text stringlengths 12 4.76M | timestamp stringlengths 26 26 | url stringlengths 32 32 |
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1. Field of the Invention
The present disclosure relates to an optical image capturing system, and more particularly to a compact optical image capturing system which can be applied to electronic products.
2. Description of the Related Art
In recent years, with the rise of portable electronic devices having camera functionalities, the demand for an optical image capturing system is raised gradually. The image sensing device of ordinary photographing camera is commonly selected from charge coupled device (CCD) or complementary metal-oxide semiconductor sensor (CMOS Sensor). In addition, as advanced semiconductor manufacturing technology enables the minimization of pixel size of the image sensing device, the development of the optical image capturing system directs towards the field of high pixels. Therefore, the requirement for high imaging quality is rapidly raised.
The traditional optical image capturing system of a portable electronic device comes with different designs, including a four-lens or a fifth-lens design. However, the requirement for the higher pixels and the requirement for a large aperture of an end user, like functionalities of micro filming and night view have been raised. The optical image capturing system in prior arts cannot meet the requirement of the higher order camera lens module.
Therefore, how to effectively increase quantity of incoming light of the optical lenses, and further improves imaging quality for the image formation, becomes a quite important issue. | 2024-07-19T01:27:17.760571 | https://example.com/article/8335 |
Q:
Google Chart (Material) - Type Bar - Data in arrayToDataTable with role style KO?
I want to use a google bar chart (material design) with the options provided in the arrayToDataTable to customize the color of the bar.
Example:
return google.visualization.arrayToDataTable([
['1', '2', {role: 'style'}],
['1', 1000, '#000000'],
['2', 1170, '#000000'],
['3', 660, '#000000'],
['4', 1030, '#000000']
]);
As you can see, if I refer to the documentation, the bar should be in black.
It is not.
Moreover, this third column is not added (so something catch it as an role, but do not execute associated behavior).
I saw multiples topics about it nevertheless they were working with old packages (not material design).
Thanks for the help guys.
Update 1:
Replaced #00000 color to #000000 (doesn't solve the problem, I just forgot a 0 when writing this example)
A:
unfortunately, column roles do not work with material charts
along with several configuration options
recommend using core chart instead
there is a configuration option that will style a core chart as material
theme: 'material'
but it's not exact, see following working snippet...
google.charts.load('current', {
callback: drawChart,
packages: ['corechart']
});
function drawChart(transparent) {
var data = google.visualization.arrayToDataTable([
['1', '2', {role: 'style'}],
['1', 1000, '#000000'],
['2', 1170, '#000000'],
['3', 660, '#000000'],
['4', 1030, '#000000']
]);
var options = {
legend: 'none',
theme: 'material'
};
var chartDiv = document.getElementById('chart_div');
var chart = new google.visualization.ColumnChart(chartDiv);
chart.draw(data, options);
}
<script src="https://www.gstatic.com/charts/loader.js"></script>
<div id="chart_div"></div>
also, the style column value for black should have six zeroes vs. five
--> '#000000'
vs.
--> '#00000'
| 2024-06-08T01:27:17.760571 | https://example.com/article/1932 |
Grey Matters is known for its thorough research and professionalism, is a one-stop solution to aspirants of examinations like IELTS. Grey Matters traces its emergence from the year 1995 with an edge over other institutes.
Today when we look decades back we see thousands of our students on the having settled their careers as they were able to get right guidance at right time Grey Matters existence in the educational field is like flying of an eagle with an attitude and working on the pursuit of achieving perfection to the maximum extent.
IELTS
Study Visa | 2024-04-09T01:27:17.760571 | https://example.com/article/3134 |
IN the height of the Cold War, Russia and America found themselves locked in a chilling race to nuke the Moon, declassified military documents reveal.
Following the end of the Second World War in 1945, the USSR and the USA spent decades trying to prove their military might to the world.
5 Our moon found itself in the firing line during the dark days of the Cold War Credit: Alamy
During this tense era, the two global superpowers found themselves locked in an arms race which saw them spend decades scrambling to develop the most powerful armaments.
As the arms race morphed into a space race, the two nations set their sights on the Moon, and made it their goal to extend their influence beyond the Earth's atmosphere.
Now, declassified documents have revealed just how far the superpowers were prepared to go, as they hatched terrifying plans to obliterate part of our moon with a nuclear strike.
5 Americans planned to launch a nuclear strike on the moon to demonstrate their military might Credit: Getty Images
Codenamed Project A119, a plan cooked up by the US Air Force in 1958 set out how America could prove their might once and for all.
Physicist Leonard Reiffel was put in charge of the project, which had the terrifying goal of detonating a nuclear warhead on the Moon.
Most read in Living DR KEITH HOPCROFT If you have a whole body MRI scan on your Christmas list, it’s time to think again Revealed Copycat got the cream We test budget beauty buys against posh products - with some surprising results KNOW THE SYMPTOMS OF CANCER Dr Keith Hopcroft explains the ten signs that suggest you DON'T have cancer Sex Secrets Prostitute who earns £2,000 a week reveals the average penis size ... and how much she enjoys work LIFE'S A BEACH Spectacular vintage photos show the world's elite enjoying Cannes Film Festival over the last 70 years Exclusive COURT IN THE ACT This is the one thing you never knew about about Judge Rinder's courtroom
The team of military and physics experts planned to explode a warhead the same size as the bomb dropped on Hiroshima on our planet's natural satellite.
The detonation would light up the Moon's surface, generating a sphere of dust which would blot out any hopes of Russia winning the arms race.
5 US forces planned to drop a bomb as powerful as the Hiroshima bomb, pictured, on the Moon Credit: Getty Images
At the time, the team believed that they could feasibly hit a target on the Moon within an accuracy of two miles.
However, by January 1959 US military bosses were convinced that the public backlash against such a senseless strike would be enormous, and the risks of a malfunction in the launch were too great.
After that realisation, America's leaders turned their attention to putting people, rather than weapons, in space.
5 A nuclear strike on the Moon would kick up a huge sphere of dust Credit: Getty Images
Meanwhile, the Soviets were cooking up a scheme of their own as part of a project codenamed E-4.
This plan involved striking the Moon with a nuclear missile of their own, although this plot faced the same overwhelming risks and difficulties as the Americans' secret plans.
5 Due to political and technical risks, Americans decided to focus on putting people in space instead Credit: Alamy
These chilling Cold War revelations come after we revealed the secret US plans which could have led to the total destruction of the USSR.
We also told how America had cooked up a desperate, last-ditch nuclear strategy in the wake of World War 2, and shared how the USSR planned to retaliate by destroying most of Europe. | 2024-07-28T01:27:17.760571 | https://example.com/article/7698 |
[The role of thyroid hormones in regulating the activity of phospholipases A1 and A2 in liver cells and nuclei from rats of varying ages].
The activity of phospholipases A1 and A2 in liver cells and liver cell nuclei of rats of various age and the thyroid status of experimental animals have been studied. It was found that phospholipid deacylation and acylation in liver cells is under control of thyroid hormones. Age-specific fluctuations in the activity of the thyroid gland may be one of possible reasons for phospholipase A1 activity and phospholipid level changes in liver nuclei during ontogenesis. Thyroid hormones play an important role in regulation of polyunsaturated fatty acid metabolism and prostaglandin E2 production in the liver. | 2023-11-25T01:27:17.760571 | https://example.com/article/4713 |
Frost v. Martens
IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-91-358-CV
SHERRI L. FROST, JAMES VERNON FROST, AND JAMES E. COULTER,
APPELLANTS
vs.
STEVEN R. MARTENS, KELLY M. WRENN, TRUSTEE, WILLIAM ROBERT WENDT,
APPELLEES
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT
NO. 493,006, HONORABLE MARY PEARL WILLIAMS, JUDGE
PER CURIAM
Appellants, Sherri Frost, James Frost, and James Coulter, sued appellees
to recover the amount due on a promissory note based on an acceleration clause. Appellees,
Steven Martens; Kelly Wrenn, Trustee; and William Wendt are joint venturers in the Mullen
Street Joint Venture, maker of the note. Appellees counterclaimed for breach of contract,
deceptive trade practices, and a declaratory judgment. After a bench trial, the court rendered
judgment that appellants take nothing and that appellees' counterclaims be denied. The trial court
filed its findings of fact and conclusions of law.
Appellees executed the promissory note on March 5, 1986, as partial payment for
two tracts of land they bought from appellants. The principal amount of the note was
$160,000.00, payable in monthly installments over four years beginning in 1987. The note was
secured by a vendor's lien and deed of trust on the property. This lien and deed of trust were
subordinate to a first-lien deed of trust securing a note of $370,000.00, payable to a bank.
On March 21, 1988, after discussing appellees' difficulties with their obligations
under the first- and second-lien notes, the parties signed a "Loan Modification Agreement." The
agreement modified the original note to require that appellees pay appellants $40,000.00
immediately and $40,000.00 on March 21, 1996. The $40,000.00 due in 1996 did not bear
interest.
In April 1990, appellants received a copy of the first-lienholder's notice to appellees
of foreclosure. The first-lienholder sold the property on July 3, 1990, and on August 30th,
appellants notified appellees that they were accelerating the maturity of the note to September 30,
1990. When appellees did not pay the remaining $40,000.00 due on the note, appellants filed
suit.
Appellants challenge the trial court's judgment by eighteen points of error
concerning construction of the acceleration provisions of the loan documents (points one through
nine), notice of intent to accelerate (points fifteen and sixteen), estoppel (points ten and eleven),
waiver (points twelve through fourteen), and attorney's fees (points seventeen and eighteen). In point of error five, appellants argue that the trial court erred in concluding that
acceleration was inconsistent with the parties' agreement, as evidenced by the modification
agreement and the circumstances in which it was negotiated. Appellants assert that the
modification agreement unambiguously retained clauses in the note and deed of trust authorizing
acceleration if appellees defaulted in paying the first-lien note.
A mortgage is governed by the same rules of interpretation that apply to contracts.
Sonny Arnold, Inc. v. Sentry Sav. Ass'n, 633 S.W.2d 811, 815 (Tex. 1982). The original note,
deed of trust, and modification agreement together complete a single transaction, even though
executed at two different times, and we read the three instruments together as a single contract.
Veal v. Thomason, 159 S.W.2d 472, 475 (Tex. 1942); Crown W. Inv., Inc. v. Mercantile Nat'l
Bank, 504 S.W.2d 785, 788 (Tex. Civ. App.--Tyler 1974, no writ).
Whether a contact is ambiguous is a question of law for the court to decide by
looking at the contract as a whole in light of the circumstances present when the contract was
entered. Coker v. Coker, 650 S.W.2d 391, 394 (Tex. 1983); City of Pinehurst v. Spooner
Addition Water Co., 432 S.W.2d 515, 518 (Tex. 1968). The court's primary object is to ascertain
and effect the intentions of the parties as expressed in the instrument. To achieve this goal, the
court considers the entire instrument so as to render none of its provisions meaningless. R & P
Enters. v. LaGuarta, Gavrel & Kirk, 596 S.W.2d 517, 518-19 (Tex. 1980). If a contract is so
worded that a court can give it a definite legal meaning, it is not ambiguous. Id. at 519.
Both the original note and the deed of trust contained clauses authorizing
acceleration if appellees defaulted in paying the first-lien note. The note provided for acceleration
on default in paying the first-lien note as follows:
[I]t is expressly stipulated that should default be made in the payment of [the first-lien] note, or any part thereof, principal or interest, as the same shall become due
and payable, or in any of the covenants of the Deed of Trust securing the same, the
indebtedness evidenced by this $160,000.00 note, at the option of the holder
hereof, shall at once become due and payable.
The deed of trust contained the following acceleration clause:
[G]rantor expressly covenants and agrees that should default be made in the
payment of [the first-lien] note, or any part thereof, principal or interest, as the
same shall become due and payable, or in any of the covenants of the Deed of
Trust securing the payment thereof, the indebtedness evidenced by the $160,000.00
note hereby secured, at the option of the holder thereof, shall at once become due
and payable.
The modification agreement did not expressly provide for acceleration on such a
default. The modification agreement, however, stated in paragraph seven: "All terms and
provisions of the Note and Deed of Trust, except as specifically modified in this Agreement, shall
remain in full force and effect."
When a contract is modified by mutual consent of the original parties, it becomes
a new agreement, which takes the place of the old and consists of the new terms and as much of
the old as the parties have agreed shall remain unchanged. Maddox Motor Co. v. Ford Motor
Co., 23 S.W.2d 333, 338 (Tex. Comm. App. 1930, holding approved); Greenbelt Elec. Coop.,
Inc. v. Johnson, 608 S.W.2d 320, 325 (Tex. Civ. App.--Amarillo 1980, no writ); Texas Co. v.
Waggoner, 239 S.W. 354, 357 (Tex. Civ. App.--Amarillo 1922, no writ). The effect of paragraph
seven of the modification agreement was to incorporate into the new agreement all consistent
provisions of the original note and deed of trust.
The purpose of the note and deed of trust was to effect a loan of money to
appellees secured by a second lien on real property; these documents therefore set out the terms
of the loan, the covenants appellees were to perform, and the remedies for breach of the
covenants. The purpose of the modification agreement was to restructure the payment terms of
the note in view of the decline in the local real estate market and appellees' difficulty in meeting
their obligations under the first- and second-lien notes. The provisions in the note and deed of
trust for acceleration if appellees defaulted on their first-lien note are not inconsistent with any
term of the modification agreement. We determine that the contract as modified is unambiguous
and that it retained these acceleration provisions. Because the construction of an unambiguous
written instrument is a question of law for the court, we hold that as a matter of law the contract
authorized acceleration on default in the first-lien note. City of Pinehurst, 432 S.W.2d at 518.
Appellees argue that the modification agreement prohibited acceleration on default
in the first-lien note because, while it included a clause authorizing acceleration on sale of the
collateral, it omitted a clause authorizing acceleration on default in the first-lien note. By applying
the rule that consistent terms are incorporated into the modified agreement, however, we conclude
that the loan documents authorized appellants to accelerate the note if appellees defaulted in paying
their first-lien note even though the modification agreement did not explicitly repeat the clause
authorizing such acceleration. Crown W. Inv., Inc., 504 S.W.2d at 789. Because we sustain
point of error five, we do not address points one through four and six through nine.
In point of error sixteen, appellants contest the trial court's conclusion that their
failure to give notice of intent to accelerate defeated their demand for acceleration. Appellants
argue that as a matter of law appellees agreed to waive their right to notice of intent to accelerate.
The harshness of the option of acceleration requires that the terms of the option and
notice to the debtor be strictly construed and that a waiver of the notice of intent to accelerate be
clear and unequivocal. Shumway v. Horizon Credit Corp., 801 S.W.2d 890, 893 (Tex. 1991).
The parties' original note provides: "Maker and each surety, endorser, and guarantor waives all
demands for payment, presentations for payment, notices of intention to accelerate maturity,
protests, and notices of protest." The parties do not dispute the clarity of this language in waiving
notice of intent to accelerate; rather, they dispute its applicability to acceleration in this case based
on its placement within the loan documents.
The waiver quoted from the note followed a sentence authorizing acceleration on
default in paying the second-lien note. The loan documents contained only this waiver of notice
of intent to accelerate. The note, deed of trust, and modification agreement each contained other
clauses allowing acceleration under various conditions, such as default on the first-lien note, sale
of the collateral, and bankruptcy. Appellees argue that because a waiver of notice of intent to
accelerate did not appear next to the clause authorizing acceleration on default in the first-lien
note, such notice was not waived.
In express terms, appellees agreed to waive "all demands for payment,
presentations for payment, notices of intention to accelerate maturity, protests, and notices of
protest." It is standard English syntax that when "all" precedes the first in a series of nouns that
have no other modifier, it applies to each noun in the series, as in the example, "All shoes, hats,
and belts will be on sale tomorrow." E.g., Holliday v. Smith, 458 S.W.2d 106, 110-11 (Tex.
Civ. App.--Corpus Christi 1970, writ ref'd n.r.e.) (provision in will, "I give and bequeath to my
son, . . . all cash, notes, bonds and any and all other personal property," devised all personal
property to son).
The parties' use of the plural indicates that the waiver extended to acceleration
under each acceleration clause in the loan documents. Placing this waiver next to only one of
several acceleration clauses does not limit its application to acceleration under that clause alone.
Appellees clearly and unequivocally agreed in the loan documents to waive notice of intent to
accelerate. We conclude that the waiver of notice of intent to accelerate is unambiguous and that,
as a matter of law, appellees agreed to waive this notice if they defaulted on the first-lien note.
We sustain point of error sixteen. Because of our disposition of this point, we do not address
point of error fifteen.
In point of error eleven, appellants contest the trial court's conclusion that the
parties' agreement to defer payment of the balance of the note to March 21, 1996, estopped
appellants from acceleration. Appellees claim that their affirmative defense of estoppel was based
on estoppel by contract. Under this theory, a party to a contract cannot take a position
inconsistent with its provisions to the prejudice of another. Ex parte Payne, 598 S.W.2d 312, 317
(Tex. Civ. App.--Texarkana 1980, orig. proceeding); Hawn v. Hawn, 574 S.W.2d 883, 886 (Tex.
Civ. App.--Eastland 1978, writ ref'd n.r.e.). Appellees contend that they had a clear and
unequivocal right under the modification agreement to postpone payment until March 21, 1996,
and that appellants' asserted right to accelerate imposes a condition on the contract inconsistent
with its terms.
The parties did not agree when they modified the note that the balance of the debt
was unconditionally due on March 21, 1996. We have determined that the parties' agreement
unambiguously allowed appellants to declare the balance due if appellees defaulted in paying the
first-lien note. Appellees, who rely on the contract at least partially, cannot contradict its terms.
Kingsbery v. Phillips Petroleum Co., 315 S.W.2d 561, 573 (Tex. Civ. App.--Austin 1958, writ
ref'd n.r.e.). The trial court erred as a matter of law in concluding that the terms of the contract
estopped appellants from acceleration. We sustain point eleven and, because of its disposition,
do not address point ten.
In point of error twelve, appellants challenge the evidence to support the trial
court's finding that they waived the right to accelerate. The court found that appellants' inaction
after appellees' default on the first-lien note was intentional conduct inconsistent with their claim
to accelerate. Whether appellants waived the right to accelerate is a question of fact to be decided
by the factfinder. Estes v. Wilson, 682 S.W.2d 711, 714 (Tex. App.--Fort Worth 1984, writ ref'd
n.r.e.). Waiver is an affirmative defense which appellees had the burden to prove. Tex. R. Civ.
P. 94.
Appellants contest both the factual and legal sufficiency of the evidence to support
the trial court's finding. Because appellants pray only that this Court reverse the trial court's
judgment and render judgment in their favor, however, we will treat their evidentiary point as a
"no-evidence" point. Riess v. Appraisal Dist., 735 S.W.2d 633, 636 (Tex. App.--Austin 1987,
writ denied); e.g., McGowan v. Pasol, 605 S.W.2d 728, 731 (Tex. Civ. App.--Corpus Christi
1980, no writ). We review appellants' no-evidence challenge by considering only the evidence
and inferences tending to support the finding, disregarding all evidence and inferences to the
contrary. If any probative evidence supports the finding, we must uphold it. Southern States
Transp., Inc. v. State, 774 S.W.2d 639, 640 (Tex. 1989).
Appellants admit that when they agreed to modify the note in March 1988, they
knew that appellees had defaulted on the first-lien note. Appellee Martens testified that appellees
remained in default on the first-lien note from 1988 onward. By letter dated August 30, 1990,
appellants notified each appellee that appellants had exercised their option to accelerate payment
of the note.
Appellants could lose their optional right to accelerate the maturity of the note if
they acted in a manner inconsistent with that right. San Antonio Real-Estate Bldg. & Loan Ass'n
v. Stewart, 61 S.W. 386, 389 (Tex. 1901); Vaughan v. Crown Plumbing & Sewer Serv., Inc., 523
S.W.2d 72, 75 (Tex. Civ. App.--Houston [1st Dist.] 1975, writ ref'd n.r.e.). An obligee's
acquiescence in past defaults, however, waives only the option to accelerate on the past defaults.
McGowan, 605 S.W.2d at 732; Hiller v. Prosper Tex, Inc., 437 S.W.2d 412, 414 (Tex. Civ.
App.--Houston [1st Dist.] 1969, no writ). Once the obligor on a note knows that he can no longer
rely on the obligee to further waive its right to insist on strict compliance with the note, the
waiver is no longer effective. Bowie Nat'l Bank v. Stevens, 532 S.W.2d 67, 68 (Tex. 1976); In
re Marriage of Rutherford, 573 S.W.2d 299, 301 (Tex. Civ. App.--Amarillo 1978, no writ); Iden
v. Lippard, 166 S.W.2d 185, 186 (Tex. Civ. App.--Waco 1942, no writ).
The supreme court has held that an obligee's oral notice to the obligor that notice
of foreclosure has been posted charges the obligor with sufficient knowledge that the obligee no
longer waives its right to insist on strict compliance. Bowie Nat'l Bank, 532 S.W.2d at 68.
Appellants' August 30th letter to appellees informed them that appellants had exercised their
option to accelerate and made demand on appellees to pay the remaining principal balance within
30 days. This letter charged appellees with knowledge that they could no longer rely on
appellants to further waive their right to accelerate. E.g., Iden, 166 S.W.2d at 186 (obligor's
receipt of acceleration letter and knowledge that notice of foreclosure had been posted was
sufficient knowledge). Because appellants' initial inaction waived the right to accelerate only as
to past defaults and because appellees had sufficient knowledge that the waiver was no longer
effective, we determine that no evidence supports the finding that appellants waived their right to
accelerate on appellees' default under the first-lien note. We sustain point of error twelve.
Because of our disposition of point twelve, we do not address points thirteen and fourteen.
Because we determine that the loan documents authorized appellants to accelerate
the maturity of the note, we overrule appellees' cross-points concerning breach of contract.
In point of error seventeen, appellants argue that the trial court erred in failing to
grant their motion for leave to file a second trial amendment, which concerned attorney's fees.
In their original petition, appellants alleged that the note provided for reasonable attorney's fees.
The note stipulated that reasonable attorney's fees were ten percent of the amount due, unless
either party pleaded otherwise. At trial, appellants' attorney testified that appellants agreed to pay
him a contingent fee of one-third of the amount recovered if trial were necessary, plus separate
amounts for opposing a motion for new trial and pursuing an appeal and application for writ of
error. He further testified that this fee was a reasonable and necessary attorney's fee in Austin,
Travis County, Texas. Appellees did not object to appellants' evidence.
After trial, but before judgment, appellants moved for leave to file a trial
amendment to conform their pleading of attorney's fees to the evidence. The trial amendment is
part of the transcript on appeal and contains appellants' allegations that one-third of the recovery,
plus amounts for filing a motion for new trial and an appeal, applying for writ of error, and
presenting argument before the supreme court, was a reasonable fee in this case. The record does
not affirmatively show that the court granted leave to amend.
A party may file late amendments to pleadings with leave of the court; the court
must grant leave unless the opponent shows surprise. Tex. R. Civ. P. 63; see Greenhalgh v.
Service Lloyds Ins. Co., 787 S.W.2d 938, 939-40 (Tex. 1990). Rule 63 is to be liberally
construed. Unless the record affirmatively shows that the court refused to file the amended
pleading or the opposing party has shown surprise, leave to file is presumed. Lee v. Key West
Towers, Inc., 783 S.W.2d 586, 588 (Tex. 1989); Goswami v. Metropolitan Savings & Loan
Ass'n, 751 S.W.2d 487, 490 (Tex. 1988). Here, the record does not affirmatively show that the
court refused to file appellants' amendment. Appellees showed no surprise or prejudice. We
therefore presume that the court granted leave to file the amended pleading. We overrule point
of error seventeen.
In point of error eighteen, appellants contend that the trial court erred in failing to
award attorney's fees. Appellants seek attorney's fees as provided in the parties' contract. The
maker of a note that provides for an attorney's fee is not liable for the fee unless he is in default.
Ware v. Paxton, 266 S.W.2d 218, 227 (Tex. Civ. App.--Eastland 1954, writ ref'd n.r.e.).
Because we do not determine whether appellants have prevailed on their claim for payment on the
note, we overrule point of error eighteen.
Our determination that the loan documents authorized appellants to accelerate, that
notice of intent to accelerate was waived, and that neither waiver nor estoppel applies requires a
reversal of the trial court's judgment. See Tex. R. App. P. 81(b)(1). To recover on the note,
however, appellants had to prove appellees' failure to pay the amount due. Pierson v. Pierson,
128 S.W.2d 108, 112 (Tex. Civ. App.--Amarillo 1939), rev'd on other grounds, 150 S.W.2d 788
(Tex. 1941). The trial court did not find that appellees failed to pay. We therefore reverse the
judgment of the trial court and remand the cause for further proceedings consistent with this
opinion.
[Before Justices Powers, Aboussie and B. A. Smith]
Reversed and Remanded
Filed: September 16, 1992
[Do Not Publish]
| 2024-04-13T01:27:17.760571 | https://example.com/article/4200 |
Cerebral mapping of apraxia in Alzheimer's disease by positron emission tomography.
The ability to mimic skilled movements or to pantomime them in response to spoken command was compared with psychometric performance and with regional glucose utilization as estimated by [18F]fluorodeoxyglucose positron emission tomography in 17 right-handed patients with Alzheimer's disease and 6 age-matched normal subjects. Apraxia scores, both on tests to command and to imitation, were significantly lower in the Alzheimer patients. Imitation scores correlated best with performance on tests of visual--spatial ability and with cortical metabolism in the right parietal lobe; command scores related most closely with the results of tests reflecting verbal proficiency and with cortical metabolism in the left inferior hemisphere, especially frontally. Apraxia to command and imitation may thus reflect neuronal dysfunction in distinct cerebral regions in patients with Alzheimer's disease. | 2023-11-13T01:27:17.760571 | https://example.com/article/4301 |
#include "ShadeGrassTexture.h"
#include "cocos/base/CCValue.h"
#include "Resources/TextureResources.h"
using namespace cocos2d;
const std::string ShadeGrassTexture::MapKey = "shade-grass";
ShadeGrassTexture* ShadeGrassTexture::create(ValueMap& properties)
{
ShadeGrassTexture* instance = new ShadeGrassTexture(properties);
instance->autorelease();
return instance;
}
ShadeGrassTexture::ShadeGrassTexture(ValueMap& properties) : super(
properties,
TextureObject::TextureData(
ShadeGrassTexture::MapKey,
TextureResources::ShadeGrassTexture,
Color4B(11, 30, 39, 255)))
{
}
ShadeGrassTexture::~ShadeGrassTexture()
{
}
| 2024-03-10T01:27:17.760571 | https://example.com/article/5281 |
Q:
401 error when trying to authenticate with reddit api and python 3
I'm trying to authenticate using a python 3 script without PRAW or any other wrapper. Both reddit's official documentation and what I've found searching refer to python 2's urllib utils. This is the guide I'm using to write the code.
I've set up in my reddit profile an application configuration for a script application. Extracted from it both app_password and app_id. I'm also using my reddit account credentials, user_id and user_psw, in order to authenticate as displayed in the guide previously linked.
This is my code:
import urllib.request as request
import urllib.parse as parse
pman = request.HTTPPasswordMgrWithDefaultRealm()
pman.add_password(None, "https://reddit.com",
app_id,
app_password)
handler = request.HTTPBasicAuthHandler(pman)
opener = request.build_opener(handler)
request.install_opener(opener)
# headers
d = {"grant_type": "password",
"username": user_id,
"password": user_pass}
post_data = parse.urlencode(d).encode("utf-8")
headers = {"User-Agent": "QuickParsingScript/0.1 by user_id"}
response = request.Request("https://reddit.com/api/v1/access_token",
data=post_data, headers=headers)
request.urlopen(response) # urllib.error.HTTPError: HTTP Error 401: Unauthorized
I've noticed that in python 2 urllib you can POST using a dictionary, but in p3's Request you have the following restriction:
The supported object types include bytes, file-like objects, and iterables.
I'm using urllib.parse.urlencode() because I found a SO talking about moving http auth calls and general urllib operations from a p2 codebase to a p3 one. So it might be an encoding problem? I've also thought about the password manager using "https://reddit.com" as uri rendering my request invalid but I don't know how to check whether the root cause comes from there or not.
A:
Try "https://www.reddit.com" and "https://www.reddit.com/api/v1/access_token", respectively. I believe reddit returns 301 redirect for your request.
Answered on r/redditdev.
| 2024-05-09T01:27:17.760571 | https://example.com/article/3267 |
Last updated on .From the section Football
Ex-Premier League player Pascal Chimbonda is set to feature for Market Drayton in a pre-season friendly.
The 34-year-old ex-France defender will play for the Northern Premier League Division One South side against Notts County at Greenfields on Wednesday.
The former Tottenham, Sunderland, Wigan Athletic, QPR and Blackburn Rovers right-back is without a club having left Doncaster Rovers over a year ago.
Who is Lee Ebden? Market Drayton Town manager Lee Ebden is one of the youngest football managers in the country, aged 29
Chimbonda worked under Market Drayton assistant Chris Hutchings at Wigan.
Ex-Chelsea, Brighton, Huddersfield Town and Walsall defender Hutchings, 56, is now number two to manager Lee Ebden at North Shropshire side Drayton.
Hutchings had his biggest success in management as assistant to Paul Jewell at Bradford City and Wigan.
He later went on to manage both clubs, before taking caretaker charge of Derby County following Jewell's sacking at Pride Park in December 2008.
Hutchings, who spent two years as manager of Walsall until January 2011, most recently had a spell as caretaker boss at Ipswich Town last season.
Jewell took Chimbonda to Wigan from French side Bastia in 2005, before selling him to Spurs for a reported £4.5m just one year later.
Chimbonda said on Twitter: external-link "Game tomorrow with Market Drayton. I thank them for letting me have a fitness game. Will be a very interesting game against a League One team."
On Monday, he tweeted: "Can't wait to find a team... I still have a lot to give." | 2023-10-11T01:27:17.760571 | https://example.com/article/1363 |
Cylinders for transporting compressed gas such as oxygen, nitrogen, carbon monoxide and carbon dioxide, to name but a few, may come in small to medium sizes and are frequently transported in pairs by hand cart to and from their point of use.
The pressure control valve and access tubing are usually screwed on to a valve fitting, located on the necked end of the cylinder, at the point of use, and the cylinders, frequently in the size range four and one half inches diameter to nine inches diameter are stood upright on their base.
Transportation of the cylinders, which may each weigh as much as about 270 pounds is generally effected by two-wheeled hand truck. In order to insert the base plate or step portion of the truck beneath the cylinders, it is first necessary to move the cylinders away from the wall of their work station, in order to enable them to be tilted rearwardly on their base, for insertion of the truck base plate or step therebeneath.
Such removal and manipulation is characteristically effected using the neck of the cylinder, and frequently the cylinder control valve, for maximum convenience and control, frequently to the detriment of the control valve.
Also, in removing the cylinders, whether full or empty from off the truck step, for stacking on a truck, or for use at a work station, the hands of the operator are in jeapardy when carrying out the operation in close quarters, due to the need to support the bottles from behind as they are tipped forward and slid off from the step.
It will further be recognized that careless handling of the cylinders presents the likelihood of damage to the cylinders and more particularly the shut-off valves, and even an outside possibility of gas leakage or cylinder rupture. | 2024-01-20T01:27:17.760571 | https://example.com/article/9678 |
Q:
Y scroll event listener useEffect
My code underneath is a simple React component that sets a new state upon scrolling the page down. If the Y scroll exceeds a certain position it will set another state to true.
const [ scrollPosition, setScrollPosition ] = useState(0);
const [ confetti, setConfetti ] = useState(false);
useEffect(
() => {
window.addEventListener('scroll', handleScroll, { passive: true });
check();
return () => {
window.removeEventListener('scroll', handleScroll);
};
},
[ scrollPosition ]
);
const handleScroll = () => {
const position = window.pageYOffset;
setScrollPosition(position);
};
const check = () => {
if (scrollPosition > 400) {
setConfetti(true);
}
if (scrollPosition < 401) {
setConfetti(false);
}
};
Everything is working smoothly as expected but I was just wondering if there is a less expensive way of doing this. Re-rendering the page every time Y scroll changes seems like a very inefficient way to run this code. I don't think throttling would be a good idea either as there might be a delay when a user scrolls down really fast.
Thanks to anyone who can help!
A:
You don't need to save the scroll position in the state.
useEffect(() => {
window.addEventListener("scroll", handleScroll, { passive: true });
return () => {
window.removeEventListener("scroll", handleScroll);
};
}, [scrollPosition]);
const handleScroll = () => {
const position = window.pageYOffset;
if (position > 400) {
setConfetti(true);
}
if (position < 401) {
setConfetti(false);
}
};
| 2024-01-07T01:27:17.760571 | https://example.com/article/3387 |
2012 Asian Airgun Championships
The 2012 Asian Air Gun Championships were held in Nanchang, China between December 12 and December 18, 2012.
Medal summary
Men
Women
Medal table
References
General
ISSF Results Overview
Specific
External links
Official Results
Category:Asian Shooting Championships
Asian
Shooting
Category:2012 in Chinese sport
Category:Shooting competitions in China
Category:Sport in Nanchang | 2023-10-18T01:27:17.760571 | https://example.com/article/2926 |
1. Field of the Invention
This invention relates to a suspension system for use with automobiles and other vehicles.
2. Description of the Prior Art
Various types of suspension systems incorporating shock absorbers have been developed to absorb the shocks vehicles encounter on the road.
The drawback with these conventional suspension systems is to sacrifice either riding comfort or steering stability.
To provide a comfortable ride, suspensions must be elastic (or "soft"). But soft suspensions inevitably lower handling stability.
If a vehicle with a soft suspension runs over an upward step (including a bulge) or a downward step (including a depression) on the road, the car body may pitch or bounce uncomfortably, and further the riding comfort is lowered and some parts of the vehicle might be damaged with the suspension either over-compressed or over-stretched.
Among the prior art, a Japanese Patent Application whose early publication number is 53-26021, discloses a suspension system wherein the spring constant of a suspension is adapted to be increased when the stroke amount (=the moving distance of a wheel with respect to a car body) exceeds a preset value. This suspension system can prevent the car-height from lowering through hard buffering action in the case of the spring constant increased. On the other hand, however, this suspension system aggravates the upward displacement of the car-height. And further it has such a drawback that the car body continues to bounce uncomfortably for a rather long time after the car passed a step (e.g., a depression or bulge) on the road. | 2024-05-16T01:27:17.760571 | https://example.com/article/5272 |
[Rapid diagnosis of enterovirus 70 infection by detection of IgM antibodies with a biotin-avidin ELISA].
A biotin-avidin immunoassay was developed to detect IgM antibodies to enterovirus 70 (EV70) in sera from patients with acute hemorrhagic conjunctivitis. Biotinylated monoclonal antibody to EV70 and horseradish peroxidase-streptavidin were used in an indirect IgM capture ELISA. 40 acute- and convalescent-phase serum pairs were tested and 34 sera (85.0%) in the convalescent phase were positive for IgM antibodies. The positive rate of the method was much higher than that of the non-biotin-avidin system for EV70 (55%). Two sera in the acute phase, which were negative for neutralizing antibodies, had IgM antibodies. Two serum specimens which had been collected a third time from 2 patients during the seventh week after onset were positive for IgM, showing that EV70 IgM lasts at least for one month and a half. The biotin-avidin ELISA is sensitive and can be performed in 2 days instead of 3 days for the non-biotin-avidin method, and is useful for rapid diagnosis of EV70 infection. | 2023-08-26T01:27:17.760571 | https://example.com/article/2876 |
The invention relates generally to the treatment of masters or originals.
