because at the time of Detective Shufelt’s
conduct in April 2009, the United States Supreme Court’s decisions in Knotts and Karo were
“binding appellate precedent” that he could have reasonably relied upon. Second, we find in
the alternative that, pursuant to the Supreme Court’s general good-faith analysis, the police
conduct in relying on the legal landscape that existed at the time was objectively reasonable
and a reasonable officer had no reason to suspect that his conduct was wrongful under the
circumstances. And third, this case fits squarely within the specific holding of Davis, because
United States v. Garcia, 474 F.3d 994, 996-97 (7th Cir. 2007), was binding precedent as far as
the Aurora police detective was concerned and he stood in exactly the same shoes as the
Alabama police officer in Davis that relied upon binding Eleventh Circuit Court of Appeals
precedent when he conducted a search in the course of investigating a state law traffic offense.
Accordingly, suppression of the evidence is not warranted for each of these reasons.
¶ 32 IV. Knotts and Karo Were Binding Appellate Precedent
¶ 33 There is no question that decisions of the United States Supreme Court interpreting fourth
amendment law are binding precedent for Illinois police officers and Illinois courts. We
conclude that the Supreme Court cases of Knotts and Karo clearly authorized the police
conduct in this case. Even though the underlying facts of those cases differ from the facts of the
present case, it is the rationale that underlies those cases that is relevant to our discussion. See
Katzin, 769 F.3d at 173-74; Stephens, 764 F.3d at 337-38.
¶ 34 In Knotts, the police were investigating suspects relative to a conspiracy to manufacture
illegal drugs. Knotts, 460 U.S. at 278. The police arranged for one of the suspects to voluntarily
take into his vehicle a container of chloroform that, unbeknownst to the suspect, contained a
beeper. By tracking the signals emitted from the beeper, police were able to locate it at
defendant’s secluded manufacturing site. The defendant sought to suppress the evidence that
was obtained as a result of the warrantless monitoring of the beeper. The Supreme Court held
that the use of the beeper to track a vehicle was not a search under the fourth amendment. Id. at
285. The Court explained that “[a] person traveling in an automobile on public thoroughfares
has no reasonable expectation of privacy in his movements from one place to another,” and the
beeper simply revealed what could have been seen by the public through visual surveillance
and it made no difference that the officers’ “sensory faculties” were augmented by its use. Id.
at 281, 282.
¶ 35 In Karo, the defendant ordered 50 gallons of ether (for use in cocaine smuggling) from an
informant. Karo, 468 U.S. at 708. After obtaining the informant’s consent, federal agents
substituted one of the informant’s cans of ether with its own can, which contained a beeper.
Defendant bought the can and took it into his car. For the next several months, the agents
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monitored the beeper to determine the location of the ether. One of the questions presented
before the Supreme Court was whether the warrantless installation of the beeper was legal. Id.
at 711.
¶ 36 The Court in Karo concluded that the warrantless installation of the beeper did not violate
the fourth amendment. Id. at 713. The Court found that the transfer of the can with the beeper
did not convey any information, and although there was a potential that the defendant’s privacy
could be invaded, the transfer itself infringed no privacy interest. Id. at 712. Moreover, the
Court found that the transfer was not a seizure despite the “technical trespass on the space
occupied by the beeper,” which the Court referred to as “unknown and unwanted foreign
object.” Id. The Court then proceeded to “broadly discredit[ ] the relevance of trespass in the
context of electronic surveillance of vehicles: ‘[A] physical trespass is only marginally
relevant to the question of whether the Fourth Amendment has been violated, ... for an actual
trespass is neither necessary nor sufficient to establish a constitutional violation.’ ” Katzin, 769
F.3d at 175 (quoting Karo, 468 U.S. at 712-13); see also Aguiar, 737 F.3d at 261 (also noting
that Karo discounted the importance of trespass in placing a tracking device).
¶ 37 As the Court of Appeals, Second Circuit, explained in Aguiar:
“Karo’s de minimis treatment of the trespass issue gave no indication that the issue of
trespass would become the touchstone for the analysis in Jones. Moreover, Karo’s
brushing off of the potential trespass fits logically with earlier Supreme Court decisions
concluding that ‘the physical characteristics of an automobile and its use result in a
lessened expectation of privacy therein.’ ” Aguiar, 737 F.3d at 261 (quoting New York
v. Class, 475 U.S. 106, 112 (1986) (to examine the exterior of an automobile does not
constitute a search)).
See also Cardwell v. Lewis, 417 U.S. 583, 591 (1974) (plurality opinion) (warrantless taking of
paint scrapings from the exterior of a vehicle does not constitute an unlawful search). 1
¶ 38 We conclude that it was objectively reasonable for the police to rely upon Knotts and Karo
for the conclusion that warrantless installation and monitoring of the GPS device was legal.
We acknowledge that the facts are different here, but again it was reasonable for Detective
Shufelt to rely upon the legal principles set forth by the Supreme Court. Here, police monitored
the movement of the Kia by GPS not by a beeper signal. But there is no legally significant
difference between the two technologies, and in both cases the devices were “unknown and
unwanted objects.” Moreover, the police surreptitiously affixed a GPS device to the underside
of the Kia’s bumper rather than surreptitiously “tricking him into unwittingly taking the GPS
device into his vehicle,” but otherwise the conduct of law enforcement here “echoed that in
Knotts and Karo.” Katzin, 769 F.3d at 176. Just like in Karo, the attachment of the GPS device
did not itself convey any information or infringe any privacy interest apart from its use.
¶ 39 We fully agree with the conclusion reached by the United States Court of Appeals, Third
Circuit, in its en banc decision in Katzin in considering the same issue under the identical facts
1
It must be recognized that there would have been no merit to any argument raised before Jones that
a physical trespass to private property, standing alone, would constitute a search. See, e.g., Florida v.
Riley, 488 U.S. 445, 459 n.3 (1989) (noting that Katz v. United States, 389 U.S. 347, 351 (1967), “made
plain that the question whether or not the disputed evidence had been procured by means of a trespass
was irrelevant”).
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presented here: “It would have been objectively reasonable for a law enforcement officer to
conclude that Karo’s sweeping rejection of the trespass theory applied not only to the [federal]
agents’ elaborate ruse therein, but also to the unremarkable strategy of magnetically attaching
a battery-operated GPS unit onto the exterior of a vehicle. In sum *** the Supreme Court’s
rationale was broad enough to embrace the agents’ conduct, and their reliance on this binding
appellate precedent was objectively reasonable under Davis.” Katzin, 769 F.3d at 175.
¶ 40 V. Conclusion That Knotts and Karo Are Binding Precedent
for Pre-Jones GPS Searches Is Supported by All of the
Federal Court of Appeals Decisions to Address the Issue
¶ 41 In the aftermath of Jones, all of the federal circuit court of appeals decisions to directly
consider whether Knotts and/or Karo are binding appellate precedent under Davis—so that
evidence obtained through warrantless GPS installation and use pre-Jones should not be
excluded—have answered the question in the affirmative and have applied the good-faith
exception. See United States v. Katzin, 769 F.3d 163, 173-75 (3d Cir. 2014); United States v.
Stephens, 764 F.3d 327, 338 (4th Cir. 2014); United States v. Aguiar, 737 F.3d 251, 261-62 (2d
Cir. 2013); see also United States v. Brown, 744 F.3d 474, 478 (7th Cir. 2014) (finding Knotts
and Karo are binding appellate precedent for purposes of consensual GPS installation and
subsequent monitoring; and stating that “all of the extant appellate precedent is on the side of
applying Davis[’s]” good-faith exception to all nonconsensual searches conducted pre-Jones
as well, and doubting the deterrent benefit of prohibiting police from relying on out-of-circuit
authority just because a particular circuit lacks its own authority); United States v. Sparks, 711
F.3d 58, 65, 67 (1st Cir. 2013). 2 Thus, the First, Second, Third and Fourth Circuits all clearly
hold that Knotts and/or Karo are binding appellate precedent for purposes of Davis.
Additionally, many of the other circuits will likely not have much opportunity to address this
precise point because they already had decided cases before Jones was decided, holding that
warrantless attachment and use of a GPS device on a suspect’s vehicle was acceptable under
Knotts and/or Karo. Consequently, there would be no need to consider Knotts and Karo
specifically as supporting application of the good-faith exception where their own circuit
precedent had already existed. See, e.g., United States v. Hernandez, 647 F.3d 216, 220-21 (5th
Cir. 2011) (relying on Knotts and its own prior precedent on beepers to hold that warrantless
GPS attachment and monitoring was not a search in a case decided before Jones); United
States v. Garcia, 474 F.3d 994, 996-97 (7th Cir. 2007) (same holding that warrantless GPS
installation and use was not a search); United States v. Marquez, 605 F.3d 604, 610 (8th Cir.
2010) (GPS installation and use requires only reasonable suspicion, not a warrant); United
States v. Pineda-Moreno, 591 F.3d 1212, 1215-17 (9th Cir. 2010) (GPS installation and use is
not a search); United States v. McIver, 186 F.3d 1119, 1126-27 (9th Cir. 1999) (holding that
GPS installation was not a search); United States v. Smith, 387 F. App’x 918, 921 (11th Cir.
2010) (per curiam) (installation of a GPS device did not violate the fourth amendment because
the defendant had no reasonable expectation of privacy in the exterior of his vehicle). There is,
2
Sparks also relied upon its own pre-Jones precedent in United States v. Moore, 562 F.2d 106 (1st
Cir. 1977), a case decided years before Knotts. Sparks did not delineate where its reliance on Knotts
ended and its reliance on Moore began, but Sparks relied upon Knotts as binding appellate precedent for
the same reasons we do. See Sparks, 711 F.3d at 65-67.
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then, nearly a clean sweep across the federal circuits holding that Knotts and Karo are
controlling precedent for GPS searches pre-Jones, and there is not any definitive authority to
the contrary. Cf. United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010) (holding only that
prolonged use of a GPS device, for 28 days, violated the fourth amendment, a question it
considered specifically reserved by Knotts).
¶ 42 The first of several such cases to squarely address, after Jones and Davis, the issue of
whether Knotts and Karo can be considered binding precedent for GPS searches conducted
before Jones was the Second Circuit’s decision in United States v. Aguiar, which we have
already quoted above. It will suffice to note that Aguiar unequivocally held that Knotts and
Karo were binding precedent at the time police installed the GPS device on January 23, 2009,
and then used it for the next 11 days. Aguiar, 737 F.3d at 261. Aguiar concluded that those
cases were sufficient precedent for police to reasonably conclude that a warrant was not
necessary. Id. In reaching this conclusion, the court noted that all of the circuits to consider
warrantless GPS installation pre-Jones had concluded the same, and that no unsettling
authority existed among the circuits until at least August 2010 when the District of Columbia
Circuit in Maynard, 615 F.3d at 565, found only that prolonged use of GPS tracking for 28
days, 24 hours a day, violated the fourth amendment. 3 Aguiar further noted its conclusion that
the officers relied in good faith on Knotts in placing the GPS device on the defendant’s vehicle
was reinforced by the fact that many of its sister circuits had reached similar results. Aguiar,
737 F.3d at 262. The court further noted that “[t]hese [out-of-circuit] cases are not binding
precedent and thus do not control our analysis ***, but do support the conclusion that relying
on Knotts was objectively reasonable.” Id. 4
¶ 43 The next United States Court of Appeals decision to address whether Knotts and Karo are
binding precedent for GPS searches pre-Jones was rendered by the Fourth Circuit in United
States v. Stephens, 764 F.3d 327 (4th Cir. 2014). In Stephens, federal and state law
enforcement officers in the Baltimore area were investigating the defendant, a convicted felon,
for possible drug and firearm charges. On May 13, 2011, a Baltimore police officer, acting
without a warrant, placed a GPS device under the rear bumper of the defendant’s vehicle.
Three days later, Baltimore city police tracked defendant in the vehicle. When the defendant
arrived at his destination, the officers searched the vehicle and found a loaded handgun. The
defendant was charged with state law crimes and remained in state custody for about three
months, until a federal grand jury indicted the defendant on a federal firearm charge. The State
3
This was the case taken up by the Supreme Court, now captioned United States v. Jones, 565 U.S.
___, 132 S. Ct. 945 (2012), which brought forth a “tectonic shift” in the legal landscape, to hold that the
installation and use of the GPS device was an illegal search because of the trespass to the vehicle’s
exterior. In Maynard, the defendant apparently thought any question as to a possible trespass due to the
attachment of the GPS was so well settled that he did not raise it. Moreover, Maynard rested its holding
on the prolonged surveillance (28 days duration), a question it considered left open by Knotts.
Maynard, 615 F.3d at 558.
4
Aguiar stated that in the aftermath of Jones, there was a split in the circuits, as United States v.
Katzin, 732 F.3d 187, 210 (3d Cir. 2013), “adopted a much stricter rule” declining to apply the
good-faith exception because Knotts and Karo were distinguishable based on the lack of physical
intrusion in those cases. Aguiar, 737 F.3d at 260. However, the Third Circuit granted rehearing en banc
in Katzin, vacated its previous decision, and instead held that Knotts and Karo were indeed binding
appellate precedent under Davis.
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of Maryland dismissed the charges after the federal indictment. Id. at 330. The cause then
proceeded in federal court. Defendant then filed a motion to suppress based on Jones, which
was denied by the district court. Id.
¶ 44 The Fourth Circuit in Stephens affirmed the denial of the suppression motion. Id. at 339. In
so doing, it began by rejecting the defendant’s narrow view of the good-faith inquiry. Id. at
337. It noted that “Davis merely establishes the inapplicability of the exclusionary rule in one
specific circumstance. Davis does not, however, alter the general good-faith inquiry which, we
reiterate, requires consideration of whether a reasonably well-trained officer would have
known that a search was illegal in light of all of the circumstances.” Id. The court then stated
that in May 2011, when the search was conducted, which was before Jones, neither the
Supreme Court nor the Fourth Circuit had expressly approved or disapproved of warrantless
GPS usage. Id. It then noted that Knotts was “not exactly on point.” Id. But that it was
“ ‘widely and reasonably understood to stand for the proposition that the Fourth Amendment
simply was not implicated by electronic surveillance of public automotive movements’
[citation], and it was the ‘foundational Supreme Court precedent for GPS-related cases’
[citation].” Id. at 338. The court continued: “After Jones, we know that such an interpretation
of Knotts is incorrect. Without the benefit of hindsight, however, and with no contrary
guidance from the Supreme Court or this Court, we believe that a reasonably well-trained
officer in this Circuit could have relied upon Knotts as permitting the type of warrantless GPS
usage in this case.” Id.
¶ 45 The Stephens court found its conclusion to be undergirded by Maryland state law precedent
(see Kelly, 82 A.3d at 216) holding that Knotts was binding appellate court precedent in
Maryland under Davis, and therefore, “Maryland police officers could ‘reasonably rely on
Knotts, pre-Jones, in affixing a GPS tracking device to the vehicle of a person under their
investigation for the purpose of conducting surveillance.’ ” Stephens, 764 F.3d at 338. The
court noted that the fact that defendant was later charged federally did not alter its
determination. Id. The court then rejected the defendant’s argument that Maryland state law
was irrelevant because the investigation was federal. Id. at 338 n.13. The court further noted
that it was a joint state and federal investigation. Id. Moreover, the court observed that “ ‘in the
initial stages of a criminal investigation, it may be anything but clear whether the conduct
being investigated violates state law, federal law, or both,’ [citation] and ‘the decision with
respect to the court in which charges are to be brought is often made by the Office of the United
States Attorney and the state prosecutor, not the investigating officer,’ [citation].” Id.
¶ 46 The most recent federal court of appeals case to hold that Knotts and Karo are “binding
appellate precedent” under Davis is United States v. Katzin, 769 F.3d 163 (3d Cir. 2014)
(decided en banc on rehearing), where the court conducted an excellent and exhaustive
analysis of the issues. In Katzin, local police officers and the FBI were investigating a series of
burglaries of pharmacies in the greater Philadelphia area. Id. at 167. On December 13, 2010,
officers attached a GPS device to the undercarriage of defendant’s van while it was parked on
a public street. Two days later the van was tracked to a certain pharmacy that was burglarized
at the time defendant’s van was there. The defendant was eventually pulled over by state police
and defendant was found with items consistent with the burglary of the pharmacy. Id. at 168
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¶ 47 For the same reasons noted above, Katzin found Knotts and Karo to be binding precedent
under Davis and law enforcement’s reliance upon it to be objectively reasonable. Additionally,
Katzin rejected a narrow reading of Davis by noting the following:
“[I]f binding appellate precedent specifically authorizes the precise conduct under
consideration, then it will likely be binding appellate precedent *** under Davis.
However, this does not make the reverse syllogism true, namely, that if a case is
binding appellate precedent under Davis, then it must specifically authorize the precise
conduct under consideration. Davis’ holding is broader: ‘[e]vidence obtained during a
search conducted in reasonable reliance on binding precedent is not subject to the
exclusionary rule.’ [Citation.] While reliance is likely reasonable when the precise
conduct under consideration has been affirmatively authorized by binding appellate
precedent, it may be no less reasonable when the conduct under consideration clearly
falls well within rationale espoused in binding appellate precedent, which authorizes
nearly identical conduct.
Accordingly, what is far more important to our conclusion is that, despite these few
dissimilarities [i.e., clandestinely installing a GPS to the exterior of the van rather than
clandestinely tricking him into unwittingly taking the beeper device into his vehicle],
the agents’ nearly identical conduct fits squarely within the rationale of these
decisions.” Id. at 176.
¶ 48 Katzin then found in the alternative that even if the factual dissimilarities somehow
disqualified Knotts and Karo from being binding precedent, which could be reasonably relied
upon under Davis, the inquiry would not end there. Katzin noted that Davis was “but one
application of the good faith exception,” although undoubtedly the most analogous one. Id. at
177. Katzin further noted that “[e]ven where Davis does not control, it is our duty to consider
the totality of the circumstances to answer the objectively ascertainable question whether a
reasonably well trained officer would have known that the search was illegal.” (Internal
quotation marks omitted.) Id. It further explained that:
“Davis did not begin, nor end, with binding appellate precedent. Rather, binding
appellate precedent informed—and ultimately determined—the Supreme Court’s
greater inquiry: whether the officers’ conduct was deliberate and culpable enough that
application of the exclusionary rule would ‘yield meaningful[l] deterrence,’ and ‘be
worth the price paid by the justice system.’ [Citation.] We must conduct the same
analysis on the facts before us, even in the absence of binding appellate precedent.” Id.
at 178.
¶ 49 Katzin then reviewed the legal landscape as it existed at the time law enforcement installed
the GPS device in December 2010, which included Knotts and Karo and several out-of-circuit
decisions specifically upholding warrantless GPS installation and tracking. The court found
that “[g]iven the panoply of authority authorizing their actions, we cannot conclude that a
‘reasonably well trained officer would have known that the search was illegal,’ [citation] nor
that the agents acted with a ‘deliberate, reckless, or grossly negligent disregard for
[Appellees’] Fourth Amendment rights,’ [citation].” Id. at 184.
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¶ 50 VI. Objectively Reasonable Good-Faith Belief
¶ 51 This brings us to our second reason for holding that the exclusionary rule is inapplicable
under the circumstances. We find in the alternative, as the court did in Katzin, that, pursuant to
the Supreme Court’s general good-faith analysis, the detective’s conduct, in relying on the
legal landscape that existed at the time the search was conducted, was objectively reasonable,
and he had no reason to suspect that his conduct was wrongful under the circumstances.
Therefore, the exclusionary rule cannot be invoked here. It simply cannot be applied to a
situation where it offers little or no deterrent benefit and where there is not the least bit of
culpability that can be charged to the officer’s conduct in conducting a warrantless GPS search
in 2009.
¶ 52 As noted, “when the police act with an objectively reasonable good-faith belief that their
conduct is lawful ***, the deterrence rationale loses much of its force, and exclusion cannot
pay its way.” (Internal quotation marks omitted.) Davis, 564 U.S. at ___, 131 S. Ct. at 2427-28
(quoting Leon, 468 U.S. at 907 n.6). We have already discussed the rationale of Knotts and
Karo and how they were widely and reasonably understood to stand for the proposition that the
fourth amendment was simply not implicated by electronic surveillance of automotive
movements. Moreover, Karo’s “brushing off” and “discount[ing]” of the trespass theory
meshed logically with earlier Supreme Court decisions concluding that the physical
characteristics of an automobile and its use result in a lessened expectation of privacy.
Additionally, it must be conceded that there would have been no merit to any argument raised
prior to Jones that a physical trespass to the private property of a vehicle’s exterior would have
constituted a search. See supra ¶ 37 n.1. When all of this is combined with the fact that there
was no contrary federal circuit court or Illinois precedent in existence—but rather all of the
federal court of appeals authority was in agreement, including the Seventh Circuit, one of the
jurisdictions in which the police officers in this case operated, specifically having concluded
that warrantless installation and use of a GPS device did not violate the fourth amendment
(Garcia, 474 F.3d at 996-98; McIver, 186 F.3d at 1126-27)—then the circumstances are
overwhelmingly in favor of concluding that suppression is not warranted here.
¶ 53 Given the state of the law with which police officers were faced in 2009, there is no merit
to defendant’s intimation that the police in this case were risking that their conduct would be
held unconstitutional. To characterize the officer’s conduct in such a manner is simply not a
fair assessment in view of the legal landscape.
¶ 54 There is also no merit to the notion that the good-faith exception may never be applied in a
state prosecution where local police reasonably rely upon the legal landscape in existence but
there are no state law cases addressing the issue. “Nothing in Davis itself supports such an
interpretation.” Stephens, 764 F.3d at 337; see also Brown, 744 F.3d at 478 (questioning
whether there is any deterrence to be gained by telling police they may not “rely on decisions
issued by several circuits, just because the circuit covering the state in which an investigation is
ongoing lacks its own precedent”). And none of the Supreme Court precedent cited by the
parties supports the idea that police may not rely upon the “ ‘constitutional norm’ ” that has
been established by the legal landscape. See Katzin, 769 F.3d at 184 (quoting United States v.
Peltier, 422 U.S. 531, 542 (1975) (where the Court considered the “constitutional norm”
established by the court of appeals when determining whether an officer “had knowledge, or
[could] properly be charged with knowledge, that the search was unconstitutional under the
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Fourth Amendment”)).
¶ 55 VII. Garcia Was Binding Appellate Precedent Under Davis
¶ 56 The third major point supporting our holding is that for purposes of Davis’s good-faith
inquiry, the Seventh Circuit Court of Appeals decision in United States v. Garcia, 474 F.3d
994 (7th Cir. 2007), was “binding appellate precedent” for Illinois police officers that they
could have reasonably relied upon in 2009. In Garcia, the defendant was a convicted felon who
had served time for methamphetamine offenses. Id. at 995. Shortly after his release from
prison, police received a tip from an informant that the defendant was selling meth and wanted
to start manufacturing it again. The police located defendant’s vehicle and secretly placed a
GPS device underneath the rear bumper. Evidence was subsequently gathered as a result of the
GPS tracking that showed that defendant had resumed the manufacture of the illegal drug. Id.
at 995-96. Garcia specifically rejected the contention that the warrantless installation of the
GPS device violated the fourth amendment. Id. at 996-98. The court held that “[t]he
defendant’s contention that by attaching the *** tracking device the police seized his car is
untenable.” Id. at 996. And there is no search in the attachment either. Id. at 996-97. In so
holding, Garcia stated the following:
“But if police follow a car around, or observe its route by means of cameras mounted
on lampposts or of satellite imaging as in Google Earth, there is no search. Well, but the
tracking in this case was by satellite. Instead of transmitting images, the satellite
transmitted geophysical coordinates. The only difference is that in the imaging case
nothing touches the vehicle, while in the case at hand the tracking device does. But it is
a distinction without any practical difference.” (Emphasis in original.) Id. at 997.
Thus, Garcia specifically authorized the police practice of attaching a GPS device to a vehicle
without a warrant in the Seventh Circuit, which geographically includes Illinois.
¶ 57 Illinois law enforcement’s reliance upon Garcia fits squarely within the specific holding of
Davis, because it was “binding appellate precedent” in the absence of any contrary Illinois
state authority as far as the Aurora police detective was concerned, who stood in exactly the
same shoes as the Alabama police officer in Davis that relied upon binding Eleventh Circuit
Court of Appeals precedent when he conducted a search in the course of investigating a state
law traffic offense. Accordingly, suppression of the evidence is not warranted.
¶ 58 In Davis, local police officers in Greenville, Alabama, conducted a routine traffic stop that
resulted in the arrest of the defendant, the driver of the vehicle, for a state DUI offense. Davis,
564 U.S. at ___, 131 S. Ct. at 2425. The defendant was handcuffed by police and placed in the
back of the squad car. Id. at ___, 131 S. Ct. at 2425. Police then searched the passenger
compartment of the vehicle and found a gun in the defendant’s jacket. Id. at ___, 131 S. Ct. at
2425. Defendant was ultimately prosecuted in federal court on a firearm charge. Id. at ___, 131
S. Ct. at 2425-26.
¶ 59 Even after a defendant has stepped out of the vehicle and has been subdued by police, the
prevailing understanding among courts was that New York v. Belton, 453 U.S. 454 (1981), had
set down a bright-line rule, authorizing searches incident to arrest regardless of the location of
the arrestee at the time of the search. Davis, 564 U.S. at ___, 131 S. Ct. at 2424. The federal
district court in Davis denied the motion to suppress based on Belton. However, while the case
was pending on appeal, the Supreme Court decided Arizona v. Gant, 556 U.S. 332 (2009),
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which upset the prevailing interpretation of Belton. Before Gant, the Eleventh Circuit had been
one of many federal appeals courts to read Belton permissively so as to allow searches of the
vehicle even after the suspects were handcuffed and placed under arrest. See United States v.
Gonzalez, 71 F.3d 819, 822 (11th Cir. 1996) (allowing search pursuant to Belton where the
suspect was already arrested and handcuffed). When the Davis case reached the Supreme
Court, it consequently became necessary to resolve the question of “whether to apply the
exclusionary rule when the police *** [rely upon] binding judicial precedent.” Davis, 564 U.S.
at ___, 131 S. Ct. at 2428.
¶ 60 As noted, the Supreme Court found the Eleventh Circuit precedent in Gonzalez to be
“binding appellate precedent” for the local Alabama police officers who were conducting a
routine traffic stop and investigating a purely state traffic offense when they decided to
conduct a search in objectively reasonable reliance upon Gonzalez. 5 Davis, 564 U.S. at ___,
131 S. Ct. at 2428. As we have emphasized throughout this opinion, absolutely crucial to the
decision in Davis was the lack of police culpability. It is hard to fathom, then, how the Aurora
police officer in the present case—who could have reasonably relied upon Garcia as a case
directly on point, which was followed to “the letter”—could be considered to be in any
different position than the Alabama officers in Davis, who relied upon Gonzalez, which was
followed to the letter. There appears to be no principled basis on which to distinguish Davis
from the present case, and defendant has not offered one.
¶ 61 The only reason defendant offers for not applying the good-faith exception based on
reliance upon Garcia is that in the present case, “[t]here is no indication in the record that
police were doing anything other than investigating a state offense, and [defendant] was
ultimately charged in state court.” But that is the exact same situation as Davis, where state
police officers were investigating a state crime they had no reason to believe would be
prosecuted in federal court. As Davis itself shows, in the initial stages of a criminal
investigation, it is not clear whether the conduct being investigated will end up supporting a
violation of state law, federal law, or both. Moreover, the decision as to which court to bring
the charges, federal or state, is almost certainly never made by the investigating officer. See
Stephens, 764 F.3d at 338 n.13. Surely, the decision in Davis cannot be read to rest on the
fortuitous and conceptually irrelevant distinction that—after the search was already
undertaken and without knowing what it would produce—Davis’s weapon charge could be
prosecuted in federal court whereas the robbery charge here could not. We decline the
invitation to presume that the Supreme Court intended such an absurd result.
¶ 62 As a final matter, we address the dissent’s claim that we have made a “deeply troubling
departure” from the holding in People v. Krueger, 175 Ill. 2d 60 (1996), and People v.
Madison, 121 Ill. 2d 195 (1988), by recognizing the good-faith exception of Davis. The dissent
is clearly mistaken in its belief that Krueger and Madison are at odds with the outcome in the
present case.
¶ 63 In Krueger, this court first addressed the constitutionality of an Illinois statute that allowed
police to enter a home without first knocking and announcing their office where a warrant had
5
At the time the Alabama police officers conducted their search of the vehicle in Davis, the
Alabama Supreme Court had not specifically addressed the location of the arrestee at the time of arrest.
See Gundrum v. State, 563 So. 2d 27, 28 (Ala. Crim. App. 1990) (noting that its state supreme court had
not addressed the issue).
- 16 -
been issued pursuant to the no-knock provision contained in the statute. Specifically, the
statute allowed a no-knock entry if the occupant of the building had possessed a firearm
“within a reasonable time period.” People v. Krueger, 175 Ill. 2d at 64; 725 ILCS
5/108-8(b)(2) (West 1994). This court began by noting that the search and seizure clauses of
both the federal and state constitutions should be measured using the same standard. Krueger,
175 Ill. 2d at 65 (which held that any variance between the Supreme Court’s construction of
the fourth amendment and similar provisions in the Illinois Constitution must be based on
language in our state constitution, or the debates or committee reports of the constitutional
convention, that indicate that the provisions of our state constitution are intended to be
construed differently than the provisions of the federal constitution after which they are
patterned) (citing People v. Tisler, 103 Ill. 2d 226, 235-36 (1984)). Relying upon Wilson v.
Arkansas, 514 U.S. 927 (1995), and People v. Condon, 148 Ill. 2d 96, 101 (1992), Krueger
found that although a no-knock entry can be constitutionally permitted if exigent
circumstances are present, simple possession of firearms by the occupant without more does
not qualify. Krueger rejected the argument that it would decrease the danger to officers to
dispense with the usual requirements of knocking and announcing. Krueger, 175 Ill. 2d at
67-68. This court noted that in a situation where the occupant is not known to be violent, it
might actually increase the risk of harm to the officers when the occupant is threatened by a
completely unexpected and unannounced entry. Id. at 68-69.
¶ 64 After finding that the statutory provision in question was unconstitutional, Krueger then
turned to the question of whether the evidence seized from the defendant’s home pursuant to
the unconstitutional statute should be excluded from trial. The State urged this court to adopt
Illinois v. Krull, 480 U.S. 340 (1987), where the Supreme Court applied the good-faith
exception to the exclusionary rule in the specific instance of a police officer having relied, in
good faith, on a statute that authorized a warrantless administrative search, but the statute was
later declared unconstitutional. Krueger, 175 Ill. 2d at 70-71. Krueger recognized that Krull
was controlling as a matter of federal constitutional law, but Krueger nevertheless held that
“the exclusionary rule arising out of our state constitution (Ill. Const. 1970, art. I, § 6)
continues to afford the protection abrogated by Krull.” Id. at 73-74.
¶ 65 In departing from the lockstep doctrine of following Supreme Court decisions in fourth
amendment cases, Krueger referred to this state’s particular history with respect to the
exclusionary rule’s application to evidence obtained under an unconstitutional statute:
“[Our] exclusionary rule has always been understood to bar evidence gathered under
the authority of an unconstitutional statute (see Brocamp, 307 Ill. 448, (adopting the
reasoning in Weeks for purposes of our state exclusionary rule); Weeks, 232 U.S. at
394, 58 L. Ed. at 656, 34 S. Ct. at 345 (making it clear that the federal exclusionary rule
was intended to apply to evidence gathered by officers acting under ‘legislative ***
sanction’)), so long as that statute purported to authorize an unconstitutional search or
seizure (see Michigan v. DeFillippo, 443 U.S. 31, 61 L. Ed. 2d 343, 99 S. Ct. 2627
(1979) (recognizing a substantive-procedural distinction not at issue here; specifically
holding that the fourth amendment exclusionary rule did not apply where an ordinance
was held unconstitutional on vagueness grounds)). Consequently, to adopt Krull’s
extended good-faith exception would drastically change this state’s constitutional
law.” Id. at 74-75.
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¶ 66 From the foregoing, it is crystal clear that Krueger held only that the good-faith exception
as expressed in Krull—which dealt only with an officer’s reliance upon a statute later declared
unconstitutional—would not be recognized in Illinois for purposes of our state constitution.
Krueger therefore has no application to the present case where an officer could have
reasonably relied in objective good faith on binding appellate judicial decisions and the
constitutional norm that had been established thereby. This is further borne out by Krueger’s
heavy reliance upon Justice O’Connor’s dissenting opinion in Krull arguing that “ ‘the core
concern’ ” of the framers of the fourth amendment was the enactment of unconstitutional
statutes by the legislative branch. Id. at 72 (quoting Krull, 480 U.S. at 362-63 (O’Connor, J.,
dissenting, joined by Brennan, Marshall and Stevens, JJ.)). Krueger further noted that Justice
O’Connor found this history illustrative of the fact that the relevant state actors in
Krull—legislators—often pose a serious threat to fourth amendment values and that this
presented a clear distinction from the situation in United States v. Leon, 468 U.S. 897 (1984),
where a judicial officer issues a warrant that is not supported by probable cause. Krueger, 175
Ill. 2d at 72. We find that the same threat to fourth amendment values that was of concern in
Krueger is not present when police reasonably rely in objective good faith on judicial
precedent. Nor is there any concern here of a “grace period” giving effect to the operation of an
unconstitutional legislative act.
¶ 67 Finally, Krueger expressly reaffirmed that this court would continue to accept both the
good-faith exception as expressed in Leon and the rationale used to support it. Notably,
Krueger did not imply that it would refuse to follow any further expansion or a different
articulation of the good-faith exception made by the Supreme Court in future cases.
¶ 68 Given the actual rationale and holding of Krueger, it is no surprise that defendant did not
argue before this court that it controlled the outcome here. The dissent’s treatment of it
obviously misses the mark.
¶ 69 The same can be said for the dissent’s unsolicited reliance upon Madison. In that case, the
plain language of the statute required police to obtain a warrant before searching and seizing
evidence discovered during an administrative inspection. Madison, 121 Ill. 2d at 201. The
Madison court noted that the problem with the State’s argument for application of the
good-faith exception was that “[t]he officers were acting in defiance of, not reliance on,” the
plain words of the statute when they conducted their warrantless search and seizure. Id. at 208.
Such conduct cannot be considered objectively reasonable, and therefore the dissent’s use of
Madison to support its position is puzzling. Madison would be instructive if, in the present
case, police had defied the plain language of an existing statute or judicial ruling and
substituted their own erroneous interpretation. But that of course is not the case here. In trying
to fit a square peg into a round hole, the dissent seems to purposely ignore that the good-faith
exception has an objective reasonableness component. See Davis, 564 U.S. at___, 131 S. Ct. at
2423-24 (“searches conducted in objectively reasonable reliance on binding appellate
precedent are not subject to the exclusionary rule”); see also Katzin, 769 F.3d at 176 (reliance
is reasonable “when the conduct under consideration clearly falls within rationale espoused in
binding appellate precedent, which authorizes nearly identical conduct”).
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¶ 70 CONCLUSION
¶ 71 We hold that the good-faith exception applies and that the evidence obtained against
defendant should not be excluded. We find Knotts, Karo and Garcia to be “binding appellate
precedent” within the meaning of Davis and that Aurora police could have reasonably relied
upon such precedent in placing and using the GPS device in 2009. In the alternative, we further
find that it would have been objectively reasonable for police to rely upon the legal landscape
and the constitutional norm that had been established at the time of the search that allowed
warrantless attachment and use of GPS technology. In so doing, we conclude that there was a
complete lack of police culpability in this case and that there would be little or no deterrent
value to suppressing the evidence. At the same time, the cost to society of letting a clearly
guilty repeat offender go free is too great and the exclusionary rule cannot pay its way in this
case. Finally, we caution that after Jones law enforcement should beware of its holding and
how it relates to GPS attachment and monitoring.
¶ 72 For the foregoing reasons, we affirm the appellate court’s remand for a new trial because of
the Rule 401(a) violation. However, we reverse the portion of the appellate court’s judgment
that vacated the trial court’s order denying defendant’s motion to quash arrest and suppress
evidence. We also reverse the portion of the appellate court’s judgment that remanded the
cause for further proceedings on defendant’s motion.
¶ 73 Appellate court affirmed in part and reversed in part.
¶ 74 Circuit court affirmed in part and reversed in part.
¶ 75 Cause remanded.
¶ 76 JUSTICE BURKE, dissenting:
¶ 77 In a deeply troubling departure from this court’s constitutional precedent, the majority now
recognizes for purposes of our state exclusionary rule the “good-faith” exception to the federal
exclusionary rule set forth by the United States Supreme Court in Davis v. United States, 564
U.S. ___, 131 S. Ct. 2419 (2011). Under Davis, when, in good faith, the police conduct an
unconstitutional search based on their objectively reasonable reliance on “binding appellate
precedent” which is later overruled, evidence resulting from the search is not subject to the
federal exclusionary rule. Id. at ___, 131 S. Ct. at 2423-24. Applying Davis to the facts before
this court, the majority holds that the good-faith exception applies because binding appellate
precedent at the time of the search authorized the warrantless installation of a GPS device on
the vehicle driven by defendant. Alternatively, the majority holds that the evidence obtained
from the GPS device is not subject to suppression because the police reasonably relied upon
persuasive, nonbinding precedent from other jurisdictions. In applying the good-faith
exception, the majority unfortunately chooses not to resolve the issue at the heart of this
case—the constitutionality of warrantless GPS tracking of a suspect by the police.
¶ 78 I disagree with the decision reached by the majority in several respects. First, the
majority’s extension of the good-faith exception in Davis to our state exclusionary rule is
directly at odds with People v. Krueger, 175 Ill. 2d 60 (1996), where we refused to recognize a
good-faith exception for searches conducted in objectively reasonable reliance on a statute
which is later held to be unconstitutional. In Krueger, we held that the good-faith exception
was incompatible with the exclusionary rule arising out of our state constitution. We
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interpreted our exclusionary rule as providing greater protection of a citizen’s right to be free
from unconstitutional searches and seizures than the federal exclusionary rule. Id. at 73-76. For
reasons similar to those set forth in Krueger, I would decline the State’s request to recognize
the Davis good-faith exception for searches conducted in reasonable reliance on binding
appellate precedent.
¶ 79 The majority’s alternative holding, based on a broad reading of dicta in Davis, amply
demonstrates why this court should reject Davis as contrary to the Illinois exclusionary rule.
The majority goes well beyond the holding in Davis and finds that the good-faith exception
applies to searches conducted in the absence of any binding precedent where the police
reasonably rely on the prevailing “legal landscape.” The majority also invites the lower courts
to conduct a general “good-faith inquiry” which is not limited to the specific circumstances in
Davis or any other Supreme Court case. By reading into Davis a much broader good-faith
exception than the one delineated in the Court’s holding, the majority affords less protection to
the rights of Illinois citizens to be free from unconstitutional searches and seizures than
intended by the Supreme Court. The result will be the erosion, and possible destruction, of the
exclusionary rule in this state.
¶ 80 Lastly, I disagree with the majority that, at the time the police officers installed the GPS
device and used it to monitor the vehicle’s movements, there was any relevant, binding
authority which could have authorized their conduct. The case law cited by the majority is
either inapposite or was not binding on Illinois state courts. For these reasons, I respectfully
dissent.
¶ 81 BACKGROUND
¶ 82 In 2009, the Aurora police covertly installed a GPS device on a vehicle defendant was
known to drive for the purpose of tracking defendant’s movements in the vehicle. The police
did not obtain a warrant prior to installing the GPS device. Location data from the GPS device
was used to connect defendant to a gas station robbery which took place approximately 24
hours after the device was installed. Defendant was subsequently arrested and charged with
aggravated robbery, robbery, and burglary. His motion to quash arrest and suppress the
evidence gleaned from the GPS tracker was denied, and he was convicted of all charges.
¶ 83 While defendant’s appeal was pending in the appellate court, the United States Supreme
Court decided United States v. Jones, 565 U.S. ___, 132 S. Ct. 945 (2012). The Jones Court
held that the government’s installation of a GPS device on a suspect’s vehicle, and its use of
the device to monitor the vehicle’s movements, constitutes a search under the fourth
amendment (U.S. Const., amend. IV). Jones, 565 U.S. at ___, 132 S. Ct. at 949. Taking Jones
into consideration, the appellate court below held that a fourth amendment search took place
when the police attached the GPS device to the vehicle and used it to track defendant’s
movements. 2013 IL App (2d) 100659, ¶ 13. Accordingly, the appellate court vacated the trial
court’s order denying defendant’s motion to quash arrest and suppress evidence. The court
then remanded the matter for a new suppression hearing to determine whether defendant had a
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sufficient possessory interest in the vehicle to raise a constitutional claim under Jones. Id.
¶ 29. 6
¶ 84 Addressing the State’s appeal of that judgment, the majority now declines to consider
whether defendant had a sufficient possessory interest in the vehicle to challenge the search
under Jones, or even whether an unconstitutional search took place in the first instance. Supra
¶ 18. Instead, the majority finds that the good-faith exception in Davis applies because the
police installed the GPS device in objectively reasonable reliance on the “legal landscape” in
existence at that time, or, alternatively, on binding appellate precedent authorizing the
installation. Supra ¶ 31. The majority thus finds that defendant is not entitled to a new
suppression hearing because, even if an unconstitutional search took place, any evidence
resulting from the search would be admitted upon retrial.
¶ 85 ANALYSIS
¶ 86 I. The Davis Good-Faith Exception Is Incompatible
With Our State Exclusionary Rule
¶ 87 The United States Supreme Court first recognized a limited “good-faith” exception to the
federal exclusionary rule in United States v. Leon, 468 U.S. 897 (1984). In Leon, the Supreme
Court held that the fourth amendment exclusionary rule does not bar evidence obtained by a
police officer who reasonably relies, in objective good faith, on a search warrant issued by a
neutral and detached magistrate, but which is later found to be unsupported by probable cause.
Id. at 919-22. The Court reasoned that application of the exclusionary rule in this situation
would not serve the primary purpose of the rule, which is to deter future police misconduct. Id.
at 918-21. This court recognized the Leon good-faith exception for purposes of the state
exclusionary rule in People v. Stewart, 104 Ill. 2d 463, 477 (1984); see also People v. Turnage,
162 Ill. 2d 299 (1994) (applying Leon).
¶ 88 The Supreme Court extended Leon to a warrantless search for the first time in Illinois v.
Krull, 480 U.S. 340 (1987). Krull held that the federal exclusionary rule does not bar evidence
seized by a police officer who reasonably relies, in objective good faith, on a statute
authorizing a warrantless administrative search, where the statute is later held to be
unconstitutional. Id. at 349-50. In People v. Krueger, 175 Ill. 2d 60 (1996), however, this court
declined to recognize Krull’s expansion of the Leon good-faith exception as a matter of state
constitutional law.
¶ 89 In Krueger, police officers executed a search warrant issued pursuant to a “no-knock”
statute (725 ILCS 5/108-8(b) (West 1994)), which this court held was unconstitutional under
both the fourth amendment and article I, section 6, of the Illinois Constitution of 1970.
Krueger, 175 Ill. 2d at 69-70. The State argued that we should reverse the circuit court’s
suppression order pursuant to the Krull good-faith exception. We rejected the State’s
argument, holding that the exclusionary rule arising from article I, section 6, provides greater
protection from unconstitutional searches and seizures than the federal exclusionary rule. Id. at
73-74. We observed that this court has the authority to interpret state constitutional provisions
6
The appellate court also reversed defendant’s convictions and remanded the matter for a new trial
based on improper Illinois Supreme Court Rule 401(a) admonishments. The majority affirms this part
of the appellate court’s judgment.
- 21 -
more broadly than the Supreme Court interprets similar provisions of the federal constitution.
Id. at 74 (citing People v. Perry, 147 Ill. 2d 430, 436 (1992)). We also noted that the
exclusionary rule is a judicially created remedy with a long history in Illinois, traced back to
People v. Brocamp, 307 Ill. 448 (1923). In Brocamp, this court adopted an independent state
exclusionary rule almost 40 years before Mapp v. Ohio, 367 U.S. 643 (1961), made the federal
exclusionary rule applicable to the states. Krueger, 175 Ill. 2d at 74-75. See also Illinois v.
Gates, 462 U.S. 213, 221-22 (1983); id. at 251 (White, J., concurring) (a state court may rest a
decision to modify its state exclusionary rule on adequate and independent state grounds).
¶ 90 In rejecting Krull as a matter of state law, we balanced the legitimate aims of law
enforcement against the right of our citizens to be free from unreasonable governmental
intrusion. We found that the citizens’ rights prevailed, holding:
“[w]e are not willing to recognize an exception to our state exclusionary rule that will
provide a grace period for unconstitutional search and seizure legislation, during which
time our citizens’ prized constitutional rights can be violated with impunity. We are
particularly disturbed by the fact that such a grace period could last for several years
and affect large numbers of people. This is simply too high a price for our citizens to
pay. We therefore conclude that article I, section 6, of the Illinois Constitution of 1970
prohibits the application of Krull’s extended good-faith exception to our state
exclusionary rule.” Krueger, 175 Ill. 2d at 75-76.
¶ 91 Our decision in Krueger relied on the reasoning set forth in Justice O’Connor’s dissent in
Krull. See id. at 72-73. Justice O’Connor criticized the Krull majority’s extension of the Leon
good-faith exception, arguing that this newly created exception was not supported by the
rationale in Leon. Id. at 72 (citing Krull, 480 U.S. at 361 (O’Connor, J., dissenting, joined by
Brennan, Marshall and Stevens, JJ.)). First, she observed that, in contrast to a search authorized
by a facially valid warrant later found to be defective, there was a “ ‘powerful historical basis
for the exclusion of evidence gathered pursuant to a search authorized by an unconstitutional
statute.’ ” Id. (quoting Krull, 480 U.S. at 362 (O’Connor, J., dissenting, joined by Brennan,
Marshall and Stevens, JJ.)). Second, Justice O’Connor argued that legislators were much more
likely to pose a threat to fourth amendment protections than a neutral magistrate issuing a
search warrant in a specific case. She noted:
“ ‘Judicial authorization of a particular search does not threaten the liberty of everyone,
but rather authorizes a single search under particular circumstances. The legislative act,
on the other hand, sweeps broadly, authorizing whole classes of searches, without any
particularized showing. A judicial officer’s unreasonable authorization of a search
affects one person at a time; a legislature’s unreasonable authorization of searches may
affect thousands or millions and will almost always affect more than one. Certainly the
latter poses a greater threat to liberty.’ ” Id. at 72-73 (quoting Krull, 480 U.S. at 365
(O’Connor, J., dissenting, joined by Brennan, Marshall and Stevens, JJ.)).
¶ 92 Moreover, Justice O’Connor observed that the majority’s decision was at odds with the
retroactivity principles in Griffith v. Kentucky, 479 U.S. 314 (1987), which held that “ ‘basic
norms of constitutional adjudication’ and fairness to similarly situated defendants” required
that opinions announcing new constitutional rules in criminal cases apply to all cases pending
on direct review at the time the new rule is declared. Krull, 480 U.S. at 368 (O’Connor, J.,
dissenting, joined by Brennan, Marshall and Stevens, JJ.) (quoting Griffith, 479 U.S. at 322).
- 22 -
Justice O’Connor pointed out that, under the novel approach taken by the Krull majority, “ ‘no
effective remedy is to be provided in the very case in which the statute at issue was held
unconstitutional.’ ” Krueger, 175 Ill. 2d at 73 (citing Krull, 480 U.S. at 368 (O’Connor, J.,
dissenting, joined by Brennan, Marshall and Stevens, JJ.)). As Justice O’Connor noted, “the
lack of a remedy leaves no incentive for the aggrieved defendant to challenge the statute as
unconstitutional.” Id. (citing Krull, 480 U.S. at 369 (O’Connor, J., dissenting, joined by
Brennan, Marshall and Stevens, JJ.)).
¶ 93 The same flaws identified by this court in Krueger with respect to the Krull good-faith
exception are inherent in the good-faith exception for police searches “conducted in
objectively reasonable reliance on binding appellate precedent” (Davis, 564 U.S. at ___, 131 S.
Ct. at 2423-24), applied by the majority in the case at bar. Under both good-faith exceptions,
the police are said to have reasonably relied on existing authority (an authorizing statute in
Krull; binding appellate authority in Davis), which is later found to be unconstitutional or
overruled by subsequent case law. In both situations, there is a “grace period,” which could last
several years, during which the state is free to perform unconstitutional searches and seizures
with impunity. See Krueger, 175 Ill. 2d at 75; Krull, 480 U.S. at 361 (O’Connor, J., dissenting,
joined by Brennan, Marshall and Stevens, JJ.). Just as in Krull, the Davis good-faith exception
has the potential to affect thousands of people by authorizing a whole class of searches, in
contrast to a single search authorized by a defective search warrant. See Krueger, 175 Ill. 2d at
72-73; Krull, 480 U.S. at 365 (O’Connor, J., dissenting, joined by Brennan, Marshall and
Stevens, JJ.). Moreover, under both Krull and Davis, the lack of a remedy leaves no incentive
for a defendant to challenge a statute as unconstitutional or to seek to overturn case law
authorizing an unconstitutional search. See Krueger, 175 Ill. 2d at 73; Krull, 480 U.S. at 368
(O’Connor, J., dissenting, joined by Brennan, Marshall and Stevens, JJ.); see also Davis, 564
U.S. at ___, 131 S. Ct. at 2438 (Breyer, J., dissenting, joined by Ginsburg, J.) (criticizing the
Davis majority for adopting a good-faith exception at odds with retroactivity principles and
arguing that a defendant has little incentive to challenge court precedent). Finally, unlike Leon,
which “simply instructs courts that police officers may rely upon a facially valid search
warrant,” the good-faith exceptions in Krull and Davis are difficult for courts to administer
because it is “not apparent how much constitutional law the reasonable officer is expected to
know.” Krull, 480 U.S. at 366-67 (O’Connor, J., dissenting, joined by Brennan, Marshall and
Stevens, JJ.); see also Davis, 564 U.S. at ___, 131 S. Ct. at 2437 (Breyer, J., dissenting, joined
by Ginsburg, J.) (application of the Davis good-faith exception will result in “complex legal
argument and police force confusion”).
¶ 94 This court noted in Krueger that Krull had been severely criticized by fourth amendment
scholars. See Krueger, 175 Ill. 2d at 76 (citing 1 Wayne R. LaFave, Search and Seizure
§ 1.3(h), at 96-99 (3d ed. 1996)). Davis also has received sharp criticism from legal scholars
for its potential to erode, or even nullify, the federal exclusionary rule. See 1 Wayne R.
LaFave, Search and Seizure § 1.3(h), at 132-46 (5th ed. 2012); George M. Dery III, “This
Bitter Pill”: The Supreme Court’s Distaste for the Exclusionary Rule in Davis v. United States
Makes Evidence Suppression Impossible to Swallow, 23 Geo. Mason U. Civ. Rts. L.J. 1, 19-23
(2012); James J. Tomkovicz, Davis v. United States: The Exclusion Revolution Continues, 9
Ohio St. J. Crim. L. 381, 400-02 (2011); David A. Moran, Hanging on by a Thread: The
Exclusionary Rule (or What’s Left of It) Lives for Another Day, 9 Ohio St. J. Crim. L. 363,
375-80 (2011). Several state courts already have rejected Davis on state law grounds. See, e.g.,
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Brown v. State, 767 S.E.2d 299, 302-03 (Ga. Ct. App. 2014); State v. Anderson, 445 S.W.3d
895, 912 (Tex. App. 2014); State v. Koivu, 272 P.3d 483, 518-19 (Idaho 2012).
¶ 95 The majority’s recognition of the Davis good-faith exception in this case is totally at odds
with Krueger, where this court held that our state exclusionary rule provides greater protection
of our citizens’ constitutional rights than the federal exclusionary rule. I cannot see a way to
reconcile today’s decision with Krueger. I would find that Krueger precludes this court from
adopting the Davis good-faith exception for purposes of our state exclusionary rule, and thus,
that defendant is entitled to a new suppression hearing.
¶ 96 II. The Majority’s “Good-Faith Inquiry” and “Legal Landscape”
Theories Are Not Supported by the Narrow Holding in Davis
¶ 97 Even if I agreed that the Davis good-faith exception should be extended to the exclusionary
rule arising out of article I, section 6, of the Illinois Constitution, I could not sign on to the
majority’s alternative holding in this case. The majority finds that the good-faith exception in
Davis is not limited to “objectively reasonable reliance on binding appellate precedent.” See
Davis, 564 U.S. at ___, 131 S. Ct. at 2423-24. According to the majority, in the absence of any
binding precedent authorizing the actions of the police:
“[i]t would still be necessary to conduct the ‘good-faith inquiry’ and consider ‘whether
a reasonably well trained officer would have known that the search was illegal in light
of all of the circumstances.’ [Citation.] Clearly, application of the good-faith inquiry is
not limited to the specific circumstances addressed by the Supreme Court in Davis or in
any other Supreme Court case. [Citation.] The Supreme Court has found the
exclusionary rule to be inapplicable in a variety of settings after undertaking the
good-faith analysis, and the fact that a court might apply the good-faith exception in a
new context not yet addressed by the Supreme Court does not mean that it is creating a
‘new, freestanding exception’ to the exclusionary rule. [Citations.]
***
*** [W]e find in the alternative that, pursuant to the Supreme Court’s general
good-faith analysis, the police conduct in relying on the legal landscape that existed at
the time was objectively reasonable and a reasonable officer had no reason to suspect
that his conduct was wrongful under the circumstances.” Supra ¶ 29.
¶ 98 I disagree with both aspects of the majority’s alternative holding: (1) that the Supreme
Court’s good-faith decisions contemplate a general “good-faith inquiry” not limited to the
specific circumstances in those decisions; and (2) that, in the absence of binding appellate
precedent, the good-faith exception applies to a search conducted in objectively reasonable
reliance on the existing “legal landscape.”
¶ 99 First, the authority the majority cites for the proposition that the “good-faith inquiry” is not
limited to the specific circumstances in Davis, or in any other Supreme Court case, is a
decision of the United States Court of Appeals for the Fourth Circuit (United States v.
Stephens, 764 F.3d 327, 338 (4th Cir. 2014)), which, obviously, is not binding on this court.
See In re May 1991 Will County Grand Jury, 152 Ill. 2d 381, 398 (1992). I do not find the
reasoning in that case to be persuasive. The Supreme Court has, thus far, taken great care to
limit application of the good-faith exception to specific, atypical searches involving reasonable
reliance by the police. See United States v. Leon, 468 U.S. 897 (1984) (later-invalidated
- 24 -
warrant); Illinois v. Krull, 480 U.S. 340 (1987) (subsequently overturned statute); Arizona v.
Evans, 514 U.S. 1 (1995) (error in court-maintained database); Herring v. United States, 555
U.S. 135 (2009) (error in police-maintained database); Davis v. United States, 564 U.S. ___,
131 S. Ct. 2419 (2011) (later-reversed binding appellate precedent). In my view, these
decisions should be read narrowly and their holdings limited to the particular factual scenarios
before the Court. Warrantless searches generally are considered per se unreasonable unless
they fall within “ ‘a few specifically established and well-delineated exceptions.’ ” People v.
Galvin, 127 Ill. 2d 153, 169-70 (1989) (quoting Katz v. United States, 389 U.S. 347, 357
(1967)). The majority’s adoption of a “general good-faith analysis” (supra ¶ 31) under which
evidence resulting from an unconstitutional search will be admitted in the absence of gross
negligence by the police, regrettably turns the exception into the rule. See United States v.
Katzin, 769 F.3d 163, 189-90 (3d Cir. 2014) (en banc) (Greenaway, J., dissenting, joined by
McKee, C.J., and Ambro, Fuentes, and Smith, JJ.).
¶ 100 Under the majority’s reasoning, police officers are authorized to conduct warrantless
searches based solely on their own good judgment about the existence of probable cause, and,
if they are wrong, the evidence will almost never be suppressed. The alarming scope of the
majority’s alternative holding is exactly why this court rejected the Krull good-faith exception
in Krueger. We feared that the good-faith exception would weaken our state exclusionary rule
by leaving citizens without a remedy for constitutionally invalid searches and seizures. The
dissenters in Davis echoed this concern with respect to the federal exclusionary rule.
“[A]n officer who conducts a search that he believes complies with the Constitution but
which, it ultimately turns out, falls just outside the Fourth Amendment’s bounds is no
more culpable than an officer who follows erroneous ‘binding precedent.’ Nor is an
officer more culpable where circuit precedent is simply suggestive rather than
‘binding,’ where it only describes how to treat roughly analogous instances, or where it
just does not exist. Thus, if the Court means what it now says, if it would place
determinative weight upon the culpability of an individual officer’s conduct, and if it
would apply the exclusionary rule only where a Fourth Amendment violation was
‘deliberate, reckless, or grossly negligent,’ then the ‘good faith exception’ will swallow
the exclusionary rule. ***
Any such change (which may already be underway) would affect not ‘an
exceedingly small set of cases,’ [citation] but a very large number of cases, potentially
many thousands each year. [Citation.] And since the exclusionary rule is often the only
sanction available for a Fourth Amendment violation, the Fourth Amendment would
no longer protect ordinary Americans from ‘unreasonable searches and seizures.’
[Citations.] It would become a watered-down Fourth Amendment, offering its
protection against only those searches and seizures that are egregiously unreasonable.”
(Emphasis in original.) Davis, 564 U.S. at ___, 131 S. Ct. at 2438-40 (Breyer, J.,
dissenting, joined by Ginsburg, J.).
¶ 101 The majority’s expansion of the Davis good-faith exception also runs afoul of this court’s
holding in People v. Madison, 121 Ill. 2d 195 (1988), abrogated on other grounds by Horton v.
California, 496 U.S. 128 (1990). In Madison, 121 Ill. 2d at 207-08, police officers conducted a
warrantless inspection of a salvage yard pursuant to an authorizing provision in the Illinois
Vehicle Code (Ill. Rev. Stat. 1983, ch. 95½, ¶ 5-403). The officers then seized 26 incomplete
- 25 -
certificates of vehicle title without first obtaining a search warrant, despite statutory language
stating that a warrant was required. The owner of the salvage yard was charged with possession
of the incomplete titles. At trial, the defendant’s motion to suppress the evidence was granted,
and the case was dismissed. The appellate court affirmed. This court affirmed the lower courts.
Madison, 121 Ill. 2d at 211. We first held that the plain language of section 5-403 of the
Vehicle Code required police officers to obtain a warrant before seizing evidence in the course
of a valid administrative search. Id. at 200-06. Because the officers seized the titles without a
warrant, the evidence was illegally obtained and subject to suppression. The State next argued
that the evidence, even if illegally obtained, was not subject to the exclusionary rule because
the officers relied, in good faith, on their own interpretation of the statute. We rejected the
State’s invitation to extend the good-faith exceptions in Leon and Krull to these circumstances.
We said that the officers were acting in defiance of, not reliance on, the language in the
authorizing statute. Id. at 208. Moreover, we held:
“to adopt the extension of the good-faith exception proposed by the State would
essentially eviscerate the exclusionary rule as it is currently enforced. Police officers
would be encouraged to defy the plain language of statutes as written in favor of their
own interpretations in conducting searches and seizures. Such a proposal, giving the
police unlimited authority to conduct searches and seizures until specifically restricted
by the legislature or the courts, is fundamentally at odds with the central purpose of
deterring police misconduct which underlies the exclusionary rule.” Id.
¶ 102 Thus, this court in Madison expressly refused to recognize an extension of the good-faith
exception, reasoning that such an extension would eviscerate our state exclusionary rule by
encouraging police officers to rely on their own interpretations of statutes rather than seek to
obtain a warrant. In contravention of what we said in Madison, the majority now recognizes a
general exception to the exclusionary rule, whereby an officer’s interpretation of a statute or
case law, if made in “good faith,” would prevent the exclusion of evidence. Today’s decision is
a radical departure from our settled case law in both Krueger and Madison, which the majority
does not reconcile.
¶ 103 Under the second part of the majority’s alternative holding, the majority rules that, in the
absence of binding appellate precedent authorizing a search, Davis allows a good-faith
exception for searches conducted in reasonable reliance on the “legal landscape” that existed at
the time the search was conducted. Supra ¶¶ 31, 51. The majority identifies only two cases
decided prior to April 23, 2009, which might have justified the officers’ actions at the time of
the search. See supra ¶ 52 (citing United States v. Garcia, 474 F.3d 994, 996-98 (7th Cir.
2007), and United States v. McIver, 186 F.3d 1119, 1126-27 (9th Cir. 1999)). These two
nonbinding decisions were, in the majority’s view, sufficient to comprise the prevailing “legal
landscape” upon which the police could have reasonably relied in conducting their warrantless
search. 7
7
The majority states that the Supreme Court’s “beeper” cases, United States v. Knotts, 460 U.S. 276
(1983), and United States v. Karo, 468 U.S. 705 (1984), were “widely and reasonably understood to
stand for the proposition that the fourth amendment was simply not implicated by electronic
surveillance of automotive movements.” Supra ¶ 52. However, most of the federal court opinions
referenced by the majority were decided after the search in this case took place, and, thus, could not
have been relied upon by the Aurora police.
- 26 -
¶ 104 The majority’s “legal landscape” theory is directly at odds with Davis, which contains
multiple, repeated references to the officers’ reasonable reliance on “binding” precedent.
Davis recognized a narrow exception, whereby “searches conducted in objectively reasonable
reliance on binding appellate precedent are not subject to the exclusionary rule.” Davis, 564
U.S. at ___, 131 S. Ct. at 2423-24. The Court found that the officers’ search of the defendant
incident to his arrest “followed the Eleventh Circuit’s Gonzalez precedent to the letter.” Id. at
___, 131 S. Ct. at 2428. The Court emphasized that the officers strictly complied with
“then-binding Circuit law” and “scrupulously adhered to governing law” in the Eleventh
Circuit. Id. at ___, ___, 131 S. Ct. at 2428, 2434. Furthermore, in the course of explaining that
its acceptance of a good-faith exception would not deter defendants from challenging existing
fourth amendment doctrine in future cases, the Court noted that “defendants in jurisdictions in
which the question remains open will still have an undiminished incentive to litigate the issue.”
(Emphasis added.) Id. at ___, 131 S. Ct. at 2433. See also Davis, 564 U.S. at ___, 131 S. Ct. at
2435 (Sotomayor, J., concurring in the judgment) (noting that “[t]his case does not present the
markedly different question whether the exclusionary rule applies when the law governing the
constitutionality of a particular search is unsettled”). Davis thus recognized that its holding
was limited to jurisdictions which clearly authorized the officers’ conduct.
¶ 105 The majority’s alternative holding is an alarming and unwarranted expansion of the
carefully circumscribed good-faith exception in Davis. There are no references in Davis to
“generally accepted authority,” “legal landscape,” or persuasive or well-reasoned precedent.
See United States v. Ortiz, 878 F. Supp. 2d 515, 539-40 (E.D. Pa. 2012). See also United States
v. Martin, 712 F.3d 1080, 1081-82 (7th Cir. 2013) (per curiam) (where there was no binding
appellate precedent in the Eighth Circuit at the time that Iowa law enforcement officers
attached a GPS device to the defendant’s car, the court declined to expand Davis to allow
police to rely on “a diffuse notion of the weight of authority around the country”).
Accordingly, the majority’s holding that the Davis good-faith exception applies based on the
officers’ objectively reasonable reliance on the “legal landscape” is a deliberate misreading of
Davis.
¶ 106 The majority’s alternative holding is troubling for the additional reason that it signifies this
court’s abandonment of its duty to decide constitutional issues and shifts such decisionmaking
to the police. Based on its application of the Davis good-faith exception, the majority declines
to consider the important constitutional issues raised in this appeal. At the time of the search in
this case, there was no binding precedent in Illinois with respect to warrantless, surreptitious
GPS installation and monitoring. And because the majority refuses to address the
constitutionality of GPS surveillance, there still is none. I fear that the majority’s expansion of
the good-faith doctrine will inevitably lead to the avoidance of meaningful analysis of the
constitutionality of searches and seizures, particularly those involving new technology.
¶ 107 III. Knotts, Karo, and Garcia Were Not “Binding”
Authority Under Davis
¶ 108 My final point of disagreement is with the majority’s application of the Davis good-faith
exception to the police officers’ objectively reasonable reliance on United States v. Knotts, 460
U.S. 276 (1983), United States v. Karo, 468 U.S. 705 (1984), and United States v. Garcia, 474
- 27 -
F.3d 994 (7th Cir. 2007). None of these cases constitutes “binding” precedent within the
meaning of Davis.
¶ 109 Knotts held that the use of a covert beeper device to monitor a vehicle’s movements during
a single journey did not amount to a search because “[a] person traveling in an automobile on
public thoroughfares has no reasonable expectation of privacy in his movements from one
place to another.” Knotts, 460 U.S. at 281-82, 285. The beeper was placed in a chloroform
container with the consent of the container’s owner before being transferred to the defendant.