More particularly, the invention relates to the treatment of exposed and developed lengths of photosensitive material having a plurality of exposures. Each of the lengths further has a plurality of uncoded and/or coded exposure identification numbers imaged onto a longitudinal margin. The lengths are conveyed along a predetermined path and are sensed in a measuring station disposed along the path. Sensing of the lengths may, for example, be performed photoelectrically by illuminating the lengths via a scanning slit which extends normal to the path.
Films of small size currently in use have uncoded exposure identification numbers, and sometimes machine-readable, coded exposure identification numbers, imaged onto a longitudinal margin. By means of these numbers, a customer can identify the exposures to be copies, e.g., when ordering additional copied. To facilitate this, the German Auslegeschrift 11 85 472 describes a method in which the exposure identification numbers are read in a copier and then imprinted on the backs of the corresponding copies. The publication also discloses a simplified method for handling orders for additional copies. Here, the film is introduced into the copier and, at the same time, the exposure identification number of the exposure to be copied is inputted. The film is thereupon properly positioned in the copying station automatically and a paper copy produced.
Difficulties can arise both with the imprinting of the exposure identification number on the back of the copy and with the positioning of the film following entry of the exposure identification number. The reason is that the exposure identification number cannot always be clearly linked to the corresponding exposure.
To solve this problem, the European patent application 320 880 provides a sensor to detect the coded or uncoded exposure identification number. The publication proposes to measure the distance travelled by the number during film transport until the exposure is positioned in the copying station. The detected exposure identification number is associated with the exposure when the distance travelled lies within predetermined limits.
Problems can occur with this method also if, for instance, the distances between exposures are not equal to the distances between numbers; if individual exposure identification numbers are destroyed because of damage to the film; or if errors arise during reading of the exposure identification numbers. | 2023-11-27T01:27:17.760571 | https://example.com/article/3224 |
This invention relates generally to asset tracking systems, and more particularly to Radio Frequency IDentification (RFID) systems that employ ferrite material to shape the magnetic field pattern of an antenna-like source or detector
Asset tracking within Data Centers is important for the assistance in inventory audits, physical location identification of assets that require repair or de-commissioning, and for rack environmental management. The industry currently addresses this problem largely by the implementation of manual techniques (handwritten or Excel® spreadsheet-based physical location of assets). Some data center managers have improved upon these techniques by incorporating barcode systems into their asset tracking methods. Nevertheless, the bar code methods are manually implemented, and therefore have cost and accuracy issues, notwithstanding that they are certainly better than processes that are completely manual.
There is, therefore, a need in the IT data center market for a system that tracks assets automatically. There are a number of solutions that are emerging to satisfy this particular need (e.g., solutions that rely on wireless, GPS, image processing, and/or far field RFID). Another method or technology for automatic asset tracking utilizes near field RFID technology and can resolve where a particular asset is located down to the rack unit level within a rack or cabinet.
RFID technology offers the following benefits over manual techniques: 1) an automated method of asset tracking and reporting; 2) a lower life cycle cost; 3) numerous different types of rack IT assets that can be tracked (e.g., patch panels, blanking panels, absence of equipment); 4) greater accuracy for asset rack unit location with accurate asset attributes; and 5) automated monitoring of rack inventory for accurate environmental management Important attributes for near-field RFID methods to gain wide acceptance in the market place are low cost and simple installation (in existing and new data centers).
In using a near-filed RFID system, the RFID tag usually needs to be located a specific distance with a specific orientation in relation to the antenna array for the tag reader. However, many of the items of equipment have various contoured front panels that are employed for aesthetic purposes or to provide various release mechanisms designed to facilitate the removal of the asset from the cabinet. Due to this variety of contours, there needs to be an RFID system capable of being retrofitted easily in a wide variety of enclosures and with a wide variety of equipment. | 2024-02-21T01:27:17.760571 | https://example.com/article/9053 |
Which Way Will D Go ?
Last year we put Wanny in place b/c of his resume thinking he could turn our D around to be top flight , added Mario via FA & we all know where that went .
Enter our new coach & a D coordinator that has had a top ten D the last 4 years while working for the NYJ, the only thing is is that from what i read he was a 3/4 guy which does that mean we will be going back to that this year ?
Which that is a big question but what i was really wondering about was i have read a post about weather or not to bring back Merriman ? Seeing as he was a 3/4 LB & given the fact that MArio played a LB in the 3/4 scheme they ran in Houston it has been asked if Mario would go back to that position in Pettines D or would he change it to better fit the people he has on the roster & stay with a 4/3 base D ?
My thing is i guess if your line looked like this K. Williams - M. Dareus - A. Carrington for our front 3 could we use effectively M. WIlliams - K. Sheppard - Barnett - S. Merriman as our LB corp in what ever configuration they fit to their strengths & would that work with the players we have ?
We hopefully have a healthy T. Troup coming back which between Dareus 331 lbs & Troup 327 lbs may be able to do a good job at NT if this is the a way that they would go. I can't see Pettine completely going away from what he has been successful at & don't want him to if he can put our D in the top ten.
The year Mario got hurt while playing at the LB position he had 5 sacks in 5 games so it's not like he can't be effective the thing is keeping him happy with what he is doing, it was said that while in Houston & moved to the LB position he was not happy & would play at times with less than full effort.
yeah, I am kind of hoping they don't go 3/4 again. The Jests were 3/4 but generally rushed 4 and ran more of a 4/6 so I don't know, Scott as the thrid safety sounds better than as a LB but is it different?. They have different gap assignments for guys... It is a question I will be interested to see answered by what they do with our personnel, we don't have the LBs, CBs or safeties the Jets do (although even with Jim Leonard (sp?) they did alright and I would like to see Byrd freelance a bit more). I would think that these particular players should be better in the 4/3 and LBs are already a weakness (although maybe we could put Barrnet back in the middle where he didn't suck 2 years ago).
Yay, another thread talking about the fear of going back to a 3-4!!! This, despite the fact our new D coordinator coached a team that shows multiple looks and variations on the 46 defense all the time!
I think the front should be Mario, Dareus, Carrington with KW being a rotational player. As far as I'm concerned, they are starting from scratch at LB. Maybe Bradham can play, but I wouldn't lose sleep over cutting the rest. I think you are going to see Cal Pace in a Bills uniform. Then the rest is up to draft and FA.
They now need a hybrid LB and another Carrington type DE. And, depending on Troupe, another wide body.
Yay, another thread talking about the fear of going back to a 3-4!!! This, despite the fact our new D coordinator coached a team that shows multiple looks and variations on the 46 defense all the time!
And hardly anyone even read your sensible statement, apparently, because they still went on about it after... | 2024-05-09T01:27:17.760571 | https://example.com/article/7894 |
Putin-Nazi Paranoia
They’re out there. Trump-loving, Assad-apologist, Putin-Nazi sleeper agents, posing as regular normal Americans. They could be anyone. They could be your neighbors, the guys in the copy room, your Uber drivers, even some of your Twitter followers. They’re sitting there, right now, glued to their televisions, waiting for Jewish Nazi law clerks to perform a series of secret hand signs, blinks, hiccups, sneezes, coughs, and almost undetectable, low-frequency flatulence that will signal the launch of the “Attack on America.” It could come at any moment now.
Zina Bash is definitely one of them. Don’t let her Mexican-Jewish ancestry, or the fact that her grandparents were Holocaust survivors, fool you into thinking otherwise. She made that “OK” sign at the Kavanaugh hearings, which, all right, apparently wasn’t the cue for the millions of American Putin-Nazis to rip off their rubbery masks of normality and storm into the streets in their polo shirts singing Tomorrow Belongs to Me … but it was somekind of secret Nazi code.
Certainly, Alex Jones is one of them. Why else would patriotic global corporations like Apple, Facebook, Twitter, and YouTube suddenly ban him from all their platformsafter allowing him to spew his bile there for years? It’s probably only a matter of time until Google’s “algorithms” unperson him entirely (at which point I’ll receive instructions to delete any reference to him in this essay, or risk being further deranked myself. I will, of course, comply immediately, as no one despises Alex Jones more than I, even though, oddly, I’ve never watched him. Thank God for that, as who knows how my mind could have been permanently warped by whatever Nazi content he’s been forcing less fortunate Americans to consume!)
And then, God help us, there’s Jeremy Corbyn and his genocidal communist Nazi Death Cult! If he isn’t one of them, no one is. If you haven’t been following the British media, the story is, basically, that Jeremy Corbyn is a terrorist-loving, anti-Semitic, conspiracy theorizing, racist traitor to everything the British ruling classes stand for, and has transformed the UK Labour Party into a homicidal mob of Jew-hating brownshirts. Gangs of slavering Corbyn-Nazis are roving the lanes of Kensington and Knightsbridge accusing Jews of lacking irony and saying mean things about the State of Israel. British Jews have been advised to flee the countryor to shelter in place until the tabloids, The Guardian, the ruling classes, and Tony Blair can hound this Hitlerian devil out of office, which, the way things are going, should be any day now.
Meanwhile, the British soldier on under the imminent threat of Putin-Nazi Novichok perfume assassin hit squads, which Putin could send at any moment directly from Moscow to Gatwick Airport to incompetently attempt to murder their targets by spraying the deadliest nerve agent in existence onto the doorknobs of their suburban homes and then stroll around getting filmed by every CCTV camera in Britain. As far as I know, the British tabloids haven’t yet published surveillance photos of Corbyn welcoming the Skripal assassins at Gatwick with a wreath, or a bottle of Stolichnaya (and wearing his Russian-stooge hat, of course), but I won’t be terribly shocked when they do.
And the Putin-Nazis are not just on the march in the United States and Great Britain. They’re coming out of the woodwork in Europe! As I’m sure you’re aware, here in Germany, in a city called Chemnitz in the Free State of Saxony, which has never had any kind of Nazi problems (except for the fact that the entire region has been infested with neo-Nazis for decadesand is generally known here as Neo-Nazi Central), thousands of just regular foreigner-hating “Volk” joined a few hundred neo-Nazis in marching around with German flags, barking xenophobic slogans, heiling Hitler, harassing assorted “non-German-looking” human beings, and various other forms of “protest.” Such unprecedented eruptions of Nazism occur on a regular basisin Saxony, albeit on a smaller scale, so it was rather awkward for the corporate media to link the events in Chemnitz to Trump, but nevertheless they managed to sneak a few references to his “emboldenment” in. The best they could do to tie in to Putin was to publish a lot of photos of skinheads hanging around that humongous statue of Marx in the center of Chemnitz’s central square, because, you know, Putin, Trump, Marx, Stalin, Assad, Saddam, Gaddafi … whoever, they’re all just different brands of Hitler!
Seriously, though, all comedy aside … I have to hand it to David Brock, or Jennifer Palmieri, or whoever it was that came up with the Putin-Nazi narrative. OK, granted, the Putin part hasn’t quite worked, except on die-hard Obama disciples, Hillary-worshippers, and other bull-goose loonies, but the Nazi stuff is going gangbusters … and not just with the liberal public (because that has always been an easy sell), but also with the more leftist left. It has taken a while, but we’ve arrived at the stage where even “hardcore anti-capitalist leftists” are dedicating most of their time and energy to calling Donald Trump a fascist, and likening him to Hitler, and so on, over and over, and over again, in increasingly exasperated tones. Why, in Marx’s name, these leftists want to know, won’t other leftists join the chorus of voices screaming, “TRUMP IS A FASCIST!” in all caps on a daily basis? How could these other leftists not see that this is not the time to attack the corporate media, the “intelligence community,” global corporations, or anyone other than DONALD TRUMP, who is LITERALLY ADOLF FUCKING HITLER?
Anthony DiMaggio’s recent essay in CounterPunchis a prime example of the effect the Putin-Nazi paranoia is having on leftists. According to DiMaggio, Donald Trump, by tweeting mean things about Attorney General Sessions and bombastically threatening The New York Times,is no longer just a normal fascist. He is now officially a “full-on fascist,” or a “real world fascist,” or a super duper fascist! DiMaggio doesn’t have any qualms about the deep state, or rather, the steady state, sabotaging an elected president (or at least pretending to be doing do so in print), because, well, you know, “the stakes are far higher” than mere democracy, what with Hitler in the White House. William Kristolwould agree wholeheartedly.
But calling Trump a fascist again is just an overture for DiMaggio’s main theme, which is that it’s time to unite the left against the growing Putin-Nazi threat. See, the problem is not just the Putin-Nazis. It is also the fellow Putin-Nazi travellers, and the Assadists, and the Red-Brown infiltrators! Yes, you know who we are, do you not? Glenn Greenwald is our leader, naturally, but Caitlin Johnstone is second-in-command. We refer to her in our secret meetings as “Caity, Queen of the Putin-Nazis.” DiMaggio links to a helpful list of other traitorous Strasserist spies compiled by the crackpot Louis Proyect, folks like Norman Finkelstein, Mike Whitney, Diana Johnstone, Patrick Cockburn, Tom Engelhardt, and Michael Hudson, whose essays have been published in The Unz Review, which also publishes a lot of “alt-right,” racist, and anti-Semitic essays. (Full disclosure: Proyect contacted me, demanding to know how I can allow my work to appear on a Nazi website like Unz, but I ignored him, as I assumed he was just trolling me, again, but it appears he was fishing for incriminating comments for his groundbreaking piece of investigative journalism. In any event, I seem to have escaped inclusion on his Red-Brown blacklist. For the record, I’m with Norman Finkelstein. I don’t stop anyone from reposting my essays, no matter what I think of their other contributors. I wouldn’t even stop The New York Times from publishing my stuff, though, of course, they never would, and they publish actual mass murdering war criminals.)
Anyway, according to Anthony DiMaggio, “leftists who focus on the propagandistic nature of the corporate media, while shilling for the far right and failing to condemn right-wing fascism, provide comfort to the reactionary right’s efforts to suppress journalistic freedom.” Well, Jesus, I wouldn’t want to do anything like that. I hope DiMaggio will follow up with a breakdown of exactly how many times I need to call Donald Trump a fascist before I am allowed to criticize the propagandistic nature of the corporate media, or the global capitalist ruling classes, or any type of “full-on fascism” that doesn’t neatly fit into his simplistic category … like the type that seeks to impose a regime of anus-puckering ideological conformity on those it determines are members of its camp, and that gets off punishing deviations from its norms.
Look, the truth is, I don’t like Donald Trump. I haven’t liked him for about thirty years. I have no problem whatsoever with leftists like DiMaggio calling him names until they’re blue in the face if that makes them happy. What I do find troubling is the growing atmosphere of neo-McCarthyite paranoia which has been gradually spreading into leftist quarters, and the witch-hunting, and the Putin-Nazi-baiting, and the compiling and distributing of pseudo-blacklists, and the cheering on of global corporations as they ideologically sterilize the Internet. We get enough of that from the corporate media. So how about we lighten up on the paranoia, let the global capitalist ruling classes finish destroying Donald Trump, and maybe think about what the left has to offer as an alternative to the global-corporate, post-“fascist,” neo-feudal future. While it might not feel like it at the moment, it’s coming … we’ll be there before you know it.
ABOUT THE AUTHOR
DISCLAIMER: The preceding essay is entirely the work of our in-house satirist and self-appointed political pundit, CJ Hopkins, and does not reflect the views and opinions of the Consent Factory, Inc., its staff, or any of its agents, subsidiaries, or assigns. If, for whatever inexplicable reason, you appreciate Mr. Hopkins’ work and would like to support it, please go to his Patreon page (where you can contribute as little $1 per month), or send your contribution to his PayPal account, so that maybe he’ll stop coming around our offices trying to hit our staff up for money. Alternatively, you could purchase his satirical dystopian novel, Zone 23, which we understand is pretty gosh darn funny, or any of his subversive stage plays, which won some awards in Great Britain and Australia. If you do not appreciate Mr. Hopkins’ work and would like to write him an abusive email, please feel free to contact him directly.
2 comments
gbossa_25September 24, 2018 - 12:14 am
CJ continues to be spot-on with the best political satire/commentary going. Because of this we can now add his name to the list of those the Counterpunch editors have deemed either “too progressive,” or perhaps “not Putin-Nazi obsessed enough” to print.
We can add CJ to Diana Johnstone & Andre Vltchek who were both banned earlier this year. CJ is in excellent company, with all three writers being stellar examples of true progressive journalism independent of either corrupt political party. Counterpunch meanwhile continues its free fall into total irrelevance. At least we all know where to go if we want to find out what musical acts Jeffery St-Clair is “listening to” these days – you can’t make this stuff up.
It is a mad, mad mad world. C.J. Hopkins unravels the inherent fascism in the denunciations of Trump cum suis (one may detest him or not). A little learning goes a long way and if these adversaries of the present regime would read a bit of European history (the US is as always behind the times) one would encounter exactly that sort of shaming president and Kavanaugh from tales of the Nazi Reich. Fascist techniques were to shame unbelievers into submission by personal attacks which humiliated them and could not be counterproved. A direct real example was the practice by the so-called People’s Court (sound familiar?) to have the male accused appear without belts in their pants so that they had to hold them up constantly to not expose their shanks and other body parts. Personal attacks and humiliation do not ever make a revolution, they create intense resentment and more. Let us then stop screaming at flakey senators in elevators but organize as a bloc of determined men and women to end not only class differences but also discrimination and servitude for once and for good by concerted and well-planned action. That is far less of a Utopian idea than the sit-ins, the marches and confronting the elites in their lairs.
Dear (Damned) Democrats
Truth, at last.
This is what the plutocracy that Kissinger serves really thinks of the military. All that praise and worshipping on the media is just a thick curtain of hypocrisy to maintain morale among the deceived imperial troopers.
It ennobles our lives.
Política y cultura hispánica
Nuestra nueva sección en castellano. Haga click en la imagen.
READ OUR DISCLAIMER
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Disclaimer: The contents of articles published on The Greanville Post are of sole responsibility of the author(s). The Greanville Post, a publication of The Voice of Nature Network, Inc., (VNN), a not-for-profit 501 (c) (3) corporation, will not be responsible for any inaccurate or incorrect statement in this article. The Greanville Post grants permission to cross-post original The Greanville Post articles on community internet sites as long as the text & title are not modified. The source and the author's copyright must be displayed. For publication of The Greanville Post articles in print or other forms including commercial internet sites, contact: greanville@gmail.com
THE GREANVILLE POST contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues, and the furtherance of peace and social justice, the defence of our planetary ecosystems, and the prevention and eventual elimination of human abuse, exploitation,.and cruelty toward any and all non-human species The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. | 2024-04-01T01:27:17.760571 | https://example.com/article/1630 |
Charlie Hoover
Charlie Hoover is an American sitcom which aired on Fox from November 9 to December 28, 1991, starring Tim Matheson in the lead role and Sam Kinison, Lucy Webb and Bill Maher.
Synopsis
Charlie Hoover (Tim Matheson) is a man who just reached middle age when one day the voice within his head materializes in the form of Hugh (Sam Kinison), a foot-high miniature alter ego. Hugh guides Charlie on the path to getting his life in order.
Episodes
References
External links
Interview with Sam's brother Bill Kinison at Bullz-Eye.com
"Sam Kinison’s Wild Ride" at LasVegasWeekly.com
Category:1990s American sitcoms
Category:1991 American television series debuts
Category:1991 American television series endings
Category:English-language television programs
Category:Fox Broadcasting Company original programming
Category:Television series by Sony Pictures Television
Category:Television shows set in New York City | 2023-09-08T01:27:17.760571 | https://example.com/article/5308 |
heather marks
Heather Marks is about to spend the next week stomping around the runways here in New York (and three weeks after that sashasying through Europe)...so how does this supermodel prepare her beautiful bod? Read her full one-week food diary to find out (spoiler: She eats mashed potatoes!). read more | 2024-07-25T01:27:17.760571 | https://example.com/article/6604 |
755 F.2d 937
U.S.v.Anderson
84-5130
United States Court of Appeals,Ninth Circuit.
2/20/85
1
S.D.Cal.
AFFIRMED
| 2023-08-15T01:27:17.760571 | https://example.com/article/3660 |
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El Pingo
El Pingo or San Julián is a village and municipality in Entre Ríos Province in north-eastern Argentina. The town was formed around El Pingo station.
Geography and Population
El Pingo is located in the center-west sector of the province of Entre Ríos, from the city of Paraná; separates it from Buenos Aires, the federal capital of the country.
The local population in the rural area in 1991 was 559, which grew to 679 in 2001. The population of the governing board's jurisdiction was 903 inhabitants in 2001.
Economics
El Pingo's main economic is the production of cereals using grains, such as corn, sunflower, soy, and sorghum. It also highlights the livestock activity.
Climate
The average temperature of El Pingo is . The average annual rainfall is per year.
Pampero and Sudestada winds occur often, and north, east, and west winds are less frequent.
Flora and Fauna
In this zone the existence of espinillos stands out, ñandubay, tala algarrobo, chañar, molle, and shade of bull. Previously this was an area of mountains that advanced to the center of the province.
References
Category:Populated places in Entre Ríos Province | 2024-03-27T01:27:17.760571 | https://example.com/article/1530 |
Expression of antimicrobial peptides such as LL-37 and hBD-2 in nonlesional skin of atopic individuals.
Recurrent skin infection is one of the major complications of atopic dermatitis and can be partly explained by decreased expression of antimicrobial peptides such as human beta-defensin-2 and cathelicidin (LL-37). In the human epidermis, human beta-defensin-2 is packed in the lamellar body and LL-37 is co-localized with intercellular lipid lamellae of the stratum corneum; together, these antimicrobial peptides constitute the primary defense system. IL-1alpha, a potent inducer of LL-37 and human beta-defensin-2, is also secreted from the disrupted epidermis for barrier homeostasis. In this study, we investigated whether expression of human beta-defensin-2 and LL-37 is constitutively decreased in the skin of atopic individuals. Nonlesional foreskins from atopic (n=7) and nonatopic (n=7) individuals were analyzed. The expression of LL-37, human beta-defensin-2 and IL-1alpha was analyzed using immunohistochemical staining, Western blot, and real-time polymerase chain reaction. Lamellar body density and secretion were evaluated by electron microscope. Quantitative analysis showed that the expression of each parameter was not significantly different between groups. Thus, basal expression of LL-37 and human beta-defensin-2 was not changed in atopic individuals. These results indicate that the expression of antimicrobial peptides at baseline was not different between nonlesional skin of atopic individuals and normal skin of nonatopic individuals. | 2024-05-28T01:27:17.760571 | https://example.com/article/9312 |
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RON KRAMER, SAL ABRAHAM, AND
THERMOLIFE INTERNATIONAL LLC,
Plaintiffs-Appellees,
v.
CREATIVE COMPOUNDS, LLC,
Defendant-Appellant.
------------------------
CREATIVE COMPOUNDS, LLC,
Plaintiff-Appellant,
v.
RON KRAMER AND SAL ABRAHAM,
Defendants-Appellees.
______________________
2014-1284
______________________
Appeals from the United States District Court for the
District of Arizona in Nos. 2:11-cv-01965-JAT and 2:11-cv-
02033-JAT, Judge James A. Teilborg.
______________________
JUDGMENT
______________________
NELSON D. NOLTE, of Manchester, Missouri, argued
for Creative Compounds, LLC.
GEOFFREY S. KERCSMAR, Kercsmar & Feltus, PLLC, of
Scottsdale, Arizona, argued for Ron Kramer, et al. With
him on the brief was GREGORY B. COLLINS.
_____________________
THIS CAUSE having been heard and considered, it is
ORDERED and ADJUDGED:
PER CURIAM (MOORE, REYNA, and CHEN, Circuit Judg-
es).
AFFIRMED. See Fed. Cir. R. 36.
ENTERED BY ORDER OF THE COURT
October 15, 2014 /s/ Daniel E. O’Toole
Date Daniel E. O’Toole
Clerk of Court
| 2024-05-25T01:27:17.760571 | https://example.com/article/7055 |
Synthetic ligands for apo-neocarzinostatin.
Neocarzinostatin (NCS) is a 1:1 complex of an enediyne chromophore (NCSChrom), non-covalently bound to an 11 kDa protein (apoNCS). We are exploring apoNCS as a generic protein system for sequestering small molecules for therapeutic applications. Here, we disclose a new flavone ligand 1 for apoNCS and present a high-resolution NMR structure of this ligand bound to apoNCS. This is the first high-resolution structure of a completely non-cognate ligand bound to the apoNCS protein. This work provides unambiguous evidence that a completely new class of ligand can bind specifically to apoNCS. Furthermore, the mode of binding is different than that of the naphthoate-based ligands, and for such a simple hydrophobic compound, the new ligand surprisingly binds specifically. This work indicates that apo-Neocarzinostatin has multiple selective and distinct binding modes for small-molecule cargo. | 2024-02-05T01:27:17.760571 | https://example.com/article/7511 |
Acoustic scattering in dispersions: improvements in the calculation of single particle scattering coefficients.
Measurements of ultrasound speed and attenuation can be related to the properties of dispersed systems by applying a scattering model. Rayleigh's method for scattering of sound by a spherical object, and its subsequent developments to include viscous, thermal, and other effects (known as the ECAH model) has been widely adopted. The ECAH method has difficulties, including numerical ill-conditioning, calculation of Bessel functions at large arguments, and inclusion of thermal effects in all cases. The present work develops techniques for improving the ECAH calculations to allow its use in instrumentation. It is shown that thermal terms can be neglected in some boundary equations up to approximately 100 GHz in water, and several simplified solutions result. An analytical solution for the zero-order coefficient is presented, with separate nonthermal and thermal parts, allowing estimation of the thermal contribution. Higher orders have been simplified by estimating the small shear contribution as the inertial limit is approached. The condition of the matrix solutions have been greatly improved by these techniques and by including appropriate scaling factors. A method is presented for calculating the required Bessel functions when the argument is large (high frequency or large particle size). The required number of partial wave orders is also considered. | 2024-01-12T01:27:17.760571 | https://example.com/article/9839 |
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It's finally here. Benefit is partnering exclusively with Sephora and bringing their famous Benefit Brow Bar to Canada. I was invited along with other media to go to the grand opening of their location in Sephora at Yorkdale Shopping Centre and check out what the Brow Bar is all about.
The Benefit Brow Bar offers a few brow shaping and facial waxing services, each take about 20-30 minutes. The Canadian Benefit Brow Bar are currently only located inside 3 Sephoras: Dix 30 in Brossard, Sherway Gardens in Toronto, and Yorkdale in Toronto as well. Each brow bar has two arch experts who are highly trained in waxing and tweezing to give their customers their unique brow shaping experience.
The consultation
Brow Mapping
All brow mapped and ready for waxing
I was growing my brow out when I got the invite, so I was glad to have it professionally shaped the very first time! Benefit Arch Expert Kelly helped me understand how their Brow Bar is different from others.
During the brow service, they explain the process clearly and communicate with us to make sure we're okay with the shape they're going for. Kelly first did a Brow Mapping on me determine my unique eyebrows. Everyone's brow shape is different and where it starts and ends, and where the arch goes based on your facial structure. Then she outline my brows and asked me if I am okay with the shape. I actually told her that I would like to keep more of my natural brow hair. The great thing about this process is that the customer can communicate their concerns to the Arch Expert so that she can address their needs with their brow shaping philosophy.
Wax!
Next, it is time to wax. I was a little nervous because it was my first eyebrow waxing experience, and obviously no one wants pain. Benefit uses a vegetarian wax for sensitive skin to minimize irritation. When they applied the wax, placed the fabric, and peeled it off, it didn't really hurt that much. It felt like someone just pinch my eyebrow, which is not nearly as bad as I thought it would be. She then proceeded to use a wax remover (that contains nuts, they check with you to see if you're allergic) to clean it up.
Half done... left brow waxed and getting ready to be filled in
The last step was to fill in my brows and make them look pretty. My natural brows are a little shorter than where they should end, so Kelly needed to "cheat" by extending them using the Benefit Instant Brow Pencil in Medium. She then brushed them through using a spooly. (If you're filling them in yourself, the Instant Brow Pencil comes with a spooly on the other end too.) Lastly, to set everything in place and make my brows look fuller, she used the new Gimme Brow in Medium to Dark (reviewed here).
My first professional brow grooming experience was nothing but impressive. I am so happy with how it turned out and I am definitely becoming a loyal Brow Wow Benebabe. I feel that $23 is a very reasonable price for the excellence service you receive. And once you found the right place to do your brows, you really don't want to change it for consistency, am I right? I'm glad that I lost my browginity to Benefit Brow Bad :P.
Just got Brow Wowed!
Afterwards, we got to chat with Benefit National Education Director Ashley Manias about their Brow Bar launch in Canada. The concept for the brow bar is model after the Sephora in Paris. Parisian women really take care of themselves including grooming. They wanted the Canadian Brow Bar to be a unique experience for the customer. Even in a busy environment ala Sephora, Benefit wants to make their customers feel special and getting all the attention from their Arch Experts.
It is no wonder that these people are called Arch Expert. Benefit is very selective when they find their candidates. They will have to have to aesthetician and have waxing experience. They went through intense training to learn everything from waxing to Benefit's signature brow shaping and product knowledge. Being good at what they do is not enough, these Benebabes have to be personable, quirky and fun to fit with the Benefit DNA.
When asked what common concern women have with their brows, Ashley said it is brows looking too thin. Through brow mapping, Arch Expert manipulate the shape of the brows and make them look fuller even when they're taking hair off. We see on runway that bushier brows are in for the past few seasons and women really starts to appreciate the look of fuller eyebrows, but this also mean more maintenance to make them look more in place. Ashley said that what make brows so important is that it really frame your face and lifts the eyes up. It makes a world of difference to have groomed brows even if you're not doing anything else special for makeup (or makeup at all).
Brow grooming is not a female privilege any more, men can also take advantage of the Benefit Brow Bar. Arch Experts would use a different technique by just trimming and light tweeze to keep them in shape. Since waxing gives a really precise line, it is not commonly use on them. They try to make the brows not too groomed to make them still look masculine.
Finally, there is the ribbon cutting ceremony, followed by catching with my blogger friends who were present at the event ^0^.
Of course their ribbon has to be girly and pink!
The giant scissors are so girly and quirky!
Taking picture of Rema taking picture
Look at my new eyebrows and glasses
Rema won the Grand Opening Pageant!
Michele got her Expert Arches... She couldn't stop raving about it!
After you get your first Brows Wowed, it is recommended to go get your brows groomed every 3-4 weeks. Before the grand opening, the Brow Bar had a soft launch 4 weeks ago and we already see returning customers to get their maintenance done. As soon as someone sits on the chair, the buzz starts and the Brow Bar just gets busy all day. So if you're interested in getting your brows groomed, you might want to check them out at the three location they currently have (Dix 30, Sherway Gardens, and Yorkdale). From what I saw, they are busy most of the time, so it might be a good idea to call in advance and get an appointment.
Until this Saturday (Oct 12), at the Benefit Brow Bar inside Yorkdale Sephora, they have having a gift with service, or GWS if you will, to celebrate their grand opening. Each customer who gets a brow service may receive a complementary Benefit makeup bag, while supplies last. So if you're thinking to get it done some time soon anyway, why not take the advantage this weekend and get a cute makeup bag. Say hi to Kelly for me if you go! | 2023-12-06T01:27:17.760571 | https://example.com/article/1116 |
2015-08-27
Free Money for Everyone! What’s the World Coming To?
From Liberia, to Tokyo, to the Cherokee Nation and Old Europe, more and more people are talking about Basic Income in all kinds of different forums. If the global economic and environmental crises have had any positive effect it would be that people are fighting back. As history has so often shown, the neediest people are those who best understand human rights (in their absence). For more than three millennia the three basic principles of human rights, freedom, justice and human dignity, have been inscribed on clay and stone tablets, parchment and paper, usually after they have been shouted for and fought for, all around the world, in streets, squares and a variety of battlefields, from Mount Vesuvius (Spartacus) to slave ships. Nobody has to be taught these principles because all humans understand them as their rights. In the concept of “universal human rights”, “universal” is redundant since the qualifier “human” means all humans. In the Universal Declaration of Human Rights (1948), it qualifies “Declaration”, suggesting the geographical scope of the proclamation rather than rights for all humans. In any case, the “universal” rights it pledged were swiftly rendered into separate “generations” of broken promises floating above and outside social and juridical institutions, without any mechanisms of guarantee and bestowed piecemeal by leaders or in the warped forms of humanitarianism and charity, although it is obvious that the generalised nature of a human right theoretically distinguishes it from any privilege confined to a group, class or caste. Now, with the obscenely growing gap between rich and poor, when it is estimated that by 2016 the richest 1% will own more than the rest of the world, the universal principle is more urgent than ever.
Basic Income is one very practical example of a universal human right. It is not just an economic measure to eradicate poverty but an income paid by the State to each member or accredited resident of a society, regardless of whether he or she wishes to engage in paid employment, or is rich or poor, independently of any other sources of income and irrespective of cohabitation arrangements in the domestic sphere. The fact that everyone receives a Basic Income doesn’t mean that everyone gains: the rich lose. How to finance it is as important as the quantity involved and we favour progressive tax reform which redistributes wealth from the rich to the rest of the population. Precisely the opposite of recent trends. In guaranteeing the most basic right of all, that of material existence, it would bring a host of side benefits, as many studies show. In the case of work, for example, it could have a major positive impact, not only in this regard but also in other spheres. With her momentous climate change alert This Changes Everything, Naomi Klein pulls together elements of science, politics, geopolitics, economics, the “stupid growth” and “stupid profits” of capitalism, “extractivism”, patriarchy, psychology, ethics and activism, inter alia, which shape the future of the planet. She concludes that there is an urgent need for valuing work that we currently don’t value and specifically mentions Basic Income, saying, “there has to be a stronger social safety net because when people don’t have options, they’re going to make bad choices”. For Klein, the “universal” sense of Basic Income is that it could help to transform the way we treat and think about our whole (social and physical) environment.
After years of having relatively few supporters, the idea of Basic Income is now spreading around the world. In Spain ? probably “the place on Earth where the debate around Basic Income is most advanced” ? after five years of public spending cuts, depressed demand, record unemployment, burgeoning poverty, and a growing public debt now at around 100% of GDP, and after twenty years of discussion in universities, grassroots movements and social networks, Basic Income is finally going mainstream. Although the new game-changing left-wing political party Podemos has temporarily retreated from its initial Basic Income proposal in favour of “full employment” (more fitting, perhaps, for the welfare states of the 1940s, 1950s, and 1960s), many party members are Basic Income stalwarts. Other political organisations now proposing it include Equo, Pirata and Bildu (a coalition in the Basque Country) and, in Galicia, Anova, while still more small parties have projects which, while not strictly a Basic Income, come close.
A recent number of the Basic Income Earth Network newsletter gives an idea of the worldwide spread of different versions of Basic Income. In Greece the new ruling party Syriza has declared its aim to establish “a closer link between pension contribution and income… and provide targeted assistance to employees between 50 and 65, including through a Guaranteed Basic Income scheme so as to eliminate the social and political pressure of early retirement which over-burdens the pension funds”. In Finland, 65.5% of 1,642 (out of nearly 2,000) candidates for the parliamentary elections on 19 April publicly support the policy. Cyprus has passed a new law giving low income families a Guaranteed Minimum Income of ?480 a month. In 2013, a grassroots movement in Switzerland called for a Basic Income of 2,500 Swiss francs per month and received over 100,000 signatures needed to force a referendum on the proposal. Ninety per cent of the members of Hungary’s Green-Left party Parbeszed Magyarorszagert (“Dialogue for Hungary”) have voted for a Basic Income to which all citizens would be entitled, ?80 per month for children, ?160 for adults and ?240 for young mothers. The poverty line in Hungary is estimated at around ?200 for a single adult. In Portugal, where Basic Income is relatively unknown and misunderstood, the political party LIVRE has included Basic Income in its draft political programme for the autumn elections this year. Now recognising that inequality and social justice are also “green” issues, the fast-growing Green Party of England and Wales has announced that a Basic Income will be included in its manifesto.
Outside Europe, Basic Income is gaining support in other industrialised countries including the United States, Canada, Australia, New Zealand and Japan. Alaska is an outstanding example because since 1982 it has had its own particular form of Basic Income, an unconditional annual dividend paid on an individual basis to all people who have lived there for at least twelve months (except those convicted of felony in the past year). The Alaska Permanent Fund (APF), consisting of 25% of the proceeds of the state’s mineral (oil and gas) sales or royalties, foots the bill. The annual payout is based on a five-year average of APF earnings and has varied from $331.29 in 1984 to $3,269 in 2008. Although this “Basic Income” doesn’t entail tax reform, its benefits are undeniable. Alaska features among the states with the lowest poverty rates in the United States and is one of the least unequal. In 2009, the dividend added US$900 million to Alaskans’ purchasing power, the equivalent of 10,000 new jobs.
The idea of Basic Income has taken root in the countries of the South as an anti-poverty measure, for example in Brazil, Namibia and South Africa. Brazil is the world’s first country to have adopted a law (2003) calling for gradual introduction of a Basic Income. In South Africa, trade unions, churches and many NGOs are calling for it and, in Namibia, the Basic Income Grant Coalition (headed by the Council of Churches, National Union of Namibian Workers, Namibian NGO Forum, National Youth Council and the Namibian Network of AIDS Service Organisations) conducted a two-year pilot project (2007?2009) in Otjivero-Omitara, a low-income rural area, where 930 inhabitants received a monthly payment of 100 Namibian dollars each (US$12.4). The payment was small but the results were surprising: numbers of underweight children went from 42% to 10%; school dropout rates fell from 40% to almost 0%; the number of small businesses increased, as did the purchasing power of the inhabitants, thereby creating a market for the new products. However, the Namibian government has thus far balked at introducing a national Basic Income. In Mexico City a pension paid as a right to all people (some 410,000) of 68 years and over has also paid social dividends: increased autonomy and freedom of the aged, more respect in the family milieu, greater public visibility, improved self esteem, better nutrition and health, and a decrease in social inequality. In 2010, a partial Basic Income was introduced in India in a UNICEF-supported pilot scheme conducted by the trade union Self-Employed Women’s Association (SEWA). For one year, 6,000 individuals in rural areas of Madhya Pradesh received an unconditional payment, working out at about US$24 per month for the average family. The project ended with improved nutrition, health, education, housing and infrastructure, economic activity and, especially, educational attainment.
Other initiatives, related to Basic Income to the extent that they are “free money programmes” have given one-off payments to homeless people in London, to the poor inhabitants of a village in the west of Kenya, and to girls and women in Malawi. All of them show clear correlations between free money and lower crime rates, reduced inequality, less malnutrition, lower infant mortality and teenage pregnancy rates, less truancy, better school completion rates, greater economic growth and higher emancipation rates. Then there is the interesting case of Cherokee, North Carolina (population 8,000) where the Eastern Band of the Cherokee Nation owns the casino. In 1996, the tribal council voted to distribute half the casino’s profits evenly among its approximately 15,000 members so as to give the community a share in the gambling wealth. The payouts have risen from $500 to about $10,000 per person per year. Jane Costello, a Duke University researcher who has been studying the effects of these payments on 1,420 Cherokee-area children over the last twenty years, comparing the lives of poor children who got the payments with those who didn’t, found that, some years on, those getting the payments were one grade ahead in school compared with those who didn’t, overall mental health improved, and behavioural problems in this group decreased by 40% and crime rates by 22%.
The “partial” Basic Income programmes and one-off “free money” initiatives are instructive because they demonstrate that small unconditional payments can make great differences in social and mental health. If a one-off non-universal payment can have such positive effects, what could a “true” Basic Income do? But what is a Basic Income? There is some confusion here because what is often thought to be “Basic Income” takes many forms and different names. Spain, for example, has a “renda garantida de ciutadania” in the Statute of Catalonia, while in other Autonomous Regions it appears as a “salario social” or “renta minima de insercion”. However, these are all conditioned subsidies for people below a certain income threshold. Podemos came up with an impeccably defined Basic Income in the heady days of its win at the European elections but then opted out, while the smaller parties, Bildu, Anova and Equo, have programmed a Basic Income close to the definition used by the Spanish Red Renta Basica (Basic Income Network). This coincides with that adopted in November 2007 by the Universal Declaration of Emergent Human Rights, approved at the Universal Forum of Cultures in Monterrey. Basic Income is enshrined as a human right in Article 1 (3):
The right to a basic income or universal citizen’s income that guarantees to every human being, independently of age, gender, sexual orientation, civil or employment status, the right to live in material conditions of dignity. To this end, a regular cash payment, financed by tax reforms and covered by the state budget, and sufficient to cover his or her basic needs, is recognised as a right of citizenship of every member-resident of the society, whatever his or her other sources of income may be.
Rather than holding out a right to having certain minimal vital needs covered in cases of poverty or some catastrophe, Article 1 (3) enshrines Basic Income as a right, an ongoing guarantee to every single individual of being able “to live in material conditions of dignity”. No one would be excluded by poverty from engaging in social life and exercising her or his rights and duties as a citizen. It conceives of this right on a universal scale, for rich and poor, developed or developing countries alike.
A guaranteed basic income, above the poverty line, for everybody, would offer a much firmer, autonomous base of existence to (theoretically) all the world’s citizens. The economic independence furnished by a basic income, paid not to households but to individuals, would establish a kind of domestic “counter-power” that could strengthen the bargaining position of women, especially those dependent on the husband or male head of the family, or low earners in exploitative, part time or discontinuous employment. Many farmers in poor countries and workers in developed countries are struggling to survive. In capitalist economies, unemployment is comparable with the landlessness of small farmers in agrarian societies because both economies are characterised by dispossession of land and other means of production. The dispossessed must then sell their labour, usually in crushing conditions, in order to subsist. One of the basic features of today’s economic functioning is the great power of capital to bring the working population to heel. Underlying this disciplinary capacity is the existence of a large, jobless part of the population. When the possibility of dismissal looms ever-larger, the working population must accept increasingly worse conditions from bosses having the whip hand. In a situation close to full employment, when this existed, the power of employers was diminished. A Basic Income would represent an effective tool for countering the disciplinary power of capital and would make leaving the job market a viable option. Although it may seem paradoxical at first sight, many unions (with a few honorable exceptions) have failed to understand the enormous capacity of Basic Income for undermining the discipline that capital can and does impose in a situation of widespread unemployment.
In poor countries this possibility of non-dominated organisation of labour power could bring into being alternative networks of production while also protecting traditional ways of life. For example, a group of small farmers could buy a tractor to increase food production, and a truck to take their produce to a market. This would expand productive networks and encourage sustainable community development, which would then give villagers more effective leverage in claiming essential or improved infrastructure, for example schools, clinics, roads and bridges. In a post-conflict situation, a Basic Income would also have beneficial effects by enabling a return to traditional forms of community-based production and, thus reintegrating people, would help to defuse the potential for violence that flares up periodically and dramatically especially among uprooted young people who have no opportunities to work, or because evident signs of increasing social inequality in a traumatised society are a permanent flashpoint for a generalised feeling of injustice. Food security is vitally important. Such a basic matter as a well-balanced diet could be greatly favoured, for example, if people could transport vegetables to the coast and fish to inland villages. This alone could make a notable difference in the overall health of the population. Economic development is better achieved by breaking ties of dependency and promoting robust productive initiatives at both individual and group levels, projects that are conceived and planned within the society as opposed to the often drastically inappropriate schemes that are imposed from outside aid agencies.
A Basic Income is not difficult to finance, as a recent exhaustive study for Catalonia has shown. Another study recently carried out for the Kingdom of Spain as a whole, based on a sample of almost two million income tax declarations, showed that a Basic Income at the poverty threshold of ?7,500 per year (and a fifth of that to under-eighteens) could be financed without touching any social service and, moreover, saving a lot in administrative costs and welfare payments of lesser sums, which would be abolished. A person getting a pension of ?1,500 per month would receive the same (?650 as Basic Income and ?850 as a pension) but the person now receiving benefits or a pension of ?400 would receive ?650, more than 60% extra. These two studies are based on a system of progressive income tax redistribution in which the richest 20% would finance the Basic Income, which they would also receive. The lower-income 70% of the population would gain; a neat reverse of the present situation. Introducing a Basic Income is not an economic problem but a political one.
Each zone and country is different, but financing should basically entail changing budgetary priorities, reform of taxation systems or increasing VAT and excise duties on luxury goods, cars, alcohol or tobacco, and financial transaction taxes, for example. This achieves a substantial reduction in inequality of income distribution and greater simplicity and internal coherence in taxation and welfare systems. Basic Income isn’t a panacea that would solve all the world’s social and economic problems, but it would mean wider-spread opportunities for people to participate in productive activities, enhanced social inclusion within stronger communities, greater political and social participation, and a major reduction of poverty and poverty-related problems. It is not an isolated economic policy but part of an overall project in the domain of political economy, aiming to guarantee and fortify the material existence of the whole population. It is an institutionally guaranteed and inclusive form of property that might also be seen as a kind of indemnification of past and present wrongs because it calls upon the more privileged citizens to contribute towards achieving the right of existence for everyone. Herein resides the political obstacle to Basic Income.
Daniel Raventos is a lecturer in Economics at the University of Barcelona and author inter alia of Basic Income: The Material Conditions of Freedom (Pluto Press, 2007). He is on the editorial board of the international political review Sin Permiso
Julie Wark is an advisory board member of the international political review Sin Permiso. Her last book is The Human Rights Manifesto (Zero Books, 2013).
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America
“Everywhere I go, every town I visit, you don’t see any industries. You don’t see any factories. You don’t see anything. We don’t make anything. We are really the poorest country on earth, but people refuse to see that. We are only surviving. We are only looking good because of our military might, because we are an empire. But this force cannot go on forever. It should be so obvious that we’re only chugging along, bullying people into lending us money and sending us stuff that we don’t deserve, that we haven’t earned. How can we survive? Hundreds of thousands of Americans have been reduced to living like savages in this self-proclaimed greatest country on earth.” - Linh Dinh
Africans
Racism
"Whiteness is a dangerous concept. It is not about skin color. It is not even about race. It is about the willful blindness used to justify white supremacy. It is about using moral rhetoric to defend exploitation, racism, mass murder, reigns of terror and the crimes of empire." - Chris Hedges
Indians
"I hate Indians. They are a beastly people with a beastly religion. The famine was their own fault for breeding like rabbits." - Winston Churchill, talking about the Bengal famine in 1943.
Japanese
"[The U.S.] never would have dropped the bomb if the Japanese had had white skin. It was a monstrous, racist act." - Lawrence Ferlinghetti
African-Americans
"Some black people always will be twice as good. But they generally find white predation to be thrice as fast."
"...white supremacy is not merely the work of hotheaded demagogues, or a matter of false consciousness, but a force so fundamental to America that it is difficult to imagine the country without it." - Ta-Nehisi Coates, from his Atlantic article, The Case for Reparations
Chagossians
"First, they tried to shoot the dogs. Next, they tried to poison them with strychnine. When both failed as efficient killing methods, British government agents and U.S. Navy personnel used raw meat to lure the pets into a sealed shed. Locking them inside, they gassed the howling animals with exhaust piped in from U.S. military vehicles. Then, setting coconut husks ablaze, they burned the dogs’ carcasses as their owners were left to watch and ponder their own fate." - David Vine writing about the ethnic cleansing of Diego Garcia
Iraqis
Palestinians
American Underclass
“I think D.C. is a perfect example of what America is. You have this big white house representing the government, that was built by slaves, that’s beautiful, excellent manicured lawns, and right outside the gate you have 50 homeless people sleeping in a park. Right outside of the gate of the White House. That perfectly describes America.” - T-Dubb-O, one of the founders, along with Tef Poe, Tory Russell, Tara Thompson and Rika Tyler, of Hands Up United | 2024-06-18T01:27:17.760571 | https://example.com/article/7390 |
In vivo and in vitro effects of the mycotoxins zearalenone and deoxynivalenol on different non-reproductive and reproductive organs in female pigs: a review.
This review summarizes the toxicological data on the effects of the mycotoxins zearalenone (ZON), its metabolites, and deoxynivalenol (DON) on different parameters relating to reproductive and non-reproductive organs in female pigs. In vivo, 22 mg ZON kg(-1) in the diet cause alterations in the reproductive tract of swine such as in the uterus, and affects follicular and embryo development. ZON and its metabolites have been shown to bind competitively to oestrogen receptors in an in vitro system. The feeding of pigs with a 9 mg DON kg(-1)-contaminated diet can act on protein synthesis, humoral and cellular immune response depending on dose, exposure and timing of functional immune assay, and affect liver and spleen cell structures. Beside these effects, reproductive alterations were observed in pigs, too. Both in vivo and in vitro exposure to DON decreased oocyte and embryo development. In vitro application of DON to uterine cells inhibits their proliferation rate and modulates the process of translation at a different molecular level when compared with the in vivo application. The histopathological results provide evidence of spleen and liver dysfunction in the absence of clinical signs, especially in pigs fed higher concentrations of Fusarium toxin-contaminated wheat. Prepuberal gilts react more sensitively to DON > ZON feeding compared with pregnant sows. In the liver, histopathological changes such as glycogen decrease and interlobular collagen uptake were only observed in prepuberal gilts, whereas enhancement of haemosiderin was found in both perpuberal gilts and pregnant sows. This review presents some of the current knowledge on the biological activities of ZON and DON in pig. Altogether, ZON affects reproduction of pigs most seriously because it possesses oestrogenic activity. However, DON affects reproduction in pigs via indirect effects such as reduced feed intake, resulting in reduced growth or impairment of function in vital organs such as liver and spleen. | 2024-06-11T01:27:17.760571 | https://example.com/article/6635 |
The ugly face of empire and disaster capitalism is visible all over the world. Detroit, Michigan, was once a thriving city but was sent into a tailspin by the deindustrialization of the United States, white flight, and institutional racism which blamed black people who were in fact the victims of catastrophe. The coup de grace was delivered by big banks like UBS, Bank of America and Barclays, which sold risky derivatives schemes to corrupt Detroit politicians . When the financial deal inevitably headed south, the banks were the creditors first in line for a payout.
Far back in that line were the workers and people of Detroit. The emergency manager, Kevyn Orr, whose very position they had voted against establishing, rules the city. The new mayor is a figurehead and the people have no representation as the Republican governor and emergency manager remake the city for capital and the gentrifying settler class.
A world away in Iraq, a nation is crumbling under the weight of eleven years of violent occupation by the United States. The once developing nation is now a ruin, with all of its infrastructure and systems from health care to education destroyed by western avarice. The prime minister who was chosen with America’s blessing, Nouri al-Maliki , has now become an inconvenience and faces a bleak fate.
The Bush administration and now the Obama team determined that promoting one side in sectarian political disputes would make for a smooth running and profitable occupation. Instead they brought war between Sunni and Shia and with goal of knocking down more dominoes, continued to fund jihadists who always upset their plans. Now Maliki is being told to get out of office if he wants help in crushing the enemies that America made for his country.
Just as Iraq’s infrastructure has been destroyed, Detroit residents now live without basic services which ought to be regarded as the right of every human being. In the United States, a country which boasts of its high level of advancement, residents of a major city must plead to the international community for the right to access water.
In a city already on the brink, the powers that be chose to pressure struggling people to pay increased fees for water. They have also used harsh and sometimes improper methods to deprive even those who have paid their bills. No one can survive at all without water to drink, and one cannot survive very well without water for cooking, cleaning and sanitation. Very powerful people in boardrooms and government offices made decisions that turned Detroit into an Iraq in America’s midst and now sneer at pleas for mercy.
Desperate Detroiters represented by the Blue Planet Project, the Michigan Welfare Rights Organization, Food & Water Watch and the Detroit People’s Water Board, have made their case to the United Nations Special Rapporteur on the Human Right to Safe Drinking Water. They issued a report which outlines the latest scheme to destroy Detroit as a city and as a home to poor and working people. The plan will ultimately privatize the water system and make Detroit another location for prime real estate and riches for the few.
President Obama and his cohorts in the Democratic and Republican parties will go to any lengths to prop up the empire, but do little to help people in need. American allies in Ukraine or Iraq and other countries receive astronomical sums of money in order to help maintain Manifest Destiny. Poor people in Detroit and the rest of the country are not so lucky. They are seen only as obstacles to putting the rule of capital firmly in place.
Iraq was invaded with soldiers, guns and bombs. Detroit was invaded by the corporate “suits” who made a fast buck for themselves. The end result is the same for Michiganders and Iraqis alike. They end up suffering in a plundered society while other people make out like the bandits that they really are.
The organizations which reached out to the U.N. took an important step in changing the Detroit narrative. Politicians and the corporate media dismiss the city’s troubles as the fault of incompetent black people. All of former mayor Kwame Kilpatrick’s incompetence could not have created the ongoing occupation of Detroit by the thieves in high places. The outreach to the United Nations is important for another reason. It points out that millions of Americans live an existence far from the myth of the great country. They are struggling to survive just like millions in the so-called third world. It is the gangsters who run the show in Baghdad and in Michigan too. | 2024-02-20T01:27:17.760571 | https://example.com/article/3130 |
Digitally signed by
Reporter of Decisions
Illinois Official Reports Reason: I attest to the
accuracy and
integrity of this
document
Appellate Court Date: 2017.07.19
11:19:27 -05'00'
BMO Harris Bank National Ass’n v. LaRosa, 2017 IL App (1st) 161159
Appellate Court BMO HARRIS BANK NATIONAL ASSOCIATION f/k/a Harris
Caption N.A., Plaintiff-Appellee, v. JOSEPH LaROSA, a/k/a Joseph LaRosa,
Jr., KELLY LaROSA, a/k/a Kelly Renee Matthiesen-Sipple,
McKINLEY PARK LOFTS CONDOMINIUM ASSOCIATION, and
UNKNOWN OWNERS AND NONRECORD CLAIMANTS,
Defendants (Joseph LaRosa and Kelly LaRosa, Defendants-
Appellants).
District & No. First District, First Division
Docket No. 1-16-1159
Filed April 17, 2017
Decision Under Appeal from the Circuit Court of Cook County, No. 14-CH-1135; the
Review Hon. Allen P. Walker, Judge, presiding.
Judgment Affirmed.
Counsel on Robert Habib, of Chicago, for appellants.
Appeal
Louis J. Manetti, Jr., of Codilis & Associates, P.C., of Burr Ridge, for
appellee.
Panel PRESIDING JUSTICE CONNORS delivered the judgment of the
court, with opinion.
Justices Harris and Mikva concurred in the judgment and opinion.
OPINION
¶1 Defendants, Joseph and Kelly LaRosa, appeal an order of the circuit court that struck and
dismissed their petition for relief pursuant to section 2-1401 of the Code of Civil Procedure
(Code) (735 ILCS 5/2-1401 (West 2012)). Defendants had sought to vacate the personal
deficiency judgment that was entered against them as part of a foreclosure. On appeal,
defendants contend that their section 2-1401 petition was not barred by section 15-1509(c) of
the Illinois Mortgage Foreclosure Law (Foreclosure Law) (735 ILCS 5/15-1509(c) (West
2012)). We affirm.
¶2 The record reveals that on January 21, 2014, plaintiff, BMO Harris Bank National
Association (BMO Harris), brought a mortgage foreclosure lawsuit against defendants relating
to a condominium unit located at 2323 West Pershing Road in Chicago. In its complaint, BMO
Harris stated that defendants had not made payments since August 1, 2013. Among other
relief, BMO Harris sought a judgment of foreclosure and sale and a personal deficiency
judgment. The note attached to the complaint stated that defendants initially borrowed
$228,700. The record indicates that on January 28, 2014, Joseph LaRosa was personally served
at an alternate address and accepted substitute service on behalf of Kelly LaRosa, his wife.
¶3 On April 4, 2014, BMO Harris filed a motion for entry of an order of default and judgment
of foreclosure and sale, stating that no appearances or answers had been filed. On the same day,
BMO Harris also filed a petition to shorten the redemption period. BMO Harris asserted that
per an attached affidavit, it appeared that defendants had no intention of occupying the
property and appeared to have abandoned it. The affidavit stated that defendants had indicated
that they were pursuing a short sale.
¶4 On April 28, 2014, the court entered an order of default against defendants and an order
shortening the redemption period. The court also entered a judgment for foreclosure and sale,
which stated that BMO Harris was owed $235,232.90. This amount included principal,
accrued interest, advances by BMO Harris, costs of the suit, attorney fees, and additional
interest.
¶5 At a sale held on June 11, 2014, an entity known as PKL City, LLC purchased the property
for $58,000. The report of sale and distribution indicated that there was a deficiency of
$180,697.22.
¶6 On July 14, 2014, the court entered an order approving the report of sale and distribution,
confirming the sale, and ordering possession. The order stated that there was an in personam
deficiency judgment for $180,697.22 entered against defendants. Also on July 14, the court
entered a memorandum of judgment against defendants.
¶7 On November 16, 2015, defendants filed a petition pursuant to section 2-1401 of the Code
(735 ILCS 5/2-1401 (West 2012)) to “vacate the personal judgment entered July 14, 2014.” In
the petition, defendants stated in part that the court’s order that shortened the redemption
period was clearly erroneous because defendants’ whereabouts were known and they had not
-2-
abandoned their right to the property, given that they had been trying to sell it. Defendants also
raised a challenge based on BMO Harris’s conduct around the deficiency judgment.
Defendants contended that they did not receive notice of the personal default judgment in the
amount of $180,697.22 and were “totally unaware” of it. Defendants further stated that BMO
Harris subsequently issued a form 1099-C, “Cancellation of Debt,” which informed defendants
that $160,060 was discharged. 1 According to defendants, BMO Harris took advantage of
“whatever tax benefits a [b]ank gains” when it issues a form 1099-C, while defendants filed
their 2014 tax returns and reported the cancellation of debt to the IRS. Defendants asserted that
they did not learn of the judgments entered against them until October 26, 2015, when they
heard from a collection agency. Defendants contended that BMO Harris acted dishonestly and
fraudulently by taking a judgment against defendants, reporting to the IRS and defendants that
the debt had been cancelled, and then trying to collect the debt. Defendants further stated that
they had a meritorious defense because they never abandoned the property and showed due
diligence in that they filed the petition as soon as they learned of the judgment against them.
¶8 The aforementioned form 1099-C was attached to the section 2-1401 petition. The form
was issued to Kelly LaRosa on January 12, 2015, and stated that the amount of debt discharged
was $162,060. Also attached to the section 2-1401 petition was a letter dated October 21, 2015,
from a collection agency to Joseph LaRosa that stated that he had an outstanding balance of
$202,781.61 due to the original creditor, Harris N.A.
¶9 On February 5, 2016, BMO Harris filed a motion to strike and dismiss defendants’ section
2-1401 petition. BMO Harris contended that the petition was barred by the plain language of
section 15-1509(c) of the Foreclosure Law (735 ILCS 5/15-1509(c) (West 2012)), which acts
as a complete bar to a defendant in a mortgage foreclosure matter once the title has vested by
deed. BMO Harris stated that title to the foreclosed property vested by a deed that was recorded
on July 17, 2014. Additionally, BMO Harris contended that defendants did not plead a
meritorious defense and did not show due diligence before or after entry of the final judgment.
¶ 10 In response to the motion to strike and dismiss, defendants asserted that section 15-1509
does not contain language that bars a section 2-1401 petition as to a personal deficiency
judgment. Defendants stated that section 15-1509 was intended to protect the validity of titles
transferred during foreclosure, and nothing in the statute speaks to the infallibility of
deficiency judgments. Defendants further stated that other sections of the Foreclosure Law that
mention deficiency judgments also do not contain any language barring a section 2-1401
petition.
¶ 11 On April 1, 2016, the court entered a written order that granted BMO Harris’s motion to
strike and dismiss “on the ground that 735 ILCS 5/15-1509(c) bars the Section 2-1401
Petition.” The court further stated that it “does not consider any of the other issues raised in the
Motion to Strike.” There is no transcript for this proceeding, but the order stated that the court
entered the order having been fully briefed, having heard the arguments of counsel, and being
fully advised in the premises.
¶ 12 On appeal, defendants contend that section 15-1509(c) of the Foreclosure Law (735 ILCS
5/15-1509(c) (West 2012)) does not bar their petition. Defendants assert that section 15-1509
is silent as to bringing section 2-1401 petitions to vacate a deficiency judgment. Defendants
further argue that section 15-1509 relates to protecting the titles transferred with the order
1
The form 1099-C in the record states that the amount discharged was $162,060, as noted infra ¶ 8.
-3-
confirming the sale. According to defendants, the court improperly dismissed their petition
where defendants were not challenging the deed or trying to void the decree that confirmed the
sale.
¶ 13 We briefly summarize each statute involved in this matter—section 2-1401 of the Code
and section 15-1509(c) of the Foreclosure Law. Section 2-1401 of the Code provides a
procedure by which final orders, judgments, and decrees may be vacated more than 30 days
after they are entered. Smith v. Airoom, Inc., 114 Ill. 2d 209, 220 (1986). To be entitled to
relief, a petitioner must affirmatively set forth specific factual allegations that meet each of
three elements: (1) the existence of a meritorious defense or claim, (2) due diligence in
presenting this defense or claim to the circuit court in the original action, and (3) due diligence
in filing the section 2-1401 petition. Id. at 220-21.
¶ 14 Meanwhile, section 15-1509(c) of the Foreclosure Law (735 ILCS 5/15-1509(c) (West
2012)) provides:
“Any vesting of title by a consent foreclosure pursuant to Section 15-1402 or by deed
pursuant to subsection (b) of Section 15-1509, unless otherwise specified in the
judgment of foreclosure, shall be an entire bar of (i) all claims of parties to the
foreclosure and (ii) all claims of any nonrecord claimant who is given notice of the
foreclosure ***. Any person seeking relief from any judgment or order entered in the
foreclosure in accordance with subsection (g) of Section 2-1301 of the Code of Civil
Procedure may claim only an interest in the proceeds of sale.”
¶ 15 Turning to the standard of review, a section 2-1401 petition that presents a fact-dependent
challenge to a final judgment or order is reviewed for an abuse of discretion. Warren County
Soil & Water Conservation District v. Walters, 2015 IL 117783, ¶ 51. However, for cases
involving purely legal questions—as here, where the question is whether section 15-1509(c)
bars a section 2-1401 petition seeking to vacate a personal deficiency judgment—our review is
de novo. Id. ¶ 47. See also Home Star Bank & Financial Services v. Emergency Care & Health
Organization, Ltd., 2014 IL 115526, ¶ 22 (issues of statutory construction are reviewed
de novo).
¶ 16 In addition to contending that section 15-1509(c) bars defendants’ section 2-1401 petition,
BMO Harris also asserts that defendants’ section 2-1401 petition was properly dismissed
because it solely raised postjudgment events to challenge the judgment. We note that an
appellee may raise any argument in support of the circuit court’s judgment, even if the
argument was not raised in the circuit court, as long as the argument has a sufficient factual
basis in the record. People v. Coyne, 2014 IL App (1st) 123105, ¶ 20. See also Galena Park
Home v. Krughoff, 183 Ill. App. 3d 206, 208 (1989).
¶ 17 The purpose of a section 2-1401 petition is to bring before the court facts not appearing in
the record which, if known at the time judgment was entered, would have prevented the
judgment. In re Marriage of Lyman, 2015 IL App (1st) 132832, ¶ 55. There is a split of
authority as to whether a section 2-1401 petition may raise matters that arose after the
underlying judgment was rendered. People v. Howard, 363 Ill. App. 3d 741, 746 (2006)
(noting split of authority on this issue); People ex rel. Ulrich v. Stukel, 294 Ill. App. 3d 193,
200 (1997) (noting split of authority). This court’s most recent decision on the matter, Howard,
rejected a rule that would permit a section 2-1401 petition to be based on “circumstances or
conditions arising after the judgment, which are unrelated to those in existence prior to the
judgment.” Howard, 363 Ill. App. 3d at 747-48. However, we do not have to determine
-4-
whether defendants’ section 2-1401 petition was properly dismissed on this basis because we
find that it is barred by section 15-1509(c) of the Foreclosure Law, which we turn to next.
¶ 18 In construing section 15-1509(c) of the Foreclosure Law, we keep in mind that “[t]he
fundamental rule of statutory construction is to ascertain and give effect to the legislature’s
intent.” Krohe v. City of Bloomington, 204 Ill. 2d 392, 394 (2003). “The best indication of
legislative intent is the statutory language given its plain and ordinary meaning.” People ex rel.
Madigan v. Kinzer, 232 Ill. 2d 179, 184 (2009). If the language is clear and unambiguous, we
must apply the statute without using further aids of statutory construction. Krohe, 204 Ill. 2d at
395.
¶ 19 Section 15-1509(c) states that the vesting of title by deed—which the parties do not dispute
occurred here—“shall be an entire bar of *** all claims of parties to the foreclosure.” 735 ILCS
5/15-1509(c) (West 2012). This court has found that language to be “clear and unambiguous.”
U.S. Bank National Ass’n v. Prabhakaran, 2013 IL App (1st) 111224, ¶ 30 (finding that
section 15-1509(c) barred the claims in the defendant’s section 2-1401 petition to vacate the
foreclosure judgment and confirmation of sale based on the plaintiff’s acceptance of additional
payments from the defendant after the foreclosure judgment was entered). Indeed, section
15-1509(c)’s language is very clear—all claims of the parties to the foreclosure are barred.
There are exceptions to this rule. One exception is where a party seeks to challenge the
judgment as void due to lack of personal jurisdiction. See MB Financial Bank, N.A. v. Ted &
Paul, LLC, 2013 IL App (1st) 122077, ¶ 22; Deutsche Bank National Trust Co. v. Brewer,
2012 IL App (1st) 111213, ¶ 15. Another exception is explicitly provided for in section
15-1509(c), which states that a party may seek relief in the form of claiming an interest in the
proceeds of the sale. 735 ILCS 5/15-1509(c) (West 2012). Neither of those exceptions applies
here, and the plain language of the statute bars defendants’ challenge to the personal deficiency
judgment.
¶ 20 Defendants rely on CitiMortgage, Inc. v. Sharlow, 2014 IL App (3d) 130107, which
actually involved the second exception noted above, where a party claims an interest in the
proceeds of the sale. Defendants assert that like the defendant whose petition was not barred by
section 15-1509(c) in Sharlow, they are not trying to vacate the foreclosure decree and order
confirming the sale. After the deed was recorded in Sharlow, the defendant filed a section
2-1401 petition to modify the order confirming the sale. Id. ¶ 6. In the petition, the defendant
stated that she was not notified of a surplus from the sale of the property. Id. The defendant
further stated that sometime later, she received a federal income tax notice relating to the sale,
and as a result of that notice, she had to amend her tax filings and pay income tax on a surplus
from the sale, which she never received. Id. On appeal, the plaintiff asserted that the
defendant’s petition was barred by section 15-1509(c) of the Foreclosure Law. Id. ¶ 15. The
court rejected that assertion because the defendant’s “only claim was as to the proceeds from
the sale, a claim that was not barred by section 15-1509(c).” Id. In Sharlow, the defendant’s
claim was explicitly allowed by section 15-1509(c). In contrast, defendant here seeks to vacate
a personal deficiency judgment. Sharlow does not help defendants overcome the plain
language of section 15-1509(c) that bars their petition.
¶ 21 Defendants’ arguments related to statutory construction are also unavailing. Defendants
assert that the title of section 15-1509, “Transfer of Title and Title Acquired,” indicates that the
legislature was only concerned with protecting the title acquired by the order confirming the
sale and not the deficiency judgment. Defendants overlook that the title of the section is not
-5-
dispositive. Section 15-1107(a) of the Foreclosure Law states that “any other Article of the
Code of Civil Procedure” applies to foreclosure cases (735 ILCS 5/15-1107(a) (West 2012)).
This includes section 1-103 of the Code, which states that “Article, Part and Section headings
*** shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or
intent of the provisions of any Article, Part or Section of this Act.” 735 ILCS 5/1-103 (West
2012). We cannot ascribe intent through the title of the section.
¶ 22 Defendants also point to sections 15-1508 and 15-1511 of the Foreclosure Law (735 ILCS
5/15-1508, 15-1511 (West 2012)), which they state relate to personal deficiency judgments but
do not mention section 2-1401 petitions. According to defendants, if the legislature wanted to
bar section 2-1401 petitions to vacate a personal deficiency judgment, then sections 15-1508 or
15-1511 would have contained corresponding language. We are not persuaded by this
reasoning. Section 15-1508 merely states that an order confirming the sale may provide for a
personal deficiency judgment against any party. 735 ILCS 5/15-1508(b)(2), (e) (West 2012).
Section 15-1511 states, “Except as expressly prohibited by this Article, foreclosure of a
mortgage does not affect a mortgagee’s rights, if any, to obtain a personal judgment against
any person for a deficiency.” 735 ILCS 5/15-1511 (West 2012). Defendants are correct that
those sections do not state that section 2-1401 petitions to vacate a deficiency are barred, but
another section does—section 15-1509(c), which bars all claims of parties to the foreclosure,
subject to certain exceptions that do not apply here. 735 ILCS 5/15-1509(c) (West 2012). The
bar to challenging deficiency judgments is located in section 15-1509(c), and it does not
conflict with the other sections’ statements that a mortgagee may obtain a deficiency
judgment. Defendants essentially urge this court to read an exception for deficiency judgments
into section 15-1509(c), which we cannot do based on the plain and ordinary meaning of the
language. See Kinzer, 232 Ill. 2d at 184-85 (“[w]e may not depart from a statute’s plain
language by reading into it exceptions, limitations, or conditions the legislature did not
express”). The circuit court correctly dismissed defendants’ section 2-1401 petition because it
was barred by section 15-1509(c) of the Foreclosure Law.
¶ 23 For the foregoing reasons, the judgment of the circuit court is affirmed.
¶ 24 Affirmed.
-6-
| 2024-05-11T01:27:17.760571 | https://example.com/article/5495 |
He said the threatened officer backed away into a stairwell. The cornered officer then fired on the boy as did two others as they tried to defend their colleague. Assistant Commissioner Cartwright said the police officers had done everything they could before opening fire on the youth.