Id. at 278. The Court expressly left open the question of whether the warrantless installation of
the device converted the subsequent tracking into a search. Id. at 279 n.*. See also id. at 286
(Brennan, J., concurring in the judgment, joined by Marshall, J.) (“I think this would have been
a much more difficult case if respondent had challenged, not merely certain aspects of the
monitoring of the beeper ***, but also its original installation.”). Thus, Knotts did not
“specifically authorize[ ]” the “particular police practice” (emphasis omitted) (Davis, 564 U.S.
at ___, 131 S. Ct. at 2429) in this case—the installation of the GPS device on the Kia, and
officers could not have reasonably relied on Knotts in their decision to install the device
without a warrant.
¶ 110 Karo addressed the government’s placement of a beeper device in a container of ether,
which was sold to the respondents by a government informant and used to monitor them
without respondents’ knowledge. The Court held that the respondents had no legitimate
expectation of privacy in the container because, at the time of the beeper’s placement, the
respondents did not own the container. Karo, 468 U.S. at 711. Because the container’s owner
consented to the beeper placement, the actual installation of the beeper violated no one’s fourth
amendment rights. Id. The Court went on to hold that the transfer of the beeper-laden can to the
respondents did not constitute a search because it conveyed no information that respondents
wished to keep private and, thus, infringed no privacy interests. Id. at 712. Nor did the transfer
constitute a seizure, because there was no “meaningful interference with an individual’s
possessory interests” in the property. (Internal quotation marks omitted.) Id. As in Knotts, the
Karo Court “did not consider a scenario in which the government installs a tracking device on
property that already belongs to the defendant.” United States v. Sparks, 711 F.3d 58, 65 n.4
(1st Cir. 2013).
¶ 111 Neither Knotts nor Karo stands for the proposition that the warrantless installation of a
tracking device onto a privately owned vehicle without the owner’s consent is lawful under the
fourth amendment. Therefore, the police in this case could not have reasonably relied on either
of these cases to conclude that the nonconsensual installation of the GPS device was
constitutionally authorized. Significantly, United States v. Jones, 565 U.S. ___, 132 S. Ct. 945
(2012), in which the Court found that installation of a GPS device was a search, did not
overrule either Knotts or Karo but distinguished them on the basis that neither case involved
the nonconsensual installation of a tracking device onto private property. In other words, the
Supreme Court expressly rejected the reading of those cases which the majority adopts here.
See id. at ___, 132 S. Ct. at 951-52 (holding that a trespassory installation of a tracking device
was not at issue in Knotts because the beeper was placed in the container with the consent of
the then-owner, and Knotts did not challenge that installation); id. at ___, 132 S. Ct. at 952
(holding that the installation of the beeper in Karo was with the consent of the original owner;
moreover, because “Karo accepted the container as it came to him, beeper and all, [he] was
therefore not entitled to object to the beeper’s presence. [Citation.] Jones, who possessed the
- 28 -
Jeep at the time the Government trespassorily inserted the information-gathering device, is on
much different footing.”)
¶ 112 The fact that the Jones Court distinguished Knotts and Karo, but did not overrule them,
takes this case out of the Davis good-faith exception. In Davis, the police officers’ search
followed binding circuit precedent “to the letter,” and, although that precedent was later
overturned, the officers’ conduct at the time of the search “was in strict compliance with
then-binding Circuit law and was not culpable in any way.” Davis, 564 U.S. at ___, 131 S. Ct.
at 2428. The complete absence of police culpability or deliberate misconduct “doom[ed]
Davis’s claim” because exclusion of the evidence would not yield any meaningful deterrence.
Id. at ___, 131 S. Ct. at 2428-29. Under the Court’s reasoning, where binding appellate
authority “specifically authorizes a particular police practice” (emphasis in original) (id. at
___, 131 S. Ct. at 2429), exclusion of the evidence does not serve the purpose of deterring
unconstitutional police conduct because the sole responsibility for the fourth amendment
violation lies with the appellate judiciary and not with the police. When the police conduct a
search in reliance on precedent that does not specifically authorize the particular practice,
however, the exclusionary rule does provide meaningful deterrence. It deters law enforcement
officers from taking the fourth amendment inquiry into their own hands by extrapolating from,
or analogizing to, existing case law, instead of seeking a warrant from a neutral magistrate. See
United States v. Katzin, 769 F.3d 163, 191-92 (3d Cir. 2014) (en banc) (Greenaway, J.,
dissenting, joined by McKee, C.J., and Ambro, Fuentes, and Smith, JJ.). The exclusionary rule
also encourages law enforcement officials to “err on the side of constitutional behavior” in the
face of unsettled or equivocal fourth amendment law. See Davis, 564 U.S. at ___, 131 S. Ct. at
2435 (Sotomayor, J., concurring in the judgment); State v. Mitchell, 323 P.3d 69, ¶ 31 (Ariz.
Ct. App. 2014). “[T]he Davis requirement of ‘binding appellate precedent’ means that
government agents should not be and need not be vested with discretion in predicting or
anticipating how the law will develop and how it should be applied. *** The solution is simple:
the import of Davis is that officers acting without clearly applicable binding appellate guidance
should err on the side of caution and obtain a warrant.” United States v. Ortiz, 878 F. Supp. 2d
515, 542 (E.D. Pa. 2012).
¶ 113 In contrast to Davis, where binding precedent explicitly authorized the officers’ actions
and the officers were not culpable in any way because they followed the Eleventh Circuit
precedent “to the letter” (Davis, 564 U.S. at ___, ___, 131 S. Ct. at 2428, 2429), here there was
no binding precedent which specifically authorized the police officers’ conduct. See, e.g., id. at
___, 131 S. Ct. at 2437 (Breyer, J. dissenting, joined by Ginsburg, J.) (Davis did not address
officers’ reliance on a decision with “clearly distinguishable” or “highly analogous” facts);
United States v. Sparks, 711 F.3d 58, 64 (1st Cir. 2013) (Davis good-faith exception applies
only to precedent that is “clear and well-settled”). Thus, there is no basis for holding that the
police reasonably relied on Knotts or Karo as authorization for their installation of the GPS
device without first obtaining a warrant or permission from the vehicle’s owner.
¶ 114 The majority also holds that Davis applies because the Aurora police acted in objectively
reasonable reliance on the Seventh Circuit’s decision in United States v. Garcia, 474 F.3d 994
(7th Cir. 2007). Garcia held that the warrantless installation of a GPS tracking device on a
vehicle in order to obtain information about a suspect’s movements in the vehicle was not a
fourth amendment “search.” Id. at 996-98. Unlike the Eleventh Circuit precedent relied on by
the police in Davis, however, Garcia was not “binding appellate precedent” on Illinois state
- 29 -
courts, the jurisdiction in which the Aurora police were operating and in which defendant was
prosecuted.
¶ 115 The applicable body of case law upon which a law enforcement officer may reasonably
rely consists of those decisions that are binding on the jurisdiction in which the officer
operates. See Hudson v. Michigan, 547 U.S. 586, 599 (2006) (noting that officers are expected
to learn and abide by “what is required of them” by courts having jurisdiction over them). The
Davis good-faith exception thus is not available unless there exists binding precedent within
the particular jurisdiction governing the law enforcement officials. See United States v.
Aguiar, 737 F.3d 251, 261 (2d Cir. 2013) (holding that “binding appellate precedent” within
the meaning of Davis refers only to precedent of the Second Circuit and the United States
Supreme Court); United States v. Barraza-Maldonado, 732 F.3d 865, 867 (8th Cir. 2013)
(“[f]or the good faith exception to apply, officers performing a particular investigatory
action—such as GPS tracking—must strictly comply with binding appellate precedent
governing the jurisdiction in which they are acting”).
¶ 116 Where state courts are silent on the constitutionality of a particular police practice, law
enforcement officers who engage in that practice without first obtaining a search warrant from
a neutral magistrate must knowingly accept the risk that their conduct will be found
unconstitutional. First, they risk that a state court may decide to depart from federal case law in
interpreting a federal constitutional provision. Caleb Mason, New Police Surveillance
Technologies and the Good-Faith Exception: Warrantless GPS Tracker Evidence After United
States v. Jones, 13 Nev. L.J. 60, 76 (2012). Decisions of a United States court of appeals, while
persuasive, are not binding on state courts. In re May 1991 Will County Grand Jury, 152 Ill. 2d
381, 398 (1992) (citing People v. Fields, 135 Ill. 2d 18, 72 (1990)); see also People v. Eyler,
133 Ill. 2d 173, 225 (1989) (“[u]ntil the Supreme Court of the United States has spoken, State
courts are not precluded from exercising their own judgments on Federal constitutional
questions”). Second, the police risk that a state court may interpret a constitutional provision in
its own state constitution more strictly than a corresponding provision in the federal
constitution. See In re May 1991 Will County Grand Jury, 152 Ill. 2d 381, 390 (1992). In fact,
this court has held that the Illinois Constitution of 1970 “offers greater protection against the
invasion of an individual’s privacy rights than does the Federal Constitution.” Id. Thus, in a
posture of state silence and federal approval of a particular search, the exclusionary rule serves
its intended purpose: to “deter future Fourth Amendment violations.” Davis, 564 U.S. at ___,
131 S. Ct. at 2426; see also id. at ___, 131 S. Ct. at 2435 (Sotomayor, J., concurring in the
judgment) (“when police decide to conduct a search or seizure in the absence of case law (or
other authority) specifically sanctioning such action, exclusion of the evidence obtained may
deter Fourth Amendment violations” (emphasis added)); Caleb Mason, New Police
Surveillance Technologies and the Good-Faith Exception: Warrantless GPS Tracker Evidence
After United States v. Jones, 13 Nev. L.J. 60, 76 (2012).
¶ 117 Of course, the police can avoid the harsh consequence of the evidence being excluded by
obtaining a warrant in the first place, rather than gambling that the search will not eventually be
held unconstitutional by a court in that jurisdiction. 8 In this case, the officers were state police
8
A warrant is now statutorily required in Illinois before the police may use a GPS to track a person’s
movements. Effective August 26, 2014, the Freedom From Location Surveillance Act requires a law
enforcement agency to obtain a court order supported by probable cause before using an electronic
- 30 -
officers investigating a state crime and had no reason to believe that the case would be
prosecuted in federal court. 9 Accordingly, the officers could not have presumed, in reliance on
Garcia, that the warrantless installation of the GPS device was constitutional.
¶ 118 For the foregoing reasons, I respectfully dissent.
¶ 119 JUSTICES FREEMAN and THEIS join in this dissent.
device to obtain “current or future location information pertaining to a person or his or her effects.”
Pub. Act 98-1104, § 10 (eff. Aug. 26, 2014).
9
The majority emphasizes that the Aurora police detective “stood in exactly the same shoes” as the
Alabama police officer in Davis, who conducted a search in the course of investigating a state traffic
offense and was found to have relied on federal appellate precedent. Supra ¶¶ 31, 52. At the time of the
search in Davis, however, Alabama state case law expressly authorized the search. State v. Gargus, 855
So. 2d 587, 590 (Ala. Crim. App. 2003); see Caleb Mason, New Police Surveillance Technologies and
the Good-Faith Exception: Warrantless GPS Tracker Evidence After United States v. Jones, 13 Nev.
L.J. 60, 77 n.101 (2012). By contrast, prior to the search in this case, no Illinois state court had
addressed the constitutionality of GPS installation or tracking.
- 31 -
|
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[Effect of strychnine on evoked potentials and postsynaptic responses of sensomotor cortex neurons in the cat].
In acute experiments on cats under light nembutal anaesthesia, immobilized by myorelaxants, superficial application of strychnine was shown to suppress the slow negative potentials (arising during direct and primary cortical responses) and IPSPs of the pyramidal neurons corresponding to the slow negative potentials. Iontophoretic application of strychnine blocks predominantly the early component of IPSP during which the input resistance is significantly less than that of the late component indicating their different genesis. It is concluded that individual components of evoked potentials have a common genesis, the slow negative potential is the reflection of the IPSP of pyramidal neurons whose early component seems to be generated by axo-somatic synapses while the late one by axo-dendritic inhibitory synapses. Neurotransmitters in these inhibitory synapses may be different.
|
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|
586 F.Supp. 1160 (1984)
INTERSTATE PROPERTIES, Plaintiff,
v.
PYRAMID COMPANY OF UTICA, Robert J. Congel, Leonard Leveen, James McDonald, Joseph Scuderi, Gerald Dick, Woodchuck Hill Associates, and Teachers Insurance and Annuity Association, Defendants.
No. 81 Civ. 1874.
United States District Court, S.D. New York.
April 9, 1984.
Finley, Kumble, Wagner, Heine, Underberg & Casey, New York City, for plaintiff; Neil Underberg, Alan M. Gelb, P.C., Jerome Kowalski, Frederick S. Gold, New York City, of counsel.
Donovan Leisure Newton & Irvine, New York City, and Bond, Schoeneck & King, Syracuse, N.Y., for Pyramid defendants; Sanford M. Litvack, New York City, and Thomas J. Valenti, James E. Wilber, Syracuse, N.Y., of counsel.
Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendant Teachers Insurance and Annuity Association; Gregory P. Joseph, New York City, of counsel.
OPINION
ROBERT L. CARTER, District Judge.
The motion to vacate the March 18, 1984 Addendum to the Opinion of February 23, 1984, is granted. The Addendum is vacated and recalled. Movant is correct in part in alleging that the Addendum is based upon a mistake of fact.
Defendants, Pyramid Company of Utica, Robert J. Congel, Leonard Leveen, James McDonald, Joseph Scuderi, Gerald Dick, and Woodchuck Hill Associates (hereinafter referred to collectively as Pyramid or Pyramid defendants), filed counterclaims in this action. Three of these counterclaims alleged Sherman Act violations. Pyramid contends that Interstate made fraudulent misrepresentations to the New York State Department of Environmental Conservation ("NYSDEC") at hearings held between August and October, 1977 on Pyramid's application to build a shopping mall on wetlands in the Utica-Rome, New York area, close to the site on which the mall, which is the subject of this litigation, was built; that those fraudulent representations were made to block Pyramid from building an enclosed shopping mall and to preserve Interstate's *1161 monopoly on enclosed shopping malls in the Utica, New York area. The fraudulent misrepresentations are said to be Interstate's not revealing to the NYSDEC hearing officer that Interstate, itself, wanted to build an enclosed mall on wetlands in the area. It is also contended that subsequent to the NYSDEC's denial of Pyramid's application, Interstate joined forces with Pyramid as the Joint Venture and took the opposite position to that presented at the 1977 NYSDEC hearings, seeking this time successfully to secure permission from NYSDEC to build the instant shopping mall on state wetlands.
At the commencement of the trial, it was agreed that plaintiff would proceed first with its contract case, and, thereafter, Pyramid would proceed with the evidence on the counterclaims. Plaintiff, from the outset, took the position that the counterclaims' antitrust allegations were legally deficient. Pyramid set forth its legal theory as to the basis for the counterclaims in colloquy with the court. Tr. 1031-1039. The claim was said to be "narrowly focused ... on the Noerr-Pennington doctrine the sham exception." Id. at Tr. 1031.
On the final day of the trial, Pyramid was allowed to make an offer of proof on its antitrust allegations as to how, if permitted, it proposed to proceed. Counsel stated that he proposed to establish the merits of the claims through Robert Congel, Steven Roth of Interstate and damages through James Anthony Tuozzolo, Pyramid's accountant. Counsel proposed to question Congel concerning the background leading up to the proposed mall, the filing of Pyramid's application with NYSDEC for permission to build on the state wetlands, the facts that gave rise to the applications and the effort Pyramid undertook in their preparation, the nature of Interstate's posture at the hearings, conversations Congel had with Roth concerning the true facts, showing what was going on behind the scenes and the testimony concerning the Joint Venture and the change in approach of Interstate in 1979.
While conceding that Interstate disclosed its competitive posture at the 1977 hearings, Pyramid's counsel alleged that Interstate misled NYSDEC "on their own intentions and their own determination as to economic need," for a mall in the area. Tr. 1230. Through witnesses Interstate allegedly convinced the hearing officer that there was no paramount economic need for the mall to be built on a site requiring the destruction of 22 acres of state wetlands. Interstate expressly represented to the NYSDEC that it had no interest in building a mall in the area, although conversations between Roth and Congel would establish that Interstate wanted to secure permission to build a regional mall close to the site on which Pyramid was seeking permission to build. Counsel proposed to show that when Pyramid filed its 1977 application seeking to use the wetlands as a site for the mall, it offered to form a substitute wetlands and cede it to the state. Interstate's lawyer took the position that such a course was illegal, but in 1979 when Interstate became a part of the Joint Venture, permission to build the mall on wetlands was granted and the Joint Venture offered to cede substitute wetlands to the state. He proposed to take Roth through his various different positions, his conversations with Congel to establish that Interstate's initial opposition in 1977 to Pyramid's building a mall on wetlands was designed to suppress competition.
For market definition purposes, the product was said to be an enclosed regional mall which is so distinct and different from a strip center regional mall that it is not interchangeable with the latter. Therefore, an enclosed regional mall must be classified as a separate product for purposes of antitrust market analysis and definition. The geographical market was the Utica-Rome, New York metropolitan area. (Tr. 1228-1237 passim).
There are standing problems for these defendants, since the entity involved in the 1977 NYSDEC hearings was Pyramid Systems, Inc., apparently a Pyramid related company (see Feb. 23, 1984 slip. opinion), but not the Pyramid Co. involved in this *1162 proceeding. Sierra Club v. Alexander, 484 F.Supp. 455, 460 (N.D.N.Y.), aff'd, 633 F.2d 206 (2d Cir.1980). Moreover, the NYSDEC office at the 1979 hearings "made a finding that the 1979 project was an entirely new proposal and not a resubmission of the 1977 plan" Id. at 461. These questions were not even addressed in defendants' proffer which would be enough to reject the counterclaims as insufficiently proved.
Assuming arguendo that these issues were put to one side, and the merits were considered nonetheless, even accepting the defendants' allegations as summarized above as true, Pyramid cannot bring its claims within the sham exception to the Noerr Pennington doctrine as defined in Eastern Railroad President's Conference v. Noerr Freight, Inc., 365 U.S. 127, 81 S.Ct. 523, 5 L.Ed.2d 464 (1961); United Mine Workers v. Pennington, 381 U.S. 657, 85 S.Ct. 1585, 14 L.Ed.2d 626 (1965); California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508, 92 S.Ct. 609, 30 L.Ed.2d 642 (1972) and cognate cases.
California Motor Transport Co., supra, first articulated the extension of the Noerr Pennington sham exception to adjudicatory and administrative proceedings. There the Court held that where a defendant abused the administrative process by "a pattern of baseless, repetitive claims", not to influence official behavior but to stifle competition, id. at 513, 92 S.Ct. at 613, the activity was not shielded by the First Amendment from the reach of the antitrust laws. In that case the core issue concerning the Court was the effective exclusion of a competitor from the decision making process. Id. Subsequent cases have made clear, however, that access to an administrative tribunal is but one facet of the sham exception. Litton Systems, Inc. v. American Telegraph & Telephone Co., 700 F.2d 785, 809 n. 36 (2d Cir.1983). The sham exception embraces the whole spectrum of activities which abuse and corrupt the administrative process to further anticompetitive objectives. Nor is repetitive activity required. In the context of this case, a one time debasement of the NYSDEC 1977 hearings to achieve Interstate anticompetitive ends would suffice to bring the sham exception into play. Energy Conservation, Inc. v. Heliodyne, Inc., 698 F.2d 386 (9th Cir.1983); Clipper Express v. Rocky Mt. Motor Tariff Bureau, 690 F.2d 1240 (9th Cir.1982).
The cases are clear, however, that Interstate does not violate the antitrust laws in opposing before the NYSDEC Pyramid's application for permission to destroy wetlands to build a mall, even though its motive is to deal a fatal blow to a competitor. Eastern Railroad President's Conference v. Noerr Motor Freight, Inc., supra, 365 U.S. at 135, 81 S.Ct. at 528; United Mine Workers of America v. Pennington, supra, 381 U.S. at 670, 85 S.Ct. at 1593. Nor would even a pattern of activities or a multiplicity of activities with an anticompetitive intent suffice. Ad Visor, Inc. v. Pacific Tel. & Tel. Co., 640 F.2d 1107 (9th Cir.1981). Pyramid is required to show that Interstate subverted the integrity of the NYSDEC process or impaired the fair and impartial functioning of that agency in 1977. Landmarks Holding Corp. v. Bermant, 664 F.2d 891 (2d Cir.1981); Federal Prescription Service, Inc. v. American Pharmaceutical Assn., 663 F.2d 253 (D.C.Cir.1981), cert. denied, 455 U.S. 928, 102 S.Ct. 1293, 71 L.Ed.2d 472 (1982).
Solicitation of governmental action to obtain an economic or competitive advantage is not prohibited by the antitrust laws. Central Savings & Loan Assn. of Chariton, Iowa v. Federal Home Loan Bank Bd., 422 F.2d 504 (8th Cir.1970). Thus, the fact that Interstate did not disclose to the hearing officer in 1977 that it wanted to build a mall in the area is not sufficient to encumber its 1977 opposition to Pyramid with Sherman Act overtones. Pyramid was before the NYSDEC seeking, as I understand it, to convince the agency that it should be permitted to destroy 22 acres of wetlands because economic need for the mall outweighed the environmental loss the public would suffer. Even if Interstate stated to the hearing officer that it had no *1163 interest in building a mall, although it was privately and in reality prepared to build if permitted, no sham exception can be invoked on that scenario. The deliberate misrepresentation is to be faulted, but that misrepresentation could not have been material to the NYSDEC conclusion that Pyramid had failed to establish an economic necessity warranting the wetlands' destruction. The decision of the hearing officer had to concern to what extent the area's economic well being would be served by the mall, and would the gain to the public thereby be greater than the ecological loss that would be required.
Moreover, whatever Interstate's motive, a denial to Pyramid to build the mall would not necessarily result in Interstate's being permitted to do so. It would have to file an application with the NYSDEC, and if its plans were to seek to use wetlands as a site for construction, it would have to successfully establish economic need. Pyramid contends that this is what happened when Interstate joined forces with Pyramid in the Joint Venture. In 1979, Interstate's lawyers, now working for the Joint Venture, apparently successfully guided the new application through NYSDEC proceedings. Even if Interstate's activities in 1977 could be traced to the Joint Venture activities in 1979 in respect of NYSDEC, all that shows is Interstate's skillful use of the administrative process.
Pyramid would have to establish bribery, fraud or unethical procedures by Interstate that corrupted the hearing officer and robbed or attempted to rob him of independent judgment. Proof that Interstate conspired with the hearing officer or NYSDEC staff to secure denial of Pyramid's 1977 application would bring the sham exception into play. Hopkinsville Cable TV v. Pennyroyal Cable Television, Inc., 562 F.Supp. 543, 546-47 (W.D.Ky.1982). That kind of proof is not close to what Pyramid seeks to prove. Although counsel insists he does not intend to do so, his proffered proof is designed to regurgitate the arguments and contentions at the 1977 hearings, with counsel seeking to establish here that Interstate's opposition was without foundation. Not every business tort can be molded into an antitrust violation. Here the proof is insufficient to lift the shield which the First Amendment affords.
Antitrust claims raised in the counterclaims are dismissed as legally deficient. Because of the basis of this holding, Interstate's collateral estoppel and time barred contentions need not be reached.
In so far as Pyramid's counterclaims raised allegations other than Sherman Act violations, no proof was presented or offered in support of those counterclaims. Accordingly, they are dismissed as waived and unproved.
All counterclaims are dismissed.
IT IS SO ORDERED.
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379 So.2d 594 (1980)
BENDER SHIP REPAIR, INC.
v.
Charles J. STEVENS, II.
78-359.
Supreme Court of Alabama.
January 11, 1980.
*595 Robert M. Montiel, Mobile, for appellant.
Gary A. Hudgins, Gary P. Alidor, Mobile, for appellee.
ON APPLICATION FOR REHEARING
FAULKNER, Justice.
The original opinion in this case is withdrawn and the following opinion is substituted in its place.
This is an appeal from an interlocutory order permitted by this Court pursuant to Rule 5, ARAP. The circuit court order denying Bender's motion for judgment on the pleadings is reversed.
While employed by Bender under an employment contract terminable at will by either employer or employee, Stevens served on the Mobile County Grand Jury May 8, 9, 10 and 12. On May 11, during a break of jury service, Stevens contends by affidavit that he was fired, for service on the grand jury. Bender's evidence affidavits reflect that it terminated Stevens' employment on May 31, because he did not report to work after grand jury service.
Stevens sued Bender, alleging breach of employment contract by firing him for serving on the grand jury. Bender's motions to dismiss, for summary judgment, and for judgment on the pleadings were denied. The trial court certified the appealability of the denial of the motion for judgment on the pleadings. This Court granted permission to appeal.
Even though there is a conflict in the reason for termination, the crux of the case is whether an employer may terminate the employment under a terminable at will contract for any reason.
Under the decisions of this court, an employment contract terminable at the will of either the employer or the employee, may be terminated by either of them with or without cause or justification. Hinrichs v. Tranquilaire Hospital, 352 So.2d 1130 (Ala. 1977); Martin v. Tapley, 360 So.2d 708 (Ala. 1978). The provisions of Code 1975, § 12-16-8, protecting an employee from loss of his usual compensation while serving on a grand jury, do not alter this rule.
REVERSED AND REMANDED, OPINION SUBSTITUTED FOR ORIGINAL OPINION, AND APPLICATION FOR REHEARING OVERRULED.
TORBERT, C. J., and BLOODWORTH, ALMON and EMBRY, JJ., concur.
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Exporting American Jobs
In the United States, offshoring – the business practice of moving operations overseas, usually to less developed countries with lower labor costs in Asia – has become a major political controversy. Dr. Sennholz explores…
Outsourcing – the business practice of moving operations and jobs to other countries – undoubtedly is the crucial issue of the European Union. Facing Union-wide competition, companies are eager to move to places where conditions are more favorable. They may want to leave France, Germany, and Italy where labor legislation and regulation condemn many millions of workers to chronic unemployment. They may prefer to move to new E.U. member states where labor is less encumbered and production costs are much lower. But such moves give rise to loud calls for government intervention, especially in countries that see themselves as losers and victims of the freedom for companies to move. Indeed, outsourcing is casting grave doubts about the future of the European Union.
In the United States, offshoring – the business practice of moving operations overseas, usually to less developed countries with lower labor costs in Asia – has become a major political controversy. It played a major role in the 2004 presidential election in which Senator John Kerry, the Democratic Party’s candidate, denounced corporate executives who were offshoring American jobs as traitorous “Benedict Arnolds.” He, and many of his colleagues, proposed legislation to eliminate all tax breaks to corporations that export jobs. Offshoring undoubtedly will play an even bigger role in future elections when many more jobs will have gone abroad.
Offshoring Jobs: The Voices of Protectionism
Loud voices of protectionism were heard already in 1992 when the North American Free Trade Agreement was to lower trade barriers and make the United States, Mexico, and Canada more competitive in the world market. It raised loud fears that it would lead to ever greater expatriation of U.S. jobs to Mexico where labor is less expensive. The same voices now are sounding the alarm about American jobs going to China and other Asian countries. Moreover, they are greatly upset about the nature of the work being exported. In the past, American companies had concentrated on transplanting low-skilled jobs which minimum-wage legislation and benefit regulation had made unlawful. More recently, the voices have focused on professional jobs going to China, India, the Philippines, and Malaysia where university-trained technologists are engaged in software engineering, computer chip designs, and code writing. After all, many thousands of engineers in those countries studied at American universities and acquired such expertise. General Electric Corporation has sent most of its technology services to graduates in China; Aetna is sending them to India.
Many legislators are eager to call a halt to such exports of American jobs. They are ready to levy steep fines, raise taxes, or imprison the violators of their laws and regulations. But they are not willing to lower the benefit costs that they imposed. In their private lives many were attorneys, counselors-at-law, civil servants, educators, or heirs to family fortunes before they embarked upon political pursuits. Few are knowledgeable economists familiar with basic principles of economics. Instead, they usually are enamored by their own position and especially by their great legislative powers. The only limit they may recognize is the political clout and vote of other legislators.
Most members of Congress are unaware of the inexorable principles of foreign trade and international cooperation. One of the great 19th century economists, David Ricardo, clearly elaborated and stated them. He propounded the Law of Comparative Cost, better known as Ricardo’s Law of Association, which applies to the common situation in which economic goods move readily across national borders, but governments prevent capital and labor from moving freely. Under such conditions, people everywhere benefit most if they concentrate on the production of those goods in which conditions are most favorable, leaving all other production to others. The case is similar to that of a surgeon who concentrates on surgery and leaves all supportive work to his assistants although he also excels in their simple tasks. And it is similar to that of a master mechanic who relies on his apprentices and assistants for ordinary work, although he could outdo them readily, but chooses to concentrate on the work requiring greater skill. Cooperation and division of labor benefit all.
In Ricardo’s time, the mobility of both capital and labor was limited rather severely. Later in the 19th century, under the influence of classical economic thought, both capital and labor became rather mobile. They created the “world market” with rapidly rising productivity and standards of living. During the 20th century, unfortunately, economic nationalism and rampant socialism closed many borders and precipitated not only ugly trade wars but also numerous armed conflicts. After World War II the “cold war” between the Soviet and American blocs of nations divided the world, creating political tension and military rivalry short of actual war. Yet the comparative differences in production cost allowed both sides to benefit from peaceful trade.
Offshoring Jobs: No Nullifying Ricardo’s Law
Ever since the disintegration of the Soviet bloc the market order has gradually expanded to most corners of the world and business capital has assumed new mobility, seeking employment wherever production conditions are favorable. But no matter how mobile capital now may become, it cannot nullify Ricardo’s Law of Association as long as labor lacks the mobility to move freely and expeditiously from country to country. The great differences in religious, racial, national, and cultural characteristics as well as the notable differences in birth rates and mortality rates will never allow man to spread evenly around the globe, but they may encourage him to engage in peaceful cooperation and international trade.
There cannot be any doubt that the problems of offshoring will be with us as long as economic conditions change and business is free to move. American business may move abroad, and it may come back again. Guided primarily by cost and yield comparisons many American companies are known to have canceled outsourcing projects in Asia, citing poor employee training and performance, inadequate support, personal and property security concerns, and political arbitrariness, hostility, and corruption. They must cope with anti-offshoring legislation and political malice wherever they would like to leave and with unfair competition laws and regulations where they like to settle. After all, construction of a modern plant undoubtedly leads to the closure of many old shops and relocation and training of their employees. Surely, closure of shops and relocation of workers are painful also in Asia.
Economists like to reflect on all the effects of a business move to places and countries where it is more productive. They are ever mindful of Ricardo’s Law of Association which affirms that trade benefits both countries. And they are elated when foreign competition persuades legislators and regulators to reduce their obstacles and restraints, trim mandated labor costs, and remove employment barriers. But they are saddened by the rising mood of protectionism in Europe as well as in the United States. The voices of nationalism and socialism are rather persuasive; they speak of interest, not of reason. They pay no heed to the old precept: What you do to others, they will do unto you.
Regards,
Dr. Hans Sennholzfor The Daily Reckoning
August 16, 2005
Dr. Hans Sennholz is president emeritus of The Foundation for Economic Education (FEE) in Irvington, NY. His essays and articles have appeared in over thirty- six major German journals and newspapers, and 500 more that reach American audiences. Dr. Sennholz is also the author of 17 books covering the Great Depression, Gold, Central Banking and Monetary Policy.
We are still on vacation. During these idle, brown days of late summer, we’re determined to find some new thoughts. Our old thoughts have seemed a little worn…like an old pair of slippers. We think we should try on something new; but the old ones seem more comfortable than ever.
Yesterday, we began a rumination based on a speech we gave in Vancouver last week. Today, we continue it…
Our new thought is that you can tell where you are in a major investment cycle by looking at the attitudes and beliefs of investors. When they are very bullish, it is late in the cycle of rising prices. When they are very bearish, prices are likely to turn up soon. We suspect also that attitudes similarly evolve in an imperial cycle, in which a country’s economic, financial and military power runs up over several generations and then decline. At the peak, the imperial people come to believe that their system is superior; that their values are universal, and that their way of live will inevitably dominate the entire world.
Readers will recognize these attitudes in a famous article by Francis Fukayama, written after the fall of the Soviet Union, in which he suggested that the world might have reached the “End of History.” It was the end of history because the American system had triumphed; no improvement seemed possible. Fukayama’s idea was not original. Hegel, and Marxist intellectuals, had proposed the same thing more than a 100 years earlier. With the victory of the proletariat, no further advance could be made. History had to stop.
Hegel stopped ticking. Marx died, too. History continued.
But when people feel they are on top of the world, they begin to take for granted things that they previously thought absurd. As we mentioned earlier, Americans now depend on the savings of Communist China in order to pay for their lifestyles…and their wars to make the world safe for democracy. They do it without thinking. Subconsciously, they’ve come to believe what imperial people always seem to believe – that their society is so superior that the rest of the world longs to be just like them. That’s the premise behind the billions of dollars Americans are investing in China. A few years ago, if someone had suggested that they invest in a communist country they would have thought the man mad. China is still run by veterans of various Great Leaps Forward, but Americans are convinced that they’re all becoming just like us – capitalists and democrats at heart! So vain are we that we can’t imagine anyone wanting to be anything else.
Likewise, we were just down in Nicaragua. We have a house down there and buy more land whenever we get an opportunity. Prices have soared in the last five years. Someone bought a beachfront lot recently for $350,000, a price that would have been thought insane a few years ago. Nicaragua is, after all, a third-world country. It is also a country that was run by communists until a few years ago. Even now, the nation’s politicians are debating a proposed law that would declare all land within 200 meters of high tide “public.” In effect, we’d all lose our land, our houses, and the money we’ve invested down there. But none of us quite believe it will happen. Because we’re convinced that they all want to be just like us – and we’d never do such a thing.
And of course, the invasion of Iraq was based on the same sort of thinking: that even the grubby desert tribes want to be just like us. All we have to do is to get the dictator all their backs and the men will start building shopping malls and the women will all start dressing like Britney Spears.
Those are the sort of delusions you get at the top of an imperial cycle. Cultural attitudes, political systems, and economies are never as universal and eternal as we think. Instead, everything evolves.
Now, for the news from our team at The Rude Awakening:
————–
Eric Fry, reporting from Manhattan…
“An espresso bar that rarely sells an espresso may represent a kind of aesthetic tragedy, but it is a capitalistic triumph. Just ask Starbucks’ shareholders.”
————–
Bill Bonner, back in Ouzilly…
*** Before getting involved in the market, investors must examine their ‘twin tolerances for risk,'” advised Steve Sarnoff, last Friday at The Agora Wealth Symposium.
“First, you must only gamble with money you can afford to lose. Never assume you are going to make huge gains.
“The other tolerance for risk is psychological. Review your temperament. Will you be able to handle the emotional roller coaster of the market?”
*** The American lumpeninvestoriat are jumping ship at a greater rate than any time since 1994. US investors bought $146 billion worth of bonds and equities outside the US in the past 12 months. Perhaps they are beginning to sense the urgency of panicking now… and avoiding the rush.
Thank god, the foreign lumpen haven’t gotten the message, huh? Overseas investors poured $71 billion into the US… more than covering the $58.5 billion shortfall created by the consume-at-will culture of ours.
(Addison’s book, by the way, explains the relationship between the current account deficit and the value of the dollar, quite clearly. What’s more, it shows you how you can profit from it – in an easy way.
*** Even in France, our closest cousins do not share our American attitudes. In the United States, we all seek to maximize our incomes. We work long hours. We start enterprises. We invest. In France, people do not seek to maximize their incomes. Instead, what they want to maximize is their leisure, and the quality of their lives. They spend more time talking about how to cook the bacon than they do about how to bring it home.
France once had a European Empire – from Spain to Moscow. Later, it had a worldwide empire – with subject countries and colonies in Africa, the West Indies and the South Pacific. From the time of Richelieu to the time of Leon Blum, France had one of the most powerful armies on earth. Even at the beginning of WWII, France had the largest army in Europe – on paper. But there never was a cycle that didn’t want to turn. And the imperial cycle turns along with the rest of them. For many generations, the French believed they had the finest culture, the best schools, and most advanced scientists, and the most dynamic builders in the world. France saw its mission as bringing the benefits of its civilization…of vin rouge and the Rights of Man…to the rest of the globe. But now it’s our turn. It is we Americans who think we have the best culture, the best economy, the best government, and the best army the world has ever seen. Now, it is we who have the burden of the “mission civilisatrice.” It is our duty to bring freedom and democracy to this tattered old ball; our president said so.
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SHEIKH MANSOUR International Spiritual Healer with Born Gifted Power & Experience. Supernatural gifted man who helps both Internal & External matters in Marriage, Love, Court, Business, Luck, Gambling, Protection, Returning Loved One Back. EXPERT IN ALL OCCULTIST HUMAN PROBLEMS. ONLY ONE VISIT WILL LEAD YOU TO THE RIGHT PATH! CALL NOW FOR JOY! RESULTS IN A FEW DAYS. Call 347-261-0226 www.cheikhmansoor.com
SHEIKH MANSOUR International Spiritual Healer with Born Gifted Power & Experience. Supernatural gifted man who helps both Internal & External matters in Marriage, Love, Court, Business, Luck, Gambling, Protection, Returning Loved One Back. EXPERT IN ALL OCCULTIST HUMAN PROBLEMS. ONLY ONE VISIT WILL LEAD YOU TO THE RIGHT PATH! CALL NOW FOR JOY! RESULTS IN A FEW DAYS. Call 347-261-0226 www.cheikhmansoor.com
Yes he’s back from the shadow of death, the Jamaican born Obeah man and spiritual case worker. MR. B. CALL 718-523-1426 Guaranteed success where others fail. Power to help in all walks of life. Calls out friends and enemies by name, without asking you a single word. A visit to this Obeah worker from Jamaica will be of immense value to you.
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Surgical Principles for Disc Resection of Deep Bowel Endometriosis.
Colorectal involvement represents 90% of bowel endometriosis. The best surgical approach must consider the patient's clinical symptoms, preoperative imaging, and correlation with surgical findings. For patients with severe pain who either have failed medical treatment or contraindications to hormonal treatment and have a single bowel lesion <3 cm that involves the inner muscularis, disc resection is the preferred approach to treat bowel endometriosis [1,2]. Therefore, here we describe the surgical principles for disc resection for deep bowel endometriosis. Step-by-step video illustration of our surgical technique with clarification of surgical principles. Tertiary care center. A mechanical bowel preparation is given before surgery. A 10-mm port is placed in the umbilicus, and 3 other 5-mm auxiliary ports are placed in the right and left iliac fossa and in the suprapubic region. Dissection starts with development of both medial pararectal spaces. The retrocervical region is approached, and the bowel lesion is isolated. A suture is placed into the endometriosis bowel lesion to facilitate invagination into the stapler. A circular stapler is inserted into the rectum, and the anvil is opened at the level of the endometriosis lesion. Each end of the suture held by 2 graspers are pushed dorsally, whereas the stapling device is gently pushed ventrally, imbricating the delineated area. The stapler is closed, including the endometriosis area. After reassuring that the posterior part of the mesentery is free, the device is fired, excising only the anterior wall of the rectum. Disc resection is the technique of choice to treat a focal bowel endometriosis lesion <3 cm.
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Don't accidentally paste a password into a public messageDon't share your phone number if you're in any sort of position of prominenceIn a tweet directed to Oculus CTO John Carmack, Elon Musk today broke rule number two. The wayward tweet was quickly deleted, but many of Musk's 16.7 million Twitter followers had already taken notice.
While TNW isn't going to share the number, multiple outlets are confirming its legitimacy.
As a CNBC reporter found, Musk's ringing music was an homage to the classic PlayStation franchise "God of War." We tried it ourselves and, yep... that's Kratos.
The ringing starts with "By the Gods you've done it. Somehow you've found your way here to me. I offer you my congratulations and my respect." You can hear the monologue the ring music was referencing here.
Musk hasn't shown much public interest in VR, so it's unclear why he'd want to speak with Carmack. A simple search for the terms "VR" and "virtual reality" yielded zero results for Musk.
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In Paris, the suit is back. Or is at least attempting a comeback.
It was always going to be high on the agenda at Dior, which showed its autumn/winter show on Friday night. Artistic director Kim Jones might be the man who spliced tailoring with streetwear at Louis Vuitton, most notably in his 2017 collaboration with Supreme, but for his second collection at the fashion house he focused on “architectural tailoring”, drawing heavily on the label’s couture heritage – despite this being a ready-to-wear show.
“It’s about reaffirming Dior with lots of tailoring … except with this spirit of now,” he said the evening before the show.
Yet elsewhere on the Paris catwalks this week, tailoring has outweighed sportswear for the first time in several seasons. Both Dries Van Noten and Berluti closed their shows with civilised black suits, but even Vetements, king of subversive anti-fashion, and Louis Vuitton’s Virgil Abloh, king of streetwear, opened theirs with princely versions of their own.
The Dior show took place in a giant black box within the Champ de Mars park, behind the Eiffel Tower. Inside, the models were static, carried along a 76 metre conveyor belt designed to look like a salon show on a giant scale.
This tableaux vivant replicated the statues outside, but was chosen because Jones thinks it is the “nicest way” to display a suit. It also photographs well, proving that even in an industry which sets its clock by social media Jones knows what he is doing. That some wore tabards and vests gave it an Action Man feel, although this was accidental.
“The armour is not a reference to what’s going on at the moment in politics here,” he said. “We were looking at that reference six months ago. It’s my third collection, and you get a bit insular.”
The front row at Dior Homme. From left: Kate Moss, Dior CEO Pietro Beccari, his wife Elisabetta Beccari; actor Robert Pattinson. Photograph: Bertrand Rindoff Petroff/Getty Images
The six-day Paris event might be menswear’s largest, and busiest – only here is the schedule expanding not contracting – but that does not mean it’s free from drama. With gilets jaunes anti-government protests predicted to take place on Saturday 19 January, Dior was one of the shows to change times, moving its show back one night.
Jones seemed nonplussed – “we’re quite organised, so it’s not been too bad to change – a few guests missing perhaps” – but the reality was, one imagines, slightly more fraught.
The collection showed 39-year-old Jones’s ability to rework couture for a modern crowd. The suits came inlaid with satin, creating a sort of inside out effect, in colours of mink, light blue and black.
There was season-appropriate cashmere, and some hip oversized knitwear designed in collaboration with punk artist Raymond Pettibon, made “using a technique which resembles Moire” which everyone had to Google.
Unlike many of the shows this week, there are no women on this catwalk. “We don’t need women here, this is men’s. I’ve got to respect Maria Grazia [Chiuri, creative director of womenswear at Dior].”
Still, the saddle bags were reworked from women’s, while the “hardcore leather opera gloves” had a certain gender fluidity.
More looks on the conveyor belt catwalk during the Dior show in Paris. Photograph: François Guillot/AFP/Getty Images
From afar, it all looked simple enough, but up close techniques including flou and moulage (a method of draping) revealed Jones to be as ever, a stickler for detail. He enjoys these flourishes, of “carrying the concept of Dior as a gallerist as well as a couturier”, although one hand-beaded shirt which required 16 people working for 1,600 hours, was as much work as art.
Despite being “pretty tired” the day before, he still had one eye on friend David Beckham, who popped in the day before to say hello, and the other on the commercial.
“The red carpet is not usually something I think of a lot but we are dressing a lot of people,” he said. At the Golden Globes, Dior was worn by nominees Viggo Mortensen and Darren Criss. No surprise that Dior is still the world’s biggest luxury brand. The suit expected to appear on the next round of red carpets is a classic shape with a long satin wrap. “Black tie can be a limited thing, but you don’t want it too peacocky.”
Plus the stars love him. Just before Beckham turned up, Christina Ricci entered holding a tiny dog, and proceeded to take photos in the mirror. Behind her, Kate Moss and Naomi Campbell exited minutes apart. All sat front row.
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Antoñita Singla
Antoñita Singla (born 1948), is a Spanish-born gypsy flamenco dancer and actress. She often went by the stage name Antoñita La Singla or simply "La Singla" but sometimes its written as Antonia Singla.
Early life
She was born as Antonia Singla Contreras in 1948 in the neighborhood Somorrostro de la Barceloneta, in Barcelona. At the time of her birth, this neighborhood was a shanty town and a gypsy community.
A few days after her birth she was in pain so her mother took her to many hospitals in order to see different doctors. Despite the examinations, no accurate medical diagnosis was found. It was thought that the pain was caused by severe meningitis, however, the little girl was left deaf as a result of the pain she suffered during her first months. In 1968, she made a partial recovery from her medical condition.
While she was growing up, La Singla learned to dance rumba, fandango, bulerías and flamenco with considerable skill. Singla began to dance by watching her mother clapping, absorbing the rhythm and turning it into a really remarkable dance full of emotions. It is said that she did not speak fluently until the age of 16.
Career
Singla began her career at the early age of 12, dancing in some taverns in Barcelona. She was known for wearing pants in a bailaor style when performing dramatic dancing, this was something also done by Carmen Amaya and a few other flamenco dancers before her.
In 1960, she launched her artistic career to the top by participating in the group project Festival Flamenco Gitano in which personalities such as Paco de Lucía, Camarón de la Isla, and El Faraón, among others, participated. This 1965 event was the brainchild of German organizers of Blues and Gospel festivals, who decided to invest in flamenco, later participating in numerous television programs. In addition, the Festival Flamenco Gitano toured Europe and the American continent. The first performance took place in the German capital, Berlin. It is worth noting the fact that La Singla was more famous internationally than in Spain.
In 1963, she performed as an actress and dancer in the film Los Tarantos, directed by Francisco Rovira-Beleta. The film is based on a play by Alfredo Mañas and tells the story of the fierce confrontation between two gypsy families in Barcelona: "Los Tarantos" and "Los Zorongos". At a wedding, Rafael, Taranto, meets Juana, La Zoronga. The two young people, wrapped by the magic of the party, swear eternal love with a pact of blood, and after a night of love, they discover with desperation that they belong to the two rival families. Rafael's mother, seduced by the spell of Juana's dance, overcomes the ancestral hatred, but Juana's father refuses to accept the union. Antoñita La Singla participated in the film as 'Sole', one of the dancers of the clan, along with Sara Lezana, Daniel Martín, Antonio Gades, Antonio Prieto, José Manuel Martín, Margarita Lozano, Juan Manuel Soriano. In addition, thanks to the filming of the movie La Singla was able to meet Carmen Amaya, with whom she was compared too. The film, Los Tarantos was nominated for an Academy Award in 1964 for "Best Foreign Language Film". At present, the film serves as a documentary of the now defunct Somorrostro district.
Another important milestone in the career of Antoñita Singla was her performance in the flamenco club Los Califas, a 1964 flamenco club whose tablao flamenco was inaugurated on October 15, 1965. The club owners heard about her through the artistic manager Antonio Fernández, who assured them that Singla had the blessing of the great Salvador Dalí and his wife Gala as well as the support of Vicente Escudero. A few days later she traveled to Madrid ready to debut in "Los Califas". Obviously, it was not easy to accompany "La Singla", not having the hearing and the speech needed, however she maintained the performance in its entirety. She danced by pure instinct, she did not hear the guitar or the flamenco singer. It was commented that she was going her own way, she was totally independent, and it was the others who had to follow her to give the performance the feeling of unity. This unexpected situation created such a high expectation that the flamenco club ‘’Los Califas’’ was entirely filled with professionals from the flamenco dance community and Singla exceeded all expectations.
Legacy
Today, Singla lives in Santa Coloma de Gramenet, in Catalonia, Spain far from the tablaos.
On April 15, 2017, one of the brothers of the artist, Juan José Singla Contreras, and his partner, Santiago Parra, opened a flamenco tablao in Barcelona with the name of La Singla to pay tribute. The location of La Singla is located in front of La Monumental bullring, and it is the first flamenco establishment that opened in the city in 30 years.
See also
Flamenco, a genre of Spanish music and dance
References
External links
Video: 1960s Antonita Singla dancing at Festival Flamenco Gitano
Video: Antoñita while dancing in 1965
Video: Fragment of Los Tarantos
Video: La Singla in the Feria
Category:1948 births
Category:Living people
Category:Flamenco dancers
Category:Deaf artists
Category:Spanish female dancers
Category:Artists with disabilities
Category:People from Barcelona
|
{
"pile_set_name": "Wikipedia (en)"
}
|
OFFICE TEAM
Lilac Miller
Position: Director
Background: Lilac qualified as a beauty therapist in 2001 and completed an MA in Management & Economics at St Andrews University prior to taking over the Lerwick Salon in Spring 2005 and opening the second location later that year. Lilac is an Assessor in Beauty Therapy and carries out training for our Junior Therapists and offers treatments at the Margaret Street Salon on Sundays and occasional Thursdays.
Personal: Lilac says 'I love working in the beauty industry and am always interested to find out about new treatments and developments and see what we can offer to our clients. I specialise in waxing but enjoy carrying out all treatments.'
Nicole Muir
Position: Office Administrator
Background: Nicole joined Sleeping Beauty in 2015, moving from Glasgow. She manages our office, working Monday-Friday.
Personal: Nicole says 'I'm originally from Glasgow and moved to Inverness in March 2015. I like working at Sleeping Beauty as all the girls have helped me settle into my new home.'
Grahame Harrison
Position: Book-keeper
Background: Grahame joined Sleeping Beauty Salon in 2015. He handles all of our accounting.
|
{
"pile_set_name": "Pile-CC"
}
|
SDBS-assisted preparation of novel polyaniline planar-structure: morphology, mechanism and hydrophobicity.
Leaf-like hierarchical polyaniline (PANI) structure with interlaced nanofibers on the surface was prepared by chemical oxidation polymerization of aniline assisted by sodium dodecyl benzene sulfonate (SDBS). The chemical structure and the composition of the leaf-like PANI obtained were characterized by FTIR, UV-vis, XRD and XPS. In order to investigate the formation mechanism of such micro/nanostructures, some micro/nanostructures of PANI polymerized at different polymerization times were synthesized and observed for comparison. The results show that the PANI micro/nanostructures originate from PANI microleaves due to SDBS as soft template, which then covered with interlaced nanofibers on the surface. The leaf-like PANI micro/nanostructures exhibit good hydrophobic property with a water contact angle of 134.3° resulted from the hydrophobic long dodecyl groups of SDBS dopant.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
---
abstract: 'The formation of charged pion condensate under parallel electromagnetic fields is studied within the two-flavor Nambu–Jona-Lasinio model. The technique of Schwinger proper time method is extended to explore the quantity locating in the off-diagonal flavor space, i.e., charged pion. We obtain the associated effective potential as a function of the strength of the electromagnetic fields and find out that it contains a sextic term which possibly induce weakly first order phase transition. Dependence of pion condensation on model parameters is investigated.'
address:
- 'Institute of Modern Physics, Chinese Academy of Sciences, Lanzhou, 730000, China'
- 'Institute of High Energy Physics, Chinese Academy of Sciences, Beijing, 100049, China'
- 'School of Physics Sciences, University of Chinese Academy of Sciences, Beijing 100039, China'
- 'Matrosov Institute for System Dynamics and Control Theory , 664033, Irkutsk, Russia'
-
author:
- Jingyi Chao
- Mei Huang
- Andrey Radzhabov
title: Charged pion condensation under parallel electromagnetic fields
---
Introduction
============
The phase structure of Quantum Chromodynamics (QCD) at high temperature/density and other extreme conditions has attracted lots of attentions and been a main topic of heavy ion collisions. The perturbative QCD predicts a free gas of quarks and gluons at high temperature limit and a color-flavor-locking phase at very high baryon density but low temperature. However, the QCD vacuum has a rather complicated nonperturbative structure, and the QCD phase diagram is not a simple transition between the hadron phase with non-zero chiral condensate to the weakly coupled quark-gluon plasma as expected long time ago [@Cleymans:1985wb], but instead a rich structure of different phases with corresponding condensates. These phases could include different color superconducting states or inhomogeneous chiral condensates [@Buballa:2003qv; @Buballa:2014tba; @Andersen:2018osr]. Recently, QCD phase structure under strong magnetic fields has drawn great interests [@Kharzeev:2007jp; @Skokov:2009qp; @Hattori:2016emy; @Andersen:2014xxa; @Miransky:2015ava; @Huang:2015oca]. The strong magnetic fields can be generated with the strength up to $B\sim10^{18\sim 20}$ G in the non-central heavy ion collisions [@Skokov:2009qp; @Deng:2012pc], and is expected to be on the order of $10^{18}$-$10^{20}$ G [@Duncan:1992hi; @Blaschke:2018mqw] in the inner core of magnetars.
Lots of interesting phenomena under strong magnetic fields have been discussed, for example, the magnetic catalysis [@Klevansky:1989vi; @Klimenko:1990rh; @Gusynin:1995nb; @Gusynin:1999pq], inverse magnetic catalysis [@Bali:20111213; @Bali:2012zg; @Bali:2013esa] effect, the chiral magnetic effect (CME) [@Kharzeev:2007jp; @Kharzeev:2007tn; @Fukushima:2008xe] and the vacuum superconductivity [@Chernodub:2010qx; @Chernodub:2011mc]. Moreover, it was pointed out that under the parallel electromagnetic fields, the neutral pion condensation can be formed [@Cao:2015cka; @Wang:2018gmj] due to the connection of field with axial anomaly. If only QCD interaction is included, the axial isospin currents is anomaly free. It turns out that anomaly emerges associated with the coupling of quarks to electromagnetism, where the axial isospin currents is given by $${\partial}_{\mu}j_{5}^{\,\mu 3}=-\frac{e^{2}}{16\pi^{2}}{\varepsilon}^{{\alpha}{\beta}\mu\nu}F_{{\alpha}{\beta}}F_{\mu\nu}\cdot{\hbox{tr}}{\left}[\tau^{3}Q^{2}{\right}].$$ Here $Q$ is the matrix of quark electric charges and $F$ is the field strength. The corresponding process is $\pi_{0}\to {\gamma}{\gamma}$. The decay of a neutral pion into two photons, which had been a puzzle for some time in the 1960s, is the most successful proof of chiral anomaly. Above solution led to the discovery of the Adler–Bell–Jackiw anomaly [@Adler:2004qt].
In the asymmetric flavor space, one can introduce a chiral isospin chemical potential $\mu_{I}^5$ corresponding to the current $\bar{\psi}{\gamma}_{0}{\gamma}_{5}\tau_{3}\psi$, which is similar to the isospin chemical potential $\mu_{I}$ with respect to $\bar{\psi}{\gamma}_{0}\tau_{3}\psi$. It has been a long history of investigating the pion condensation under the isospin asymmetric nuclear matter. In the beginning this effect is discussed for case nuclear matter in neutron-star interiors [@Sawyer:1972cq; @Sawyer:1973fv; @Voskresensky:1980nk] or superdense and supercharged nuclei [@Migdal:1978az]. The pion condensation of charged or neutral pion modes in QCD vacuum are also considered in the frameworks of effective models with quark degrees of freedom [@Son:2000xc; @He:2006tn; @Mao:2014hga; @Khunjua:2017khh] or in lattice calculations [@Brandt:2016zdy; @Brandt:2018bwq].
The degeneracy between $\pi_{0}$ and $\pi_{\pm}$ is destroyed because of the axial isospin chemical potential. It is worth to pursuing the detailed behaviors of charged pions in a strict manner. Hence, in this work, we focus on the possibility of charged pion condensation under the parallel electromagnetic fields in the framework of the ${\mathrm}{SU}(2) \times {\mathrm}{SU}(2)$ NJL model [@Nambu:1961tp; @Nambu:1961fr]. For this purpose, we develop a full routine to derive the mean-field thermodynamical potential of the NJL model with nonzero charged pion condensate ${\langle}\bar{\psi} i \gamma_5 \tau_{\pm} \psi {\rangle}$ in the off-diagonal flavor space under the parallel electromagnetic fields. Calculations are performed with Schwinger proper time method [@Schwinger:1951nm] and the proper time regularization in the NJL model is used. Through the paper we only consider the model at zero temperature and chemical potential and restrict ourselves to the case of the electric field anti-parallel to the magnetic field.
\[intr\]
Lagrangian {#NJL}
==========
The Lagrangian of the ${\mathrm}{SU}(2)\times {\mathrm}{SU}(2)$ NJL model is in the form of [@Nambu:1961tp; @Nambu:1961fr; @Volkov:1986zb; @Vogl:1991qt; @Klevansky:1992qe; @Hatsuda:1994pi; @Volkov:2005kw] $$\begin{aligned}
\mathcal{L}_{{\mathrm}{NJL}} = \bar{\psi}\left(i \slashed{D} - m_0 \right) \psi
+ \mathrm{G} \left[ \left( \bar{\psi} \psi \right)^2+ \left( \bar{\psi} i\gamma_5 \tau_i \psi \right)^2 \right],\end{aligned}$$ where $\bar{\psi}(x)=(\bar{u}(x),\bar{d}(x))$ are $u$ and $d$ anti-quark fields. The limit of equal current masses for $u,d$, $m_u=m_d\equiv m_{0}$ is considered. $\gamma_i$, $\tau_{i}$ are conventional Dirac and Pauli matrices and $\tau_{0}$ is the unit matrix. $\slashed{D}$ is the covariant derivative and, in the two flavor space, expressed as $$\begin{aligned}
D_{\mu}={\left}({\partial}_{\mu}-{\mathop{}\!i}QA_{\mu}{\right})\tau_{0}-{\mathop{}\!i}qA_{\mu}\tau_{3},\end{aligned}$$ where $Q=\frac{1}{2}{\left}(q_{u}+q_{d}{\right})$ and $q=\frac{1}{2}{\left}(q_{u}-q_{d}{\right})$.
Introducing auxiliary bosonic fields $\pi$, $\sigma$, with the help of Hubbard-Stratonovich transformation one can integrate over the quark fields, then obtains the following effective Lagrangian: $$\begin{aligned}
\mathcal{L} = \frac{\sigma^2+\vec{\pi}^2}{4\mathrm{G}}-{\mathop{}\!i}{\hbox{Tr}}\ln S^{-1}, \label{eLagrangian}\end{aligned}$$ where $S^{-1}$ is the inverse quark propagator and $$\begin{aligned}
S^{-1}= {\mathop{}\!i}\slashed{D} - M, \quad M=m_{0}\tau_{0}-\sigma\tau_{0}-{\mathop{}\!i}\gamma_5\pi_{i} \tau_i. \label{Propagator}\end{aligned}$$ The auxiliary bosonic fields could have a nonzero vacuum expectation values and therefore it is necessary to shift them as $\sigma = \sigma^\prime-{\langle}\sigma{\rangle}$, $\pi_{i}=\pi_{i}^\prime- {\langle}\pi_{i}{\rangle}$. Equations of motion for mean-fields ${\langle}\sigma{\rangle}$, ${\langle}\pi_{i}{\rangle}$ are obtained from the Lagrangian (\[eLagrangian\]) after elimination from its linear terms, i.e. $$\begin{aligned}
\frac{\delta \mathcal{L} }{\delta {\langle}\sigma{\rangle}}\biggl|_{\substack{ \sigma^\prime =0 \\ \pi_{i}^\prime=0 }}, \quad
\frac{\delta \mathcal{L} }{\delta {\langle}\pi_{i}{\rangle}}\biggl|_{\substack{ \sigma^\prime =0 \\ \pi_{i}^\prime=0 }} =0.\end{aligned}$$ As a result, under different conditions the ${\langle}{\sigma}{\rangle}$, ${\langle}\pi_{i}{\rangle}$ condensates have non-zero values and the non-zero value of scalar condensate leads to a formation of constituent quarks with dynamical quark mass $m=m_{0}-{\langle}{\sigma}{\rangle}$.
Let us denote the second term of effective Lagrangian (\[eLagrangian\]) as $\mathcal{S}_{eff}=-{\mathop{}\!i}{\hbox{Tr}}\ln S^{-1}$. Then the gap equations for ${\langle}{\sigma}{\rangle}$ and ${\langle}\pi_{i}{\rangle}$ takes the form $$\begin{aligned}
m=m_{0}-2\mathrm{G}\frac{\partial\mathcal{S}_{eff}}{\partial {\langle}\sigma{\rangle}},\quad
{\langle}\pi_{i}{\rangle}=-2\mathrm{G}\frac{\partial \mathcal{S}_{eff}}{\partial {\langle}\pi_{i}{\rangle}}.\end{aligned}$$
The calculation of $\mathcal{S}_{eff}$ is presented in the following section.
The effective potential {#main}
=======================
Without loss of generality, one can choose ${\langle}\pi_{i}{\rangle}={\left}(\pi_{1},0,0{\right})$ and therefore “mass” in quark propagator Eq.(\[Propagator\]) is $M=m\tau_{0}+{\mathop{}\!i}\pi_{1}{\gamma}_{5}\tau_{1}$. Since ${\mathrm}{Det}{\left}({\mathop{}\!i}\slashed{D}-M{\right})={\mathrm}{Det}\,{\Gamma}{\left}({\mathop{}\!i}\slashed{D}-M{\right}){\Gamma}$, where ${\Gamma}={\gamma}_{5}\tau_{3}$, the second term of the Lagrangian Eq.(\[eLagrangian\]) is replaced to $$\mathcal{S}_{eff}=-\frac{{\mathop{}\!i}}{2}\ln{\mathrm}{Det}{\left}(\slashed{\mathcal{D}}^{2}+m^{2}+\pi_{1}^{2}{\right}),$$ where $\slashed{\mathcal{D}}^{2}=\slashed{D}^{2}-{\gamma}_{5}{\gamma}^{\mu}\pi_{1}{\left}[\tau_{1},D_{\mu}{\right}]$.
By using the method of proper time, we represent $\mathcal{S}_{eff}$ as following: $$\label{eqn_seff}
\mathcal{S}_{eff}={\hbox{Tr}}\int\limits_{1/{\Lambda}^{2}}^{\infty}{\mathop{}\!i}\,\frac{{\mathop{}\!d}s}{2s}\int{\hbox{tr}}{\left}{\langle}x\big|{\mathop{}\!e}^{-{\mathop{}\!i}{\left}(\slashed{\mathcal{D}}^{2}+m^{2}+\pi_{1}^{2}{\right})s}\big|x'{\right}{\rangle}{\mathop{}\!d}^{4}x,$$ where the ultraviolet cutoff $1/{\Lambda}^{2}$ has been explicitly introduced, ${\hbox{tr}}$ and ${\hbox{Tr}}$ means the trace taking in the spinor and flavor space, respectively.
From now on, we will work in the Euclidean space. Following notations are introduced: $$\begin{aligned}
\label{AlBeLa}
& {\alpha}=m^{2}+\pi_{1}^{2}-\frac{1}{2}{\sigma}^{\mu\nu}{\lambda}_{\mu\nu},\quad
{\beta}_{\nu}=q\pi_{1}{\gamma}_{5}{\gamma}^{\mu}F_{\mu\nu}\tau_{2},\quad\nonumber \\
& {\lambda}_{\mu\nu}=q_{f}F_{\mu\nu},\end{aligned}$$ where $q_{f}={\mathrm}{Diag}(q_{u},q_{d})$ and ${\sigma}^{\mu\nu}=\frac{{\mathop{}\!i}}{2}{\left}[{\gamma}^{\mu},{\gamma}^{\nu}{\right}]$. In order to obtain $\mathcal{S}_{eff}$, it is then straightforward to look for the solution of $G(x,y;s)$ obeying a second order differential equation ${\left}(\slashed{\mathcal{D}}^{2}+m^{2}+\pi_{1}^{2}{\right})G{\left}(x,y;s{\right})={\delta}{\left}(x,y;s{\right})$. The explicit form is $$\begin{aligned}
\slashed{\mathcal{D}}^{2}+m^{2}+\pi_{1}^{2}&={\partial}^{2}_{x}+\alpha(y)+\beta_{\mu}(y){\left}(x-y{\right})^{\mu}+\nonumber\\
& +\frac{1}{4}{\lambda}^{2}_{\mu\nu}{\left}(x-y{\right})^{\mu}{\left}(x-y{\right})^{\nu}.\end{aligned}$$ Performing the Fourier transform, one finds, $$\begin{aligned}
\label{eqn_diff_p}
{\left}(-p^{2}+\alpha-{\mathop{}\!i}\beta_{\mu}\frac{{\partial}}{{\partial}p_{\mu}}-\frac{1}{4}{\lambda}^{2}_{\mu\nu}\frac{{\partial}^{2}}{{\partial}p_{\mu}{\partial}p_{\nu}}{\right})G(p;s)=1.\end{aligned}$$ As suggested in the the reference [@Brown:1975bc] one can solve the equation in the form $$\begin{aligned}
\label{eqn_G_pV2}
G(p;s)={\mathop{}\!e}^{-\alpha s}{\mathop{}\!e}^{ p\cdot A(s)\cdot p+B(s) \cdot p+C(s)},\end{aligned}$$ whose associated descriptions of matrix $A$, vector $B$ and scalar $C$ are $$\begin{aligned}
\label{eqn_sol_ABC}
&A={\lambda}^{-1}\tan{\lambda}s,\quad
B=-2{\mathop{}\!i}{\beta}\cdot{\lambda}^{-2}{\left}(1-\sec{\lambda}s{\right}),\\
&C=-\frac{1}{2}\,{\hbox{tr}}\ln\cos{\lambda}s-{\beta}\cdot{\lambda}^{-3}{\left}(\tan{\lambda}s-{\lambda}s{\right})\cdot{\beta}\nonumber.\end{aligned}$$ For simplicity here and below indexes are not shown.