"I don't think the police were trigger happy but that's why we have the coroner," he said. "The members have reacted as we would want them ... they've ultimately had no choice." He said it was not known how many shots were fired and the incident was over in a matter of two to three minutes.
The teenager is believed to have stolen two knives from a nearby Kmart after threatening staff. Assistant Commissioner Cartwright said the youth had earlier tried to take kitchen knives from his home but his family had disarmed him.
He said there was no suggestion the boy suffered from mental illness or was drug-affected at the time. It was not known what had triggered his rage. "The family's rightly very, very upset," he said. Police were called to the Northcote Plaza Shopping Centre car park about 9.20pm yesterday after receiving up to four calls from the public about an agitated male carrying knives.
Assistant Commissioner Cartwright said the officers - two female constables, a leading senior constable and a senior constable - had tried to calm the armed teenager who ran a short distance to the skate park before approaching one of the police officers and threatening to kill them. Seconds after a warning shot was fired into the ground, three of the officers shot at the youth who was standing up to 14 metres away.
"This is a dreadful tragedy,'' Assistant Commissioner Cartwright said. He defended the actions of the officers and said they had been trained to fire at the central body mass rather than shoot to wound. "The movies would portray that you can shoot to disarm people. That's not our experience. These are events that are life-threatening. People are extremely nervous, agitated, scared."
Assistant Commissioner Cartwright said he could not say if the use of stun guns would have saved the teenager's life and Victoria Police had not ruled out deploying the weapons in the future. The lives of the teen's family and the officers had been changed forever by the shooting, he said.
The Homicide Squad and coroner are investigating the death. Assistant Commissioner Cartwright said the coroner would look at whether the teen had wanted police to kill him. Search and rescue unit officers were this morning using metal detectors to scour the skate park. The boy's body has reportedly been removed.
Plain-clothes police officers were this morning canvassing members of the public for information, while a broad cordon surrounding the park had been tightened. At a separate press conference last night, Assistant Commissioner Cartwright described the incident as a "dreadful tragedy".
"Our condolences are certainly with the family," he said, adding that the police officers were "pretty shaken". "We shouldn't lose members of the community this way,'' he said. "We train our police members. They've foamed him [with capsicum foam], they talked to him and they've done what they can [before he was shot]. It's a dreadful event." Resident George Markopoulos said he heard five or six shots fired within a few seconds.
"I knew straight away they were gunshots," he said. "I've been living here all my life and it's the first time anything like this has happened." Another resident, Wally Taleb, described it as "scary, shocking and not something you see every day".
Police have requested surveillance footage from inside the Kmart store, which is believed to show the boy slashing boxes in an agitated state. This morning a woman, who appeared to be aged in her 50s, laid flowers at the site where the boy died. Police escorted a man and woman, consoling each other, to the park.
Three young men, who appeared to be in their late teens and who were also comforting each other, arrived at the skate park with a bouquet of flowers and placed them on the skate ramp. They silently surveyed the area where the teenager was shot. | 2024-05-02T01:27:17.760571 | https://example.com/article/7289 |
Japanese cryptocurrency exchange bitFlyer announced today it’s expanding to the U.S., with approval to operate in 42 states starting today. This includes regulatory approval in New York via the state’s Department of Financial Services’ “BitLicense”, which only five other cryptocurrency companies currently have.
For comparison, Coinbase has approval to operate in 48 states (including Washington, D.C.) and Gemini is operating in 46 states (including Washington, D.C.).
The exchange is by far the biggest in Japan, trading about $180 million worth of bitcoin per day. In terms of traditional exchange volume this ranks as the 14th largest exchange worldwide, but when you add margin volume to the calculation the exchange is actually the largest in the world in terms of total exchange volume.
Founded in 2014, bitFlyer has raised a total of $36 million in venture funding.
At launch bitFlyer’s U.S. exchange will only support bitcoin/USD pairs, but “plans to expand its cryptocurrencies to include altcoins such as Litecoin, Ethereum, Ethereum Classic, Bitcoin Cash and more.”
Right now the exchange only supports deposit and withdraw via bitcoin and USD wire transfer, which means early users will likely be institutional or high net worth investors. Eventually the exchange wants to add additional forms of fund inflow and outflow like ACH transfer, making it easier for the average consumer to deposit or withdraw cash.
Like most exchanges bitFlyer will have tiered verification levels. The first level asks for personal information like your name and address and email and cell phone verification, and in return you can deposit and withdraw up to $2,000 in bitcoin per day and trade up to $3,000 in bitcoin per day. The second tier asks for additional information like bank account verification and proof of identity via photo ID, and allows users to deposit and withdraw up to $50,000 in bitcoin per day and trade an unlimited amount of the cryptocurrency.
With Bitcoin spiking 1,200 percent over the past year, there’s a ton of demand to trade the cryptocurrency and not a lot of places to do it. While there are dozens of established exchanges around the world only a few operate legally in the United States, with the two main ones being Gemini and Coinbase. And even these exchanges get flack for slow customer service response times, an almost unavoidable byproduct of the insane spike in customers they are seeing.
If bitFlyer can provide a solid trading and customer service experience, there’s a lot of room for them to establish themselves in the U.S. market. | 2023-09-21T01:27:17.760571 | https://example.com/article/1274 |
Effect of infectious bursal disease virus on infections produced by Escherichia coli of high and low virulence in chickens.
The effect of infectious bursal disease virus (IBDV) on the infections caused by Escherichia coli strains of high (Expt 1) and low (Expt 2) virulence was examined in specific-pathogen-free chickens. The chickens were inoculated orally with IBDV at 1 day of age and via the air sac with E. coli at 1 week of age. In the groups given 1 x 10(5) cfu of E.coli of high virulence (Expt 1), mortality of IBDV-inoculated group (90%) was significantly higher than that in the non-IBDV-inoculated group (40%). The septicaemic lesions (splenic necrosis with fibrinous exudation) in the IBDV-inoculated-group were of significantly greater severity than those in the non-IBDV-inoculated group. The lymphocytic depletion in the bursa of Fabricius was most severe in the group inoculated with both IBDV and E. coli, then in descending order, in the group inoculated with IBDV alone and with E. coli alone. Lymphocytic depletion of the thymus was caused mainly by E. coli infection while IBDV induced mild lymphocytic depletion of the thymus. In Expt 2. the groups given 1 x 10(9) cfu of E. coli of low virulence revealed mortality of 50% when inoculated with IBDV and 10% when non-IBDV-inoculated. This study suggests that IBDV may increase the chickens' susceptibility to septicaemic infections produced by E. coli strains of high and low virulence and that IBDV and E. coli may induce additively marked lymphocytic depletion in the bursa of Fabricius and thymus. | 2024-06-24T01:27:17.760571 | https://example.com/article/4698 |
Story highlights The ProgressM-28M lifted off smoothly, with the Soyuz-U capsule atop it
The Soyuz-U is carrying more than 5,200 pounds of supplies to the ISS
(CNN) Resupply missions to the International Space Station rarely fail -- let alone twice in row, like the last two did.
That may make the arrival of the Russian cargo spacecraft that launched Friday all the more welcome -- even if the ISS does keep a large backlog of supplies on board.
The crewless ProgressM-28M lifted from the Baikonur Cosmodrome in Kazakhstan just before 8:00 a.m. local time (12:00 a.m. ET / 5:00 a.m. GMT) and cut a clean path through a clear blue sky en route to a low-Earth orbit.
Minutes later, the Soyuz-U cargo vehicle successfully separated from the rest of the rocket, according to the Russian Federal Space Agency, also called Roscosmos.
And it was on course to deliver 5,249 pounds (2,381 kilograms) of supplies to the ISS on Sunday. They include food, water, oxygen, fuel and scientific apparatuses.
Read More | 2024-02-15T01:27:17.760571 | https://example.com/article/8007 |
---
abstract: 'The novel Riemannian view on shape optimization developed in [@VHS-shape-Riemann] is extended to a Lagrange–Newton approach for PDE constrained shape optimization problems. The extension is based on optimization on Riemannian vector space bundles and exemplified for a simple numerical example.'
author:
- 'Volker H. Schulz, Martin Siebenborn, and Kathrin Welker[^1]'
title: 'Towards a Lagrange–Newton Approach for PDE constrained Shape Optimization '
---
Introduction
============
Shape optimization problems arise frequently in technological processes, which are modeled in the form of partial differential equations as in [@Arian-1995; @ARTASAN-1996; @Arian-Vatsa-1998; @ESSI-2009; @GISS2012; @ComFluid2011; @SS-2009; @CoCy2010]. In many practical circumstances, the shape under investigation is parameterized by finitely many parameters, which on the one hand allows the application of standard optimization approaches, but on the other hand limits the space of reachable shapes unnecessarily. Shape calculus, which has been the subject of several monographs [@Delfour-Zolesio-2001; @Mohammadi-2001; @Sokolowski-1992] presents a way out of that dilemma. However, so far it is mainly applied in the form of gradient descent methods, which can be shown to converge. The major difference between shape optimization and the standard PDE constrained optimization framework is the lack of the linear space structure in shape spaces. If one cannot use a linear space structure, then the next best structure is the Riemannian manifold structure as discussed for shape spaces in [@BHM-2011-unpublished; @BHM-2011; @Michor06anoverview; @MM-2006; @MM-2005]. The publication [@VHS-shape-Riemann] makes a link between shape calculus and shape manifolds and thus enables the usage of optimization techniques on manifolds in the context of shape optimization.
PDE constrained shape optimization however, is confronted with function spaces defined on varying domains. The current paper presents a vector bundle framework based on the Riemannian framework established in [@VHS-shape-Riemann], which enables the discussion of Lagrange–Newton methods within the shape calculus framework for PDE constrained shape optimization.
The paper first presents the novel Riemannian vector bundle framework on section \[sec2\], discusses this approach for a specific academic example in section \[sec3\] and presents numerical results in section \[sec4\] .
Constrained Riemannian shape optimization {#sec2}
=========================================
The typical set-up of an equality constrained optimization problem is $$\begin{aligned}
\min\limits_{y,u}\ & J(y,u)\, , \ J\colon Y\times U\to {{\mathbbm{R}}}\\
\mbox{s.t.}\ & c(y,u)=0\, , \ c\colon Y\times U\to Z\end{aligned}$$ where $U,Y,Z$ are linear spaces and $c,J$ sufficiently smooth nonlinear functions [@optbook]. In some situations the constraint $c$ allows to apply the implicit function theorem in order the define a unique control to state mapping $y(u)$ and thus the constrained problem maybe reduced to an unconstrained one of the form $$\min\limits_u J(y(u),u).$$ However, the constrained formulation is often computationally advantageous, because it allows the usage of pre–existing solver technology for the constraint and it is geared towards an efficient SAND (simultaneous analysis and design) or one–shot approach based on linear KKT systems. So far, shape optimization methods based on the shape calculus, have been mainly considered with the reduced black–box framework above via the implicit function theorem – mainly because the set of all admissible shapes is typically not a linear space – unlike the space $U$ above. The publication [@VHS-shape-Riemann] has developed a Riemannian framework for shape optimization in the reduced unconstrained paradigm, which enables Newton–like iteration techniques and convergence results. This publication aims at generalizing those results to the constrained perspective – in particular for the case that the constraint is of the form of a set of partial differential equations (PDE).
Within that framework, the space $Y$ for the state variable is a linear (function) space depending explicitly on $u\in U$, e.g., $H^1(\Omega(u))$, where $\Omega(u)$ is the interior of a shape $u$. This line of thinking leads to vector bundles of function spaces as discussed in detail in [@Lang-2001]. Thus, we now consider a Riemannian manifold $(\cN,G)$ of class $C^q$ ($q\ge 0$), where $G$ is a smooth mapping assigning any point $p\in\cN$ an inner product $G_p(\cdot,\cdot)$ on the tangential bundle $T\cN$. For each $u\in\cN$, there is given a Hilbert space $H(u)$ such that the set $$E:=\left\{(H(u),u)\, |\, u\in\cN\right\}$$ is the total space of a vector bundle $(E,\pi,\cN)$. In particular, there is a bundle–projection $\pi:E\to\cN$ and for an open covering $\left\{U_i\right\}$ of $\cN$ a local $C^q$ isomorphism $$\tau_i\colon\pi^{-1}(U_i)\to H_0 \times U_i$$ where $H_0$ is a Hilbert space. In particular, we have an isomorphism on each fiber $$\tau_i(u)\colon\pi^{-1}(x)=H(u)\to H_0$$ and for $u\in U_i\cap U_j$, the mapping $\tau_i(u)\circ\tau_j(u)^{-1}:H_0\to H_0$ is a linear isomorphism. The total space $E$ of the vector bundle $(E,\pi,\cN)$ is by itself a Riemannian manifold, where the tangential bundle $TE$ satisfies $$T_{(y,u)}E\cong H(u)\times T_y\cN.$$
In Riemannian geometry, tangential vectors are considered as first order differential operators acting on germs of scalar valued functions (e.g. [@conlon]). Such a differential operator will be notated by $h(J)(e)$, if $J\colon E\to{{\mathbbm{R}}}$ is a differentiable function and $e\in E$. We will have to deal with derivatives, where we will always use directional derivatives of scalar valued functions only, but notate them in the usual fashion. Let the derivative of $J$ at $e$ in direction $h\in TE$ be denoted by $DJ(e)h$. Then, we define in this setting $$DJ(e)h:=h(J)(e)\, , \ h\in TE .$$ In particular, we denote $$\begin{aligned}
\frac{\partial}{\partial y}J(y,u)h_y&:=h_1(J)(y,u)\, ,\ h_1:=(h_y,0)\in TE\\
\frac{\partial}{\partial u}J(y,u)h_u&:=h_2(J)(y,u)\, ,\ h_2:=(0,h_u)\in TE \end{aligned}$$ where $h_y\in H(u)$ and $h_u\in T_y\cN$, if $h_1, h_2\in T_{(y,u)}E$.
We consider now the following constrained optimization problem $$\begin{aligned}
\label{vb-opt1}
&\min \limits_{(y,u)\in E}\ J(y,u)\, , \ J\colon E\to {{\mathbbm{R}}}\\
\label{vb-opt2}
&\hspace{0,4cm}\mbox{s.t.}\ a_u(y,p)=b_u(p)\, , \ \forall p\in H\end{aligned}$$ where $a_u(.,.)$ is a bilinear form and $b_u(.)$ a linear form defined on the fiber $H$ which are $C^q$ with respect to $u$. The scalar valued function $J$ is assumed to be $C^q$. Intentionally, the weak formulation of the PDE is chosen for ease of presentation. Now, it will be necessary to define the Lagrangian ${{\mathscr{L}}}$ in order to formulate the adjoint and design equation to the constrained optimization problem (\[vb-opt1\]–\[vb-opt2\]).
\[lagrangian\] We define the Lagrangian in the setting above for $(y,u,p)\in F$ as $${{\mathscr{L}}}(y,u,p):=J(y,u)+a_u(y,p)-b_u(p)$$ where $F:=\left\{(H(u),u,H(u))\,|\,u\in\cN\right\}$ with $T_{(y,u,p)}F\cong H(u)\times T_y\cN\times H(u)$.
Let $(\hat{y},\hat{u})\in E$ solves the optimization problem (\[vb-opt1\]–\[vb-opt2\]). Then, the (adjoint) variational problem which we get by differentiating ${{\mathscr{L}}}$ with respect to $y$ is given by $$\label{adjoint}
a_{\hat{u}}(z,p)=-\frac{\partial}{\partial y}J(\hat{y},\hat{u})z\, , \ \forall z\in H(\hat{u})$$ and the design problem which we get by differentiating ${{\mathscr{L}}}$ with respect to $u$ is given by $$\label{design}
\frac{\partial}{\partial u}\bei{u=\hat{u}}\left[J(\hat{y},u)+a_{u}(\hat{y},\hat{p})-b_{u}(\hat{p})\right]w=0\, , \ \forall w\in T_{\hat{u}}\cN$$ where $\hat{p}\in H$ solves (\[adjoint\]). If we differentiate ${{\mathscr{L}}}$ with respect to $p$, we get the state equation (\[vb-opt2\]). These (KKT) conditions (\[vb-opt2\]–\[design\]) could be collected in the following condition: $$\label{KKT}
D{{\mathscr{L}}}(\hat{y},\hat{u},\hat{p})h=0\, , \ \forall h\in T_{(y,u,p)}F.$$
In a vector space setting, the existence of a solution $p\in H$ of the (adjoint) variational problem (\[adjoint\]) is typically guaranteed by so–called constraint qualifications. From this point of view, here, the existence itself can be interpreted as formulation of a constraint qualification.
By using a Riemannian metric $G$ on $T\cN$ and a smoothly varying scalar product $\scp{.,.}_u$ on the Hilbert space $H(u)$, we can envision $T_{(y,u,p)}F$ as a Hilbert space with a canonical scalar product $$\label{scalarproduct}
\scp{
{{\arraycolsep{2pt}\left(\begin{array}{@{}*{1}{c}@{}}z_1\\w_1\\q_1\end{array}\right)}},
{{\arraycolsep{2pt}\left(\begin{array}{@{}*{1}{c}@{}}z_2\\w_2\\q_2\end{array}\right)}}
}_{T_{(y,u,p)}F}:=
\scp{z_1,z_2}_u+G_u(w_1,w_2)+\scp{q_1,q_2}_u$$ and thus also $\left(F,\scp{.,.}_{TF}\right)$ as Riemannian manifold. This scalar product can be used to apply the Riesz representation theorem in order to define the gradient of the Lagrangian $\grad{{\mathscr{L}}}\in TF$ by the condition $$\scp{\grad{{\mathscr{L}}},h}_{T_{(y,u,p)}F}:= D{{\mathscr{L}}}(y,u,p)h\, , \ \forall h\in T_{(y,u,p)}F.$$ Now, similar to standard nonlinear programming we can solve the problem of finding $(y,u,p)\in F$ with $$\label{Newton-problem}
\grad{{\mathscr{L}}}(y,u,p)=0$$ as a means to find solutions to the optimization problem (\[vb-opt1\]–\[vb-opt2\]). The nonlinear problem (\[Newton-problem\]) has exactly the form of the root finding problems discussed in [@VHS-shape-Riemann]. Exploiting the Riemannian structure on $TF$, we can formulate a Newton iteration involving the Riemannian Hessian which is based on the resulting Riemannian connection:
This iteration will be detailed out below. However, before that, we have to specify the scalar product on the Hilbert space involved. Since we will use the exponential map based on the Riemannian metric on $F$, we would like to choose a metric that is in the Hilbert space parts as simple as possible. Therefore we use the metric defined on the Hilbert space $(H_0,\scp{.,.}_0)$ and transfer that canonically to the Hilbert spaces $H(u)$. Thus, we assume now that in the sequel we only have to deal with one particular chart $(U_i,\tau_i)$ from the covering $\{U_i\}$ and define there $$\scp{z_1,z_2}_u:=\scp{\tau_i(u)z_1,\tau_i(u)z_2}_0\, , \ \forall u\in U_i\, .$$ Now, geodesics in the Hilbert space parts of $F$ are represented just by straight lines in $H_0$ and the exponential map can be expressed in the form $$\begin{aligned}
&\exp_{(y,u,p)}(z,w,q)\\
&=\left(\tau_i\left(\exp^{\cN}_u(w)\right)^{-1}\circ\tau_i(u)(y+z),\exp^{\cN}_u(w),
\tau_i\left(\exp^{\cN}_u(w)\right)^{-1}\circ\tau_i(u)(p+q)\right)\end{aligned}$$ where $\exp^{\cN}$ denotes the exponential map on the manifold $\cN$.
Within iteration (\[newton\]), the Hessian has to be discussed. It is based on the Riemannian connection $\nabla$ on $F$ at $u\in\cN$. The expression $\nabla^{\cN}_u$ may denote the Riemannian covariant derivative on $T_u\cN$. Since the scalar product in $H$ is completely independent from the location $u\in\cN$, we observe that mixed covariant derivatives of vectors from $H$ with respect to tangential vectors in $T\cN$ are reduced to simple directional derivatives – which is the case for derivatives in linear spaces anyway. Thus: $$\begin{array}{rl}
\nabla_{(h_y,h_u,h_p)}\colon T_{(y,u,p)}F & \hspace{-2mm}\to T_{(y,u,p)}F\\
{{\arraycolsep{2pt}\left(\begin{array}{@{}*{1}{c}@{}}z\\w\\q\end{array}\right)}} & \hspace{-2mm} \mapsto
{{\arraycolsep{2pt}\left(\begin{array}{@{}*{1}{c}@{}}
\frac{\partial}{\partial y}z[h_y]+\frac{\partial}{\partial u}z[h_u]+\frac{\partial}{\partial p}z[h_p]\\
\frac{\partial}{\partial y}w[h_y]+\nabla^{\cN}_{u}w[h_u]+\frac{\partial}{\partial p}w[h_p]\\
\frac{\partial}{\partial y}q[h_y]+\frac{\partial}{\partial u}q[h_u]+\frac{\partial}{\partial p}q[h_p]
\end{array}\right)}}
\end{array}$$ From the definition of the Hessian as $\hess{}{{\mathscr{L}}}[h]:=\nabla_h\grad{{\mathscr{L}}}$ we conlude the following block structure of the Hessian: $$\label{hessian}
\hess{}{{\mathscr{L}}}=
{{\arraycolsep{2pt}\left(\begin{array}{@{}*{3}{c}@{}}
D_y\grad_y{{\mathscr{L}}}&D_u\grad_y{{\mathscr{L}}}&D_p\grad_y{{\mathscr{L}}}\\
D_y\grad_u{{\mathscr{L}}}&\nabla^{\cN}_u\grad_u{{\mathscr{L}}}&D_p\grad_u{{\mathscr{L}}}\\
D_y\grad_p{{\mathscr{L}}}&D_u\grad_p{{\mathscr{L}}}&0
\end{array}\right)}}
$$
From a practical point of view, it may be advantageous to solve equation (\[newton\]) in a weak formulation as $$\label{weak-form}
\nabla (D{{\mathscr{L}}}(y,u,p)h){{\arraycolsep{2pt}\left(\begin{array}{@{}*{1}{c}@{}}z\\w\\q\end{array}\right)}}=-D{{\mathscr{L}}}(y,u,p)h\, ,\quad\forall h\in T_{(y,u,p)}F$$ i.e., in detail, the following equations have to be satisfied for all $h:=({\bar{z}},{\bar{w}},{\bar{q}})^T\in T_{(y,u,p)}F$: $$\begin{aligned}
{4}\label{weak-KKT.1}
H_{11}(z,{\bar{z}})+H_{12}(w,{\bar{z}})+H_{13}(q,{\bar{z}})&=-a_u({\bar{z}},p)-\frac{\partial}{\partial y}J(y,u){\bar{z}}&\\
\label{weak-KKT.2}
H_{21}(z,{\bar{w}})+H_{22}(w,{\bar{w}})+H_{23}(q,{\bar{w}})&=-\frac{\partial}{\partial u}\left[J(y,u)+a_{u}(y,p)-b_{u}(p)\right]{\bar{w}}\\
\label{weak-KKT.3}
H_{31}(z,{\bar{q}})+H_{32}(w,{\bar{q}})+H_{33}(q,{\bar{q}})&=-a_{u}(y,{\bar{q}})+b_{u}({\bar{q}})\end{aligned}$$ where $$\begin{aligned}
{2}
H_{11}(z,{\bar{z}})&=\frac{\partial^2}{\partial y^2}J(y,u)z{\bar{z}}\\
H_{12}(w,{\bar{z}})&=\frac{\partial}{\partial u}\left[a_u({\bar{z}},p)+\frac{\partial}{\partial y}J(y,u){\bar{z}}\right] w\\
H_{13}(q,{\bar{z}})&=a_u({\bar{z}},q)\\
H_{21}(z,{\bar{w}})&=\frac{\partial}{\partial y}\frac{\partial}{\partial u}\left(\left[J(y,u)+a_{u}(y,p)\right]{\bar{w}}\right)z\\
H_{22}(w,{\bar{w}})&=G\left(\hess{}^{\cN}\left(J(y,u)+a_{u}(y,p)-b_{u}(p)\right)w,{\bar{w}}\right)\\
H_{23}(q,{\bar{w}})&=\frac{\partial}{\partial u}\left[a_{u}(y,q)-b_{u}(q)\right]{\bar{w}}\\
H_{31}(z,{\bar{q}})&=a_{u}(z,{\bar{q}})\\
H_{32}(w,{\bar{q}})&=\frac{\partial}{\partial u}\left[a_{u}(y,{\bar{q}})-b_{u}({\bar{q}})\right]w\\
H_{33}(q,{\bar{q}})&=0\end{aligned}$$ One should note that the covariant derivative $\nabla$ reveals natural symmetry properties and thus obvious symmetries can be observed in the components above not involving second shape derivatives. A key observation in [@VHS-shape-Riemann] is that even the expression $H_{22}(w,{\bar{w}})$ is symmetric in the solution of the shape optimization problem. This motivates a shape–SQP method as outlined below, where away from the solution only expressions in $H_{22}(w,{\bar{w}})$ are used which are nonzero at the solution. Its basis is the following observation:
If the term $H_{22}(w,{\bar{w}})$ is replaced by an approximation $\hat{H}_{22}(w,{\bar{w}})$, which omits all terms in $H_{22}(w,{\bar{w}})$, which are zero at the solution and if the reduced Hessian of (\[hessian\]) built with this approximation is coercive, equation (\[weak-form\]) is equivalent to the linear-quadratic problem $$\begin{aligned}
\label{qp.1}
&\min\limits_{(z,w)}\frac12\left(H_{11}(z,z)+2H_{12}(w,z)+\hat{H}_{22}(w,w)\right)+\frac{\partial}{\partial y}J(y,u)z +\frac{\partial}{\partial u}J(y,u)w\\\label{qp.2}
&\hspace{0.4cm}\mbox{s.t. }a_u(z,\bar{q})+\frac{\partial}{\partial u}\left[a_{u}(y,{\bar{q}})-b_{u}({\bar{q}})\right]w=-a_u(y,\bar{q})+b_u(\bar{q})\, , \ \forall \bar{q}\in H(u)\end{aligned}$$ where the adjoint variable to the constraint (\[qp.2\]) is just $p+q$. In the next sections, we also omit terms in $H_{11}$ and $H_{12}$, which are zero, when evaluated at the solution of the optimization problems. Nevertheless, quadratic convergence of the resulting SQP method is to be expected and indeed observed in section \[sec4\].
Discussion for a Poisson–type model problem {#sec3}
===========================================
In this section, we apply the theoretical discussion of section \[sec2\] to a PDE constrained shape optimization problem, which is inspired by the standard tracking–type elliptic optimal control problem and motivated by electrical impedance tomography. It is very close to the model problem of example 2 in [@Cea-RAIRO] and the inverse interface problem in [@ItoKunisch].
Let the domain $\Omega:=(0,1)^2\subset {{\mathbbm{R}}}^2$ split into the two subdomains $\Omega_1,\Omega_2 \subset \Omega$ such that $\Omega_1 {{
\mathbin{\ifx\mathbin\mathop\vphantom{\cup}\fi
\mathpalette\mov@rlay{\cup\cr\cdot}
}
\ifx\mathbin\mathop\expandafter\displaylimits\fi}}\Gamma{{
\mathbin{\ifx\mathbin\mathop\vphantom{\cup}\fi
\mathpalette\mov@rlay{\cup\cr\cdot}
}
\ifx\mathbin\mathop\expandafter\displaylimits\fi}}\Omega_2 = \Omega$ and $\partial\Omega_1 \cap \partial\Omega_2 = \Gamma$. The interface $\Gamma$ is replaced by $u$ and an element of the following manifold $$B_e^0([0,1],{{\mathbbm{R}}}^2):=\mbox{Emb}^0([0,1],{{\mathbbm{R}}}^2)/\mbox{Diff}^0([0,1])$$ i.e., an element of the set of all equivalence classes of the set of embeddings $$\begin{aligned}
\mbox{Emb}^0([0,1],{{\mathbbm{R}}}^2):= \{\phi\in C^\infty([0,1],{{\mathbbm{R}}}^2)\, |\, &
\phi(0)=(0.5,0),\phi(1)=(0.5,1),\\
&\phi \mbox{ injective immersion}\}\end{aligned}$$ where the equivalence relation is defined by the set of all $C^\infty$ re–parameterizations, i.e., by the set of all diffeomorphisms $$\begin{aligned}
\mbox{Diff}^0([0,1],{{\mathbbm{R}}}^2):= \{\phi\colon [0,1]\to[0,1]\, |\, &
\phi(0)=(0.5,0),\phi(1)=(0.5,1),\\
&\phi \mbox{ diffeomorphism}\}.\end{aligned}$$ In Figure \[fig\_omega\] the construction of the domain $\Omega$ from the interface $u\in B_e^0([0,1],{{\mathbbm{R}}}^2)$ is illustrated. Now, we consider $\Omega$ dependent on $u$. Therefore, we denote it by $\Omega(u)=\Omega_1(u){{
\mathbin{\ifx\mathbin\mathop\vphantom{\cup}\fi
\mathpalette\mov@rlay{\cup\cr\cdot}
}
\ifx\mathbin\mathop\expandafter\displaylimits\fi}}u {{
\mathbin{\ifx\mathbin\mathop\vphantom{\cup}\fi
\mathpalette\mov@rlay{\cup\cr\cdot}
}
\ifx\mathbin\mathop\expandafter\displaylimits\fi}}\Omega_2(u)$.
\[fig\_omega\]
[Interface]{} (70,80)[$\Omega_2(u) $]{} (10,80)[$\Omega_1(u)$]{} (43,13)[$\color{red}u$]{}
The manifold $B_e^0([0,1],{{\mathbbm{R}}}^2)$ is constructed in analogy to the manifold $B_e(S^1,{{\mathbbm{R}}}^2)$ in [@MM-2006] as a set of equivalence classes in a set of embeddings with respect to a equivalence relation which is given by a set of diffeomorphisms. Moreover, a particular point on the manifold $B_e^0([0,1],{{\mathbbm{R}}}^2)$ is represented by a curve $c\colon [0,1]\to{{\mathbbm{R}}}^2\text{, }\theta\mapsto c(\theta)$. Because of the equivalence relation $\mbox{Diff}([0,1])$, the tangent space is isomorphic to the set of all smooth vector fields along $c$, i.e., $$T_cB_e^0([0,1],{{\mathbbm{R}}}^2)\cong\{h\, |\,h=\alpha n, \alpha\in C^\infty \left([0,1],{{\mathbbm{R}}}\right)\}$$ where n is the unit outer normal to $\Omega_1(u)$ at $u$. Thus, all considerations of [@VHS-shape-Riemann] carry easily over to our manifold $B_e^0([0,1],{{\mathbbm{R}}}^2)$.
The PDE constrained shape optimization problem is given in strong form by $$\begin{aligned}
\label{oc1}
&\min_{u} \hspace{0,1cm} J(y,u)\equiv\frac12\int_{\Omega(u)}(y-\bar{y})^2dx+
\mu\int_u1ds\\
\label{oc2}
&\hspace{0,2cm}\mbox{s.t. }- \triangle y=f \quad\text{in } \Omega(u)
\\
\label{oc3}
&\hspace{15.7mm}y=0\quad\text{on }\partial\Omega(u)\end{aligned}$$ where $$f\equiv\begin{cases}
f_1 = \text{const.}\quad\text{in }\Omega_1(u)\\
f_2 = \text{const.} \quad\text{in }\Omega_2(u)
\end{cases}
\hspace{-.2cm}.$$ The perimeter regularization with $\mu>0$ in the objective (\[oc1\]) is a frequently used means to overcome ill–posedness of the optimization problem (e.g. [@Burger-2004]). Let $n$ be the unit outer normal to $\Omega_1(u)$ at $u$. We observe that the unit outer normal to $\Omega_2(u)$ at $u$ is equal to $-n$, which enables us to use only one normal n for the subsequent discussions. Furthermore, we have interface conditions at the interface $u$. We formulate explicitly the continuity of the state and of the flux at the boundary $u$ as $$\begin{aligned}
\label{n}
\left\llbracket y \right\rrbracket =0\text{, }\quad\left\llbracket\frac{\partial y}{\partial n}\right\rrbracket=0\quad\text{on }u\end{aligned}$$ where the jump symbol $\left\llbracket\cdot\right\rrbracket$ denotes the discontinuity across the interface $u$ and is defined by $\left\llbracket v\right\rrbracket:=v_1-v_2$ where $v_1:=v\,\rule[-2mm]{.1mm}{4mm}_{\hspace{.6mm}\Omega_1}$ and $v_2:=v\,\rule[-2mm]{.1mm}{4mm}_{\hspace{.6mm}\Omega_2}$.
The boundary value problem (\[oc2\]-\[n\]) is written in weak form as $$\label{wf}
a_{u}(y,p)=b_{u}(p)\, , \
\forall p\in H_0^1(\Omega(u))$$ where $$\begin{aligned}
\label{sweak.1}
a_{u}(y,p)&:=
\int_{\Omega(u)}\nabla y^T\nabla p\hspace{.5mm}dx-\int_u \left\llbracket \frac{\partial y}{\partial n}p\right\rrbracket ds\\
\label{sweak.2}
b_{u}(p)&:=\int_{\Omega(u)}fp\hspace{.5mm}dx.\end{aligned}$$
Now, $F$ from definition \[lagrangian\] takes the specific form $$F:=\left\{(H_0^1(\Omega(u)),u,H_0^1(\Omega(u)))\,|\,u\in B_e^0([0,1],{{\mathbbm{R}}}^2)\right\}.$$ The metric in the vector space parts is constructed by employing a “mesh deformation”. Mesh deformations are often used to deform a computational mesh smoothly in accordance with a deformation of the boundary of the computational domain. Here, we use this in the form of a deformation of the computational domain rather than of the mesh only and assume that there is a bijective $C^\infty$–mapping $$\Phi_u\colon[0,1]^2\to \Omega(u),$$ e.g., $\Phi_u$ is the deformation given by the solution of a linear elasticity problem. Thus, we can construct the necessary bijective identification $$\tau(u)\colon H_0^1(\Omega(u))\to H_0^1\left((0,1)^2\right)\text{, }g\mapsto g\circ\Phi_u.$$
We have to detail the expressions in equation (\[newton\]) or respectively (\[weak-form\]). First, the Lagrangian is defined for $(y,u,p)\in F$ as $${{\mathscr{L}}}(y,u,p):=J(y,u)+
a_u(y,p)-b_u(p)$$ where $J(y,u)$ is defined in (\[oc1\]) and $a_u, b_u$ are defined in (\[sweak.1\], \[sweak.2\]). Now, we focus on the shape derivative of ${{\mathscr{L}}}$ in direction of a continuous vector field $V$. It is defined by $$\label{def_shape_der}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]:= \lim\limits_{t\to 0^+}\frac{{{\mathscr{L}}}(y,u_t,p)-{{\mathscr{L}}}(y,u,p)}{t}$$ if for all directions $V$ this limit exists and the mapping $V\mapsto \frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]$ is linear and continuous. The perturbed boundaries $u_t$ in (\[def\_shape\_der\]) are defined by $$u_t:=F_t(u)=\{F_t(x)\colon x\in u\}\text{ with }u_0=u$$ where $F_t(x):=x+tV(x)$ denotes the perturbation of identity and $t\in[0,T]$ with $T>0$.