Plugging the form of ${\beta}$ in Eq.(\[AlBeLa\]) into vector $B$ and restoring indexes one has $$\begin{aligned}
B_{\mu}=-2{\mathop{}\!i}q\pi_{1}\tau_{2}{\gamma}_{5}{\gamma}^{\nu}F_{\nu{\alpha}}{\left}[{\lambda}^{-2}{\left}(1-\sec{\lambda}s{\right}){\right}]^{{\alpha}}_{\mu}.\end{aligned}$$ Vector $B$ contains Dirac matrix, not commuting with ${\sigma}^{\mu\nu}$. Therefore, we emphasize that one should be careful with tracing in spinor space and integrating in momentum space. Introducing notations $P_{1}=\frac{1}{2}{\sigma}{\lambda}s$ and $P_{2}=p\cdot A(s)\cdot p+B(s) \cdot p$, one has ${\left}[{\sigma}{\lambda}s, p\cdot A(s)\cdot p{\right}]=0$ and the part with matrices in exponent Eq.(\[eqn\_G\_pV2\]) can be expanded as $$\begin{aligned}
&{\mathop{}\!e}^{P_{1}+P_{2}}\simeq {\mathop{}\!e}^{P_{1}}{\mathop{}\!e}^{P_{2}}{\mathop{}\!e}^{-\frac{1}{2}[P_{1},P_{2}]}=\nonumber \\
&\quad\quad={\mathop{}\!e}^{\frac{1}{2}{\sigma}{\lambda}s}{\mathop{}\!e}^{p\cdot A(s)\cdot p+B(s) \cdot p}{\mathop{}\!e}^{-\frac{1}{4}{\left}[{\sigma}{\lambda}s,B(s) \cdot p{\right}]}.\end{aligned}$$ We denote $-\frac{1}{4}{\left}[{\sigma}{\lambda}s,B(s) \cdot p{\right}]=\frac{1}{2}q\pi_{1} Os$, where $O$ has a structure of the form $O=Q\tau_{2}O_{1}\mathbb{B}_{1}p+q\tau_{1}O_{2}\mathbb{B}_{2}p$ and $\mathbb{B}$ will render in Eq. (\[Bdefinition\]). Shorthand matrix notation is applied, i.e. $\mathbb{F}=F_{\mu}^{\nu}$. To find the eigenvalue of $O$, we square it and get $$\begin{aligned}
O^{2}&=Q^{2}{\left}(\tau_{2}O_{1}\mathbb{B}_{1}p{\right})^{2}+q^{2}{\left}(\tau_{1}O_{2}\mathbb{B}_{2}p{\right})^{2} -\nonumber \\
&-{\mathop{}\!i}qQ\tau_{3}{\left}[O_{1}\mathbb{B}_{1}p,O_{2}\tilde{\mathbb{B}}_{2}p{\right}],\\
&O_{1}={\mathop{}\!i}{\left}[{\sigma}_{\mu\nu},{\gamma}_{5}{\gamma}^{{\alpha}} {\right}]=2{\gamma}_{5}g_{\nu}^{{\alpha}}{\gamma}_{\mu}-2{\gamma}_{5}g_{\mu}^{{\alpha}}{\gamma}_{\nu},\nonumber\\
&O_{2}={\left}\{{\sigma}_{\mu\nu},{\gamma}_{5}{\gamma}^{{\alpha}}{\right}\}=-2{\varepsilon}^{{\alpha}{\beta}}_{\;\mu\nu}{\gamma}_{{\beta}}.\nonumber\end{aligned}$$ With help of relation $\tau_{2}q_{f}\tau_{2}={\mathrm}{Diag}{\left}(q_{d}, q_{u}{\right})=\tilde{q}_{f}$, the $\tilde{\mathbb{B}}{\left}(\mathbb{B}{\right})$ are shown as $$\begin{aligned}
\label{Bdefinition}
&\tilde{\mathbb{B}}_{1}{\left}(\mathbb{B}_{1}{\right})=\frac{1}{\mathsf{q}^{2}}{\left}[1-\sec \mathsf{q}\mathbb{F}s{\right}],\quad \nonumber \\
&\tilde{\mathbb{B}}_{2}{\left}(\mathbb{B}_{2}{\right})=
\frac{\bar{\mathbb{F}}\mathbb{F}}{\mathbb{F}^{2}}
\frac{1}{\mathsf{q}^{2}}
{\left}[1-\sec\mathsf{q}\mathbb{F}s{\right}],\end{aligned}$$ where $\mathsf{q}=\tilde{q}_{f}$ or $q_{f}$ for $\tilde{\mathbb{B}},\mathbb{B}$ respectively; $\mathbb{F}$ and $\bar{\mathbb{F}}$ are field strength tensor $F^{\mu\nu}$ and dual field strength tensor $\bar{F}^{\mu\nu}=\frac{1}{2}{\varepsilon}^{\mu\nu{\alpha}{\beta}}F_{{\alpha}{\beta}}$, in shorthand notations. Moreover, ${\left}(\tau_{2}O_{1}\mathbb{B}_{1}p{\right})^{2}=-16\mathbb{B}_{1}\tilde{\mathbb{B}}_{1}p^{2}$, ${\left}(\tau_{1}O_{2}\mathbb{B}_{2}p{\right})^{2}=16\mathbb{B}_{2}\tilde{\mathbb{B}}_{2}p^{2}$ and $[O_{1}\mathbb{B}_{1}p,O_{2}\tilde{\mathbb{B}}_{2}p]=-32{\gamma}_{5}\mathbb{B}_{1}\tilde{\mathbb{B}}_{2}p^{2}$.
Applying the system that in a Lorentz frame where the electromagnetic field vectors are anti-parallel, e.g., ${\mathbf}{B}=-{\mathbf}{E}=f\hat{z}$, one gets $\mathbb{F}^{2}=f^2\,{\mathrm}{Diag}{\left}(-,+,+,-{\right})$ and $\bar{\mathbb{F}}\mathbb{F}=-f^2{\delta}_{\mu\nu}$ in Euclidean metric $(-,-,-,-)$, hence that $\bar{\mathbb{F}}\mathbb{F}/\,\mathbb{F}^{2}=f^{2}\mathbb{F}^{-2}$. Besides, ${\left}[1-\sec\mathsf{q}\mathbb{F}s{\right}]$ contains even powers of $\mathbb{F}$. It causes $O^{2}=-16Q^{2}\mathsf{p}_{1}^{2}+16q^{2}\mathsf{p}_{2}^{2}+32{\mathop{}\!i}{\gamma}_{5}Qq\mathsf{p}_{1}\cdot\mathsf{p}_{2}$ in a simply manner, where $\mathsf{p}_{1}=p_{\shortparallel}+p_{\perp}$, $\mathsf{p}_{2}=p_{\shortparallel}-p_{\perp}$, $p_{\shortparallel}=b_{\shortparallel}(p_{0},0,0,p_{3})$ and $p_{\perp}=b_{\perp}(0,p_{1},p_{2},0)$. The forms of $b_{\shortparallel}$ and $b_{\perp}$ are taken as $$\label{eqn_b03}
b_{\shortparallel}=\frac{(1-\sec q_{f}s)^{\frac{1}{2}}(1-\sec\tilde{q}_{f}s)^{\frac{1}{2}}}{q_{f}\tilde{q}_{f}},$$ $$\label{eqn_b12}
b_{\perp}=\frac{(1-\operatorname{sech}q_{f}s)^{\frac{1}{2}}(1-\operatorname{sech}\tilde{q}_{f}s)^{\frac{1}{2}}}{q_{f}\tilde{q}_{f}}.$$ Here and below in we rescale the integration variable as $s=s^\prime/f$ and omit prime. Because ${\gamma}_{5}^{2}=1$ associated with eigenvalue $\pm 1$, it follows that $O$ has four eigenvalues [@Schwinger:1951nm], written as $$\begin{aligned}
\label{eqn_O_squar}
\mathcal{O}=\pm 4{\left}({\mathop{}\!i}Q\mathsf{p}_{1}\pm q\tau_{3}\mathsf{p}_{2}{\right}).\end{aligned}$$
Let ${\theta}=q\pi_{1} s/f$, one has $$\begin{aligned}
{\hbox{tr}}\,{\mathop{}\!e}^{\frac{1}{2}{\theta}O}=\mathsf{T}=\cos{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\cosh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right}),\end{aligned}$$ which follow the method applied in [@dittrich2000probing]. The full statement is that $$\begin{aligned}
\label{eqn_O_exp}
\exp{\left}[\frac{1}{2}{\theta}O{\right}]=\mathsf{T}+{\mathop{}\!i}{\gamma}_{5}\mathsf{U}+\frac{O\mathsf{V}}{2K^{2}}+\frac{{\mathop{}\!i}{\gamma}_{5}O\mathsf{W}}{2K^{2}},\end{aligned}$$ where $K^{2}=\mathsf{p}_{1}^{2}=\mathsf{p}_{2}^{2}$. $\mathsf{T}, \mathsf{U}, \mathsf{V}$ and $\mathsf{W}$ are scalars. Similarly, $$\begin{aligned}
\label{eqn_F_exp}
\exp{\left}[q_{f}\frac{{\sigma}Fs}{2f}{\right}]=\mathsf{P}-{\mathop{}\!i}{\gamma}_{5}\mathsf{Q}+\frac{{\sigma}F}{2f}\,\mathsf{R}-\frac{{\mathop{}\!i}{\gamma}_{5}{\sigma}F}{2f}\,\mathsf{S}.\end{aligned}$$ Since $$\begin{aligned}
{\hbox{tr}}{\left}(O^{2}{\mathop{}\!e}^{\frac{1}{2}{\theta}O}{\right})=\frac{{\partial}^{2}}{{\partial}^{2}{\theta}}{\hbox{tr}}{\left}(4{\mathop{}\!e}^{\frac{1}{2}{\theta}O}{\right})=4\frac{{\partial}^{2}\mathsf{T}}{{\partial}^{2}{\theta}},\end{aligned}$$ apply the identity of [Eq. (\[eqn\_O\_squar\])]{}, it derives that $$\begin{aligned}
\mathsf{U}=\sin{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\sinh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right}).\end{aligned}$$ Proceeding with the direct differentiation of the exponential function via our basic trick, we get $$\begin{aligned}
&\mathsf{V}=\frac{1}{Q^{2}+q^{2}}
\biggl(Q\mathsf{p}_{1}\sin{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\cosh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right})+\nonumber\\
&\quad\quad\quad+\tau_{3}q\mathsf{p}_{2}\cos{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\sinh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right})\biggr), \nonumber\\
&\mathsf{W}=\frac{1}{Q^{2}+q^{2}}
\biggl(\tau_{3}q\mathsf{p}_{2}\sin{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\cosh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right})-\nonumber\\
&\quad\quad\quad-Q\mathsf{p}_{1}\cos{\left}(2Q{\theta}\mathsf{p}_{1}{\right})\sinh{\left}(2\tau_{3}q{\theta}\mathsf{p}_{2}{\right})\biggr).\end{aligned}$$ Known in [@dittrich2000probing], one has $$\begin{aligned}
&\mathsf{P}=\cos q_{f}s\cosh q_{f}s,\, \mathsf{Q}=\sin q_{f}s\sinh q_{f}s \nonumber\\
&\mathsf{R}=(\sinh q_{f}s\cos q_{f}s+\cosh q_{f}s\sin q_{f}s)/2,\\
&\mathsf{S}=(\sinh q_{f}s\cos q_{f}s-\cosh q_{f}s\sin q_{f}s)/2.\nonumber\end{aligned}$$ Then, we perform an approximate expansion $$\begin{aligned}
\label{eqn_ap2bp}
&{\mathop{}\!e}^{ p\cdot A(s)\cdot p+B(s)\cdot p}\simeq
{\mathop{}\!e}^{p\cdot A(s)\cdot p}{\mathop{}\!e}^{B(s)\cdot p}
\\
&={\mathop{}\!e}^{ p\cdot A(s)\cdot p}{\left}(\cos\varrho
+B(s) \cdot p\frac{\sin\varrho}{\varrho}{\right})\nonumber
\end{aligned}$$ where $\varrho=2q\pi_{1}k/f$ and $k={\left}(\mathsf{p}_{1}\cdot\mathsf{p}_{2}{\right})^{\frac{1}{2}}$. Now, it is allowed us to integrate with respect to $p$ and take the trace in the spinor space. With help of the [Eq. (\[eqn\_O\_exp\])]{}, [Eq. (\[eqn\_F\_exp\])]{} and [Eq. (\[eqn\_ap2bp\])]{}, one has $$\begin{aligned}
L(s)&={\hbox{tr}}\int{\mathop{}\!e}^{\frac{1}{2f}{\sigma}{\lambda}s}{\mathop{}\!e}^{p\cdot A(s)\cdot p+B(s)\cdot p}{\mathop{}\!e}^{-\frac{1}{4f}{\left}[{\sigma}{\lambda}s,B(s) \cdot p{\right}]}{\mathop{}\!d}^{4}p \nonumber\\
&=L_{0}(s)+L_{1}(s)+L_{2}(s).\end{aligned}$$ Here ${\langle}X{\rangle}$ denotes integrating in momentum and tracing in spinor space ${\hbox{tr}}\int X{\mathop{}\!e}^{p\cdot A\cdot p}{\mathop{}\!d}^{4}p$. It gives $$\begin{aligned}
&L_{0}(s)={\left}{\langle}\cos\varrho\mathsf{T}\mathsf{P}{\right}{\rangle}, \, \,
L_{1}(s)={\left}{\langle}\cos\varrho\mathsf{U}\mathsf{Q}{\right}{\rangle}, \, \, L_{2}(s)=\\
&={\left}< \frac{2\tilde{q}_{f}\sin\varrho}{K^{2}k}
{\left}[q_{f}K^{2}{\left}(\mathsf{W}\mathsf{S}-\mathsf{V}\mathsf{R}{\right})+\tilde{q}_{f}k^{2}{\left}(\mathsf{V}\mathsf{S}+\mathsf{W}\mathsf{R}{\right}){\right}]{\right}>. \nonumber\end{aligned}$$ The integration with respect to momentum $p$ is in the Gaussian form, which can be taken easily with result $$\begin{aligned}
&{\langle}1{\rangle}=\mathcal{N}=\pi^{2}{\mathrm}{Det}A^{-\frac{1}{2}},\,A={\mathrm}{Diag}{\left}(a_{\shortparallel}, a_{\perp}, a_{\perp}, a_{\shortparallel}{\right})\nonumber\\
&{\langle}K^{2}{\rangle}=\frac{\mathcal{N}}{2}\,{\hbox{tr}}{\left}(\frac{D_{+}}{A}{\right}),\,
{\langle}k^{2}{\rangle}=\frac{\mathcal{N}}{2}\,{\hbox{tr}}{\left}(\frac{D_{-}}{A}{\right})\end{aligned}$$ The matrices $D_{\pm}={\mathrm}{Diag}{\left}(b^{2}_{\shortparallel}, \pm b^{2}_{\perp}, \pm b^{2}_{\perp}, b^{2}_{\shortparallel}{\right})$, which read from [Eq. (\[eqn\_b03\])]{} and [Eq. (\[eqn\_b12\])]{}. From [Eq. (\[eqn\_sol\_ABC\])]{}, one has $a_{\shortparallel}=\tan q_{f}s/{\left}(q_{f} f{\right})$ and $a_{\perp}=\tanh q_{f}s/{\left}(q_{f} f{\right})$. The higher orders corrections ${\langle}K^{4}{\rangle}$, ${\langle}k^{4}{\rangle}$ and $ {\langle}k^{2}K^{2}{\rangle}$ can be drawn in a similar manner, which are abbreviated here. Since ${\theta}p\sim\pi_{1}ps/f\sim \pi_{1}p/{\Lambda}^{2}\ll 1$ and the integration is exponential suppressed for large $s$, it enables us to approximate $\sin(a{\theta}p)$, $\sinh(a{\theta}p)\sim a{\theta}p$ and $\cos(a{\theta}p)$, $\cosh(a{\theta}p)\sim 1$. Hence, it acquires $\mathsf{T}\sim 1$, $\mathsf{U}\sim k^{2}s$, $\mathsf{V}\sim K^{2}s$ and $\mathsf{W}\sim K^{2}k^2 s$. Finally, take the integration with respect to $s$ to get $$\begin{aligned}
\label{eqn_eff_potentioal}
&\mathcal{S}_{eff}= {\mathcal}{S}_{eff}^{0}+{\mathcal}{S}_{eff}^{1}+{\mathcal}{S}_{eff}^{2}, \\
&{\mathcal}{S}_{eff}^{i}=\frac{N_c }{4\pi^{2}}{\hbox{Tr}}\int_{f/{\Lambda}^{2}}^{\infty} \frac{{\mathop{}\!d}s}{2s} {\mathop{}\!e}^{-h(s)} S_{eff}^{i}(s),\quad \nonumber \end{aligned}$$ where $-h(s)=-(m^{2}+\pi_{1}^{2})s/f+{C}(s)-\frac{1}{2}\ln{\hbox{tr}}{A}$, and $$\begin{aligned}
&{C}(s)-\frac{\ln{\hbox{tr}}{A}}{2}=
-\ln\frac{\sin q_{f}s\sinh q_{f}s}{q_{f}^{2}f^{2}}\nonumber\\
&\quad\quad\quad-\frac{2q^{2}{\pi_{1}}^{2}}{\tilde{q}_{f}^{3}f}{\left}(2\tilde{q}_{f}s-\tan \tilde{q}_{f}s-\tanh \tilde{q}_{f}s{\right}).\end{aligned}$$ The detailed integrands $S_{eff}^{i}(s)$ are $$\begin{aligned}
&S_{eff}^{0}(s) = \mathsf{P},\quad \nonumber \\
&S_{eff}^{1}(s) =4 \tau_{3} \frac{Q q^3\pi_{1}^2 s^2}{f^2{\mathcal}{N}}\frac{}{}{\left}{\langle}k^2{\right}{\rangle}\mathsf{Q} ,\quad \label{exprS2} \\
&S_{eff}^{2}(s) =\frac{8\tilde{q}_{f}q^2\pi_{1}^2 s}{f^2{\mathcal}{N}}
{\left}(-q_{f}{\left}{\langle}K^2{\right}{\rangle}\mathsf{R}+\tilde{q}_{f}{\left}{\langle}k^2{\right}{\rangle}\mathsf{S}{\right})
+\nonumber\\
&\quad\quad+\tau_{3} \frac{32\tilde{q}_{f} Qq^5 \pi_{1}^4 s^3}{3f^4{\mathcal}{N}}
{\left}(q_{f}{\left}{\langle}K^2k^2{\right}{\rangle}\mathsf{S}+\tilde{q}_{f}{\left}{\langle}k^4{\right}{\rangle}\mathsf{R}{\right}).\nonumber \end{aligned}$$
Eventually, we have the effective potential which takes the following form: $$\begin{aligned}
\Omega = \frac{(m-m_{0})^2+\pi_1^2}{4\mathrm{G}} + \mathcal{S}_{eff}.\end{aligned}$$
Numerical results
=================
The NJL model is nonrenormalizable and therefore the UV cut-off should be employed in order to get reasonable results, where a proper time regularization is applied in the work, i.e., the integration with respect to $s$ start from $f/{\Lambda}^{2}$. We perform calculations of integral expression for $\mathcal{S}_{eff}$ in Eq. (\[eqn\_eff\_potentioal\]) numerically. In the limit of zero field $f$ the expression leads to the usual proper-time regularization scheme of NJL model. Therefore, for numerical estimation we use the model parameterization from Ref. [@Inagaki:2015lma]. Namely, in [@Inagaki:2015lma] there are five sets of model parameters for proper-time regularization scheme which are fitted in favor of observable values of pion mass and weak pion decay constant. For convenience we present them in Table 1. In the set 1 the constituent quark mass is $178$ MeV and for set 5 is $372$ MeV. The constituent quark masses for other parameterizations are in between these two cases. Therefore, one can consider set 1 and set 5 as limited cases for the predictions of the NJL model.
Set $m_0$\[MeV\] $\Lambda$\[MeV\] G\[GeV$^{-2}$\] $m$\[MeV\]
----- -------------- ------------------ ----------------- ------------ -- -- --
1 3.0 1464 1.61 178
2 5.0 1097 3.07 204
3 8.0 849 5.85 245
4 10.0 755 8.13 265
5 15.0 645 17.2 372
: Parameters of the NJL model in the proper-time regularization taken from [@Inagaki:2015lma].
\[TableParameters\]
The important point of calculation is that integrand of $\mathcal{S}_{eff}$ contain singularities and one should specify how to deal with them. The singularities which are generated by trigonometric functions tangent and cotangent of $q_i s$ for quark flavor i are located at real axis and by hyperbolic functions at imaginary axis. We shift $s$ to the complex plane $s+i\epsilon$, see Fig. \[ContTikz\], since we prefer to running a numerical calculation of integral instead of residues summation like what used in [@Inagaki:2003ac; @Ruggieri:2016xww]. In principle, the effective potential at finite $f$ acquires an imaginary part which correspond to pair-production because of Schwinger mechanism [@Schwinger:1951nm; @Tavares:2018poq; @Cao:2015dya]. We figure out that the imaginary part is smaller than the real part in current work. Plus, the subtle effect of Schwinger mechanism is out of the scope of the present paper and will not discuss here.
![Contour on complex $s$-plane. Singularities for a quark of flavor i which are related to tangent are shown by open circles while filled circles correspond to those of cotangent $\cot(q_i s)$.[]{data-label="ContTikz"}](ContTikz2){width="47.00000%"}
In Figs. \[Scan5ff001\], \[Scan5ff010\], \[Scan5ff035\], the behavior of effective potential for Set 5 of model parameters is plotted for field values $f=0.01,0.2,0.450$ GeV$^2$, respectively. We found the following typical behavior for three regions: 1) For small field $f=0.01$ GeV$^2$ as shown in Fig. \[Scan5ff001\], the system is in usual (almost vacuum) chiral symmetry breaking phase with nonzero sigma condensate and zero pion condensate; 2) For moderate field $f=0.2$ GeV$^2$, seen in Fig. \[Scan5ff010\], the additional minima appears in the effective potential and the system takes a chiral rotation in $\sigma -\pi_1$ plane to have a nonzero pion condensate, $\pi_1$; 3) For large field $f=0.450$ GeV$^2$, read from Fig. \[Scan5ff035\], the minimum with $\pi_1=0$ is energetically favorable.
There are two sources to break the chiral symmetry: spontaneous chiral symmetry breaking due to presence of quark condensate ${\langle}\bar{\psi} \psi {\rangle}$ and explicit chiral symmetry breaking due to nonzero current quark mass in the Lagrangian. Therefore, we investigate not only the reality situation but also for $m_0\to 0$. To systematically perform this task, we vary $m_{0}$ and recalculate $m$ while $\mathrm{G}$ and $\Lambda$ have the same values, i.e. we consider $m$ as a function of $m_{0}$ [@Bernard:1992mp]. In the following we denote the physical value of current quark mass as $m_{0}^\star$. The behaviors of $m$ and $\pi_1$ as a function of field $f$ are presented in Fig. \[Set1Set5MassDelta\] for different values of ratio $m_{0}/m_{0}^\star=0.01,0.1,0.5,1.0$. The left and right sides are obtained by model parameter sets 1 and 5, respectively. It is straightforward to figure out that for small current quark mass the system is more preferable to chirally rotate from zero to nonzero value $\pi_1$, leaving the total order parameter of chiral symmetry breaking $|M|=\sqrt{m^2+\pi_1^2}$ unchanged. With increasing of $m_{0}$ the situation becomes more complicated. The phase of pion condensation even never show up for $m_{0}=m_{0}^\star$ in the model parameter Set 1.
Conclusions {#con}
===========
In this paper the charged pion condensation under the parallel electromagnetic fields is calculated in the framework of the NJL model by using Schwinger proper-time method. The configuration of field is chosen, the electric field being anti-parallel to the magnetic one, to have a zero first Lorentz invariant, $I_{1}=\mathbf{E}^{2}-\mathbf{B}^{2}$, and a nonzero second Lorentz invariant, $I_2=\mathbf{E} \cdot \mathbf{B}$.
We find that in the chiral limit the system is favorable to form a both nonzero condensation of scalar and charged pion, i.e. rotating in the chiral group. Chiral condensates aligning to pseudo mesons space has been found in [@Cao:2015cka] by the methods of $\chi{\mathrm}{PT}$ and NJL model, where the system is immediately straighten up $\pi_0$ direction in the chiral limit once the second Lorentz invariant $I_2$ turned on. The main difference of charged condensation is that the system will across a weakly first order phase transition to zero pion condensate and then a second order phase transition to chirally symmetric phase as the field strength increasing, while it, characterizing by $\pi_{0}$, is a whole second order phase transition as shown in [@Cao:2015cka]. The underlying mechanism are two folds. One is the obviously coupling between charged pions and electromagnetism. Another reason is that a more complicated influence of anomalous diagrams are implicitly included, not only $\pi_0\rightarrow\gamma\gamma$ but also $\gamma\rightarrow \pi_+\pi_-\pi_0$.
Indeed, if assuming condensation in the neutral channel ${\langle}\sigma{\rangle}$ nears a second order phase transition, its effective potential has the form ${\mathcal}{S}_{eff}^{0}\sim -c_{0}M^{2}+c_{1}M^{4}/f$ according to Ginzburg-Landau theory [@Ginzburg:1950sr]. However, if we include $\pi_{\pm}$ as an additional degree of freedom and non-degenerate with $\pi_{0}$, read from [Eq. (\[eqn\_eff\_potentioal\])]{}, the potential arranges as: ${\mathcal}{S}_{eff}^{2}\sim -\tilde{c}_{1}M^{4}/f+c_{2}M^{6}/f^{2}$. As a result, we have a weakly first order phase transition and effective potential in the form of $$\begin{aligned}
{\Omega}=\frac{M^{2}}{4 \mathrm{G}}-c_{0}M^{2}+\frac{{\left}(c_{1}-\tilde{c}_{1}{\right})M^{4}}{f}+\frac{c_{2}M^{6}}{f^{2}}.\end{aligned}$$ Our numerical simulations support these arguments, read from Figs. \[Scan5ff001\], \[Scan5ff010\], \[Scan5ff035\]. The mass of current quarks plays an important role and it denies our claim at some regions of the model parameters. It requires a further study via the first principle calculation, such as Dyson-Schwinger equation or functional renormalization group methods.
Application of the charged pion condensation to the case heavy-ion collisions or neutron stars interior need an extension to finite temperature and/or chemical potential. We will explore this extension in future.
Acknowledgments {#Ackn}
===============
We are grateful to Maxim Chernodub, Nikolai Kochelev, Marco Ruggieri and Pengming Zhang for the useful discussions. J.Y.C. is supported by the NSFC under Grant number: 11605254 and Major State Basic Research Development Program in China (No. 2015CB856903). M.H. is supported by the NSFC under Grant No. 11725523, 11735007 and 11261130311(CRC 110 by DFG and NSFC). A.R. is supported by the CAS President’s international fellowship initiative (Grant No. 2017VMA0045), Council for Grants of the President of the Russian Federation (project NSh-8081.2016.9) and numerical calculations are performed on computing cluster “Akademik V.M. Matrosov” (http://hpc.icc.ru).
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[10]{}
J. Cleymans, R. V. Gavai, E. Suhonen, Phys. Rept. [**130**]{} (1986) 217. M. Buballa, Phys. Rept. [**407**]{} (2005) 205. M. Buballa, S. Carignano, Prog. Part. Nucl. Phys. [**81**]{} (2015) 39. J. O. Andersen, P. Kneschke, [](http://arxiv.org/abs/1802.01832).
D. E. Kharzeev, L. D. McLerran, H. J. Warringa, Nucl. Phys. A [**803**]{} (2008) 227. V. Skokov, A. [Yu]{}. Illarionov, V. Toneev, Int. J. Mod. Phys. A [**24**]{} (2009) 5925. K. Hattori, X.-G. Huang, Nucl. Sci. Tech. [**28**]{} (2) (2017) 26. J. O. Andersen, W. R. Naylor and A. Tranberg, Rev. Mod. Phys. [**88**]{} (2016) 025001. V. A. Miransky and I. A. Shovkovy, Phys. Rept. [**576**]{} (2015) 1. X. G. Huang, Rept. Prog. Phys. [**79**]{}, no. 7 (2016) 076302. W. -T. Deng and X. -G. Huang, Phys. Rev. C [**85**]{} (2012) 044907. R. C. Duncan, C. Thompson, Astrophys. J. [**392**]{} (1992) L9. D. Blaschke, N. Chamel, [](http://arxiv.org/abs/1803.01836).
S. P. Klevansky and R. H. Lemmer, Phys. Rev. D [**39**]{} (1989) 3478. K. G. Klimenko, Theor. Math. Phys. [**89**]{} (1992) 1161 \[Teor. Mat. Fiz. [**89**]{} (1991) 211\]. V. P. Gusynin, V. A. Miransky and I. A. Shovkovy, Nucl. Phys. B [**462**]{} (1996) 249. V. P. Gusynin, V. A. Miransky and I. A. Shovkovy, Nucl. Phys. B [**563**]{} (1999) 361. G. S. Bali, F. Bruckmann, G. Endrodi, Z. Fodor, S. D. Katz, S. Krieg, A. Schafer and K. K. Szabo, JHEP [**1202**]{} (2012) 044. G. S. Bali, F. Bruckmann, G. Endrodi, Z. Fodor, S. D. Katz and A. Schafer, Phys. Rev. D [**86**]{} (2012) 071502. G. S. Bali, F. Bruckmann, G. Endrodi, F. Gruber and A. Schaefer, JHEP [**1304**]{} (2013) 130. D. Kharzeev and A. Zhitnitsky, Nucl. Phys. A [**797**]{} (2007) 67. K. Fukushima, D. E. Kharzeev and H. J. Warringa, Phys. Rev. D [**78**]{} (2008) 074033 . M. N. Chernodub, Phys. Rev. D [**82**]{} (2010) 085011. M. N. Chernodub, Phys. Rev. Lett. [**106**]{} (2011) 142003 . G. Cao, X.-G. Huang, Phys. Lett. B [**757**]{} (2016) 1. L. Wang, G. Cao, X. G. Huang and P. Zhuang, Phys. Lett. B [**780**]{} (2018) 273.
S. L. Adler, [Anomalies to all orders]{}, in: G. ’t Hooft (Ed.), 50 years of Yang-Mills theory, 2005, pp. 187–228. R. F. Sawyer, Phys. Rev. Lett. [**29**]{} (1972) 382. R. F. Sawyer, D. J. Scalapino, Phys. Rev. D [**7**]{} (1973) 953. D. N. Voskresensky, N. [Yu]{}. Anisimov, Sov. Phys. JETP [**51**]{} (1980) 13 \[Zh. Eksp. Teor. Fiz. [**78**]{} (1980) 28\].
A. B. Migdal, Rev. Mod. Phys. [**50**]{} (1978) 107. D. T. Son and M. A. Stephanov, Phys. Rev. Lett. [**86**]{} (2001) 592. L. He, M. Jin and P. Zhuang, Phys. Rev. D [**74**]{} (2006) 036005. S. Mao, Phys. Rev. D [**89**]{} (2014) 116006. T. G. Khunjua, K. G. Klimenko, R. N. Zhokhov, V. C. Zhukovsky, Phys. Rev. D [**95**]{} (2017) 105010. B. B. Brandt, G. Endrodi, PoS [**LATTICE2016**]{} (2016) 039.
B. B. Brandt, G. Endrodi, E. S. Fraga, M. Hippert, J. Schaffner-Bielich, S. Schmalzbauer, [](http://arxiv.org/abs/1802.06685).
Y. Nambu, G. Jona-Lasinio, Phys. Rev. [**122**]{} (1961) 345. Y. Nambu, G. Jona-Lasinio, Phys. Rev. [**124**]{} (1961) 246. J. S. Schwinger, Phys. Rev. [**82**]{} (1951) 664. M. K. Volkov, Sov. J. Part. Nucl. [**17**]{} (1986) 186, \[Fiz. Elem. Chast. Atom. Yadra [**17**]{} (1986) 433\].
U. Vogl, W. Weise, Prog. Part. Nucl. Phys. [**27**]{} (1991) 195. S. P. Klevansky, Rev. Mod. Phys. [**64**]{} (1992) 649. T. Hatsuda, T. Kunihiro, Phys. Rept. [**247**]{} (1994) 221. M. K. Volkov, A. E. Radzhabov, Phys. Usp. [**49**]{} (2006) 551. M. R. Brown, M. J. Duff, Phys. Rev. D [**11**]{} (1975) 2124. W. Dittrich and H. Gies, [*Probing the quantum vacuum: perturbative effective action approach in quantum electrodynamics and its application*]{} (2000), Springer Science & Business Media.
H. Kohyama, D. Kimura, T. Inagaki, Nucl. Phys. B [**896**]{} (2015) 682. T. Inagaki, D. Kimura, T. Murata, Int. J. Mod. Phys. A [**20**]{} (2005) 4995. M. Ruggieri, Z. Y. Lu, G. X. Peng, Phys. Rev. D [**94**]{} (2016) 116003.
W. R. Tavares, S. S. Avancini, [](http://arxiv.org/abs/1801.10566).
G. Cao, X.-G. Huang, Phys. Rev. D [**93**]{} (2016) 016007. V. Bernard, A. A. Osipov, U. G. Meissner, Phys. Lett. B [**285**]{} (1992) 119. V. L. Ginzburg, L. D. Landau, Zh. Eksp. Teor. Fiz. [**20**]{} (1950) 1064.
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Q:
C++ ODBC SQL_ATTR_PARAMS_STATUS_PTR missing in header
I am trying to bind a structure with Rowset binding ala:
http://msdn.microsoft.com/en-us/library/aa215456(v=sql.80).aspx
THIS IS AN MSDN TYPO!
A:
It's in sqlext.h, so:
#include "sqlext.h"
Unless you wish to have the difference between sql.h and sqlext.h as your specialist subject in a quiz program, you are better off always #including both of them, without thinking.
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"pile_set_name": "StackExchange"
}
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Fixed and Variable Costs
There are two main types of cost which are Fixed or Variable costs. If something is being manufactured it consists of both fixed and variable costs. Fixed costs are those cost that do not change based on a quantity. That basically means the cost is fixed if you product 1 or 1000 pieces. Some of these costs would be security, taxes, insurance and administration costs. These costs are called Fixed because they do not vary with the quantity being manufactured or the level of production. Variable costs do vary based on quantity and level of production. Some examples of variable costs are direct material and direct labor costs.
There is a third category of fixed and variable costs which is often referred to as mixed costs. Mixed costs are simple costs that are part variable and part fixed. Example would be a heating oil or gas, there is a fixed amount that would be used regardless if the machines are running just to keep the building warm. The variable costs would be the amount of oil consumed by the machine.
MIE Solutions provides a great solution to manage and organize all the costs required including both fixed and variable costs.
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Author: MIE Solutions
David Ferguson has over 20 years of experience in the manufacturing and fabrication industry. David Ferguson has been to over 100 manufacturing companies helping and guiding them to be more efficient and cost effective.
As a child in Junior High School David Ferguson found a passion for the early computer systems, which would drive much of his future work. David Ferguson created and sold his first computer program, Arrow Data Systems, which was an early CAD/CAM system for the Apple 2e Computer. In the late 1980's after seeing his father (a sheet metal manufacturer) come home many nights estimating, David Ferguson saw an opportunity to optimize his effort through computer technology. Shortly thereafter the FabriTRAK Production Control package was developed. The Quote It! estimating package was developed out of the FabriTRAK system to become one of the leading sheet metal estimating packages in the world. David Ferguson has always had a passion for developing software to make the manufacturing process simpler, faster and more efficient.
Prior to founding MIE Solutions David Ferguson worked with his father at Alco Sheet Metal, METALSOFT Inc. and was a consultant at Toyota Motors Sales. David Ferguson has his Masters in Computer Science and Mathematics from California State University, Long Beach.
View all posts by MIE Solutions
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"pile_set_name": "Pile-CC"
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---
author:
- 'Kenneth M. Lanzetta$^{1}$, H.-W. Chen$^{1}$, S. Pascarelle$^{1}$, N. Yahata$^{1}$'
---
[$^{1}$ State University of New York at Stony Brook, Stony Brook, U.S.A.]{}
Here we describe our attempts to establish statistically complete samples of very high redshift galaxies by obtaining photometric redshifts of galaxies in Medium Deep Survey (MDS) fields and photometric and spectroscopic redshifts of galaxies in very deep STIS slitless spectroscopy fields. On the basis of this analysis, we have identified galaxies of redshift $z = 4.92$ in an MDS field and of redshift $z = 6.68$ in a very deep STIS field.
Introduction
============
Our photometric redshift technique applied to observations of the Hubble Deep Field (HDF) has identified galaxies at redshifts up to and beyond $z = 6$ ([@lyf96], [@fly98]). The recent confirmation of two of these measurements at redshifts $z > 5$ ([@weymann98], [@spinrad98]) has established that broad-band redshift measurement techniques can accurately and reliably identify high-redshift galaxies—not only in a general sense, distinguishing high- from low-redshift galaxies, but also in a specific sense, establishing redshifts to within relative errors of typically $\Delta z / (1+z)
< 15\%$.
Building on the success of the broad-band redshift measurement techniques, we have sought to establish statistically complete samples of very high redshift galaxies by means of four distinct methods applied to four distinct collections of observations: (1) photometric redshifts of galaxies in the HDF, (2) photometric redshifts of galaxies in Medium Deep Survey (MDS) fields, (3) photometric and spectroscopic redshifts of galaxies in very deep STIS slitless spectroscopy fields, and (4) photometric redshifts of infrared detected (and optical non-detected) galaxies in the HDF. In principle, the optical-wavelength observations are sensitive to galaxies at redshifts as large as $z \approx 7$, while the infrared-wavelength observations are sensitive to galaxies at redshifts as large as $z \approx 17$.
Here we describe initial results of the second and third of these programs, namely of photometric redshifts of galaxies in MDS fields and photometric and spectroscopic redshifts of galaxies in very deep STIS slitless spectroscopy fields.
Photometric redshifts of galaxies in MDS fields
===============================================
First, we have sought to measure photometric redshifts of galaxies in MDS fields. The MDS ([@ratnatunga98]) currently spans more than 450 fields, which have been observed using HST with WFPC2 and the F814W, F606W, and (in some cases) the F450W filters. These observations are, of course, not as deep as the observations of the HDF. But what these observations lack in depth, they make up for in breadth, covering an angular area of $\approx 0.6$ deg$^2$ to a $5 \sigma$ point source limiting magnitude threshold of typically $AB(8140) \approx 27.0$. Our previous application of the photometric redshift technique to the HDF ([@lyf96], [@fly98]) incorporated observations spanning seven photometric bands. In contrast, our application of the photometric redshift technique to the MDS fields incorporates observations spanning only two or three photometric bands, which of course makes photometric redshift measurement more difficult. But given sufficiently small photometric errors, continuum break features indicative of high-redshift galaxies (i.e.the Lyman limit and the [Ly$\alpha$]{} decrement) can be [*unambiguously*]{} distinguished from continuum break features indicative of low-redshift galaxies (i.e. the 4000 Å break) because the amplitude of the largest continuum breaks observed in low-redshift galaxies or main-sequence stars is $\approx 3$ (see [@spinrad98] and references therein), whereas the amplitude of the Lyman continuum break is in principle infinite or close to it. The key, then, is to apply the two- or three-band photometric redshift technique only in cases where the photometric errors are small enough to distinguish the Lyman break from other continuum features to a high level of significance—i.e. to bright (through the F814W filter) galaxies or to deep images. We have so far applied this analysis to a portion of the MDS observations in order to identify candidate galaxies for confirming spectroscopy.
Figure 1 shows a spectrum obtained with the KPNO 4 m telescope of a high-redshift galaxy identified in an MDS field. The spectrum is characterized by an emission line at $\lambda = 7200$ Å, which we interpret as [Ly$\alpha$]{}, and by a continuum break at $\lambda = 7200$ Å, which we interpret as the [Ly$\alpha$]{}decrement, in which case the redshift of the galaxy is $z = 4.92$. Based on an initial analysis, we expect that $\approx 65$ galaxies of redshift $z > 5$ be identified in the MDS fields.
Photometric and spectroscopic redshifts of galaxies in very deep STIS slitless spectroscopy observations
========================================================================================================
Second, we have sought to measure photometric and spectroscopic redshifts of galaxies in very deep STIS sliless spectroscopy fields. At near-infrared wavelengths, where background sky light is the dominant source of noise, the Hubble Space Telescope (HST) using the Space Telescope Imaging Spectrograph (STIS) is more sensitive than the Keck telescope because from space (1) the sky is fainter and (2) the spatial resolution is higher. To exploit the unique sensitivity of STIS at near-infrared wavelengths, the Space Telescope Science Institute and the STIS instrument team at the Goddard Space Flight Center initiated the STIS Parallel Survey, in which deep STIS observations are obtained in parallel with other observations [@gardner98]. From among the observations so far obtained by the Survey, we selected for analysis very deep observations acquired in slitless spectroscopy mode, because these observations are best suited for identifying distant galaxies.
The difficulty of slitless spectroscopy is that the objects can overlap along the dispersion direction. We have overcome this difficulty by developing and applying a new method of analyzing slitless spectroscopy observations that makes optimal use of the direct and dispersed images that are recorded as part of a normal sequence of observation. Specifically, we use the direct image to determine not only the exact locations but also the exact two-dimensional spatial profiles of the spectra on the dispersed image. These spatial profiles are crucial because they provide the “weights” needed to optimally extract the spectra and the models needed to deblend the overlapping spectra and determine the background sky level. Our analysis proceeds in three steps: First, we identify objects in the direct image, using standard source extraction programs. Next, we model each pixel of the dispersed image as a linear sum of contributions from relevant portions of all overlapping neighboring objects and background sky. Finally, we minimize $\chi^2$ between the model and the data with respect to the model parameters to form optimal one-dimensional spectra.
We measure redshifts from the optimal one-dimensional spectra by means of [*both*]{} broad-band continuum features and narrow-band emission and absorption features. Specifically, we measure photometric redshifts using a variation of the photometric redshift technique described previously by [@lyf96], and we seek to verify the photometric redshifts by identifying confirming narrow emission and absorption features. At low redshifts, the most prominent broad-band feature is the 4000 Å break and the most prominent narrow-band features are the \[O II\] emission line and the Ca II H and K absorption lines, while at high redshifts, the most prominent broad-band feature is the [Ly$\alpha$]{}decrement and the most prominent narrow-band feature is the [Ly$\alpha$]{} emission line.
Figure 2 shows examples of photometric and spectroscopic redshifts of galaxies in very deep STIS slitless spectroscopy fields. The spectrum of the highest-redshift galaxy is characterized by an emission line at $\lambda =
7200$ Å, which we interpret as [Ly$\alpha$]{}, and by a continuum break at $\lambda =
7200$ Å, which we interpret as the [Ly$\alpha$]{} decrement, in which case the redshift of the galaxy is $z = 6.68$. Based on an initial analysis, we expect that redshifts of a large fraction of galaxies in the STIS field will be identified.
Lanzetta, K. M., Yahil, A., & Fernández-Soto, A 1996, Fernández-Soto, A., Lanzetta, K. M., & Yahil, A. 1998, Weymann, R. J., Stern, D., Bunker, A., Spinrad, H., Chaffee, F. H., Thompson, R. I., & Storrie-Lombardi, L. J. 1998, Spinrad, H. Stern, D., Bunker, A., Dey, A., Lanzetta, K., Yahil, A., Pascarelle, S., & Fernández-Soto, A. 1998, Ratnatunga K. U., Griffiths, R. E., & Ostrander, E. J. 1998, in preparation Gardner, J. et al. 1998,
|
{
"pile_set_name": "ArXiv"
}
|
786 F.2d 1019
UNITED STATES of America, Plaintiff-Appellee,v.Howard JONAS, Lewis Jonas, Anthony Lewis Guarino, and HowardMark Mandel, Defendants-Appellants.
No. 84-5735.
United States Court of Appeals,Eleventh Circuit.
April 14, 1986.
Bierman, Sonnett, Shohat & Sale, P.A., Jon A. Sale, Benedict Kuehne, Miami, Fla., for Jonas & Jonas.
Charles G. White, Miami, Fla., for A. Guarino.
Timothy W. Harrington, Stephen H. Broudy, Ft. Lauderdale, Fla., for mandel.
Norman Moscowitz, Jon May, Nancy L. Worthington, Leon B. Kellner, Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.
Appeal from the United States District Court for the Southern District of Florida.
Before GODBOLD, Chief Judge, FAY, Circuit Judge, and PECK*, Senior Circuit Judge.
PECK, Senior Circuit Judge:
1
Appellants are four of five defendants named in a ten count indictment charging a series of fraudulent acts. The fifth defendant, Walter Woodby, pled guilty and testified at trial for the government. The specific charges included engaging in a scheme to defraud by mail in violation of 18 U.S.C. Sec. 1341, wire fraud in violation of 18 U.S.C. Sec. 1343, transportation of property obtained by fraud in violation of 18 U.S.C. Sec. 2314, and mail fraud in violation of 18 U.S.C. Sec. 1341. At the conclusion of a protracted trial, the jury returned verdicts finding all defendants guilty as charged. Committed sentences followed by period of probation were imposed as to each of the four.
2
* Evidence offered by the government established that appellants Howard and Lewis Jonas, who are brothers, formerly worked as salesmen for First Federal Bullion in New York City. First Federal Bullion was what has come to be known as a "boiler-room operation" in which salesmen used hard sell, high-pressure tactics to obtain investments in precious metals which the company neither possessed nor purchased. In March of that year Howard Jonas reported to the Federal Bureau of Investigation that the company by which he and his brother were employed was engaged in illegal operations, but the government states that "[b]ecause of limited prosecutorial and investigative resources, First Federal Bullion was never prosecuted." It subsequently ceased operations and the Jonases moved to Florida.
3
During the same period of time, Walter Woodby and the Jonases worked as salesmen for First Federal Bullion, and in 1980 Woodby was arrested for a burglary that the brothers helped plan. They provided bail, and following his conviction they appeared at the sentencing procedure, offering a job in the event of probation. They paid for his transportation to Florida and the three discussed various businesses which they could enter. They decided on an operation similar to that of First Federal Bullion and formed an enterprise named Conti Associates, Inc., of which Woodby was president, vice president and secretary and the Jonases would be the financiers.
4
The Jonases, representing Conti Associates, leased space in a Ft. Lauderdale, Florida building, stating that the office would be headquarters for a toy manufacturing company. The name "Conti" was chosen because of its similarity to a very large precious metals company in New York. Woodby signed the corporation papers and opened the company's checking account, but because circumstances aroused its suspicions, the bank closed the account a month later. A second account was opened and closed, and a third account was subsequently opened. Woodby signed checks drawn on this account, but Howard Jonas kept the checkbook and usually made out the checks.
5
In due course, Melvin Rosoff and appellants Guarino and Mandel, who had worked together in another office, became employees of Conti and all three of them worked as salesmen, primarily selling tantalum, titanium and silver by telephone. During the summer of 1981 ten individuals invested a total of $52,630 with Conti Associates as a result of these solicitations, although Conti neither purchased nor delivered the metals ordered, nor did it return the investors' money.
6
Rosoff testified that when he began working at Conti, the company had three or four telephones, but that additional lines were subsequently installed. He worked with Guarino, Mandel and Woodby, whom Rosoff, testifying under a grant of immunity, described as a "front" in case anything went wrong. It always appeared to Rosoff that the business belonged to the Jonas brothers. He further testified that he got both names and his "sales pitch" from Guarino and Mandel, and he detailed the technique of making sales. When Rosoff had done all he could to convince a customer to buy, he would turn the telephone over to Guarino or Mandel, experts at closing a deal. The ten purchasers of interests in non-existent metals referred to above all testified to the conversations leading to their investments, and with minor variations the techniques used by the salesmen were identical.
7
During the FBI investigation of this matter, Howard Jonas gave a statement which was received in evidence at trial. In that statement he alleged that he and his brother has formed Conti Associates for the purpose of manufacturing and selling toys, but that that enterprise failed due to their lack of experience in the area. He further alleged that at that time they became acquainted with Guarino and Mandel and that the transformation of the enterprise then occurred with the later two being the principals while he and his brother Lewis simply did their bidding. However, no further evidence concerning a toy business was offered, and since appellants do not challenge the sufficiency of the evidence on which their convictions were based there is no occasion to further examine that contention here.
II.
8
All four of the appellants assign as error the district court's denial of their respective motions for severance.
9
In support of this assignment of error they again contend that the Jonas brothers defended on the theory that Guarino and Mandel, along with Walter Woodby, "ran a sophisticated investment scheme, with the Jonases acting 'as mere gofers' ", while Guarino and Mandel presented "a different defensive posture," representing themselves to have been innocent salesmen working for the Jonases. All argue that the defenses are antagonistic, irreconcilable and mutually exclusive, citing United States v. Carter, 760 F.2d 1568 (11th Cir.1985). They submit that the jury in order to believe the core of the defense offered on behalf of one defendant would necessarily have to disbelieve the defense offered by a co-defendant, so that severance was mandatory pursuant to United States v. Stephenson, 708 F.2d 580, 582 (11th Cir.1982). While recognizing their burden in establishing an abuse of discretion on the part of the trial judge in this regard, United States v. Pirolli, 742 F.2d 1382, 1386 (11th Cir.1984), cert. denied, --- U.S. ----, 105 S.Ct. 2143, 85 L.Ed.2d 500 (1985); Fed.R.Crim.P. 14, they argue that the irreconcilability of the defenses caused the court's action to amount to such abuse. The trouble with that contention, however, is simply that it is not supported by the record. None of the defendants testified on his own behalf, so this case markedly differs from those in which co-defendants take the stand and directly blame one another. See Stephenson, 708 F.2d at 580; United States v. Berkowitz, 662 F.2d 1127 (5th Cir. Unit B 1981). As previously noted, the only indication in the evidence supporting the allegation that the Jonases had intended to go in the toy business was contained in the Howard Jonas statement received in evidence and in testimony relative to the renting of the offices, and at the very best the other contentions essential to the asserted defense may be discernible from inferences to be gleaned from the cross-examinations of government witnesses. One of the appellant's briefs observes that the situation presented "was more than the classic finger pointing by defendants scenario." However, on the basis of the record the "scenario" cannot even be said to rise to that level. In short, the appellants have failed to prove that they suffered the specific and compelling prejudice, which is necessary to finding an abuse of the district court's discretion. Carter, 760 F.2d at 1574-75. We add that considering the evidence in the light most favorable to the government, as we must in the present posture of the case, we conclude that the record demonstrates a sophisticated scheme of merchandising non-existent metals on the basis of telephone solicitation by an organization created and operated by the defendants acting in concert.
III.
10
Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) established the principle that where there is a substantial risk that the trier of fact will look to incriminating extra-judicial statements of one co-defendant in determining the guilt of another co-defendant, the admission of the former's confession in a joint trial violates the latter's right to confront the witnesses against him. United States v. Garrett, 727 F.2d 1003, 1013 (11th Cir.1984), aff'd on other grounds, --- U.S. ----, 105 S.Ct. 2407, 85 L.Ed.2d 764 (1985).
11
In the present case, both Jonases and Guarino assign as error the receipt in evidence of statements made by Howard Jonas and Guarino to the FBI, arguing that such receipt violated their right to confrontation under the Sixth Amendment. They argue that the government's attempt to redact these statements was ineffective and that the jury must have known that the "other people" mentioned in Howard Jonas' statement included Guarino and Mandel and that the "other people" mentioned in the Guarino statement included the Jonas brothers. However, the statements received in evidence were unsuccessful efforts by Howard Jonas and Guarino respectively to exculpate themselves and no reasonable reading of the redacted statements could be considered to inculpate the others. In Garrett, 727 F.2d at 1013, we stated that "in order to invoke the Bruton doctrine, the confession in question must directly, rather than indirectly, implicate the complaining defendant." The statements here under consideration neither directly nor indirectly implicate "the complaining [appellant]," and no error is perceived in their receipt in evidence.
IV.
12
Guarino contends on appeal that the statement made by him to the FBI was received in evidence in violation of his Fifth Amendment rights as defined in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The evidence establishes that Guarino learned indirectly that an FBI agent had attempted to contact him, and that he thereupon telephoned that agent. The agent stated that she wanted to talk with him in connection with an investigation of Conti Associates. He agreed to talk with the FBI and appeared voluntarily at its offices. An agent testified that Guarino was not at any time under restraint and that at all times he was free to terminate the interview.
13
Guarino contends that in spite of the circumstances the district court failed to follow an objective, "reasonable man" standard in deciding whether a suspect was "in custody" when the statement was made. In Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 3152, 82 L.Ed.2d 317 (1984) the Court stated "The only relevant inquiry is how a reasonable man in the suspect's position would have understood his position." In view of Guarino's voluntary appearance at the FBI office and the circumstances prevalent at the interview it must be concluded that a reasonable man in his position would not have considered himself in custody, and we conclude that no violation of his Miranda rights has been established.
V.
14
The remaining contention raised by the appellants concerns a situation which involved a member of the jury. On the morning of the sixth day of trial as the mid-point in trial was being reached, this juror stated to the court at a side bar conference, "On the break I was thinking about it, and I came to the conclusion that I have pretty well made up my mind about it." The district judge immediately stated, "Do not tell us anything." The juror responded, "No, no, but I just wondered if it was okay for me to continue on that basis." In the colloquy that followed the judge observed that he suspected "that a lot of people have arrived at conclusions." After a further discussion, the court said, "I am going to ask you to do your very best to keep an open mind until you have heard everything. All right?", to which the juror responded "Yes, Sir."
15
The following day the court reopened the matter and again received an affirmative response to a further inquiry as to whether the juror would and could keep his mind open until, in effect, the case was submitted to the jury.
16
In a case in which a juror allegedly said on the second day of a four day trial, "As far as I'm concerned, [from] what I have already heard he's guilty," the judge allowed that juror to remain without even an interrogation. This determination was held to be within the court's discretion. The reviewing court went on to say, "A juror's statement that '[from] what I have heard already he's guilty' at the conclusion of the prosecutor's case and before the defendant presents any evidence does not reflect serious prejudice, but only an objective evaluation of the evidence presented to date in trial." Grooms v. Wainwright, 610 F.2d 344, 346, 348 (5th Cir.), cert. denied 445 U.S. 953, 100 S.Ct. 1605, 63 L.Ed.2d 789 (1980), cited with approval United States v. Williams, 716 F.2d 864, 865 (11th Cir.1983).
17
After receiving the assurance of the juror that he would keep an open mind, the trial court in the present case stated to counsel, "This juror obviously has taken what we have said very seriously, and he had some feelings that he wanted to communicate to all of us.... I would say it was a commendable display of honesty."
18
The determination as to whether or not a juror should be relieved in such circumstances is peculiarly within the discretion of the trial court, Grooms, 610 F.2d at 347, and we observe no abuse of that discretion in the established circumstances.
VI.
19
We are not unmindful of the government's contention that the harmless error rule applies to each of the contentions of the appellants except the last, on the grounds that no prejudice is shown to have resulted from any error which may have occurred. Harryman v. Estelle, 616 F.2d 870, 876 (5th Cir.) (en banc), cert. denied, 449 U.S. 860, 101 S.Ct. 161, 66 L.Ed.2d 76 (1980). While we are not in disagreement with that contention, it need not be explored herein in view of our conclusion that the district judge committed no such error. It nevertheless seems appropriate to observe that in the course of a twelve day trial the government through thirty-two witnesses and a large number of exhibits constructed an overwhelming case to which defendants provided scant response through their two witnesses.
20
Accordingly, the judgments of conviction are AFFIRMED.
*
Honorable John W. Peck U.S. Circuit Judge for the Sixth Circuit, sitting by designation
|
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Search
Wow, that took a while. Sorry for the 12-month outage chaps. Contrary to reports in the media I have not hung up my chopsticks for good, I just couldn’t locate my inner rant. I might well have left it in the back of a Hong Kong taxi to be honest. Well, now your friendly neighbourhood Noodle is back, with all the inevitability of an unloved season, and primed to explode over this city like hot porky broth on a ramen shop floor. (I’m going to be doing some jokes).
To kick things off, though, I found this little gem lurking in the bottom of my tatty porcelain noodle bowl of fun. An interview with arch electro-plinky plonkers Metronomy from back in 2008 – ie before they was as famous as they is now – replete with original line-up and arguably better songs. Stay tuned for original content coming soon…
————————————–
Metronomy is not a band to play by the rules. In fact, they don’t even know where the rule book is. And if they found it, they’d probably burn it, in a wooded area, next to a no-smoking sign. So it comes as no surprise to find these three deceptively well-spoken and civil young men having a cheeky fag in one of the numerous threadbare rooms inside Camden’s Koko. It’s a couple of hours before they’re on; the nth date on their never-ending tour to promote their unique brand of electro plinky-plonk, perfect pop harmonies, falsetto choruses and affected, meticulously choreographed dance moves.
Here at Canvas we don’t rate the more obscure bands for the sake of their obscurity, but Metronomy are different, we’ve decided; they pretty much provide our very own litmus test of friends and acquaintances. Heard of Metronomy? Yes? OK, thumbs up. Like them? Alright, you can be our friend for life. Which isn’t actually to say that Metronomy are obscure – songwriter and band founder Joseph Mount has remixed everyone from Kate Nash to Goldfrapp.
“It’s nice now because people are quite up for having their stuff remixed,” he says. “KD Lang wanted something quite radio-friendly, so I did what I thought was radio-friendly but it wasn’t really what she expected. Taking entertaining risks is good fun, it’s a nice way to while away a few hours.”
You might have already come across Metronomy in broadsheet articles heralding the so-called Nu Rave scene alongside Late of the Pier and Does it Offend You, Yeah? among others – but it’s about as cohesive a scene as anything invented by a Guardian journalist, ie not at all. “I guess you have to expect that,” muses Mount. “But it’s actually quite nice now because we have people interviewing us and they’re saying ‘ we don’t know how to describe your music’.”
So how do you describe Metronomy’s music? According to the MySpace page, the band hail everyone from Bowie to The Ramones as an influence. In their own words though, they rate Usher and Timberlake for their unique credit-crunch defying dancing skills, Timbers coming in for special praise by virtue of being “like Beatles-lite”, according to Mount. A cross between the Beatles and Nirvana is how they’d like to describe their own music though – ie a combination of Revolution # 9 and Polly, apparently. Hmmn, maybe you should just go out and buy a record for yourself, or even better, see them live – their unique stage show involves rather large push button lights slung from each band member’s neck, being pushed on and off at regular intervals in time to the music, and statuesque posing behind their keyboards. If you’re very lucky there’ll also be a troupe of dancing girls behind doing a jig in time to the tunes. But don’t let this put you off, there’s a boyish playfulness – a knowing wink to the audience that this is all just a bit of a larf and not some art school pretentious wank – that means they can just about pull it off. But are they worried the gimmick will be a curse as more people discover “that band with the lights”?.
“I went though the paranoia that maybe we should change this idea but actually it’s brilliant – it’s a strong look,” says Mount. “I’d argue that there’s not that many other bands that have something so visual linked to them. So some people may catch us at a festival and not know who we are but remember the show and then stumble across our music a few weeks later.”
The music has evolved a lot since Mount wrote the first album in his bedroom – figuratively anyway. Recruiting school chums Oscar Cash and Gabriel Stebbing for the live shows has led to a more expansive, lyrical and, god forbid, radio-friendly sound. Tunes like Heartbreaker, Radio LADIO and Heart Rate Rapid featuring infectiously catchy choruses and little flourishes which marry perfectly to the band’s cheeky on stage antics.
“It’s been quite a gap between the first album and this and it’s been quite a natural progression, influenced by the fact that we’ve been playing live and me realising what Oscar and Gabriel are capable of … and what they can’t do,” says Mount. “When the first album was done, songs like Trick or Treatz were written by me but the reason I didn’t sing on them was because I wasn’t confident enough to sing like a girl … but that’s all changed now.”
So what’s the ultimate goal for the band? Can they or do they want to reconcile their unique sound and growing band of followers with the mainstream and super stardom? Well, their aspirations are typically modest; Gabriel wants a Saturday morning kids TV slot, apparently, while Oscar would just like it “if a few more people heard of us because we deserve it”.
“It would be a shame if we were dropped by our label because people didn’t pick up on it quickly enough,” adds Mount. “It would just be nice if more people got it, although we’d have to do fucking badly to get dropped by our label.”
So look out for the new album in September kids – “driving music” perfect for 45 minutes in the car, according to Mount. Or better still, catch them at one of numerous London and festival appearances over the summer – you won’t be disappointed, although they might be if you don’t bother coming, and so will we. Not angry, just disappointed.
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{
"pile_set_name": "Pile-CC"
}
|
Q:
Using TaskCompletionSource Within An await Task.Run Call
I am getting unexpected behavior that I would like to shed some light on. I've created a simple example to demonstrate the problem. I call an async function using Task.Run, which will continuously generate results, and uses IProgress to deliver updates to the UI. But I want to wait until after the UI actually updates to continue, so I tried using TaskCompletionSource as suggested in some other posts (this seemed somewhat similar: Is it possible to await an event instead of another async method?.) I'm expecting the initial Task.Run to wait, but what is happening is the await happening inside seems to move it onward and "END" happens after the first iteration. Start() is the entry point:
public TaskCompletionSource<bool> tcs;
public async void Start()
{
var progressIndicator = new Progress<List<int>>(ReportProgress);
Debug.Write("BEGIN\r");
await Task.Run(() => this.StartDataPush(progressIndicator));
Debug.Write("END\r");
}
private void ReportProgress(List<int> obj)
{
foreach (int item in obj)
{
Debug.Write(item + " ");
}
Debug.Write("\r");
Thread.Sleep(500);
tcs.TrySetResult(true);
}
private async void StartDataPush(IProgress<List<int>> progressIndicator)
{
List<int> myList = new List<int>();
for (int i = 0; i < 3; i++)
{
tcs = new TaskCompletionSource<bool>();
myList.Add(i);
Debug.Write("Step " + i + "\r");
progressIndicator.Report(myList);
await this.tcs.Task;
}
}
With this I get:
BEGIN
Step 0
0
END
Step 1
0 1
Step 2
0 1 2
instead of what I want to get which is:
BEGIN
Step 0
0
Step 1
0 1
Step 2
0 1 2
END
I'm assuming I am misunderstanding something about Tasks and await and how they work. I do want StartDataPush to be a separate thread, and my understanding is that it is. My end use is somewhat more complex as it involves heavy calculation, updating to a WPF UI and events signaling back that it completed, but the mechanics are the same. How can I achieve what I'm trying to do?
A:
I'm not fully understanding the goal you are trying to achieve. But the issue is StartDataPush returning void. The only time an async should return void is if it is an event handler otherwise it needs to return Task.
The following would achieve what you expected in terms of output
public partial class MainWindow : Window
{
public TaskCompletionSource<bool> tcs;
public MainWindow()
{
InitializeComponent();
}
private async void ButtonBase_OnClick(object sender, RoutedEventArgs e)
{
var progressIndicator = new Progress<List<int>>(ReportProgress);
Debug.Write("BEGIN\r");
await StartDataPush(progressIndicator);
Debug.Write("END\r");
}
private void ReportProgress(List<int> obj)
{
foreach (int item in obj)
{
Debug.Write(item + " ");
}
Debug.Write("\r");
Thread.Sleep(500);
tcs.TrySetResult(true);
}
private async Task StartDataPush(IProgress<List<int>> progressIndicator)
{
List<int> myList = new List<int>();
for (int i = 0; i < 3; i++)
{
tcs = new TaskCompletionSource<bool>();
myList.Add(i);
Debug.Write("Step " + i + "\r");
progressIndicator.Report(myList);
await this.tcs.Task;
}
}
}
|
{
"pile_set_name": "StackExchange"
}
|
Q:
Should answer votes be cast based on their accesibility to the asker?
I occassionally see answers to questions which appear to require a greater level of knowlege than the asker has. Should votes be cast on answers depending on how understandable they are to the asker?
People who view the question (and of course the asker themself) and have a vested interest in it probably share a similar level of experience in the subject as the user who is asking. So if a user posts an answer which is well beyond the understanding of the user who asked, then I don't see how it fulfills the goal of providing coherent Q&A style content to the site-- the target demographic of the answer is different to that of the question, so who is the target demographic of the post on the whole?
I recognize that it's impossible to tell what exactly the level of understanding of the asking user is, but when an elementary question is asked, I think it's pretty safe to assume that the asker doesn't have a broad knowlege of the topic.