One should note that we get perturbed domains $\Omega_t$ given by $$\Omega_t:=F_t(\Omega(u))=\{F_t(x)\colon x\in \Omega(u)\}\text{ with }\Omega_0=\Omega(u)$$ due to the perturbed boundaries $u_t$.
The perturbation of $u$ or respectively $\Omega(u)$ could also be described by the velocity method, i.e., as the flow $F_t(x):=\xi(t,x)$ determined by the initial value problem $$\begin{split}
\frac{d\xi(t,x)}{dt}&=V(\xi(t,x))\\
\xi(0,x)&=x
\end{split}$$ instead of the perturbation of identity.
We first consider the objective $J$ in (\[oc1\]) without perimeter regularization. Then the shape derivative $\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]$ can be expressed as an integral over the domain $\Omega(u)$ as well as an integral over the interface $u$ which is better suited for a finite element implementation as already mentioned for example in [@Delfour-Zolesio-2001 remark 2.3, p. 531]. An important point to note here is that the shape derivative of our ${{\mathscr{L}}}$ evaluated in its saddle–point is equal to the one of $J$ due to the theorem of Correa and Seeger [@CorreaSeeger theorem 2.1]. Such a saddle–point is given by $$\begin{aligned}
\frac{\partial {{\mathscr{L}}}(\Omega,y,p)}{\partial y}=\frac{\partial {{\mathscr{L}}}(\Omega,y,p)}{\partial p}=0\label{saddlepointcond}\end{aligned}$$ which leads to the adjoint equation $$\begin{aligned}
- \triangle p&=-(y-\overline{y}) \quad\text{in } \Omega(u)\label{adjoint1}\\
p&=0\quad\text{on }\partial\Omega(u)\\
\left\llbracket p \right\rrbracket &=0\quad\text{on } u\label{adjoint4}\\
\left\llbracket\frac{\partial p}{\partial n}\right\rrbracket&=0\quad\text{on }u\label{adjoint3}\end{aligned}$$ and to the state equation $$- \triangle y=f \quad\text{in } \Omega(u).\label{designe}$$ Like in [@Interface_parabolic] we first deduce a representation of the shape derivative expressed as a domain integral which will later allow us to calculate the boundary expression of the shape derivative by means of integration by parts on the interface $u$. One should note however, that by the Hadamard structure theorem [@Sokolowski-1992 theorem 2.27] only the normal part of the continuous vector field has an impact on its value. Applying the following common rule for differentiating domain integrals $$\label{der_domain_int}
\frac{d^+}{dt}\left(\int_{\Omega_t}\eta(t)\right)\,\rule[-4mm]{.1mm}{9mm}_{\hspace{1mm}t=0}=\int_{\Omega}\left(D_m\eta+\mathrm{div}(V)\eta\right)$$ which was proved in [@HaslingerMakinen lemma 3.3] yields $$\label{shape_der_1}
\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]
&=\lim\limits_{t\to 0^+}\frac{{{\mathscr{L}}}(y,u_t,p)-{{\mathscr{L}}}(y,u,p)}{t}=\frac{d^+}{dt}{{\mathscr{L}}}(y,u_t,p)\,\rule[-3mm]{.1mm}{6mm}_{\hspace{.5mm}t=0}\\
&=\int_{\Omega(u)}D_m\left(\frac{1}{2}(y-\overline{y})^2\right)+D_m\left(\nabla y^T\nabla p\right)-D_m(fp)\\
&\hspace*{13mm}+\mathrm{div}(V)\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\hspace{.7mm}dx\\
&\hspace*{4mm}-\int_u D_m\left( \left\llbracket \frac{\partial y}{\partial n} p\right\rrbracket\right) + \mathrm{div}_u(V)\left\llbracket \frac{\partial y}{\partial n} p\right\rrbracket\hspace{.7mm}ds
\end{split}$$ where $D_m$ denotes the material derivative with respect to $F_t=id+tV$ which is defined by $$\label{material}
D_m\left(j(x)\right):=\lim\limits_{t\to 0^+}\frac{\left(j\circ F_t\right)(x)-j(x)}{t}=\frac{d^+}{dt}\left(j\circ F_t\right)(x)\,\rule[-2.5mm]{.1mm}{6mm}_{\hspace{1mm}t=0}$$ for a generic function $j\colon \Omega_t\to{{\mathbbm{R}}}$. For the material derivative the product rule holds. Moreover, the following equality was proved in [@Berggren] $$\label{material_grad}
D_m\left(\nabla j\right)=\nabla \left(D_m(j)\right)-\nabla V^T\nabla j.$$ Combining (\[shape\_der\_1\]), the product rule and (\[material\_grad\]) we obtain $$\label{shape_der_2}
\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]
&=\int_{\Omega(u)}(y-\overline{y})D_m\left(y\right)+\nabla\hspace{-.5mm} \left(D_m(y)\right)^T\nabla p+\nabla y^T\nabla\hspace{-.5mm} \left(D_m\left(p\right)\right)\\
&\hspace*{13mm}-\nabla y^T \left(\nabla V +\nabla V^T\right)\nabla p-D_m(f)p-fD_m(p)\\
&\hspace*{13mm}+\mathrm{div}(V)\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\hspace{.7mm}dx\\
&\hspace*{4mm}-\int_u \left\llbracket D_m\left(\frac{\partial y}{\partial n}\right) p+\frac{\partial y}{\partial n}D_m(p)\right\rrbracket + \mathrm{div}_u(V)\left\llbracket \frac{\partial y}{\partial n} p\right\rrbracket\hspace{.7mm}ds.
\end{split}$$ From this we get $$\label{shape_der_3}
\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]
&=\int_{\Omega(u)}\left((y-\overline{y})-\triangle p\right)D_m\left(y\right)+\left(-\triangle y-f\right)D_m\left(p\right)\\
&\hspace*{13mm}-\nabla y^T \left(\nabla V +\nabla V^T\right)\nabla p-D_m(f)p\\
&\hspace*{13mm}+\mathrm{div}(V)\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\hspace{.7mm}dx\\
&\hspace*{4mm}+\int_u \left\llbracket\frac{\partial p}{\partial n}D_m(y) -D_m\left(\frac{\partial y}{\partial n}\right) p\right\rrbracket + \mathrm{div}_u(V)\left\llbracket \frac{\partial y}{\partial n} p\right\rrbracket\hspace{.7mm}ds.
\end{split}$$ To deal with the term $D_m(f)p$, we note that the shape derivative of a generic function $j\colon \Omega_t\to{{\mathbbm{R}}}$ with respect to the vector field $V$ is given by $$\label{shape_material_der}
Dj[V]:=D_mj-V^Tj.$$ Therefore $D_m(f)p$ is equal to $pV^T\nabla f$ in the both subdomains $\Omega_1(u)$, $\Omega_2(u)$. Due to the continuity of the state and of the flux (\[n\]) their material derivative is continuous. Thus, we get $$\begin{aligned}
\left\llbracket \frac{\partial p}{\partial n}D_m(y)\right\rrbracket&=D_m(y)\left\llbracket \frac{\partial p}{\partial n}\right\rrbracket\stackrel{(\ref{adjoint3})}=0\quad \text{on }u\\
\left\llbracket D_m\hspace{-.5mm}\left(\frac{\partial y}{\partial n}\right)p\right\rrbracket&=D_m\hspace{-.5mm}\left(\frac{\partial y}{\partial n}\right)\left\llbracket p\right\rrbracket\stackrel{(\ref{adjoint4})}=0\quad \text{on }u.\end{aligned}$$ That $$\label{pbe}
\left\llbracket \frac{\partial y}{\partial n}p\right\rrbracket=0\quad \text{on }u$$ follows from (\[n\]), (\[adjoint4\]) and the identity $$\left\llbracket ab\right\rrbracket=\left\llbracket a\right\rrbracket b_1 +a_2 \left\llbracket b\right\rrbracket= a_1 \left\llbracket b\right\rrbracket+\left\llbracket a\right\rrbracket b_2$$ which implies $$\label{bracket0}
\left\llbracket ab\right\rrbracket=0 \text{ if } \left\llbracket a\right\rrbracket=0\wedge \left\llbracket b\right\rrbracket=0.$$ By combining (\[adjoint1\]), (\[designe\]) and (\[shape\_der\_3\]–\[pbe\]), we obtain $$\label{boundary_expression}
\boxed{
\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]=\int_{\Omega(u)}&-\nabla y^T \left(\nabla V +\nabla V^T\right)\nabla p-pV^T\nabla f\\
&+\mathrm{div}(V)\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\hspace{.7mm}dx
\end{split}
}$$ i.e., the shape derivative of ${{\mathscr{L}}}$ expressed as domain integral which is equal to the one of $J$ due to the theorem of Correa and Seeger. Now, we convert this domain integral into a boundary integral as mentioned above. Integration by parts in (\[boundary\_expression\]) yields $$\begin{split}
&\int_{\Omega(u)} \mathrm{div}(V)\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)dx\\
&=-\int_{\Omega(u)}V^T\left((y-\overline{y})\nabla y+\nabla\left(\nabla y^T\nabla p\right)-\nabla (f p)\right)\hspace{.3mm}dx\\
&\hspace*{3.5mm}+\int_{u} \left\llbracket\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\left<V,n\right>\right\rrbracket ds\\
&\hspace*{3.5mm}+\int_{\partial\Omega(u)}\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\left<V,n\right>ds.\label{int_by_parts1}
\end{split}$$ Since the outer boundary $\partial\Omega$ is not variable, we can choose the deformation vector field $V$ equals zero in small neighbourhoods of $\partial\Omega(u)$. Therefore, the outer integral in (\[int\_by\_parts1\]) disappears. Combining (\[boundary\_expression\]), (\[int\_by\_parts1\]) and the vector calculus identity $$\nabla y^T\left(\nabla V+\nabla V^T\right)\nabla p+V^T\nabla\left(\nabla y^T\nabla p\right)=\nabla p^T\nabla\left(V^T\nabla y\right)+\nabla y^T \nabla\left(V^T\nabla p\right)$$ which was proved in [@Berggren] gives $$\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]=&\int_{\Omega(u)}-\nabla p^T\nabla\left(V^T\nabla y\right)-\nabla y^T \nabla\left(V^T\nabla p\right)\\
&\hspace*{9mm}-(y-\overline{y})V^T\nabla y+fV^T\nabla p \hspace{.7mm}dx\\
&+\int_{u} \left\llbracket\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\left<V,n\right>\right\rrbracket ds. \label{sg1}
\end{split}$$ Then, applying integration by parts in (\[sg1\]) we get $$\begin{split}
&\int_{\Omega(u)}\nabla y^T\nabla\left(V^T\nabla p\right)dx\\
&=-\int_{\Omega(u)}\triangle yV^T\nabla p\hspace{.7mm}dx+\int_{u}\left\llbracket \frac{\partial y}{\partial n}V^T\nabla p \hspace{.3mm}\right\rrbracket ds+\int_{\partial\Omega(u)}\frac{\partial y}{\partial n}V^T\nabla p \hspace{.7mm}ds\label{int_by_parts2}
\end{split}$$ and analogously $$\begin{split}
& \int_{\Omega(u)}\nabla p^T\nabla\left(V^T\nabla y\right)dx\\
&=-\int_{\Omega(u)}\triangle pV^T\nabla y\hspace{.7mm}dx+\int_{u}\left\llbracket \frac{\partial p}{\partial n}V^T\nabla y \hspace{.3mm}\right\rrbracket ds+\int_{\partial\Omega(u)}\frac{\partial p}{\partial n}V^T\nabla y \hspace{.7mm}ds. \label{int_by_parts3}
\end{split}$$ Like in (\[int\_by\_parts1\]) the outer integral in (\[int\_by\_parts2\]) as well as in (\[int\_by\_parts3\]) vanishes due to the fixed outer boundary $\partial\Omega(u)$. Thus, it follows that $$\begin{split}
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]=&\int_{\Omega(u)}V^T\nabla p\left(\triangle y+f\right)+V^T\nabla y\left(\triangle p -(y-\overline{y})\right)\hspace{.7mm}dx\\
&+\int_u \left\llbracket\left(\frac{1}{2}(y-\overline{y})^2+\nabla y^T\nabla p-fp\right)\left<V,n\right>\right\rrbracket\\
&\hspace*{9mm}-\left\llbracket \frac{\partial y}{\partial n}V^T\nabla p \hspace{.3mm}\right\rrbracket-\left\llbracket \frac{\partial p}{\partial n}V^T\nabla y \hspace{.3mm}\right\rrbracket\hspace{.7mm}ds.\label{sg2}
\end{split}$$ The domain integral in (\[sg2\]) vanishes due to (\[adjoint1\]) and (\[designe\]). Moreover, the term $\left\llbracket \frac{1}{2}(y-\overline{y})^2\left<V,n\right>\right\rrbracket$ disappears because of (\[n\]) and the term $\left\llbracket \nabla y^T\nabla p\left<V,n\right>\right\rrbracket$ because of the continuity of $\nabla y$ and $\nabla p$. That $$\label{pb}
\left\llbracket \frac{\partial y}{\partial n}V^T\nabla p\right\rrbracket=\left\llbracket \frac{\partial p}{\partial n}V^T\nabla y\right\rrbracket =\left<V,n\right>\left\llbracket \frac{\partial y}{\partial n}\frac{\partial p}{\partial n}\right\rrbracket=0$$ follows from (\[n\]), (\[adjoint3\]) and (\[bracket0\]). Thus, we obtain the shape derivative of ${{\mathscr{L}}}$ expressed as interface integral: $$\label{shape_der_interface}
\boxed{
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]=-\int_u \left\llbracket f\right\rrbracket p\left<V,n\right>ds
}$$ Now, we consider the objective $J$ in (\[oc1\]) with perimeter regularization. Combining (\[shape\_der\_interface\]) with proposition 5.1 in [@Novruzi-2002] we get $$\label{shape_derivative_interface_reg}
\boxed{
\frac{\partial}{\partial u}{{\mathscr{L}}}(y,u,p)[V]=\int_u \left(-\left\llbracket f\right\rrbracket p+\mu\kappa\right)\left<V,n\right>ds
}$$ where $\kappa$ denotes the curvature corresponding to the normal $n$.
Note that (\[shape\_der\_interface\]) is equal to $\frac{\partial}{\partial u}J(y,u)[V]$ without perimeter regularization and (\[shape\_derivative\_interface\_reg\]) is equal to $\frac{\partial}{\partial u}J(y,u)[V]$ with perimeter regularization due to the theorem of Correa and Seeger as mentioned above.
We focus now on the weak formulation (\[weak-KKT.1\]-\[weak-KKT.3\]) and observe the following for the right hand sides in the case of (\[oc1\]–\[oc3\]): $$\begin{aligned}
-a_u({\bar{z}},p)-\frac{\partial}{\partial y}J(y,u){\bar{z}}=& -\int_{\Omega(u)}\nabla {\bar{z}}^T\nabla p+(y-\bar{y}){\bar{z}}\hspace{.7mm}dx\label{Diri.adj}\\
-\frac{\partial}{\partial u}\left[J(y,u)+a_{u}(y,p)-b_{u}(p)\right]{\bar{w}}=&\int_u \left(\left\llbracket f\right\rrbracket p-\mu\kappa\right)\left<{\bar{w}},n\right>ds\label{no2}\\
-a_{u}(y,{\bar{q}})+b_{u}({\bar{q}}) =&\int_{\Omega(u)}-\nabla y^T\nabla {\bar{q}}+f{\bar{q}}\hspace{.7mm}dx\label{Diri.state}\end{aligned}$$ These expressions are set to zero, in order to define the necessary conditions of optimality.
Now, we discuss more details about the Hessian operators in the left hand sides of (\[weak-KKT.1\]–\[weak-KKT.3\]). We first consider them without the term $H_{22}$ which requires special care. These are at the solution $(y,u,p) \in F$ of the optimization problem (\[oc1\]–\[oc3\]) for all $h:=({\bar{z}},{\bar{w}},{\bar{q}})^T\in T_{(y,u,p)}F$ as follows: $$\begin{aligned}
{2}
H_{11}(z,{\bar{z}})&= \frac{\partial^2}{\partial y^2}J(y,u)z{\bar{z}}=\int_{\Omega(u)}z{\bar{z}}dx\\
H_{12}(w,{\bar{z}})&=\frac{\partial}{\partial u}\left[a_u({\bar{z}},p)+\frac{\partial}{\partial y}J(y,u){\bar{z}}\right] w=0\\
H_{13}(q,{\bar{z}})&=a_u({\bar{z}},q)=\int_{\Omega(u)}\nabla {\bar{z}}^T \nabla q dx\\
H_{21}(z,{\bar{w}})&=\frac{\partial}{\partial y}\frac{\partial}{\partial u}(\left[J(y,u)+a_{u}(y,p)\right]{\bar{w}})z=0\\
H_{23}(q,{\bar{w}})&=\frac{\partial}{\partial u}\left[a_{u}(y,q)-b_{u}(q)\right]{\bar{w}}=-\int_u\left\llbracket f\right\rrbracket q\left<{\bar{w}},n\right>ds\\
H_{31}(z,{\bar{q}})&=a_{u}(z,{\bar{q}})=\int_{\Omega(u)}\nabla z^T \nabla {\bar{q}}dx\\
H_{32}(w,{\bar{q}})&=\frac{\partial}{\partial u}\left[a_{u}(y,{\bar{q}})-b_{u}({\bar{q}})\right]w=-\int_u\left\llbracket f\right\rrbracket {\bar{q}}\left<w,n\right>ds\\
H_{33}(q,{\bar{q}})&=0\end{aligned}$$ We compute now the term $H_{22}$. It will be evaluated at the solution of the optimization problem which means that it consists only of the second shape derivative. In section \[sec4\] this solution will be a straight line connection of the points $(0.5,0)$ and $(0.5,1)$, i.e., the curvature is equal to zero. Combining proposition 5.1 in [@Novruzi-2002] with the following rule for differentiating boundary integrals $$\label{der_bound_int}
\frac{d^+}{dt}\left(\int_{\Gamma_t}\eta(t)\right)\,\rule[-4mm]{.1mm}{9mm}_{\hspace{1mm}t=0}=\int_{\Gamma} \left(D\eta[V]+\left(\frac{\partial\eta}{\partial n}+\eta\kappa\right)\left<V,n\right>\right)$$ which was proved in [@HCK86] yields $$\label{H22_1}
\begin{split}
& H_{22}(w,{\bar{w}})\\
&=G(\hess{}^{\cN}\left(J(y,u)+a_{u}(y,p)-b_{u}(p)\right)w,{\bar{w}})\\
&= \int_u -D\left(\left\llbracket f\right\rrbracket p\right)[{\bar{w}}]\left<w,n\right>-\left\llbracket f\right\rrbracket\left(\kappa p+\frac{\partial p}{\partial n}\right)\left<{\bar{w}},n\right>\left<w,n\right>\\
&\hspace*{8mm}+\mu\frac{\partial w}{\partial \tau}\frac{\partial \bar{w}}{\partial \tau}\left<{\bar{w}},n\right>\left<w,n\right>ds
\end{split}$$ where $\partial/\partial \tau$ denotes the derivative tangential to $u$. We have to evaluate the shape derivative $D\left(\left\llbracket f\right\rrbracket p\right)[{\bar{w}}]$ in (\[H22\_1\]). We observe in our special case $$\label{p0}
p=0\quad\text{on }u$$ because of the necessary optimality condition (\[no2\]). Thus, it holds that $$\label{Dp}
Dp[{\bar{w}}]=-{\bar{w}}^T\nabla p=-{\bar{w}}^T\frac{\partial p}{\partial n}n\quad\text{on }u
$$ due to (\[shape\_material\_der\]). Applying the product rule for shape derivatives yields $$\label{Dfp}
\begin{split}
D\left(\left\llbracket f\right\rrbracket p\right)[{\bar{w}}] & = \left\llbracket Df[{\bar{w}}]\hspace{.7mm}p\right\rrbracket +\left\llbracket f Dp[{\bar{w}}]\right\rrbracket\stackrel{(\ref{n})}=\left\llbracket Df[{\bar{w}}]\right\rrbracket p+\left\llbracket f \right\rrbracket Dp[{\bar{w}}]\\
&\hspace*{-1.8mm}\underset{(\ref{Dp})}{\stackrel{(\ref{p0})}=}-\left\llbracket f \right\rrbracket \frac{\partial p}{\partial n}\left<{\bar{w}},n\right>\quad\text{on }u.
\end{split}$$ Thus, the Hessian operator $H_{22}$ reduces to $$\hat{H}_{22}(w,{\bar{w}}) =\int_u \left(\mu\frac{\partial w}{\partial \tau}\frac{\partial \bar{w}}{\partial \tau}-\left\llbracket f\right\rrbracket\kappa p\right)\left<w,n\right>\left<{\bar{w}},n\right>ds.$$
By using the expressions above, we can formulate the QP (\[qp.1\], \[qp.2\]) at the solution in the following form:
$$\begin{aligned}
\label{qp.p1}
&\hspace*{-1.5mm}\min\limits_{(z,w)}F(z,w,y,p) \\
&\mbox{s.t. }
\int_{\Omega(u)}\nabla z^T\nabla {\bar{q}}\hspace{.7mm}dx-\int_u\left\llbracket f\right\rrbracket{\bar{q}}w \hspace{.7mm}ds \nonumber \\\label{qp.p2}
& \hspace*{1.2cm}=-\int_{\Omega(u)}\nabla y^T\nabla {\bar{q}}\hspace{.7mm}dx +\int_{\Omega(u)}f{\bar{q}}\hspace{.7mm}dx\, , \ \forall \bar{q}\in H_0^1(\Omega(u))\end{aligned}$$
where the objective function $F$ is given by $$\begin{aligned}
F(z,w,y,p)=&\int_{\Omega(u)}\frac{z^2}2+ (y -\bar{y}) z\hspace{.7mm}dx+ \int_u \mu\kappa w -\left\llbracket f\right\rrbracket pw\hspace{.7mm}ds\nonumber\\
&+\frac{1}{2} \int_u \mu\left(\frac{\partial w}{\partial\tau}\right)^2-\left\llbracket f\right\rrbracket \kappa p w^2\hspace{.7mm}ds.\end{aligned}$$ This QP in weak formulation can be rewritten in the more intelligible strong form of an optimal control problem:
$$\begin{aligned}
&\label{qps.1}
\hspace*{-17.5mm}\min\limits_{(z,w)}F(z,w,y,p)\\
\label{qps.2}\mbox{s.t. } -\triangle z &= \triangle y +f_1 \quad \mbox{in }\Omega_1(u)\\
\label{qps.3}-\triangle z &= \triangle y +f_2\quad\mbox{in }\Omega_2(u)\\
\label{qps.4}\frac{\partial z}{\partial n}&=f_1 w \quad\mbox{on } u\\
\label{qps.5}-\frac{\partial z}{\partial n}&=f_2 w\quad\mbox{on } u\\
\label{qps.6}z&=0\quad \mbox{on }\partial\Omega(u)\end{aligned}$$
The adjoint problem to this optimal control problem is the boundary value problem: $$\begin{aligned}
\label{ocad.1}
-\triangle q &= -z-(y-\bar{y}) \quad \mbox{in }\Omega(u)\\
\label{ocad.2}
q &= 0 \quad \mbox{on }\partial\Omega(u)\end{aligned}$$ The resulting design equation for the optimal control problem (\[qps.1\]–\[qps.6\]) is $$\label{oc.design}
0= -\left\llbracket f\right\rrbracket\left(p+\kappa pw+ q\right)+\mu\kappa-\mu\frac{\partial^2 w}{\partial\tau^2}
\quad \mbox{on }u.$$
Numerical Results {#sec4}
=================
In this section, we use the QP (\[qp.p1\], \[qp.p2\]) away from the optimal solution as a means to determine the step in the shape normal direction and thus create an iterative solution technique very similar to SQP techniques known from linear spaces. We solve the optimal control problem (\[qps.1\]–\[qps.6\]) by employing a CG–iteration for the reduced problem (\[oc.design\]). I.e., we iterate over the variable $w$ and each time the CG–iteration needs a residual of equation (\[oc.design\]) from $w^k$, we compute the state variable $z^k$ from (\[qps.2\]–\[qps.6\]) and then the adjoint variable $q^k$ from (\[ocad.1\], \[ocad.2\]), which enables the evaluation of the residual $$r^k:=-\left\llbracket f\right\rrbracket\left(p+\kappa p w^k+ q^k\right)+\mu\kappa-\mu\frac{\partial^2 w^k}{\partial\tau^2}\hspace{1mm}.$$ The particular values for the parameters are chosen as $f_1=1000$, $f_2=1$ and $\mu=10$. The data $\bar{y}$ are generated from a solution of the state equation (\[oc2\], \[oc2\]) with $u$ being the straight line connection of the points $(0.5,0)$ and $(0.5,1)$. The starting point of our iterations is described by a B–spline defined by the two control points $(0.6, 0.7)$ and $(0.4,0.3)$. We build a coarse unstructured tetrahedral grid $\Omega_h^1$ with roughly 6000 triangles as shown in the leftmost picture of figure \[fig-iterations\]. We also perform computations on uniformly refined grids $\Omega_h^2,\Omega_h^3$ with roughly 24000 and 98000 triangles. In figure \[fig-iterations\] are also shown the next two iterations on the coarsest grid, where table \[fig-iterations\] gives the distances of each shape to the solution approximated by $$\mathrm{dist}(u^k,u^*):= \int_{u^*}\left|\left\langle u^k,e_1\right\rangle-\frac12\right|ds$$ where $u^*$ denotes the solution shape and $e_1=(1,0)$ is the first unit vector. Similar to [@VHS-shape-Riemann], the retraction chosen for the shape is just the addition of the $q^kn_1$ to the current shape. In each iteration, the volume mesh is deformed according to the elasticity equation. Table [@VHS-shape-Riemann] demonstrates that indeed quadratic convergence can be observed on the finest mesh, but also that the mesh resolution has a strong influence on the convergence properties revealed.
The major advantage of the Newton method over a standard shape calculus steepest method based on the (reduced) shape derivative $$dJ(y,u)[V]=-\int_u \left(\left\llbracket f\right\rrbracket p-\mu\kappa\right)\langle V,n\rangle ds$$ is the natural scaling of the step, which is just 1 near to the solution. When first experimenting with a steepest descent method, we found by trial and error, that one needs a scaling around 10 000 in order to obtain sufficient progress.
\[fig-iterations\]
(12,4) (0,0)[]{} (4.4,0)[]{} (8.8,0)[]{}
It.–No. $\Omega_h^1$ $\Omega_h^2$ $\Omega_h^3$
--------- -------------- -------------- --------------
0 0.0705945 0.070637 0.0706476
1 0.0043115 0.004104 0.0040465
2 0.0003941 0.000104 0.0000645
: Performance of shape Lagrange–Newton algorithms: distances $\mathrm{dist}(u^k,u^*)$ from the optimal solution on meshes with varying refinement. Quadratic convergence on the finest grid can be observed.
Conclusions
===========
This paper presents a generalization of the Riemannian shape calculus framework in [@VHS-shape-Riemann] to Lagrange–Newton approaches for PDE constrained shape optimization problems. It is based on the idea that Riemannian shape Hessians do not differ from classical shape Hessians in the solution of a shape optimization problem and that Newton methods still converge locally quadratically, if Hessian terms are neglected which are zero at the solution anyway. It is shown that this approach is viable and leads to computational methods with superior convergence properties, when compared to only linearly converging standard steepest descent methods. Nevertheless, several issues have to be addressed in future investigations, like:
- More refined retractions have to be developed for large shape deformations.
- As observed during the computations, the shape deformation sometimes leads to shapes, where normal vectors can no longer be reliably evaluated. Provisions for those cases have be developed
- Full Lagrange–Newton methods may turn out being not very computationally efficient. However, this paper lays the foundation for the construction of appropriate preconditoners for the reduced optimization problem in many practical cases.
- The Riemannian shape space properties including quadratic convergence of the Lagrange–Newton approach seem to materialize only on very fine grids. A logical next development is then to use locally adapted meshes near the shape front to be optimized.
Acknowledgment {#acknowledgment .unnumbered}
==============
This research has been partly funded by the DFG within the collaborative project EXASOLVERS as part of the DFG priority program SPP 1648 SPPEXA. Furthermore, the authors are very grateful to an unknown referee for insightful comments, which helped significantly to improve the paper from an earlier version.
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[^1]: University of Trier, Department of Mathematics, 54296 Trier, Germany ([volker.schulz@uni-trier.de, siebenborn@uni-trier.de, welker@uni-trier.de]{}).
| 2023-08-21T01:27:17.760571 | https://example.com/article/6248 |
A printed copy of this booklet may also be obtained by contacting University Police at either their Evanston or Chicago offices.
The report, which provides statistics for the last three years, includes this information:
- How to Report Crimes and Other Emergencies
- Who to Report Crime to
- The Role of University Police
- Information on Campus Security Procedures and Crime Prevention
- Information about Sexual Assault and the University's Response to Sexual Assaults
- Policies Regarding Security of Residences and Facilities
- Crime Statistics for the Three Previous Years
- Information about the University Policy concerning Drugs and Alcohol
Evanston Campus
There were four arrests for liquor law violations, one more than 2003, while the number of drug law arrests dropped from 33 to 28.
The referrals for those two offenses – cases where students involved were referred to Student Affairs – dropped significantly from 2003 to 2004. There were 366 referrals for liquor law violations, compared to 654 in 2003, and there were 14 referrals for drug law violations, compared to 39 the year before.
Crimes against persons also fell sharply, dropping from 52 in 2003 to 29 last year. Most of the reports involved simple battery but the number of those fell from 32 to 15.
There were also fewer crimes against property/state, a total of 483, eight fewer than the previous year. More than half – 274 – were thefts. The majority of other crimes were burglary, burglary from motor vehicle, criminal damage, criminal trespass and disorderly conduct.
There were no bias type crimes, those manifesting prejudice, for the second straight year.
The report also includes crimes in areas near the campus. The number of crimes against persons dropped from 111 in 2003 to 81. Slightly more than half of the 81 incidents were simple battery.
Crimes against property/state off-campus decreased from 834 the previous year to 724 in 2004. More than half of the 724 incidents (390) were thefts, an increase of 46 incidents over the previous year.
The off-campus crimes are reported from the area west of campus bounded roughly by Church Street west to Green Bay Road, Green Bay north to Eastwood, and Eastwood north to the north city limits.
Chicago Campus
There were three robberies and no bias crimes on campus property in 2004. There were 140 crimes against property/state, 96 of which were thefts.
The crimes against persons in areas near the campus totaled 77, three fewer than in 2003. The 77 included 47 simple battery incidents. There were 336 crimes against property/state, 123 more than the previous year. Thefts accounted for 238 of those incidents. | 2024-01-05T01:27:17.760571 | https://example.com/article/5778 |
It Came From YouTube: The Dungeon Of Doom introduces us to THE MONSTER MENG!!!
You know what we haven’t had on Wrestlecrap in awhile? A Dungeon of Doom Segment.
Weirdly enough less than a year before this Meng was already in WCW doing a “bodyguard in a nice suit” gimmick. Kind of weird how he went from being a normal guy to a kung-fu cannibal in some kind of gold loin mask.
Smarks need to put aside their whines about the PG Era. These Dungeon of Doom segments always seemed like they’d have worked better on Power Rangers than wrestling. I could honestly see Kevin Sullivan working as a lackey for Lord Zed and Rita Repulsa.
Wasn’t “the Master” of The Dungeon of Doom, more known as the Wizard (not to be confused with the Grand Wizard) in the WWE where he managed Kamala and Sika in the 1980’s and actually made some very memorable promos?
During this era I was following WCW news/results but not actually watching the shows (didn’t have satellite TV) and didn’t know until very recently that the Dungeon of Doom had been promoted through these insane segments. How did King Curtis manage to keep up that voice through the whole thing…..? | 2024-03-26T01:27:17.760571 | https://example.com/article/9068 |
1. Technical Field of the Invention
The present invention relates generally to solenoid switches (or electromagnetic switches) for controlling power supply to starter motors. More particularly, the invention relates to a solenoid switch which has an improved arrangement of a resistor that is used to limit electric current supplied to a starter motor.
2. Description of the Related Art
Japanese Patent No. 3767550, an English equivalent of which is U.S. Pat. No. 6,923,152 B2, discloses a starter for starting an internal combustion engine which includes a motor and a solenoid switch for driving the motor in two stages.
More specifically, the solenoid switch includes a pair of main contacts, a pair of auxiliary contacts, and a resistor. The main contacts are connected in parallel with the auxiliary contacts in an electric circuit of the starter for supplying electric power from a battery to the motor. The resistor is connected in series with the auxiliary contacts in the electric circuit.
During a starting operation, only the auxiliary contacts are closed in the first stage to supply limited current, which is limited by the resistor, to the motor. Consequently, the motor is energized to rotate at a low speed, facilitating establishment of an engagement between a pinion of the starter and a ring gear of the engine. As soon as the engagement between the pinion and the ring gear has been established, the main contacts are closed in the second stage to apply the full voltage of the battery to the motor, causing the motor to rotate at a high speed.
Moreover, in the solenoid switch, the resistor is arranged in a resin-made retainer so that it surrounds the radially outer periphery of a solenoid coil with an air gap formed between itself and the solenoid coil.
However, with the above arrangement of the resistor, the outer diameter of the solenoid switch is increased by an amount corresponding to the sum of the radial thicknesses of the air gap, resistor, and retainer.
Further, since the radially outer periphery of the solenoid coil is surrounded by the retainer via the resistor, it is difficult to dissipate heat generated by the solenoid coil in the radially outward direction. As a result, the temperature of the solenoid coil increases excessively, shortening the thermal withstand time of the solenoid coil.
To lower the temperature of the solenoid coil, one may consider enlarging the solenoid coil. However, this would increase the weight of the solenoid switch as well as make it difficult to minimize the solenoid switch. | 2023-08-16T01:27:17.760571 | https://example.com/article/2421 |
Alone In A Crowd
We all have a story of feeling alone, wondering if anyone understands what we’re going through. Maybe it’s in your running life, maybe it’s about how you look, maybe experiences you’ve had. While this might not be a Christmas-friendly topic, it’s my story of loneliness that feels fresh and worthy of sharing today.
I was pregnant with my son in 2005 and in the throws of pre-baby bliss when people in my family started dying. The causes were all different, each as unique as the people themselves. Sadly we searched for answers and quipped that God needed to open up some space in our family for Colin’s birth.
The first call was from my brother. He breathlessly spoke into the phone words I never imagined in my nightmares he’d say: Liam was dead. Fell asleep at preschool and never woke up, a toddler version of SIDS. Just sixty children in the U.S. had inexplicably died this way leaving no closure, as if that’s possible for a parent to attain. Pregnant at 8 months I was unable to attend Liams memorial in Utah.
Then my brother-in-law, Steve, died just days later. An accident. He was in his 40s.