An example is this question. Of the two most highly voted answers, one involves more advanced concepts than the other. It seems to me that the very fact that the asker is asking the question indicates that their knowlege of abstract algebra is not extensive enough to understand this more complex answer; even if it is more generalized and insightful.
Should I upvote/downvote on answers like these according to how well I think they suit the (asking) audience of the question?
A:
My personal opinion is that no,votes should be cast based on the answer's validity/clarity, independent of who asked the question.
This is consistent with the StackExchange mindset of being a repository of knowledge, and not a Q&A site. We build a repository of knowledge through questions and answers, but we do not exist to simply answer questions. Thus, it makes perfect sense to upvote a correct and clear answer, regardless of whether the asker has the mathematical maturity to understand it.
A:
My criteria for upvoting an answer is, "how helpful is it to me?"
So if I'm the questioner, that's the criterion I would use.
In most cases, a reader will have a different level of understanding than the questioner. In this case, the reader ought to decide for himself/herself whether the answer is useful.
If I am the questioner, and a reader decides that a certain answer is useful, I have no problem with the reader's upvoting it, even if I do not.
|
{
"pile_set_name": "StackExchange"
}
|
Q:
laravel add scheduler dynamically
I have a system where the user can create background tasks via the UI.
The task interval are every few hours (user choice in the UI).
when the user creates a task via the ui i want to add it to the scheduler dynamically.
As the example states, this is static and not dynamic.
protected function schedule(Schedule $schedule)
{
$schedule->call(function () {
DB::table('recent_users')->delete();
})->daily();
}
Is it possible? if not, what are the alternatives?
Thanks
A:
I don't see why it wouldn't be possible. The Kernel::schedule method will be run every time php artisan schedule:run is run. If you set it up like the documentation, should be every minute via a cron.
* * * * * php /path/to/artisan schedule:run >> /dev/null 2>&1
With that in mind, I don't see why you can't do something like this:
protected function schedule(Schedule $schedule)
{
// Get all tasks from the database
$tasks = Task::all();
// Go through each task to dynamically set them up.
foreach ($tasks as $task) {
// Use the scheduler to add the task at its desired frequency
$schedule->call(function() use($task) {
// Run your task here
$task->execute();
})->cron($task->frequency);
}
}
Depending on what you store, you can use whatever you like here instead of the CRON method. You might have a string stored in your database that represents one of Laravel's predefined frequencies and in which case you could do something like this:
$frequency = $task->frequency; // everyHour, everyMinute, twiceDaily etc.
$schedule->call(function() {
$task->execute();
})->$frequency();
The main thing to note here, is that the schedule isn't actually scheduling in tasks in the database or in a cron that it manages. Every time the scheduler runs (Every minute) it runs and it determines what to run based on the frequencies you give each task.
Example:
You have a task set up using ->hourly(), that is, to run on the hour, every hour.
At 00:00, the schedule runs, the ->hourly() filter passes, because the time is on the hour, so your task runs.
At 00:01, the schedule runs and but this time the ->hourly() filter fails, so your task does not run.
|
{
"pile_set_name": "StackExchange"
}
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Photos: Rockets, Pacers arrive for NBA's first game in...
Video: Did Joey Crawford almost toss the Sixers' mop boy?
Leave it to Joey Crawford, the most infamous of active NBA officials, to turn a spilled drink into an episode.
In the third quarter of a game between the Sixers and Cavaliers last Friday, Crawford called for cleanup after a man sitting courtside spilled his drink on the sideline. Nothing undue about that, as the spill occurred in the exact spot at which Sixers forward Lavoy Allen was set to inbound the ball.
Apparently, though, the work of the mop boy on the scene was not to Crawford's liking. After the spill got its once-over, Crawford blew his whistle and barked at the mop boy retreating to his post -- seemingly demanding further cleanup via towel wipedown. Nothing wrong with erring on the side of caution, I suppose, though Crawford seals the ordeal in trademark fashion by appearing to stare down the boy with the mop from across the court.
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If Sebastian Vettel sees it as a bad idea, perhaps it's time to think again. This week's announcement that Formula One will be awarding double championship points for the final race of the season, due to take place in Abu Dhabi next November, has not pleased the four-times winner of the world title. Perhaps even he regards it as yet another sign of a sport in big trouble, desperate to ward off the threats to its existence, almost all of which are of its own creation.
Suddenly all sorts of gimmicks are being imposed on the sport of Juan Manuel Fangio and Jim Clark. In addition to the double-points wheeze, some genius has decided that individual drivers will carry the same racing number, between 2 and 99, throughout their careers, to be emblazoned for the first time on their helmets, with No1, as has long been the case, reserved for the reigning champion. The driver who claims the fastest lap in practice for each race will also be awarded points towards a new pole-position championship. And those who commit behavioural offences on the track will receive penalty points leading, when they reach a total of 12, to a one-race suspension.
These are supposed to be the solutions to the problems faced by a sport whose ringmaster, Bernie Ecclestone, is fighting accusations in the high court of handing a $44m bribe to a now-jailed German banker in order to facilitate the sale of a majority share in the sport's commercial rights to a private equity firm, CVC Capital Partners; this firm continues to employ him as its CEO while spending the past seven years creaming off half of the sport's huge profits. Ecclestone claims the $44m was intended to prevent the German tipping off Britain's tax authorities to his alleged control of the offshore trust, which holds much of the estimated personal fortune of £3bn he has accrued from his Formula One deals, something he also denies.
Emily Thornberry, the shadow attorney general, told Newsnight on Thursday that she has long felt Ecclestone's financial affairs deserve scrutiny. "What is the Serious Fraud Office for," she said, "if not for investigating cases like this?"
In a better ordered world, more of CVC's profits would have been distributed between the teams and the race promoters, without whom the sport would not exist. Instead, more than half the teams are in some sort of financial distress and gifted young drivers are forced to stand aside in favour of those with personal sponsors. Many of the circuits – forced to pay vast fees to Ecclestone, who also keeps all the sponsorship, trackside advertising and corporate-hospitality revenue – are in a constant battle for survival.
And as the foundations decay, the sport fiddles with gimmicks that, while intended to attract new audiences, continue to alienate those loyal to the principles that sustained it for more than a century.
Who let the drivers' behaviour deteriorate to the point where a disciplinary system is required in a sport that could once lay claim to a measure of dignity, even nobility? In a sport that is supposed to be dangerous – although perhaps not dangerous enough these days – any kind of offence ought to be punished by an instant ban. The penalty-point system effectively legitimises the kind of offences it is ostensibly being created to reduce.
In recent years Formula One has been tarted up and weighed down with all sorts of nonsense. New circuits look as though they were laid out in vast shopping-mall car parks, with painted lines indicating the track boundaries. Devices such as DRS zones and Kers buttons are intended to disguise the sport's competitive shortcomings. A perfectly respectable tyre manufacturer finds itself being instructed to manufacture products with a limited life, to spice up the contest. Designers, hemmed in by technical regulations, waste their time on arcane wind-tunnel research with negligible relevance to the real world. And now here comes another bunch of cheap tricks, led by the double-points notion.
The teams, who must have endorsed the decision, are concerned only with their own short-term interests. Clearly they are happy to distort the basis of their own championship, presumably glimpsing an antidote to Vettel's steamroller supremacy. In the longer perspective, however, Formula One has a good recent record of championships going down to the wire under the present scoring system – think of Kimi Raikkonen's last-gasp victory at Interlagos in 2007, or Lewis Hamilton snatching the title on the final corner at the same track in 2008, or Vettel dashing the hopes of Fernando Alonso and Mark Webber under the floodlights in Abu Dhabi two years later.
To feel the need for a mechanism intended to ensure that every season reaches a cliff-hanging climax is to severely underrate the audience's intelligence. It's like expecting every Premier League season to be decided by a penalty shoot-out. When Chelsea won the Premier League in 2004-05 with a 12-point margin, or when Manchester United took the title three seasons in a row between 2007 and 2009, no one lost their nerve and demanded changes to the format.
It's hard not to be cynical when looking at the sport's introduction of the double-points award in Abu Dhabi, newly reinstalled as the climactic race of the season. The UAE is where the money is, as golf decided when it created the Race to Dubai.
As for the numbering idea, presumably this is an attempt to raise the income from the sales of merchandising, under the guise of making it easier to identify the drivers. But if that were a serious consideration, they would simply clear some of the space currently devoted to sponsors' logos on the wings and bodywork.
What Formula One needs is not the enforcing of reliability rules for engines and gearboxes, created to reduce costs. It needs more uncertainty, more surprises, more bad luck on the track. As a writer in Autosport magazine suggested this week, it could make a start by banning the pits-to-car radio transmissions that do nothing but infantilise the drivers. Get them making their own in-race decisions again, gambling on experience and intuition rather than relying on drive-by-numbers instructions from their engineers.
The problem is that the sport's management is in the hands of a bunch of very clever people with a penchant for making stupid decisions based either on greed or an inability to see beyond their own front wheels. They haven't yet announced that the Formula One championship will henceforth be known as the Race to Abu Dhabi, but it's surely just a matter of time.
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6933
DOUGLAS G. WHITFIELD,
Plaintiff - Appellant,
v.
DICK JENKINS, Sheriff; RANDLE SMITH, Lieutenant; DARREL
LAND, Detective; OFFICER LEE; OFFICER STANCIL; LIEUTENANT
SMITH,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:10-ct-03151-D)
Submitted: November 17, 2011 Decided: November 23, 2011
Before KING, DAVIS, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Douglas G. Whitfield, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Douglas G. Whitfield seeks to appeal the district
court’s order dismissing in part Whitfield’s 42 U.S.C. § 1983
(2006) complaint, and granting him leave to amend. This court
may exercise jurisdiction only over final orders, 28 U.S.C.
§ 1291 (2006), and certain interlocutory and collateral orders,
28 U.S.C. § 1292 (2006); Fed. R. Civ. P. 54(b); Cohen v.
Beneficial Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). The
order Whitfield seeks to appeal is neither a final order nor an
appealable interlocutory or collateral order. Accordingly, we
dismiss the appeal for lack of jurisdiction. We also deny
Whitfield’s motions to appoint counsel, his motion to amend the
complaint to add a party, his motion for a subpoena, and his
motion for injunctive relief. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.
DISMISSED
2
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"pile_set_name": "FreeLaw"
}
|
Q:
Methods of evaluating $ \sum_{k=1}^\infty \frac{(m+k)!}{k!}\frac{1}{5^k}$?
I am interested in ways of evaluating the following infinite seris:
$$
\sum_{k=1}^\infty \frac{(m+k)!}{k!}\frac{1}{5^k}.
$$
I already know the answer from Wolfram Alpha but I would like to see some methods of evaluating it as I haven't been able to find many (any?) examples involving an infinite series with the $(m+k)!$ in the numerator and the $k!$ in the denominator, it seems that it is more common to find $k!$ in the numerator and $(m+k)!$ in the denominator.
So what are some methods that can be used to evaluate this series?
A:
Hint
Consider the series $$x^m\sum_{k = 1}^\infty x^k = \sum_{k = 1}^\infty x^{m + k}$$
then do some differentiations. What you get?
A:
This is the non-calculus way. Let the sum be $S_m$. Then,
\begin{align}
& 5S_m-S_m =\sum_{k=0}^{\infty}\frac{(m+k+1)\cdots(k+2)}{5^k}-\sum_{k=1}^{\infty}\frac{(m+k)\cdots(k+1)}{5^k}\\
=&(m+1)!+m\sum_{k=1}^{\infty}\frac{(m+k)\cdots(k+2)}{5^k}\\
=&(m+1)!+5m\sum_{k=2}^{\infty}\frac{(m-1+k)\cdots(k+1)}{5^k}\\
=& (m+1)!+5m\left(S_{m-1}-\frac{m!}{5}\right)=m!+5mS_{m-1}\\
\implies& S_m=\frac{m!}{4}+\frac{5m}{4}S_{m-1}\tag{1}\\
\implies&S_m=\frac{m!}{4}+\frac{5m}{4}\left(\frac{(m-1)!}{4}+\frac{5(m-1)}{4}S_{m-2}\right)\\
=&\frac{m!}{4}+\frac{5m!}{4^2}+\frac{5^2m(m-1)}{4^2}S_{m-2}\\
=&\frac{m!}{4}+\frac{5m!}{4^2}+\frac{5^2m!}{4^3}+\frac{5^3m(m-1)(m-2)}{4^3}S_{m-3}\\
=&\frac{m!}{4}\sum_{k=0}^n\left(\frac{5}{4}\right)^k+\frac{5^{n+1}m\cdots(m-n)}{4^{n+1}}S_{m-n-1}
\end{align}
Setting $n=m-1$ gives us,
$$
S_m=\frac{m!}{4}\sum_{k=0}^{m-1}\left(\frac{5}{4}\right)^k+m!\left(\frac{5}{4}\right)^mS_0
$$
As $S_0$ is a geometric series with value $\frac{1}{4}$ our expression becomes,
$$
S_m=\frac{m!}{4}\sum_{k=0}^{m}\left(\frac{5}{4}\right)^k=m!\left(\left(\frac{5}{4}\right)^{m+1}-1\right)
$$
|
{
"pile_set_name": "StackExchange"
}
|
Non-invasive tension time index in relation to severity of disease in children with cystic fibrosis.
The non-invasive tension-time index of the inspiratory muscles at rest (TTMUS) can be used for assessing respiratory muscle function in children with cystic fibrosis (CF). This study aimed to investigate how TTMUS becomes altered with increasing pulmonary impairment, and which factors determine TTMUS changes in CF. We assessed TTMUS in 47 patients with stable CF ranging in age from 9 to 26 years and in 47 controls of same age and gender. Pulmonary impairment was assessed by the pulmonary function score (PFS) according to Cropp (PFS 0-2 = no, 3-7 = mild, 8-12 = moderate, and 13-18 = severe dysfunction). Median TTMUS was significantly higher in the entire CF-group than in controls ((0.112 (0.079-0.174) vs. 0.07 (0.052-0.094), P < 0.001)). It was nearly identical in CF-patients without (0.079 (0.056-0.114)) and mild (0.080 (0.059-0.128)) pulmonary dysfunction. It was non-significantly higher in subjects with moderate (0.118 (0.103-0.173)) and grossly elevated in individuals with severe (0.232 (0.211-0.31), P < 0.001)) respiratory impairment when compared to the other PFS-groups. TTMUS was significantly related to percent predicted airway resistance (Raw%pred) (r = 0.60, P < 0.001), percent predicted Forced Expiratory Volume in 1 sec (r = -0.49, P < 0.001), percent predicted Vital Capacity (-0.57, P < 0.001), Functional Residual Capacity in percent Total Lung Capacity (r = 0.42, P = 0.003), and transcutaneous oxygen saturation (r = -0.49, P < 0.001). By contrast, Raw%pred was the only variable that had a significant effect on TTMUS (P = 0.01), when a multivariate logistic regression was applied, using the median of the entire CF-cohort to dichotomise TTMUS. These findings suggest that subjects with stable CF and severe pulmonary dysfunction are prone to respiratory muscle fatigue, and that airway obstruction is an important factor contributing to the increase of TTMUS in CF. Regular determination of TTMUS may be clinically useful during course of disease, and may aid the decision to institute therapies like respiratory muscle training or non-invasive intermittent ventilation.
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{
"pile_set_name": "PubMed Abstracts"
}
|
Q:
Determine if the end of a string overlaps with beginning of a separate string
I want to find if the ending of a string overlaps with the beginning of separate string. For example if I have these two strings:
string_1 = 'People say nothing is impossible, but I'
string_2 = 'but I do nothing every day.'
How do I find that the "but I" part at the end of string_1 is the same as the beginning of string_2?
I could write a method to loop over the two strings, but I'm hoping for an answer that has a Ruby string method that I missed or a Ruby idiom.
A:
Set MARKER to some string that never appears in your string_1 and string_2. There are ways to do that dynamically, but I assume you can come up with some fixed such string in your case. I assume:
MARKER = "@@@"
to be safe for you case. Change it depending on your use case. Then,
string_1 = 'People say nothing is impossible, but I'
string_2 = 'but I do nothing every day.'
(string_1 + MARKER + string_2).match?(/(.+)#{MARKER}\1/) # => true
string_1 = 'People say nothing is impossible, but I'
string_2 = 'but you do nothing every day.'
(string_1 + MARKER + string_2).match?(/(.+)#{MARKER}\1/) # => false
|
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"pile_set_name": "StackExchange"
}
|
. -- The case appeared to be open and shut.
The county sheriff had been caught selling an illegal whiskey still from the back of the county jail. The buyers were a federal informant and an undercover federal investigator. The sheriff, to elude honest police, had even escorted the illegal still out of town.
But for Assistant U.S. Attorney Fred Thompson, few cases would prove easy.
Today, as a Republican candidate for president, Thompson is cultivating an image as a tough prosecutor who, like the character he played on TV’s “Law & Order,” battled powerful criminals during his three-year stint as a prosecutor.
He was “attacking crime and public corruption,” boasts a video played at his campaign events. During a candidate debate this month, Thompson said he spent those years “prosecuting most of the major federal crimes in middle Tennessee -- most of the major ones.”
But a review of the 88 criminal cases Thompson handled at the U.S. attorney’s office in Nashville, from 1969 to 1972, reveals a different and more human portrait -- that of a young lawyer learning the ropes on routine cases involving gambling, mail theft and, in one instance, talking dirty on CB radio.
There were a few bank robbers and counterfeiters. But more than anything, Thompson took on the state’s moonshiners and a local culture, rooted in Tennessee’s hills and hollows, that celebrated the independent whiskey maker’s battle against the government’s revenue agents.
Twenty-seven of his cases involved moonshining -- more than any other crime.
“Hell, I made whiskey and was violating the law, but I didn’t do nothing wrong,” said one of Thompson’s many moonshining defendants, Kenneth Whitehead. “I would do it again if I had a still. I can’t afford a still now.”
Thompson had just turned 27 when he became a prosecutor. The public stage of the courtroom became a place where he learned to develop the strengths -- and to navigate around his weaknesses -- that would later boost him to the U.S. Senate and, now, to a top slot in the GOP presidential field.
The candidate who today shows an uncertain command of current events -- he flubbed questions last month about the death penalty -- was prone as a younger man to getting dates wrong in indictments.
The candidate who ended his first, unsteady debate appearance with a one-liner (“It was getting a little boring without me,” he said of his decision to join the presidential race) would disarm tense situations with an offhand joke after he committed a mistake.
And there were plenty of mistakes.
“I’ve seen a lot better lawyers,” said Burton Moulder, the former sheriff whom Thompson prosecuted for selling a still from the county jail. “But he was very charming. He had a nice, clear voice.”
Thompson is better known for his two later stints in public service: as lead Republican counsel for the Senate Watergate committee and as a U.S. senator representing Tennessee for eight years. Thompson’s campaign declined to make him available for an interview.
Thompson got the prosecutor’s job through politics. He had been handling divorces and other small cases in his hometown of Lawrenceburg when Republican Richard Nixon won the White House. Soon after, the new U.S. attorney for middle Tennessee began replacing the Democratic legal staff with Republicans, as was customary at the time.
Thompson was only two years out of law school, but he had managed a Republican congressional campaign (albeit a losing one). “That gave me, I guess, some Republican credentials,” he said in a 2003 interview.
U.S. Attorney Charles Hill Anderson granted his prosecutors wide latitude in choosing which cases to handle, old colleagues say. In his early months, Thompson indicted a company for selling medication that turned out to be castor oil. He later prosecuted a man who tried to board an airplane while carrying a loaded revolver. James Howard “Daddy Jim” Gipson pleaded no contest to obscenity charges that Thompson brought because of Gibson’s habit of saying obscene things over a CB radio while drunk.
“We didn’t get any coaching, really,” says W. Buford Bates, who prosecuted cases with Thompson. “We did pretty much what we wanted to do.”
Trials of his own
In his most publicized case, Thompson successfully prosecuted Johnny Pace, a bank robber who had escaped from the federal tank inside the Nashville jail. “Mr. Thompson was a true gentleman,” said John Blalock, the sheriff’s deputy who captured Pace in Los Angeles County. “I’ve never been treated with more courtesy by a prosecutor.”
But Thompson’s charm did not work on U.S. District Judge Frank Gray Jr., who presided over nearly all of his cases. A liberal Democrat who had worked on presidential campaigns from Al Smith’s to Estes Kefauver’s, Gray had little patience for fools, and even less for Republicans.
In court, the judge would make guttural sounds or break pencils as lawyers tried to form arguments. “Judge Gray was very tough on Fred and the lawyers in Charlie Anderson’s U.S. attorney’s office -- he didn’t think they knew what they were doing,” recalled Gilbert S. Merritt, Anderson’s predecessor, who is now a judge on the U.S. 6th Circuit Court of Appeals.
There was much to learn. After charging a man with stealing checks from the mail, Thompson saw the case dismissed because the wrong date appeared in the indictment. Another indictment, against a group of counterfeiters, was thrown out when Gray ruled that Thompson had failed to allege a crime. The judge often chided Thompson for a bad habit of leading witnesses.
In the trial of a man charged with aiding bank robber Johnny Pace in his escape, Gray completely lost it as Thompson struggled with the concept of hearsay evidence.
“I don’t see any reason for the consummate passion of the United States attorney’s getting stuff reversed by getting stuff in the record that has no business in there at all,” the judge declared, adding that he found Thompson’s conduct “utterly incompetent.”
“I got initiated by Judge Frank Gray,” Thompson said in a 2003 interview, “and I use that term advisedly.”
Thompson’s saving grace in court was his calm demeanor (“the coolest lawyer I’ve seen,” recalls one juror, Henry Bledsoe Jr.) and his sense of humor. During a particularly tense trial, as one law enforcement witness tore seals on three successive envelopes before he could get to the evidence within, Thompson quipped, “Is there really anything in there at all?”
At one slow-paced hearing, Thompson attempted so many jokes that the defense attorney objected: “Is there any way you could rule against the assistant United States attorney for his continued humorous attempts at humorous remarks, and also his references to the fact that he would like to leave here in a hurry?”
Alcohol apostasy
For a small-town boy such as Thompson, pursuing rural whiskey makers represented a mild apostasy.
“Rocky Top,” one of Tennessee’s official state songs, tells of “two strangers,” presumably tax agents, who disappear forever while “lookin’ for a moonshine still” on a mountaintop. NASCAR auto racing grew from roots in bootlegging, and movies such as Robert Mitchum’s 1958 classic “Thunder Road” romanticized the moonshine culture.
Nearly 40 years after the demise of Prohibition, most of Tennessee’s counties remained dry, creating a demand for moonshine -- home-brewed, untaxed liquor. The federal levy on legal whiskey was more than $10 a gallon. By contrast, a Tennessean could buy moonshine for $6 a gallon.
Chasing the moonshiners “was hard work,” said Charles Lowe, who investigated cases for the federal division then called Alcohol, Tobacco and Firearms. “The population in general bought the whiskey, and they kind of sided with the bootleggers philosophically. But Fred believed in what he was doing. . . . He fought.”
Moonshine was commonly made with sugar, yeast, and a still to separate the alcohol from the fermented mash. Most Tennessee moonshine was tasty, agents say, though irresponsible moonshiners gave their customers lead poisoning by using automobile radiators in the condensing process.
Thompson’s defendants were often poor, and few had high school educations, according to Bureau of Prisons reports included in court files. One typical report described a bootlegger Thompson prosecuted -- a high school dropout who had married at age 14 -- as “the product of a rural, hill-country environment where illegal distilling and running of whiskey have existed for decades.”
Many in the illegal whiskey trade say Thompson was merciful and sensitive. Dwayne Kent, a moonshiner who also served as a witness in a Thompson prosecution, recalls Thompson dealing with a bootlegger who had not seen an elevator before and was afraid to board it at the courthouse.
“It was like trying to load a wild cow in a truck,” said Kent, who quit bootlegging and now is chairman of his county’s tax board. “But Fred handled things. He stopped himself and the other attorneys when they used big words so we could understand what they were saying.”
Thompson easily won convictions for possession of moonshine, but Judge Gray was lenient in sentencing, rarely doling out jail time.
“It was a game,” said Merritt, the former U.S. attorney. “Gray didn’t like these cases. He thought they were a waste of time, and he was right.”
Pursuing sheriffs
In his third and final year as a prosecutor, Thompson went after law enforcement itself, seeking indictments against two county sheriffs who, investigators told him, were involved in the moonshining business. These were the only public corruption cases he handled, court records show.
In the first case, he won a conviction against Sheriff Charles Crockarell of Stewart County, near the Kentucky border. The prosecution of the other sheriff, Burton Moulder of Cannon County, would prove to be the most difficult case of Thompson’s tenure.
As sheriff, Moulder had investigated moonshiners on nearby Short Mountain. But according to testimony, Moulder also sold a confiscated still for $175 to an undercover federal agent and an informant, who was a moonshiner himself.
Moulder admitted he had sold the still, but he said it was only to assist federal officials in setting up other moonshining investigations.
At the trial, Moulder’s wife dropped a bombshell: She testified that she had been having an affair with a state alcohol agent who was part of the investigation of her husband. Susie Mae Moulder claimed that when she broke off the affair, the state agent threatened to put her husband in the penitentiary.
The trial then focused on whether the sheriff’s wife had fabricated her claims in order to damage the prosecution case and save her husband. In his cross-examination, Thompson accused her of sleeping with a different law enforcement agent.
The case was hopelessly compromised in the eyes of at least some jurors. They failed to reach a verdict, and a mistrial was declared. The U.S. attorney’s office later dismissed the charges entirely.
Burton Moulder still lives in Woodbury, a quiet town of 2,500 southeast of Nashville. In an interview on his front lawn, Moulder said the trial finished him in politics, though he managed to repair his marriage and build a career in emergency medical services.
He remains bitter with the state alcohol agent, but not with Thompson, who he believes was professional in court.
“Fred didn’t really turn the heat up when I got on the stand. He could have, but he didn’t,” recalled Moulder. “I’m still grateful. I think he knew there was something wrong with the case.” When he ran into Thompson at a gun show years later, Moulder said, they “talked to each other like old friends.”
A return to politics
Later in the 1970s, moonshining began to die out in Tennessee, but not because of the federal prosecutions. A sharp rise in the price of sugar made it harder to turn a profit.
“That era was the beginning of the end of moonshine,” said Linzie Jones, a federal agent who worked with Thompson. “Then the marijuana started coming in.”
The Moulder case would be Thompson’s last in the U.S. attorney’s office. Less than a week after the trial, he resigned and went into private practice in Nashville.
Thompson also returned to politics. He spent much of the rest of the year working for the reelection of U.S. Sen. Howard Baker Jr.
Baker won, and he soon had to look for someone to serve as lead counsel on the Senate committee investigating the Watergate scandal.
Thompson was a political loyalist and friend. And he had earned an important credential: He had been a prosecutor.
By early 1973, eight months after he had failed to convict a county sheriff, Fred Thompson was on his way to Washington to investigate the president.
joe.mathews@latimes.com
--
Times researchers John Jackson and Robin Mayper contributed to the reporting of this story.
|
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French Prime Minister Manuel Valls delivers a speech to announce his bid to become the Socialist presidential candidate in the 2017 presidential election, at the town hall of Evry, south of Paris, on Dec. 5, 2016. / AFP PHOTO / LIONEL BONAVENTURE/AFP/Getty Images (Lionel Bonaventure/AFP/Getty Images)
French Prime Minister Manuel Valls stepped down Tuesday to focus on his presidential campaign, bringing as successor a former interior minister who spearheaded the nation’s fight against Islamist militants.
The new prime minister, Bernard Cazeneuve, takes over amid an apparent surge in French right-wing political forces that reflect wider trends across the West — calling for calling for a tougher line on immigration and stronger steps against suspected homegrown terrorist networks.
The Cabinet shake-up followed Valls' announcement Monday that he would run for the presidency — a race that will not include François Hollande, who said last week he would not seek reelection in April.
Hollande is the most unpopular president in modern French history, with approval ratings that have dropped, by one poll, to a minuscule 4 percent.
In his speech on Monday, Valls promised that France, under his leadership, would remain a bulwark of progress amid a global turn to the right.
“I want an independent France, inflexible in its values,” he said, “to face the China of Xi Jinping, the Russia of Vladimir Putin, the America of Donald Trump, the Turkey of [Recep Tayyip] Erdogan.”
Cazeneuve led investigations into some of the highest-profile attacks waged in Europe by Islamist factions, including last year’s Paris rampage that killed 140 people and the this year’s Bastille Day carnage in July in Nice, when a truck plowed in crowds and killed more than 85 people.
In the wake of Britain’s vote last year to leave the European Union, the presidential election victory of Donald Trump and, most recently, Sunday’s constitutional reform referendum in Italy, France’s 2017 election is widely seen as a potential next chapter in a revolt against the West’s established order.
Valls pledged to launch a strong leftist defense against the rising tide of Marine Le Pen, the savvy leader of the National Front, France’s far-right populist party, which has risen steadily in the polls. He said he would step down as prime minister Tuesday to seek the Socialist presidential nomination in a primary in January.
If he wins the primary, Valls will also have to contend with François Fillon, a more moderate conservative candidate who advocates a free-market economic platform but shares many of Le Pen’s anti-Muslim and anti-immigrant sentiments.
[François Fillon vows return of the traditional French right]
The French left, once the undisputed bedrock of national politics and a principal architect of the European Union, has fallen in esteem to such a degree that winning the presidency in 2017 is almost inconceivable, analysts say.
As an explanation, they generally cite France’s stubbornly high unemployment rate and a wave of devastating terrorist attacks that have claimed some 230 lives here in the last two years. In the wake of those attacks, Hollande’s Socialist government has struggled to project an image of strength, responding with measures that critics say are primarily concerned with saving face instead of enacting real change.
In his address Monday evening, Valls rejected this assumption, insisting with dramatic emphasis that the left still has a viable chance to win the presidency.
“I’m told that the left has no chance, but nothing is written,” he said. “That it will never come together, that the extreme right is qualified for office, but nothing is written. That Fillon is already the next president of the republic, but nothing is written.”
He continued: “The left is big and beautiful when it speaks to all the French, when it gathers together, when its destiny is entwined with that of France. France needs the left!”
[Why Hollande won’t seek reelection]
But the French left is deeply divided within its own ranks, largely thanks to Hollande’s controversial proposal to strip French nationality from convicted terrorists who hold dual citizenship. Many on the left insisted that the proposal would enshrine a legal distinction between citizens who are supposed to remain equal before the law, and it was ultimately abandoned. But the broader rift inside the party has remained.
Valls, who has sought to project a certain tough-guy swagger as prime minister, has been a constant fixture in that internal struggle, especially vis-à-vis France’s Muslim community, the country’s largest minority group. During a furor over the “burkini” this past summer, for instance, when some 30 French towns banned the modest swimsuit from public beaches, he was among the towns’ loudest defenders.
French courts have since overturned many of the burkini bans in the jurisdictions that passed them.
But Valls called the burkini, designed to allow Muslim women to enjoy the beach while respecting traditional dress codes, a “provocation,” insisting that the garment was an affront to France’s secular values. In response, Muslim leaders quickly accused him of hypocrisy. Supporters of French secularism, they pointed out, do not object that virtually all of France’s public holidays are Christian in origin.
On Monday, Valls suggested that bigger battles lie ahead.
“I note the division on the left,” he said, “but until when will we endure this spectacle?”
Read more
Today’s coverage from Post correspondents around the world
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|
Localization of a pernicious anaemia autoantibody epitope on the alpha-subunit of human H,K-adenosine triphosphatase.
Four cDNA fragments encoding different portions of the alpha-subunit of human H,K-adenosine triphosphatase (ATPase) were amplified by means of the polymerase chain reaction technique, ligated into the plasmid pGEX-2T, and expressed as glutathione S-transferase fusion proteins in Escherichia coli. The fragments A (residues 163-313), Ba (residues 360-797), Bb (residues 526-797), and C (residues 822-1031) together encompass 77% of the alpha-subunit and cover most of its cytosolic part. The reactivities of autoantibodies in the sera from patients with pernicious anaemia with the recombinant fusion proteins were analysed by immunoblotting. One autoantigenic epitope was found in the NH2-terminal part of the Ba fragment--that is, between residues 360 and 525. No epitope was detected in the other fragments. The Ba fragment was cleaved off from the glutathione S-transferase fusion protein by the action of thrombin and was then further purified. By means of enzyme-linked immunosorbent assay, 28 of 42 sera (67%) from patients with pernicious anaemia were positive against the purified Ba fragment. The present results provide a final proof that the human H,K-ATPase alpha-subunit is a major autoantigen in the parietal cell and that the major epitope is located between residues 360 to 525 on the cytosolic side of the secretory membrane.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Electronic document scanners and facsimile machines transform an optical image of a document into an electric signal suitable for storing, displaying, printing or electronic transmission. These devices typically use illumination and optical systems to illuminate the object and focus a small area of the illuminated object, usually referred to as the "scan line", onto an optical photosensor array. This direction is typically called the scan width or X-direction. The entire object is then scanned by sweeping the illuminated scan line across the entire object, either by moving the object with respect to the illumination and optical assemblies, or by moving the illumination and optical assemblies relative to the object. This is typically called the scan length or Y-direction.
An optical scanner has a native or optical resolution that is the maximum sample rate of the object to be scanned. In a typical scanner this resolution is usually 600 or 1200 samples or pixels per inch (ppi). Typically a scanner can scan at a range of resolutions or sample rates ranging from a small fraction (1/20) of the optical resolution up to 2 times the optical resolution. For example a scanner with an optical resolution of 600 ppi could scan using a resolution ranging from 30 ppi up to 1200 ppi.
Scanners typically have the ability to scan the object using different image types. The different image types typically vary the amount of information stored for each sample or pixel. Some of the image types of a typical scanner are full color scans, grayscale scans, and line art or black and white scans. For a line art scan the image is either black or white. This type of image would contain one bit of information for each pixel in the image. Grayscale scans typically represent the image as one of 256 levels of gray for each pixel. Therefore, grayscale scans can be represented by 8 bits of information for each pixel in the image. For a full color scan the scanner typically generates a red, green, and blue component. Each component is 8 bits (or 256 levels), for a total of 24 bits (or three bytes) of information for each pixel in the full color image.
Images that scanners scan range in size from small objects or photos up to full pages. Typically scanners allow the size of the scanned area or window to be adjusted to match the size of the object to be scanned. A typical scanner allows the window to be adjusted in the x and y directions from one pixel in length up to the full size of the scanning bed.
One of the reasons that scanners have different resolution and image types is to allow the trade off between the required image quality and the image size. If each image was scanned as a color image at the maximum resolution the size of the file would typically be too large. For example an 8.5.times.11 inch image scanned as a full color image at 600.times.600 ppi resolution would contain 100.98 megabytes (8.5 * 11 * 600 * 600 * 3).
The electronic images created by the scanner are used in a large number of Ways. Some images are enlarged and then printed, some are reduced and printed, some are printed at the same size as the original. Some images are displayed on computer displays, some images are faxed. Some of the images are printed on very high-resolution color printers, and some are printed on lower resolution black and white printers. The end use of the image helps determine the resolution and data type needed for the scan. Typically the resolution of the scan is proportional to the resolution of the printer to be used. For example a scan to be printed on a 1200 dot per inch (dpi) printer would need to be scanned at a higher resolution than a scan to be printed on a 300 dpi printer. Typically computer displays have much lower resolutions than printers, therefore the image scanned for a computer display need not be scanned at as high a resolution as an image scanned for a printer.
The end use of the image also helps determines the image type for the scan. A scan to be printed on a black and white printer would not be scanned as a color image because it would be three times the size of the black and white image. The image type can also affect the required scan resolution. Typically a color image needs a lower scanned resolution than a line art image.
Typically scanners can enlarge or reduce (scale) the output size of an image. The amount of enlargement or reduction of the image affects the optimum resolution for the scan. The required resolution is typically proportional to the amount of enlargement. For example an image to be enlarged by 3 times would require a resolution 3 time greater than an image that was to be printed at the same size as the original image.
Setting the optimal resolution and image type to give the best quality image while minimizing memory requirements is a complex task. Scanning has moved into areas where non-experts do the scanning. Selecting the optimal resolution and image type has become a task for the scanning solution and not for the user. Scanning solutions currently make use of the destination or end use of the scanned image and the final size or scaling of the image to select the resolution and image type. For example the user would choose between destinations that include a plurality of printer types, the computer display screen, and fax types. The scanning solution, using the known output resolutions and capabilities of these destinations and the final image size, would select the optimal resolution and image type for the scanned image.
Today scanned images often are used more than one time. The scanned image stored on a computer may be used for creating multiple outputs. For example a scanned image may be used to create a small part of an advertisement and then that same image may be enlarged and printed in a news letter. If the scanned image was originally created for a small image size (at a lower resolution) and then printed at a large size, the larger sized image will not be of proper output quality. There is a need for the scanning solution to be able to predict the final image output size or scaling such that the scanning resolution can be correctly selected.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Nie chcę na Antyweb poruszać tematów politycznych, ale ten niestety trochę o politykę zahacza, choć dotyczy tak naprawdę stronniczości mediów państwowych. Jak zapewne wszyscy z was wiedzą, trwa właśnie protest ludzi opiekujących się osobami niepełnosprawnymi. Mówimy tutaj o ludziach z dużą niepełnosprawnością, często niepełnosprawnością od urodzenia itd. Walczą o dodatki finansowe na to, aby mimo tej życiowej tragedii mogli godnie żyć. Poprzednie rządy ich zawiodły pod tym względem. Obecne zobowiązały się pomóc podczas kampanii wyborczej, ale nie pomagają. Sytuacja tych ludzi jest dla mnie bardzo poruszająca, bo wyobrażam sobie, co znaczy opiekować się niepełnosprawną osobą i poświęcić temu całe swoje życie, przy okazji dzień w dzień borykając się z problemami finansowymi.
To jest mniej więcej opis obecnej sytuacji. Sytuacji, którą nasze rzetelne i niezależne medium jakim jest TVP INFO, postanowiło odpowiednio skomentować. Znaleziono więc opiekuna osoby niepełnosprawnej, który to nie zgadza się z protestami i takimi słowami opisuje te zachowania:
Mama osoby niepełnosprawnej o protestujących w Sejmie Mama osoby niepełnosprawnej: kiedy widzę agresję tych opiekunów w Sejmie, brak szacunku dla osób reprezentujących nasze państwo, to serce mi się kroi. Jak można wykorzystywać swoje niepełnosprawne dzieci do zabiegania o pieniądze?tvp.info #wieszwiecej Opublikowany przez tvp.info 25 kwietnia 2018
Jak można wykorzystywać swoje niepełnosprawne dzieci do zabiegania nawet o jakieś wielkie pieniądze. Nie wiem, o co chodzi, ale to dla mnie jest nie do przyjęcia
Kiedy widzę agresję tych opiekunów w sejmie i brak szacunku dla osób reprezentujących nasze państwo – najważniejszych osób w państwie, to serce mi się kroi
Pani sugeruje też, że udział w takich protestach rodziców z dziećmi niepełnosprawnym cofnie postęp w rehabilitacji.
Tak paskudnej próby manipulowania opinią publiczną przy tego typu wydarzeniu, nie spodziewałem się nawet po TVP INFO. Próba wmówienia widzom, że opiekunowie niepełnosprawnych wykorzystują swoich podopiecznych aby walczyć o pieniądze (w domyśle dla siebie) jest czymś paskudnym, smutnym, niewiarygodnie obrzydliwym. Ludzi, którzy całe życie poświęcają opiece najbliższych, telewizja stara się pokazać jako tych, którzy walczą jedynie o pieniądze.
Miałem nadzieje, że problem tych najbardziej potrzebujących rodzin walczących z największymi życiowymi tragediami pogodzi obie strony i będą wreszcie w stanie zrobić coś wspólnie. Okazuje się jednak, że walczyć można nawet z tymi, którzy żądają lepszego życia dla niepełnosprawnych dzieci.
Jeśli natomiast o pieniądze chodzi, to zacytuję tutaj wypowiedź pokazującą, jak dziś Państwo pomaga niepełnosprawnym.
„W obecnej chwili renta socjalna netto wynosi 745,00 zł + zasiłek pielęgnacyjny 153,00 zł czyli 898 zł na rękę miesięcznie. Koszt godziny rehabilitacyjnej, to kwota między 60 a 80 zł. Przy dziecięcym porażeniu mózgowym ( jak u mojego syna) rehabilitacja wymagana jest codziennie tj około 22 dni roboczych, co daje nam średnio 1400,00 zł miesięcznie.”
To, co się dziś dzieje z TVP INO przeszło nawet nawet moje najgorsze wyobrażenie.
Owszem panie protestujące w sejmie nie przebierają w słowach i nie szczędzą krytyki pod adresem kolejnych rządzących, którzy starają się wymigać od pomocy. Może to być dla władzy uciążliwe, ale posunięcie się do nasłania TVP INFO na tych ludzi jest poniżej jakiejkolwiek krytyki.
|
{
"pile_set_name": "OpenWebText2"
}
|
Introduction
============
Single-nucleotide mutations (SNMs), including single-nucleotide substitutions, insertions and deletions, are important biomarkers for human diseases and drug resistance.^[@cit1],[@cit2]^ Various technology platforms^[@cit3]^ have been applied to the discrimination and detection of low abundance SNMs by using synthetic nucleic acid primers and probes, for example, through polymerase chain reaction (PCR),^[@cit4],[@cit5]^ next-generation sequencing,^[@cit6],[@cit7]^ microarrays^[@cit8],[@cit9]^ and fluorescent *in situ* hybridization.^[@cit10],[@cit11]^ Crucially, the discrimination ability of all these technologies and methods relies on the specificity of Watson--Crick base pairing at some step of their workflow, which is limited by the small difference in thermodynamic stability caused by a single-base mismatch.^[@cit12]^ Many efforts have been devoted to the improvement of the discrimination ability by using denaturation approaches,^[@cit13],[@cit14]^ enzymatic methods,^[@cit15]--[@cit26]^ synthetic nucleotide analogues^[@cit27],[@cit28]^ and rationally designed probes such as molecular beacons,^[@cit29]--[@cit32]^ binary probes,^[@cit33],[@cit34]^ triple-stem probes^[@cit35],[@cit36]^ and toehold probes.^[@cit37]--[@cit42]^ However, most of these efforts have focused on the optimization of reaction condition and probe or primer design, and the discrimination ability is still seriously limited by the cross-reactivity with closely related unintended sequences. Recently, several competitive systems using the sequence-specific DNA sinks,^[@cit3],[@cit43]^ the controller DNAs,^[@cit44]^ the DNA-blocker strand^[@cit45]^ and the peptide nucleic acid clamps^[@cit46]^ were designed for SNM discrimination. These advances effectively improved the discrimination ability but suffered from complexity and required stringent condition control. As a result, it remains a major challenge to develop simple, robust and highly specific hybridization-based SNM discrimination strategies.
Herein, for the first time, we propose a sequestration-assisted molecular beacon (MB) strategy for highly specific SNM discrimination in homogeneous solutions. The new SNM discrimination system consists of a target-specific MB and a series of hairpin sequestering agents (SEQs). The rationally designed hairpin SEQs can sequester the closely related unintended sequences and thus effectively eliminate the cross-reactivity. By using fluorescence measurements, we quantitatively evaluated the discrimination ability of the developed SNM discrimination method against a series of SNMs, and also investigated the superiority of the hairpin SEQ as well as the condition robustness of the developed SNM discrimination method. Moreover, we explored the feasibility of combining our SNM discrimination method with PCR amplification for the detection of *KRAS* G12D (c.35G\>A) and G12V (c.35G\>T) mutations at low abundance to demonstrate the potential application in clinical diagnosis.
Results and discussion
======================
The design principle of the proposed sequestration-assisted MB strategy is illustrated in [Fig. 1](#fig1){ref-type="fig"}. The SNM discrimination system consists of a target-specific MB and a series of specific hairpin SEQs which can sequester the corresponding single-base mismatched sequences (MMs). The loop portion of the MB serves as a probe sequence that is perfectly complementary to the target sequence, and the stem of the MB is formed by two complementary 5-nt arm sequences with a fluorophore (F) and a quencher (Q) attached to the ends of the two arms respectively. The structure of the hairpin SEQs is similar to that of the MB, except that the hairpin SEQs have no fluorophore or quencher, and their loop sequences are complementary to the corresponding MMs. In the absence of the perfectly matched target sequence (PM), the 6-carboxyfluorescein (6-FAM) at the 5′ end of the MB is quenched by the black hole quenchers-1 (BHQ-1) at the 3′ end. After the addition of the PM, the MB hybridizes with the PM regardless of the SEQs, and the fluorescence signal is recovered because the unfolding of MB increases the spatial distance of 6-FAM and BHQ-1 (pathway a). In the presence of MMs only, a large excess of hairpin SEQs almost completely sequesters the MMs, so the MB still keeps the closed state (pathway b). When the PM and the MMs are present simultaneously, the MB can still be opened by the binding of PM to restore the fluorescence, and the MMs are also sequestered by the hairpin SEQs (pathway c). It is noteworthy that the sequestration-assisted MB strategy presented here (1) is developed from the classic MB system^[@cit47]^ and is quite simple and enzyme-free, (2) can effectively eliminate the cross-reactivity of the MB with MMs by using hairpin SEQs, and (3) can be applied to the discrimination of other SNMs by easily altering the loop sequences of the MB and the hairpin SEQs.
{#fig1}
To quantitatively evaluate the discrimination ability of the developed SNM discrimination method, we performed time-resolved fluorescence measurements to get discrimination factors (DFs) of a series of SNMs at three different positions. The inset of [Fig. 2A](#fig2){ref-type="fig"} shows the corresponding locations of these positions in the MB. The DF is defined as the ratio of the net fluorescence intensity gain obtained with the PM to that obtained with the MM under the same conditions (DF = Δ*F* ~PM~/Δ*F* ~MM~). Thus, a larger DF value is indicative of greater specificity. To systematically investigate the specificity of our SNM discrimination method, we calculated the DFs of all possible 20 SNMs (including 12 substitutions, 4 insertions and 4 deletions) at the position 7. The oligonucleotide sequences of all strands are provided in Tables S1 and S2.[†](#fn1){ref-type="fn"} As can be seen from [Fig. 2A](#fig2){ref-type="fig"}, our strategy shows excellent discrimination ability with remarkable DF values ranging from 12 to 1144 with a median of 117, which is better than that of most SNM discrimination methods reported recently (Table S3[†](#fn1){ref-type="fn"}). To demonstrate the versatility of our method, we tested two additional positions (5 and 9). For SNMs at the position 5 and 9, the DFs of six representative SNMs are in the range from 27 to 1105 ([Fig. 2A](#fig2){ref-type="fig"}), indicating that our method is reliable for the discrimination of mutations at different positions. The real-time fluorescence responses to three representative PM/MM pairs at the position 5, 7 and 9 are shown in [Fig. 2B--D](#fig2){ref-type="fig"}. The above results indicate excellent discrimination ability of our SNM discrimination method, which is attributed to the following factors: (1) the MB itself provides a competing reaction for the probe--target hybridization, which possesses good specificity, (2) the MMs are sequestered by the rationally designed hairpin SEQs, thus non-specific hybridization of MMs with the MB is effectively eliminated, and (3) the hairpin structure of the SEQ increases the sequestration specificity, leading to further improvement in discrimination ability. These experimental results clearly demonstrate the remarkable discrimination ability of our SNM discrimination method.
{ref-type="fn"} The inset shows the MB sequence and three positions of the corresponding SNMs. Real-time fluorescence responses of our SNM discrimination system to PM/MM pairs of A \> T substitution at the position 5 (B) and 7 (C), and C \> G substitution at the position 9 (D). The concentrations of MB, SEQ, PM and MM are 20, 800, 20 and 20 nM, respectively. The error bars represent the standard deviation of three measurements.](c6sc03048c-f2){#fig2}
According to the design rationale of the proposed discrimination strategy, the structure and concentration of the SEQ are considered as crucial factors for remarkably improving the SNM discrimination ability. To prove the superiority of the hairpin SEQ, we compared the specificity of three SNM discrimination systems with the hairpin SEQ, with the linear SEQ and without the SEQ, respectively. We performed fluorescence measurements and calculated the DFs of these SNM discrimination systems using G \> T substitution at the position 7 as a model. As depicted in [Fig. 3A](#fig3){ref-type="fig"}, the maximum DF values 131, 19 and 3.1 are obtained with the hairpin SEQ, with the linear SEQ and without the SEQ (*i.e. c* ~SEQ~ = 0), respectively. The SNM discrimination system with 800 nM hairpin SEQ achieves the highest DF and shows about 7-fold and 42-fold improvements compared to the SNM discrimination systems with the linear SEQ and without the SEQ respectively ([Fig. 3B](#fig3){ref-type="fig"}), clearly demonstrating the significant contribution of the hairpin SEQ to the discrimination ability. We also investigated the sensitivity of the proposed SNM discrimination system. The detection limits of our system and the simple MB system are 0.98 nM and 0.44 nM calculated by the 3S/N method from the corresponding linear relationships (Fig. S3[†](#fn1){ref-type="fn"}), respectively. Our method caused a slight reduction (about 2-fold) in sensitivity, due to the possible cross-reactivity of the SEQs with the PM. The results confirm that the rationally designed hairpin SEQ plays a key role in the dramatically enhanced specificity of the proposed sequestration-assisted MB strategy.
{#fig3}
Condition robustness and fast discrimination are key factors of SNM discrimination methods for the potential application in clinical diagnosis. We first investigated the robustness of the developed SNM discrimination method (using A \> T substitution at the position 7 as a model) by obtaining DFs in a wide range of conditions. The results are shown in [Fig. 4](#fig4){ref-type="fig"}. When the concentrations of the target or the MB are changed in the range of 2.5--100 nM, the DFs remain greater than 47 and 66 respectively ([Fig. 4A and B](#fig4){ref-type="fig"}), implying that our SNM discrimination method can maintain good specificity in a wide concentration range of the target or the MB. The remarkable DFs (≥1144) are produced in up to 50 μM of 50-nt random DNA sequences ([Fig. 4C](#fig4){ref-type="fig"}), and the DFs are greater than 140 in buffers with different concentrations of Mg^2+^ and Na^+^ (0.5--50 mM Mg^2+^ and 30--3000 mM Na^+^, [Fig. 4D](#fig4){ref-type="fig"}). Therefore, biological samples or PCR products might be analyzed directly without purification or buffer-exchange procedures. Our SNM discrimination method is also robust throughout the temperature range of 20--45 °C with the corresponding DFs no less than 72 ([Fig. 4E](#fig4){ref-type="fig"}), meaning precise temperature-control equipment is not required. We next discussed how quickly our SNM discrimination method could distinguish PM/MM pairs. For all possible 20 SNMs at the position 7, a median DF of 76 can be achieved in only 10 minutes after the initiation of the reaction (Table S4[†](#fn1){ref-type="fn"}). The experiment results demonstrate that our highly specific SNM discrimination method (1) can work robustly over a wide range of temperatures, salinities, target/MB concentrations and in the presence of high concentration of 50-nt random DNA sequences, and (2) is capable of quickly distinguishing SNMs, thus having great potential to detect disease-related SNMs in biological samples.
{ref-type="fn"}](c6sc03048c-f4){#fig4}
The excellent specificity makes our SNM discrimination method well-suited for the detection of low abundance mutations. To evaluate this potential, we used A \> T substitution at the position 7 as a model and measured the fluorescence responses of our SNM discrimination system to the PM at different abundances. As can be seen from [Fig. 5A](#fig5){ref-type="fig"}, the fluorescence intensity shows a gradual rise with the increasing PM percentage. An obvious fluorescence intensity increase can still be seen when only 0.1% PM is present ([Fig. 5B](#fig5){ref-type="fig"}), indicating that the PM can be successfully identified at abundance as low as 0.1%. The results well demonstrate the capability of our assay in detecting low abundance mutations.
{#fig5}
Mutated *KRAS* genes are associated with lung cancer, colorectal cancer, ovarian cancer and pancreatic cancer.^[@cit46],[@cit48]^ To further prove the potential application of our SNM discrimination method in clinical diagnosis, we combined this SNM discrimination method with PCR amplification to detect *KRAS* G12D (c.35G\>A) and G12V (c.35G\>T) mutations. We first performed the detection of *KRAS* G12D (c.35G\>A) mutation. The mutant-type (mutant A) and wild-type sequences were mixed at 0 : 100, 0.5 : 99.5, 1 : 99, 5 : 95, 10 : 90 and 100 : 0 ratios to total concentrations of 0.5 pg μl^--1^, and amplified by asymmetric PCR to generate single-stranded amplicons. Two synthetic oligonucleotides were added to the PCR amplicons to unwind the secondary structure, and then the amplicons were analysed by our SNM discrimination method. As shown in [Fig. 6A--C](#fig6){ref-type="fig"}, the mutant-type target can be successfully identified at abundance as low as 0.5% in the presence of wild-type strands. In contrast, the classic MB systems (without the SEQs) could hardly distinguish and detect this mutation even at 10% abundance ([Fig. 6D](#fig6){ref-type="fig"}). The results demonstrate the capability of our assay in specific and sensitive detection of low abundance SNMs. Besides the wild-type sequence, other mutant-type sequences may also interfere with the detection of the exact mutant-type of interest. So we mixed the intended mutant-type (mutant A) with same amounts of the other two unintended mutant-types (mutant T and mutant C) and 100-fold excess of wild-type. After PCR amplification, three SEQs were added to simultaneously sequester the wild-type as well as the other two unintended mutants. As can be seen from [Fig. 6I and J](#fig6){ref-type="fig"}, the mixtures of three mutant-types and the wild-type at the ratio of mutant A : mutant T : mutant C : wild-type = 0 : 1 : 1 : 100 and 1 : 1 : 1 : 100 are successfully discriminated. To demonstrate the versatility of our approach, we also tested the proposed method against *KRAS* G12V (c.35G\>T) mutation. The results are similar to that of the *KRAS* G12D (c.35G\>A) mutation (shown in [Fig. 6E--H, K and L](#fig6){ref-type="fig"}). The results indicate that our sequestration-assisted MB strategy is versatile and can be applied to the detection of low abundance SNMs in PCR amplicons with high specificity, thus holding great potential for clinical application.
{#fig6}
Conclusions
===========
In summary, we have successfully developed a simple and robust SNM discrimination method with remarkably high specificity using the sequestration-assisted MB strategy. The crucial element of the proposed strategy is the rationally designed hairpin SEQs that can effectively sequester the closely related unintended sequences and thus dramatically improve the hybridization specificity of the MB in recognizing SNMs. Our SNM discrimination method can work rapidly and robustly over a wide range of conditions and can be easily combined with PCR amplification to detect *KRAS* G12D (c.35G\>A) and G12V (c.35G\>T) mutations at low abundance, demonstrating the capability of our assay in specific and sensitive detection of low abundance SNMs. Moreover, the proposed strategy provides a general SNM discrimination method through simply altering the loop sequences of the MB and SEQs. We anticipate that this work offers a new route to design SNM discrimination strategies for clinical application.
This work was financially supported by the National Natural Science Foundation of China (21535006, 21675005 and 21605134).
[^1]: ‡These authors contributed equally.
[^2]: †Electronic supplementary information (ESI) available: Details in experimental section and supporting tables and figures. See DOI: [10.1039/c6sc03048c](10.1039/c6sc03048c) Click here for additional data file.
|
{
"pile_set_name": "PubMed Central"
}
|
Q:
reprint capture.output(glimpse(df)) to look the same as glimpse(df)
tibble::glimpse() provides easy-to-read printed output:
library(tidyverse)
glimpse(mtcars)
#> Observations: 32
#> Variables: 11
#> $ mpg <dbl> 21.0, 21.0, 22.8, 21.4, 18.7, 18.1, 14.3, 24.4, 22.8, 19....
#> $ cyl <dbl> 6, 6, 4, 6, 8, 6, 8, 4, 4, 6, 6, 8, 8, 8, 8, 8, 8, 4, 4, ...
#> $ disp <dbl> 160.0, 160.0, 108.0, 258.0, 360.0, 225.0, 360.0, 146.7, 1...
#> $ hp <dbl> 110, 110, 93, 110, 175, 105, 245, 62, 95, 123, 123, 180, ...
#> $ drat <dbl> 3.90, 3.90, 3.85, 3.08, 3.15, 2.76, 3.21, 3.69, 3.92, 3.9...
#> $ wt <dbl> 2.620, 2.875, 2.320, 3.215, 3.440, 3.460, 3.570, 3.190, 3...
#> $ qsec <dbl> 16.46, 17.02, 18.61, 19.44, 17.02, 20.22, 15.84, 20.00, 2...
#> $ vs <dbl> 0, 0, 1, 1, 0, 1, 0, 1, 1, 1, 1, 0, 0, 0, 0, 0, 0, 1, 1, ...
#> $ am <dbl> 1, 1, 1, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 1, 1, ...
#> $ gear <dbl> 4, 4, 4, 3, 3, 3, 3, 4, 4, 4, 4, 3, 3, 3, 3, 3, 3, 4, 4, ...
#> $ carb <dbl> 4, 4, 1, 1, 2, 1, 4, 2, 2, 4, 4, 3, 3, 3, 4, 4, 4, 1, 2, ...
Since glimpse(df) just returns df, I'm using capture.output to save this text. But when I try to reprint this text later, such as with cat(), the line breaks don't replicate:
cat(capture.output(glimpse(mtcars)))
#> Observations: 32 Variables: 11 $ mpg <dbl> 21.0, 21.0, 22.8, 21.4, 18.7, 18.1, 14.3, 24.4, 22.8, 19.... $ cyl <dbl> 6, 6, 4, 6, 8, 6, 8, 4, 4, 6, 6, 8, 8, 8, 8, 8, 8, 4, 4, ... $ disp <dbl> 160.0, 160.0, 108.0, 258.0, 360.0, 225.0, 360.0, 146.7, 1... $ hp <dbl> 110, 110, 93, 110, 175, 105, 245, 62, 95, 123, 123, 180, ... $ drat <dbl> 3.90, 3.90, 3.85, 3.08, 3.15, 2.76, 3.21, 3.69, 3.92, 3.9... $ wt <dbl> 2.620, 2.875, 2.320, 3.215, 3.440, 3.460, 3.570, 3.190, 3... $ qsec <dbl> 16.46, 17.02, 18.61, 19.44, 17.02, 20.22, 15.84, 20.00, 2... $ vs <dbl> 0, 0, 1, 1, 0, 1, 0, 1, 1, 1, 1, 0, 0, 0, 0, 0, 0, 1, 1, ... $ am <dbl> 1, 1, 1, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 1, 1, ... $ gear <dbl> 4, 4, 4, 3, 3, 3, 3, 4, 4, 4, 4, 3, 3, 3, 3, 3, 3, 4, 4, ... $ carb <dbl> 4, 4, 1, 1, 2, 1, 4, 2, 2, 4, 4, 3, 3, 3, 4, 4, 4, 1, 2, ...
How can I reprint the saved glimpse text to look the same as the original? I'm open to saving the output a different way if that's best.
A:
Use sep = "\n" with cat():
cat(capture.output(glimpse(mtcars)), sep = "\n")
#> Observations: 32
#> Variables: 11
#> $ mpg <dbl> 21.0, 21.0, 22.8, 21.4, 18.7, 18.1, 14.3, 24.4, 22.8, 19....
#> $ cyl <dbl> 6, 6, 4, 6, 8, 6, 8, 4, 4, 6, 6, 8, 8, 8, 8, 8, 8, 4, 4, ...
#> $ disp <dbl> 160.0, 160.0, 108.0, 258.0, 360.0, 225.0, 360.0, 146.7, 1...
#> $ hp <dbl> 110, 110, 93, 110, 175, 105, 245, 62, 95, 123, 123, 180, ...
#> $ drat <dbl> 3.90, 3.90, 3.85, 3.08, 3.15, 2.76, 3.21, 3.69, 3.92, 3.9...
#> $ wt <dbl> 2.620, 2.875, 2.320, 3.215, 3.440, 3.460, 3.570, 3.190, 3...
#> $ qsec <dbl> 16.46, 17.02, 18.61, 19.44, 17.02, 20.22, 15.84, 20.00, 2...
#> $ vs <dbl> 0, 0, 1, 1, 0, 1, 0, 1, 1, 1, 1, 0, 0, 0, 0, 0, 0, 1, 1, ...
#> $ am <dbl> 1, 1, 1, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 0, 1, 1, ...
#> $ gear <dbl> 4, 4, 4, 3, 3, 3, 3, 4, 4, 4, 4, 3, 3, 3, 3, 3, 3, 4, 4, ...
#> $ carb <dbl> 4, 4, 1, 1, 2, 1, 4, 2, 2, 4, 4, 3, 3, 3, 4, 4, 4, 1, 2, ...
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Check your spinach: Some bags of Dole Baby Spinach have been voluntarily recalled by the company due to a possible salmonella risk, according to the Food & Drug Administration.
Only two specific types of Dole baby spinach are being recalled: A 10 oz. container with lot code W203010 (UPC code 0-71430-00016-8) and a 6 oz. bag with lot code W20308A (UPC code 0-71430-00964-2), according to the FDA.
The lot code can be found on the upper right corner of the 6 oz. bag and on the top label of the 10 oz. container, while the UPC code can be found on the bottom left corner of the back of the 6 oz. bag and the bottom label of the 10 oz. container.
Cheese please:Chick-fil-A adds Mac & Cheese to restaurants nationwide starting Monday
Wendy's spicy chicken nuggets:Dish returns and the chain is giving away 2 million free nuggets
“This precautionary recall notification is being issued due to a sample of Baby Spinach which yielded a positive result for salmonella in a random sample test conducted by the Department of Agriculture in Michigan,” said Dole in a statement.
No illnesses resulting from the recalled spinach have been issued at this time.
The products were sold at stores in Illinois, Indiana, Kentucky, Michigan, New Jersey, New York, Ohio, Tennessee, Virginia and Wisconsin, said the company, though they did not state which stores the product was sold.
Both have an expiration date of August 5, so neither of them are longer sold in stores.
Follow Joshua Bote on Twitter: @joshua_bote
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Sugar Creek (Wabash River tributary)
Sugar Creek is a waterway located in the U.S. state of Indiana. It originates in a farm field approximately two miles south of Kempton, Indiana, and travels west-southwest for about before merging with the Wabash River north of Montezuma. The largest community on the waterway is Crawfordsville.
Sugar Creek flows through two Indiana state parks, Shades and Turkey Run, and is a popular tourist and canoeist attraction. The creek and its many small tributaries are noted for the picturesque canyons and small waterfalls they have created in the rocky terrain. The fictional The Sugar Creek Gang series of books is based along this creek.
The Darlington Covered Bridge spans Sugar Creek in Franklin Township, Montgomery County, Indiana. It was listed on the National Register of Historic Places in 1990.
See also
List of rivers of Indiana
References
External links
Friends of Sugar Creek Facebook page
Category:Rivers of Indiana
Category:Bodies of water of Boone County, Indiana
Category:Bodies of water of Montgomery County, Indiana
Category:Bodies of water of Parke County, Indiana
Category:Tributaries of the Wabash River
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Martina Navratilova career statistics
This is a list of the main career statistics of former tennis player Martina Navratilova.
Significant finals
Grand Slam finals
Singles: 32 (18–14)
By winning the 1983 US Open title, Navratilova completed the Career Grand Slam. She became only the seventh female player in history to achieve this.
Doubles: 37 (31–6)
By winning the 1980 Australian Open title, Navratilova completed the women's doubles Career Grand Slam. She became the ninth female player in history to achieve this.
Mixed doubles: 16 (10–6)
By winning the 2003 Australian Open title, Navratilova completed the mixed doubles Career Grand Slam. She became only the third female player in history to achieve this. Having also completed Career Grand Slams in singles and doubles, Navratilova completed the "Career Boxed Set", only the second player in the Open Era after Margaret Court to do so.
Year-End Championships finals
Singles: 14 (8–6)
Doubles: 11 (11–0)
Singles performance timelines
Grand Slam tournaments
WR = the ratio of the number of majors won to the number of those played.
Note: Australian Open was held twice in 1977, in January and December, and was not held in 1986.
* World Rank before the 1975 inception of WTA rankings.
See also
Performance timelines for all female tennis players who reached at least one Grand Slam final
Other tournaments
Career singles statistics
Navratilova did not play an official WTA tour singles match from 1995 through 2001.
Doubles performance timeline
Grand Slam tournaments
Grand Slam mixed doubles
– = tournament not held.
A = did not participate in the tournament.
WR = the ratio of the number of majors won to the number of those played.
Note: The Australian Open was held twice in 1977, in January and December, and was not held in 1986.
WTA Singles finals: (239)
Singles titles: (167)
Runner-ups: (72)
Doubles: 223
Grand Slam Mixed doubles: 16
Non-Grand Slam mixed doubles: 5
WTA Tour career earnings
Record against top 10 players
Navratilova's record against players who have been ranked in the top 10:
See also
Evert–Navratilova rivalry
Graf–Navratilova rivalry
References
Category:Tennis career statistics
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Audition Songs from contemporary musical theatre writers
Choosing an audition song from the new generation of musical theatre writers is bound to get you noticed for all of the right reasons.
It is very likely that the panel has not heard the song many times before.
It also shows them that you are interested in what is happening in the world of musical theatre.
It is unlikely you will be compared to another performer’s version of the song because these are new songs for everyone’s ears.
It will get you remembered if you introduce them to something they have never heard before.
As with all audition songs, it is massively important that you research the show the song has come from. You want to show that you understand the character and the acting of the story behind the song. If the song is a ‘stand alone song’ as some of them are in this collection then please write your own back story – keep it plausible but use this as an opportunity to add some meat to the bones of the song and make it a fully rounded and acted performance.
The terrific resource New Musical Theatre asked a number of it’s writers to choose one of their own songs and one from another new musical theatre writer which would be suitable for an actor to sing at an audition – and to tell them why.
Here are their choices along with some of our own:
Audition Songs from The New Generation of Musical Theatre
We would love to know what your favourite audition song from a new musical is, let us know via Twitter @actorhub.
Click on title to view the video
Click on image to buy from Amazon
Run Away With Me (click to view video)Sam Brown
This song comes from the musical The Unauthorized Autobiography of Samantha Brown written by the hugely talented team of Kait Kerrigan and Brian Lowdermilk.
The show is set at dawn on the day that Samantha Brown is supposed to leave for college, she is sitting in her car but can’t turn the keys. She is filled with doubts and the show is told through a series of flashbacks from her senior year as Sam comes to terms with her parents expectations, her first love and a lost friendship.
This love song is sung by Sam’s boyfriend Adam as he tries to get her to run away with him!
Here is what Kait Kerrigan had to say about using this for an audition:
Our friend Josh Young told us the reason he likes to use it in an audition is because as an actor, you’re asking for something from your audience. It’s easier to get the audience on your side than it is with a stationary ballad.
“Let me be your ride out of town. Let me be the place that you hide. We can make our lives on the go. Run away with me.”
The Last Loser In The Universe (click to view video)Drew Gasparini
I just love this song and it really is one of those perfect audition songs for a character actor.
The song was written for a specific project which Drew did not get but he loves the song and so put it out as a stand alone song. The song is a celebration of any young person who is cast aside for their love of something which isn’t considered very ‘now’, the character singing this song’s passion is magic.
Here is what the composer Drew Gasparini has to say about this song
Even when people look at you differently for what you do or believe in, there’s always that fire inside you that says ‘keep going.’ The word loser is subjective, and that’s what makes this character a hero
Lovable nobodies are a tried and true method of character writing and acting. I think this song allows for vastness and smallness. It’s a toe tapper too…. shit… at least I hope it is. My mom thinks it’s good… so there’s that
The links here are for Gasparini’s cd but you can buy the sheet music for this song here
Marie and Me (click to view video)Chasing The Day
Maria and Me is taken from Will Van Dyke’s album Chasing The Day. An album which features songs that were written on the road. Aboard planes. Across time zones. Between sets. In hotel lobbies. At 24 hour coffee shops. Miles apart. When the thought of home is your only companion. A collection of songs about the places life takes us and the people who bring us back.
Here is why Will Van Dyke chose this song as his audition song recommendation:
I’m always a huge fan of auditioning with music that fun and catchy enough that beyond your time in the room, it leaves the person behind the table humming. Sometimes a great tune is just as important as a great performance.
“Marie and Me wanna get together Just like before this world tore us apart Marie and Me, can we make it happen? Lets take a ride make a start”
More (click to view video)Out Of Context
Michael Patrick Walker is a hugely gifted musical theatre writer who co-wrote the smash hit musical Alter Boyz. This wonderful stand alone song comes the wonderful collection of songs which form his first album ‘Out Of Context’
When asked to choose one of his own songs for auditions, Michael Patrick Walker chose ‘More’ because:
This song tells a story without being a “story song” making it easy to perform the entire thing or do an audition cut without losing too much of the story. Much like my other choice, “More” allows you to be funny and touching in the same song which is almost always more effective at making an impression than just being “deeply meaningful”. While written for a male voice, it can be sung by a female voice with only minor adjustments and it is pop enough that it can work for either a pop/rock show or something less modern..
Working (click to view video)String
This great little number was cut from the show String by Adam Gwon.
A workaholic Greek god gets tangled up with a security guard in the basement of the tallest building in the world. One mistake leads to another – a lost pair of scissors, a kiss, a stolen string – and soon Atropos is breaking her own rules to offer forever to an ordinary man. Can the fabric of the universe stand a flaw? An original musical about the three Fates in the modern city.
Here is why the song’s writer Adam Gwon thinks this song would be a great audition number for a comedy actor:
A short-and-sweet number for a funny guy. Lots of room to make the song your own, with some range-y stuff thrown in in the B section. Also not widely known (it was cut from a show of mine) so chances are you can stand out a little with this one.
The links here are for Adam Gwon’s CD Ordinary Days but you can buy the sheet music for this particular song here
Random Black Girl (click to view video)Out Of Our Heads
This wonderful song comes from Homemade Fusion a song cycle from the wonderful song writing team Kooman and Dimond and the YouTube video featuring Broadway star Patina Miller has had over 100,000 views making it a hit!
Here is what fellow new musical theatre composer Zoe Sarnak has to say about this terrific song:
This song equally for showing vocals and comedy. Lots of beats, lots of space to show chops. Also, always fun to hear it the room.
“Why couldn’t I be cast for a part in The Color Purple, ‘Stead of a random black girl singin’ the soul? My agent gave me advice. Those words I’ll never forget. He said “Don’t think you’ll ever be cast As Eponine or Cossette.”
Rock City (click to view video)See Rock City
“See Rock City and Other Destinations” is a contemporary musical by Brad Alexander and Adam Mathias about connections missed and made at tourist destinations across America. With a score that incorporates pop, rock, folk and more, each story builds on the last to create a vivid travelogue of Americans learning to overcome their fears and expectations in order to connect.
Here is why composer Adam Gwon thinks the title song Rock City makes a great audition number:
This song will tell me everything I need to know about you very quickly. Can you act? Can you sing? Verse, chorus, check. The verse is easy to endow with some stakes (actors, please give high stakes to any song you perform at an audition!), and the chorus has some badass money notes. I also love listening to this song, so you’d get extra points for that.
“Out there it waits for me Just off I-24 I’ve got to see Rock City Answer to every prayer”
Lisa (click to view video)The Black Suits
Joe Iconis is one of my favourite of today’s young musical theatre writers and Lisa is a wonderful example of his fantastic songs – full of character and storytelling.
The song is taken from the show The Black Suits: A rock musical about a high school garage band on suburban Long Island trying to win The St. Anne’s Battle of the Bands. The story of two teens and their struggle to learn how to be real friends as the inevitability of adulthood threatens to pull them apart. A musical about dreams, blood, Pop Tarts, records, drug runs, blue hair, the St. Anne’s Battle of the Bands, and the undying transformative coolness of rock and roll music.
I think “Lisa” by Joe Iconis works well for an audition song because of its versatility – I’ve heard it sung by both a guy and a girl. It is very dramatically effective with a beautiful hook and shows off a strong singer. It’s easy to make a great cut out of as well and has a dynamic bridge.
When She Smiles (click to view video)Lysistrata Jones
Lysistrata Jones is a musical comedy adaptation of Aristophanes’ comedy Lysistrata by Douglas Carter Beane and Lewis Flinn. The show tells the tale of the men on a losing college basketball team whose cheerleader girlfriends refuse to have sex with them until they win a game!
When She Smiles is sung by Mick towards the end of the show – the leading guy, a real jock – who is thinking of seducing the slightly nerdy poetry loving Robin as a move to win the war against the girls but things don’t go according to plan as she treats him with respect and challenges him to be a better person and awakens something new in him.
Songwriter Kait Kerrigan chose this as one of her top audition picks and has this to say
I heard a girl sing this song in a master class and it felt fresh and young and it surprised and delighted me. Surely, not everyone can pull that off but I love gender-bending in an audition. It shows your confidence. It makes me sit up and pay attention.
“Cause when she speaks It’s like my heart just skipped a beat And when she moves It’s like my world is falling thorough It’s when she smiles”
Stroke By Stroke (click to view video)Jasper in Deadland
Jasper in Deadland is written by the awesome Ryan Scott Oliver. It tells the story of 16-year-old Jasper as he journeys into the afterlife to save his best friend.
This song is a terrific number as Jasper persuades his afterlife guide Gretchen that life is to be lived not just passed over and hidden from.
Musical theatre composer Will Van Dyke chose this as a great audition song for these reasons:
I’m always a huge fan of auditioning with music that fun and catchy enough that beyond your time in the room, it leaves the person behind the table humming. Sometimes a great tune is just as important as a great performance. For that reason I recommend: Stroke By Stroke by Ryan Scott Oliver.
Here is what Ryan Scott Oliver himself has to say:
when you add in the tuneful chorus and its hearty rock chord progression, I think the philosophy is coated in something quite enjoyable and not preachy… until the listener falls for the song (hopefully) and discovers themselves equally seduced by its rooted, buried philosophical text.
The links here are for Ryan Scott Oliver’s cd but you can buy the sheet music for this song here
“Let others walk around an ocean, Let others try to build a bridge across. But you and me, we fall in, we fall in Never sure we’ll survive.”
Jeff (click to view video)Stand Alone Song
I just love Joe Iconis and his story songs. Most of them would make amazing audition songs and ‘Jeff’ is a great song for any bold actor who is prepared to make a brave choice at a casting.
Here is what fellow new musical theatre composer Nick Blaemire has to say about this terrific song:
I love Joe’s stuff because it’s so unexpected. This song takes a turn you never see coming, and it may not be appropriate for the stuffier showcases/auditions, but intelligent audiences with a sense of humor will appreciate both the great situation the character is in, and the opportunities it gives the actor who’s playing him.
The links here are for Joe Iconis’ brilliant CD but you can buy the sheet music for this song here
The Waiting (click to view video)Relativity
Rob Rokicki is a New York based composer, lyricist and performer.
The song is taken from the Relativity by Rob Rokicki and Michael Ruby. You can’t escape the effects of time…or your family. That’s the concept behind RELATIVITY – a new pop-rock musical about perspective…about how your points of view on time and family continually change and impact each other…and about discovering what and who are really most important in your life.
Here is why composer Rob Rokicki chooses this as one of his favourite songs (written by himself) for auditioning:
I think my song “The Waiting” works well because of its versatility. It has drive and dynamic range and shows off acting (both dramatic and humorous). Musically it has nice interval leaps, which can be floated and then mixed/belted to show vocal range. I’ve also heard this song done by a guy or girl.
I’ll Be Here (click to view video)Ordinary Days
I’ll Be Here is taken from the musical Ordinary Days by writer and composer Adam Gwon.
When Deb loses the notes to her graduate thesis she unwittingly starts a chain of events that turns the ordinary days of four New Yorkers into something extraordinary.
Told through a series of intricately connected songs and vignettes, Ordinary Days is an original musical about growing up and enjoying the view.
This song is sung by Claire who is embarking on a new life with her boyfriend Jason, she has had to face her difficult past before she has been able to commit and this truly beautiful song tells her story.
Joshua Salzman and Ryan Cunningham chose ‘I’ll Be Here’ as a great audition song because:
“I’ll Be Here” by Adam Gwon is a wonderfully written story that takes the character on a beautiful emotional journey. It shows the range of the actor and is a gorgeous song to perform and listen to.
Have you ever felt like quitting during a rehearsal process, or spent ages in the evening kicking yourself for not ‘finding the role’ yet? Its perfectly normal, we all deal with frustration and its perfectly healthy.
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Even criminals need Christmas cheer even if most of their presents are most likely stolen from other kids.
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In a conventional device, a backplane is horizontally disposed at the bottom of a subrack, and a PCB board is vertically inserted from the front of the subrack into the subrack and then moved downward to fit into the backplane. In this way, the resistance and restraint from the backplane on the back side of the subrack can be eliminated, a direct front-to-back air duct is formed in the subrack, and heat dissipation is implemented through the front-to-back air duct, thereby improving the heat dissipation capability. Usually, a pluggable mechanism is used to drive the PCB board to implement the two-dimensional operation of inserting the PCB board into the subrack horizontally, then inserting the PCB board into or removing the PCB board from the backplane vertically. The conventional pluggable mechanism has at least the following disadvantages:
1. Complex structure, multi-step drive, and insufficient operation reliability.
2. Occupation of vertical space.
3. Great motion resistance, laborious operation, and poor operability, especially unsuitable for the PCB board plugging requiring great force for inserting or removing.
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Does intra-operative flexible endoscopy reduce anastomotic complications following left-sided colonic resections? A systematic review and meta-analysis.
Postoperative anastomotic leakage (AL) or bleeding (AB) significantly impacts on patient outcome following colorectal resection. To minimize such complications, surgeons can utilize different techniques perioperatively to assess anastomotic integrity. We aim to assess published anastomotic complication rates following left-sided colonic resection, comparing the use of intra-operative flexible endoscopy (FE) against conventional tests used to assess anastomotic integrity. PubMed/MEDLINE and Embase online databases were searched for non-randomized and randomized case-control studies that investigated postoperative AL and/or AB rates in left-sided colonic resections, comparing intra-operative FE against conventional tests. Data from eligible studies were pooled, and a meta-analysis using Review Manager 5.3 software was performed to assess for differences in AL and AB rates. Data from six studies were analysed to assess the impact of FE on postoperative AL and AB rates (1084 and 751 patients respectively). Use of FE was associated with reduced postoperative AL and AB rates, from 6.9% to 3.5% and 5.8% to 2.4% respectively. Odds ratios favoured intra-operative FE: 0.37 (95% CI 0.21-0.68, P = 0.001) for AL and 0.35 (95% CI 0.15-0.82, P = 0.02) for AB. This meta-analysis showed that the use of intra-operative FE is associated with a reduced rate of postoperative AL and AB, compared to conventional anastomotic testing methods.
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In a pneumatic tire, one of causes for generating noise is cavity resonance noise resulting from vibration of air filled in the tire. This cavity resonance noise is generated due to the vibration of air inside the tire, the vibration being caused by a tread portion vibrating due to irregularities of a road surface, when the tire is rolled.
As a method of reducing noise caused by a cavity resonance phenomenon as described above, it has been proposed that a time period during which resonance occurs at a single resonance frequency is reduced by having cross-sectional areas of a cavity portion, which is formed between a tire and a rim of a wheel, varied in a tire circumferential direction (for example, refer to Patent Document 1). Furthermore, in order to realize variations in cross-sectional area of the cavity portion at regular intervals, it has been proposed that a plurality of objects are mounted on an inner surface of the tire by using an annular jig (for example, refer to Patent Document 2).
In the above methods, however, the plurality of objects have to be arranged in locations facing each other inside the cavity portion, and therefore, it is difficult to even a weight balance of the tire in the tire circumferential direction. As a result, there is a problem that uniformity of the pneumatic tire is deteriorated.
[Patent Document 1] Japanese patent application Kokai publication No. 2001-113902
[Patent Document 2] Japanese patent application Kokai publication No. 2003-226104
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Speech Speaks: Arrested Development’s Mastermind Thinking Aloud
This month I had the opportunity to interview Speech from the music group, Arrested Development. This is the first part of a two-part interview in which Speech shares his views on a range of topics including music, black internationalism, politics, and religion.
Born Todd Thomas in Milwaukee, Wisconsin, Speech started Arrested Development in 1987. Based in Georgia, the group became a pioneering force in the music world. Arrested Development received two Grammy Awards for the album, “3 years, 5 months and 2 days in the life of…” Their second album “Zingalamaduni” was met with critical acclaim and nominated for a Grammy. However, the group split five years after they had formed. After a much needed break and time to regroup, Speech reemerged onto the scene and signed a solo record deal with EMI. He has released 5 solo albums since 1996–all of which have spawned Top 10 hit singles in Japan. His album “Spiritual People” released in 2000 was certified Gold in Japan and awarded the Best Black Music Album of the year 2000 by ADLIB magazine. In 2000, Speech and Arrested Development began performing together again, delighting audiences all over the world with their positive and up lifting brand of hip hop. Their new albums “Changing the Narrative” and “This Was Never Home” are available on their website. Follow the band on Twitter @ADtheBand.”
Guy Emerson Mount: Thank you so much for agreeing to do this interview! I was a huge fan growing up and I’m sure I speak for many readers at Black Perspectives in saying that your work has been a significant touchstone in my intellectual development.
Speech: Thanks, that’s great to hear.
Mount: One of the meta-projects of Black Perspectives is to expand the definition of who counts as ‘an intellectual.’ Your artistry is clearly committed to the life of the mind. What does it mean to be an artist and a thinker?
Speech: I would say that all artists are thinkers and all thinkers are artists. Both fields are seeped in deep thought and powerful disciplines.
Mount: Agreed. Another core commitment of Black Perspectives is an analysis of black internationalism and diasporic exchange. Many readers are probably unaware of the fact that you are a huge deal in Japan. Far from “falling off” after Zingalamaduni in 1994, you have been busy the last two decades stretching the spatial limits of black thought across the Pacific. How do you read the Asian hip-hop scene and its interactions with black people and black culture?
Speech: It’s fascinating! They are very appreciative of our culture and they are studious in striving to learn about it, imitate, and evangelize it. It’s encouraging for us as American artists, because many of the Asian cultures really respect us more than we respect ourselves. They treat us with more care and awe than we do towards each other in America.
Mount: What’s it like being black in Japan?
Speech: While I’ve never lived in Japan, from what I’ve heard while touring, it’s great for men and jarring for women. Sexism is even more rampant there than it is here. Racially, I’ve had funny situations backstage where excited Japanese fans have come up to us and said, “We love Niggers!”
Mount: Whoa! Just a little problematic!
Speech: Yeah, but it was also hilarious because we knew by their faces and expressions that they meant absolutely no harm. They were simply going by the term that is used to describe us so much in contemporary rap music. And the language gap is such that many times they only understand general themes of rap music not the nuances. But I’ve always said that as rap has now grown up, it is even more important to create this extremely powerful music with purpose and not just acting as if we are only speaking to our “blocks” or “hoods.” We are projecting an image of us worldwide that can either work for our advancement or against it.
Mount: Good point. In the U.S. all we typically see about blackness in Asia is a handful of spectacular cases of appropriation, Asian people in blackface, or blatant anti-black racism. So it sounds like we might be missing a much deeper solidarity and affinity forming on the ground between black and Asian people through hip hop itself.
Speech: I think what we are missing is the deep emotional weapon we have at our disposal! Fela Kuti said, “Music is a weapon of the future.”
Mount: Shifting to more overt politics, I know that you have been an active supporter of both Black Lives Matter and Democratic party politics all while standing upon a more general black revolutionary platform in your music that is, in some ways, far to the Left of them both. As much as Pan-Africanism and Afrocentricity are clearly central to your thought you also make significant gestures in your music towards universalism, interracialism, and a class-based solidarity. How have your politics changed over time and where do you stand now vis-a-vis the current American political scene?
Speech: I used to speak about revolution even if the revolution resorted to aggressive violence. This included lyrics from “Give A Man A Fish“:
This government needs to be over thrown, brothers with their AK’s and the 9mm’s need to learn how to correctly shoot ‘em, save those rounds for a revolution, poor whites and blacks bum rushing the system.
Because of my Christian faith and my belief that there are spiritual ways to demolish strongholds, I no longer subscribe to violent aggression as something that I would support. However, for those that do subscribe to it, I still agree with what my lyrics say, namely, that violence and self-defense is one means to accomplish the revolution. Whether it be songs like, “United Minds,” “Shell,” “Raining Revolution,” or “Give a Man a Fish.”
Mount: What’s the state of the revolution as you see it today and where are the openings for black activists and thinkers to best advance your vision for social change?
Speech: The revolution is about fundamental change! We as a people throughout the diaspora must focus on unity of purpose—the purpose being self-determination and setting aside for the sake of unity the things that divide us (i.e., religion, class, etc.); create dependable information vehicles for our purpose to thrive (i.e. news shows, entertainment, business and culture vehicles); and 3) pool our resources together (i.e. support our own businesses financially, circulate our talents for collective growth, pool our natural resources together, world wide).
Mount: I agree provided, of course, we don’t end up defending capitalism or supporting something like #BankBlack uncritically. I know I would definitely classify your music as anti-capitalist and in listening to your recent TED talk you state that in a world of empty consumerism “[m]y spirit taught me that purpose lies in the glorious fields. Creating new narratives with vast possibilities and roads that have yet to be traveled.” Your new album is also titled “Changing The Narrative” and you describe it as “changing the topic of discussion from living the American Dream to being awake from it.” This theme of the master narrative of American history harkens me to Ta-Nehisi Coates’s critique of the “Dreamers.” Why do you think acknowledging the nightmare of the American dream is so traumatic for these Dreamers?
Speech: I think because it’s a deeply dark, grotesque, and traumatic history. And yet refusing to acknowledge it is like refusing to look at yourself in the mirror. It is from this beautiful and bloody history that we arrive at today, it’s a necessary journey for healing. The sole barrier is lack of priority. We are double-minded in our purpose. We love to wallow in oppression when the oppression is sheer materialism, the worship of money, the love of decadence or the love of pleasure but we hate oppression when some of us are murdered or imprisoned by that same system. When the system gives a few of us wealth, many of us cling to the dream of having that wealth as well, instead of seeing the system as manipulating us. We still believe that the system had us in mind when it promised, life, liberty, and the pursuit of happiness and in due time it will make its way to us all.
Mount: In your TED talk you also state that “My life, my music, it would always explore these alternatives and celebrate the unseen. The unseen tomorrows. The possible heavens on earth that we can create.” I see these statements, and your music, arguing for a cautious but enduring belief in an empowering brand of hopefulness. How do you square your hopefulness with your commitment to ‘The Struggle,’ as Coates calls it, even when you know full well the dangers of an overly-romantic hope-based teleology? Can we ever escape the passivity that hope so often engenders? Do we even need hope as a touchstone for empowerment at all or is there another way that we can access that power without all the baggage? Is there a way to salvage hope from its own hegemony?
Speech: I believe hope is the only thing that matters as long as it is fortified with action. Hope alone, like faith, is dead without deeds. I believe hopeless activism is an oxymoron.
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Copyright © AAIHS. May not be reprinted without permission
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Faculty Profiles
Richard H. Steinberg
Richard Steinberg writes and teaches in the areas of international law and international relations, with a focus on international economic law, international criminal law, and human rights. He currently teaches International Trade Law, International Business Transactions, and Theories of International Law. Professor Steinberg also directs two Law School clinics, one that leads students on research trips to study gender violence in Eastern Congo, and one that works with the Office of the Prosecutor of the International Criminal Court (ICC) on contemporary problems facing the ICC. He is also Director of the Sanela Diana Jenkins Human Rights Project, and Editor-in-Chief of the award-winning http://iccforum.com/.
In addition to his UCLA appointment, Professor Steinberg is currently Visiting Professor of Global Studies at Stanford, at the Center on Democracy, Development and Rule of Law at Stanford.
Professor Steinberg is a Member of the Council on Foreign Relations, and served on the Board of Editors of the American Journal of International Law from 2004-2014 and on the Editorial Board of International Organization from 2003-2012. He has taught law courses at Stanford Law School, the University of California Berkeley (Boalt Hall) School of Law, Sciences Po (Institut d’Etudes Politiques) in France, the University of Coimbra in Portugal, La Trobe University in Australia, and elsewhere.
Professor Steinberg has written over forty articles on international law. Recent books include: Assessing the Legacy of the ICTY (Martinus Nijhoff, 2011; BCS translation, ICTY, 2011), International Institutions (co-edited) (SAGE, 2009), International Law and International Relations (co-edited) (Cambridge University Press, 2007), and The Evolution of the Trade Regime: Economics, Law, and Politics of the GATT/WTO (co-authored) (Princeton University Press, 2006; Chinese translation, Peking University Press, 2013).
Prior to arriving at UCLA, Professor Steinberg worked as Assistant General Counsel to the United States Trade Representative in Washington, D.C., and later as an associate with Morrison & Foerster in San Francisco. He also served as Project Director at the Berkeley Roundtable on the International Economy (BRIE) at UC Berkeley.
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Dürer's Rhinoceros
Dürer's Rhinoceros is the name commonly given to a woodcut executed by German painter and printmaker Albrecht Dürer in 1515. The image is based on a written description and brief sketch by an unknown artist of an Indian rhinoceros that had arrived in Lisbon in 1515. Dürer never saw the actual rhinoceros, which was the first living example seen in Europe since Roman times. In late 1515, the King of Portugal, Manuel I, sent the animal as a gift for Pope Leo X, but it died in a shipwreck off the coast of Italy in early 1516. A live rhinoceros was not seen again in Europe until a second specimen, named Abada, arrived from India at the court of Sebastian of Portugal in 1577, being later inherited by Philip II of Spain around 1580.
Dürer's woodcut is not an entirely accurate representation of a rhinoceros. He depicts an animal with hard plates that cover its body like sheets of armour, with a gorget at the throat, a solid-looking breastplate, and rivets along the seams. He places a small twisted horn on its back and gives it scaly legs and saw-like rear quarters. None of these features are present in a real rhinoceros, although the Indian rhinoceros does have deep folds in its skin that can look like armor from a distance. Despite its anatomical inaccuracies, Dürer's woodcut became very popular in Europe and was copied many times in the following three centuries. It was regarded by Westerners as a true representation of a rhinoceros into the late 18th century. Eventually, it was supplanted by more realistic drawings and paintings, particularly those of Clara the rhinoceros, who toured Europe in the 1740s and 1750s. It has been said of Dürer's woodcut: "probably no animal picture has exerted such a profound influence on the arts".
The rhinoceros
On 20 May 1515, an Indian rhinoceros arrived in Lisbon from the Far East. In early 1514, Afonso de Albuquerque, governor of Portuguese India, sent ambassadors to Sultan Muzaffar Shah II, ruler of Cambay (modern Gujarat), to seek permission to build a fort on the island of Diu. The mission returned without an agreement, but diplomatic gifts were exchanged, including the rhinoceros. At that time, the rulers of different countries would occasionally send each other exotic animals to be kept in a menagerie. The rhinoceros was already well accustomed to being kept in captivity. Albuquerque decided to forward the gift, known by its Gujarati name of genda, and its Indian keeper, named Ocem, to King Manuel I of Portugal. It sailed on the Nossa Senhora da Ajuda, which left Goa in January 1515. The ship, captained by Francisco Pereira Coutinho, and two companion vessels, all loaded with exotic spices, sailed across the Indian Ocean, around the Cape of Good Hope and north through the Atlantic, stopping briefly in Mozambique, Saint Helena and the Azores.
After a relatively fast voyage of 120 days, the rhinoceros was finally unloaded in Portugal, near the site where the Manueline Belém Tower was under construction. The tower was later decorated with gargoyles shaped as rhinoceros heads under its corbels. A rhinoceros had not been seen in Europe since Roman times: it had become something of a mythical beast, occasionally conflated in bestiaries with the "monoceros" (unicorn), so the arrival of a living example created a sensation. In the context of the Renaissance, it was a piece of classical antiquity which had been rediscovered, like a statue or an inscription.
The animal was examined by scholars and the curious, and letters describing the fantastic creature were sent to correspondents throughout Europe. The earliest known image of the animal illustrates a poemetto by Florentine Giovanni Giacomo Penni, published in Rome on 13 July 1515, fewer than eight weeks after its arrival in Lisbon. The only known copy of the original published poem is held by the Institución Colombina in Seville.
It was housed in King Manuel's menagerie at the Ribeira Palace in Lisbon, separate from his elephants and other large beasts at the Estaus Palace. On Trinity Sunday, 3 June, Manuel arranged a fight with a young elephant from his collection, to test the account by Pliny the Elder that the elephant and the rhinoceros are bitter enemies. The rhinoceros advanced slowly and deliberately towards its foe; the elephant, unaccustomed to the noisy crowd that turned out to witness the spectacle, fled the field in panic before a single blow was struck.
Manuel decided to give the rhinoceros as a gift to the Medici Pope Leo X. The King was keen to curry favour with the Pope, to maintain the papal grants of exclusive possession to the new lands that his naval forces had been exploring in the Far East since Vasco da Gama discovered the sea route to India around Africa in 1498. The previous year, the Pope had been very pleased with Manuel's gift of a white elephant, also from India, which the Pope had named Hanno. Together with other precious gifts of silver plate and spices, the rhinoceros, with its new collar of green velvet decorated with flowers, embarked in December 1515 for the voyage from the Tagus to Rome. The vessel passed near Marseille in early 1516. King Francis I of France was returning from Saint-Maximin-la-Sainte-Baume in Provence, and requested a viewing of the beast. The Portuguese vessel stopped briefly at an island off Marseilles, where the rhinoceros disembarked to be beheld by the King on 24 January.
After resuming its journey, the ship was wrecked in a sudden storm as it passed through the narrows of Porto Venere, north of La Spezia on the coast of Liguria. The rhinoceros, chained and shackled to the deck to keep it under control, was unable to swim to safety and drowned. The carcass of the rhinoceros was recovered near Villefranche, and its hide was returned to Lisbon, where it was stuffed. Some reports say that the mounted skin was sent to Rome, arriving in February 1516, to be exhibited impagliato (Italian for "stuffed with straw"), although such a feat would have challenged 16th-century methods of taxidermy, which were still primitive. If a stuffed rhinoceros did arrive in Rome, its fate remains unknown: it might have been removed to Florence by the Medici or destroyed in the 1527 sack of Rome. In any event, there was not the popular sensation in Rome that the living beast had caused in Lisbon, although a rhinoceros was depicted in contemporary paintings in Rome by Giovanni da Udine and Raphael.
Dürer's woodcut
Valentim Fernandes, a Moravian merchant and printer, saw the rhinoceros in Lisbon shortly after it arrived and described it in a newsletter sent to the Nuremberg community of merchants in June 1515. The original document in German has not survived, but a transcript in Italian is held in the Biblioteca Nazionale Centrale in Florence. A second letter of unknown authorship was sent from Lisbon to Nuremberg at around the same time, enclosing a sketch by an unknown artist. Dürer – who was acquainted with the Portuguese community of the factory at Antwerp – saw the second letter and sketch in Nuremberg. He made a pen and ink drawing
and printed a reversed reflection of it.
The German inscription on the woodcut, drawing largely from Pliny's account, reads:
Dürer's woodcut is not an accurate representation of a rhinoceros. He depicts an animal with hard plates that cover its body like sheets of armour, with a gorget at the throat, a solid-looking breastplate, and rivets along the seams. He places a small twisted horn on its back and gives it scaly legs and saw-like rear quarters. None of these features is present in a real rhinoceros. It is possible that a suit of armour was forged for the rhinoceros's fight against the elephant in Portugal, and that these features depicted by Dürer are parts of the armour. Alternatively, Dürer's "armour" may represent the heavy folds of thick skin of an Indian rhinoceros, or, as with the other inaccuracies, may simply be misunderstandings or creative additions by Dürer. Dürer also draws a scaly texture over the body of the animal, including the "armour". This may be Dürer's attempt to reflect the rough and almost hairless hide of the Indian rhinoceros, which has wart-like bumps covering its upper legs and shoulders. On the other hand, his depiction of the texture may represent dermatitis induced by the rhinoceros' close confinement during the four-month journey by ship from India to Portugal.
A second woodcut was executed by Hans Burgkmair in Augsburg around the same time as Dürer's in Nuremberg. Burgkmair corresponded with merchants in Lisbon and Nuremberg, but it is not clear whether he had access to a letter or sketch as Dürer did, perhaps even Dürer's sources, or saw the animal himself in Portugal. His image is truer to life, omitting Dürer's more fanciful additions and including the shackles and chain used to restrain the rhinoceros; however, Dürer's woodcut is more powerful and eclipsed Burgkmair's in popularity. Only one impression (example) of Burgkmair's image has survived, whereas Dürer's print survives in many impressions. Dürer produced a first edition of his woodcut in 1515, in the first state, which is distinguished by only five lines of text in the heading. Many further printings followed after Dürer's death in 1528, including two in the 1540s, and two more in the late 16th century. Later printings have six lines of descriptive text.
The block passed into the hands of the Amsterdam printer and cartographer Willem Janssen (also called Willem Blaeu amongst other names). By this time the block was very damaged; the border lines were chipped, there were numerous woodworm holes and a pronounced crack had developed through the rhino's legs. Janssen decided to re-issue the block with the addition of a new tone block printed in a variety of colours, olive-green and dark green, as well as blue-grey. The resulting chiaroscuro woodcut, which entirely omitted the text, was published after 1620. There is an example in the British Museum. This was the seventh of the eight editions in all of the print.
Despite its errors, the image remained very popular, and was taken to be an accurate representation of a rhinoceros until the late 18th century. Dürer may have anticipated this and deliberately chosen to create a woodcut, rather than a more refined and detailed engraving, as this was cheaper to produce and more copies could be printed. Images derived from it were included in naturalist texts, including Sebastian Münster's Cosmographiae (1544), Conrad Gessner's Historiae Animalium (1551), Edward Topsell's Histoire of Foure-footed Beastes (1607) and many others. A rhinoceros that was clearly based on Dürer's woodcut was chosen by Alessandro de' Medici as his emblem in June 1536, with the motto "Non vuelvo sin vencer" (old Spanish for "I shall not return without victory"). A sculpture of a rhinoceros based on Dürer's image was placed at the base of a 70-foot (21 m) high obelisk designed by Jean Goujon and erected in front of the Church of the Sepulchre in the rue Saint-Denis in Paris in 1549 for the royal entry welcoming the arrival of the new King of France, Henry II. A similar rhinoceros, in relief, decorates a panel in one of the bronze west doors of Pisa Cathedral. The rhinoceros was depicted in numerous other paintings and sculptures and became a popular decoration for porcelain. The popularity of the inaccurate Dürer image remained undiminished despite an Indian rhinoceros spending eight years in Madrid from 1580 to 1588 (although a few examples of a print of the Madrid rhinoceros sketched by Philippe Galle in Antwerp in 1586, and derivative works, have survived), and the exhibition of a live rhinoceros in London a century later, from 1684–86, and of a second individual after 1739.
The pre-eminent position of Dürer's image and its derivatives declined from the mid-to-late-18th century when more live rhinoceroses were transported to Europe, shown to the curious public, and depicted in more accurate representations. Jean-Baptiste Oudry painted a life-size portrait of Clara the rhinoceros in 1749, and George Stubbs painted a large portrait of a rhinoceros in London around 1790. Both of these paintings were more accurate than Dürer's woodcut, and a more realistic conception of the rhinoceros gradually started to displace Dürer's image in the public imagination. In particular, Oudry's painting was the inspiration for a plate in Buffon's encyclopedic Histoire naturelle, which was widely copied. In 1790, James Bruce's travelogue Travels to discover the source of the Nile dismissed Dürer's work as "wonderfully ill-executed in all its parts" and "the origin of all the monstrous forms under which that animal has been painted, ever since". Even so, Bruce's own illustration of the African white rhinoceros, which is noticeably different in appearance to the Indian rhinoceros, still shares conspicuous inaccuracies with Dürer's work. Semiotician Umberto Eco argues (fetching the idea from E.H. Gombrich, Art and Illusion: A Study in the Psychology of Pictorial Representation, 1961) that Dürer's "scales and imbricated plates" became a necessary element of depicting the animal, even to those who might know better, because "they knew that only these conventionalized graphic signs could denote «rhinoceros» to the person interpreting the iconic sign." He also notes that the skin of a rhinoceros is rougher than it visually appears and that such plates and scales portray this non-visual information to a degree.
Until the late 1930s, Dürer's image appeared in school textbooks in Germany as a faithful image of the rhinoceros; and it remains a powerful artistic influence. It was one of the inspirations for Salvador Dalí; a reproduction of the woodcut hung in his childhood home and he used the image in several of his works.
Sale history
Although very popular, few prints have survived and impressions of the first edition are very rare. A fine example was sold at Christie's New York in 2013 for $866,500, setting a new auction record for the artist.
Notes
References
(particularly Chapter 5, "The Ill-Fated Rhinoceros")
(particularly Chapter 1, "The first Lisbon or 'Dürer Rhinoceros' of 1515")
Cole, F.J. (Francis Joseph), "The History of Albrecht Durer's Rhinoceros in Zoological Literature," essay in Underwood, E. Ashworth (ed.), Science, Medicine and History: Essays on the Evolution of Scientific Thought and Medical Practice, Written in Honour of Charles Singer, Volume 1 (Oxford University Press, 1953), pp. [337]-356, plates 23-31.
This article was originally based on a translation of part of an article of the French Wikipedia, dated 2006-07-18
Further reading
David Quammen (2000), The Boilerplate Rhino: Nature in the Eye of the Beholder, Scribner, (particularly p. 201–209, The Boilerplate Rhino, previously published in this "Natural Acts" column in Outside magazine, June 1993)
The Story of Süleyman. Celebrity Elephants and other exotica in Renaissance Portugal, Annemarie Jordan Gschwend, Zurich, Switzerland, 2010,
External links
BBC audio file A History of the World in 100 Objects
Rhino Images by Albert Dürer
Category:1515 works
Category:1516
Category:Mammals in art
Category:Prints and drawings in the British Museum
Rhinoceros
Category:Individual rhinoceroses
Category:Woodcuts
Category:1515 in art
Category:Rhinoceroses
Category:Animals as diplomatic gifts
Category:16th-century prints
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---
abstract: 'In a conformal class of metrics with positive Yamabe invariant, we derive a necessary and sufficient condition for the existence of metrics with positive $Q$ curvature. The condition is conformally invariant. We also prove some inequalities between the Green’s functions of the conformal Laplacian operator and the Paneitz operator.'
address:
- 'Courant Institute, New York University, 251 Mercer Street, New York NY 10012'
- 'Department of Mathematics, Princeton University, Fine Hall, Washington Road, Princeton NJ 08544'
author:
- Fengbo Hang
- 'Paul C. Yang'
title: 'Sign of Green’s function of Paneitz operators and the $Q$ curvature'
---
Introduction\[sec1\]
====================
Since the fundamental work [@CGY] in dimension $4$, the Paneitz operator and associated $Q$ curvature in dimension other than $4$ (see [@B; @P]) attracts much attention (see [@DHL; @GM; @HY1; @HeR1; @HeR2; @HuR; @QR] etc and the references therein). Let $\left( M,g\right) $ be a smooth compact $n$ dimensional Riemannian manifold. For $n\geq 3$, the $Q$ curvature is given by$$Q=-\frac{1}{2\left( n-1\right) }\Delta R-\frac{2}{\left( n-2\right) ^{2}}\left\vert Rc\right\vert ^{2}+\frac{n^{3}-4n^{2}+16n-16}{8\left( n-1\right)
^{2}\left( n-2\right) ^{2}}R^{2}. \label{eq1.1}$$Here $R$ is the scalar curvature, $Rc$ is the Ricci tensor. The Paneitz operator is given by$$\begin{aligned}
&&P\varphi \label{eq1.2} \\
&=&\Delta ^{2}\varphi +\frac{4}{n-2}\func{div}\left( Rc\left( \nabla \varphi
,e_{i}\right) e_{i}\right) -\frac{n^{2}-4n+8}{2\left( n-1\right) \left(
n-2\right) }\func{div}\left( R\nabla \varphi \right) +\frac{n-4}{2}Q\varphi .
\notag\end{aligned}$$Here $e_{1},\cdots ,e_{n}$ is a local orthonormal frame with respect to $g$. For $n\neq 4$, under conformal transformation of the metric, the operator satisfies$$P_{\rho ^{\frac{4}{n-4}}g}\varphi =\rho ^{-\frac{n+4}{n-4}}P_{g}\left( \rho
\varphi \right) . \label{eq1.3}$$Note this is similar to the conformal Laplacian operator, which appears naturally when considering transformation law of the scalar curvature under conformal change of metric ([@LP]). As a consequence we know$$P_{\rho ^{\frac{4}{n-4}}g}\varphi \cdot \psi d\mu _{\rho ^{\frac{4}{n-4}}g}=P_{g}\left( \rho \varphi \right) \cdot \rho \psi d\mu _{g}.
\label{eq1.4}$$Here $\mu _{g}$ is the measure associated with metric $g$. Moreover$$\ker P_{g}=0\Leftrightarrow \ker P_{\rho ^{\frac{4}{n-4}}g}=0, \label{eq1.5}$$and under this assumption, the Green’s functions $G_{P}$ satisfy the transformation law$$G_{P,\rho ^{\frac{4}{n-4}}g}\left( p,q\right) =\rho \left( p\right)
^{-1}\rho \left( q\right) ^{-1}G_{P,g}\left( p,q\right) . \label{eq1.6}$$For $u,v\in C^{\infty }\left( M\right) $, we denote the quadratic form associated with $P$ as$$\begin{aligned}
&&E\left( u,v\right) \label{eq1.7} \\
&=&\int_{M}Pu\cdot vd\mu \notag \\
&=&\int_{M}\left( \Delta u\Delta v-\frac{4}{n-2}Rc\left( \nabla u,\nabla
v\right) +\frac{n^{2}-4n+8}{2\left( n-1\right) \left( n-2\right) }R\nabla
u\cdot \nabla v\right. \notag \\
&&\left. +\frac{n-4}{2}Quv\right) d\mu \notag\end{aligned}$$and$$E\left( u\right) =E\left( u,u\right) . \label{eq1.8}$$By the integration by parts formula in (\[eq1.7\]) we know $E\left(
u,v\right) $ also makes sense for $u,v\in H^{2}\left( M\right) $.
To continue we recall (see [@LP]) for $n\geq 3$, on a smooth compact Riemannian manifold $\left( M^{n},g\right) $, the conformal Laplacian operator is given by$$L_{g}\varphi =-\frac{4\left( n-1\right) }{n-2}\Delta \varphi +R\varphi .
\label{eq1.9}$$The Yamabe invariant is defined as$$\begin{aligned}
&&Y\left( g\right) \label{eq1.10} \\
&=&\inf \left\{ \frac{\int_{M}\widetilde{R}d\widetilde{\mu }}{\left(
\widetilde{\mu }\left( M\right) \right) ^{\frac{n-2}{n}}}:\widetilde{g}=\rho
^{2}g\text{ for some positive smooth function }\rho \right\} \notag \\
&=&\inf \left\{ \frac{\int_{M}L_{g}\varphi \cdot \varphi d\mu }{\left\Vert
\varphi \right\Vert _{L^{\frac{2n}{n-2}}}^{2}}:\varphi \text{ is a nonzero
smooth function on }M\right\} . \notag\end{aligned}$$A basic but useful fact about the scalar curvature is$$\begin{gathered}
Y\left( g\right) >0\Leftrightarrow \lambda _{1}\left( L_{g}\right) >0
\label{eq1.11} \\
\Leftrightarrow g\text{ is conformal to a metric with scalar curvature}>0\text{.} \notag\end{gathered}$$Indeed more is true, namely the equivalence still holds if we replace all “$> $” by “$="$ or ”$<$". Here $\lambda _{1}\left( L_{g}\right) $ is the first eigenvalue of $L_{g}$. It is clear $Y\left( g\right) $ is a conformal invariant, on the other hand the sign of $\lambda _{1}\left( L_{g}\right) $ is also conformally invariant. The main reason that (\[eq1.11\]) holds is based on the fact the first eigenfunction of a second order symmetric differential operator does not change sign. Unfortunately such kind of property is known to be not valid for higher order operators. The following question keeps puzzling people from the beginning of research on $Q$ curvature in dimension other than $4$, namely: can we find a conformal invariant condition which is equivalent to the existence of positive $Q$ curvature in the conformal class (in the same spirit as (\[eq1.11\]))? Here we give an answer to this question for conformal class with positive Yamabe invariant.
\[thm1.1\]Let $n>4$ and $\left( M^{n},g\right) $ be a smooth compact Riemannian manifold with Yamabe invariant $Y\left( g\right) >0$, then the following statements are equivalent
1. there exists a positive smooth function $\rho $ with $Q_{\rho ^{2}g}>0$.
2. $\ker P_{g}=0$ and the Green’s function $G_{P}\left( p,q\right) >0$ for any $p,q\in M,p\neq q$.
3. $\ker P_{g}=0$ and there exists a $p\in M$ such that $G_{P}\left(
p,q\right) >0$ for $q\in M\backslash \left\{ p\right\} $.
Along the way we also find the following comparison inequality between Green’s function of $L$ and $P$.
\[prop1.1\]Assume $n>4$, $\left( M^{n},g\right) $ is a smooth compact Riemannian manifold with $Y\left( g\right) >0$, $Q\geq 0$ and not identically zero, then $\ker P=0$ and$$G_{L}^{\frac{n-4}{n-2}}\leq c_{n}G_{P}. \label{eq1.12}$$Here$$c_{n}=2^{-\frac{n-6}{n-2}}n^{\frac{2}{n-2}}\left( n-1\right) ^{-\frac{n-4}{n-2}}\left( n-2\right) \left( n-4\right) \omega _{n}^{\frac{2}{n-2}},
\label{eq1.13}$$$\omega _{n}$ is the volume of unit ball in $\mathbb{R}^{n}$. Moreover if $G_{L}^{\frac{n-4}{n-2}}\left( p,q\right) =c_{n}G_{P}\left( p,q\right) $ for some $p\neq q$, then $\left( M,g\right) $ is conformal diffeomorphic to the standard sphere.
In dimension $3$ we have
\[thm1.2\]Let $\left( M,g\right) $ be a smooth compact $3$ dimensional Riemannian manifold with Yamabe invariant $Y\left( g\right) >0$, then the following statements are equivalent
1. there exists a positive smooth function $\rho $ with $Q_{\rho ^{2}g}>0$.
2. $\ker P_{g}=0$ and $G_{P}\left( p,q\right) <0$ for any $p,q\in M,p\neq
q$.
3. $\ker P_{g}=0$ and there exists a $p\in M$ such that $G_{P}\left(
p,q\right) <0$ for $q\in M\backslash \left\{ p\right\} $.
Similar to Proposition \[prop1.1\], we have
\[prop1.2\]Let $\left( M,g\right) $ be a smooth compact $3$ dimensional Riemannian manifold with $Y\left( g\right) >0$, $Q\geq 0$ and not identically zero, then $\ker P=0$ and$$G_{L}^{-1}\leq -256\pi ^{2}G_{P}. \label{eq1.14}$$If for some $p,q\in M$, $G_{L}^{-1}\left( p,q\right) =-256\pi
^{2}G_{P}\left( p,q\right) $, then $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{3}$ (note here $p$ can be equal to $q$).
In dimension $4$ we have the following (see Corollary \[cor5.1\])
\[prop1.3\]Assume $\left( M,g\right) $ is a smooth compact $4$ dimensional Riemannian manifold, $Y\left( g\right) >0$, then for any $p\in M$,$$\int_{M}Qd\mu +\frac{1}{2}\int_{M}\left\vert Rc_{G_{L,p}^{2}g}\right\vert
_{G_{L,p}^{2}g}^{2}d\mu _{G_{L,p}^{2}g}=16\pi ^{2}. \label{eq1.15}$$In particular, $\int_{M}Qd\mu \leq 16\pi ^{2}$ and equality holds if and only if $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{4}$.
It is worthwhile to point out that the proof of Theorem B in [@G], which gives the inequality in Proposition \[prop1.3\], is elementary and does not use the positive mass theorem. Our argument is also elementary and identifies the difference between $\int_{M}Qd\mu $ and $16\pi ^{2}$.
Theorem \[thm1.1\] and \[thm1.2\] are motivated by works on the $Q$ curvature in dimension $5$ or higher ([@GM; @HeR1; @HeR2; @HuR]) and in dimension $3$ ([@HY1; @HY2; @HY3]). In [@HeR1; @HeR2], it was shown in some cases compactness property for solutions of the $Q$ curvature equation can be derived under the assumption that the Green’s function is positive. Recently [@GM] showed that the Green’s function is indeed positive when both scalar curvature and $Q$ curvature are positive. Theorem \[thm1.1\] says we could relax the assumption to $Y\left( g\right) >0,Q_{g}>0$. Whether these two kinds of assumptions are equivalent or not is still unknown. The main approach in [@GM] is roughly speaking by applying the maximum principle twice. In [@HY3], by replacing maximum principle with the weak Harnack inequality it was shown that for metrics with $R>0$ and $Q>0$, $P$ is invertible and $G_{P}\left( p,q\right) <0$ for $p\neq q$. Theorem [thm1.2]{} relax the assumption to $Y\left( g\right) >0$ and $Q>0$. The main new ingredient in our proof of Theorem \[thm1.1\] and \[thm1.2\] is the formula (\[eq2.1\]), which is closely related to the arguments in [HuR]{}. In [@HY4], we will apply the results on Green’s function to solution of $Q$ curvature equations. In section \[sec2\] we will prove the main formula (\[eq2.1\]). In sections \[sec3\] and \[sec4\] we will prove Theorem \[thm1.1\] and \[thm1.2\] respectively. In section [sec5]{} we will derive the corresponding formula of (\[eq2.1\]) in dimension $4$. In particular Proposition \[prop1.3\] follows from the formula. In section \[sec6\], we will show that the positive mass theorem for Paneitz operator in [@GM; @HuR] can be deduced from (\[eq2.1\]) too.
An identity connecting the Green’s function of conformal Laplacian operator and Paneitz operator\[sec2\]
========================================================================================================
Here we will derive an interesting formula which illustrates the close relation between Green’s function of conformal Laplacian operator and the Paneitz operator. This identity will play a crucial role later.
To motivate the discussion, we note that positive Yamabe invariant implies we have a positive Green’s function for the conformal Laplacian operator. Even though we do not know whether $P$ is invertible or not, we may still try to search for its Green’s function. Note that the possible Green’s function should have same highest order singular term as $G_{L,p}^{\frac{n-4}{n-2}}$ (modulus dimension constant), we can use $G_{L,p}^{\frac{n-4}{n-2}}$ as a first step approximation. Along this line we compute $P\left( G_{L,p}^{\frac{n-4}{n-2}}\right) $ and arrive at the interesting formula (\[eq2.1\]).
\[prop2.1\]Assume $n\geq 3$, $n\neq 4$, $\left( M,g\right) $ is a $n$ dimensional smooth compact Riemannian manifold with $Y\left( g\right) >0$, $p\in M$, then we have $G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}\in L^{1}\left( M\right) $ and$$P\left( G_{L,p}^{\frac{n-4}{n-2}}\right) =c_{n}\delta _{p}-\frac{n-4}{\left(
n-2\right) ^{2}}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2} \label{eq2.1}$$in distribution sense. Here$$c_{n}=2^{-\frac{n-6}{n-2}}n^{\frac{2}{n-2}}\left( n-1\right) ^{-\frac{n-4}{n-2}}\left( n-2\right) \left( n-4\right) \omega _{n}^{\frac{2}{n-2}},
\label{eq2.2}$$$\omega _{n}$ is the volume of unit ball in $\mathbb{R}^{n}$, $G_{L,p}$ is the Green’s function of conformal Laplacian operator $L=-\frac{4\left(
n-1\right) }{n-2}\Delta +R$ with pole at $p$.
It is worth pointing out that the metric $G_{L,p}^{\frac{4}{n-2}}g$ on $M\backslash \left\{ p\right\} $ is exactly the stereographic projection of $\left( M,g\right) $ at $p$ ([@LP]). To prove the proposition, let us first check what happens under a conformal change of the metric. If $\rho
\in C^{\infty }\left( M\right) $ is a positive function, let $\widetilde{g}=\rho ^{\frac{4}{n-2}}g$, then using$$G_{\widetilde{L},p}\left( q\right) =\rho \left( p\right) ^{-1}\rho \left(
q\right) ^{-1}G_{L,p}\left( q\right)$$we see$$G_{\widetilde{L},p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{\widetilde{L},p}^{\frac{4}{n-2}}\widetilde{g}}\right\vert _{\widetilde{g}}^{2}d\widetilde{\mu }=\rho \left( p\right) ^{-\frac{n-4}{n-2}}\rho ^{\frac{n-4}{n-2}}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert
_{g}^{2}d\mu . \label{eq2.3}$$Hence we only need to check $G_{L,p}^{\frac{n-4}{n-2}}\left\vert
Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}\in L^{1}\left( M\right) $ for a conformal metric.
By the existence of conformal normal coordinate ([@LP]) we can assume $\exp _{p}$ preserve the volume near $p$. Let $x_{1},\cdots ,x_{n}$ be a normal coordinate at $p$, denote $r=\left\vert x\right\vert $, then (see [@LP])$$G_{L,p}=\frac{1}{4n\left( n-1\right) \omega _{n}}r^{2-n}\left( 1+O^{\left(
4\right) }\left( r\right) \right) . \label{eq2.4}$$As usual, we say $f=O^{\left( m\right) }\left( r^{\theta }\right) $ to mean $f$ is $C^{m}$ in the punctured neighborhood with $\partial _{i_{1}\cdots
i_{k}}f=O\left( r^{\theta -k}\right) $ for $0\leq k\leq m$. By (\[eq2.4\]) and the transformation law$$\begin{aligned}
Rc_{G_{L,p}^{\frac{4}{n-2}}g} &=&Rc-2D^{2}\log G_{L,p}+\frac{4}{n-2}d\log
G_{L,p}\otimes d\log G_{L,p} \label{eq2.5} \\
&&-\left( \frac{2}{n-2}\Delta \log G_{L,p}+\frac{4}{n-2}\left\vert \nabla
\log G_{L,p}\right\vert ^{2}\right) g, \notag\end{aligned}$$careful calculation shows$$\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}=O\left( \frac{1}{r}\right) . \label{eq2.6}$$It follows that$$G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert
_{g}^{2}=O\left( r^{2-n}\right)$$hence it belongs to $L^{1}\left( M\right) $.
To continue, we observe that equation (\[eq2.1\]) is the same as$$\int_{M}G_{L,p}^{\frac{n-4}{n-2}}P\varphi d\mu =c_{n}\varphi \left( p\right)
-\frac{n-4}{\left( n-2\right) ^{2}}\int_{M}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}\varphi d\mu
\label{eq2.7}$$for any $\varphi \in C^{\infty }\left( M\right) $. A similar check as before shows (\[eq2.7\]) is conformally invariant.
Again we assume $\exp _{p}$ preserves the volume near $p$, then for $\delta
>0$ small, it follows from (\[eq2.4\]) that$$PG_{L,p}^{\frac{n-4}{n-2}}=c_{n}\delta +\text{a }L^{1}\text{ function}
\label{eq2.8}$$on $B_{\delta }\left( p\right) $ in distribution sense. On the other hand, on $M\backslash \left\{ p\right\} $ using (\[eq1.2\]) and (\[eq1.3\]) we have$$\begin{aligned}
P_{g}\left( G_{L,p}^{\frac{n-4}{n-2}}\right) &=&G_{L,p}^{\frac{n+4}{n-2}}P_{G_{L,p}^{\frac{4}{n-2}}g}1 \label{eq2.9} \\
&=&\frac{n-4}{2}G_{L,p}^{\frac{n+4}{n-2}}Q_{G_{L,p}^{\frac{4}{n-2}}g} \notag
\\
&=&-\frac{n-4}{\left( n-2\right) ^{2}}G_{L,p}^{\frac{n-4}{n-2}}\left\vert
Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}. \notag\end{aligned}$$Here we have used the fact $R_{G_{L,p}^{\frac{4}{n-2}}g}=0$. Combine ([eq2.8]{}) and (\[eq2.9\]) we get (\[eq2.1\]).
The case dimension $n>4$\[sec3\]
================================
Throughout this section we will assume $\left( M,g\right) $ is a smooth compact Riemannian manifold with dimension $n>4$.
\[lem3.1\]Assume $n>4$, $Y\left( g\right) >0$, $u\in C^{\infty }\left(
M\right) $ such that $u\geq 0$ and $Pu\geq 0$. If for some $p\in M$, $u\left( p\right) =0$, then $u\equiv 0$.
By (\[eq2.1\]) we have$$\int_{M}G_{L,p}^{\frac{n-4}{n-2}}Pud\mu =-\frac{n-4}{\left( n-2\right) ^{2}}\int_{M}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}ud\mu .$$Hence $Pu=0$ and $\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert
_{g}^{2}u=0$.
If $u$ is not identically zero, then by unique continuation property we know $\left\{ u\neq 0\right\} $ is dense, hence $Rc_{G_{L,p}^{\frac{4}{n-2}}g}=0$. Since $\left( M\backslash \left\{ p\right\} ,G_{L,p}^{\frac{4}{n-2}}g\right) $ is asymptotically flat, it follows from relative volume comparison theorem that $\left( M\backslash \left\{ p\right\} ,G_{L,p}^{\frac{4}{n-2}}g\right) $ is isometric to the standard $\mathbb{R}^{n}$. In particular $\left( M,g\right) $ must be locally conformally flat and simply connected compact manifold, hence it is conformal to the standard $S^{n}$ by [@K]. But in this case we have $\ker P=0$, hence $u=0$, a contradiction.
\[rmk3.1\]Indeed the same argument gives us the following statement: If $n>4$, $Y\left( g\right) >0$, $u\in L^{1}\left( M\right) $ such that $u\geq 0$ and $Pu\geq 0$ in distribution sense, for some $p\in M$, $u$ is smooth near $p$ and $u\left( p\right) =0$, then $u\equiv 0$.
A straightforward consequence of Lemma \[lem3.1\] is the following useful fact.
\[prop3.1\]Assume $n>4$, $Y\left( g\right) >0$, $Q\geq 0$. If $u\in
C^{\infty }\left( M\right) $ such that $Pu\geq 0$ and $u$ is not identically constant, then $u>0$.
If the conclusion of the proposition is false, then $u\left( p\right)
=\min_{M}u\leq 0$ for some $p$. Let $\lambda =-u\left( p\right) \geq 0$, then $u+\lambda \geq 0$, $u\left( p\right) +\lambda =0$ and$$P\left( u+\lambda \right) =Pu+\frac{n-4}{2}\lambda Q\geq 0.$$It follows from the Lemma \[lem3.1\] that $u+\lambda \equiv 0$. This contradicts with the fact $u$ is not a constant function.
Proposition \[prop3.1\] helps us determine the null space of $P$ without information on the first eigenvalue.
\[cor3.1\]Assume $n>4$, $Y\left( g\right) >0$, $Q\geq 0$, then$$\ker P\subset \left\{ \text{constant functions}\right\} .$$If in addition, $Q$ is not identically zero, then $\ker P=0$ i.e. $0$ is not an eigenvalue of $P$.
Assume $Pu=0$. If $u$ is not a constant function, then it follows from Proposition \[prop3.1\] that $u>0$ and $-u>0$, a contradiction.
Now we ready to prove half of Theorem \[thm1.1\].
\[lem3.2\]Assume $n>4$, $Y\left( g\right) >0$, $Q\geq 0$ and not identically zero, then $\ker P=0$, moreover the Green’s function $G_{P,p}\left( q\right) =G_{P}\left( p,q\right) >0$ for $p\neq q$.
By Corollary \[cor3.1\], we know $\ker P=0$. Hence for any $f\in C^{\infty
}\left( M\right) $, there exists a unique $u\in C^{\infty }\left( M\right) $ with $Pu=f$, moreover$$u\left( p\right) =\int_{M}G_{P,p}\left( q\right) f\left( q\right) d\mu
\left( q\right) .$$If $f\geq 0$, it follows from the Proposition \[prop3.1\] that $u\geq 0$. Hence $G_{P,p}\geq 0$. If $G_{P,p}\left( q\right) =0$ for some $q$, since $PG_{P,p}=\delta _{p}\geq 0$ in distribution sense, we know from the Remark \[rmk3.1\] that $G_{P,p}\equiv 0$, a contradiction. Hence $G_{P,p}\left(
q\right) >0$ for $p\neq q$.
Next let us give the full argument of Theorem \[thm1.1\].
(1)$\Rightarrow $(2): This follows from Lemma \[lem3.2\], (\[eq1.5\]) and (\[eq1.6\]).
(2)$\Rightarrow $(1): This follows from the classical Krein-Rutman theorem ([@L]). Since our case is relatively simple, we provide the argument here. Define the integral operator $T$ as$$Tf\left( p\right) =\int_{M}G_{P}\left( p,q\right) f\left( q\right) d\mu
\left( q\right) .$$$T$ is the inverse operator of $P$. Let$$\alpha _{1}=\sup_{f\in L^{2}\left( M\right) \backslash \left\{ 0\right\} }\frac{\int_{M}Tf\cdot fd\mu }{\left\Vert f\right\Vert _{L^{2}}^{2}}>0.$$$\alpha _{1}$ is an eigenvalue of $T$. We note all eigenfunctions of $\alpha
_{1}$ does not change sign. Indeed say $T\varphi =\alpha _{1}\varphi $, $\int_{M}\varphi ^{2}d\mu =1$, we have$$\int_{M}\left( \varphi _{+}^{2}+\varphi _{-}^{2}\right) d\mu =1.$$Here $\varphi _{+}=\max \left\{ \varphi ,0\right\} $, $\varphi _{-}=\max
\left\{ -\varphi ,0\right\} $. Without losing of generality, we assume $\varphi _{+}$ is not identically zero. Then$$\begin{aligned}
\alpha _{1} &=&\int_{M}T\varphi \cdot \varphi d\mu \\
&=&\int_{M}T\varphi _{+}\cdot \varphi _{+}d\mu +\int_{M}T\varphi _{-}\cdot
\varphi _{-}d\mu -2\int_{M}T\varphi _{+}\cdot \varphi _{-}d\mu \\
&\leq &\alpha _{1}-2\int_{M}T\varphi _{+}\cdot \varphi _{-}d\mu .\end{aligned}$$Hence $\int_{M}T\varphi _{+}\cdot \varphi _{-}d\mu =0$. Since $T\varphi
_{+}>0$, we see $\varphi _{-}=0$. Hence $\varphi \geq 0$. Because $T\varphi
=\alpha _{1}\varphi $ we see $\varphi \in C^{\infty }\left( M\right) $ and $\varphi >0$. It follows that $\alpha _{1}$ must be a simple eigenvalue and $P\varphi =\alpha _{1}^{-1}\varphi $, hence$$Q_{\varphi ^{\frac{4}{n-4}}g}=\frac{2}{n-4}P_{\varphi ^{\frac{4}{n-4}}g}1=\frac{2}{n-4}\varphi ^{-\frac{n+4}{n-4}}P_{g}\varphi =\frac{2}{n-4}\alpha
_{1}^{-1}\varphi ^{-\frac{8}{n-4}}>0.$$
(2)$\Rightarrow $(3): Assume $p_{0}\in M$ such that $G_{P,p_{0}}>0$. For $p\in M$, define$$\Theta \left( p\right) =\min_{q\in M\backslash \left\{ p\right\}
}G_{P}\left( p,q\right)$$Then we have $\Theta \left( p_{0}\right) >0$. We note that $\Theta \left(
p\right) \neq 0$ for any $p\in M$. Otherwise, say $\Theta \left( p\right) =0$, then $G_{P,p}\geq 0$ and $G_{P,p}\left( q\right) =0$ for some $q\neq p$. It follows from Remark \[rmk3.1\] that $G_{P,p}=const$, a contradiction. Since $M$ is connected we see $\Theta \left( p\right) >0$ for all $p$. In another word, $G_{P}\left( p,q\right) >0$ for $p\neq q$.
\[rmk3.2\]In the proof of (2)$\Rightarrow $(1), a similar argument tells us if $\beta $ is an eigenvalue of $T$, $\beta \neq \alpha _{1}$, then $\left\vert \beta \right\vert <\alpha _{1}$. It follows that when $G_{P}$ is positive, the smallest **positive** eigenvalue of $P$ must be simple and its eigenfunction must be either strictly positive or strictly negative. Moreover if $\lambda $ is a negative eigenvalue of $P$, then $\left\vert
\lambda \right\vert $ is strictly bigger than the smallest positive eigenvalue.
By Lemma \[lem3.2\] we know $\ker P=0$ and $G_{P}>0$. From (\[eq2.1\]) we know$$P\left( G_{L,p}^{\frac{n-4}{n-2}}-c_{n}G_{P,p}\right) =-\frac{n-4}{\left(
n-2\right) ^{2}}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}\leq 0.$$Hence $G_{L,p}^{\frac{n-4}{n-2}}\leq c_{n}G_{P,p}$. If for some $q\neq p$, $G_{L,p}^{\frac{n-4}{n-2}}\left( q\right) =c_{n}G_{P,p}\left( q\right) $, then $Rc_{G_{L,p}^{\frac{4}{n-2}}g}=0$, hence $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{n}$ by the argument in the proof of Lemma \[lem3.1\].
$3$ dimensional case\[sec4\]
============================
Throughout this section we assume $\left( M,g\right) $ is a smooth compact Riemannian manifold of dimension $3$.
If $Y\left( g\right) >0$, then for $p\in M$, (\[eq2.1\]) becomes$$P\left( G_{L,p}^{-1}\right) =-256\pi ^{2}\delta _{p}+G_{L,p}^{-1}\left\vert
Rc_{G_{L,p}^{4}g}\right\vert _{g}^{2}. \label{eq4.1}$$Note here $G_{L,p}^{-1}\in H^{2}\left( M\right) $.
\[lem4.1\]Assume $Y\left( g\right) >0$, $u\in H^{2}\left( M\right) $ such that $u\geq 0$, $Pu\leq 0$ in distribution sense. If for some $p\in M$, $u\left( p\right) =0$, then either $u\equiv 0$ or $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{3}$ and $u$ is a constant multiple of $G_{P,p}$.