We moved to the Central Coast of California and the calls kept coming. My aunt, whose death was a shock and a cautionary tale. Caretakers often do not outlive their spouses. Simply put, what killed her was her lifestyle of ignoring her needs for the sake of her husband’s.
Soon thereafter my mother-in-law called. Something was wrong and she needed to speak in person. We sat on our porch and she told us the unbearable, unimaginable news. Andrei, my brother-in-law, was dead at 36.
Then Sam’s second son died at birth.
Another aunt. We started losing track, stopped even telling our friends. I stopped wanting to answer the phone. Our therapist asked for a Family Death Tree so she could keep them all straight. Then God added a little twist to the mix: my childhood home burned down, leaving my parents so shocked, so vulnerable. My dad barely made it out alive that night.
What surprised me about the experience of the family deaths wasn’t the intensity of my sadness nor the pain and anxiety about them. I half expected that free-fall, like riding a ferris wheel and reaching the top – OK, we’re on our way down now. What really hit me was the sense of being alone. No one in my friendship circles asked me about my experience, and no one in my community seemed to be interested. It was like I had a virus. If you talk to Caity about her grief you’ll get the Death Virus! If she brings it up, just remark at how wonderful the weather’s been lately. The deaths were always one step disconnected from me… not my brother, but Stefan’s brother. Not my sons, but my brother’s sons. Not my sisters, but my mom’s. I was supposed to be the support, not the one mourning.
My family also doesn’t talk about dead family members. To this day we have no annual rituals, no conversation about them. I bring them up and family hesitates to make eye contact. They sigh and tear up. But no one offers memories about them, no one indulges in memorializing them with me. People don’t offer any encouragement or response. It’s like they want to forget.
The deaths just trickle in now after the storms of 2005-2008. But I haven’t gotten over the pain, and I question whether others have. These family members were incredible so why would I want to give them up completely, lost to the past? I want to indulge in who they were to me and talk about them once in a while. I sent a card to a friend recently who’s experienced death. I wrote, “People who say ‘time heals’ are full of shit.” These dead people are still alive to me, not fading away. The memories are solid and my love for them is solid. Besides, when I’m dead I want to be celebrated just like I want to celebrate Liam and Andrei and Aiden and everyone else.
I have a friend and talk show host coach named Dave Congalton who wrote a book about five family members who died in one day in a fire: Three Cats, Two Dogs: One Journey Through Multiple Pet Loss. His book not only describes the process he went through losing his family but it enabled him to soak in the memories of who they were to him, share his pain and mourn their deaths. When Dave first told me about the fire I was taken aback. My own husband won’t talk about all the family, including his brother, who died. And this man is sharing the pain of his experience. I immediately felt a kinship with Dave.
In my next post, I’ll compare family death to having plantar fasciitis. Yes, it takes some stretch of the imagination, and it might offend people who have lost family members. But death and injury can both be very lonely times. Lonely times indeed.
What inspired me to run in the first place.
This post has no tag
3 comments
I fear the day when death comes near me. So far i have not lost anyone close to me. Grandparents but they were old and it was time. It was very sad and I miss them but it was the natural order of things.
I did have a misscairage and no one wanted to talk about it. I did though. I had hopes and dreams and they just ended. It felt similar to jupiters autism diagnosis. That one will always hurt even though he is still here we lost part of him.
I have always liked the mexican cultures day of the dead. The reverence and connectedness. Just because they are not here doesnt mean they are not here.
Hugs to you my friend. Im sorry you are lonely. I truly am. Thats the worst kind of lonely when there are people around.
Although some of my losses are not technically deaths, for the past 6 years or so I have been and am currently mourning losses in my life. The saddest part about grieving loss is not being able to share it with people. Its lonely. I often wonder if we can truly heal when our loss is kept hidden away from the world. I’ve had to find my own ways of grieving. Recently I’ve picked up meditation again. My meditation allows me to fall back, open my heart up to the sadness, be in a deeply vulnerable state and then let the emotions take me on a journey so I can learn from them. It is often very cathartic. Sometimes it can be exhausting though.
I could never presume to know exactly how you feel, but I have some sense of the loneliness. If its anything like mine you could definitely use a big ol’ hug and a good cry. If I were closer I would hug you, girl! | 2023-11-26T01:27:17.760571 | https://example.com/article/5528 |
Cardiorespiratory toxicity due to miconazole.
Seven patients with hematologic malignancies who were treated with miconazole for either suspected or proven fungal infections developed eight episodes of major adverse cardiorespiratory and anaphylactic reactions. All the episodes occurred after the first dose was administered, and the seven patients recovered without sequelae after the drug was withdrawn. None of them had a history of cardiac disease, and with the possible exception of one case of cardiac arrest, where the patient received doxorubicin, no predisposing factors could be found. The rate and length of administration, as well as the dose, should be carefully monitored to avoid these complications. | 2024-04-09T01:27:17.760571 | https://example.com/article/5533 |
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-2370
KENNY CASSELMAN,
Plaintiff - Appellant,
versus
AMERICAN FAMILY LIFE ASSURANCE COMPANY OF
COLUMBUS,
Defendant - Appellee.
No. 04-2378
JOHN P. ETHRIDGE,
Plaintiff - Appellant,
versus
AMERICAN FAMILY LIFE ASSURANCE COMPANY OF
COLUMBUS,
Defendant - Appellee.
Appeals from the United States District Court for the District of
South Carolina, at Charleston. C. Weston Houck, Senior District
Judge. (CA-03-3859-12-2; CA-03-3953-2-12)
Argued: May 25, 2005 Decided: June 24, 2005
___________
Before LUTTIG and SHEDD, Circuit Judges, and Eugene E. SILER, Jr.,
Senior Circuit Judge of the United States Court of Appeals for the
Sixth Circuit, sitting by designation.
Affirmed in part, reversed in part, and remanded by unpublished
opinion. Judge Luttig wrote the opinion, in which Judge Shedd and
Senior Judge Siler joined.
ARGUED: William Stuart Duncan, Georgetown, South Carolina, for
Appellants. David Wright Overstreet, CARLOCK, COPELAND, SEMLER &
STAIR, L.L.P., Charleston, South Carolina; Patrick Connors DiCarlo,
ALSTON & BIRD, Atlanta, Georgia, for Appellee. ON BRIEF: Raymond
C. Fischer, DUNCAN, CROSBY & MARING, L.L.C., Georgetown, South
Carolina, for Appellants. Thomas S. Carlock, CARLOCK, COPELAND,
SEMLER & STAIR, L.L.P., Atlanta, Georgia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
-2-
LUTTIG, Circuit Judge:
Plaintiffs-appellants Kenny Casselman and John Ethridge filed
suit in federal district court against defendant-appellee American
Family Life Assurance Company (AFLAC), seeking insurance coverage
for injuries under a policy they purchased from AFLAC. The
district court granted partial summary judgment to AFLAC on the
ground that ERISA preempted plaintiffs’ claims. The district court
also granted summary judgment to the defendant on the ground that
plaintiffs’ claims were not covered by the insurance policy and
defendant’s refusal to pay those claims was not in bad faith. For
the reasons that follow, we affirm the district court’s holding
that plaintiffs’ claims are preempted by ERISA, but reverse its
grant of summary judgment on the question of coverage and bad
faith.
I.
Casselman and Ethridge were employees of Georgetown Steel
Corporation (GSC). In the early 1990s, the Steelworkers Union
requested that the company permit hourly employees to purchase
supplemental insurance on a pre-taxed basis. J.A. 427. GSC
agreed, but required the employees to select two companies to offer
these plans, which the union did. J.A. 427-28. In 1995, AFLAC
became one of the companies whose policies were offered to hourly
employees. J.A. 428.
-3-
Casselman and Ethridge each purchased an AFLAC supplemental
insurance policy with a sickness rider and an off-the-job accident
disability rider. J.A. 159-60; 242-43. After they had purchased
the insurance policies, each was injured in a separate accident
that occurred while at work. J.A. 436. Casselman slipped and
fell, rupturing a disk in his back. J.A. 188. The ruptured disk
injured the sciatic nerve, causing problems with Casselman’s leg
and foot that precluded his return to work. J.A. 185. Casselman’s
doctor alleges that Casselman has a lumbar disc disorder. J.A.
309. Ethridge hurt his knee in a fall. J.A. 248-51. His doctor
submitted an affidavit that Ethridge suffered degenerative
arthritis of the right knee and a right knee disorder. J.A. 311.
Both men represent that their now disabling health problems did not
afflict them until after their on-the-job falls. J.A. 218-19, 253.
The plaintiffs sued AFLAC for coverage of their disabling
injuries under the sickness rider they had purchased from AFLAC,
alleging that these injuries fell under the policy’s definition of
sickness. They also alleged that AFLAC had acted in bad faith by
not paying their claims. The defendant sought partial summary
judgment on the grounds that ERISA preempted plaintiffs’ claims and
sought summary judgment on the question of coverage. The district
court granted both of these motions.
-4-
II.
On appeal, we review the district court’s grant of summary
judgment de novo. Higgins v. E.I. Du Pont de Nemours & Co., 863
F.2d 1162, 1167 (4th Cir. 1988). Summary judgment is appropriate
only if the moving party demonstrates that “no genuine issue of
material fact exists and that the moving party is entitled to
judgment as a matter of law.” Kimmell v. Seven Up Bottling Co.,
993 F.2d 410, 412 (4th Cir. 1993).
A.
The district court did not provide any reasoning for its
conclusion that ERISA preempted plaintiffs’ claims. Both parties
agree that the correctness of the district court’s determination
depends entirely on whether the AFLAC plan falls within a safe
harbor exception removing certain plans from ERISA coverage.
The safe harbor exception provides as follows:
(j) Certain group or group-type insurance programs. For
purposes of Title I of the Act and this chapter, the
terms “employee welfare benefit plan” and “welfare plan”
shall not include a group or group-type insurance program
offered by an insurer to employees or members of an
employee organization, under which
(1) No contributions are made by an employer or employee
organization;
(2) Participation [in] the program is completely
voluntary for employees or members;
(3) The sole functions of the employer or employee
organization with respect to the program are, without
endorsing the program, to permit the insurer to publicize
the program to employees or members, to collect premiums
-5-
through payroll deductions or dues checkoffs and to remit
them to the insurer; and
(4) The employer or employee organization receives no
consideration in the form of cash or otherwise in
connection with the program, other than reasonable
compensation, excluding any profit, for administrative
services actually rendered in connection with payroll
deductions or dues checkoffs.
29 C.F.R. § 2510.3-1(j). AFLAC maintains that GSC exceeded the
limited employer role outlined in (1), (3), and (4), thereby
removing the plan from the reach of the safe harbor provision.
Because the employer served functions other than those outlined in
(3), the safe harbor is inapplicable and we need not reach AFLAC’s
remaining arguments.
Courts applying the safe harbor exception have emphasized that
employers can only assume a very limited role with respect to the
plan if the third prong is to be satisfied. See Butero v. Royal
Maccabees Life Ins. Co., 174 F.3d 1207, 1213 (11th Cir. 1999) (“The
regulation explicitly obliges the employer who seeks its safe
harbor to refrain from any functions other than permitting the
insurer to publicize the program and collecting premiums.”)
(emphasis in original); Hansen v. Continental Ins. Co., 940 F.2d
971, 977 (5th Cir. 1991) (similar). Here, it is clear that the
limited functions outlined in the regulation -– permitting
publicizing of the program, collecting premiums, and remitting them
to the insurer –- were exceeded by the company.
The plan administrator testified in a deposition that GSC
“chose to exclude salaried employees from participation in the
-6-
plan,” J.A. 344, an exclusion reflected in the plan documents.
J.A. 407. Notwithstanding the Union’s request for coverage
specifically for hourly employees, plaintiffs present no evidence
to contradict the administrator’s representation that the employer
selected the type of employees who would be eligible for the
program. Although the Union selected the plans that would be
offered based on a vote of its membership, J.A. 428, the employer
reviewed those plans, and the plan administrator testified that
“[i]f they had come in here with somebody that was marginal or, you
know, less than having a good company rating, we would have advised
them that we didn’t have much confidence in this carrier.” J.A.
366. To ensure that AFLAC was a “reputable and well thought of
insurance company,” GSC engaged a consulting firm to investigate
AFLAC. J.A. 387.
Both determining eligibility criteria and selecting the
insurance company have been found relevant to the determination of
whether the safe harbor is applicable. See Butero, 174 F.3d at
1213 (recognizing, in holding the safe harbor inapplicable, that
the employer picked the insurer and deemed certain employees
ineligible to participate). Given the unequivocal language of the
regulation limiting functions of the employer to the enumerated
tasks, we conclude that the employer exceeded the bounds of the
permissible interaction with the program under the safe harbor.
-7-
The plaintiffs urge a contrary conclusion by focusing on a
Department of Labor Advisory Opinion interpreting section 2510.3-
1(j), which describes an employer as “endorsing” a program within
the meaning of (j)(3) if “the employer or employee organization
expresses to its employees or members any positive, normative
judgment regarding the program.” Op. Dep’t of Labor 94-25a (1994),
1994 ERISA LEXIS 29, at *7. Plaintiffs argue that GSC did not
endorse the program under this definition, and thus that the safe
harbor applies. But the Advisory Opinion’s discussion of
endorsement does not purport to be a definition of section 2510.3-
1(j)(3) in its entirety, but only an explanation of what
constitutes “endorsement.” Contrary to plaintiff’s apparent
reading of section (j)(3), under the plain terms of that section,
an employer can violate (j)(3) by exceeding the specifically
enumerated permissible activities, even if such extra activity does
not involve “endorsement.” In fact, the advisory opinion held that
the safe harbor was not only inapplicable because the employer had
endorsed the program at issue, but also because the employer had
exceeded the specific function limitations of section 2510.3-
1(j)(3). Id. at *8. The advisory opinion thus does not impact our
conclusion that the employer’s functions exceeded those permitted
-8-
by the safe harbor exception, regardless of whether such functions
entailed “endorsement.”1
The group insurance program under which the plaintiffs
purchased their insurance is thus an ERISA plan. And “when the
validity, interpretation or applicability of a plan term governs
the participant’s entitlement to a benefit or its amount, the claim
for such a benefit falls within the scope of” ERISA’s coverage
provision, 29 U.S.C. § 1132(a), which provides “the exclusive
vehicle for actions by ERISA-plan participants and beneficiaries
asserting improper processing of a claim for benefits.” Singh v.
Prudential Health Care Plan, Inc., 335 F.3d 278, 291 (4th Cir.
2003). Plaintiffs’ claims clearly depend upon the interpretation
of the language of the plan, specifically of the term “sickness.”
These claims are thus preempted under ERISA and the district court
properly granted partial summary judgment in favor of the defendant
with respect to ERISA preemption.
1
Although a plan that satisfies the provisions of the safe
harbor is necessarily excluded from coverage under ERISA, an
insurance plan that does not fall within the safe harbor may still
fail to qualify as a plan covered by ERISA. See Butero, 174 F.3d
at 1214; Hansen, 940 F.2d at 976-77. But plaintiffs do not argue
that the plan fails to qualify as an ERISA plan at all, but only
that it is excepted from ERISA coverage by the safe harbor
exception.
-9-
B.
We do not dismiss a claim that is preempted by ERISA, but
rather “treat it as a federal claim under [29 U.S.C. § 1132].”2
Darcangelo v. Verizon Communications, Inc., 292 F.3d 181, 195 (4th
Cir. 2002). We have held that “the plain language of an ERISA plan
must be enforced in accordance with ‘its literal and natural
meaning.’” United McGill Corp. v. Stinnett, 154 F.3d 168, 172 (4th
Cir. 1998). Looking to the literal meaning of the terms in the
AFLAC policy purchased by plaintiffs, it is clear that the district
court erred in granting summary judgment to the defendant.
The policy purchased by plaintiffs provides that “[i]f you
[plaintiffs] are Totally Disabled due to Sickness, we will pay you
one-thirtieth of the benefit shown in the Policy Schedule for each
day you remain disabled.” J.A. 124. “Sickness” is defined as “a
disease or disorder first manifested more than 30 days after your
Effective Date of coverage and while coverage is in force.” J.A.
109.
The defendant urges that any disorder that is caused by a
workplace fall is necessarily outside the rider’s definition of
“sickness.” But the sickness rider places no limitations on the
permissible causes of a disorder that can constitute “sickness.”
Plaintiffs allege that they now suffer from long-term physical
2
To the extent the claims seek remedies that fall outside the
scope of 29 U.S.C. § 1132(a), however, those claims are rejected as
preempted. Singh, 335 F.3d at 290.
-10-
problems, namely lumbar disc disorder and right knee disorder. The
ordinary meaning of “disorder,” as it appears in the policy’s
definition of “sickness,” encompasses those problems regardless of
their direct cause. The ordinary meaning of “disorder” is “a
derangement of function: an abnormal physical or mental condition:
sickness, ailment, malady.” Webster’s Third New Int’l Dictionary
652 (1986). Each plaintiff clearly alleges that he suffers from a
debilitating condition which is both a derangement of function and
an abnormal physical condition, and thus each plaintiff suffers
from “sickness” under the policy definition, at least for the
purpose of defeating defendant’s motion for summary judgment. By
defining “sickness” in terms of “disorder” and without regard to
cause, the policy forecloses defendant’s narrow definition of
sickness and encompasses the plaintiffs’ physical disorders arising
from their on-the-job accidents.
To counteract the policy’s language, AFLAC focuses on the fact
that the plaintiffs selected a sickness rider and failed to select
an on-the-job disability rider, which also would clearly have
covered their claims. But the fact that the plaintiffs did not
select the on-the-job rider is irrelevant, given that the sickness
rider that they did select provides, by its terms, coverage for the
disorders for which they seek payment.
-11-
CONCLUSION
For the reasons stated herein, the judgment of the district
court that the plaintiffs’ claims are preempted by ERISA is
affirmed. The district court’s grant of summary judgment in favor
of defendants on the plaintiffs’ claims for coverage and bad faith
refusal to pay is reversed, and the case is remanded for further
proceedings consistent with this opinion.
AFFIRMED IN PART,
REVERSED IN PART,
AND REMANDED
-12-
| 2023-10-26T01:27:17.760571 | https://example.com/article/6381 |
[The action of neurotransmitters and their antagonists on oocyte maturation. The action of serotonin antagonists on the in-vitro maturation of amphibian oocytes].
Serotonin antagonists (inmecarb hydrochloride and inmecarb methiodide) stimulate in vitro maturation of Bufo viridis and Xenopus laevis oocytes or potentiate the action of progesterone. In contrast to that, serotonin inhibits or blocks oocyte maturation stimulated by progesterone or serotonin antagonists. Sensitivity of B. viridis oocytes to serotonin, its agonists and antagonists is subject to seasonal changes. A maximum sensitivity of intact oocytes is observed in February-March, and that of denuded ones in May-June. We suggest that endogenous serotonin is involved in maintenance of the block of meiosis and in the oocyte maturation control in amphibians. | 2024-05-18T01:27:17.760571 | https://example.com/article/6042 |
Gateways
BioMed Central news
The journalfocuses on a wide range of topics within neurology and neuroscience, including imaging in stroke, cranial vascular anatomy, and spine circulation. Read the latest articles and find out more about the journal, via this address http://www.nvijournal.com/
This is the official journal of the Japanese Society of Tropical Medicine. It publishes original research reviews on all aspects of tropical medicine and global health. If you've worked on clinical, epidemiological, laboratory or policy research, submit your article now.
This journal transferred to BioMed Central from Springer, having published as a subscription title since 2006. The relaunch was led by joint Editors-in-Chief Yael Netz (Israel), and Wiebren Zijlstra (Germany), and is published on behalf of the European Group for Research into Elderly and Physical Activity. EURAPA covers research on issues related to physical activity and aging across both biomedical and behavioral sciences. Visit the journal website to find out more.
The checklist addresses three areas of reporting: experimental design and statistics, resources, and availability of data and materials.
As well as posting a blog to summarize the main features, a launch editorial was published, where BioMed Central staff and the Editors of GigaScience and Genome Biology stressed the need for ensuring the reproducibility of scientific work. | 2024-05-05T01:27:17.760571 | https://example.com/article/7803 |
Q:
The difference between the Spring Framework and Spring Boot?
It is better to choose for the first time: Spring Framework or Spring Boot?
A:
The Spring Framework is a core of all other Spring IO projects
Of course Spring Boot is based on Spring Framework, too, and provides the extension configuration on convention model, if say it in two words.
And I'd say it won't hurt to use Boot for all your applications and don't just rely on Spring Framework. Anyway I'm not sure that for your applications it will just enough to use Inversion of Control. I guess you are going to use other Enterprise features, like Security, MVC, JPA, Hadoop etc. And Boot allows to simplify the configurations for most of them.
All other useful info you can find on Spring IO
| 2024-02-22T01:27:17.760571 | https://example.com/article/4136 |
Q:
Why do optical quantum computers not have to be kept near absolute zero while superconducting quantum computers do?
This is a follow-up question to @heather's answer to the question : Why must quantum computers be kept near absolute zero?
What I know:
Superconducting quantum computing: It is an implementation of a quantum computer in a superconducting electronic circuit.
Optical quantum computing: It uses photons as information carriers, and linear optical elements to process quantum information, and uses photon detectors and quantum memories to detect and store quantum information.
Next, this is what Wikipedia goes on to say about superconducting quantum computing:
Classical computation models rely on physical implementations
consistent with the laws of classical mechanics. It is known, however,
that the classical description is only accurate for specific cases,
while the more general description of nature is given by the quantum
mechanics. Quantum computation studies the application of quantum
phenomena, that are beyond the scope of classical approximation, for
information processing and communication. Various models of quantum
computation exist, however the most popular models incorporate the
concepts of qubits and quantum gates. A qubit is a generalization of a
bit - a system with two possible states, that can be in a quantum
superposition of both. A quantum gate is a generalization of a logic
gate: it describes the transformation that one or more qubits will
experience after the gate is applied on them, given their initial
state. The physical implementation of qubits and gates is difficult,
for the same reasons that quantum phenomena are hard to observe in
everyday life. One approach is to implement the quantum computers in
superconductors, where the quantum effects become macroscopic, though
at a price of extremely low operation temperatures.
This does make some sense! However, I was looking for why optical quantum computers don't need "extremely low temperatures" unlike superconducting quantum computers. Don't they suffer from the same problem i.e. aren't the quantum phenomena in optical quantum computers difficult to observe just as for superconducting quantum computers? Are the quantum effects already macroscopic at room temperatures, in such computers? Why so?
I was going through the description of Linear optical quantum computing on Wikipedia, but found no reference to "temperature" as such.
A:
I was looking for why optical quantum computers don't need "extremely low temperatures" unlike superconducting quantum computers.
Superconducting qubits usually work in the frequency range 4 GHz to 10 GHz.
The energy associated with a transition frequency $f_{10}$ in quantum mechanics is $E_{10} = h f_{10}$ where $h$ is Planck's constant.
Comparing the qubit transition energy to the thermal energy $E_\text{thermal} = k_b T$ (where $k_b$ is Boltzmann's constant), we see that the qubit energy is above the thermal energy when
$$f_{10} > k_b T / h \, .$$
Looking up Boltzmann's and Planck's constants, we find
$$h/k_b = 0.048 \, \text{K / GHz} \, .$$
Therefore, we can write
$$f_{10} > 1 \, \text{GHz} \, \,\frac{T}{0.048 \, \text{K}}$$
So, for the highest frequency superconducting qubit at 10 GHz, we need $T < 0.48 \, \text{K}$ in order for there to be a low probability that the qubit is randomly excited or de-excited due to thermal interactions.
This is why superconducting qubits are usually operated in dilution refrigerators at ~15 milliKelvin.
Of course, we also need the temperature to be low enough to get the metals superconducting, but for aluminum that happens at 1 K so actually the constraint we already talked about is more important.
On the other hand, suppose the two states of the optical qubit $\left \lvert 0 \right \rangle$ and $\left \lvert 1 \right \rangle$ the presence and absence of an optical photon.
An optical photon has a frequency of around $10^{14}$ Hz, which corresponds to a temperature of 14,309 Kelvin.
Therefore, there's an extremely low probability of the thermal environment changing the qubit state by creating or removing a photon.
This is why optical light is sort of intrinsically quantum mechanical in nature.
Don't they suffer from the same problem i.e. aren't the quantum phenomena in optical quantum computers difficult to observe just as for superconducting quantum computers?
Well, the difficulties between superconducting quantum computers and optical quantum computers are different.
Optical photons essentially don't interact with each other.
To get an effective interaction between two photons, you have to either put them through a nonlinear crystal, or do some kind of photodetection measurement.
The challenge with nonlinear crystals is that they're very inefficient; only a very small fraction of photons that go in actually undergo the nonlinear process that causes interaction.
The challenge with photodetection is that it's hard to build a photodetector that has high detection efficiency and low dark counts$^{[a]}$.
In fact, the best photo-detectors actually need to be operated in cryogenic environments anyway, so some optical quantum computing architectures need cryogenic refrigeration despite the fact that the qubits themselves have very high frequency.
P.S. This answer could be expanded quite a bit. If someone has a particular aspect they'd like to know more about, please leave a comment.
$[a]$: Dark counts means the times a photodetector thinks it saw a photon even though there really wasn't one. In other words, isn't the rate that the detector counts photons when its in the dark.
A:
Because light, at the right frequencies, interacts weakly with matter.
In the quantum regime, this translates to single photons being largely free of the noise and decoherence that is the main obstacle with other QC architectures.
The surrounding temperature doesn't disturb the quantum state of a photon as much as it does when the quantum information is carried by matter (atoms, ions, electrons, superconducting circuits etc.).
For example, reliable transmission of photonic qubits (more precisely, a QKD protocol) between China and Austria, using a low-orbit satellite as link, was recently demonstrated (see e.g. here).
Unfortunately, light also interacts extremely weakly (as in, it basically doesn't) with other light.
Different photons not interacting with each other is what makes optical quantum computation somewhat tricky.
For example, basic elements like two-qubit gates, when the qubits are carried by different photons, require some form of nonlinearity, which is generally harder to implement experimentally.
| 2024-04-13T01:27:17.760571 | https://example.com/article/3149 |
A Summit How-to for Trump, by Nixon and Reagan
By Hugh Hewitt
Sunday, March 11, 2018 at 9:54 pm | כ"ד אדר תשע"ח
(Washington Post) -
Sunday, March 11, 2018 at 9:54 pm | כ"ד אדר תשע"ח
On Thursday it was announced that President Donald Trump has accepted an offer to meet with North Korean leader Kim Jong Un. Will it be Munich 2.0 where the evil man with the evil ambitions cons the world? Or will it be a “reverse Munich,” where Trump sits down to explain in his inimitable style that it’s his way or no highway for Kim? And not only no highway, but no infrastructure left standing near any weapons site or any of Kim’s many palaces and hideaways in rubble. Whatever Trump’s approach, he can learn from his predecessors in the Oval Office.
As the world buzzed with reactions, I joined former Attorney General Edwin Meese III in front of a couple hundred people gathered for the annual Friends of Ronald Reagan dinner at Los Angeles’ California Club, where Reagan would gather with his Kitchen Cabinet to stand up the administration that would change the world. Meese ran that transition and stayed at Reagan’s side for eight years.
Because the announcement of the North Korean offer and Trump’s acceptance came hours before our conversation, I asked Meese about the Reykjavik summit between Reagan and Soviet leader Mikhail Gorbachev in October 1986. There’s a famous photograph of a grim Reagan and Secretary of State George P. Shultz leaving what many at that moment believed to be a failed sit-down. Gorbachev made sweeping offers, Meese recalled, but quite craftily saved his big demand for the last day: All the big cuts in the nuclear arsenals he proposed would come only if Reagan would abandon his Strategic Defense Initiative.
Reagan knew his own mind so thoroughly, Meese said, that this would never happen; Reagan knew going in what he would never agree to. When Gorbachev demanded the unacceptable, it was over. There was much hand-wringing outside the White House, but Reagan was vindicated as the Soviet Union slid rapidly toward dissolution. At summits, resolve matters. If Kim gets a dose of something he has never gotten before — an ultimatum of denuclearization vs. destruction — it could work.
Similar advice comes from Richard M. Nixon, who had arguably the most successful summit in modern U.S. history when he met with Mao Zedong and “opened China.” In his 1980 book …. Nixon devoted a chapter to presidential leadership, including summits. His key admonition:
“But a President should go to a summit only if the stakes are worth the risks, and if the meeting is thoroughly programmed in advance. No American President should go to a summit with an adversary unless he knows what is on the other side of the mountain.”
The entire chapter, 37 years old but as relevant as though it were written yesterday, should be circulating through the White House, from which we have to hope national security adviser H.R. McMaster does not depart and to which perhaps could be added former ambassador John R. Bolton as leader of a special working group….
Nixon wrote that “if I could carve 10 rules into the walls of the Oval Office for my successors to follow in the dangerous years ahead,” the first one would be “always be prepared to negotiate, but never negotiate without being prepared.” If the president goes with one message — full and verified denuclearization — and sticks to it, the details of implementation can be worked out later. But even it’s a reverse Munich or a Reykjavik in the Pacific, that is preferable to a photo-op that bestows prestige on one of the worst people on the planet. | 2023-10-23T01:27:17.760571 | https://example.com/article/4248 |
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Idaho Weekend get away
So as couple weeks ago I was loading up for a quick solo overnight and my kiddos started winning that they had not gotten to go camping this year. Between some other trips, the anniversary sale and a load of things that just conspired to keep us all out of the woods we just had not squeezed in a trip. Wife and I decided we needed to get out for an overnight trip before things went on any further.
So we packed up the gear on Friday night and hit the road first thing in the morning. After a few hours drive we pulled into a campground in The Middle Of No Where, Idaho. Its right between Lost, Idaho and I Think I Have Been Here Before...Maybe, Idaho. We picked out a site that had good spacing on several sets of trees and set about making some lunch before heading a few miles further to the river we would be fishing for the day.
Rock Hopper decided to start in on his trip report in his travel journal right off the bat.
We drove down the few miles and picked a spot to park along the road and we got right after it. The water in the river is low but nice deep pools have formed that each hold a nice trout.
Princess with one of her first Fine Spotted Cutthroat, a subspecies of the Yellowstone Cutthroat.
There are at least 3 species of fish in the river, Brook Trout, Rainbows and the Cutthroats.
For the first few hours we worked our way up river from pool to pool trading off taking turns fishing a spot then hiking up to the next. We covered a couple miles of river winding our way up the river where we could and then through the sage brush lined banks where we could not wade.
The Dude, being followed by Princess.
Rock Hopper with the river behind.
After a number of hours and having worked over several sections of the river we decided it was time to head back to the campground to set up for the night...And get some dinner.
It took me a while to get things set up for all of us but we had trees lined up just right.
Rock Hopper on the left with his Grand Trunk UL with a Jarbidge and a Shangri La. The Dude in the middle in front of my DIY hammock with a Jarbidge below a WBBB 1.1DBL that he would have for the night with a Toxoway behind for wind block. Chipmunk in front of the Hard Rock with a WBBB 1.1DBL .
The Hard Rock with the BB under it sporting Princess's Pink Quilt set showing through.
Chipmunk needed to show off some for the camera.
After a little dinner we HAD to roast marshmallows so I got a small fire going and we waited for some coals.
In the morning the crew had us up just as the sun was coming up. Breakfast, change clothes, pack hammocks and gear back up and ready to roll back down to the river for some more fishing. We hit the water and walked the bank for a few hours until it started to warm up.
Princess working a spot.
Brookie.
One of the smaller but more colorful Cutthroat.
The river winds is way back and forth in deep S curves through the willows in the bottom of this flat valley. Small beaver dams pool up the stream in spots but each curve holds a deep hole with wild fish holding in the crystal clear waters.
The Crew looking for the spot to cross.
Princess with another nice Cutthroat.
About 12 inches of fight.
As the day wore on we decided we should head for home. We took a little drive further up the road to see some more of where it headed up stream from where we had been so far in the valley.
The stream shrinks to a small trickle and the road continues on around the bend towards the mountains, yet for us to explore.
AWESOME! I love taking the kids to see their grandparents in ID because we always go camping. Last month we went to Grayback Gulch (a couple miles southwest of Idaho City) with all of the Missus' siblings and family--they are... extensive, but we had a blast. | 2024-02-26T01:27:17.760571 | https://example.com/article/6743 |
NEW YORK CITY — The New York Giants will look to improve on an 11-win season in which they suffered a disappointing early playoff loss this year, and it all starts in the preseason. Much of last year's team will return to the field for the G-Men in 2017, including franchise quarterback Eli Manning. Superstar wide receiver Odell Beckham Jr. will also command a lot of attention this preseason, as the underpaid star has been lobbying for a new contract.
Here is what you need to know about the Jets' 2017 preseason:
The Giants will face off against crosstown rivals the New York Jets in the annual "Snoopy Bowl" at MetLife stadium during the preseason's third week. The Giants will also play the Pittsburgh Steelers, Cleveland Browns and the defending Super Bowl champion New England Patriots.
Giants preseason games will be carried on the team's TV and radio affiliates, which means fans can tune into the games on Fox and WFAN 660 AM and 101.9 FM.
Fans with subscriptions to NFL Game Pass have also been able to stream preseason games online in past seasons.
Getting to MetLife Stadium:
Want to check out this Giants squad in person? Getting to MetLife Stadium from New York City can be tricky, but Patch is here to help.
The easiest way to get to the stadium is by taking public transportation. By taking public transportation to the game you can avoid the headache-inducing Lincoln Tunnel and New Jersey Turnpike.
New Jersey Transit runs trains from Secaucus Junction directly to MetLife Stadium. New Yorkers should catch Metro North Railroad from Grand Central Station to Secaucus Junction and transfer to New Jersey Transit.
Key roster moves:
This year's Giants squad shouldn't look too much different than last year's. After adding significant free agents during the 2016 offseason efforts were taken this year to preserve the roster and add unproven young talent through the draft.
The Giants biggest offseason move is one they didn't make. The team picked up a fourth-year option on Odell Beckham Jr.'s contract instead of hammering out a long-term extension. The move means Beckham — who's made the pro bowl in his first three seasons — will be paid just more than $1.8 million this season.
Keeping Beckham underpaid helps the Giants in terms of contract flexibility, but it could lead to an eventual contract dispute with one of the team's most talented players.
Additions:
WR Brandon Marshall: Acquired in free agency.
QB Geno Smith: Acquired in free agency.
TE Evan Engram: First round draft pick.
RB Wayne Gallman: Fourth round draft pick.
K Mike Nugent: Acquired in free agency.
Losses:
WR Victor Cruz
RB Rashad Jennings
Photo by Chris Graythen/Getty Images Sport/Getty Images | 2024-01-16T01:27:17.760571 | https://example.com/article/5698 |
Unlimited online flash games blog for people who wants to be informed about news and updates in flash games industry
Monday, February 22, 2016
Its Unique And Almost Addictive Game Play Has Resulted In It Being One Of The Most Popular Titles Of Recent Times.
The scariest and the creepiest game ever, it is known as a leader an individual: Addiction to video games hampers the health of an individual to a great extent. The beat-to-beat variation in the heart rate of the high-exposure boys play a role in contriving complex, organized movements and forming visual, tactual, and auditory data. Spending an increasing amount of time on video games can significantly reduce physical in young children, as compared to passive media like television and movies. The VES, on the other hand, had a programmable microprocessor and the game tester jobs from home sound like cheesecake, they still are not so easy to relish. If your School Unblocked Games beloved gamer likes to carry his/her game with him all Stars brings back all your favorite wrestlers from the '90s. Even in the case of single-player games, I can play them without moving anything about the effects that video games have on one's health?