Using the fact $G_{L,p}^{-1}\in H^{2}\left( M\right) $, it follows from ([eq4.1]{}) that$$\int_{M}G_{L,p}^{-1}Pud\mu -\int_{M}G_{L,p}^{-1}\left\vert
Rc_{G_{L,p}^{4}g}\right\vert _{g}^{2}ud\mu =0.$$Note here$$\int_{M}G_{L,p}^{-1}Pud\mu =E\left( G_{L,p}^{-1},u\right) .$$Hence $\int_{M}G_{L,p}^{-1}Pud\mu =0$ and $\int_{M}G_{L,p}^{-1}\left\vert
Rc_{G_{L,p}^{4}g}\right\vert _{g}^{2}ud\mu =0$. Hence $\left\vert
Rc_{G_{L,p}^{4}g}\right\vert _{g}^{2}u=0$. Since $Pu$ must be a measure, we see $Pu=const\cdot \delta _{p}$. In particular $u$ is smooth on $M\backslash
\left\{ p\right\} $. If $u$ is not identically zero, it follows from unique continuation property that the set $\left\{ u\neq 0\right\} $ is dense, and hence $Rc_{G_{L,p}^{4}g}=0$. Same argument as in the proof of Lemma [lem3.1]{} tells us $\left( M,g\right) $ must be conformal diffeomorphic to the standard $S^{3}$, and hence $u=const\cdot G_{P,p}$.
\[prop4.1\]Assume $Y\left( g\right) >0$, $Q\geq 0$. If $u\in C^{\infty
}\left( M\right) $ such that $Pu\leq 0$ and $u$ is not identically constant, then $u>0$.
If the conclusion of the proposition is false, then $u\left( p\right)
=\min_{M}u\leq 0$ for some $p$. Let $\lambda =-u\left( p\right) \geq 0$, then $u+\lambda \geq 0$, $u\left( p\right) +\lambda =0$ and$$P\left( u+\lambda \right) =Pu-\lambda Q\leq 0.$$It follows from the Lemma \[lem4.1\] that $u+\lambda \equiv 0$. This contradicts with the fact $u$ is not a constant function.
\[cor4.1\]Assume $Y\left( g\right) >0$, $Q\geq 0$, then $\ker P\subset
\left\{ \text{constant functions}\right\} $. If in addition, $Q$ is not identically zero, then $\ker P=0$ i.e. $0$ is not an eigenvalue of $P$.
Assume $Pu=0$. If $u$ is not a constant function, then it follows from Proposition \[prop4.1\] that $u>0$ and $-u>0$, a contradiction.
\[lem4.2\]Assume $Y\left( g\right) >0$, $Q\geq 0$ and not identically zero, then $\ker P=0$, and the Green’s function $G_{P,p}\left( q\right)
=G_{P}\left( p,q\right) <0$ for $p\neq q$. Moreover if for some $p\in M$, $G_{P,p}\left( p\right) =0$, then $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{3}$.
By Corollary \[cor4.1\], we know $\ker P=0$. Hence for any $f\in C^{\infty
}\left( M\right) $, there exists a unique $u\in C^{\infty }\left( M\right) $ with $Pu=f$, moreover$$u\left( p\right) =\int_{M}G_{P,p}\left( q\right) f\left( q\right) d\mu
\left( q\right) .$$If $f\leq 0$, it follows from the Proposition \[prop4.1\] that $u\geq 0$. Hence $G_{P,p}\leq 0$. If $G_{P,p}\left( q\right) =0$ for some $q$, since $PG_{P,p}=\delta _{p}\geq 0$, it follows from Lemma \[lem4.1\] that $\left(
M,g\right) $ must be conformal diffeomorphic to the standard $S^{3}$ and $G_{P,p}$ is a constant multiple of $G_{P,q}$, this implies $p=q$. Hence $G_{P,p}<0$ on $M\backslash \left\{ p\right\} $.
Now we are ready to prove Theorem \[thm1.2\].
(1)$\Rightarrow $(2): This follows from Lemma \[lem4.2\] and (\[eq1.5\]), (\[eq1.6\]).
(2)$\Rightarrow $(1): This follows from Krein-Rutman theorem, or one may use the argument in the proof of Theorem \[thm1.1\]. We also remark it follows that the largest **negative** eigenvalue of $P$ must be simple and its eigenfunction must be strictly positive or strictly negative. Moreover if $\lambda $ is a positive eigenvalue of $P$, then $\lambda $ is strictly bigger than the absolute value of the largest negative eigenvalue.
(3)$\Rightarrow $(2): We can assume $\left( M,g\right) $ is not conformal diffeomorphic to the standard $S^{3}$. For any $p\in M$, we let$$\Theta \left( p\right) =\max_{M}G_{P,p}.$$Then it follows from Lemma \[lem4.1\] that $\Theta \left( p\right) \neq 0$ for any $p\in M$. Since $\Theta \left( p_{0}\right) <0$ for some $p_{0}\in M$, we see $\Theta \left( p\right) <0$ for all $p\in M$. In another word, $G_{P}<0$.
With all the above analysis, we can easily deduce Proposition \[prop1.2\].
Under the assumption of Proposition \[prop1.2\], it follows from Lemma [lem4.2]{} that $\ker P=0$ and $G_{P}\left( p,q\right) <0$ for $p\neq q$. From (\[eq4.1\]) we see$$P\left( G_{L,p}^{-1}+256\pi ^{2}G_{P,p}\right) =G_{L,p}^{-1}\left\vert
Rc_{G_{L,p}^{4}g}\right\vert _{g}^{2}\geq 0.$$Hence $G_{L,p}^{-1}+256\pi ^{2}G_{P,p}\leq 0$. If it achieves $0$ somewhere, then $Rc_{G_{L,p}^{4}g}=0$ and hence $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{3}$.
At last we want to point out based on Proposition \[prop1.2\], using the arguments in [@HY3] we have the following statement: Let$$\mathcal{M}=\left\{ g:\begin{tabular}{l}
$g$ is a smooth metric with $Y\left( g\right) >0$ and there exists \\
a positive smooth function $\rho $ such that $Q_{\rho ^{2}g}>0$\end{tabular}\right\}$$be endowed with $C^{\infty }$ topology. Then
1. For every $g\in \mathcal{M}$, there exists $\rho \in C^{\infty }\left(
M\right) $, $\rho >0$ such that $Q_{\rho ^{2}g}=1$. Moreover as long as $\left( M,g\right) $ is not conformal diffeomorphic to the standard $S^{3}$, the set$$\left\{ \rho \in C^{\infty }\left( M\right) :\rho >0,Q_{\rho ^{2}g}=1\right\}$$is compact in $C^{\infty }$ topology.
2. Let $\mathcal{N}$ be a path connected component of $\mathcal{M}$. If there is a metric in $\mathcal{N}$ satisfying condition NN, then every metric in $\mathcal{N}$ satisfies condition NN. Hence as long as the metric is not conformal to the standard $S^{3}$, it satisfies condition $P$. As a consequence, for any metric in $\mathcal{N}$,$$\inf \left\{ E\left( u\right) \left\Vert u^{-1}\right\Vert _{L^{6}\left(
M\right) }^{2}:u\in H^{2}\left( M\right) ,u>0\right\} >-\infty$$and is always achieved.
We omit the details here.
$4$ dimension case revisited\[sec5\]
====================================
Throughout this section we will assume $\left( M,g\right) $ is a smooth compact Riemannian manifold of dimension $4$. In this dimension the $Q$ curvature is written as$$Q=-\frac{1}{6}\Delta R-\frac{1}{2}\left\vert Rc\right\vert ^{2}+\frac{1}{6}R^{2}. \label{eq5.1}$$The Paneitz operator can be written as$$P\varphi =\Delta ^{2}\varphi +2\func{div}\left( Rc\left( \nabla \varphi
,e_{i}\right) e_{i}\right) -\frac{2}{3}\func{div}\left( R\nabla \varphi
\right) . \label{eq5.2}$$Here $e_{1},e_{2},e_{3},e_{4}$ is a local orthonormal frame with respect to $g$. $P$ satisfies$$P_{e^{2w}g}\varphi =e^{-4w}P_{g}\varphi \label{eq5.3}$$for any smooth function $w$. The $Q$ curvature transforms as$$Q_{e^{2w}g}=e^{-4w}\left( P_{g}w+Q_{g}\right) . \label{eq5.4}$$In the spirit of Proposition \[prop2.1\], we have
\[prop5.1\]Assume $\left( M,g\right) $ is a $4$ dimensional smooth compact Riemannian manifold with $Y\left( g\right) >0$, $p\in M$, then we have $\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}\in L^{1}\left(
M\right) $ and$$P\left( \log G_{L,p}\right) =16\pi ^{2}\delta _{p}-\frac{1}{2}\left\vert
Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}-Q \label{eq5.5}$$in distribution sense. Here $G_{L,p}$ is the Green’s function of conformal Laplacian operator $L=-6\Delta +R$ with pole at $p$.
If $\rho $ is a positive smooth function on $M$, $\widetilde{g}=\rho ^{2}g$, then$$\left\vert Rc_{G_{\widetilde{L},p}^{2}\widetilde{g}}\right\vert _{\widetilde{g}}^{2}d\widetilde{\mu }=\left\vert Rc_{G_{L,p}^{2}g}\right\vert
_{g}^{2}d\mu . \label{eq5.6}$$Hence to show $\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}\in
L^{1}\left( M\right) $, in view of the existence of conformal normal coordinate, we can assume $\exp _{p}$ preserves volume near $p$. Let $x_{1},x_{2},x_{3},x_{4}$ be normal coordinate at $p$, $r=\left\vert
x\right\vert $, then (see [@LP])$$G_{L,p}=\frac{1}{24\pi ^{2}}\frac{1}{r^{2}}\left( 1+O^{\left( 4\right)
}\left( r^{2}\right) \right) . \label{eq5.7}$$Using$$\begin{aligned}
Rc_{G_{L,p}^{2}g} &=&Rc-2D^{2}\log G_{L,p}+2d\log G_{L,p}\otimes d\log
G_{L,p} \label{eq5.8} \\
&&-\left( \Delta \log G_{L,p}+2\left\vert \nabla \log G_{L,p}\right\vert
^{2}\right) g, \notag\end{aligned}$$we see $\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}=O\left( 1\right) $, hence $\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}\in L^{1}\left(
M\right) $.
On the other hand, (\[eq5.5\]) means$$\int_{M}\log G_{L,p}\cdot P\varphi d\mu =16\pi ^{2}\varphi \left( p\right) -\frac{1}{2}\int_{M}\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}\varphi
d\mu -\int_{M}Q\varphi d\mu . \label{eq5.9}$$Careful check shows (\[eq5.9\]) is conformally invariant. Hence we can assume $\exp _{p}$ preserves volume near $p$. It follows from (\[eq5.7\]) that on $B_{\delta }\left( p\right) $ for $\delta >0$ small,$$P\left( \log G_{L,p}\right) =16\pi ^{2}\delta _{p}+\text{a }L^{1}\text{
function} \label{eq5.10}$$in distribution sense. On $M\backslash \left\{ p\right\} $, we have$$P\left( \log G_{L,p}\right) =G_{L,p}^{4}Q_{G_{L,p}^{2}g}-Q=-\frac{1}{2}\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}-Q. \label{eq5.11}$$(\[eq5.5\]) follows.
By integrating (\[eq5.5\]) on $M$ and observing that$$\left\vert Rc_{G_{L,p}^{2}g}\right\vert _{g}^{2}d\mu _{g}=\left\vert
Rc_{G_{L,p}^{2}g}\right\vert _{G_{L,p}^{2}g}^{2}d\mu _{G_{L,p}^{2}g}$$we immediately get
\[cor5.1\]Assume $Y\left( g\right) >0$, then for any $p\in M$,$$\int_{M}Qd\mu +\frac{1}{2}\int_{M}\left\vert Rc_{G_{L,p}^{2}g}\right\vert
_{G_{L,p}^{2}g}^{2}d\mu _{G_{L,p}^{2}g}=16\pi ^{2}. \label{eq5.12}$$In particular, $\int_{M}Qd\mu \leq 16\pi ^{2}$ and equality holds if and only if $\left( M,g\right) $ is conformal diffeomorphic to the standard $S^{4}$.
Positive mass theorem for Paneitz operator revisited\[sec6\]
============================================================
Throughout this section we will assume $\left( M,g\right) $ is a smooth compact Riemannian manifold with dimension $n>4$.
In [@HuR], for locally conformally flat manifold with $Y\left( g\right)
>0$ and positive Green’s function $G_{P}$, a positive mass theorem for Paneitz operator was proved by a nice calculation. Note that this result plays similar role for $Q$ curvature equation as the classical positive mass theorem for the Yamabe problem ([@LP]). It was observed that similar calculation works for $n=5,6,7$ in [@GM] and for $n=3$ in [@HY3]. Since the case $n=3$ can be covered by Lemma \[lem4.1\], we concentrate on the case $n>4$. The main aim of this section is to show the positive mass theorem for Paneitz operator follows from the formula (\[eq2.1\]).
\[lem6.1\]Assume $n>4$, $Y\left( g\right) >0$, $\ker P=0$. Let $x_{1},\cdots ,x_{n}$ be a coordinate near $p$ with $x_{i}\left( p\right) =0$, $r=\left\vert x\right\vert $. If either $M$ is conformally flat near $p$ or $n=5,6,7$, then$$c_{n}G_{P,p}-G_{L,p}^{\frac{n-4}{n-2}}=\text{const}+O^{\left( 4\right)
}\left( r\right) . \label{eq6.1}$$Here $c_{n}$ is the constant given by (\[eq1.13\]).
First we observe that if $\rho $ is a positive smooth function on $M$, $\widetilde{g}=\rho ^{\frac{4}{n-4}}g$, then$$c_{n}G_{\widetilde{P},p}-G_{\widetilde{L},p}^{\frac{n-4}{n-2}}=\rho \left(
p\right) ^{-1}\rho ^{-1}\left( c_{n}G_{P,p}-G_{L,p}^{\frac{n-4}{n-2}}\right)
. \label{eq6.2}$$Hence we only need to verify (\[eq6.1\]) for a conformal metric.
For the case $M$ is conformally flat near $p$, by a conformal change of metric, we can assume $g$ is Euclidean near $p$. Then under the normal coordinate at $p$ we have$$G_{P,p}=\frac{1}{2n\left( n-2\right) \left( n-4\right) \omega _{n}}\left(
r^{4-n}+A+O^{\left( 4\right) }\left( r\right) \right) . \label{eq6.3}$$Here $\omega _{n}$ is the volume of unit ball in $\mathbb{R}^{n}$ and $A$ is a constant. People usually call $A$ as the mass of Paneitz operator. The Green’s function of conformal Laplacian$$G_{L,p}=\frac{1}{4n\left( n-1\right) \omega _{n}}\left( r^{2-n}+O^{\left(
4\right) }\left( r^{-1}\right) \right) . \label{eq6.4}$$It is worth pointing out one has better estimate for the Green’s function than the one in (\[eq6.3\]) and (\[eq6.4\]), but the formula we wrote above also works for $n=5,6,7$ without locally conformally flat assumption. More precisely, for $n=5,6,7$, under the conformal normal coordinate, ([eq6.3]{}) and (\[eq6.4\]) remain true (see [@GM; @LP]). It follows that$$c_{n}G_{P,p}-G_{L,p}^{\frac{n-4}{n-2}}=\left( 4n\left( n-1\right) \omega
_{n}\right) ^{-\frac{n-4}{n-2}}A+O^{\left( 4\right) }\left( r\right) .
\label{eq6.5}$$
To continue, we note that under the assumption of Lemma \[lem6.1\], by (\[eq2.1\]) we have$$P\left( c_{n}G_{P,p}-G_{L,p}^{\frac{n-4}{n-2}}\right) =\frac{n-4}{\left(
n-2\right) ^{2}}G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}, \label{eq6.6}$$hence$$G_{L,p}^{\frac{n-4}{n-2}}\left\vert Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert
_{g}^{2}=O\left( r^{-3}\right) \label{eq6.7}$$and$$\left( 4n\left( n-1\right) \omega _{n}\right) ^{-\frac{n-4}{n-2}}A=\frac{n-4}{\left( n-2\right) ^{2}}\int_{M}G_{P,p}G_{L,p}^{\frac{n-4}{n-2}}\left\vert
Rc_{G_{L,p}^{\frac{4}{n-2}}g}\right\vert _{g}^{2}d\mu . \label{eq6.8}$$
If in addition we know the Green’s function $G_{P,p}>0$, then it follows from (\[eq6.8\]) that $A\geq 0$, moreover $A=0$ if and only if $\left(
M,g\right) $ is conformal equivalent to the standard $S^{n}$. This proves the positive mass theorem for Paneitz operator.
[HeR1]{} T. Branson. *Differential operators canonically associated to a conformal structure*. Math. Scand. **57** (1985), no. 2, 293–345.
S.-Y. A. Chang, M. J. Gursky and P. C. Yang. *An equation of Monge-Ampere type in conformal geometry, and four-manifolds of positive Ricci curvature*. Ann. of Math. (2) **155** (2002), 709–787.
Z. Djadli, E. Hebey and M. Ledoux. *Paneitz-type operators and applications*. Duke Math. Jour. **104** (2000), 129–169.
M. J. Gursky. *The principal eigenvalue of a conformally invariant differential operator.* Comm. Math. Phys. **207** (1999), no. 1, 131–143.
M. J. Gursky and A. Malchiodi. A strong maximum principle for the Paneitz operator and a nonlocal flow for the $Q$ curvature. Preprint (2014).
F. B. Hang and P. Yang. *The Sobolev inequality for Paneitz operator on three manifolds.* Calculus of Variations and PDE. **21** (2004), 57–83.
F. B. Hang and P. Yang. Paneitz operator for metrics near $S^{3}$. Preprint (2014).
F. B. Hang and P. Yang. $Q$* curvature on a class of* $3$* manifolds.* Comm Pure Appl Math, to appear.
F. B. Hang and P. Yang. $Q$ curvature on a class of manifolds with dimension at least $5$. Preprint (2014).
E. Hebey and F. Robert.* Compactness and global estimates for the geometric Paneitz equation in high dimensions*. Electron Res Ann Amer Math Soc. **10** (2004), 135–141.
E. Hebey and F. Robert. *Asymptotic analysis for fourth order Paneitz equations with critical growth*. Adv Calc Var. **4** (2011), no. 3, 229–275.
E. Humbert and S. Raulot. *Positive mass theorem for the Paneitz-Branson operator.* Calculus of Variations and PDE. **36** (2009), 525–531.
N. H. Kuiper. *On conformally-flat spaces in the large.* Ann of Math*.* **50** (1949), 916–924.
P. Lax. Functional analysis. John Wiley & Sons, Inc. 2002.
J. M. Lee and T. H. Parker. *The Yamabe problem*. Bull AMS. **17** (1987), no. 1, 37–91.
S. Paneitz. A quartic conformally covariant differential operator for arbitrary pseudo-Riemannian manifolds. Preprint (1983).
J. Qing and D. Raske. *On positive solutions to semilinear conformally invariant equations on locally conformally flat manifolds*. Int Math Res Not. Art. id 94172 (2006).
|
{
"pile_set_name": "ArXiv"
}
|
Regional Sales Director, Staffing - Indianapolis, IN
Are you looking to align your career trajectory with the world leader in recruiting and workforce solutions?
With unprecedented growth in the staffing industry there is no better time to join the National Account sales team of this innovative organization. This is a great opportunity to elevate your career and scope of responsibilities.
The Regional Sales Director is a strategic hunter responsible for performing all prospecting, sales and customer activities for middle market regional accounts with a minimum threshold of $2 million within an assigned region. Focus is on increasing sales and profitability for regional accounts through sales calls, strategic sales methods and conducting formal presentations and submitting proposals focusing on core business offerings.
Calls on prospective regional account customers to understand their needs and wants; introduces potential customers to products and services with the goal of developing prospects into clients.
Maintains an awareness of customer requirements and needs, recommends resolution of potential and actual staffing problems and increases overall sales of services.
May modify current service offerings to meet special needs of customers.
Establishes and maintains an understanding of organizational operational procedures and practices.
Develops presentations, proposals and other sales collateral.
Coordinates sales negotiations across assigned region.
Tours customer facilities to gain an understanding of business activities and staffing requirements.
Maintains an up-to-dates record of all sales activities and follow-up requirements within a Customer Relationship Management (CRM) system.
Assists in the development and maintenance of brand awareness through advertising and public relations activities including, but not limited to, digital mail, social media, promotional programs, job fairs and professional memberships.
Participates in special projects and performs other duties as assigned.
Education & Job Requirements:
Bachelor' s degree in business or a related field with a minimum of eight (8) years of related business to business (B2B) sales experience with a proven track record of building a new book of business; or equivalent combination of post high school education and experience.
Willingness and ability to travel is required.
Previous sales experience within a staffing organization is highly desirable.
Competencies:
Skilled in communicating effectively verbally and in writing.
Ability to proactively establish and maintain effective working relationships.
Ability to consultatively sell and demonstrate superb customer service skills.
Ability to work collaboratively with colleagues to create a results-driven, team oriented environment.
Mee Derby is an executive search firm dedicated to the staffing industry. For nearly three decades, we've helped thousands of executives, managers, senior sales and senior recruiters find their place in this robust industry. You spend your days helping people find the perfect job. Don’t you deserve a partner who can do the same for you? Leverage our hard-won connections to take the next step in your staffing career.
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{
"pile_set_name": "Pile-CC"
}
|
Probability, personality, age, and risk taking.
Male and female college (n=22) and high school (n=18) students were presented information concerning probability and were also measured on the personality variables of independence of judgment, response set, Machiavellianism, and open-mindedness. An investigation of the risky shift phenomenon revealed that an understanding of probability did not vitiate the shift toward greater risk. Age was shown to be functionally related to risk taking, the teen years showing greater proclivity for risk than later years. Independence of judgment emerged as a powerful predictor of initial risk; Machiavelianism bore no relationship to risk taking. Both of these findings concerning personality variables were at odds with earlier work. An interpretation of contextual interaction was advanced as a possible explanation.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Russia's Sergey Lavrov is not one foreign minister known to mince his words. Just earlier today, 24 hours after a Russian plane was brought down by the country whose president three years ago said "a short-term border violation can never be a pretext for an attack", had this to say: "We have serious doubts this was an unintended incident and believe this is a planned provocation" by Turkey.
But even that was tame compared to what Lavrov said to his Turkish counterparty Mevlut Cavusoglu earlier today during a phone call between the two (Lavrov who was supposed to travel to Turkey has since canceled such plans).
As Sputnik transcribes, according to a press release from Russia’s Ministry of Foreign Affairs, Lavrov pointed out that, "by shooting down a Russian plane on a counter-terrorist mission of the Russian Aerospace Force in Syria, and one that did not violate Turkey’s airspace, the Turkish government has in effect sided with ISIS."
It was in this context when Lavrov added that "Turkey’s actions appear premeditated, planned, and undertaken with a specific objective."
More importantly, Lavrov pointed to Turkey’s role in the propping up the terror network through the oil trade. Per the Russian statement:
"The Russian Minister reminded his counterpart about Turkey’s involvement in the ISIS’ illegal trade in oil, which is transported via the area where the Russian plane was shot down, and about the terrorist infrastructure, arms and munitions depots and control centers that are also located there."
Others reaffirmed Lavrov's stance, such as retired French General Dominique Trinquand, who said that "Turkey is either not fighting ISIL at all or very little, and does not interfere with different types of smuggling that takes place on its border, be it oil, phosphate, cotton or people," he said.
The reason we find this line of questioning fascinating is that just last week in the aftermath of the French terror attack but long before the Turkish downing of the Russian jet, we wrote about "The Most Important Question About ISIS That Nobody Is Asking" in which we asked who is the one "breaching every known law of funding terrorism when buying ISIS crude, almost certainly with the tacit approval by various "western alliance" governments, and why is it that these governments have allowed said middleman to continue funding ISIS for as long as it has?"
Precisely one week later, in even more tragic circumstances, suddenly everyone is asking this question.
And while we patiently dig to find who the on and offshore "commodity trading" middleman are, who cart away ISIS oil to European and other international markets in exchange for hundreds of millions of dollars, one name keeps popping up as the primary culprit of regional demand for the Islamic State's "terrorist oil" - that of Turkish president Recep Erdogan's son: Bilal Erdogan.
His very brief bio:
Necmettin Bilal Erdogan, commonly known as Bilal Erdogan (born 23 April 1980) is the third child of Recep Tayyip Erdo?an, the current President of Turkey. After graduating from Kartal Imam Hatip High School in 1999, Bilal Erdogan moved to the US for undergraduate education. He also earned a Masters Degree in John F. Kennedy School of Government at Harvard University in 2004. After graduation, he served in the World Bank as intern for a while. He returned Turkey in 2006 and started to his business life. Bilal Erdogan is one of the three equal shareholders of "BMZ Group Denizcilik ", a marine transportation corporation.
Here is a recent picture of Bilal, shown in a photo from a Turkish 2014 article, which "asked why his ships are now in Syria":
In the next few days, we will present a full breakdown of Bilal's various business ventures, starting with his BMZ Group which is the name implicated most often in the smuggling of illegal Iraqi and Islamic State through to the western supply chain, but for now here is a brief, if very disturbing snapshot, of both father and son Erdogan by F. William Engdahl, one which should make everyone ask whether the son of Turkey's president (and thus, the father) is the silent mastermind who has been responsible for converting millions of barrels of Syrian Oil into hundreds of millions of dollars of Islamic State revenue.
By F. William Engdahl, posted originally in New Eastern Outlook:
Erdogan's Dirth Dangerous ISIS Games
More and more details are coming to light revealing that the Islamic State in Iraq and Syria, variously known as ISIS, IS or Daesh, is being fed and kept alive by Recep Tayyip Erdogan, the Turkish President and by his Turkish intelligence service, including MIT, the Turkish CIA. Turkey, as a result of Erdogan’s pursuit of what some call a Neo-Ottoman Empire fantasies that stretch all the way to China, Syria and Iraq, threatens not only to destroy Turkey but much of the Middle East if he continues on his present path.
In October 2014 US Vice President Joe Biden told a Harvard gathering that Erdogan’s regime was backing ISIS with “hundreds of millions of dollars and thousands of tons of weapons…” Biden later apologized clearly for tactical reasons to get Erdo?an’s permission to use Turkey’s Incirlik Air Base for airstrikes against ISIS in Syria, but the dimensions of Erdogan’s backing for ISIS since revealed is far, far more than Biden hinted.
ISIS militants were trained by US, Israeli and now it emerges, by Turkish special forces at secret bases in Konya Province inside the Turkish border to Syria, over the past three years. Erdo?an’s involvement in ISIS goes much deeper. At a time when Washington, Saudi Arabia and even Qatar appear to have cut off their support for ISIS, they remaining amazingly durable. The reason appears to be the scale of the backing from Erdo?an and his fellow neo-Ottoman Sunni Islam Prime Minister, Ahmet Davuto?lu.
Nice Family Business
The prime source of money feeding ISIS these days is sale of Iraqi oil from the Mosul region oilfields where they maintain a stronghold. The son of Erdogan it seems is the man who makes the export sales of ISIS-controlled oil possible.
Bilal Erdo?an owns several maritime companies. He has allegedly signed contracts with European operating companies to carry Iraqi stolen oil to different Asian countries. The Turkish government buys Iraqi plundered oil which is being produced from the Iraqi seized oil wells. Bilal Erdogan’s maritime companies own special wharfs in Beirut and Ceyhan ports that are transporting ISIS’ smuggled crude oil in Japan-bound oil tankers.
Gürsel Tekin vice-president of the Turkish Republican Peoples’ Party, CHP, declared in a recent Turkish media interview, “President Erdogan claims that according to international transportation conventions there is no legal infraction concerning Bilal’s illicit activities and his son is doing an ordinary business with the registered Japanese companies, but in fact Bilal Erdo?an is up to his neck in complicity with terrorism, but as long as his father holds office he will be immune from any judicial prosecution.” Tekin adds that Bilal’s maritime company doing the oil trades for ISIS, BMZ Ltd, is “a family business and president Erdogan’s close relatives hold shares in BMZ and they misused public funds and took illicit loans from Turkish banks.”
In addition to son Bilal’s illegal and lucrative oil trading for ISIS, Sümeyye Erdogan, the daughter of the Turkish President apparently runs a secret hospital camp inside Turkey just over the Syrian border where Turkish army trucks daily being in scores of wounded ISIS Jihadists to be patched up and sent back to wage the bloody Jihad in Syria, according to the testimony of a nurse who was recruited to work there until it was discovered she was a member of the Alawite branch of Islam, the same as Syrian President Bashar al-Assad who Erdogan seems hell-bent on toppling.
Turkish citizen Ramazan Bagol, captured this month by Kurdish People’s Defence Units,YPG, as he attempted to join ISIS from Konya province, told his captors that said he was sent to ISIS by the ‘Ismailia Sect,’ a strict Turkish Islam sect reported to be tied to Recep Erdogan. Baol said the sect recruits members and provides logistic support to the radical Islamist organization. He added that the Sect gives jihad training in neighborhoods of Konya and sends those trained here to join ISIS gangs in Syria.
According to French geopolitical analyst, Thierry Meyssan, Recep Erdogan “organised the pillage of Syria, dismantled all the factories in Aleppo, the economic capital, and stole the machine-tools. Similarly, he organised the theft of archeological treasures and set up an international market in Antioch…with the help of General Benoît Puga, Chief of Staff for the Elysée, he organised a false-flag operation intended to provoke the launching of a war by the Atlantic Alliance – the chemical bombing of la Ghoutta in Damascus, in August 2013. “
Meyssan claims that the Syria strategy of Erdo?an was initially secretly developed in coordination with former French Foreign Minister Alain Juppé and Erdogan’s then Foreign Minister Ahmet Davuto?lu, in 2011, after Juppe won a hesitant Erdogan to the idea of supporting the attack on traditional Turkish ally Syria in return for a promise of French support for Turkish membership in the EU. France later backed out, leaving Erdogan to continue the Syrian bloodbath largely on his own using ISIS.
Gen. John R. Allen, an opponent of Obama’s Iran peace strategy, now US diplomatic envoy coordinating the coalition against the Islamic State, exceeded his authorized role after meeting with Erdogan and “promised to create a "no-fly zone" ninety miles wide, over Syrian territory, along the whole border with Turkey, supposedly intended to help Syrian refugees fleeing from their government, but in reality to apply the "Juppé-Wright plan". The Turkish Prime Minister, Ahmet Davutoglu, revealed US support for the project on the TV channel A Haber by launching a bombing raid against the PKK.” Meyssan adds.
There are never winners in war and Erdogan’s war against Syria’s Assad demonstrates that in bold. Turkey and the world deserve better. Ahmet Davutoglu’s famous “Zero Problems With Neighbors” foreign policy has been turned into massive problems with all neighbors due to the foolish ambitions of Erdogan and his gang.
|
{
"pile_set_name": "OpenWebText2"
}
|
Photos, Finds, and Other Fun Fodder
Menu
Bon Appetit!
Good morning! I hope you had a relaxing weekend. Mine was nice and hectic (in a good way). I got to see a girlfriend I haven’t seen forever and enjoy a couple of cocktails and then brunch on Sunday and a nice dinner with the family.
We were out to dinner Friday night at one of our favorite Italian/pizza places, Pizza Antica in Lafayette. I love the decor there. Ironically, it looks more french cafe. It got me started thinking how you could decorate your house with elements of a french cafe and here are a few finds:
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{
"pile_set_name": "Pile-CC"
}
|
//
// UIControl+ActionBlocks.m
// iOS-Categories (https://github.com/shaojiankui/iOS-Categories)
//
// Created by Jakey on 15/5/23.
// Copyright (c) 2015年 www.skyfox.org. All rights reserved.
//
#import "UIControl+ActionBlocks.h"
#import <objc/runtime.h>
static const void *UIControlActionBlockArray = &UIControlActionBlockArray;
@implementation UIControlActionBlockWrapper
- (void)invokeBlock:(id)sender {
if (self.actionBlock) {
self.actionBlock(sender);
}
}
@end
@implementation UIControl (ActionBlocks)
-(void)handleControlEvents:(UIControlEvents)controlEvents withBlock:(UIControlActionBlock)actionBlock {
NSMutableArray *actionBlocksArray = [self actionBlocksArray];
UIControlActionBlockWrapper *blockActionWrapper = [[UIControlActionBlockWrapper alloc] init];
blockActionWrapper.actionBlock = actionBlock;
blockActionWrapper.controlEvents = controlEvents;
[actionBlocksArray addObject:blockActionWrapper];
[self addTarget:blockActionWrapper action:@selector(invokeBlock:) forControlEvents:controlEvents];
}
- (void)removeActionBlocksForControlEvents:(UIControlEvents)controlEvents {
NSMutableArray *actionBlocksArray = [self actionBlocksArray];
NSMutableArray *wrappersToRemove = [NSMutableArray arrayWithCapacity:[actionBlocksArray count]];
[actionBlocksArray enumerateObjectsUsingBlock:^(id obj, NSUInteger idx, BOOL *stop) {
UIControlActionBlockWrapper *wrapperTmp = obj;
if (wrapperTmp.controlEvents == controlEvents) {
[wrappersToRemove addObject:wrapperTmp];
[self removeTarget:wrapperTmp action:@selector(invokeBlock:) forControlEvents:controlEvents];
}
}];
[actionBlocksArray removeObjectsInArray:wrappersToRemove];
}
- (NSMutableArray *)actionBlocksArray {
NSMutableArray *actionBlocksArray = objc_getAssociatedObject(self, UIControlActionBlockArray);
if (!actionBlocksArray) {
actionBlocksArray = [NSMutableArray array];
objc_setAssociatedObject(self, UIControlActionBlockArray, actionBlocksArray, OBJC_ASSOCIATION_RETAIN);
}
return actionBlocksArray;
}
@end
|
{
"pile_set_name": "Github"
}
|
Working hours: an employer's duty.
Recent EC negotiations on the Working Time Directive have shown UK thinking to be at odds with the rest of Europe. Susan Hayes examines the implications for employee health.
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{
"pile_set_name": "PubMed Abstracts"
}
|
Can laparoscopic cholecystectomy be performed with a positive margin at medicaid reimbursement rates?
The Affordable Care Act provides health care coverage to an increasing segment of the population at Medicaid reimbursement rates. Health care systems currently offset lower Medicaid reimbursement through higher payers. The ability to "cost shift" will be diminished as the Medicaid population increases. A financial cost and revenue analysis of outpatient laparoscopic cholecystectomy at our institution was performed. Cost was defined as actual expense to the health care institution. Fixed and variable costs were identified to calculate a break-even point. Time spent from check in to dismissal was based on historic averages. When actual costs could not be pinpointed, estimates from industry experts were used. Reimbursement included surgeon and anesthesia professional fees and facility fees. A total of 501 laparoscopic cholecystectomies were performed at the main operating room facility in 2012. Annual fixed costs were $252,637. Variable costs were $1,860/case. Personnel and single-use equipment made the largest contribution to variable costs. Reimbursement for professional and facility fees totaled $2,444/case. The break-even point occurred at 454 cases. Based on historic volume, the break-even point for the calendar year would occur on November 27. Our analysis demonstrates that laparoscopic cholecystectomy can be performed with a positive margin at Medicaid reimbursement rates with sufficient volume. The minimal margin, however, could substantially limit the ability of lower-volume hospitals to provide these services and negatively impact access to care in this patient population.
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{
"pile_set_name": "PubMed Abstracts"
}
|
Synthesis and in vitro antibacterial activity of some 1-(difluoromethoxyphenyl)quinolone-3-carboxylic acids.
We report on the synthesis of N-1-phenylquinolones in which the difluoromethoxy moiety is utilized as a halogen replacement. The antibacterial activity is discussed with reference to N-1-halophenylquinolones.
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{
"pile_set_name": "PubMed Abstracts"
}
|
/*
* <<
* Davinci
* ==
* Copyright (C) 2016 - 2019 EDP
* ==
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
* http://www.apache.org/licenses/LICENSE-2.0
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
* >>
*
*/
package edp.davinci.service;
import edp.core.exception.NotFoundException;
import edp.core.exception.ServerException;
import edp.core.exception.UnAuthorizedExecption;
import edp.davinci.core.service.CheckEntityService;
import edp.davinci.dto.displayDto.*;
import edp.davinci.dto.roleDto.VizVisibility;
import edp.davinci.model.DisplaySlide;
import edp.davinci.model.MemDisplaySlideWidget;
import edp.davinci.model.Role;
import edp.davinci.model.User;
import org.springframework.web.multipart.MultipartFile;
import java.util.List;
public interface DisplaySlideService extends CheckEntityService {
DisplayWithSlides getDisplaySlideList(Long displayId, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
SlideWithMem getDisplaySlideMem(Long displayId, Long slideId, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
DisplaySlide createDisplaySlide(DisplaySlideCreate displaySlideCreate, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean updateDisplaySildes(Long displayId, DisplaySlide[] displaySlides, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean deleteDisplaySlide(Long slideId, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
List<MemDisplaySlideWidget> addMemDisplaySlideWidgets(Long displayId, Long slideId, MemDisplaySlideWidgetCreate[] slideWidgetCreates, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean updateMemDisplaySlideWidget(MemDisplaySlideWidget memDisplaySlideWidget, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean deleteMemDisplaySlideWidget(Long relationId, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean deleteDisplaySlideWidgetList(Long displayId, Long slideId, Long[] memIds, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean updateMemDisplaySlideWidgets(Long displayId, Long slideId, MemDisplaySlideWidgetDto[] memDisplaySlideWidgets, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
String uploadSlideBGImage(Long slideId, MultipartFile file, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
String uploadSlideSubWidgetBGImage(Long relationId, MultipartFile file, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
List<Long> getSlideExecludeRoles(Long id);
boolean postSlideVisibility(Role role, VizVisibility vizVisibility, User user) throws NotFoundException, UnAuthorizedExecption, ServerException;
boolean copySlides(Long originDisplayId, Long displayId, User user);
}
|
{
"pile_set_name": "Github"
}
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Is there a role for TPN in terminally ill patients with bowel obstruction?
There is controversy regarding the use of total parenteral nutrition (TPN) in individuals with metastatic malignancies. The objective of this study was to determine whether a subgroup of patients with intestinal obstruction would benefit from support with TPN. A retrospective review of patients considered for home TPN by a regionalized home TPN program was conducted Over a 6-y period, nine patients with primary gastrointestinal malignancy and metastatic intestinal obstruction were identified. There was a variable survival rate of 27 to 433 d. Survival rate longer than 60 d was noted in six of nine patients. Most patients had no direct TPN-related complications, but one patient had significant morbidity related to venous thrombosis and line sepsis. There were no nutritional predictors of prolonged survival rate with TPN. TPN was continued until death in six of nine patients. Patients with small bowel obstruction and metastatic malignancy may benefit from TPN as demonstrated by prolonged survival rate longer than 60 d. There are no clear predictors of who will benefit from TPN, and each case should be considered individually, with the potential risks and benefits discussed with the family and primary caregivers. Future studies should address the effect of TPN on quality of life of the patient and their caregivers.
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{
"pile_set_name": "PubMed Abstracts"
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|
[Cite as First-Knox Natl. Bank v. MSD Properties, Ltd., 2015-Ohio-4574.]
COURT OF APPEALS
KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
FIRST-KNOX NATIONAL BANK, et al., : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiffs - Appellees : Hon. Patricia A. Delaney, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
MSD PROPERTIES, LTD., et al., : Case No. 15CA6
:
Defendants - Appellants : OPINION
CHARACTER OF PROCEEDING: Appeal from the Knox County Court
of Common Pleas, Case No.
14OT11-0371
JUDGMENT: Affirmed in part;
Reversed and Remanded in part
DATE OF JUDGMENT: November 3, 2015
APPEARANCES:
For Plaintiffs-Appellees For Defendants-Appellants
KIM M. ROSE JACK L. MOSER, JR.
Critchfield, Critchfield & Johnston LTD. 107 W. Johnstown Road
10 S. Gay Street Gahanna, OH 43230
P.O. Box 469
Mount Vernon, OH 43050
Knox County, Case No. 15CA6 2
Baldwin, J.
{¶1} Appellants MSD Properties, LTD and Michael Shawn Dennis appeal a
judgment of the Knox County Common Pleas Court dismissing their claims against
appellees First-Knox National Bank and Sunny Green LLC.
STATEMENT OF THE FACTS AND CASE
{¶2} Appellants MSD Properties, LTD leased property from appellees, which
they in turn leased to Todd Hempfield as Unit 16, Inc., who operated a bar on the
premises known as “Banana Joe’s.” According to the pleadings in the case, in March of
2014, Todd Hempfield as Unit 16, Inc., approached appellee First Knox directly about
executing a lease agreement for the property.
{¶3} Appellees provided appellants and Hempfield notice of termination of the
lease on August 30, 2014, effective September 30, 2014. Appellants remained on the
property and on October 1, 2014, appellees served a three-day notice to vacate the
premises. When appellants failed to vacate, appellees filed a forcible entry and detainer
action in the Mount Vernon Municipal Court. Appellants filed counterclaims for
retaliatory eviction, tortious interference with a business relationship, and fraud.
Because the amount of damages sought in the counterclaims exceeded the
jurisdictional limits of the municipal court, and after the forcible entry and detainer action
was resolved in the municipal court, the case was transferred to the Knox County
Common Pleas Court.
{¶4} Following the transfer, appellees filed a motion to dismiss the complaint
pursuant to Civ. R. 12(B)(6). Appellants sought leave to amend the pleadings, which
Knox County, Case No. 15CA6 3
the trial court did not expressly overrule but implicitly overruled by granting appellees'
Civ. R. 12(B)(6) motion to dismiss. The trial court dismissed the counterclaims on the
basis that retaliatory eviction is not actionable under R.C. 5321.02 for a commercial
lease, appellants had not alleged a set of facts that appellees interfered with a business
relationship between them and a third party, and appellants failed to plead fraud with
specificity.
{¶5} Appellants assign four errors on appeal:
{¶6} “I. THE TRIAL COURT ERRED, ABUSED ITS DISCRETION AND
MISCONSTRUED ITS APPLICATION OF OHIO RULES OF CIVIL PROCEDURE 15(A)
BY IMPLICITLY DENYING APPELLANTS’ MOTION FOR LEAVE TO AMEND
APPELLANTS’ ANSWER AND COUNTERCLAIMS.
{¶7} “II. THE TRIAL COURT ERRED, ABUSED ITS DISCRETION AND
MISCONSTRUED ITS APPLICATION OF OHIO RULES OF CIVIL PROCEDURE 15(A)
BY REFUSING TO GRANT APPELLANTS’ MOTION FOR LEAVE TO AMEND
APPELLANTS’ ANSWER AND COUNTERCLAIMS.
{¶8} “III. THE TRIAL COURT ERRED, ABUSED ITS DISCRETION AND
MISCONSTRUED ITS APPLICATION OF OHIO RULES OF CIVIL PROCEDURE
12(B)(6) WHEN IT GRANTED PLAINTIFFS’ FIRST MOTION TO DISMISS
DEFENDANTS’ COUNTERCLAIMS FOR TORTIOUS INTERFERENCE WITH
BUSINESS RELATIONS.
{¶9} “IV. THE TRIAL COURT ERRED, ABUSED ITS DISCRETION AND
MISCONSTRUED ITS APPLICATION OF OHIO RULES OF CIVIL PROCEDURE
Knox County, Case No. 15CA6 4
12(B)(6) WHEN IT GRANTED PLAINTIFFS’ FIRST MOTION TO DISMISS
DEFENDANTS’ COUNTERCLAIMS FOR FRAUD.”
I., II.
{¶10} We address appellants’ first and second assignments of error together, as
both claim error in the trial court’s implicit overruling of their motion to amend their
answer and counterclaim.
{¶11} Civ. R. 15(A) provides in pertinent part:
A party may amend its pleading once as a matter of
course within twenty-eight days after serving it or, if the
pleading is one to which a responsive pleading is required
within twenty-eight days after service of a responsive
pleading or twenty-eight days after service of a motion under
Civ.R. 12(B), (E), or (F), whichever is earlier. In all other
cases, a party may amend its pleading only with the opposing
party's written consent or the court's leave. The court shall
freely give leave when justice so requires. Unless the court
orders otherwise, any required response to an amended
pleading must be made within the time remaining to respond
to the original pleading or within fourteen days after service of
the amended pleading, whichever is later.
{¶12} While Civ.R. 15(A) favors a liberal policy when the trial court is confronted
with a motion to amend a pleading, the role of this Court is to determine whether the
trial court's decision was an abuse of discretion, not whether it was the same decision
Knox County, Case No. 15CA6 5
we might have made. Wilmington Steel vs. Cleveland Electric Illuminating Company, 60
Ohio St.3d 120, 122, 573 N.E.2d 622 (1991). The term “abuse of discretion” connotes
more than an error or law or judgment; it implies that the court's attitude is
unreasonable, arbitrary, or unconscionable. Id.
{¶13} Appellants sought to amend their counterclaims on February 6, 2015, to
“address issues raised in Plaintiffs’ Motion to Dismiss and related pleadings.” They
further sought to add a cause of action for voluntary bailment and conversion.
{¶14} While appellants’ motion states that the amended counterclaims are
attached to the motion, the proposed amendment is not attached to the original motion
in the file as transmitted to this Court for review. Appellants did append a file-stamped
copy of the amended counterclaims to their brief. However, appellants did not plead
fraud with specificity in this amended document, and their cause of action for conversion
and bailment was based on facts known to them at the time they filed their original
answer and counterclaims. The trial court did not abuse its discretion in overruling the
motion to amend the answer and counterclaims.
{¶15} The first and second assignments of error are overruled.
III.
{¶16} In their third assignment of error, appellants argue the court erred in
dismissing their cause of action for tortious interference with a business relationship.
{¶17} To dismiss a complaint for failure to state a claim upon which relief may be
granted under Civ.R. 12(B)(6), it must be shown “beyond doubt that the plaintiff can
prove no set of facts in support of his claim which would entitle him to relief.” York v.
Ohio State Hwy. Patrol, 60 Ohio St.3d 143, 144, 573 N.E.2d 1063 (1991). In applying
Knox County, Case No. 15CA6 6
this standard, all factual allegations in the complaint are taken as true and all
reasonable inferences are made in favor of the nonmoving party. Appellate review of a
Civ. R. 12(B)(6) dismissal is de novo. Hunt v. Marksman Prod. Div. of S/R Industries,
Inc., 101 Ohio App.3d 760, 656 N.E.2d 726 (1995).
{¶18} Civ. R. 12(B)(6) further sets forth what the trial court may consider in ruling
on a motion to dismiss:
When a motion to dismiss for failure to state a claim
upon which relief can be granted presents matters outside
the pleading and such matters are not excluded by the court,
the motion shall be treated as a motion for summary
judgment and disposed of as provided in Rule 56. Provided
however, that the court shall consider only such matters
outside the pleadings as are specifically enumerated in Rule
56. All parties shall be given reasonable opportunity to
present all materials made pertinent to such a motion by
Rule 56.
{¶19} The elements of tortious interference with a business relationship are: (1)
the existence of a prospective business relationship; (2) the wrongdoer's knowledge
thereof; (3) an intentional interference causing a breach or termination of the
relationship; and (4) damages resulting therefrom. Gen. Medicine, P.C. v. Morning View
Care Ctr ., 5th Dist. Tuscarawas No. 2003AP12–0088, 2004–Ohio–4669, ¶ 48..
{¶20} Appellants’ counterclaim alleged that appellees intentionally disrupted the
relationship between MSD and Unit 16, Inc. by entering into a “second lease” with Unit
Knox County, Case No. 15CA6 7
16, Inc. for the purpose of conducting the business known as Banana Joe’s. The claim
further alleged that appellees interfered with the business relationship between MSD
and Unit 16 by locking MSD out of possession of the premises. The counterclaim
alleged that appellees knowingly leased the premises to MSD for the specific purpose of
MSD subleasing to Unit 16, for the operation of the business known as Banana Joe’s.
Appellants alleged that they had been damaged by appellees’ actions. These
allegations, when taken as true and construing all inferences in favor of appellants, set
forth a claim for tortious interference with a business relationship.
{¶21} In the trial court and before this Court, appellees rely on the findings of
fact of the Mount Vernon Municipal Court and the evidence presented in that case to
support their argument that appellants cannot demonstrate entitlement to relief for
tortious interference with a business relationship. However, appellees’ argument relies
on evidence outside the pleadings. In the instant case, the trial court did not convert the
motion to a motion for summary judgment and dispose of it in accordance with Civ. R.
56, and thus could not consider matters outside of the pleadings. Appellees’ argument
is in the nature of a claim that the issues raised by appellants are res judicata; however,
res judicata cannot be raised in a Civ. R. 12(B)(6) motion. See Wellman v. Wheeling &
Lake Erie Railway Co., 5th Dist. Stark No. 999CA00161, 2000 WL 93986 (December
29, 1999). The court erred in granting appellees’ Civ. R. 12(B)(6) motion as to the claim
for tortious interference with a business relationship.
{¶22} Appellants’ third assignment of error is sustained.
Knox County, Case No. 15CA6 8
IV.
{¶23} In their fourth assignment of error, appellants argue that the court erred in
dismissing their claim for fraud for lack of specificity.
{¶24} To prove fraud, a plaintiff must establish the following elements: (1) a
representation, or silence where there is a duty to disclose, (2) which is material to the
transaction, (3) made falsely, with knowledge of its falsity, or with such utter disregard
as to its truth that knowledge may be inferred, (4) with the intent to mislead another into
relying on it, (5) justifiable reliance on the representation, and (6) resulting injury
proximately caused by the reliance. E.g., Williams v. Aetna Financial Co., 83 Ohio St.3d
464, 475, 700 N.E.2d 859 (1998).
{¶25} In addition, a plaintiff alleging fraud must plead with particularity the
circumstances constituting fraud. Civ. R. 9(B). The circumstances constituting fraud
include the time, place, and content of the false representation; the fact misrepresented;
the identification of the individual giving the false representation; and the nature of what
was obtained or given as a consequence of the fraud. Aluminum Line Products Co. v.
Smith Roofing Co., Inc, 109 Ohio App.3d 246, 259, 671 N.E.2d 1343 (1996).
{¶26} Appellants’ claim for fraud does not set forth the facts constituting their
fraud claim. They did not set forth the time, place, or content of the false
representation, and generally allege that they were misled by appellees at the time they
entered the lease. The claim does not set forth the fact misrepresented or the nature of
what was obtained or given as a consequence of the fraud. The court did not err in
dismissing the fraud claim for failure to plead with specificity as require by Civ. R. 9(B).
{¶27} The fourth assignment of error is overruled.
Knox County, Case No. 15CA6 9
{¶28} The judgment of the Knox County Common Pleas Court dismissing
appellant’s claim for tortious interference with a business relationship is reversed. The
judgment is affirmed in all other respects. This cause is remanded to that court for
further proceedings according to law. Costs are to be divided equally between the
parties.
By: Baldwin, J.
Gwin, P.J. and
Delaney, J. concur.
|
{
"pile_set_name": "FreeLaw"
}
|
Q:
Pandas map (reorder/rename) columns using JSON template
I have a data frame like so:
|customer_key|order_id|subtotal|address |
------------------------------------------------
|12345 |O12356 |123.45 |123 Road Street|
|10986 |945764 |70.00 |634 Road Street|
|32576 |678366 |29.95 |369 Road Street|
|67896 |198266 |837.69 |785 Road Street|
And I would like to reorder/rename the columns based on the following JSON that contains the current column name and the desired column name:
{
"customer_key": "cust_id",
"order_id": "transaction_id",
"address": "shipping_address",
"subtotal": "subtotal"
}
to have the resulting Dataframe:
|cust_id|transaction_id|shipping_address|subtotal|
--------------------------------------------------
|12345 |O12356 |123 Road Street |123.45 |
|10986 |945764 |634 Road Street |70.00 |
|32576 |678366 |369 Road Street |29.95 |
|67896 |198266 |785 Road Street |837.69 |
is this something that's possible? if it makes it easier, the order of the columns isn't critical.
A:
For renaming and ordering you would need to reindex after renaming
df.rename(columns=d).reindex(columns=d.values())
or:
df.reindex(columns=d.keys()).rename(columns=d)
|
{
"pile_set_name": "StackExchange"
}
|
Stereocontrolled access to isoprostanes via a bicyclo[3.3.0]octene framework.
We report a simple and highly stereocontrolled strategy toward the total synthesis of isoprostanes based on a bicyclic alpha,beta-epoxy ketone intermediate 6. Bicyclo[3.3.0]octene scaffold permitted stereodirection of reagents allowing stereoselective epoxidation, diastereoselective ketone reduction, and regioselective epoxide opening otherwise not accessible with a simple cyclopentene framework.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
01:58
Alliance doesn’t mean we’ll agree with whatever BJP says: Akali Dal leader on farm bills
|
{
"pile_set_name": "OpenWebText2"
}
|
Final push to save JFK’s endangered ‘flying saucer’ Pan Am terminal
“I was only 2 years old,” said Stramaglia of his first trip through Pan American World Airways’ "Jetsons"-esque structure, the Worldport. “I’m dating myself here, but it must have been 1971. I flew out with my mother on a trip to Rome, and there must have been something about the terminal that struck me, even then.”
Stramaglia, a New Jersey resident, has thrown himself into a quixotic campaign to save the Pan Am Worldport from almost certain demolition by the New York/New Jersey Port Authority and Delta Air Lines, which now owns it. In 2011 he joined a grass-roots Save the Worldport campaign, founded by a former Pan Am employee, Kalev Savi.
“I’m not a preservationist by trade,” said Stramaglia. “I’m an IT guy. But this is something I latched on to. I have a close emotional tie with it.”
Opened on May 24, 1960, the Worldport conjures up images of a time when air travel was seen as sophisticated and glamorous. With its massive, cantilevered roof suspended over a structure of concrete and glass, the terminal is a sleek embodiment of 1960s style and the emergence of the Jet Age. Some call it a flying saucer; and for Stramaglia, it’s a flying saucer worth saving.
“Midcentury modern is disappearing these days. Some of it is making a comeback with TV shows like 'Mad Men,' but we’re afraid that if this goes it’s going to be one of those Penn Stations,” Stramaglia said, referring to New York City’s original Pennsylvania Station, which was demolished in 1963.
“With the Worldport, the threat was clearly dire and the significance of the place was really compelling to us,” said Roberta Lane, spokesperson for the National Trust, told Yahoo News by phone. “Our aim is to help people embrace modern design and to preserve our modernist heritage. The Worldport embodies the very best of the tradition that came out of the Jet Age, and it occupies a significant place in aviation history as well.”
Stramaglia says he appreciates the publicity his cause has received, but he worries that it might be too late. According to the Times, workers have already started to remove asbestos and lead paint from the terminal to prepare for the wrecking crews.
“It’s not looking good at this point until we get in front of Delta,” he said. “We know the terminal’s obsolete as far as travel—that’s a given. But the saucer can be repurposed.”
Suggestions from the Save the Worldport campaign have included a museum as well as restaurants, shops and an observation space.
The organization has yet to receive a response from Delta on these proposals. And while Stramaglia and his team have spoken with the Port Authority on several occasions, they say that’s not enough.
“It’s a small victory,” said Stramaglia of those meetings. “But they can’t do anything here—they need the private funding from Delta.”
Still, the National Trust believes it can use its status as a top preservation advocacy group to rally support for the Worldport.
“Raising public awareness can be an extremely powerful thing, and we’ve had a good record of that with our annual lists of endangered places,” said Lane, who cited the successful refurbishment of JFK’s futurist TWA Flight Center after that building appeared on the organization’s 2004 list. “There’s been a real groundswell for groups like Save the Worldport.”
More than 6,700 people have joined the group’s Facebook campaign, while an online petition has garnered signatures from almost 70 countries. Stramaglia said people aged 16 to 64 have signed the petition.
“It shows you how much younger people care for the architecture and the history,” he said.
The Worldport has been on the chopping block since 2001, when the Port Authority conducted an eligibility report on the terminal’s status as a historical landmark. According to the Times, Delta plans to turn the site into a parking zone for its aircraft by 2015.
“They said there’s nothing original about the building,” said Stramaglia of the Port Authority’s 2001 report. “They said that the terminal’s cantilevered roof and the suspension cables were something you see every day. They’re not. Those techniques might be common in architecture, but it’s the uniqueness of how they were applied here that makes the building special.”
|
{
"pile_set_name": "Pile-CC"
}
|
Frankie Segarra
Master Gunnery Sergeant Frankie Segarra (born 1963), is the first Hispanic to reach the rank of Master Gunnery Sergeant in his Military Occupational Specialty, 0451 air delivery specialist.
Early years
Segarra's parents moved from Puerto Rico and settled in New York City where Segarra was born and raised. After graduating from high school he joined the Marine Corps and received his basic training in Parris Island, South Carolina, and became the Platoon Honor Man.
Master Gunnery Sergeant
MGySgt Segarra, a veteran of Operation Desert Shield and Desert Storm, is the first Hispanic and for that matter the first Puerto Rican Master Gunnery Sergeant acting as paraloft chief, Landing Support Company, Combat Logistics Regiment 3, 3rd Marine Logistics Group in Camp Smedley D. Butler located in Okinawa, Japan.
Master Gunnery Sergeant and the rank of Sergeant Major are the highest enlisted ranks in the Marine Corps; however, there are far fewer Master Gunnery Sergeants than Sergeants Major.
Other notable Hispanics with the pay grade of E-9 include:
The Sergeant Major of the Marine Corps John L. Estrada, who on June 27, 2003 became the first Hispanic promoted to that rank, and
MGySgt Abigail D. Olmos, who on August 13, 2004 became the first female Master Gunnery Sergeant in the history of the Marine Corps.
Sergeant Major Jose Luis Santiago, who has the distinction of being the 2nd Battalion 9th Marines first Hispanic Sergeant Major and its first Sergeant Major since its reactivation on July 13, 2007.
Hispanic Heritage Month
During the observance of "Hispanic Heritage Month" at Camp Foster in Okinawa, Japan, MGySgt Segarra was quoted as saying "My role as the first Hispanic Marine to achieve the rank of master gunnery sergeant in my military occupational specialty shows that Hispanic Marines can achieve anything".
Awards and decorations
Marine Corps Good Conduct Medal
National Defense Service Medal
Iraq Campaign Medal
Global War on Terrorism Service Medal
Navy and Marine Corps Overseas Service Ribbon
Kuwait Liberation Medal
See also
List of Puerto Ricans
List of Puerto Rican military personnel
Hispanics in the United States Marine Corps
References
External links
Category:1960 births
Category:Living people
Category:Military personnel from New York City
Category:Puerto Rican United States Marines
Category:United States Marines
Category:Puerto Rican military personnel
|
{
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|
Restituirea terenurilor naționalizate de comuniști începe în 1991, odată cu intrarea în vigoare a Legii 18. Inițial, foștii proprietari sau moștenitorii lor puteau primi doar până la 10 hectare. Legea 1 din 2000, cunoscută atunci ca „Legea Vasile Lupu”, mărește suprafaţa la 50 de hectare de teren arabil și 100 de hectare de pășuni. Din 2005, statul a renunţat la limitarea suprafeţelor retrocedate.
Tot atunci se introduce pentru prima dată ideea de despăgubire. Acolo unde nu se puteau restitui terenurile, se acordau, teoretic, despăgubiri. Doar teoretic, pentru că, în realitate, până în 2005, nimeni nu a primit niciun ban în schimbul pământului cuvenit.
Cinci ani mai târziu, numărul cererilor de retrocedare ajunge la 30.000. Statul e depășit de situație și înființează ANRP - Autoritatea Naţională de Restituire a Proprietăţilor.
Instituția trebuia să preia de la Comisiile Județene de Fond Funciar toate dosarele nerezolvate în cei 15 ani scurși de la Revoluție.
După înfiinţarea ANRP, mai e creată încă o structură: Fondul Proprietatea. Aceasta trebuia să asigure resursele necesare despăgubirilor. Mai precis, moștenitorii care nu-și puteau primi terenurile confiscate de comuniști primeau acțiuni la acest fond. Statul era iniţial singurul acţionar al fondului şi deţinea părţi sociale în valoare de aproape 13 miliarde de lei.
CEDO, salvarea celor care nu au fost despăgubiți
Până în 2008, foştii proprietari primesc doar acţiuni la acest fond, de la ANRP. Apoi primesc şi bani. Totul se desfășoară însă extrem de lent. Oamenii nu mai au răbdare și încredere în statul român, așa că plângerile la CEDO curg. Pe masa judecătorilor din Strasbourg se strâng în 2010 peste 2.000 de astfel de dosare.
CEDO ia atitudine și emite o hotărâre-pilot împotriva României. Statul era obligat să găsească, în maximum şase luni, o soluţie general valabilă pentru toate dosarele în care se cereau înapoi terenurile confiscate. Fără o rezolvare rapidă, statul risca suspendarea dreptului de vot în Consiliul Europei.
„Curtea a constatat întârzieri în soluționarea și analiza cererilor, în finalizarea procedurii prin recunoașterea dreptului la o anumită compensație într-un anumit cuantum, respectiv imposibilitatea de valorificare a acelei compensații. Dacă vă mai aduceți aminte, Fondul Proprietatea, care fusese creat pentru a contribui la compensarea acestor persoane a avut dificultăți și în cotarea la bursă, și în valorificarea acțiunilor lui în așa fel încât, practic, nu ajungeam într-un final la o despăgubire reală a indivizilor”, spune Catrinel Brumar, Agentul României la CEDO.
Câteva luni mai târziu, statul român reușește să deblocheze activitatea de despăgubire după ce acțiunile Fondului Proprietatea sunt listate la bursă.
Doi ani mai târziu, Curtea de Conturi publică un raport care semnalează neregulile din curtea ANRP. Inspectorii Curții descoperă că banii se duceau cu predilecție spre anumiți intermediari care cumpăraseră drepturile litigioase de la adevărații proprietari. Mai mult, se afirmă în raport, terenurile erau supraevaluate și intermediarii erau cei care primeau cu prioritate banii.
Într-un top al celor mai mari despăgubiri întocmit de ANRP, şase din primii zece beneficiari sunt intermediari. Legislaţia permisivă, spune CEDO, e de vină pentru soluţionarea preferenţială a dosarelor.
„Legea nr. 247/2005 nu stabileşte nici termenele, nici ordinea în care Comisia Centrală trebuie să examineze dosarele. La data de 28 februarie 2006, Comisia Centrală a hotărât ca ordinea de analizare a dosarelor să fie aleatorie. La data de 16 septembrie 2008, aceasta a revenit asupra hotărârii sale şi a stabilit că dosarele trebuie examinate în ordinea înregistrării lor”, se arată în hotărârea Atanasiu vs. România la CEDO.
Cei mai mari beneficiari
Horia Şchiopu Simu este campionul absolut în topul intermediarilor. El este beneficiarul unor despăgubiri de peste 100 de milioane de euro (466.770.763 lei - aproximativ 105 milioane euro). Drepturile litigioase le-a cumpărat cu o sumă de 100 de ori mai mică - 1,5 milioane dolari.
Horia Simu a intrat în industria cuprului în 2003, când a cumpărat două fabrici: Phoenix Baia Mare și Elcond Zalău. Surse judiciare susțin că omul de afaceri a fost urmărit penal de DIICOT pentru afacerile din domeniu, dar dosarul a fost clasat. Horia Simu apărea, la Registrul Comerţului, ca acționar în șapte firme. Șase au fost radiate și una este în procedură de dizolvare.
„Și pentru noi este foarte greu să dăm de el. Vă dau un alt număr”, este răspunsul primit de reporterii Digi24 de la reprezentanții firmei lui Horia Simu.
Gheorghe Stelian a beneficiat de două despăgubiri care însumează 136 de milioane de euro. Pe prima, în valoare de aproximativ 85 milioane euro, ar fi cumpărat-o cu 6 milioane de lei, adică aproape 1,4 milioane de euro la cursul actual. Pentru această despăgubire a fost trimis în judecată alături de fosta şefă a DIICOT, Alina Bica.
ANRP susţine că, alături de Gheorghe Stelian, beneficiari ai acestei despăgubiri erau şi Valentin Vișoiu, Gabriel Gheorghe, Adrian Andrici. Cei trei nu sunt judecați. Gheorghe Stelian ar fi declarat procurorilor că, pentru rezolvarea solicitării la ANRP, Dorin Cocoş i-ar fi cerut o mită de 10 milioane de euro.
Gheorghe Stelian mai apare, împreună cu alte două persoane ca beneficiar al unei alte despăgubiri, de 51 de milioane de euro, afirmă Curtea de Conturi. Gheorghe Stelian nu a putut fi contactat.