The developers of these games were mostly University students who did develop war strategies help them to develop their logical skills and also help in decision making. Unknowingly, you are putting your body under strenuous conditions, were only meant for children, here's an alternate point of view. The video game developers keep coming up with newer or upgraded versions peer pressure or social aversion, it just drives us into a world that can make it all go away. Today, you can get mammoth TV sets that are 80" in to the years and the money that have been spent in R&D for the same. Call of Duty: Modern Warfare 3 The third installment in the Modern Warfare series, Call of hobbies and activities that one engages in, for entertainment. Along with the lead character, there is also a secondary character the passage of time, they also lack the abilities of time-management.
I can say that out of all those who indulge in video look more into the particular things that you're interested in. Heck, it's one strong kick to say 'no', it lets you release the pent up port Platform Availability: PS2, PS3, Xbox, Xbox 360, and Windows. What else can a child want when he has got his to some, not all of this money is spent on games for children. Since these levels are possible to finish in a short span of time with the reward of being also take into account the rating of video games while purchasing them. Games that teach you new skills, yes, games do teach kids new skills, such as quick and accurate typing, understand physics of racing a car, learn about historical various tasks to ensure that each of them remain happy at all times. Game elements are sometimes also incorporated in other parents for taking away his copy of the game Halo 3. | 2024-03-12T01:27:17.760571 | https://example.com/article/3615 |
56--Voter/56_Voter_peoplevoting_56_305.jpg
2
71.1909 229.829 27.6458 37.6036 0.982515
443.111 213.067 27.6732 41.9198 0.883122
| 2023-09-02T01:27:17.760571 | https://example.com/article/4570 |
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| 2023-10-16T01:27:17.760571 | https://example.com/article/6840 |
[Legal aspects of providing medical care to patients with intolerance of dental materials].
The paper presents an analysis of legal documents describing the legal side of dental care to patients with intolerance of dental materials (IDM). The features of dental treatment from the point of view of the risk of IDM are described with the examples of real court cases in precedent as well as the conditions for the onset of strict liability and exemption from liability in relation to the practice of treatment of patients with IDM. | 2023-11-06T01:27:17.760571 | https://example.com/article/6020 |
This list does not include any rigid-bodied Retina cameras, Retina Reflex models, or Retinettes.
These serial numbers are not taken from the factory records, those records were dumped decades ago. These are numbers that have been compiled from cameras seen in the 'wild'.Please note that the number on the lens is the lens serial number, not the camera serial number.The serial numbers for the Retina I types 010 & 013, and the Retina II types 011 & 014, will be found on the inside of the camera back. All other models listed on this page will have the serial number on the top plate near the accessory shoe, or in the case of some Retina Ia and IIa cameras, actually on the shoe itself. In the case of a Retina Ia or IIa with no number, this indicates that the original shoe has been lost.Sometimes a camera will be seen that has had the top cover replaced during a repair, sometimes the original serial number will be engraved on the new top, sometimes not.Cameras imported by Eastman Kodak for sale in the USA typically had an 'EK' prefix to their serial number. The numbers themselves were typically just part of the main sequence.
Do not attempt to use the serial number list to 'identify' your camera, the serial number ranges often overlap. | 2023-08-23T01:27:17.760571 | https://example.com/article/2919 |
Tuesday, October 30, 2012
How Strange To Be Anything At All
Sometimes alone in your head is a frightening place to be. This is particularly true when things go bad, and they have been going bad for us lately. As some of you may know, my wife is now 22 weeks pregnant. On September 21, the day we were supposed to find out the gender of our baby, we were informed that there were several abnormalities: the brain was not fully divided and the heart and kidneys weren't functioning properly. Even without a firm diagnosis as to why, we were told that our baby, a girl, had about a 1% chance of surviving to full term. We were devastated: what was to be a celebration became an unreal nightmare. We decided soon after to keep our baby as long as possible. Annie was our daughter, and we were past the point where we could imagine otherwise (my wife Jodi has written eloquently on our decision not to terminate the pregnancy).
We soon after learned that our baby had Trisomy 13 (an extra 13th chromosome), and that the abnormalities were critical and incompatible with life. (I will say here that the folks at Cardinal Glennon Children's Hospital Fetal Care Institute are amazing.) At most, Annie might make it to full term and perhaps live a day or two. Most likely, she will pass in utero. We began to prepare ourselves for these eventualities, describing ourselves as actively-passive. We would work to accept what we could not control, and to live with what we had for as long as we had it. So Annie became Annie. We feel her kick. We read to her. Will (Annie's big brother) talks to her and rubs Jodi's belly (and worries about being sick himself and of not wanting to "go to heaven").
Some days are harder than others, but most days are full of the joy that is Annie's life. It takes a lot of work to carve out this kind of happiness, but it has been worth it.
It's been worth it because the universe wasn't quite done. Annie's form of Trisomy 13 (Down Syndrome is Trisomy 21) was a full translocation (which only happens in about 20% of trisomy 13 cases), which is when the extra 13th chromosome attaches to the 14th. In about 25% of these cases, this translocation is inherited. We had genetic testing done. Yesterday, we learned that my wife is a carrier. She was devastated. We were devastated. What does this mean? Can we have more children? Do we want to risk going through this again? We haven't really thought through any of this yet. We just resolved to look at our healthy and wonderfully amazing son and feel lucky as hell. Just look at him: pretty fucking amazing, right?
So, I'm in my head a lot these days. After all, as an academic I'm pretty much paid to think all day, which is not exactly a choice profession with all this on your mind. And so to get some work done, I have to start thinking about Annie in terms of my research: object-oriented rhetoric, new materialism, vibrant matter, where the lesson is over and over again the complexity of the world and the fact that everything has a kind of force. And you start to feel vulnerable. Even our genes are out to get us.
But that's rather pessimistic and counter to the actively-passive stance we had taken. Vulnerability brought us Will. Vulnerability brought my wife and I together. We are each us of affect-able, persuadable, moveable, and changeable. Because we are these things we get to be something at all in the first place. Most days I get to feel Annie kick. I have seen pictures of her: her rainbow spine and the hands that will never open all the way. And these kicks are more than signs, more than symbolic representations of life; they are her being alive. And these kicks aren't even her fighting the good fight: they are simply Annie living as Annie.
She isn't battling: we aren't battling. We are all of us vulnerable and alive because of it. All we are ever doing is being alive. I have a daughter that I will only live with for nine months, and most of that, all of it most likely, will be in utero. I celebrate that. I honor that. I grieve for that. This isn't a simple celebration or a treatise on the value of human life. This post isn't pro- anything. It is an active recognition of our permanent (and sublimely passive) vulnerability—not to a higher power, our own power, or some other life force, but a complicated jumble of other things, each as vulnerable as the next.
Vulnerability is the chance to be anything at all and often times for only a moment. We can only ever be actively passive in the face of this, in the face of others, in the face of a world we are thrown into, kicking and screaming.
about _monster
Pure_Sophist_Monster is Nathaniel Rivers, an Assistant Professor of English at Saint Louis University. _Monster teaches rhetorical theory and writing at the undergraduate and graduate levels. _Monster's areas of interest in include Rhetorical Theory, History of Rhetoric, Public Rhetorics, Composition, Professional and Technical Communication, Computers and Writing, Philosophy of Mind, and Neuroscience and Humanities. Please visit www.nathanielrivers.com for more information.
focus & direction
As this blog's title suggests, a majority of the posts will address issues of sophistry, a term we can roughly equate with rhetoric (although not unproblematically). Sophistry is a particular kind of rhetoric and most understandings of it are pejorative. The historian of rhetoric Susan Jarrett says that the sophists have historically been seen as "arch-deceptors, enemies of Truth, manipulators of language" (xi Rereading the Sophists). Viewed less pejoratively (and more productively), however, we can say that the sophists were committed to an understanding of truth and values as (culturally and situationally) contingent, and that they were invested in language as means of navigating these contingencies. For many of the sophists (a group that is hard to define through time), the human experience is defined by flux and the possibilities for transformation.
This thoroughly sophistic blogs hopes to address particular contingencies (political, historical, bodily, and environmental) and to do so genuinely and generously.
why the crow?
The image of a crow adorns this blog because of its association with a founder of ancient Greek rhetoric, Corax of Syracuse, whose name means "crow." | 2023-09-07T01:27:17.760571 | https://example.com/article/8204 |
Daren,
Maynard Oil at meter # 6674 revised their nom from 4,920 to 5,595 for July.
Bob | 2024-03-20T01:27:17.760571 | https://example.com/article/8748 |
Epinephrine induces tissue perfusion deficit in porcine endotoxin shock: evaluation by regional CO(2) content gradients and lactate-to-pyruvate ratios.
Epinephrine is widely used as a vasoconstrictor or inotrope in shock, although it may typically induce or augment lactic acidosis. Ongoing debate addresses the question of whether hyperlactatemia per se is a sign of tissue perfusion deficit or aerobic glycolysis. We wanted to test the hypothesis that epinephrine has selective detrimental effects on visceral perfusion and metabolism. We performed rigorous regional venous blood gas analyses as well as intraperitoneal microdialysis. We used a mathematical model to calculate regional arteriovenous CO(2) content gradients and estimated the magnitude of the Haldane effect in a porcine model of prolonged hypotensive shock induced by endotoxin infusion (mean arterial blood pressure < 60 mmHg). Subsequently, vasopressors (epinephrine or norepinephrine) were administered and adjusted to maintain systemic mean arterial pressure > 70 mmHg for 4 h. Epinephrine caused systemic hyperlactatemia and acidosis. Importantly, both systemic and regional venous lactate-to-pyruvate ratios increased. Epinephrine was associated with decreasing portal blood flow despite apparently maintained total splanchnic blood flow. Epinephrine increased gastric venous-to-arterial Pco(2) gradients and CO(2) content gradients with decreasing magnitude of the Haldane effect, and the regional gastric respiratory quotient remained higher after epinephrine as opposed to norepinephrine infusion. In addition, epinephrine induced intraperitoneal lactate and glycerol release. We did not observe these adverse hemodynamic or metabolic changes related to norepinephrine with the same arterial pressure goal. We conclude that high CO(2) content gradients with decreasing magnitude of the Haldane effect pinpoint the most pronounced perfusion deficiency to the gastric wall when epinephrine, as opposed to norepinephrine, is used in experimental endotoxin shock. | 2023-10-12T01:27:17.760571 | https://example.com/article/4048 |
738 N.W.2d 235 (2007)
Craig D. VEUCASOVIC and Barbara Veucasovic, Plaintiffs-Appellants,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.
Docket No. 133815. COA No. 271771.
Supreme Court of Michigan.
September 21, 2007.
On order of the Court, the application for leave to appeal the April 3, 2007 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
| 2024-04-10T01:27:17.760571 | https://example.com/article/5629 |
Q:
Excel: How is this graph even possible?
I made a line graph using two sets of data:
However, the blue line is totally out of place somehow and I have no idea why. I feel like I've checked everything. What could be going wrong?
A:
Following on from @fiso's answer, are you sure you have a scatter plot and not a stacked plot of some kind?
A:
For some reason the blue line in the graph is like the sum of both numbers, the blue and the pink.
| 2024-04-20T01:27:17.760571 | https://example.com/article/3841 |
3p microsatellite alterations in exhaled breath condensate from patients with non-small cell lung cancer.
The still-high mortality for lung cancer urgently requires the availability of new, noninvasive diagnostic tools for use in early diagnosis and screening programs. Recently, exhaled breath condensate (EBC) has been proposed as a useful tool to obtain biological information on lung cancer disease. This study provides, for the first time, evidence that DNA alterations already described in lung cancer are detectable in EBC from patients with non-small cell lung cancer (NSCLC) and in healthy subjects. Thirty patients with histologic evidence of NSCLC and 20 healthy subjects were enrolled in the present study. All subjects had allelotyping analysis of DNA from EBC (EBC-DNA) and from whole blood (WB-DNA) of a selected panel of five microsatellites (D3S2338, D3S1266, D3S1300, D3S1304, D3S1289) located in chromosomal region 3p. Results from healthy subjects and subjects with cancer, and from EBC and WB, were compared. In addition, the relationships with smoking habit and clinicopathologic tumor features were considered. Microsatellite alterations (MAs) were found in 53% of EBC-DNA and in 10% of WB-DNA loci investigated in patients with NSCLC (p < 10(-6)); conversely, MAs were present only in 13% of EBC-DNA and in 2% of WB-DNA informative loci in healthy subjects. In patients with NSCLC, a direct association between number of MAs detected in EBC-DNA and tobacco consumption was observed. We conclude that EBC-DNA is highly sensitive in detecting MA information unique to patients with lung cancer. Furthermore, MA information seems to be directly related with tobacco consumption, and is potentially applicable to screening and early diagnostic programs for patients with NSCLC. | 2023-12-01T01:27:17.760571 | https://example.com/article/3680 |
Fiberglass Baptistries
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For more than 100 years, Little Giant has supplied churches, chapels and religious facilities with high-quality, fiberglass baptisteries. Our fiberglass baptisteries can be easily built to specs for new construction, or retrofitted to existing spaces. Each unit offers a satin-smooth, rustproof finish for lasting beauty and elegance.
Baptistry Features:
Wide range of sizes and shapes
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Turnkey packages that include drains, faucets, heaters and auto-control systems | 2023-12-30T01:27:17.760571 | https://example.com/article/2588 |
141 Ariz. 157 (1984)
685 P.2d 1309
William Stewart ALEXANDER and Constance Jean Alexander, husband and wife, Petitioners,
v.
SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; Honorable Peter D'Angelo, Judge thereof; State of Arizona, ex rel., Robert K. Corbin, Attorney General; and the Arizona Corporation Commission, real parties in interest, Respondents.
No. 17343-SA.
Supreme Court of Arizona, In Banc.
May 29, 1984.
Reconsideration Denied July 10, 1984.
Farley, Robinson & Lee by James J. Farley, R. Chip Larsen and Harris & Peacock by Donald W. Harris, Phoenix, for petitioners.
CAMERON, Justice
This is a petition for special action taken from an order of the trial court disqualifying petitioners' attorneys, Farley, Robinson & Lee, from further representation of the petitioners, William Stewart Alexander and Constance Jean Alexander. We have jurisdiction pursuant to Art. 6, § 5(4) of the Arizona Constitution and Rule 8, Arizona Rules of Procedure for Special Actions, 17A A.R.S.
We must answer one question:
Does the State have standing to object to petitioners' representation by Farley, Robinson and & Lee?
The facts necessary for a determination of this matter on appeal follow. Prior to November, 1982, the Alexanders were engaged in selling tax shelters in greyhound racing dogs. The Internal Revenue Service disallowed most of the investment tax credits, depreciation, and other deductions claimed by the investors who had purchased greyhound racing dogs from the Alexanders.
In November of 1982, Alexander asked his legal counsel, Greg Robinson of Farley, Robinson & Lee, to represent the investors in Tax Court for the purpose of obtaining a reversal of the IRS rulings. Robinson sent a form letter to over seventy investors, advising them that he had been retained by Mr. Alexander to file petitions in Tax Court. The letter read:
Dear ________:
I have been retained by Mr. William S. Alexander to file United States Tax Court petitions with respect to the Notices of Deficiency issued by the Internal Revenue Service relating to greyhound investments. I will be filing a group petition on behalf of you and other investors.
Mr. Alexander has provided me with a copy of the Notice of Deficiency mailed to you. I have not received a copy of the A & A Kennels file on your greyhound investment.
Enclosed is a checklist of inv formation which will enable me to pursue this matter on your behalf. Please complete the form and return it to me in the enclosed envelope no later than November 15, 1982.
Investors interested in being represented by Robinson in the Tax Court were asked to complete a checklist of information so that Robinson could pursue the matter on their behalf. Thereafter, Robinson filed petitions on behalf of most of the investors who were contacted based upon the information submitted by the investors and the Alexanders' kennel file on each investor's greyhound. Robinson did not bill the investors for these services but did, as the letters indicated, look to the Alexanders for his attorney fees in the matter.
*160 Robinson did not meet personally with any of the investors, and his only contact with them, with one exception, was limited to phone inquiries by the investors as to the status of the petitions. Robinson also advised the investors to settle with the IRS because the prospects of success in Tax Court were not promising. The only exception was Perry Johnson, who called Robinson to inquire about the status of the petitions. In the course of this conversation, Johnson disclosed to Robinson that, on the advice of Alexander, he had backdated a document relating to his investment. Johnson's affidavit (obtained by the State) read:
41. That I received a letter dated November 2, 1982, from Gregory A. Robinson (Robinson) of Farley, Robinson & Lee, attorneys for William S. Alexander * * *. In this letter Mr. Robinson advised me that he was retained by Alexander to file petitions on behalf of investors in greyhound dogs with the IRS in respect to the Notices of Deficiency. I completed a form authorizing him to represent me in this action.
* * * * * *
43. That I did not hear anything further from Mr. Robinson regarding the status of the IRS case. On approximately October 6, 1983, I called Mr. Robinson to find out the status of the case. I informed him that I had been advised by Mr. Alexander that if I paid for the dog before April, 1980, I would be able to obtain a tax credit for 1979 and 1980; that Alexander had filled out the Bill of Sale * * *, back-dating it to March 31, 1979 and signed it in my presence.
44. That Mr. Robinson responded that "quite candidly" the IRS was looking for that type of information and if they found out about it they could criminally prosecute Alexander and myself. He implied that I should not pass this information on to anyone else. He also told me that because my dog was dead I did not have a good case to support the tax credits and deductions which I took on my 1979 and 1980 tax returns. I asked Mr. Robinson if he was still representing me and he was very evasive.
45. That Mr. Robinson has given me no legal advice concerning my tax audit as to whether I should pay my tax liabilities, proceed with the tax audit, appeal from an adverse determination or whether I have a cause of action against Alexander.
In September of 1983, after the last petition was filed in the Tax Court, the State served the Alexanders a summons and complaint alleging violations of the Arizona Securities Act, A.R.S. § 44-1841, et seq., the Arizona Consumer Fraud Act, A.R.S. § 44-1521, et seq., and the Arizona Racketeering Act, A.R.S. § 13-2301, et seq. The case was denominated a "priority case" pursuant to A.R.S. § 13-2314(H), which requires that the matter be expedited. Simultaneously, a temporary restraining order without notice was issued and the Alexanders' assets and accounts were seized. The next day the Alexanders were served with twenty-three separate pleadings and papers.
Before the Alexanders could respond, the State filed a motion to disqualify Farley, Robinson & Lee from further representation of the Alexanders. The State contended that the law firm's representation of the investors in Tax Court would place it directly in conflict with its representation of the Alexanders in the present action. The State also alleged that the information given by investor Johnson was a client confidence and that its disclosure would violate Canon 4 of the Model Code of Professional Responsiblity.
On 5 January 1984 the Superior Court, after a hearing, issued an order to the effect that (1) while an apparent mutuality of interests existed between the Alexanders and the investors, one exception was the communication to Robinson from investor Johnson regarding backdating, (2) such communication was a client confidence under DR 4-101, and (3) this circumstance alone constituted a sufficient conflict of interest to disqualify Farley, Robinson & Lee from further representation of the Alexanders. *161 Disqualification of counsel was ordered and the Alexanders sought relief by filing a special action in this court. We granted oral argument and a stay of proceedings in the Superior Court. After oral argument we accepted jurisdiction because there is no plain, speedy, or adequate remedy by appeal and because it is a matter of statewide importance. See State v. Superior Court of Arizona, In And For the County of Maricopa, 129 Ariz. 156, 159, 629 P.2d 992, 995 (1981).
Only in extreme circumstances should a party to a lawsuit be allowed to interfere with the attorney-client relationship of his opponent, e.g., Board of Education of New York City v. Nyquist, 590 F.2d 1241, 1246 (2d Cir.1979); Trinity Ambulance Service, Inc. v. G & L Ambulance Services, Inc., 578 F. Supp. 1280, 1282 (D.Conn. 1984). The burden should be upon the moving party to show sufficient reason why an attorney should be disqualified from representing his client. Whenever possible the courts should endeavor to reach a solution that is least burdensome upon the client or clients.
The State's allegations bring into play three Canons from the American Bar Association's Model Code of Professional Responsibility: Canon 4 ("A Lawyer Should Preserve the Confidences and Secrets of a Client"), Canon 5 ("A Lawyer Should Exercise Independent Professional Judgment on Behalf of a Client"), and Canon 9 ("A Lawyer Should Avoid Even the Appearance of Professional Impropriety"). We have adopted the Model Code as part of the Arizona Rules of the Supreme Court, with some modifications. Rule 29(a), Arizona Rules of the Supreme Court, 17A A.R.S. The Canons themselves do not appear in our Rules. Instead, our Rules consist of Disciplinary Rules (DR's) derived from the Model Code's rules. The confidence rule states:
Preservation of Confidences and Secrets of a Client
(A) "Confidence" refers to information protected by the attorney-client privilege under applicable law, and "secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
(B) Except as permitted by DR 4-101(C), a lawyer shall not knowingly:
(1) Reveal a confidence or secret of his client.
(2) Use a confidence or secret of his client to the disadvantage of the client.
(3) Use a confidence or secret of his client for the advantage of himself or of a third person, unless the client consents after full disclosure.
* * * * * *
DR 4-101, Rule 29(a), Arizona Rules of the Supreme Court, 17A A.R.S. The conflict of interest rule reads:
Refusing to Accept or Continue Employment if the Interests of Another Client May Impair the Independent Professional Judgment of the Lawyer
(A) A lawyer shall decline proffered employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by the acceptance of the proffered employment, except to the extent permitted under DR 5-105(C).
(B) A lawyer shall not continue multiple employment if the exercise of his independent professional judgment in behalf of a client will be or is likely to be adversely affected by his representation of another client, except to the extent permitted under DR 5-105(C).
(C) In the situations covered by DR 5-105(A) and (B), a lawyer may represent multiple clients if it is obvious that he can adequately represent the interests of each and if each consents to the representation after full disclosure of the possible effect of such representation on the exercise of his independent professional judgment on behalf of each client.
* * * * * *
*162 DR 5-105, Rule 29(a), Arizona Rules of the Supreme Court, 17A A.R.S.
A communication between a client and his attorney is considered confidential, and therefore privileged, if "the communication [was] made in the context of the attorney-client relationship and [was] maintained in confidence." Casenote, 19 Ariz.L. Rev. 587, 592 (1977); accord, Casenote, 19 Ariz.L.Rev. 602, 610 (1977). See also, A.R.S. § 12-2234 (attorney-client testimonial privilege). When considering whether a confidence was received, we must first determine if an attorney-client relationship existed. We believe the appropriate test is a subjective one, where "the court looks to the nature of the work performed and to the circumstances under which the confidences were divulged." Developments of the Law Conflicts of Interest in the Legal Profession, 94 Harv.L.Rev. 1244, 1321-22 (1981) ["Developments"]. E.g., Westinghouse Electric Corp. v. Kerr-McGee Corp., 580 F.2d 1311, 1319-20 (7th Cir.1978), cert. denied, 439 U.S. 955, 99 S.Ct. 353, 58 L.Ed.2d 346 (1978); Trinity, supra, at 1283. "An attorney-client relationship is said to exist when the party divulging confidences and secrets to an attorney believes that he is approaching the attorney in a professional capacity with the intent to secure legal advice." Trinity, supra, at 1283, citing Developments, supra, at 1322.
In the present case, an attorney-client relationship existed between Robinson and the Alexanders. Robinson gave the Alexanders advice concerning the tax shelters and other transactions. He consented to representing the Alexanders in Tax Court and, as part of Robinson's representation of the Alexanders, consented to represent the investors who had purchased the tax shelters. Robinson's relationship with the Alexanders is clearly an attorney-client relationship.
Whether the client thought an attorney-client relationship existed is important in evaluating the relationship. Trinity, supra, at 1283. The record shows it would have been reasonable for Johnson and the other investors to believe Robinson was their attorney for the Tax Court case. Johnson completed the form authorizing Robinson to represent him and the checklist of information for Robinson's use. Johnson has not sought to retain another attorney. Even though Robinson did not advise Johnson concerning his tax audit, tax liabilities, possible appeals, or other causes of action (for example against the Alexanders), we find Robinson was the attorney for the investors, including Johnson, in the Tax Court.
We must next decide whether any confidential communications were made and maintained. Apparently, the only possibly confidential communication was Johnson's statement concerning the backdating of the bill of sale. We believe, however, that the simultaneous representation exception applies:
[I]t is our conclusion that the privilege provided by the law, statutory or common, although quite conclusive as between an attorney and a sole client, does not apply as to communications between the parties involved in a given transaction which has been submitted to an attorney for action or advice by two or more persons for their mutual benefit.
* * * * * *
[I]t seems desirable and proper to permit and encourage the consultation of an attorney by several parties on matters or transactions in which they have joint and mutual interests, although in almost every such case there is a potential conflict of interest and, if and when it develops, that lawyer cannot and should not try to render further service or advice therein.
Henke v. Iowa Home Mutual Casualty Company, 249 Iowa 614, 620-21, 87 N.W.2d 920, 924 (1958). See also, Moore, Conflicts of Interest in the Simultaneous Representation of Multiple Clients: A Proposed Solution to the Current Confusion and Controversy, 61 Tex.L.Rev. 211, 226 (1982) ("Potential benefits that may outweight the risk of multiple representation include reduced legal fees, the avoidance of unnecessary future conflicts, and, in litigation, *163 the opportunity to present a united front."). Thus, there is a recognized presumption that "[a]s between joint clients ordinarily there is no expectation of confidentiality." Udall & Livermore, Arizona Practice, Law of Evidence § 74 at 142. E.g., Nitrini v. Feinbaum, 18 Ariz. App. 307, 313, 501 P.2d 576, 582 (1972); Nichols v. Elkins, 2 Ariz. App. 272, 277, 408 P.2d 34, 39 (1965); Petty v. Superior Court, 116 Cal. App.2d 20, 29, 253 P.2d 28, 34 (1953). In the instant case, the Alexanders have no objection to Robinson's continued representation, and because Johnson has revealed any information that might have been confidential, that information is no longer privileged. If the client himself does not treat the particular communication as privileged, that communication will not be recognized as a confidence by this court. See Allegaert v. Perot, 434 F. Supp. 790, 800 (S.D.N.Y. 1977), aff'd 565 F.2d 246 (2d Cir.1977)("secondary" client did not have any expectation that his communication would be kept secret from "primary" clients); Petty, supra, 116 Cal. App.2d at 29, 253 P.2d at 34 (client being jointly represented did not assert that information given out of the presence of other client was confidential and therefore no confidential communication found); Udall & Livermore, supra, at 142 ("if the client were to tell people what he told his lawyer, the privilege could be found no longer to attach either on the ground that this was an implicit waiver or that such conduct demonstrated the original communication not to have been intended to be confidential.").
Johnson has not treated the information concerning the backdated document as if it were privileged. He testified to the information in an affidavit, which has become a matter of public record. If the information ever were privileged, that privilege has been implicitly waived. DR 4-101 is not applicable to the present case.
The question remains whether DR 5-105 would disqualify petitioner's counsel from representing the investors in Tax Court. Concurrent representation does not become a problem unless the interests of the clients are adverse or become adverse during the trial. See State v. Latigue, 108 Ariz. 521, 522, 502 P.2d 1340, 1341 (1972); In re Maltby, 68 Ariz. 153, 155, 202 P.2d 902, 903 (1949). "When adverse representations are undertaken concurrently, * * * the appropriateness of disqualification must be measured against `the duty of undivided loyalty which an attorney owes to each of his clients.' * * * [T]he court's attention in these cases will likely be riveted on the more compelling grounds provided by Canon 5 and the ancient maxim that `no man can serve two masters'." Note, The Chinese Wall Defense to Law-Firm Disqualification, 128 U.Penn.L.Rev. 677, 684 (1980).
Although the Alexanders and the investors had mutual interests when Farley, Robinson & Lee agreed to represent the investors, it appears that adverse interests may develop between the two parties. Because of this, the firm may no longer represent the investors under DR 5-105. The Alexanders are the firm's "primary" clients and should retain the firm's loyalties over and above the investors. See Allegaert v. Perot, supra, at 800, aff'd 565 F.2d 246 (2d Cir.1977) ("the firms' respective clients are entitled to the continued services of the lawyers upon whose advice they have been relying over these many years"); accord, Williamsburg Wax Museum v. Historic Figures, 501 F. Supp. 326, 330 (D.D.C. 1980); Domed Stadium Hotel, Inc. v. Holiday Inns, Inc., 479 F. Supp. 465, 468-69 (E.D.La. 1979). The investors, therefore, must employ other counsel.
We are next presented with the problem of representation adverse to that of a former client. The investors will now be former clients of Farley, Robinson & Lee because the firm has been disqualified from representing them. The seminal case in the area of former client representation held that
the former client need show no more than that the matters embraced within the pending suit wherein his former attorney appears on behalf of his adversary are substantially related to the matters *164 or cause of action wherein the attorney previously represented him, the former client. The Court will assume that during the course of the former representation confidences were disclosed to the attorney bearing on hte subject matter of the representation. It will not inquire into their nature and extent. Only in this manner can the lawyer's duty of absolute fidelity be enforced and the spirit of the rule relating to privileged communications be maintained.
T.C. Theatre Corp. v. Warner Barothers Pictures, Inc., 113 F. Supp. 265, 268-69 (S.D.N.Y. 1953). The present litigation is, indeed, "substantially related" to the Tax Court litigation. As we have stated, however, the present case does not involve any disclosures of confidential information from Farley, Robinson & Lee's former clients. Thus, the substantial relationship test is not applicable. Several courts have agreed with this reasoning. See Trinity, supra, at 1284; Allegaert, supra, at 798, aff'd 565 F.2d 246 (2d Cir.1977); Williamsburg Wax Museum, supra, at 330; Domed Stadium Hotel, supra, at 468-69. We find no conflict of interest.
Although not adopted by this court at this time, we feel it important to discuss two of the rules found in the American Bar Association Model Rules of Professional Conduct adopted by the House of Delegates on 2 August 1983. Rule 1.7 addresses multiple representation and reads:
(a) A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents after consultation.
(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:
(1) the lawyer reasonably believes the representation will not be adversely affected; and
(2) the client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved.
In the present case, petitioners' counsel has asked to be relieved of representing the investors in Tax Court in an effort to avoid a possible conflict of interest. It is therefore obvious that petitioners' counsel did not reasonably believe that representation of the Alexanders would not be adversely affected or did believe that representing the investors might materially limit the firm's responsibilities to the Alexanders. Thus, the firm was correct in asking to withdraw from the Tax Court case.
Model Rule 1.9 reads:
A lawyer who has formerly represented a client in a matter shall not thereafter:
(a) represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation; or
(b) use information relating to the representation to the disadvantage of the former client except * * * when the information has become generally known.
We believe our holding in the present case meets both sections of Rule 1.9. Section (a) of the Rule codifies the substantially related test of T.C. Theatre, supra. We have already held that the substantially related test is not applicable in this case. See discussion, supra, at 1315. Neither would Farley, Robinson & Lee be restricted from representing the Alexanders under Section (b). The comment to Rule 1.9 provides further instruction:
Information acquired by the lawyer in the course of representing a client may not subsequently be used by the lawyer to the disadvantage of the client. However, *165 the fact that a lawyer has once served a client does not preclude the lawyer from using generally known information about that client when later representing another client.
Because Johnson's statement about backdating the document "has become generally known," it would not be excludable under Rule 1.9(b).
We are, then, only concerned with the "appearance of impropriety," and the question we have before us is whether an appearance of impropriety alone will give a party standing to interfere with an adverse party's choice of counsel. We agree with the line of cases that have applied a stricter scrutiny when reviewing possible Canon 9 violations as a basis for disqualification. See Board of Education of New York City v. Nyquist, 590 F.2d 1241, 1247 (2d Cir.1979) ("when there is no claim that the trial will be tainted, appearance of impropriety is simply too slender a reed on which to rest a disqualification order except in the rarest of cases"); Woods v. Covington County Bank, 537 F.2d 804, 819 (5th Cir.1976) ("Inasmuch as attempts to disqualify opposing counsel are becoming increasingly frequent, we cannot permit Canon 9 to be manipulated for strategic advantage on the account of an impropriety which exists only in the minds of imaginative lawyers"); International Electronics Corp. v. Flanzer, 527 F.2d 1288, 1295 (2d Cir.1975) ("Canon 9 * * * should not be used promiscuously as a convenient tool for disqualification when the facts simply do not fit within the rubric of other specific ethical and disciplinary rules"). See also ABA Formal Opinion 342 (24 Nov. 1975). It is obvious from a reading of these cases that the use of Canon 9 "as a convenient tool for disqualification" should not be encouraged. "To call for the disqualification of opposing counsel for delay or other tactical reasons, in the absence of prejudice to either side, is a practice which will not be tolerated." Cottonwood Estates v. Paradise Builders, 128 Ariz. 99, 105, 624 P.2d 296, 302 (1981).
We believe that the court, when considering a motion for disqualification based upon the appearance of impropriety, should consider the following: (1) whether the motion is being made for the purposes of harassing the defendant, (2) whether the party bringing the motion will be damaged in some way if the motion is not granted, (3) whether there are any alternative solutions, or is the proposed solution the least damaging possible under the circumstances, and (4) whether the possibility of public suspicion will outweigh any benefits that might accrue due to continued representation. After answering these questions, we do not believe the State's motion should be granted.
First, we believe that the motion is, indeed, being made for the purpose of harassing petitioners. By "drying up" petitioners' funds, the State has successfully prevented petitioners from engaging the services of a lawyer. Even if the petitioners were possessed of sufficient funds, obtaining the services of a new attorney and having him "brought up to date" in time to respond would cause petitioners to incur a much greater expense.
Second, the State has not shown it will be damaged if the motion is not granted. The only damage in this case appears to be to the Alexanders if they are denied the assistance of their counsel, Farley, Robinson & Lee.
Third, there is at least one alternative solution. Withdrawal by petitioners' counsel in the Tax Court case alleviates any possible conflict of interest that might have occurred and is a much less disruptive solution than disqualification.
Fourth, we believe disqualification at this point might actually raise public suspicion. The State appears to be using disqualification as a tactical tool. This can only promote general public suspicion of the legal profession. "[F]or the [State] to participate in the selection or rejection of its opposing counsel is unseemly if for no other reason than the distasteful impression which could be conveyed." State v. Madrid, 105 Ariz. 534, 535, 468 P.2d 561, 562 *166 (1970). See also Rodriguez v. State, 129 Ariz. 67, 70, 628 P.2d 950, 953 (1981); Knapp v. Hardy, 111 Ariz. 107, 112, 523 P.2d 1308, 1313 (1974).
Several benefits will accrue due to continued representation. The Alexanders will be represented by an attorney familiar with the case. This should save money and avoid delay. The State has declared this a priority case which means that it must be expedited by the court. By allowing the attorneys who are most knowledgeable about the case to continue to represent the Alexanders, delay can be avoided and the interest of the State expedited. The facts in this case weigh in favor of continued representation.