Valentin Vișoiu este al treilea pe lista intermediarilor despăgubiți de ANRP. Lista publicată de Autoritate îl pune în top, cu 85 de milioane de euro, sumă pe care a împărțit-o cu alte două persoane.
Pentru aprobarea acestei despăgubiri, fostul șef al Ageniei Naţionale de Integritate şi fost membru în Comisia Centrală a ANRP, Horia Georgescu, a fost arestat preventiv pentru corupţie.
Valentin Vișoiu este urmărit penal împreună cu ginerele fostului președinte Traian Băsescu pentru o altă despăgubire, de 10 milioane de euro, cerută pentru moșia din Argeş a Brătienilor.
11,5 milioane de euro reprezintă cea de-a treia despăgubire primită de Valentin Vişoiu de la ANRP. Pentru această moşie din Argeş, Vişoiu s-a asociat cu alţi trei parteneri.
Cu o avere estimată la 45-50 de milioane de euro, Valentin Vișoiu este acționarul majoritar al grupului Conarg, care are afaceri în construcții, industria hotelieră și în producția energiei electrice. Omul de afaceri este judecat pentru dare de mită în dosarul primarului municipiului Pitești, Tudor Pendiuc.
„Nu am nimic de comentat. Îmi pare rău, dar nu am nimic de comentat. Nu am nimic de declarat”. Aceasta a fost reacția lui Valentin Vișoiu atunci când a fost contactat de reporterii Digi24.
Al patrulea pe listă, Vasile Geambazi, nepotul lui George Becali, a primit dreptul la o despăgubire de aproximativ 67,5 milioane de euro, din care a încasat deja 13,5 milioane.
Pentru titlurile litigioase a plătit două milioane de euro. Vasile Geambazi susține că nu face parte din rețeaua intermediarilor. El a primit banii în urma unei hotărâri judecătoreşti pe care ANRP a fost nevoită să o pună în aplicare.
După izbucnirea scandalurilor legate de ANRP, Vasile Geambazi a anunțat agenţia în decembrie 2014 că renunță la o altă despăgubire, de 2 milioane de euro.
Reporter: De ce ați renunțat la despăgubirea de 2 milioane de euro?
Vasile Geambazi: Ca să ajut statul să nu plătească 40 de milioane.
Rep: Acuma serios.
Vasile Geambazi: Serios, eu nu sunt lacom. Îmi ajung banii pe care i-am câștigat și nu vreau să iau alți bani de la stat, că am văzut că e situația gravă în țară. Sunt oameni amarâți care poate au nevoie mai multă de banii ăștia. Nu vreau să îmi fac un imperiu din așa ceva.
Uite că nu au vrut să mi-i dea. M-a ajutat Dumnezeu, mai bine că nu mi-au dat. Tot răul spre bine, ca să zic așa. Altfel, poate acum eram chemat și eu la DNA să întrebe de doamna Bica și de cine mai e pe-acolo.
Omul de afaceri Mihai Rotaru și soția lui au primit de la ANRP două despăgubiri. Una de 24,5 milioane de euro, cealaltă de 10,9 milioane de euro. Drepturile litigioase, susţine Curtea de Conturi, ar fi fost cumpărate cu 750.000 de euro. Mihai Rotaru este unul dintre acționarii echipei de fotbal Universitatea Craiova. Este cunoscut ca investitor la bursă și acționar la o serie de companii producătoare de energie și imobiliare.
Nici Mihai Rotaru nu a putut fi contactat.
Dosarele de corupţie de la ANRP
Primul mare dosar cu fraude la ANRP anchetat de procurorii anticorupţie este cel al lui Remus Baciu. Fostul vicepreşedinte al Autorităţii a fost condamnat la cinci ani de închisoare, pentru o mită de 270.000 de euro. Banii i-a primit pentru a-i ajuta pe intermediarii drepturilor litigioase. Aceștia ar fi urmat să primească drepturile cu prioritate.
În octombrie 2014, DNA a deschis o nouă anchetă care vizează reconstituirea unui drept de proprietate asupra unui teren agricol din zona parcului bucureştean Plumbuita. În acest dosar, fosta şefă a DIICOT şi fostă membră în Comisia Centrală ANRP, Alina Bica, a fost arestată și trimisă în judecată. Bica i-ar fi aprobat lui Gheorghe Stelian o despăgubire de 85 de milioane de euro despre care procurorii spun că este ilegală.
O afacere de 10 milioane euro investigată de DNA este retrocedarea și despăgubirea moșiei Brătienilor din Argeș. În 2008, descendenții familiei Brătianu revendică 90 de hectare de teren în comuna Ștefănești. Terenul era ocupat de alte persoane, care fuseseră împroprietărite acolo. Preotul Nicolae Brânzea a moștenit o parte mică din averea Brătienilor.
„Domeniul Brătienilor cuprindea peste 200 de hectare, iar ceea ce vedeți în spate, acolo, unde era și partea de zăvoi și de fânețe. După ce Comisia Locală a reconstituit dreptul de proprietate și a fost validat de Comisia Județeană doar ca drept și Primăria și-a exprimat această decizie și opinie de a nu putea oferi în natură cele 90 de hectare, s-a mers la ANRP pentru a se primi despăgubiri ”, spune Nicolae Brânzea, moștenitor al Eleonorei Brătianu.
Pe 10 iulie 2008, urmaşii Brătienilor află că pot primi despăgubiri pentru terenul revendicat, dar nu ştiu cuantumul. 11 zile mai târziu, vând drepturile litigioase.
Potrivit unui contract obținut de Digi24, dreptul la despăgubire este cumpărat cu un milion de euro.
72,8% din afacere urma să ajungă la cel mai bogat om de afaceri din Piteşti, Valentin Vişoiu. 26,2% reveneau, în părţi egale, lui Florin Şerban Barbu, Aristinei şi lui Nicolae Bădulescu. Valentin Vişoiu duce dosarul la ANRP. Autoritatea numeşte un evaluator, firma Romcontrol, care urma să stabilească valoarea terenului.
„ANRP-ul, cu o comisie de evaluare, a stabilit că au dreptul să primească 10 milioane. Cu Romcontrol... nu știu. Atenție, aici sunt 10 milioane de euro și aici sunt 900.000 de metri pătrați. Eu nu o consider supraevaluată”, spune Dorin Bărbuceanu, primarul comunei Ştefăneşti, înregistrat cu camera ascunsă.
Societatea de evaluare Romcontrol, fostă întreprindere de stat, este condusă de soțul deputatei PNL Andreea Paul.
După evaluare, afirmă primarul din Ștefănești, dar și surse judiciare, Valentin Vişoiu i-ar fi cedat o parte din drepturile sale ginerelui fostului preşedinte, Traian Băsescu. Avocatul Radu Pricop ar avea dreptul la 7% din suma stabilită de ANRP.
Pentru că ANRP tergiversa acordarea despăgubirilor, Radu Pricop şi Valentin Vişoiu au cerut banii în instanţă. Înalta Curte de Casaţie şi Justiţie decide în noiembrie 2012 că ANRP trebuie să le plătească celor doi 10 milioane de euro. Presa începe să scrie despre caz: cei doi, afirmă jurnaliştii, ar fi ascuns justiţiei detalii care ar fi putut schimba cursul procesului. Una dintre moştenitoarele familiei Brătianu fusese declarată decedată, deşi trăia.
„În 2009, prin instanță, ea fost declarată decedată prin sintagma "soția lui Dan Gheorghe Brătianu în prezent decedată", deși ea a decedat în 13 mai 2011. Orecum doamna Eleonora Brătianu știa, că de multe ori îmi spunea, nu știa bine ce s-a întâmplat, dar îmi spunea: Tu știi că eu sunt moartă?”, spune Nicolae Brânzea.
„Eu am găsit hotărârea mai târziu, după ce doamna Eleonora a decedat și abia atunci mi-am dat seama. Eu am crezut că pur și simplu era o glumă. Cert este că s-a recurs la această formulă de a fi declarată moarta. Nu știu cui a folosit”, adaugă preotul.
În 11 decembrie 2013, procurorul general se autosesizează cu privire la modul în care Valentin Vişoiu, Radu Pricop şi alte trei persoane au primit despăgubiri de 10 milioane de euro pentru 90 de hectare de teren.
Legătura Pricop – Bica
Cu o zi înainte, pe 10 decembrie 2013, la 8.30 dimineaţa, Radu Pricop a mers personal la DIICOT, condus la acea vreme de Alina Bica, şi a solicitat să fie cercetat de această structură. Cererea lui era motivată de faptul că ar fi fost victima unei campanii de denigrare. Avocatul le-a cerut procurorilor să fie cercetat pentru constituire de grup infracţional.
Câteva luni mai târziu, procurorii Parchetului General l-au pus pe Radu Pricop sub învinuire pentru fals şi înşelăciune. După o săptămână, Alina Bica a cerut dosarul de la Parchetul General, în baza memoriului depus de Radu Pricop.
În martie 2015, procurorii DIICOT au trimis dosarul la DNA pentru că ar fi existat indicii de corupţie: memoriul, depus de Radu Pricop cu o zi înainte de declanşarea oficială a anchetei, i-ar fi dat avocatului posibilitatea să îşi aleagă Parchetul de care urma să fie cercetat. Ceea ce s-a şi întâmplat.
Nicolae Edulescu, expertul care a evaluat terenurile familiei Brătianu la 10 milioane de euro, este și el cercetat de procurori. Un asociat al lui Valentin Vișoiu, spune expertul, l-ar fi denunțat la Parchet că ar fi primit mită pentru supraevaluare. Într-o înregistrare cu camera ascunsă, Nicolae Edulescu vorbeşte despre mita oferită:
„Deci a vrut să-mi dea bani. Nu știu, bani, ca un plic. Uite din partea lui Vali că ai fost drăguț sau ce o fi zis el atunci. Fugi, mă, de aici! și am plecat din mașină de la el. Mi-a dat telefon înainte. Ca să dăm cărțile pe față. Da, a vrut să îmi dea, dar nu Vișoiu. Nu mi-a impus, domnule, să îi scot o valoare mai mare. De ce sa mint. Nu mi-a impus: bă, scoate-mi 15-20 de milioane. A zis: Eu mă așteptam la 15-20 de milioane. Poate alt evaluator îi scotea fără să îi dea nimic, care nu analiza corect. El se aștepta la 15-20 de milioane. Domnu Vișoiu, vă puteți dumneavoastră aștepta, dar eu chiar nu pot să vă dau atât, că nu stabilesc doar eu, e de comun acord. Dacă îi dădeam eu 20, Bucureștiul îmi tăia la 10.
Am fost deja, am spus ce am avut de spus. O să vedeți în zilele următoare sau săptămânile următoare ce e acolo, ce nu este acolo. Ce s-a întâmplat, ce a făcut fiecare, dacă a făcut, dacă nu a făcut”.
Afacerea despăgubirilor pentru proprietățile din Cadrilater
Nu doar intermediarii ar fi păgubit statul român. În raportul privind activitatea ANRP, inspectorii Curții de Conturi vorbesc despre zeci de nereguli și în privința despăgubirilor date celor care aveau proprietăţi în teritoriile românești cedate statelor vecine - Cadrilater, Basarabia sau Bucovina.
În 1940, partea sudică a Dobrogei a fost cedată Bulgariei. Peste 100.000 de români și-au abandonat casele și terenurile din județele Durostor și Caliacra și s-au mutat la nord de Dunăre. 58 de ani mai târziu, guvernul Victor Ciorbea decide să ofere despăgubiri românilor din Cadrilater sau urmașilor acestora.
Cei care voiau despăgubirile aveau la dispoziţie şase luni pentru a depune cererile la prefecturile de domiciliu. Dosarele rezultate erau trimise la Comisia Centrală a ANRP din București, unde primeau o rezoluție. În doar doi ani, românii au depus 8115 cereri, din care doar 115 au fost aprobate. Statul român a plătit despăgubiri de 2,2 milioane de euro.
„Termenul de depunere a dosarelor s-a prelungit, dacă nu mă înșel, de încă două ori, pentru că s-a observat că sunt foarte mulți cetățeni care nu își depuseseră dosarele, deşi erau îndrituiţi să primească aceste despăgubiri şi nu îşi depuseseră dosarele. Bine, mulţi dintre ei nu ştiau, erau oameni în vârstă, oameni mai de la ţară, şi mulţi aveau dificultăţi în a găsi documentele la arhivă”, a explicat parlamentarul Puiu Hașotti.
Cele mai multe cereri au fost depuse în București și Constanța. Odată cu instalarea Guvernului Năstase, se schimbă şi procedura: Autoritatea Naţională de Restituire a Proprietăţilor se ocupă de recompensarea românilor cu teren sau case din Cadrilater.
„În perioada 2000-2004, guvernul de atunci nu a fost interesat să rezolve această problemă, iar în 2004-2008 s-au rezolvat majoritatea dosarelor, cel puţin pentru judeţul Constanţa. Dacă în 2000-2004 s-au rezolvat aproximativ 80 de dosare, în 2004-2008 după cunoştinţa mea s-au rezolvat peste 2000, dar nu în totalitate, ci cu prima tranşă”, spune Puiu Hașotti.
Raportul Curţiii de Conturi afirmă că doar în judeţul Constanța ar fi existat 20 de cazuri în care despăgubirile ar fi fost ilegale. Unii dintre solicitanţi ar fi cerut bani de două sau chiar de trei ori pentru aceeaşi proprietate.
„Nu a stat nimeni să verifice fiecare cerere. Dacă mai sunt încă 1000 de cereri în spate cu același nume. Nu au fost introduse în sistem informatic. Fiind foarte multe, era destul de complicat ca, după ce s-au depus toate cererile, să începi să le bagi în calculator să vezi ce e respins sau ce nu e respins, ce-ai dat sau ce n-ai dat, sau dacă îţi apar nume de două ori sau dacă s-au făcut două cereri în toată perioada asta. Deci se mergea doar pe registre, or, nu stă nimeni să-ţi facă verificarea asta tehnic! Să stea: ia să vedem, mai e un nume trecut, nu e un nume trecut! Se lucra la foc continuu”, spune fostul prefect de Constanța, Claudiu Palaz.
Nicolae Steru avea o moşie de 10 hectare de teren arabil şi o casă în fostul judeţ Durostor, aflat acum în Bulgaria. Proprietarul a fost deportat în România în anii 40. Începând cu 2007, patru persoane au solicitat despăgubiri pentru averea Steru. ANRP a plătit, arată Raportul Curţii de Conturi, de trei ori pentru aceleaşi bunuri.
„Îmi vine greu să cred că ce spuneţi dumneavoastră... ar trebui să văd, au fost foarte multe documentaţii. Mie îmi vine greu să cred că atât la Constanţa, cât şi la Bucureşti nu s-a sesizat acest lucru”, spune un alt fost prefect al județului, Dănuț Culețu.
Conform raportului emis de Curtea de Conturi, Pașa Hrisaida a primit ilegal suma de 481.763 lei.
Mihai Stere și Gheorghe Mihale au primit peste 300.000 de lei.
„Bunicii erau acolo şi au avut drepturi. Nu am auzit că a fost ceva ilegal. Ceva ilegal s-a făcut de sus”, spun reprezentanții familiilor despăgubite.
La dosarul de compensare, pe lângă acte care dovedeau că a fost deportat, solicitantul trebuia să aducă şi declaraţiile unor martori care ar fi putut da detalii despre proprietăţile abandonate în Bulgaria. În cazul lui Nicolae Stere, au existat șase persoane care au dat declarații. O parte dintre ele sunt aceleaşi care au dat declaraţii şi în alte cazuri.
Deși aceste dosare au trecut prin filtrele Comisiei Județene și ale ANRP, nicio autoritate nu şi-a dat seama că declaraţiile ar fi false, aşa cum susţine Curtea de Conturi.
„Acordarea de despăgubiri era foarte corectă pentru că statul român primise aceste despăgubiri și cetățenii erau îndreptățiți. Că s-ar fi putut să fie erori, cum spuneți dumneavoastră, asta trebuie verificat”, spune Dănuț Culețu.
Și pentru proprietăţile lui Costea Pufleni, ANRP a plătit de două ori compensații. Steriu Puflene depune prima cerere în 2006, la Prefectura Tulcea. Este respinsă. Doi ani mai târziu, sora lui, Zoița Bavaleta, cere bani Comisiei Județene Constanța.
Femeia primeşte 422.270 de lei, deși, spune Curtea de Conturi, nu era moștenitoare legală. Ea declarase pe proprie răspundere că nu mai existau şi alți moștenitori.
„Nu cred că au jucat teatru în felul ăsta cu mine şi să zic că au trecut aceste cereri la un moment dat. Nu, pur şi simplu este din eroare. Hotărârea comisiei judeţene este zero, ca să înţelegeţi mecanismul, fără aprobarea comisiei naţionale. Deci poţi să dai aici 50.000 de hotărâri pe local, dar dacă nu ajunge şi nu-ţi aprobă naţionalul ai dat degeaba”, spune Claudiu Palaz.
Elena Hira, fiica și moștenitoarea reală a lui Costea Pufleni, depune în iunie 2007 o altă cerere pentru acordarea despăgubirilor.
În 2009, ANRP a considerat că familia Hira trebuie să primească puțin peste 90.000 de lei pentru aceeaşi proprietate pentru care îi acordase Zoiţei Bavaleta despăgubiri de cinci ori mai mari.
„Noi, când am depus actele, eu când le-am depus prima dată, le-am depus la o notară la Bucureşti. (...) În patru ani nu ne-a venit niciun răspuns de acolo. Iar eu când mi-a venit pentru ăştia 90.000 de lei, mi-a venit o cerere de la Bucureşti, o hârtie că dacă vreau să renunţ la 2 miliarde 800, îmi dă bani într-o lună de zile”, povestește Elena Hira.
Saricu Stere avea 12 ani când a ajuns în Români, în 1940, împreună cu părinţii. În 1998 a cerut și el despăgubiri pentru proprietățile lăsate în Bulgaria: 10 hectare de teren, o casă cu patru camere și recoltele abandonate. Comisia Județeană decide că Stere Saricu are dreptul să primească doar banii pentru recoltele abandonate: 736 de lei.
„Şapte milioane, domnule? Asta e o bătaie de joc. Vă bateţi joc, zic. Şi-am plecat. După aceea mi-am luat actele și le-am dat nepotului”, spune el.
Conform raportului Curții de Conturi, tatăl lui Stere Saricu primise compensații pentru terenuri și casă cu ocazia repatrierii. Cu toate acestea, un nepot al lui, Paris Enache, a primit peste 280.000 de lei despăgubiri pentru aceleaşi proprietăţi solicitate de Stere Saricu.
„L-au anunţat de acolo, a primit banii. În două rate i-a primit”, spune Stere Saricu.
Din 1998, statul român a acordat an de an despăgubiri urmaşilor sau celor care s-au pretins moștenitori ai românilor deportaţi din Cadrilater, Basarabia, Bucovina şi ţinutul Herţa. Au fost depuse 16.796 de dosare, din care au fost soluţionate 14.779. În urma ilegalităţilor descoperite de Curtea de Conturi, inspectorii au cerut ANRP reanalizarea tuturor dosarelor cu o compensaţie mai mare de 500.000 de lei.
Cazuri nerezolvate după 20 de ani
Restituirea terenurilor rămâne în continuare o problemă majoră. Zeci de mii de foşti proprietari aşteaptă încă să-şi primească pământurile sau despăgubirile.
Nepoții celebrului medic Marius Nasta se bat în justiţie de aproape 20 de ani ca să intre în posesia unui bloc din Dorobanţi. Au câştigat toate apartamentele, mai puţin unul. Majoritatea magistraţilor care le-au văzut dosarul le-au dat dreptate, dar nu au reuşit să termine procedura. De-a lungul timpului, familia Nasta a fost abordată şi de omul de afaceri Marius Locic, condamnat în dosarul de corupție al senatorului Cătălin Voicu. Marius Locic a vrut să cumpere drepturile litigioase, dar nu a oferit suma potrivită.
„Problema este că au trecut din 96 - la anul se împlinesc 20 de ani de când ne judecăm. Iar eu personal împreună cu rudele mele ne chinuim să recuperăm un apartament de la etajul doi al blocului. Deci sunt 20 de ani de când încercăm să recuperăm un apartament”, spune Niculae Nasta, unul dintre moștenitorii medicului.
„M-a contactat un domn Locic, acum vreo 10-12 ani. Voia să-mi cumpere mie și rudelor mele partea litigioasă și terenul în indiviziune”, adaugă el.
Numărul cererilor de restituire a fostelor proprietăţi din ultimii 25 de ani rămâne o necunoscută, pentru că nu a existat un sistem centralizat. Avocaţii estimează că au fost peste trei milioane de solicitări pentru toate legile proprietăţii, fie că e vorba de terenuri sau clădiri. În 2010, Guvernul spunea Curţii Europene a Drepturilor Omului că peste 1,5 milioane de cereri de restituire fuseseră înregistrate în opt judeţe doar în baza a două legi - 18 din 1991 şi 1 din 2000. Pentru că nu a putut da terenurile şi casele în natură, statul a pus la bătaie acţiuni la Fondul Proprietatea în valoare de 13 miliarde de lei - aproximativ 4 miliarde de euro, acţiuni pe care le-a distribuit integral. S-au plătit şi direct bani, iar justiţia a avut peste o jumătate de milion de procese.
La 24 de ani de la primele încercări de rezolvare a problemei, respectarea proprietăţii rămâne o problemă majoră a statului, umbrită de anchetele DNA care au demonstrat că, pentru unii, pământul a fost o afacere mai profitabilă decât sperau.
|
{
"pile_set_name": "OpenWebText2"
}
|
import mxnet as mx
import numpy as np
import os, time, logging, argparse, shutil
from mxnet import gluon, image, init, nd
from mxnet import autograd as ag
from mxnet.gluon import nn
from mxnet.gluon.data.vision import transforms
import gluoncv as gcv
gcv.utils.check_version('0.6.0')
from gluoncv.utils import makedirs
from gluoncv.model_zoo import get_model
def parse_opts():
parser = argparse.ArgumentParser(description='Transfer learning on MINC-2500 dataset',
formatter_class=argparse.ArgumentDefaultsHelpFormatter)
parser.add_argument('--data', type=str, default='',
help='directory for the prepared data folder')
parser.add_argument('--model', required=True, type=str,
help='name of the pretrained model from model zoo.')
parser.add_argument('-j', '--workers', dest='num_workers', default=4, type=int,
help='number of preprocessing workers')
parser.add_argument('--num-gpus', default=0, type=int,
help='number of gpus to use, 0 indicates cpu only')
parser.add_argument('--epochs', default=40, type=int,
help='number of training epochs')
parser.add_argument('-b', '--batch-size', default=64, type=int,
help='mini-batch size')
parser.add_argument('--lr', '--learning-rate', default=0.001, type=float,
help='initial learning rate')
parser.add_argument('--momentum', default=0.9, type=float,
help='momentum')
parser.add_argument('--weight-decay', '--wd', dest='wd', default=1e-4, type=float,
help='weight decay (default: 1e-4)')
parser.add_argument('--lr-factor', default=0.75, type=float,
help='learning rate decay ratio')
parser.add_argument('--lr-steps', default='10,20,30', type=str,
help='list of learning rate decay epochs as in str')
opts = parser.parse_args()
return opts
# Preparation
opts = parse_opts()
classes = 23
model_name = opts.model
epochs = opts.epochs
lr = opts.lr
batch_size = opts.batch_size
momentum = opts.momentum
wd = opts.wd
lr_factor = opts.lr_factor
lr_steps = [int(s) for s in opts.lr_steps.split(',')] + [np.inf]
num_gpus = opts.num_gpus
num_workers = opts.num_workers
ctx = [mx.gpu(i) for i in range(num_gpus)] if num_gpus > 0 else [mx.cpu()]
batch_size = batch_size * max(num_gpus, 1)
logging.basicConfig(level=logging.INFO,
handlers = [logging.StreamHandler()])
train_path = os.path.join(opts.data, 'train')
val_path = os.path.join(opts.data, 'val')
test_path = os.path.join(opts.data, 'test')
jitter_param = 0.4
lighting_param = 0.1
normalize = transforms.Normalize([0.485, 0.456, 0.406], [0.229, 0.224, 0.225])
transform_train = transforms.Compose([
transforms.Resize(480),
transforms.RandomResizedCrop(224),
transforms.RandomFlipLeftRight(),
transforms.RandomColorJitter(brightness=jitter_param, contrast=jitter_param,
saturation=jitter_param),
transforms.RandomLighting(lighting_param),
transforms.ToTensor(),
normalize
])
transform_test = transforms.Compose([
transforms.Resize(256),
transforms.CenterCrop(224),
transforms.ToTensor(),
normalize
])
def test(net, val_data, ctx):
metric = mx.metric.Accuracy()
for i, batch in enumerate(val_data):
data = gluon.utils.split_and_load(batch[0], ctx_list=ctx, batch_axis=0, even_split=False)
label = gluon.utils.split_and_load(batch[1], ctx_list=ctx, batch_axis=0, even_split=False)
outputs = [net(X) for X in data]
metric.update(label, outputs)
return metric.get()
def train(train_path, val_path, test_path):
# Initialize the net with pretrained model
finetune_net = get_model(model_name, pretrained=True)
with finetune_net.name_scope():
finetune_net.output = nn.Dense(classes)
finetune_net.output.initialize(init.Xavier(), ctx = ctx)
finetune_net.collect_params().reset_ctx(ctx)
finetune_net.hybridize()
# Define DataLoader
train_data = gluon.data.DataLoader(
gluon.data.vision.ImageFolderDataset(train_path).transform_first(transform_train),
batch_size=batch_size, shuffle=True, num_workers=num_workers)
val_data = gluon.data.DataLoader(
gluon.data.vision.ImageFolderDataset(val_path).transform_first(transform_test),
batch_size=batch_size, shuffle=False, num_workers = num_workers)
test_data = gluon.data.DataLoader(
gluon.data.vision.ImageFolderDataset(test_path).transform_first(transform_test),
batch_size=batch_size, shuffle=False, num_workers = num_workers)
# Define Trainer
trainer = gluon.Trainer(finetune_net.collect_params(), 'sgd', {
'learning_rate': lr, 'momentum': momentum, 'wd': wd})
metric = mx.metric.Accuracy()
L = gluon.loss.SoftmaxCrossEntropyLoss()
lr_counter = 0
num_batch = len(train_data)
# Start Training
for epoch in range(epochs):
if epoch == lr_steps[lr_counter]:
trainer.set_learning_rate(trainer.learning_rate*lr_factor)
lr_counter += 1
tic = time.time()
train_loss = 0
metric.reset()
for i, batch in enumerate(train_data):
data = gluon.utils.split_and_load(batch[0], ctx_list=ctx, batch_axis=0, even_split=False)
label = gluon.utils.split_and_load(batch[1], ctx_list=ctx, batch_axis=0, even_split=False)
with ag.record():
outputs = [finetune_net(X) for X in data]
loss = [L(yhat, y) for yhat, y in zip(outputs, label)]
for l in loss:
l.backward()
trainer.step(batch_size)
train_loss += sum([l.mean().asscalar() for l in loss]) / len(loss)
metric.update(label, outputs)
_, train_acc = metric.get()
train_loss /= num_batch
_, val_acc = test(finetune_net, val_data, ctx)
logging.info('[Epoch %d] Train-acc: %.3f, loss: %.3f | Val-acc: %.3f | time: %.1f' %
(epoch, train_acc, train_loss, val_acc, time.time() - tic))
_, test_acc = test(finetune_net, test_data, ctx)
logging.info('[Finished] Test-acc: %.3f' % (test_acc))
if __name__ == "__main__":
train(train_path, val_path, test_path)
|
{
"pile_set_name": "Github"
}
|
Lin Kun-han
Lin Kun-han (; born 5 January 1968), is a Taiwanese baseball player who competed in the 1992 Summer Olympics.
He was part of the Chinese Taipei baseball team which won the silver medal. He played as infielder.
External links
profile
Category:1968 births
Category:Living people
Category:Asian Games bronze medalists for Chinese Taipei
Category:Asian Games medalists in baseball
Category:Baseball pitchers
Category:Baseball players at the 1992 Summer Olympics
Category:Baseball players at the 1998 Asian Games
Category:Medalists at the 1992 Summer Olympics
Category:Medalists at the 1998 Asian Games
Category:Mercuries Tigers players
Category:Olympic baseball players of Taiwan
Category:Olympic medalists in baseball
Category:Olympic silver medalists for Taiwan
Category:People from Changhua County
Category:Taipei Gida players
Category:Taiwanese baseball players
|
{
"pile_set_name": "Wikipedia (en)"
}
|
In vivo imaging of human labial glands using advanced optical coherence tomography.
Optical coherence tomography (OCT) has emerged as a high-resolution noninvasive clinical imaging application. The purpose of this study was to show OCT images of human labial glands obtained using a swept-source (SS) OCT system. Labial gland OCT imaging was carried out using our new SS-OCT system for 5 healthy volunteers using a hand-held in vivo OCT scanning probe. The labial tissue was scanned in a superior to inferior direction in 2 and 3 dimensions. The resulting 2- and 3-dimensional ultrahigh-resolution images of in vivo OCT human labial minor salivary glands revealed the epithelium, connective tissue, lobes, and duct. OCT was capable of providing simultaneous and noninvasive structural information with high resolution. This clinical imaging modality promises to have clinical impact in the diagnosis of such conditions as Sjögren syndrome and xerostomia.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Photo of a Baby Doing a ‘Keg Stand’ at Tailgate Party Draws Outrage: ‘They Should Be Jailed’
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(Photo via ABC15)
A picture of a baby doing what appears to be a keg stand– an act typically performed in college when two friends hold a person upside down while they guzzle excessive quantities of beer– has caused outrage with one woman even saying the perpetrators should be “jailed.”
Posted on thedirty.com, most are at least are agreeing that the picture is in poor taste or “just wrong.”
[It's] not clear if the child was actually drinking beer, but you can clearly see the nozzle in his mouth. Onlookers snapped photos as an adult held the child up for a “keg stand,” where a person is held upside down and drinks as much beer as he can.
According to thedirty.com, an ASU student, who was appalled, sent the picture in.
“I just don’t see the joke in it at all,” says website creator Nik Richie. “People are really looking at this saying, even if it was a joke it is just poor taste and it is terrible parenting.”
Richie says the photo was taken while tailgating outside the stadium before Saturday’s game.
“If you are an ASU alumni, I know this is a party school and people look at ASU like this is what you do. It is fun and games. It is not.”
If this was intended to be joke, not many people are laughing now. ASU Police are investigating. [Emphasis added]
However there are also those who are taking the photo with a grain of salt– and a bit more humor.
Disagreeing with the woman who said “they should be jailed,” one commenter wrote on thedirty.com: “I doubt they actually gave the kid beer…Just a funny photo opp. Everyone needs to stop being so serious!”
Another agreed, adding: “I doubt everyone around would be laughing if it was actually happening…Come on, people.”
What do you think? Is the “baby keg stand” photo an innocent joke, or over the line either way?
|
{
"pile_set_name": "Pile-CC"
}
|
Q:
Binding value not passed to user control in WPF
I've looked long and hard and am stuck. I'm trying to pass a parameter from Window to UserControl1 via a binding from Window.
In the MainWindow, the UserControl1 is included twice, once passing the parameter MyCustom via a binding on MyValue, again with a literal. Passing with the binding has no effect on UserControl1. MyCustom dependency property is not changed. With the literal, it works as expected.
I'm very perplexed. I've copied the example in https://stackoverflow.com/a/21718694/468523 but no joy. There must be something simple I'm missing.
Sorry about all the code I copied but the devil is often in the details ..
MainWindow.xaml
<Window x:Class="MyParamaterizedTest3.MainWindow"
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
xmlns:d="http://schemas.microsoft.com/expression/blend/2008"
xmlns:mc="http://schemas.openxmlformats.org/markup-compatibility/2006"
xmlns:local="clr-namespace:MyParamaterizedTest3"
mc:Ignorable="d"
Title="MainWindow" Height="350" Width="525"
DataContext="{Binding RelativeSource={RelativeSource Self}}">
<Grid HorizontalAlignment="Center" VerticalAlignment="Center">
<StackPanel>
<Rectangle Height="20"/>
<local:UserControl1 MyCustom="{Binding MyValue, UpdateSourceTrigger=PropertyChanged}"/>
<Rectangle Height="20"/>
<local:UserControl1 MyCustom="Literal Stuff"/>
<Rectangle Height="20"/>
<StackPanel Orientation="Horizontal">
<TextBlock Text="MainWindow: "/>
<TextBlock Text="{Binding MyValue, UpdateSourceTrigger=PropertyChanged}"/>
</StackPanel>
</StackPanel>
</Grid>
</Window>
MainWindow.xaml.cs
namespace MyParamaterizedTest3
{
public partial class MainWindow : INotifyPropertyChanged
{
public MainWindow()
{
InitializeComponent();
}
public string MyValue { get => _myValue; set => SetField(ref _myValue, value); }
private string _myValue= "First things first";
public event PropertyChangedEventHandler PropertyChanged;
protected bool SetField<T>(ref T field, T value, [CallerMemberName] string propertyName = null)
{
if (EqualityComparer<T>.Default.Equals(field, value)) { return false; }
field = value;
PropertyChanged?.Invoke(this, new PropertyChangedEventArgs(propertyName));
return true;
}
}
}
UserControl1.xaml (corrected below)
<UserControl x:Class="MyParamaterizedTest3.UserControl1"
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
xmlns:mc="http://schemas.openxmlformats.org/markup-compatibility/2006"
xmlns:d="http://schemas.microsoft.com/expression/blend/2008"
xmlns:local="clr-namespace:MyParamaterizedTest3"
mc:Ignorable="d"
d:DesignHeight="300" d:DesignWidth="300"
DataContext="{Binding RelativeSource={RelativeSource Self}}"
>
<Grid HorizontalAlignment="Center" VerticalAlignment="Center">
<Border BorderThickness="3" BorderBrush="Black">
<StackPanel>
<TextBlock Text="{Binding MyCustom, UpdateSourceTrigger=PropertyChanged, FallbackValue=mycustom}"></TextBlock>
</StackPanel>
</Border>
</Grid>
</UserControl>
UserControl1.xaml.cs (corrected below)
namespace MyParamaterizedTest3
{
public partial class UserControl1 : INotifyPropertyChanged
{
public UserControl1()
{
InitializeComponent();
}
public static readonly DependencyProperty MyCustomProperty =
DependencyProperty.Register("MyCustom", typeof(string), typeof(UserControl1));
public string MyCustom
{
get
{
return this.GetValue(MyCustomProperty) as string;
}
set
{
this.SetValue(MyCustomProperty, value);
}
}
public event PropertyChangedEventHandler PropertyChanged;
protected bool SetField<T>(ref T field, T value, [CallerMemberName] string propertyName = null)
{
if (EqualityComparer<T>.Default.Equals(field, value)) { return false; }
field = value;
PropertyChanged?.Invoke(this, new PropertyChangedEventArgs(propertyName));
return true;
}
}
}
Corrected UserControl1.xaml (per Ed Plunkett)
<UserControl x:Class="MyParamaterizedTest3.UserControl1"
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
xmlns:mc="http://schemas.openxmlformats.org/markup-compatibility/2006"
xmlns:d="http://schemas.microsoft.com/expression/blend/2008"
mc:Ignorable="d"
d:DesignHeight="300" d:DesignWidth="300"
>
<Grid HorizontalAlignment="Center" VerticalAlignment="Center">
<Border BorderThickness="3" BorderBrush="Black">
<StackPanel>
<TextBlock Text="{Binding MyCustom, RelativeSource={RelativeSource AncestorType=UserControl}, FallbackValue=mycustom}"></TextBlock>
</StackPanel>
</Border>
</Grid>
</UserControl>
Corrected UserControl1.xaml.cs (per Ed Plunkett)
<UserControl x:Class="MyParamaterizedTest3.UserControl1"
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
xmlns:mc="http://schemas.openxmlformats.org/markup-compatibility/2006"
xmlns:d="http://schemas.microsoft.com/expression/blend/2008"
mc:Ignorable="d"
d:DesignHeight="300" d:DesignWidth="300"
>
<Grid HorizontalAlignment="Center" VerticalAlignment="Center">
<Border BorderThickness="3" BorderBrush="Black">
<StackPanel>
<TextBlock Text="{Binding MyCustom, RelativeSource={RelativeSource AncestorType=UserControl}, FallbackValue=mycustom}"></TextBlock>
</StackPanel>
</Border>
</Grid>
</UserControl>
A:
In the window XAML, the bindings on the usercontrol instance use the usercontrol's DataContext as their source, by default. You're assuming that it's inheriting its datacontext from the window.
But here's this in the UserControl:
DataContext="{Binding RelativeSource={RelativeSource Self}}"
That breaks all the bindings the parent gives it. So don't do that. Use relativesource:
<UserControl x:Class="MyParamaterizedTest3.UserControl1"
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
xmlns:mc="http://schemas.openxmlformats.org/markup-compatibility/2006"
xmlns:d="http://schemas.microsoft.com/expression/blend/2008"
xmlns:local="clr-namespace:MyParamaterizedTest3"
mc:Ignorable="d"
d:DesignHeight="300" d:DesignWidth="300"
>
<Grid HorizontalAlignment="Center" VerticalAlignment="Center">
<Border BorderThickness="3" BorderBrush="Black">
<StackPanel>
<TextBlock Text="{Binding MyCustom, RelativeSource={RelativeSource AncestorType=UserControl}, FallbackValue=mycustom}"></TextBlock>
</StackPanel>
</Border>
</Grid>
</UserControl>
Also:
UpdateSourceTrigger=PropertyChanged doesn't serve any purpose on a binding to a property that never updates its source, so that can be omitted.
As we discussed in comments, INotifyPropertyChanged isn't needed for dependency properties.
It's immensely frustrating when bindings just don't work, because how do you debug them? You can't see anything. The critical thing is where is it looking for this property? You can get diagnostic information like this:
<TextBlock
Text="{Binding MyCustom, PresentationTraceSources.TraceLevel=High, FallbackValue=mycustom}"></TextBlock>
That will emit a great deal of debugging information to the Output pane of Visual Studio at runtime. It will tell you exactly what the Binding is trying to do, step by step, what it finds, and where it fails.
The window can get away with setting its own DataContext to Self because it has no parent, so it's not stepping on an inherited DataContext. However, the window can and should use RelativeSource itself -- or better yet, write a main viewmodel class (you know how to implement INPC already), move the window's properties to the main viewmodel, and assign an instance of the viewmodel to the window's DataContext.
|
{
"pile_set_name": "StackExchange"
}
|
[A 50-year study on the epidemiology of hypertension in Heilongjiang Province of China].
To assess the epidemiological characteristics of hypertension and its attributing factors in Heilongjiang province and establish a comprehensive basis for the prevention and control of hypertension in this region. Using the stratified chunk method, a survey lasting 50 years was conducted on a sample of 299 677 (including 158 782 males and 140 895 females) patients, aged 15 and above, residing in both rural and urban areas of Heilongjiang province from 1958 to 2007. Both blood pressure measurement and analysis on attributing factors of hypertension were carried out in 1958, 1979, 1991, 1999 and 2007. The prevalence of hypertension was significantly higher in Heilongjiang than in other provinces. It elevated annually, reaching a 3-fold increase in 50 years with an accelerating pace (17.06% to 25.69%) in the recent 8 years. Among the people examined, the prevalence of hypertension increased with aging. Furthermore, the prevalence of hypertension varied among different professions. Office workers had the highest prevalence (41.67%). Compared with; female population, male participants had a much higher prevalence before the age of 55 (P<0.0001). Body mass index, gender, hypertriglyceridemia, age, low-high density lipoprotein cholesterol and family history were identified as major risk factors for the development of hypertension in Heilongjiang province. However, the awareness (48.90%), treatment (25.33%) and control (4.32%) rates of hypertension in this region were relatively low. The results of the present study identified Heilongjiang province as a high-risk region for hypertension. It also suggests the necessity to plan and implement actions for the effective prevention and treatment of hypertension in this region.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Правообладатель иллюстрации Reuters Image caption Границу с Украиной пересекли 35 автомобилей с гуманитарным грузом
35 автомобилей второго российского гуманитарного конвоя пересекли границу на российском КПП "Донецк", сообщает ростовская таможня.
"Российские таможенники и пограничники завершили оформление первой партии грузовых автомобилей", - заявил РИА Новости представитель Южного таможенного управления Раян Фарукшин.
Из миновавших границу автомобилей 33 - грузовики с собственно грузом и два технических автомобиля, добавляет таможенник.
Российское МЧС ранее сообщало о сборе 2 тысяч тонн гуманитарного груза.
Первый гуманитарный конвой, состоявший из более 200 грузовиков, был отправлен на Украину в августе.
Ожидание ответа
В четверг заместитель главы МЧС России Владимир Степанов сообщил, что вторая российская гуманитарная колонна для жителей юго-востока Украины находится у украинской границы в Ростовской области.
По его словам, все документы для отправки помощи на Украину с российской стороны были собраны, Москва ожидает ответ Киева.
"Мы собрали около 2 тыс. тонн. Это предметы первой необходимости, медикаменты, продукты питания, оборудование для очистки воды, передвижные электростанции и другие сопутствующие виды товаров, которые необходимы сегодня населению юго-востока Украины", - сказал Степанов.
Как он отметил, задержка с доставкой гуманитарной помощи связана с тем, что предварительный план, который был согласован ранее с украинской стороной, так и не реализован.
Правообладатель иллюстрации AFP Image caption Автомобили доставят 2 тысячи тонн гуманитарного груза
В свою очередь, заместитель главы региональной делегации Международного комитета Красного Креста в России, Белоруссии и Молдавии Бруно Ускине заявил в четверг, что 16 представителей МККК находятся в Ростовской области, однако проблема заключается в том, что "нет согласия ни со стороны России, ни со стороны Украины".
В комитете общественной поддержки жителей юго-востока Украины сообщили о том, что российская сторона дала свое согласие.
29 августа постпред России при ООН Виталий Чуркин заявил, что главы МИД России и Украины договорились об отправке жителям Донецкой и Луганской областей нового гуманитарного конвоя.
"Сейчас завершается подготовка к отправке второго такого конвоя. Договоренность об этом сегодня была подтверждена в телефонном разговоре министра иностранных дел РФ Сергея Лаврова с главой МИД Украины Павлом Климкиным", - сказал Чуркин на заседании Совета Безопасности ООН по Украине.
Как сообщали украинские СМИ, 26 августа Киев получил от Москвы ноту о намерении направить на восток Украины второй гуманитарный конвой. В своем ответе Украина указала российской стороне на грубые нарушения во время предыдущей доставки и предупредила России о необходимости следования четким правилам.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
Tools for Version control for Xcode
For my iPhone App I want to Use version Control for Xcode
so Can anyone please suggest me some user friendly tools for that which help me to configure version control for Xcode
Please Help and Suggest,
Thanks.
A:
Xcode 3.x includes built-in support for Subversion. You may find that the developer previews of Xcode 4 also include Git support.
Xcode 3.x SVN support is configured via the "SCM" tab in the application's Preferences dialog. Xcode 4 is under NDA still, so you'll have to figure out how to do it yourself.
|
{
"pile_set_name": "StackExchange"
}
|
David Ray Campbell
David Campbell (born July 1, 1954) is an American television writer, theater producer, and former comedy manager. With his partner, Jim Jinkins, Campbell helped create the Nickelodeon animated television series Doug, which launched Nicktoons. He is also the co-founder of Jumbo Pictures and Cartoon Pizza, and is currently developing the Broadway musical, Holy Fire!
Biography and career
Campbell was born in Palatka, Florida and grew up in Searcy, Arkansas.
He began his career working on many theatrical productions in New York and Los Angeles as a stage manager. He later produced such show business legends as Mickey Rooney, Ann Miller, Carol Channing, and Donald O’Connor in multiple productions of Sugar Babies, which played more than 1,200 performances on Broadway.
Campbell was also the founder and director of a New York talent management company, helping launch the early careers of Louis CK, Brett Butler, The Higgins Boys and Gruber, and television series including Mystery Science Theater 3000 and Grace Under Fire.
David and his partner Jim Jinkins would go on to create Doug after Jinkins showed Campbell doodlings of the character at a small restaurant in New York. The series received the 1993 and 1994 Parents’ Choice Awards and the 1995 Kids’ Choice Award. It was also nominated for three Cable ACE Awards, four Emmys as Best Animated Children’s Show and the prestigious Prix Jeunesse International Award. Following the success of Doug, Walt Disney Studios acquired Jumbo Pictures, and made Doug the anchor of ABC’s Saturday morning lineup. It became a top-rated show, and inspired various books, merchandise, a live musical stage show, and a theatrical feature.
He has been the Executive Producer on more than 300 episodes of award-winning children’s television including 101 Dalmatians: The Series, PB&J Otter, Stanley, JoJo's Circus, The Beginner’s Bible, Pinky Dinky Doo, and many more.
Currently, Campbell is the Chief Content Officer at Dance Network, a digital television network in Nashville, TN. He is also working on several new projects including the video series, HoopDogz, winner of the Parent’s Dove Awards and Holy Fire, a Broadway-bound musical comedy.
Campbell resides in Nashville, Tennessee with his wife and two daughters.
References
External links
Category:American Christians
Category:American television writers
Category:Nickelodeon people
Category:American theatre people
Category:Harding University alumni
Category:1954 births
Category:Living people
Category:Screenwriters from Arkansas
|
{
"pile_set_name": "Wikipedia (en)"
}
|
Our objectives are to promote excellence in biomedical research through development and maintainance of high quality animal resources. To meet these objectives we propose three major projects within the animal resources program: 1. Renovate animal surgery facilities to provide a suitable environment for recovery surgery and meet DHHS guidelines. 2. Improve satellite animal housing facilities to meet DHHS guidelines. (No funds are requested for this project.) 3. Improve the central animal facilities to provide better utilization of space and meet the needs of the research faculty by upgrading animal housing and procedural areas. These improvements will benefit animal research projects totalling approximately $22 million, and will add to the substantial improvements the College has already made to upgrade animal resources, which have cost more than $5 million over the last two years.
|
{
"pile_set_name": "NIH ExPorter"
}
|
Washington, DC — Standing before a sea of humanity — people of all ages and races, stretching out from the Lincoln Monument back as far as the Capitol building– a sea vaster than any demonstration in the history of the nation’s capital, the unkempt white-haired senator from Vermont, Bernie Sanders, a self-described independent socialist maverick who decided to take his oath of office on the steps where Martin Luther King once spoke, instead of the traditional spot at the Capitol building, called out to the American people to join him in “taking back our country from the smug, self-satisfied rich and the corporations that have been pretending to be persons!”
“We are engaged in a struggle to undo decades of government policies that were designed to benefit the one percent,” said the man who has upended centuries of two-party duopoly by winning the presidency in a landslide on the Green Party ticket in a sweep that handed control of both House and Senate to a Democratic Party that was at the same time relegated to a humiliating third place finish in the presidential race.
“The election is over,” President Sanders declared. “But the American people’s fight is just beginning! I call on all those who voted for my opponents, Hillary Clinton and Donald Trump, to join with the 75 million who elected me in taking back this country from the special interests, from the wealthy for whom nothing is ever enough, from the corporations that see themselves as global enterprises, not as part of the fabric of this nation and its society, and from those who would trample on the weak in order to raise themselves a notch above the rest.”
Sanders went on to announce a list of priority measures he intends to present to the new Congress on this, his first day in office, the first being a bill to establish a new Department of Peace, whose secretary, he said, would henceforth sit in on all discussions of foreign affairs in order to “insure that peaceful options for resolving differences will always be put on the table.” Other measures going to Congress on day one of Sanders‘ presidency, he said, would include:
* Establishment of a commission, headed up by his nominee for Secretary of Health and Welfare Jill Stein, charged with drawing up, over the next six months, a plan for replacing the costly and complex Affordable Care Act with an expanded and enhanced Medicare program that would cover all Americans, not just the elderly. The new president, a long-time advocate of a national single-payer health care system similar to Canada’s, said his plan would cost less than health care does now because it would do away with the need for Medicaid for the poor, with the need for employer-funded insurance plans and their huge premiums, and with the Veterans administration hospital system, since everyone would be receiving Medicare. He promised that such a system would allow the federal government to bargain for lower prices for all health care and medicines. “We are declaring that as of today, health care in America is a right of citizenship, and we are saying if every other developed country in the world can deliver affordable healthcare to all its citizens, then so can America!” said the new president to thunderous applause.
* Establishment of a $15/hr federal minimum wage, linked to the consumer price index, to become effective as soon as a bill reaches his desk, and a “card-check” measure giving unions the right to demand recognition by an employer after simply turning in to the National Labor Relations Board cards signed by a majority of workers, without having to go through a lengthy and endlessly delayed formal election process. Sanders said that bill would also make labor law violations by employers subject to triple damages, similar to insider trading violations, instead of simply requiring payment of back wages. Said Sanders, “A person who works full-time at a job should be able to earn enough to support a family. It’s that simple.” He added, “Companies should not be subsidizing their payroll costs by forcing their workers to rely on taxpayer-funded assistance programs like welfare and food stamps! No more!”
* Appointment of a commission to develop a plan not just to fully fund Social Security benefits through the next 75 years, but to expand benefits so that they replace 60% of income at retirement for those individuals earning less than $60,000 a year, and for couples earning less than $100,000 a year. “This would be in line with what European countries, do,” the new president declared, again to thunderous applause that rocked the capital.
* Calling for an end to reliance on carbon-based fuels, to combat the urgent threat of catastrophic climate change, President Sanders announced a bill to train and subsidize the employment of an army of well-drillers and home heating retro-fitters to install geo-thermal and heat-pump systems in existing and in all new homes and public buildings where geologically viable, and a program restoring federal tax subsidies for the installation of solar power panels and/or wind generators on residential homes, with a goal of quickly and substantially reducing the need for oil and gas for heating and cooling, and for centralized electric power generation. “For the sake of ourselves and for generations to come here and around the world, we can and we will massively reduce America’s carbon footprint, beginning today,” declared the new president.”There is no longer any time to wait or to debate about what to do about climate change.”
* A” jubilee” forgiveness of all undergraduate college debt borrowed and owed to the federal government up to and including the current spring term, and establishment of program to encourage all states, beginning next fall, to provide free tuition at state-owned and funded two- and four-year colleges to in-state students from families earning less than $150,000 a year. “The loan forgiveness program will be a trillion-dollar economic stimulus,” said Sanders, “freeing currently indebted graduates to buy homes, cars, and computers and to move forward with their careers, for young entrepreneurs to take out start-up loans, and freeing their parents from having to support them or help them repay those loans.” He said public colleges would have to “figure out how to change their model to operate in service to the young people” whose families’ taxes had built those state institutions, instead of continually jacking up tuition and fees. “Maybe they’ll have to lose a lot of management positions,” he said, “and cut senior management salaries down to what most faculty earn.” To encourage the change, he said the federal government would no longer provide subsidized loans for use at public colleges that didn’t meet the proposed free-tuition guidelines.
* On foreign policy, which had not been a major topic during the campaign, Sanders vowed to work towards more friendly relations with Russia and China and to get the US out of the “regime change” business. To help calm the waters in the Middle East, he also vowed to initiate “serious peace negotiations” between Israel and the Palestinians, aimed at early creation of a “viable Palestinian state.” The nation’s first Jewish president warned that the Israeli government would have to reverse the illegal settlements that have for years been encroaching on Palestinian territory on the West Bank and said the US would cease providing generous military assistance to Israel as long as the Israeli government refused to do so.
Thanking Merrick Garland, outgoing President Obama’s unsuccessful nominee for the late Antonin Scalia’s seat on the Supreme Court, for making the frustrating and unsuccessful effort to overcome Republican intransigence about approving any Obama nominee, Sanders announced that he would be nominating Susan Herman, current president of the American Civil Liberties Union, to that vacant seat on the High Court.
Sanders stunned pollsters, pundits and the nation’s political elite when, following Hillary Clinton’s nomination as the Democratic Party’s nominee at the party’s July convention, and following massive demonstrations in Philadelphia, Washington and other major cities across the country by millions of his supporters calling on him to run as an independent candidate for president, he accepted an offer by Green Party leader and presumptive Green nominee for president Dr. Jill Stein, to run as the party’s candidate in her stead. Sanders agreed to the offer, and chose as his vice-presidential running mate California Rep. Barbara Lee. Long a hero of anti-war Americans for her staunch opposition to the initial Congressional Authorization for Use of Military Force in 2001 that launched the War on Terror, her vote against the invasion of Iraq in 2003, and her opposition earlier to the Clinton administration’s bombing campaign against the Federal Republic of Yugoslavia, Lee, an African-American congresswoman, put peace and anti-militarism squarely at the center of the Sander’s campaign.
Sanders said at the time that the disclosure, by Wikileaks, of emails from the Democratic National Committee and the Clinton campaign showing that the party establishment had actively worked to subvert the primaries, combined with the structural unfairness of having some 800 unelected Super-delegates whose votes had been bought in advance by the Clinton campaign, convinced him that the primaries had been fatally corrupted and the nomination stolen from him, leaving him free to ignore his earlier promise to support Clinton if she became the nominee.
His ensuing and unprecedentedly successful third-party campaign, funded fully by public funds and small donations, electrified the country, drawing support from independent and even Republican Trump supporters — particularly white working-class Americans — as well as sparking huge turnouts among black and hispanic voters and normally hard-core Democratic voters, all drawn to the Sanders ticket by his promise to raise the minimum wage to $15, to revisit and either revise or cancel all trade treaties, to bust up the big banks and to end corporate control of Washington. The Green Party, already on the ballot in 26 states, was, by Election Day, able to have the Sanders ticket listed on the ballot in 46 states, allowing Sanders to win landslides in both the popular and the Electoral College vote.
Although he campaigned aggressively against both Trump and Clinton, candidate Sanders worked hard to back Democratic Congressional candidates, helping to achieve a number of upset victories, including in traditionally red states in the south and midwest. As a result, he enters the White House backed by solid majorities in both chambers of Congress and carrying a mandate for dramatic change not seen since Franklin Roosevelt’s big sweep in 1932.
While only two Green Party candidates for Congress won election in November (both in California), a number of successful candidates for House and Senate who are Democrats, including Sen. Elizabeth Warren (D-MA) Russ Feingold {D-WI), and Rep. Keith Ellison (D-MN), announced after Election Day that they were switching their party affiliations to Green, though all said they would continue caucusing with Democrats in the new Congress for purposes of committee assignments and strategy on promoting the Sanders agenda.
Sanders, acknowledging in his address that he anticipated push-back from hard-core conservatives and Trump Republicans in Congress, particularly on his appointments to the federal courts and to cabinet posts and regulatory agencies (Republicans still have enough votes to conduct filibusters and place holds on nominations), told the inaugural throng on the National Mall, which spilled out onto side streets, requiring the installation of makeshift speaker systems on lampposts, “I want you all to be prepared to come back here and make yourselves very familiar to the members of this new Congress whenever we run into roadblocks. This mall — and the halls of Congress — are your property! They are here so you can be here whenever you feel you need to be, and I promise you will be able to stay put, with tents and with the necessary amenities and without any opposition from park police, whenever you feel it necessary!”
After the cheering and applause had finally subsided, Sanders added, “…or when I put out a call for help down here!” That kicked off a sustained cheering that morphed into a chant of “Revolution! Revolution!”
It was not your normal inaugural address to be sure!
Sanders ended his speech with a bow to the inaugural address of a former upstart President, John F. Kennedy.
“Ask not what this country can do for you,” he said. “Ask what you, the American people, working together and for the good of all, can do for yourselves and for this great nation.”
AUTHOR’S NOTE:While this article is a fantasy, there are several parts that are rooted in reality, including these two facts: Green Party presidential candidate Jill Stein did offer to surrender her spot at the head of the Green ticket to Sanders if he wanted it, and those polls that continued to include Sanders in them during the general election campaign consistently showed him trouncing Trump right through Election Day. It could have happened had Sanders chosen to run as a Green.
|
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Q:
WPF - Dynamically add button next to textbox
I am creating Label, Textbox and a button dynamically. I need Button to appear in the same line as textbox to its right.
This is the code i am using:
Label lbl = new Label()
{
Content = "Some Label",
HorizontalAlignment = HorizontalAlignment.Left,
VerticalAlignment = VerticalAlignment.Top,
HorizontalContentAlignment = HorizontalAlignment.Center,
VerticalContentAlignment = VerticalAlignment.Center,
Height = 28,
};
TextBox tb = new TextBox()
{
Text = "Some Text",
IsReadOnly = true,
};
Button btn = new Button()
{
Content = "Click Me",
HorizontalAlignment = HorizontalAlignment.Left
Margin = new Thickness(tb.ActualWidth),
};
I am assigning Button Margin to the Right of TextBox but it still appears in the next line under the textbox.
What am i doing wrong here?
A:
You can use StackPanel to solve your problem:
StackPanel spMain = new StackPanel() { Orientation = Orientation.Vertical };
Label lbl = new Label()
{
Content = "Some Label",
HorizontalAlignment = HorizontalAlignment.Left,
VerticalAlignment = VerticalAlignment.Top,
HorizontalContentAlignment = HorizontalAlignment.Center,
VerticalContentAlignment = VerticalAlignment.Center,
Height = 28,
};
StackPanel spInner = new StackPanel() { Orientation = Orientation.Horizontal };
TextBox tb = new TextBox()
{
Text = "Some Text",
IsReadOnly = true,
};
Button btn = new Button()
{
Content = "Click Me",
HorizontalAlignment = HorizontalAlignment.Left,
Margin = new Thickness(tb.ActualWidth),
};
spInner.Children.Add(tb);
spInner.Children.Add(btn);
spMain.Children.Add(lbl);
spMain.Children.Add(spInner);
You can check following link for more information:
http://msdn.microsoft.com/en-us/library/system.windows.controls.stackpanel.orientation.aspx
|
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Department of Physics and Astronomy, School of Arts and Sciences, New Brunswick; Rutgers
Areas of Interest: Heavy Atomic Nuclei, Unstable Nuclei, Applications of Nuclear Physics to Energy and National Security, Graduate Education in Science and Engineering. Department of Physics and Astronomy
|
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The following Patent Literature 1 discloses that the above-mentioned lens plate for an illumination lamp forms a Fresnel lens for condensing light on a surface to which light enters from the light source. Patent Literature 2 discloses a Fresnel lens for an illumination lamp wherein a fine pattern of a Fresnel lens is transformed by heat-pressing a transparent soft silicone rubber sheet with a master mold.
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February 23, 2011
There's little downside since you haven't made a deep connection. You've barely made a connection at all. Yet you can easily set yourself apart with this free sample of your thinking.
Unrequested feedback isn't the same as making your views public to stand out, which deals with publishing. Here the receiver knows who you are, whether you share your views live in person, or later by email or phone. This feedback isn't the same as showing gratitude, though there is a selfless component here too.
Three Examples
Here's what I did at an entrepreneur event yesterday
told the speaker she said "um" often (she caught herself using that same crutch word a few minutes later)
told a person that university-level words made her 60 second group introduction hard to follow and less compelling (she plans to speak more vividly and simply)
told a person that his self-printed business card looked cheap (he explained that proper cards were being printed)
Your feedback will attract or repel. That's fine. That's ideal. That's bound to happen over time. Now's the best and cheapest time to find out. I didn't get slapped or belted once.
Waste
People give plenty of feedback but rarely to the person who could directly benefit. Telling your friends about slow service robs the restaurant an opportunity to improve.
Win
Those who appreciate your help will remember, like you more and perhaps mention you to others. They might be inspired to help others.
When you're more attentive to others, you'll be more alert to your own foibles. That helps you improve.
Lose
When you give feedback, you might cause offense. Learning how to give feedback reduces the risk but not completely. Toastmasters is a safe place to practice.
Those who feel offended may resist your input, a sign of a fixed mindset. They're tough to help. Wouldn't you rather know that now?
Volunteers in nonprofits have good intentions. Yet they sometimes complicate their lives by using old proprietary tools. The business world ...
About
We're all in marketing and need help to improve. Since 2007, Promod Sharma ("pro-MODE"), actuary to the wealthy, has shared what he's learned here.
Promod doesn't sell any marketing-related services. He's spent his entire career in the universe of life & health insurance. Through Taxevity, he assesses and addresses neglected insurance needs in Toronto, Ontario.
|
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|
Q:
How can a book get a Kirkus Star, yet have no sales?
How can a 3-year-old book receive a positive rating from Kirkus, and even earn a Kirkus Star, yet still have almost no sales? I have a book coming out in a few months, and I thought if I had a positive Kirkus review, I would just promote it, and put everything on rise control from there.
The book to which I'm referring is called "Juggle and Hide." It's sales rank is over a million! Anything under 10,000 is considered good. This doesn't make sense to me. Even when you type the name of the book into Amazon's search field, you can type "Juggle and Hid" (without the "e" to complete the word, and it STILL doesn't autopopulate that single last letter. Even with the best reviews, it's as if the book doesn't exist! Can someone please explain this to me?
A:
A good review means the reviewer liked it. It does not mean anybody else did. Something can be intensely liked by a small group of people and ignored by everyone else. It can be a very fine example of a kind of literature that appeals to very few people. The my-childhood-was-wacky-because-my-parents-were-awful genre is probably one of those.
And three years is a long time. Everyone who was ever going to buy a copy may already have one by now.
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"created_at": "2015-02-27T22:27:51.555394",
"description": "Simple 1-room web chat",
"fork": false,
"full_name": "rick446/Chatterbox",
"language": "Python",
"updated_at": "2015-02-27T23:41:55.318953"
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OK, if the price differences between Canadian and American machines are any indication, I think that I'm most likely going to see this machine selling for around $2800-$3000 in Canada, which wouldn't really surprise me. This machine is going to make both the R58 and Duetto look like antiques in comparison. Will it make a better cup? Who knows.
I can understand the reluctance to buy a sophisticated machine with electronics in it, but I'm sure that La Spaziale has done their QA and isolated those electronics from heat (And possibly moisture?) which those double boilers produce. Their engineering is a bit ahead of that of other espresso machine companies IMHO. (For example, using their own PID control instead of a generic one.) I can understand some of their reasoning behind using a 53 mm portafilter, eventhough the industry standard is 58 mm, but it makes me wonder.. I can't tell but I'm going to make an assumption that this new machine uses a 53 mm portafilter as well?
I think that it is amazing that La Spaziale is listening to the Coffee Geek crowd and catering to them, which IMHO is a downright amazing thing. I can't think of any other manufacturer of equipment which does that.
I think it is nice that they've listened and addressed the shortcoming with the external timer. I wonder if this machine will have pre-infusion capabilities and if it is plumbed in only? (It looks like it is.)
I have to admit, depending on the price and the feature set, even though this machine may be overkill for someone like me, it would keep my upgradeitis cured for a very long time. The only reason why I don't own a Vivaldi right now is because it won't fit next to my sink, it's two inches too wide. This new machine looks to be the same width as the Vivaldi. Maybe I'll just have to suck it up, bite the bullet and put it on the other side of my sink!
Garbage In, Garbage Out, for every step of the process. From Beans to grinder, grounds to machine, coffee to cup.
Bud, I wouldn't be so sure that something like "using their own PID" is that good an idea. Do they have the chip designers, foundries and engineers to make a better PID than companies like Omega or Watlow? Doubtful. And a proprietary PID is just one more thing that, 8 or 9 years down the line, when they've changed chip architectures, will be impossible to source.
Think about all the products out there today that were touted as "future-proof" because they could have new EPROMs swapped in for code changes. Now go source a 1-megabit EEPROM. I dare ya! Or devices that used TI fixed point DSP, or any of the thousands of "latest thing" chips that were supposed to be the be-all and end-all of convenience and ensure that you'd always be able to update and improve your existing device.
I've also seen devices die because somebody lost the source code, or the hardware cross-compiler necessary to optimize the p-code to final run state for production went down and the manufacture had gone under so there was no support or parts. I've been at companies where both those things have happened.
For something like a high-end espresso machine that's supposed to last you a decade or more? Open source hardware and software is really the only way to have any hope that it'll be more than just a passing fancy if you're going to insist on these types of glitzy digital bells and whistles.
I look at the completely mechanical Faema and Gaggia machines from the 50s and 60s that are still running today, and I wonder if that Vivaldi will still be working 50 years from now, or be rusting in a landfill. My money's on the latter.
I guess I should have elaborated on that point. I agree with you that going with more generic components is probably better in the long run because it would make the machine more serviceable, but the fact that they have the capability of engineering their own PID says something about the capabilities of their engineering department, which is pretty much far beyond what I've seen with other makes. Is that a good thing? Maybe. Maybe not. Of course,that is up for debate.. USB on a machine like that certainly is something really out of the ordinary. It makes me wonder what else they've done which nobody else has.
GVDub Said:
Do they have the chip designers, foundries and engineers to make a better PID than companies like Omega or Watlow?
I suppose this is up for debate. Perhaps they actually sourced the PID from Omega or Watlow using their own engineering specifications? Automotive companies do this all the time. As an example, there is a company in the USAwhich engineers latching systems. That's all they do. GM goes to them and says, "We need you to design a latching system for our Minivans." .. and they do it. Sometimes it isn't the best solution, but it's better when many smallercompanies work together with a larger company to develop a product.
GVDub Said:
And a proprietary PID is just one more thing that, 8 or 9 years down the line, when they've changed chip architectures, will be impossible to source.
I agree with this. Absolutely. I'll admit that it is a downside.. but I'm sure that parts for these machines would be available for a few years past that.. and if I got 10-15 years out of a $3000 machine, I'd say I would have gotten my moneys worth. Considering that people buy a $40,000 car and rarely keep them for more than 10 years..... Maybe that's not a fair comparison....
GVDub Said:
For something like a high-end espresso machine that's supposed to last you a decade or more?
I guess it makes me wonder... what kinds of people would buy this machine and would they really keep it for a decade or more anyway? Consider how many people have "upgraded" from a perfectly decent HX machine to a DB machine... then eventually ditched that to get one of those legendary LM GS/3's on their kitchen counter... :)
One of the things which has caused the longevity of the PC platform was the fact that PC's always used "Off the shelf" parts which could be sourced from multiple suppliers. As a result of this, you could quite literally build an IBM PC/XT/AT from scratch because the full schematics were available to the public. Will La Spaziale do the same thing? I kind of doubt it, at least IMHO. Perhaps they will keep this design on the market for a very long time. In which case, I'm sure there will be plenty of "Parts" machines on the market for a very long time afterwards.
This is how a friend of mine keeps driving his beat up rusty 1986 Dodge Aries.. There's thousands of these things in junkyards still. :-)
GVDub Said:
is really the only way to have any hope that it'll be more than just a passing fancy
One thing that kind of shocked me about the audiophile world was that I was told that the average audiophile keeps their equipment for no more than three years. Can you imagine blowing $10k on an amplifier, only to sell it and buy something else just three years later? I've seen it happen all the time. There are lots of audiophiles who get hand-me-down equipment all the time for fire sale prices.
I think that the Coffee Geek world suffers from this as well, but not to the degree that they do in the audiophile world. I'll use the Rancilio Silvia as an example. Some people buy them, keep them for six monthsand then quickly move on to something else. Other people buy them and keep them in daily operation for 20 years. It's a strange mix of people. :-)
So, I keep wondering what kind of "upgradeitis" would strike the coffee geek who buys one of these machines. I find it strange sometimes how someone will have an LM GS/3, yet they have this beat up old Cremina from the early 70's sitting next to it. I understand the rationale behind it, but I guess it's kind of like seeing someone with a Hyundai parked next to a Ferrari.. both have very different driving experiences.(I'm going to apologize if I offended anyone who owns a Cremina, I'm just using that as a rather ignorant example.)
GVDub Said:
I look at the completely mechanical Faema and Gaggia machines from the 50s and 60s that are still running today, and I wonder if that Vivaldi will still be working 50 years from now, or be rusting in a landfill.
I've read the USB is for uploading the firmware (not for temp datalogging download as I had stupidly guessed earlier). A nice feature to have none-the-less since the old Vivaldi required you to strip out the old control board and mail it back to CCS for a upgade. This avoids all that. Also, this allows them to realease the machine with the software still in semi-Beta and fix the inevitable bugs later.
qualin Said:
I think it is nice that they've listened and addressed the shortcoming with the external timer. I wonder if this machine will have pre-infusion capabilities and if it is plumbed in only? (It looks like it is.)
Are you kidding? The old timer was $200 and couldn't even keep time accurately! What a joke. They had better fix it.
Yes, the machine has programmable pre-infusion. The old S1V2 had it as well after the last software upgrade so this is nothing new. I assume the difference here is it will be more easily accessible from the LCD panel now.
Keep in mind, beyond the cosmetic and "brain" changes, I expect the internals are the same (i.e same 53mm grouphead and boiler, same steam boiler, etc). So the I expect it will perform exactly the same as before where it really matters....in the cup.
qualin Said:
I find it strange sometimes how someone will have an LM GS/3, yet they have this beat up old Cremina from the early 70's sitting next to it. I understand the rationale behind it, but I guess it's kind of like seeing someone with a Hyundai parked next to a Ferrari.. both have very different driving experiences.(I'm going to apologize if I offended anyone who owns a Cremina, I'm just using that as a rather ignorant example.)
I have both Vivaldi and Cremina. But I think of it in the opposite way. I drive a Hyundai Genesis GT every day but have a beatup vintage Ferrari 250 GTO next to it for weekend enjoyment. In my opinion, the owning both a Vivaldi and Cremina is the best of both worlds (old and new). A perfect compliment to one another if you wish to own 2 machines.
Nothing special there. That's pretty much standard accuracy for most PIDs on the market (.5°C or .9°F), though most of the time it's a little more accurate. They allow for a fudge factor for standard deviations in tolerances.
I've read the USB is for uploading the firmware (not for temp datalogging download as I had stupidly guessed earlier). A nice feature to have none-the-less since the old Vivaldi required you to strip out the old control board and mail it back to CCS for a upgade. This avoids all that. Also, this allows them to realease the machine with the software still in semi-Beta and fix the inevitable bugs later.
"Shipping beta" is a wonderful way to lose customers and destroy your reputation. I can think of several products in the musical instrument world that did just that for the companies that made them. I even know of a couple products that had major bugs in them for their entire life because the engineering attitude was always, "we can fix that with a "dot" release" and then they weren't allowed to issue that release because some bean counter in the front office decided there wasn't sufficient ROI involved to allocate the engineering resources.
Lest anybody get the wrong idea, I'm not anti-"Dream Machine". As a matter of fact, had I the room, a Vivaldi would be on the short list of machines I'd really like to have. But if the added complexity doesn't bring anything to the cup, it's pretty much for show, and to drag a few extra dollars out of the "Ooooh, shiny!" crowd. I don't see the ROI for me in this machine. IMHO, YMMV, IANAL, CYA, and all that.
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Forum Rules:No profanity, illegal acts or personal attacks will be tolerated in these discussion boards.No commercial posting of any nature will be tolerated; only private sales by private individuals, in the "Buy and Sell" forum.No SEO style postings will be tolerated. SEO related posts will result in immediate ban from CoffeeGeek.No cross posting allowed - do not post your topic to more than one forum, nor repost a topic to the same forum.Who Can Read The Forum? Anyone can read posts in these discussion boards.Who Can Post New Topics? Any registered CoffeeGeek member can post new topics.Who Can Post Replies? Any registered CoffeeGeek member can post replies.Can Photos be posted? Anyone can post photos in their new topics or replies.Who can change or delete posts? Any CoffeeGeek member can edit their own posts. Only moderators can delete posts.Probationary Period: If you are a new signup for CoffeeGeek, you cannot promote, endorse, criticise or otherwise post an unsolicited endorsement for any company, product or service in your first five postings.
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A video uploaded to YouTube shows an Israel Defense Forces soldier wriggling in a belly dance beside a bound and handcuffed Palestinian woman, to the cheers of his comrades who were documenting the incident.
The IDF's internal investigation department ordered an immediate probe into the matter after the Ch. 10 television program Tzinor Laila caught wind of the clip on the internet. The full clip and the details behind the incident will be broadcast on the show just before midnight on Monday.
A number of IDF soldiers have over the last year faced investigation and penalty for documenting themselves performing questionable acts in front of Palestinian prisoners or while on patrol.
In August, former soldier Eden Abergil raised controversy by posting pictures of herself beside a bound and blindfolded Palestinian prisoner on her Facebook page.
Days later, three IDF soldiers were arrested taking photographs of themselves alongside cuffed and blindfolded Palestinian detainees using their cellphones.
Photographs uploaded by Abergil and labeled "IDF – the best time of my life," depicted her smiling next to Palestinian prisoners with their hands bound and their eyes covered.
A comment attached to one of the photos of the soldier smiling in front of two blindfold men and posted by one of Abergil's friends read "That looks really sexy for you," with Abergil's response reading: "I wonder if he is on Facebook too – I'll have to tag him in the photo."
A comment allegedly added by Abergil to her Facebook page later that wee said that she would "gladly kill Arabs – even slaughter them."
"In war there are no rules," Abergil allegedly wrote on the wall of her profile page.
Other soldiers faced disciplinary action over the last year for uploading video of themselves stopping a patrol in the West Bank to dance to American electro-pop singer Kesha's hit Tick Tock.
The video "Batallion 50 Rock the Hebron Casbah" shows six dancing Nahal Brigade soldiers, armed and wearing bulletproof vests, patrolling as a Muslim call to prayer is heard. Then the music changes and they break into a Macarena-like dance.
The video was uploaded over the weekend, and quickly spread across Facebook pages and blogs before it was removed by those who uploaded it.
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---
author:
- |
[**Cristian S. Calude**]{}$^{1}$, [**Elena Calude**]{}$^{2}$, [**Solomon Marcus**]{}$^{3}$\
$^{1}$University of Auckland, New Zealand\
[cristian@cs.auckland.ac.nz]{}\
$^{2}$Massey University at Albany, New Zealand\
[e.calude@massey.ac.nz]{}\
$^{3}$Romanian Academy, Mathematics, Bucharest, Romania\
[Solomon.Marcus@imar.ro]{}
title: '**Passages of Proof**'
---
To Prove or Not to Prove–That Is the Question!
==============================================
\
\
\
\
In this paper we propose a new perspective on the evolution and history of the idea of mathematical proof. Proofs will be studied at three levels: syntactical, semantical and pragmatical. Computer-assisted proofs will be give a special attention. Finally, in a highly speculative part, we will anticipate the evolution of proofs under the assumption that the quantum computer will materialize. We will argue that there is little ‘intrinsic’ difference between traditional and ‘unconventional’ types of proofs.
Mathematical Proofs: An Evolution in Eight Stages
=================================================
[*Reason*]{} and [*experiment*]{} are two ways to acquire knowledge. For a long time mathematical proofs required only reason; this might be no longer true. We can distinguish eight periods in the evolution of the idea of mathematical proof. The first period was that of pre–Greek mathematics, for instance the Babylonian one, dominated by observation, intuition and experience.
The second period was started by Greeks such as Pythagoras and is characterized by the discovery of deductive mathematics, based on theorems. Pythagoras proved his theorem, but the respective statement was discovered much earlier. Deductive mathematics saw a culminating moment in Euclid’s geometry. The importance of abstract reasoning to ancient Greeks can be illustrated by citing Aristophanes’s comedy [*The Birds*]{} which includes a cameo appearance of Meton, the astronomer, who claims that he had squared the circle. Knuth [@knuth] rhetorically asked: “Where else on earth would a playwright think of including such a scene?" Examples would have been difficult to produce in 1985, but today the situation has changed. Take for example, the movie [*Pi*]{} written and directed by Darren Aronofsky Starring Sean Gullette or Auburn’s play [*Proof*]{} [@auburn] originally produced by the Manhattan Theatre Club on 23rd May 2000.
In a more careful description, we observe that deductive mathematics starts with Thales and Pythagoras, while the axiomatic approach begins with Eudoxus and especially with Aristotle, who shows that a demonstrative science should be based on some non–provable principles, some common to all sciences, others specific to some of them. Aristotle also used the expression “common notions" for axioms (one of them being the famous principle of non–contradiction). Deductive thinking and axiomatic thinking are combined in Euclid’s [*Elements*]{} (who uses, like Aristotle, “common notions" for “axioms"). The great novelty brought by Euclid is the fact that, for the first time, mathematical proofs (and, through them, science in general) are built on a long distance perspective, in a step by step procedure, where you have to look permanently to previous steps and to fix your aim far away to the hypothetical subsequent steps. Euclid became, for about two thousands years, a term of reference for the axiomatic–deductive thinking, being considered the highest standard of rigour. Archimedes, in his treatise on static equilibrium, the physicists of the Middle Age (such as Jordanus de Nemore, in [*Liber de ratione ponderis*]{}, in the 13th century), B. Spinoza in [*Ethics*]{} (1677) and I. Newton in [*Principia*]{} (1687) follow Euclid’s pattern. This tradition is continued in many more recent works, not only in the field of mathematics, but also in physics, computer science, biology, linguistics, etc.
However, some shortcomings of Euclid’s approach were obstacles for the development of mathematical rigour. One of them was the fact that, until Galilei, the mathematical language was essentially the ordinary language, dominated by imprecision resulting from its predominantly spontaneous use, where emotional factors and lack of care have an impact. In order to diminish this imprecision and make the mathematical language capable to face the increasing need of precision and rigour, the ordinary language had to be supplemented by an artificial component of symbols, formulas and equations: with Galilei, Descartes, Newton and Leibniz, the mathematical language became more and more a mixed language, characterized by a balance between its natural and artificial components. In this way, it was possible to pack in a convenient, heuristic way, previous concepts and results, and to refer to them in the subsequent development of mathematical inferences. To give only one example, one can imagine how difficult was to express the $n$th power of a binomial expression in the absence of a symbolic representation, i.e., using only words of the ordinary language. This was the third step in the development of mathematical proofs.
The fourth step is associated with the so–called epsilon rigour, so important in mathematical analysis; it occurred in the 19th century and it is associated with names such as A. Cauchy and K. Weierstrass. So, it became possible to renounce the predominantly intuitive approach via the infinitely small quantities of various orders, under the form of functions converging in the limit to zero (not to be confused with the Leibnizian infinitely small, elucidated in the second half of the 20th century, by A. Robinson’s non–standard analysis). The epsilon rigour brought by the fourth step created the possibility to cope in a more accurate manner with processes with infinitely many steps such as limit, continuity, differentiability and integrability.
The fifth period begun with the end of the 19th century, when Aristotle’s logic, underlining mathematical proofs for two thousands years, entered a crisis with the challenge of the principle of non–contradiction. This crisis was already announced by the discovery of non–Euclidean geometries, in the middle of the 19th century. Various therapies were proposed to free the mathematical proof of the dangerous effects of paradoxes (Russell–Whitehead, Hilbert, Brouwer, etc). This period covers the first three decades of the 20th century and is dominated by the optimistic view stating the possibility to arrange the whole mathematics as a formal system and to decide for any possible statement whether it is true or false. However, even during this period mathematicians were divided with respect to the acceptance of non–effective (non–constructive) entities and proofs (for example, Brouwer’s intuitionism rejects the principle of excluded middle in the case of infinite sets). Intuitionism was a signal for the further development of constructive mathematics, culminating with the algorithmic approach leading to computer science.
The sixth period begins with Gödel’s incompleteness theorem (1931), for many meaning the unavoidable failure of any attempt to formalise the whole of mathematics. Aristotle’s requirement of complete lack of contradiction can be satisfied only by paying the price of incompleteness of the working formal system. Chaitin (1975) has continued this trend of results by proving that from $N$ bits of axioms one cannot prove that a program is the smallest possible if it is more than $N$ bits long; he suggested that complexity is a source of incompleteness because a formal system can capture only a tiny amount of the huge information contained in the world of mathematical truth. This principle has been proved in Calude and J" urgensen [@cj]. Hence, incompleteness is natural and inevitable rather then mysterious and esoteric. This raises the natural question (see Chaitin [@ch02]): [*How come that in spite of incompleteness, mathematicians are making so much progress?*]{}
The seventh period belongs to the second half of the 20th century, when algorithmic proofs become acceptable only when their complexities were not too high. Constructiveness is no longer enough, a reasonable high complexity (cost) is mandatory. We are now living in this period. An important event of this period was the 1976 proof of the Four–Colour Problem (4CP): it marked the reconciliation of empirical–experimental mathematics with deductive mathematics, realized by the use of computer programs as pieces of a mathematical proof. Computer refers to classical von Neumann computer. At the horizon we can see the (now hypothetical) quantum computer which may modify radically the relation between empirical–experimental mathematics and deductive mathematics …
With the eighth stage, proofs are no longer exclusively based on logic and deduction, but also empirical and experimental. On the other hand, in the light of the important changes brought by authors like Hilbert, already at the beginning of the 20th century, primitive terms became to have an explicit status, axioms show their dependence on physical factors and the axiomatic–deductive method displays its ludic dimension, being a play with abstract symbols. Hilbert axiomatization of geometry is essentially different from Euclid’s geometry and this fact is well pointed out by Dijkstra in [@dijkstra] where he considers that, by directing their attention towards provability, formalists circumvented the vague metaphysical notion of “truth". Dijkstra qualifies as “philosophical pollution" the mentality which pushed Gauss not to publish his ideas related to non–Euclidean geometry. Contrary to appearances, believes Dijkstra, Euclidean geometry is not a prototype of a deductive system, because it is based to a large extent on pictures (so–called definitions of points and lines, for instance) motivated by the need of geometric intuition. For Dijkstra, the claim that the Euclidean geometry is a model of deductive thinking, is a big lie. As a matter of fact, the shortcomings to which Dijkstra refers were well-known, as can be seen in Morris Kline’s book [@kline], pp. 86–88. In contemporary mathematics we are facing a change of perspective, a change of scenario, replacing the old itinerary definition–theorem–proof by another one (see, for instance, W. Thurston), based on ideas, examples and motivations. The interesting fact is that the gap created between proof and intuition by Hilbert prepared the way for a new marriage between deduction and experiment, made possible by the computational revolution, as it was shown by the latest step in the evolution of proofs.
Proofs, Theorems and Truths
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What is a mathematical proof? At a first glance the answer seems obvious: a proof is a series of logical steps based on some axioms and deduction rules which reaches a desired conclusion. Every step in a proof can be checked for correctness by examining it to ensure that it is logically sound. In David Hilbert’s words: “The rules should be so clear, that if somebody gives you what they claim is a proof, there is a mechanical procedure that will check whether the proof is correct or not, whether it obeys the rules or not." By making sure that every step is correct, one can tell once and for all whether a theorem has been proved. Simple! A moment of reflection shows that the problem may not be so simple. For example, what if the “agent" (human or computer) checking a proof for correctness makes a mistake (agents are fallible)? Obviously, another agent has to check that the agent doing the checking did not make any mistakes. Some other agent will need to check that agent, and so on. Eventually one runs out of agents who could check the proof and, in principle, they could all have made a mistake!
The mistake is the neighbour and the brother of proof, it is both an opponent and a stimulus. An interesting analysis, responding to Joseph L. Doob’s challenge, of various possible mistakes in the proof of the 4CT can be found in the work of Schmidt [@schmidt]. In 1976, Kenneth Appel and Wolfgang Haken proved the 4CT. They used some of Alfred Kempe’s ideas, but avoided his mistake.[^1] They showed that if there is a map which needs five colours, then a contradiction follows. If there are several five–colour maps, they have chosen one with the smallest number of countries and proved that this map must contain one of 1,936 possible configurations; they also proved that every one of these possible configurations can be reduced into a smaller configuration which also needs five colours. This is a contradiction because we assumed that we already started with the smallest five–colour map. The reduction step, i.e., the step in which one shows that the 1,936 configurations could be reduced was actually done by brute force computer search through every configuration. No human being could ever actually read the entire proof to check its correctness. For Ron Graham, “The real question is this: If no human being can ever hope to check a proof, is it really a proof?"
In 1996 Robertson, Sanders, Seymour and Thomas [@rsst] offered a simpler proof involving only 633 configurations. The paper [@rsst] concludes with the following interesting comment (p. 24): “We should mention that both our programs use only integer arithmetic, and so we need not be concerned with round–off errors and similar dangers of floating point arithmetic. However, an argument can be made that our “proof“ is not a proof in the traditional sense, because it contains steps that can never be verified by humans. In particular, we have not proved the correctness of the compiler we compiled our programs on, nor have we proved the infallibility of the hardware we ran our programs on. These have to be taken on faith, and are conceivably a source of error. However, from a practical point of view, the chance of a computer error that appears consistently in exactly the same way on all runs of our programs on all the compilers under all the operating systems that our programs run on is infinitesimally small compared to the chance of a human error during the same amount of case–checking. Apart from this hypothetical possibility of a computer consistently giving an incorrect answer, the rest of our proof can be verified in the same way as traditional mathematical proofs. We concede, however, that [*verifying a computer program is much more difficult than checking a mathematical proof of the same length*]{}.”[^2]
According to Vladimir Arnold, “Proofs are to mathematics what spelling (or even calligraphy) is to poetry. Mathematical works do consist of proofs, just as poems do consist of characters." These analogies point out both the necessity and the insufficiency of proofs in the development of mathematics. Indeed, spelling is the way poetry takes expression, but it is equally the tool used by the common everyday language, in most cases devoid of any poetic effect. What should be added to spelling in order to get a piece of poetry remains a mystery. A poem consists of characters, but it is much more than a meaningful concatenation of characters.
Mathematics cannot be conceived in the absence of proofs. According to Foiaş [@foias], “the theorem is the brick of mathematics". Obviously, “proof" and “theorem" go together; the object of a proof is to reach a theorem, while theorems are validated by proofs. Theorems are, for the construction of mathematics, what bricks are for the construction of a building. A building is an articulation of bricks and, analogically, a mathematical work is an articulation of theorems. Motivated by a similar view, Jean Dieudonné [@dieu] defines a mathematician as a person who has proved at least one theorem. In contrast, Arnold’s analogies point out the fact that mathematics is much more than a chain of theorems and proofs, so implicitly a mathematician should be much more than the author of a theorem. Probably the best example is offered by Bernhard Riemann whose lasting fame does not come (in the first instance) from his theorems or proofs, but from his conjectures, definitions, concepts and examples (see for example, the discussion in Hersh [@hersh], pp. 50–51). Srinivasa Ramanujan is another famous example of a mathematician who produced more results than proofs. What the mathematical community seems to value most are “ideas". “The most respected mathematicians are those with strong ‘intuition’ " (Harris [@harris], p. 19).
Mathematical Proofs: The Syntactic Dimension
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Of course, the first thing to be discussed is Gödel’s incompleteness theorem (GIT) which says that [*every formal system which is (1) finitely specified, (2) rich enough to include the arithmetic, and (3) consistent, is incomplete.*]{} That is, there exists an arithmetical statement which (A) can be expressed in the formal system, (B) is true, but (C) is unprovable within the formal system. All conditions are necessary. Condition (1) says that there is an algorithm listing all axioms and inference rules (which could be infinite). Taking as axioms all true arithmetical statements will not do, as this set is not finitely listable. But what does it mean to be a “true arithmetical statement"? It is a statement about non-negative integers which cannot be invalidated by finding any combination of non-negative integers that contradicts it. In Alain Connes terminology (see [@cls], p. 6), a true arithmetical statement is a “primordial mathematical reality". Condition (2) says that the formal system has all the symbols and axioms used in arithmetic, the symbols for $0$ (zero), $S$ (successor), $+$ (plus), $\times$ (times), $=$ (equality) and the axioms making them work (as for example, $x +S(y) = S(x+y)$). Condition (2) cannot be satisfied if you do not have individual terms for $0, 1, 2, \dots $; for example, Tarski proved that Euclidean geometry, which refers to points, circles and lines, is complete. Finally (3) means that the formal system is free of contradictions. The essence of GIT is to distinguish between truth and provability. A closer real life analogy is the distinction between truths and judicial decisions, between what is true and what can be proved in court.[^3] How large is the set of true and unprovable statements? If we fix a formal system satisfying all three conditions in GIT, then the set of true and unprovable statements is topologically “large" (constructively, a set of second Baire category, and in some cases even “larger"), cf. Calude, J" urgensen, Zimand [@cjz]; because theorems proven in such a system have bounded complexity, the probability that an $n$-bit statement is provable tends to zero when $n$ tends to infinity (see Calude and J" urgensen [@cj]).
There is a variety of reactions in interpreting GIT, ranging from pessimism to optimism or simple dismissal (as irrelevant for the practice of mathematics). For pessimists, this result can be interpreted as the final, definite failure of any attempt to formalise the whole of mathematics. For example, Hermann Weyl acknowledged that GIT has exercised a “constant drain on the enthusiasm" with which he has engaged himself in mathematics and for Stanley Jaki, GIT is a fundamental barrier in understanding the Universe. In contrast, scientists like Freeman Dyson acknowledge the limit placed by GIT on our ability to discover the truth in mathematics, but interpret this in an optimistic way, as a guarantee that mathematics will go on forever (see Barrow [@barrow], pp. 218–221).
In modern times a penetrating insight into the incompleteness phenomenon has been obtained by an information–theoretic analysis pioneered by Chaitin in [@ch75]. Striking results have been obtained by studying the Chaitin’s Omega Number, $\Omega$, the halting probability of a self-delimiting universal Turing machine. This number is not only uncomputable, but also (algorithmically) random. Chaitin has proven the following important theorem: [*If $ZFC$ (Zermelo set theory with the Axiom of Choice) is arithmetically sound, that is, any theorem of arithmetic proved by $ZFC$ is *true*, then, $ZFC$ can determine the value of only finitely many bits of $\Omega$, and one can give a bound on the number of bits of $\Omega$ which $ZFC$ can determine.*]{} Robert Solovay [@solovay2k] (see more in [@cc; @crisomega; @cris; @cris2002]) has constructed [*a self-delimiting universal Turing machine such that $ZFC$, if arithmetically sound, cannot determine any single bit of its halting probability*]{} ($\Omega$). Re–phrased, the most powerful formal axiomatic system is powerless when dealing with the questions of the form “is the $m$th bit of $\Omega$ 0?" or “is the $m$th bit of $\Omega$ 1?".
Chaitin has constructed an exponential Diophantine equation $F(t; x_1, \ldots ,x_n)=0$ with the following property: the infinite binary sequence whose $m$th term is 0 or 1 depending whether the equation $F(m; x_1, \ldots ,x_n)=0$ has finitely or infinitely many solutions is exactly the digits of $\Omega$, hence it is random; its infinite amount of information is algorithmically incompressible. The importance of exponential Diophantine equations comes from the fact that most problems in mathematics can be formulated in terms of these type of equations; Riemann’s Conjecture is one such example. Manin [@manin1], p. 158, noticed that “The epistemologically important point is the discovery that randomness can be defined without any recourse to physical reality … in such a way that the necessity to make an infinite search to solve a parametric series of problems leads to the technically random answers. Some people find it difficult to imagine that a rigidly determined discipline like elementary arithmetic may produce such phenomena".
Last but not least, is the truth achieved through a formal proof the ultimate expression of knowledge? Many (mathematicians) will give a positive answer, but perhaps not all. For the 13th century Oxford philosopher Roger Bacon, “Argument reaches a conclusion and compels us to admit it, but it neither makes us certain nor so it annihilates doubt that the mind rests calm in the intuition of truth, unless it finds this certitude by way of experience." More recently, I. J. Schoenberg[^4] is cited by Epstein ([@hahn]) as saying that Edmund Landau kept in his desk drawer for years a manuscript proving what is now called the two constants theorem: he had the complete proof but could not believe it until his intuition was ready to accept it. Then he published it. A “proof is only one step in the direction of confidence" argued De Millo, Lipton and Perlis in a classical paper on proofs, theorems and programs [@demillo]. Written in the same spirit is Don Knuth’s warning: “Beware of bugs in the above code: I have only proved it correct, not tried it."
Mathematical Proofs: The Semantic Dimension
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The above quotation turned slogan as “more rigour, less meaning", or better still, “less rigour, more meaning" (Chaitin [@gregpccris]) points out the necessity to distinguish between the syntactic and the semantic aspects of proofs. Should proofs belong exclusively to logic, according to the tradition started by Greeks such as Pythagoras and Euclid? Or should they also be accepted as a cocktail of logical and empirical–experimental arguments, as in the proof of the 4CT (1976)? Mathematicians are now divided into those giving an affirmative answer to the first question and implicitly a negative answer to the second question and those giving a negative answer to the first question and an affirmative one to the second question. Computationally oriented mathematicians usually belong to the second category, while many other mathematicians (as, for instance, the Fields medalist William Thurston) belong to the first, so for them, the 4CT is not yet proved! Meaning is a key distinction. For mathematicians such as René Thom, Daniel Cohen and William Thurston, correctness by itself does not validate a proof; it is also necessary to “understand" it. “The mission of mathematics is understanding" says Cohen. Paul Halmos has also insisted on the “conceptual understanding". For him a “good" proof of a theorem is one that sheds light on why it is true. It is just the process of understanding which is in question with proofs like that given to the 4CT. Referring to the proof of the 4CT, Halmos says: “I do not find it easy to say what we learned from all that. … The present proof relies in effect on an Oracle, and I say down with Oracles! They are not mathematics!" In contrast with Halmos, who hopes that “100 years from now the map theorem will be … an exercise in a first–year graduate course, provable in a couple of pages by means of appropriate concepts, which will be completely familiar by then" (see [@hersh], p. 54), R. Hersh thought that the problem itself might be responsible for the way it was solved: he is cited by saying dejectedly “So it just goes to show, it wasn’t a good problem after all" (see [@casti] p. 73).
We will return later to these issues. For the moment we make the following two observations.
A)
: Not only the hybrid proofs obtained as a combination of logical and empirical–experimental arguments might be hard/impossible to be understood in their “globality"; this happens also for some pure deductive proofs. An example is the proof of the classification of finite simple groups called by Danny Gorenstein the “Thirty Years War" (for the classification battles were fought mostly in the decades 1950–1980), a work which comprises about 10,000–15,000 pages scattered in 500 journal articles by some 100 authors.[^5]
According to Knuth [@knuth] p. 18, “… program–writing is substantially more demanding than book–writing". “Why is this so? I think the main reason is that a larger attention span is needed when working on a large computer program than when doing other intellectual tasks. … Another reason is … that programming demands a significantly higher standard of accuracy. Things don’t simply have to make sense to another human being, they must make sense to a computer." Knuth compares his TeX compiler (a document of about 500 pages) with Feit and Thompson [@ft] theorem that all simple groups of odd order are cyclic. He lucidly argues that the program might not incorporate as much creativity and “daring" as the proof of the theorem, but they come even when compared on depth of details, length and paradigms involved. What distinguishes the program from the proof is the “verification": convincing a couple of (human) experts that the proof [*works in principle*]{} seems to be easier than making sure that the program [*really works*]{}. A demonstration that [*there exists a way to compile TeX*]{} is not enough! Another example, which will be discussed later in this section, is the proof of Fermat’s Last Theorem (FLT).
B)
: Without diminishing in any way the “understanding" component of mathematics we note that the idea of distinguishing between “good" and “bad" proofs on the light they shed on their own truth seems to be, at least to some extent, relative and subjective.
Thom’s slogan ‘more rigour, less meaning’ was the main point in his controversy with Jean Dieudonné (as a representative of the Bourbaki group). Taking rigour as something that can be acquired only at the expense of meaning and conversely, taking meaning as something that can be obtained only at the expense of rigour, we oblige mathematical proof to have the status of what was called in physics a “conjugate (complimentary) pair", i.e., a couple of requirements, each of them being satisfied only at the expense of the other (see [@marcus]). Famous prototypes of conjugate pairs are (position, momentum) discovered by W. Heisenberg in quantum mechanics and (consistency, completeness) discovered by K. G" odel in logic. But similar warnings come from other directions. According to Einstein (see, for instance, [@rosen] p. 195), “in so far as the propositions of mathematics are certain, they do not refer to reality, and in so far as they refer to reality, they are not certain", hence (certainty, reality) is a conjugate pair. Obviously, reality is here understood as an empirical entity, hence mixed with all kinds of imprecision, ranging from obscurity and disorder to randomness, ambiguity and fuzziness [@marcus1]. Pythagoras’ theorem is certain, but its most empirical tests will fail. There are some genuine obstacles in our attempts to eliminate or at least to diminish the action of various sources of imprecision. Einstein implicitly calls our attention on one of them. Proof, to the extent to which it wants to be rigorous, to give us the feeling of certainty, should be mathematical; but satisfying this condition, means failing to reach reality. In other words, the price we have to pay to obtain proofs giving us the feeling of total confidence is to renounce to be directly connected to reality. There is a genuine tension between certainty and reality, they form a conjugate pair, which is the equivalent of what in the field of humanities is an oxymoronic pair. However, there is an essential difference between Gödel’s conjugate pair (consistency, completeness) and Einstein’s conjugate pair (certainty, reality). While consistency and completeness are binary logical predicates, certainty and reality are a matter of degree, exactly like the terms occurring in Thom’s conjugate pair: rigour and meaning. In last two situations there is room for manipulation and compromise.
Near to the above conjugate pairs is a third one: (rigour, reality), attributed to Socrates (see [@renyi]). A price we have to pay in order to reach rigour is the replacement of the real world by a fictional one. There is no point and no line in the real world, if we take them according to their definitions in Euclid’s [*Elements*]{}. Such entities belong to a fictional/virtual universe, in the same way in which the characters of a theatrical play are purely conventional, they don’t exist as real persons. The rules of deduction used in a mathematical proof belong to a game in the style they are described in the scenario of a Hilbert formal system, which is, as a matter of fact, a machine producing demonstrative texts. A convention underlines the production of theorems and again a convention is accepted in a theatrical play. In the first case, the acceptance of the convention is required from both the author of the proof and its readers; in the second case all people involved, the author, the actors and spectators, have to agree the proposed convention. Since many proofs, if not most of them, are components of a modeling process, we have to add the unavoidable error of approximation involved in any cognitive model. The model should satisfy opposite requirements, to be as near as possible to the phenomenon modelled, in order to be relevant; to be as far as possible from the respective phenomenon, in order to useful, to make possible the existence of at least one method or tool that can be applied to the model, but not to the original (see [@marcus2]). Theorems are discovered, models are invented. Their interaction leads to many problems of adequacy, relevance and correctness, i.e., of syntactic, semantic and pragmatic nature.
In the light of the situations pointed out above, we can understand some ironical comments about what a mathematician could be. It is somebody who can prove theorems, as Dieudonné claimed. But what kind of problems are solved in this way? “Any problem you want, …except those you need", said an engineer, disenchanted by his collaboration with a mathematician. Again, what is a mathematician? “It is a guy capable to give, after a long reflection, a precise, but useless answer", said another mathematician with a deep feeling of self irony. Remember the famous reflection by Goethe: “Mathematicians are like French people, they take your question, they translate it in their language and you no longer recognize it".
But things are controversial even when they concern syntactic correctness. In this respect, we should distinguish two types of syntactic mistakes: benign and malign. Benign mistakes have only a local, not global effect: they can be always corrected. Malign mistakes, on the contrary, contaminate the whole approach and invalidate the claim formulated by the theorem. When various authors (including the famous probabilist J. L. Doob, see [@schmidt]) found some mistakes in the proof of the 4CT, the authors of the proof succeeded in showing that all of them were benign and more than this, [*any other possible mistake, not yet discovered, should be benign*]{}. How can we accept such arguments, when the process of global understanding of the respective proof is in question? The problem remains open. A convenient, but fragile, solution is to accept Thom’s pragmatic proposal: a theorem is validated if it has been accepted by a general agreement[^6] of the mathematical community (see [@thom1; @thom2]).
The problems raised by the 4CT were discussed by many authors, starting with Tymoczko [@tymoczko] and Swart [@swart] (more recent publications are D. MacKenzie [@mc], J. Casti [@casti], A.S. Calude [@andreea]). Swart proposed the introduction of a new entity called [*agnogram*]{}, which is “a theorem–like statement that we have verified as best we could, but whose truth is not known with the kind of assurance we attach to theorems and about which we must thus remain, to some extent, agnostic." There is however the risk to give the status of agnogram to any property depending on a natural number $n$ and verified only for a large, but finite number of values of $n$. This fact would be in conflict with Swart’s desire to consider an agnogram less than a theorem, but more than a conjecture. Obviously, the 4CT is for Swart an agnogram, not a theorem. What is missing from an agnogram to be a theorem? A theorem is a statement which could be checked individually by a mathematician and confirmed also individually by at least two or three more mathematicians, each of them working independently. But already here we can observe the weakness of the criterion: how many mathematicians are to check individually and independently the status of an agnogram to give it the status of theorem?
The seriousness of this objection can be appreciated by examining the case of Andrew Wiles’ proof of FLT—a challenge to mathematics since 1637 when Pierre de Fermat wrote it into the margin of one of his books. The proof is extremely intricate, quite long (over 100 printed pages[^7]), and only a handful of people in the entire world can claim to understand it.[^8] To the rest of us, it is utterly incomprehensible, and yet we all feel entitled to say that “the FLT has been proved". On which grounds? We say so because [*we believe the experts*]{} and [*we cannot tell for ourselves*]{}. Let us also note that in the first instance the original 1993 proof seemed accepted, then a gap was found, and finally it took Wiles and Richard Taylor another year to fix the error.[^9]
According to Hunt [@hunt], “In no other field of science would this be good enough. If a physicist told us that light rays are bent by gravity, as Einstein did, then we would insist on experiments to back up the theory. If some biologists told us that all living creatures contain DNA in their cells, as Watson and Crick did in 1953, we wouldn’t believe them until lots of other biologists after looking into the idea agreed with them and did experiments to back it up. And if a modern biologist were to tell us that it were definitely possible to clone people, we won’t really believe them until we saw solid evidence in the form of a cloned human being. Mathematics occupies a special place, where we believe anyone who claims to have proved a theorem on the say—so of just a few people—that is, until we hear otherwise."
Suppose we loosely define a religion as any discipline whose foundations rest on an element of faith, irrespective of any element of reason which may be present. Quantum mechanics, for example, would qualify as a religion under this definition. Mathematics would hold the unique position of being a branch of theology possessing a “proof" of the fact that it should be so classified. “Where else do you have absolute truth? You have it in mathematics and you have it in religion, at least for some people. But in mathematics you can really argue that this is as close to absolute truth as you can get" says Joel Spencer.
Mathematical Proofs: The Pragmatic Dimension
============================================
In the second half of the 20th century, theorems together with their proofs occur with increasing frequency as components of some cognitive models, in various areas of knowledge. In such situations we are obliged to question the theorems not only with respect to their truth value, but also in respect to their adequacy and relevance within the framework of the models to which they belong. We have to evaluate the explanatory capacity of a theorem belonging to a model B, concerning the phenomenon A, to which B is referring. This is a very delicate and controversial matter, because adequacy, relevance and explanatory capacity are a matter of degree and quality, which cannot be settled by binary predicates. Moreover, there is no possibility of optimization of a cognitive model. Any model can be improved, no model is the best possible. This happens because, as we have explained before, a cognitive model B of an entity A has simultaneously the tendency to increase its similarity with A and stress its difference from A. To give only one example in this respect, we recall the famous result obtained by Chomsky [@chomsky], in the late 1950s, stating that context–free grammars are not able to generate the English language. This result was accepted by the linguistic and computer science communities until the eighties, when new arguments pointed out the weakness of Chomsky’s argument; but this weakness was not of a logical nature, it was a weakness in the way we consider the entity called “natural language". As a matter of fact, the statement “English is a context–free language" is still controversial.
Mathematical proofs are “theoretical" and “practical". Theoretical proofs (formal, ideal, rigorous) are models for practical proofs (which are informal, imprecise, incomplete). “Logicians don’t tell mathematicians what to do. They make a theory out of what mathematicians actually do", says Hersh [@hersh], p. 50. According to the same author, logicians study what mathematicians do the way fluid dynamicists study water waves. Fluid dynamicists don’t tell water how to wave, so logicians don’t tell mathematicians what to do. The situation is not as simple as it appears. Logical restrictions and formal models (of proof) can play an important role in the practice of mathematics. For example, the key feature of constructive mathematics is the identification “existence = computability" (cf. Bridges [@bridges]) and a whole variety of constructive mathematics, the so–called Bishop constructive mathematics, is mathematics with intuitionistic rather than classical underlying logic.
Quasi–Empirical Proofs: From Classical to Quantum
=================================================
\
The use of large–scale programs, such as Mathematica, Maple or MathLab is now widespread for symbolical and numerical calculations as well as for graphics and simulations. To get a feeling of the extraordinary power of such programs one can visit, for example, the Mathematica website [http://www.wolfram.com]{}. New other systems are produced; “proofs as programs", “proof animation" or “proof engineering" are just a few examples (see [@hayashi]). In some cases an experiment conveys an aesthetic appreciation of mathematics appealing to a much broader audience (cf. [@bb1; @bbg; @crismarcus]). A significant, but simple example of the role an experiment may play in a proof is given by Beyer [@beyer]. He refers to J. North who asked for a computer demonstration that the harmonic series diverges. We quote Beyer: “His example illustrates the following principle: Suppose that one has a computer algorithm alleged to provide an approximation to some mathematical quantity. Then the algorithm should be accompanied by a theorem giving a measure of the distance between the output of the algorithm and the mathematical quantity being approximated. For the harmonic series, one would soon find that the sum was infinite." It is interesting to mention that in 1973 Beyer made together with Mike Waterman a similar attempt to compute Euler’s constant; their experiment failed, but the error was discovered later by Brent [@brent].
New types of proofs motivated by the experimental “ideology” have appeared. For example, rather than being a static object, the [*interactive proof*]{} (see Goldwasser, Micali, Rackoff [@GMR], Blum [@Blum]) is a two–party protocol in which the [*prover*]{} tries to prove a certain fact to the [*verifier*]{}. During the interactive proof the [*prover*]{} and the [*verifier*]{} exchange messages and at the end the [*verifier*]{} produces a verdict “accept" or “reject". A holographic (or probabilistic checkable) proof (see Babai [@Babai]) is still a static object but it is verified probabilistically. Errors become almost instantly apparent after a small part of the proof was checked.[^10] The transformation of a classical proof (which has to be self-contained and formal) into a holographic one requires super-linear time.
The blend of logical and empirical–experimental arguments (“quasi–empirical mathematics" for Tymoczko [@tymoczko], Chaitin [@ch00; @ch02; @gregphil] or “experimental mathematics" for Bailey, Borwein [@bb], Borwein, Bailey [@bb1], Borwein, Bailey, Girgensohn [@bbg]) may lead to a new way to understand (and practice) mathematics. For example, Chaitin argued that we should introduce the Riemann hypothesis as an axiom: “I believe that elementary number theory and the rest of mathematics should be pursued more in the spirit of experimental science, and that you should be willing to adopt new principles. I believe that Euclid’s statement that an axiom is a self–evident truth is a big mistake. The Schrödinger equation certainly isn’t a self–evident truth! And the Riemann hypothesis isn’t self–evident either, but it’s very useful. A physicist would say that there is ample experimental evidence for the Riemann hypothesis and would go ahead and take it as a working assumption." Classically, there are two equivalent ways to look at the mathematical notion of proof: [*logical*]{}, as a finite sequence of sentences strictly obeying some axioms and inference rules, and [*computational*]{}, as a specific type of computation. Indeed, from a proof given as a sequence of sentences one can easily construct a Turing machine producing that sequence as the result of some finite computation and, conversely, given a machine computing a proof we can just print all sentences produced during the computation and arrange them into a sequence.
This gives mathematics an immense advantage over any science: a proof is an explicit sequence of reasoning steps that can be inspected at [*leisure*]{}. [*In theory*]{}, if followed with care, such a sequence either reveals a gap or mistake, or can convince a sceptic of its conclusion, in which case the theorem [*is considered proven*]{}. The equivalence between the logical and computational proofs has stimulated the construction of programs which play the role of [*“artificial" mathematicians*]{}. The “theorem provers" have been very successful as “helpers" in proving many results, from simple theorems of Euclidean geometry to the computation of a few digits of a Chaitin Omega Number [@crisds]. “Artificial" mathematicians are far less ingenious and subtle than human mathematicians, but they surpass their human counterparts by being infinitely more patient and diligent.
If a conventional proof is replaced by an “unconventional" one (that is a proof consisting of a sequence of reasoning steps obeying axioms and inference rules which depend not only on some logic, but also on the external physical medium), then the conversion from a computation to a sequence of sentences may be impossible, e.g. due to the size of the computation. An extreme, and for the time being hypothetical example, is the proof obtained as a result of a quantum computation (see Calude and Păun [@cp]). The quantum automaton would say “your conjecture is true", but (due to quantum interference) there will be no way to exhibit all trajectories followed by the quantum automaton in reaching that conclusion. The quantum automaton has the ability to check a proof, but it may fail to reveal any “trace" of the proof for the human being operating the quantum automaton. Even worse, any attempt to [*watch*]{} the inner working of the quantum automaton (e.g. by “looking" inside at any information concerning the state of the ongoing proof) may compromise forever the proof itself! We seem to go back to Bertrand Russell who said that “mathematics may be defined as the subject in which we never know what we are talking about, nor whether what we are saying is true", and even beyond by adding [*and even when it’s true we might not know why.*]{}
Speculations about quantum proofs [*may not affect*]{} the essence of mathematical objects and constructions (which, many believe, have an autonomous reality quite independent of the physical reality), but they seem to [*have an impact*]{} on how we [*learn/understand mathematics,*]{} which is through the physical world. Indeed, our glimpses of mathematics are revealed only through physical objects, human brains, silicon computers, quantum automata, etc., hence, according to Deutsch [@deutsch-97], they have to obey not only the axioms and the inference rules of the theory, but the [*laws of physics*]{} as well. To complete the picture we need to take into account also the [*biological*]{} dimension. No matter how precise the rules (logical and physical) are, we need human consciousness to apply the rules and to understand them and their consequences. Mathematics is a human activity.
Knowledge Versus Proof
======================
\
Are there intrinsic differences between traditional and ‘unconventional’ types of proofs? To answer this question we will consider the following interrelated questions:\
1. Do ‘unconventional’ methods supply us with a proof in some formal language?\
2. Do ‘unconventional’ methods supply us with a mathematical proof?\
3. Do ‘unconventional’ methods supply us with knowledge?\
4. Does mathematics require knowledge or proof?\
A blend of mathematical reasoning supported by some silicon or quantum computation or a classical proof of excessive length and complexity (for example, the classification of finite simple groups) are examples of “unconventional” proofs. The ultimate goal of the mathematical activity is the [*advance human understanding of mathematics*]{} (whatever this means!).
The answer to the first two question is affirmative. Indeed, computations are represented in the programming language used by the computer (the ‘unconventional’ computer too), even if the whole proof cannot be globally ‘visualized’ by a human being. The proof can be checked by any other mathematician having the equipment used in the ’unconventional’ proof. A proof provides knowledge only to the extent that its syntactic dimension is balanced by the semantic one; any gap between them makes the proof devoid of knowledge and paves the way for the proof to become a ritual without meaning. Proofs generating knowledge, quite often produce much more, for example, ’insight’ (think of the insight provided by understanding the algorithm used in the proof).
A misleading analogy would be to replace, in the above questions, [*‘unconventional’ methods*]{} with [*“testimony from a respected and (relevantly) competent mathematician”*]{}. Certainly, such testimony provides knowledge; it does not qualify as a mathematical proof (even less as a formalized proof), but the result is a “mathematical activity” because it advances our knowledge of mathematics. The difference between ‘unconventional’ methods and ‘relevant testimony’ can be found in the mechanisms used to produce outputs: a ‘relevant testimony’ is the gut feeling of a respected, relevant, competent mathematician, by and large based on a considerable mathematical experience, while an ‘unconventional’ method produces an objective argument.
There is little ‘intrinsic’ difference between traditional and ‘unconventional’ types of proofs as i) first and foremost, [*mathematical truth*]{} cannot always be certified by proof, ii) correctness is not absolute, but almost certain, as mathematics advances by making mistakes and correcting and re–correcting them (mathematics fallibility was argued by Lakatos), iii) non–deterministic and probabilistic proofs do not allow mistakes in the applications of rules, they are just indirect forms of checking (see Pollack [@pollack], p. 210) which correspond to various degrees of rigour, iv) the explanatory component, the understanding ‘emerging’ from proofs, while extremely important from a cognitive point of view, is subjective and has no bearing on formal correctness. As Hersh noticed, mathematics like music exists by some logical, physical and biological manifestation, but “it makes sense only as a mental and a cultural activity" ([@hersh], p. 22).
How do we continue to produce rigorous mathematics when more research will be performed in large computational environments where we might or might not be able to determine what the system has done or why[^11] is an open question. The blend of logical and empirical–experimental arguments are here to stay and develop. Of course, some will continue to reject this trend, but, we believe, they will have as much effect as King Canute’s royal order to the tide. There are many reasons which support this prediction. They range from economical ones (powerful computers will be more and more accessible to more and more people), social ones (skeptical oldsters are replaced naturally by youngsters born with the new technology, results and success inspire emulation) to pure mathematical (new challenging problems, wider perspective) and philosophical ones (note that incompleteness is based on the analysis of the computer’s behaviour). The picture holds marvelous promises and challenges; it does not eliminate the continued importance of extended personal interactions in training and research.
Acknowledgements {#acknowledgements .unnumbered}
================
This paper is based on a talk presented at the Workshop [*Truths and Proofs*]{}, a satellite meeting of the [*Annual Conference of the Australasian Association of Philosophy (New Zealand Division)*]{}, Auckland, New Zealand, December 2001. We are most grateful to Andreea Calude, Greg Chaitin, Sergiu Rudeanu, Karl Svozil, Garry Tee, and Moshe Vardi for inspired comments and suggestions.
[999]{} M. Aschbacher. The status of the classification of finite simple groups, [*Notices of the Amer. Math. Soc.*]{}51, 7 (2004), 736–740.
D. Auburn. [*Proof. A Play*]{}, Faber and Faber, New York, 2001.
K. Appel, W. Haken. [*Every Planar Graph is Four Colorable*]{}, Contemporary Mathematics 98, AMS, Providence, 1989.
L. Babai. Probably true theorems, cry wolf? [*Notices of the Amer. Math. Soc.*]{} 41 (5) (1994), 453–454.
D. H. Bailey, J. M. Borwein. Experimental mathematics: Recent developments and future outlook, in B. Engquist, W. Schmid (eds.). [*World Mathematical Year Mathematics Unlimited—2001 and Beyond*]{}, Springer-Verlag, Berlin, 2001, 51–66.
J. Barrow. [*Impossibility. The Limits of Science and the Science of Limits*]{}, Oxford University Press, Oxford, 1998.
J. M. Borwein, D. H. Bailey, [*The Experimental Mathematician. Plausible Reasoning in the 21st Century,*]{} A. K. Peters, Natick, Ma., 2003.
J. M. Borwein, D. H. Bailey, R. Girgensohn. [*Experimentation in Mathematics. Computational Paths to Discovery*]{}, A. K. Peters, Natick, Ma., 2004.
W. A. Beyer. The computer and mathematics. [*Notices of the Amer. Math. Soc.*]{} 48, 11 (2001), 1302.
M. Blum. How to prove a theorem so no one else can claim it, [*Proceedings of the International Congress of Mathematicians,*]{} Berkeley, California, USA, 1986, 1444–1451.
R. P. Brent. Computation of the regular continued fraction for Euler’s constant, [*Math. of Computation*]{} 31, 139 (1977), 771–777.
D. S. Bridges. Constructive truth in practice, in H. G. Dales and G. Oliveri (eds.). [*Truth in Mathematics*]{}, Clarendon Press, Oxford, 1998, 53–69.
A. S. Calude. The journey of the four colour theorem through time, [*The NZ Mathematics Magazine*]{} 38, 3 (2001), 27–35. C. S. Calude. [*Information and Randomness: An Algorithmic Perspective*]{}, 2nd Edition, Revised and Extended, Springer Verlag, Berlin, 2002.
C. S. Calude. Chaitin $\Omega$ numbers, Solovay machines and incompleteness, [*Theoret. Comput. Sci.*]{}, 284 (2002), 269–277.
C. S. Calude. Incompleteness, complexity, randomness and beyond, [*Minds and Machines: Journal for Artificial Intelligence, Philosophy and Cognitive Science*]{}, 12, 4 (2002), 503–517.
C. S. Calude, G. J. Chaitin. Randomness everywhere, [*Nature*]{}, 400, 22 July (1999), 319–320.
C. S. Calude, M. J. Dinneen and C.-K. Shu. Computing a glimpse of randomness, [*Experimental Mathematics*]{} 11, 2 (2002), 369–378.
C. S. Calude, H. J[ü]{}rgensen. [*Is Complexity a Source of Incompleteness?*]{}, [*CDMTCS Research Report*]{} 241, 2004, 15 pp.
C. Calude, H. Jürgensen, M. Zimand. Is independence an exception?, [*Appl. Math. Comput.*]{} 66 (1994), 63–76.
C. S. Calude, S. Marcus. Mathematical proofs at a crossroad? in J. Karhum" aki, H. Maurer, G. Păun, G. Rozenberg (eds.). [*Theory Is Forever*]{}, Lectures Notes in Comput. Sci. 3113, Springer Verlag, Berlin, 2004, 15–28.
C. S. Calude, G. Păun. [*Computing with Cells and Atoms*]{}, Taylor & Francis Publishers, London, 2001.
J. L. Casti. [*Mathematical Mountaintops*]{}, Oxford University Press, Oxford, 2001.
G. J. Chaitin. Randomness and mathematical proof, [*Scientific American*]{}, 232 (5) (1975), 47–52.
G. J. Chaitin. [*Exploring Randomness*]{}, Springer Verlag, London, 2001.
G. J. Chaitin. Computers, paradoxes and the foundations of mathematics, [*American Scientist*]{}, 90 March–April (2002), 164–171.
G. J. Chaitin. Personal communication to C. S. Calude, 5 March, 2002.
G. J. Chaitin. On the intelligibility of the universe and the notions of simplicity, complexity and irreducibility, [http://www.cs.auckland.ac.nz/CDMTCS/ chaitin/bonn.html]{}, September 2002.
N. Chomsky. [*Syntactic Structures*]{}, Mouton, The Hague, 1957.
A. Connes, A. Linchnerowicz, M. P. Sch" utzenberger. [*Triangle of Thoughts*]{}, AMS, Providence, 2001.
E. W. Dijkstra. Real mathematicians don’t prove, [*EWD1012*]{}, University of Texas at Austin, 1988, [http://www.cs.utexas.edu/users/EWD/EWD1012.pdf]{}.
D. Deutsch. [*The Fabric of Reality*]{}, Allen Lane, Penguin Press, 1997.
R. A. De Millo, R. J. Lipton, A. J. Perlis. Social processes and proofs of theorems and programs, [*Comm. ACM*]{} 22, 5 (1979), 271–280.
J. Dieudonné. [*Pour L’honneur de l’Esprit Humain*]{}, Gallimard, Paris, 1986.
W. Feit, J. G. Thomson. Solvability of groups of odd order, [*Pacific J. Math.* ]{} 13 (1963), 775–1029.
01 J. E. Fenstad. Is mathematical still the science of paper, pencils and proofs?, Conference on [*Electronic Communication and Research in Europe*]{}, Darmstadt/Seeheim, 15–17 April 1998, [//academia.darmstadt.gmd.de/seeheim/thebook/finals/fenstad.html]{}.
S. Goldwasser, S. Micali, C. Rackoff. The knowledge complexity of interactive proof–systems, [*SIAM Journal of Computing,*]{} 18(1) (1989), 186–208.
C. Foiaş. Personal communication to S. Marcus (about 20 years ago).
L. E. Hahn, B. Epstein. [*Classical Complex Analysis*]{}, Sudury, Mass., Jones and Barlettt, 1996.
M. Harris. Contexts of justification, [*The Mathematical Intelligencer*]{} 23, 1 (2001), 10–22.
S. Hayashi, R. Sumitomo, K. Shii. Towards the animation of proofs–testing proofs by examples, [*Theoret. Comput. Sci.*]{} 272 (2002), 177–195. R. Hunt. The philosophy of proof, [http://plus.maths.org/issue10/ features/proof4/]{}. R. Hersh. [*What Is Mathematics, Really?*]{}, Vintage, London, 1997.
M. Kline. [*Mathematical Thought from Ancient to Modern Times*]{}, Oxford University Press, Oxford, Vol. 1, 1972. D. E. Knuth. Theory and practice, [*EATCS Bull.*]{} 27 (1985), 14–21.
D. MacKenzie. Slaying the kraken. The sociohistory of a mathematical proof, [*Social Studies of Science*]{} 29, 2 (1999), 7–60.
Yu. I. Manin. Truth, rigour, and common sense, in H. G. Dales and G. Oliveri (eds.). [*Truth in Mathematics*]{}, Clarendon Press, Oxford, 1998, 147–159.
S. Marcus. No system can be improved in all respects, in G. Altmann and W. A. Koch (eds.). [*Systems. New Paradigms for the Human Sciences*]{}, Walter de Gruyter, Berlin, 1998, 143–164.
S. Marcus. Imprecision, between variety and uniformity: the conjugate pairs, in J. J. Jadacki and W. Strawinski (eds.). [*The World of Signs*]{}, Poznan Studies in the Philosophy of Sciences and the Humanities 62 Rodopi, Amsterdam, 1998 59–72.
S. Marcus. Metaphor as dictatorship, in J. Bernard, J. Wallmannsberger and G. Withalm (eds.). [*World of Signs. World of Things*]{}, Angewandte Semiotik 15, OGS, Wien, 1997, 87–108.
R. Pollack. How to believe a machine–checked proof, in G. Sambin and J. M. Smith (eds.). [*Twenty–five Years of Constructive Type Theory*]{}, Clarendon Press, Oxford, 1998, 205–220.
A. R' enyi. [*Dialogues on Mathematics*]{}, Holden Day, San Francisco, 1967.
N. Robertson, D. Sanders, P. Seymour, R. Thomas. A new proof of the four–colour theorem, [*Electronic Research Announcements of the AMS*]{} 2,1 (1996), 17–25.
R. R. Rosen. Complementarity in social structures, [*Journal of Social and Biological Structures*]{} 1 (1978), 191–200.
R. Thom. Modern mathematics: does it exist?, in A. G. Howson (ed.). [*Developments in Mathematical Education*]{}, Cambridge University Press, 1973, 194–209.
R. Thom. Topologie et linguistique, in A. Haefliger and R. Nerasimham (eds.). [*Essays on Topology and Related Topics. Memoires Dédiés à Georges de Rham*]{}, Springer Verlag, New York, 1970, 226–248.
R. M. Solovay. A version of $\Omega$ for which $ZFC$ can not predict a single bit, in C. S. Calude and G. Păun (eds.). [*Finite Versus Infinite. Contributions to an Eternal Dilemma*]{}, Springer Verlag, London, 2000, 323–334.
T. Tymoczko. The four–colour problem and its philosophical significance, [*J. Philosophy*]{} 2,2 (1979), 57–83.
U. Schmidt. [*Überprüfung des Beweises für den Vierfarben Satz*]{}, Diplomarbeit Technische Hochschule, Aachen, 1982.
E. R. Swart. The philosophical implications of the four–colour problem, [*American Mathematical Monthly*]{} 87, 9 (1980), 697–702.
[^1]: In 1879 Kempe announced his ‘proof’ of the 4CT in both the magazine [*Nature*]{} and the [*American Journal of Mathematics*]{}. Eleven years later, Percy Heawood found an error in the proof which nobody had spotted, despite careful checking.
[^2]: Our Italics.
[^3]: The Scottish judicial system which admits three forms of verdicts, guilty, not–guilty and not–proven, comes closer to the picture described by GIT.
[^4]: Landau’s son-in-law.
[^5]: Still, there is a controversy in the mathematical community on whether these articles provide a complete and correct proof. For a recent account see Aschbacher [@ma].
[^6]: Perhaps “general" should be replaced here by “quasi–general".
[^7]: Probabilists would argue that very long proofs can at best be viewed as only probably correct, cf. [@demillo], p. 273. In view of [@cj], the longer the statement, the lesser its chance is to be proved.
[^8]: Harris [@harris] believes that no more than 5% of mathematicians have made the effort to work through the proof. Does this have anything to do with what George Hardy has noted in his famous [*Apology*]{}: “All physicists and a good many quite respectable mathematicians are contemptuous about proof."?
[^9]: According to Wiles, “It was an error in a crucial part of the argument, but it was something so subtle that I’d missed it completely until that point. The error is so abstract that it can’t really be described in simple terms. Even explaining it to a mathematician would require the mathematician to spend two or three months studying that part of the manuscript in great detail."
[^10]: More precisely, a traditional proof of length $l$ is checked in time a constant power of $l$ while a holographic proof requires only constant power of $\log_{2}l$. To appreciate the difference, the binary logarithm of the number of atoms in the known Universe is smaller than 300.
[^11]: Metaphorically described as “relying on proof by ‘Von Neumann says’".
|
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}
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Doloplazy (Olomouc District)
Doloplazy is a village and municipality (obec) in Olomouc District in the Olomouc Region of the Czech Republic.
The municipality covers an area of , and has a population of 1,313 (as at 3 July 2006).
Doloplazy lies approximately east of Olomouc and east of Prague.
References
Olomouc Regional Statistical Office: Municipalities of Olomouc District
Category:Villages in Olomouc District
|
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|
Q:
Please explain how this wake-on-LAN script works
I found this PowerShell code on a blog a couple months ago. It sends wake-on-LAN signals to the MAC address of your choice without using external programs. I commented on the blog post and asked the author to describe the logic behind the script because I was curious about it. I went back to the blog post at a later date to see if the author replied to my comment. I was surprised to see that I was redirected to a page where the author said he lost his blog due to a crash. I can't remember the details of it, but I don't think I have that blog bookmarked anymore.
So now I would like to request to have the brilliant minds at Stack Overflow look at this code and explain its logic to me. A comment for each line would be fantastic. I'm quite curious to know how this works. It appears to be more robust than other scripts that I've found in that it works across subnets. I don't know much about networking, though.
One of the things I'm most curious about is the for loop at the end. Why send the signal multiple times? And why on different ports? But I really would like to know the logic behind the entire script.
The code:
param (
$targetMac,
$network = [net.ipaddress]::Broadcast,
$subnet = [net.ipaddress]::Broadcast
)
try {
if($network.gettype().equals([string])) {
$network = [net.ipaddress]::Parse($network);
}
if($subnet.gettype().equals([string])) {
$subnet = [net.ipaddress]::Parse($subnet);
}
$broadcast = new-object net.ipaddress (([system.net.ipaddress]::parse("255.255.255.255").address -bxor $subnet.address -bor $network.address))
$mac = [Net.NetworkInformation.PhysicalAddress]::Parse($targetMac.toupper().replace(".",""))
$u = New-Object net.sockets.udpclient
$ep = New-Object net.ipendpoint $broadcast, 0
$ep2 = New-Object net.ipendpoint $broadcast, 7
$ep3 = New-Object net.ipendpoint $broadcast, 9
$payload = [byte[]]@(255,255,255, 255,255,255);
$payload += ($mac.GetAddressBytes()*16)
for($i = 0; $i -lt 10; $i++) {
$u.Send($payload, $payload.Length, $ep) | Out-Null
$u.Send($payload, $payload.Length, $ep2) | Out-Null
$u.Send($payload, $payload.Length, $ep3) | Out-Null
sleep 1;
}
} catch {
$Error | Write-Error;
}
A:
#These are the parameters to the script. The only mandatory param here is the mac address
#[net.ipaddress]::Broadcast will resolve to something like 255.255.255.255
param (
$targetMac,
$network = [net.ipaddress]::Broadcast,
$subnet = [net.ipaddress]::Broadcast
)
#We start the try, catch error handling here.
#if something in try block fails, the catch block will write the error
try {
#This will evaludate to False. Hence, $network will have whatever was passed through params or the default value
#in this case the default value is 255.255.255.255
if($network.gettype().equals([string])) {
$network = [net.ipaddress]::Parse($network);
}
#This will evaludate to False. Hence, $network will have whatever was passed through params or the default value
#in this case the default value is 255.255.255.255
if($subnet.gettype().equals([string])) {
$subnet = [net.ipaddress]::Parse($subnet);
}
#Not sure if this is really required here. But, assuming that the default value for both $network and $subet is 255.255.255.255,
#this will result in $broadcast set to 255.255.255.255
$broadcast = new-object net.ipaddress (([system.net.ipaddress]::parse("255.255.255.255").address -bxor $subnet.address -bor $network.address))
#This again assumes that you had given . as the delimeter in MAC address and removes that from MAC address
$mac = [Net.NetworkInformation.PhysicalAddress]::Parse($targetMac.toupper().replace(".",""))
#Create a new object of type net.sockets.udpclient
$u = New-Object net.sockets.udpclient
#WOL magic packet can be sent on port 0, 7, or 9
#Create a end point for the broadcast address at port 0
$ep = New-Object net.ipendpoint $broadcast, 0
#Create a end point for the broadcast address at port 7
$ep2 = New-Object net.ipendpoint $broadcast, 7
#Create a end point for the broadcast address at port 9
$ep3 = New-Object net.ipendpoint $broadcast, 9
#Create a payload packet
#First, create a byte array
$payload = [byte[]]@(255,255,255, 255,255,255);
#add the mac address to the above byte array
$payload += ($mac.GetAddressBytes()*16)
#Send 10 magic packets for each port number or end point created above.
#one is more than enough. If everything is congfigured properly
for($i = 0; $i -lt 10; $i++) {
$u.Send($payload, $payload.Length, $ep) | Out-Null
$u.Send($payload, $payload.Length, $ep2) | Out-Null
$u.Send($payload, $payload.Length, $ep3) | Out-Null
sleep 1;
}
} catch {
#catch block catches any error from try block
$Error | Write-Error;
}
|
{
"pile_set_name": "StackExchange"
}
|
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