We acknowledge that two prior cases, Matter of Evans, 113 Ariz. 458, 556 P.2d 792 (1976) and Bicas v. Superior Court in and for Pima County, 116 Ariz. 69, 567 P.2d 1198 (App. 1977) may appear to conflict with our holding in the present case. Both cases are distinguishable on their facts. Evans, supra, was a disciplinary case, not a disqualification case, and was brought under DR 5-105. In Evans we held that the attorney in question, "by representing the complainants on other matters at the time of his drafting of the agreement, created the appearance that he was, in fact, representing the complainants at the same time, and it is not surprising that the complainants believed he was their attorney at the time the agreement was being drawn." Evans, supra, 113 Ariz. at 462, 556 P.2d at 796. Thus, the action in Evans involved confusion concerning the existence of an attorney-client relationship. That is not the case here. Investor Johnson believed that an attorney-client relationship existed between he and Mr. Robinson and we agree. Furthermore, we note that there may be situations where attorneys can be in violation of the rules and still not be disqualified from representing their clients.
In Bicas, supra, a disqualification action centering upon the possible revelation of client confidences, the court stated that, "any attorney must avoid not only the fact, but even the appearance of representing conflicting interests." 116 Ariz. at 73, 567 P.2d at 1202. Further on in Bicas, however, the court held that, "[w]here it can reasonably be said that in the course of former representation an attorney might have acquired information related to the subject matter of his subsequent representation, the attorney should be disqualified." Id. at 74, 567 P.2d at 1203 (emphasis in original). This statement is limited to the situation where a revelation of a client confidence might be possible. As we stated in our discussion of DR 4-101, supra, that is not the case here.
The matter is remanded to the trial court with directions that the order disqualifying petitioners' attorney be vacated, and for such other proceedings not inconsistent with this opinion.
HOLOHAN, C.J., GORDON, V.C.J., and HAYS and FELDMAN, JJ., concur.
| 2023-09-07T01:27:17.760571 | https://example.com/article/2389 |
November 06, 2012
The danger of "always live" development - how Disney killed Fix-It Felix on iOS
A week or two back I grabbed "Fix-it Felix" for free on my iPad. I know some of the folks making the official "Wreck-it Ralph" DS / console game, I'm looking forward to seeing the film, and the premise looked solid.
I loved it.
It wasn't as especially clever game, and there were some clear problems with it at times (barriers that prevented you from moving were hard to see, and there was no feedback for "you can't move there" to differentiate it from the all-too-common "you didn't hit the move button properly"...) but I had a great time with it. I told my friends to check it out. It kept me aware of the film - all good things.
But then today I saw there was an update for it - and now the game is ruined. All the level layouts are different - the visual feedback system is different - the controls are different. Some elements seem to be gone from the game - though they probably just got moved to later levels. Disney took a really charming game and just clubbed it into mush. Ugh.
Always Live
I'm really excited about the shift the game industry has taken the past few years - I think moving to smaller teams, niche releases, free-to-play, and always-live games is a great opportunity for those of us in the development community. But as with all change, these new paradigms are sometimes used poorly - which can shake our faith in their validity.
Always-Live game development means you change the game out from under people - all the time - without warning. Farmville was the real pioneer here, with double-blind A/B testing and design-by-numbers. It's a powerful idea, and it can really make games better. Making games better is, by any measure, a good thing! But this sort of unfettered access to games that are already being played can go horribly wrong - as I've just described with Fix-it Felix. These changes weren't the result of careful testing - they are just changes made blindly. Blind changes are a useful tool during internal development - being bold with your direction can reveal some really unexpected truths about your game. But blind changes in a live game break the trust between developer and player.
Do developers have the right to change their game without asking permission? Yes. Should they be ridiculed when they make mistakes? Yes. | 2024-03-13T01:27:17.760571 | https://example.com/article/5292 |
Candid Confessions of the Heart
You meet tons of people in your life and everyone serves their purpose and moves on. The questions lies that in the hustle bustle of life, why do very few people manage to leave a mark on you at a subconscious level? And these few people stay with you for a long period of time. If not in your lives but in thoughts, actions and in your mind; I too found someone who I like to call my muse.
My muse and my source of inspiration is someone who I look up to, to understand life and its complications. He taught me millions of things without even knowing that he was teaching. My muse bewildered me right from the word go. Strictly speaking, I had no clear image of my muse in my head. I didn’t even know if I could get inspired and even as I write this, my mind has no clear “image” of my muse in my head. He has changed and metaphorized physically and emotionally, from the very beginning. What reminded constant throughout was my fascination. Who is he? What does he stand for? What makes him who is he? How does he trick? Why would he run from love? The questions drove me on and I had to find the answers. As I tried to tread on an unknown path, I refrained from many things. Only and only; not to lose focus of where I wanted to go. I took it upon me to understand and explore (my muse) and in that very process I got what I had been looking for. And this is how I found my inspiration.
For someone who loves to write, finding the appropriate muse is a hard task. Its difficult to find someone, who can keep you inspired for so long. But at times, like me you do get lucky. At times words come easily. Sometimes they hide from me. But mostly they are inside me waiting to come out. To unblock writer block or to get the creative juices flowing all you need to do is to get in touch with what inspires you!!
You don’t need meditation or soul searching to get inspired even a small thing like a good conversation with the right person can inspire you beyond your imagination. He is an orator, an actor, an entrepreneur, a brother, a lover, a son, a friend but for me he is my inspiration. In one of the many interaction with the muse, I try to think clearly and figuring out what to do. As I sit next to the man in question who has bewildered many a people I know!! I smile even without trying and get inspired some more…… | 2024-02-19T01:27:17.760571 | https://example.com/article/1125 |
Wilful Murder (short story)
"Wilful Murder" is a short story by E. W. Hornung, and features the gentleman thief A. J. Raffles, and his companion and biographer, Bunny Manders. The story was first published as the fifth part of the collection The Amateur Cracksman, published by Methuen & Co. Ltd in London, and Charles Scribner's Sons in New York, both in 1899. This and "Le Premier Pas" were the two stories in the collection not published previously in magazine format.
Plot
Raffles and Bunny have just returned from Ireland, and Bunny anxiously waits in his rooms for Raffles to sell the emeralds they have stolen to Baird, a moneylender who is Raffles's fence. Raffles arrives, having sold the emeralds; however, Baird seems to have deduced that the disguised Raffles is actually a gentleman. Baird secretly followed Raffles back to his artist's studio, though Raffles has shaken him off. Raffles and Bunny leave to the Albany.
On the way, in Bond Street, they pass by Jack Rutter, an unfortunate drunkard who Baird has ruined financially.
Shortly after, Raffles and Bunny dine at a club. While in the smoking room, Raffles contemplates murder. Raffles explains to Bunny that he had lied earlier; Baird had, in fact, followed them to the Albany, and now knows Raffles's secret. Raffles decides that Baird must be silenced. Bunny abhors murder, but resolves to go with Raffles to Baird.
After another stop at the Albany, Raffles and Bunny take a train and walk to Baird's house in Kensal Rise. The house is highly barricaded. Raffles covers the spikes of a gate with corks and his coat, and both he and Bunny climb over. They see a light inside the house, and hear stairs creak. With Bunny's assistance, Raffles silently cuts open the glass door using a diamond, treacle, and brown paper. Using the hole, Raffles turns the door's key and draws the bolt. They enter; instantly, Raffles almost trips over something. A gaslight reveals the dead, blood-soaked body of Baird. Raffles and Bunny are shocked. Then, Bunny remembers the light from earlier. They go upstairs to search for the culprit. Raffles kicks open a locked door and they find Jack Rutter, about to escape through the window.
Rutter, surprised by them, confesses to the murder. He had passed by Baird earlier in Bond Street. Baird, seeing Rutter and Raffles speak to one another, demanded information on Raffles from Rutter; Rutter persuaded Baird to first take him to Baird's house. Once there, Rutter eventually threatened Baird with a poker. Baird fired on Rutter with a revolver. Rutter dodged, and killed Baird. Rutter wants to turn himself in, but Raffles is determined to save all three of them. He and Bunny drag Rutter away; by foot and by cab, they return to Bunny's rooms. Raffles then takes Rutter to the Chelsea studio, and packs Rutter safely on a ship to New York.
Adaptations
BBC Radio adapted part of the story into the fifth episode of its Raffles radio drama, "Wilful Murder or The Return Match", which first aired on 17 November 1985. The drama features Jeremy Clyde as Raffles and Michael Cochrane as Bunny. The first half of the episode follows many elements of the original story, with some changes:
In the drama, there is no Jack Rutter, and Baird doesn't encounter anyone while following Raffles. Accordingly, Baird follows Raffles and Bunny all the way to their club, and even asks about them there. The murder itself will eventually be committed instead by Crawshay, who flees the scene of the crime alone.
In the drama, Bunny mentions "Holmes, the Baker Street detective" as a potential adversary for Raffles.
References
Notes
Sources
External links
Free online annotated version of "Wilful Murder"
BBC Radio adaptation of "Wilful Murder or The Return Match"
Category:Short stories by E. W. Hornung | 2024-05-14T01:27:17.760571 | https://example.com/article/4836 |
Q:
Using a String that contains operators as a variable on an if-statement
Title is self-explanatory.
Instead of using:
if (link.contains(".com") || (link.contains(".net") || (link.contains(".org") || (link.contains(".info") || ("etc there are many domain names")) {
webView.loadUrl("https://www." + link);
} else {
webView.loadUrl("https://www." + link + ".com");
}
I want to do it this way if possible by declaring the String's values globally.
if (link.contains(domainNames)) {
webView.loadUrl("https://www." + link);
} else {
webView.loadUrl("https://www." + link + ".com");
}
A:
Build a regex with the domain names, then test it, e.g.
private static final Pattern DOMAIN_NAMES = Pattern.compile("\\.(?i:com|net|org|info)$");
if (DOMAIN_NAMES.matcher(link).find()) {
webView.loadUrl("https://www." + link);
} else {
webView.loadUrl("https://www." + link + ".com");
}
| 2024-02-10T01:27:17.760571 | https://example.com/article/7031 |
Survival and functional outcome after surgical resection of intramedullary spinal cord metastases.
Intramedullary spinal cord metastasis (ISCM) is a rare manifestation of systemic cancer and data about the optimal management of these lesions are lacking. To clarify the role of surgery, we investigated survival and neurological outcomes after surgical resection of ISCMs. Between 2003 and 2010, we surgically treated 10 ISCMs in 9 patients. For each patient, we retrospectively collected the following data: demographic variables, history of prior cancer, site of primary cancer, extent of cancer on presentation, degree of resection, preoperative and postoperative spinal cord impairment (American Spinal Injury Association [ASIA] grade), and postoperative survival. We investigated the relationship between these variables, overall survival, and preservation of function. Eight ISCMs were treated with gross total resection and two were treated with subtotal resection. Overall postoperative survival was 6.4 ± 9.4 months (mean ± standard deviation), with one patient still alive at last follow-up. Patients with a diagnosis of melanoma had higher mean survival than those with nonmelanoma histology (20.5 ± 13.4 vs. 2.4 ± 1.7 months, P < 0.01). Degree of resection, number of organ systems affected, ambulatory status, and ASIA grade pre operatively or postoperatively, were not significantly associated with survival. Of the nine patients, seven (78%) demonstrated no change in ASIA grade postoperatively, one (11%) improved, and one patient (11%) deteriorated. All patients who were ambulatory preoperatively remained ambulatory postoperatively and at last follow-up. Although ISCM is associated with poor prognosis, survival appears to be greater in patients with melanoma. Surgical resection does not appear to significantly lengthen survival but may be indicated to preserve ambulatory status in symptomatic patients. | 2023-09-24T01:27:17.760571 | https://example.com/article/4586 |
Oxidation-labile subfraction of human plasma low density lipoprotein isolated by ion-exchange chromatography.
We isolated subfractions of human plasma low density lipoprotein (LDL) using ion-exchange chromatography. Plasma LDL from normolipidemic subjects were applied to a DEAE Sepharose 6B column. After elution of the bulk of LDL at 150 mM NaCl (the major fraction), the residual LDL was eluted at 500 mM NaCl and designated as the minor fraction. The minor fraction, only less than 1% of total LDL, tended to be somewhat similar in certain properties to oxidized LDL, e.g., an increased negative charge, higher protein/cholesterol ratio, and a higher flotation density than native LDL. These results were consistent with data reported by Avogaro et al. (1988. Arteriosclerosis. 8: 79-87). However, assays of 125I-labeled LDL binding activity for LDL receptors equal to that of the major fraction. Incorporation of [14C]oleate into cholesteryl ester [acyl-CoA:cholesterol acyltransferase (ACAT) activity] in mouse peritoneal macrophages incubated with the minor fraction was only slightly greater than that with the major fraction. Incubation of the minor fraction with 0.5 microM Cu2+ caused a remarkable stimulation of ACAT activity, while stimulation by the major fraction required incubation with 5 microM Cu2+, suggesting that the minor fraction was relatively labile to oxidation. The minor but definite presence of a plasma LDL subfraction more negative and susceptible to oxidation implicates the possibility of its association with atherogenesis. | 2024-04-11T01:27:17.760571 | https://example.com/article/8237 |
Heya! I'm trying to work with the files of "...Iru!" for the PSX, but most seem compressed using a method that heads all the files with "SL01" ("53 4C 30 31" in hex). According to this thread, this is lzo1x compression, yet the values for SIZE and ZSIZE used by the provided script are far too large ... | 2023-12-18T01:27:17.760571 | https://example.com/article/4871 |
Q:
Is it possible to sort a mysql table with regexp replace?
Example table:
ID Name
1 Apple Color: Yellow
2 Apple Color: Red
3 Banana Color: Yellow
4 Banana Color: Brown
5 Apple Color: Yellow
Would it be possible to order this list by name, but only taking the fruit name into account, by removing the "Color: whatever" part? So the result would look like this?
ID Name
1 Apple
2 Apple
5 Apple
3 Banana
4 Banana
"Pseudocode" would be something like this i guess:
select * from fruits order by REGEXP_REPLACE(name, '/ Color:.*/', '') asc
A:
Use SUBSTRING_INDEX(str,delim,count)
... ORDER BY SUBSTRING_INDEX(str,delim,count)
Link: http://dev.mysql.com/doc/refman/5.0/en/string-functions.html#function_substring-index
| 2024-05-17T01:27:17.760571 | https://example.com/article/1377 |
The Political Roots and Ramifications of the Hobby Lobby Case
The Supreme Court has completed the quasi-religious ritual of oral argument in the Hobby Lobby case, which will decide whether a corporation can declare its piety and thus absolve itself of the need to follow laws it finds unworthy of divine blessing. Now all we need do is wait for Anthony Kennedy to deliver his judgment, and the question will be settled.
The consensus of those watching yesterday's arguments (see here, for example) was that though nothing is certain, Kennedy seemed to be leaning toward the position of the plaintiffs, and thus of every Republican in America. And it's that last part I want to talk about.
It's easy to know why the owners of the company themselves wanted to bring this case. Hobby Lobby's ownership mistakenly believes that if you use an IUD, you're committing little abortions left and right, and therefore that if their insurance covers IUDs (and a few other forms of contraception) then they're complicit in abortion. But what I'm wondering is, why is it that the GOP has worked itself up into what is almost a crusade against contraception?
I don't think anybody planned it that way. In fact, every time Republicans start talking about contraception, they end up digging themselves into a hole. You may remember how back in 2012, Rick Santorum first condemned contraception, saying it's "not okay because it's a license to do things in the sexual realm that is counter to how things are supposed to be," then quickly backtracked to say, "My position is birth control can and should be available"—in other words, if you use it you're a vile sinner destroying our society, but whatevs, have at it. Then just a few weeks later, Rush Limbaugh went off on Sandra Fluke, calling her a "slut" and a "prostitute" because she testified that the insurance plan she paid for ought to include contraception coverage. More recently, you had Mike Huckabee's colorful remarks about how slutty women are rushing to the embrace of "Uncle Sugar" who will provide them with contraception so they can go do their sluttly business.
As far as I can tell, there isn't a conservative anywhere who isn't taking Hobby Lobby's side in this case, despite the radical reimagining of the First Amendment they propose. Of course, the case involves more than just contraception, but I haven't seen anyone on the right say, for instance, that while they stand with Hobby Lobby in principle, all the publicity this case is getting is just one more thing convincing Americans that they're anti-contraception, and that's not going to do them any favors politically. Quite the contrary—from what I can tell they have no fear of any backlash.
That may be because they just don't care, so outraged are they by the idea that contraception would be part of a mandated package of benefits in an insurance plan. Or it could be that they imagine that the public is going to be on their side on this, and it'll win them lots of votes once everybody understands the Obama administration's War on Christianity. Or it could be that we got to this point because if there was any possible vehicle to undermine the Affordable Care Act, Republicans would not only pursue it but convince themselves it embodied freedom's very essence (this is what happened with their objection to the individual mandate). Or it could be all of the above.
Maybe I'm wrong, but I suspect that most Republicans don't actually realize that the "sex is sin" position has a really narrow constituency behind it. When you ask people whether birth control itself is morally acceptable, most polls show between 80 and 90 percent saying yes (see here, for example). That even includes people whose religious traditions reject it; three-quarters of Catholics want the Church to change its position on birth control. This probably isn't going to be a huge issue in November, but it is going to seriously compromise the long-term Republican effort to reach out to women and young people.
About the Author
Paul Waldman is the Prospect's daily blogger and senior writer. He also blogs for the Plum Line at the Washington Post, and is the author of Being Right is Not Enough: What Progressives Must Learn From Conservative Success. | 2024-03-18T01:27:17.760571 | https://example.com/article/1851 |
By Emperor
The Israeli embassy in France and Elad Ratson, its Director of PR (Public Relations) have threatened websites and bloggers, among them, Al-Kanz, (a website that’s previously tipped us to Islamophobia in France) with a Gaza style bombing. (hat tip: MuslimMatters)
Elad Ratson’s LinkedIn Profile:
The image created by Israel embassy website (coolisrael.fr) and shared by its PR man:
Al-Kanz and its founder Fateh Kimouche have been targeted by many who want to see the website shut down. French blogger Olivier Pechter writes:
Hassen Chalghoumi, « moderate imam », with links to radical zionist organisations, has asked the Israeli government to take down his website (july 2013). Frederic Haziza, journalist for the radical right wing Jewish « Radio J » radio station and French public TV station LCP, interviewing Jean-Christophe Cambadelis (leader of the socialist party) asked, earlier this month and in the aftermath of the killing that took place in a kosher store, how we should put an end to online « holocaust denying and antisemitic campaign » on the net, naming Al Kanz among the « bad guys » A crude lie : Al Kanz, let’s repeat it, has condemned clearly antisemitism and criticized those of his fellows that support bigot comedian Dieudonne M’Bala (2010, 2014). Nevertheless, Kanz « kept calm and carried on »
Pechter notes that the threats have continued and now you have Israel’s French Embassy getting involved in upping the ante.
, a website edited by the Israeli Embassy, wrote an article called « Islamists in France struck by a targeted missile from Israeli PR ». The so called missile is « symbolic » and refers to a stereotyped Hasbara video that was largely mocked on social networks these last days: « to which side do you belong ? ».
This is all in the backdrop of a new Hasbara (propaganda) campaign initiated by the Israeli Embassy in France that seeks to counter perceptions of Israel as uncool, murderous and suffocating of the Palestinians.
In doing so they think it is joyous to show a missile striking Gaza and creating a giant cloud of flames and debris, including no doubt human limbs and charred bodies.
This is a week when the Israeli Embassy in France launched on YouTube and Facebook a campaign entitled ” Whose side are you on? “against fundamentalism and Defence of Democracy (video shown at the end of article). Real missile targeted to Islamists but also anti-Semitic and anti-Zionists of all kinds, this Israeli communications campaign is a big hit. She made the buzz on social networks and the numbers reflect this success. 78,994 views on YouTube 709,665 views and 1,748,480 people on Facebook Our article on this video has also become one of the most read and shared the month with more than 2600 shares…. (coolisrael.fr)
The Israeli embassy and its spokesman think the usage of such imagery to make their point is going to win them sympathy and support. Somehow they have also translated the number of views and shares into a victory, even though most are the result of their video being parodied and lampooned.
According to Pechter the websites targeted are not all of the same stripe but Eldad and the Israeli Embassy wish to conflate them all together in an attempted delegitimization.
Among other websites (two far-right antisemitic websites and O , most visited Muslim website, known for his opposition to Muslim Brotherhood), we can see Al Kanz logo broken in two. At first sight, the picture (Gaza attacked) is, at the same time disgusting and childish. But it has to be taken seriously in a country with already so many « tensions » as France.
After Al-Kanz called out both the Embassy and Elad Ratson they removed the links from their social media but have not removed the article from the website, nor have they apologized.
The article was promoted by the embassy on social networks. When it provoked a « twitter battle » between Al Kanz and Israeli PR director, they withdrew the links, but not the article. Nor did they apologize.
The embassy is also directly connected to France’s chapter of StandWithUs:
is hosted by the « Ambassade d’Israël » (Israel’s embassy), as we said, and edited by Laurent (« Epelbaumas »), French leader of « Stand with us », in charge of « digital communication » at the Israeli ambassy. « Stand with us France », unlike its US branch, is a tiny organization. Its website have been hosted by the Israeli ambassy in the past, a new illustration of the links between SWU and the Israeli FM.
Interestingly after we tweeted @EladRatson about his message of hate, he blocked us:
He wants you to know that despite happily posting articles with pics of indiscriminate bombing and then sharing them all over the media he is really cool and Israel is cool because he really loves sea life and coral reefs. | 2023-08-13T01:27:17.760571 | https://example.com/article/5042 |
grapheme_substr
Description
Procedural style
intgrapheme_substr
( string$string
, int$start
[, int$length
] )
Return part of a string
Parameters
string
The input string. Must be valid UTF-8.
start
Start position in default grapheme units.
If $start is non-negative, the returned string will start at the
$start'th position in $string, counting from zero. If $start is negative,
the returned string will start at the $start'th grapheme unit from the
end of string.
length
Length in grapheme units.
If $length is given and is positive, the string returned will contain
at most $length grapheme units beginning from $start (depending on the
length of string). If $length is given and is negative, then
that many grapheme units will be omitted from the end of string (after the
start position has been calculated when a start is negative). If $start
denotes a position beyond this truncation, FALSE will be returned.
Return Values
Returns the extracted part of $string.
Changelog
Version
Description
5.4
If length is given and positive and the
argument string is shorter than the specified length, all the rest of
the string according to start parameter is
returned. Previously, FALSE was returned. | 2023-09-10T01:27:17.760571 | https://example.com/article/6143 |
Q:
Must the pointer be initialized before use , then how to understand char * p?
new learner ; something puzzle about pointer;
As I learn from books, before using the pointer it must be initialized , so we usually use like this
int a = 12;
int * p = &a;
so I understand why int* p = 12 is wrong ,because it has no address;
then I find something today while coding , That is from this :
char * months[12] = {"Jan", "Feb", "Mar", "April", "May" , "Jun", "Jul"
,"Aug","Sep","Oct","Nov","Dec"};
Then another usually used situation came to my mind , That is :
char *p = "string"; (this is ok , why int * a = 12 can't be allowed ?)
I am puzzled. when is it initialized and how ? and why int * a = 12 can't be auto initialized ? maybe something about the arrange of memory.
A:
First off:
int a = 12;
int* p = &a;
This works because &a is a memory address.
int* p = 12;
This fails mostly because 12 is not a memory address. It's also true that 12, by itself, has no address, but this would be better reflected by a snippet like int* p = &12; (which wouldn't work, as you correctly noted).
An interesting property of pointers is that they are often used to designate the start of a list of values. For instance, take this array of integers:
int a[] = {1, 3, 7, 13};
It can trivially be turned into an integer pointer.
int* p = a; // magic!
The pointee is the first element of a, so *p == 1. Now, you can also do p[0] (which is 1, too), p[1] == 3, p[3] == 7, and p[4] == 13.
The reason char* foo = "bar" works is that "bar" is not a single value: it's a character array in disguise. Single characters are denoted by single quotes. As a matter of fact:
"bar"[0] == 'b'
"bar"[1] == 'a'
"bar"[2] == 'r'
The compiler has special support for string literals (quoted strings) that make it possible to assign them straight to pointers. For instance, char* foo = "bar" is valid.
A C99-compliant compiler also has support for array literals. For instance, int* p = (int [3]){1, 2, 3}; is valid. The character array and the int array will be given a global address, because the people who made C felt that it was a useful thing to do.
A:
int* p = 12 is wrong because the assigned value may or may not belongs to memory address. You are forcing p to point at that location.
char *p = "string" is allowed because compiler already has set the space for the string and p is pointing to the first character of that string.
A:
It comes down to types.
In both C and C++, the type of a plain integer literal like 12 is int. There is no implicit conversion from the type int to the type int*, which makes sense: a pointer and an integer are, conceptually, completely different things. So int *p = 12; is invalid.
In C, a plain string literal like "abc" is translated into a static array of chars (of size exactly sufficient to store abc plus a terminating null char). The type "array of chars" is implicitly convertible to the type char* (pointer to char) - arrays are said to decay into pointers. So the assignment char *p = "abc"; is valid.
But there's a catch: it's undefined behavior to modify that array (both in C and C++). That conversion is in fact deprecated (or even illegal) in C++, and you should use const char * instead.
| 2024-07-01T01:27:17.760571 | https://example.com/article/6533 |
The reports of suburbia’s death have been greatly exaggerated. The emergence of driverless cars–like past innovations in transportation technology–will actually put significant pressure on our cities to expand. As this pressure increases, rich, white-collar workers will be more likely to live in prosperous areas beyond the suburbs. This shift will bring important–but familiar–policy challenges as segregation increases across our largest cities.
Will it happen? And if it does, when? The emergence of new transport technologies will put continued pressure on cities to expand outward as households seek bigger homes on bigger lots in less developed locales. This migration, however, isn’t a groundbreaking transformational shift. It’s more of history repeating itself, but it’s unlikely to happen quickly but rather over the coming decades.
New transportation technology has been driving an urban exodus for more than a hundred years: in the mid-1800s, omnibuses allowed households to move out from city centers to inner-ring suburbs; at the turn of the 20th century, streetcars paved the way for suburbs; and in the middle of 20th century, personal cars and the new interstate highway system created the vast commuter suburbs we know today.
Driverless cars will mark the beginning of society’s expansion to the exurbs. The game changer here is that driverless cars will lower the time cost of commuting (that is, the opportunity cost of not being able to do other things while driving a vehicle) rather than just the operational costs (which includes the costs of fuel, vehicle maintenance, insurance, etc.). This subtle yet important difference disproportionately benefits higher-income households–allowing them to exurbanize, leaving middle and low-income households behind.
There are three reasons that rich households will drive exurban expansion. First, high-income households have a higher opportunity cost of time: earning $100 per hour means your time cost, according to the market, is greater than someone who earns $30. This means these higher income consumers stand to reap greater financial benefits from adopting time-saving modes of transport, such as driverless cars. As such, they will likely be early and more widespread adopters of driverless cars.
Second, housing consumption is income elastic. That means as people make more money, their desire to live in larger homes with more open space and better public services increases. On average, high-income households live in homes that are 43% and 22% larger than low- and middle-income households, respectively. What’s more, this difference in home size preference by income class (inferred through the average number of rooms in a home) has persisted at least as far back as data allow us to go (1980), and likely further. In fact, their demand for larger homes has outweighed their time cost of commuting to the point that, aggregately, they’re currently willing to spend more time commuting than lower income households. As a result, there’s a strong argument that rich, white-collar workers are more likely to use driverless cars to live in areas that have larger homes, which tend to be on the urban periphery.
Last, and most importantly, high-income households are more likely to engage in knowledge work that can at least be partially done while riding in a driverless car. This last point is important. Since driverless cars theoretically allow white-collar workers to spend their commute time being productive, blue-collar workers can’t afford to waste time commuting to work (though they are often forced to). So though post-recession trends have seen a slight increase in the share of households living in cities, we think driverless cars will create a future where low- and middle-income households live in city centers surrounded by wealthy exurbs. | 2024-06-11T01:27:17.760571 | https://example.com/article/5778 |
On Wednesday, the Hungarian government announced plans for a new law that would effectively shut down the Central European University (CEU). In an exclusive interview, Michael Ignatieff, President and Rector of CEU, explains how his struggle today is pivotal to the academic freedom in Central and Eastern Europe.
Ignatieff says that it is the first time in the history of modern Europe that a European state has led a direct legislative attack on the academic freedom of a university and that Mr. Orban’s desire for total domination will damage the country he thinks he is defending. The rector’s message to the prime minister is clear: his institution will never close, will never bow down to threats and will continue to teach students. Read also Zsuzsanna Vegh’s account of the crisis.
Wojciech Przybylski: In your book Fire and Ashes: Success and Failure in Politics you wrote that timing is everything. It is late in the afternoon on Friday, we are in your office at the CEU in Budapest, everyone is on alert, the phones are ringing, sound of incoming mail bombarding your inbox; do you think you’re in the right moment, the right time? Are you a fortunate person?
Michael Ignatieff: [Laughing…] Well you do have to laugh, don’t you? I should pick one time, but you know, I seem to have done this twice; I worked in Canadian politics, and the night I was elected, the government I thought I was going to join was defeated.
I took this job in Budapest because I am married to a Hungarian, and I have deep connections to Hungary and love the place. I knew the political climate but thought it would be interesting and invigorating to defend free institutions in a society where… you know, this is a complicated place.
What is it? Is it a liberal democracy, is it a free society? I knew it would be challenging, whatever you call it. I knew defending academic freedom in this place would be challenging, but I frankly did not expect this to happen.
Most people assumed that he (Orban) would not risk an attack on an institution which has been part of the scene here for 25 years and poses no strategic challenge to his rule on the political scene. We are not in politics, we cannot change it, (politics) is like the weather around here. And yet, he has decided to go for it. So, we deal with everything as it comes.
One of the enormous advantages of being a free institution with a private endowment, which is almost unique in Eastern Europe in that way, is that it gives us the capacity to vigorously resist. I really do feel, I hope it is not pompous to say so, that we are fighting a battle not just on behalf of CEU but on behalf of academic freedom in Eastern and Central Europe.
I said this all along, but it has become emotional for me. Just five minutes down the street from here is a plaque of John von Neumann, the greatest mathematician of the 20th century. The Hungarian contribution to the intellectual life of Europe and the world is enormous. It’s true that my, as well as my wife’s, favourite poet is Czeslaw Milosz, but pretty close up there would be Attila Jozsef.
What is dismaying to me is that this is a government that talks about a national revival but does not seem to respect its own traditions, does not seem to respect the fact that one of the things that makes Hungary is an absolutely outsized contribution to the culture of the world. And a pre-condition for this to continue is to have some kind of freedom for its institutions. That is the biggest issue for me.
When you were coming here, you may not have been so interested in the political scene, but now you are a part of it. Do you feel like you have a broader perspective? You have just launched the series on the enemies of open society, which appears to be an increasing global phenomenon, where Viktor Orban is just one example.
Yes, you can run a narrative that Mr. Putin tried to shut down the European University in St. Petersburg, an institution I know well. Mr. Erdogan is closing campuses and imprisoning students while I am sitting here, writing recommendations for my former Turkish students to get into American PhD programs so they can escape.
But the legislation proposed by this government marks the first time in the history of modern Europe that a European state has led a direct legislative attack on the academic freedom of a university.
I do not know why Mr. Orban wants to be in a club that consists of Erdogan and Putin, nor why he does not want to be in a club that includes free societies that respect the freedom of institutions. I actually do not understand it. It seems like an act of self-harm. It seems politically irrational. What votes does he get by attacking a university?
I think that the deeper rationale, maybe, is that he simply does not want free institutions standing in the way of his increasing political domination, and that puts him in a club of people who think that democracy is a majority rule.
Majoritarian populism is very popular. You can draw analogies with Mr. Trump and with other places. But what is interesting is that every American has had a lesson of what democracy actually consists in. It consists in elections, it also consists in checks and balances.
Mr. Trump has just discovered the power of congress. Mr. Trump has just discovered the power of the courts. A genuine democracy is the place where free institutions balance power against power.
The underpinning rationale is that these are the leaders that very consciously set out to eliminate all obstacle to power in their path, and they do so in the name of democracy and in the name of the people. But there is simply no doubt that this ends up being deeply destructive to the people in whose name these actions are being conducted.
So, to answer your question – yes; there is a wider context. But this is not a political campaign against the Orban’s regime. I cannot do that, I am the president of a university, not the leader of a political party. I have no interest in challenging Mr. Orban. If he had not come after me, I would not be fighting back. It’s not my country.
But if you come after a free institution, he’s got to learn that free institutions will fight him. That’s what we have to do, that’s what freedom means.
So, what is in your arsenal to fight back with?
Here is what my day is like: I have just sent a note to the Vice-Chancellor of Cambridge, an institution which some people consider to be the greatest university of the world, but it is certainly the powerhouse in European science. Early in the day, we announced that the Vice-Chancellor of Oxford has joined our trustees.
Thirty minutes before that, I was on the phone with the President of the Hebrew University in Jerusalem, which is a great institution. He simply phoned me, out of the blue, saying: how can I help? Even earlier in the day, we received notice that seventeen Nobel prize winners have signed a letter of support along with a 150 other distinguished academics.
Every professional association in the academic field that we can think of is willing to write a letter in our support. Mr. Orban does not seem to understand that the ultimate effect of this action will lead to the increase of academic and intellectual isolation in Hungary.
That is not only for everyone in the international academic community, but in the international business community as well. I mean, are you going to risk investment in Hungary, in a place where they are shutting down a university? It is like a canary in the coal mine – it tells you that the investment climate is insecure and you should not do it.
To paraphrase one of the popes, we do have divisions, but we also have certain moral authority, which in the last 48 hours has brought about notable support. I do not want to huff and puff and say that everything is wonderful – it is a tough battle.
I know what matters to this man, and I do not think he cares what the President of the Hebrew University or other academics think, but it would be wise for him, politically, to pay some attention.
I will challenge this point-of-view. From the perspective of a majoritarian populist, it is important to realise that they see themselves as under attack, and the more they are isolated, the better. Just a year ago, the Hungarian foreign minister, Péter Szijjártó, proudly declared that the more enemies the government has, the more it knows it is right. This echoes the slogans of the early 20th century and reminds me that the enemies of liberalism have a long tradition. What are the winning strategies?
As you know, I was in politics. There are moments when you can rejoice in your enemies and use your enemies to rally your friends. I think, over time, the Hungarian people are going to get a little tired.
You can keep pursuing the international, the liberal cosmopolitans all you want, but it does not build a hospital, it does not fix the street lamps. It does not evade the reality that Hungarians have problems, and they want their government to pay attention to them instead of constantly engaging in diversionary tactics.
I have been here long enough to know that the prime minister has support. I do not underestimate it. I take it very seriously. He is the elected leader, and he has perfectly legitimate authority, but do not think he is hegemonic. As time goes by and one keeps inventing new enemies, at certain point the Hungarian people, whether over their glasses of wine or in front of their televisions, are going to say – just how stupid do you think we are?
But this takes time. I want to make it clear, and I do not underestimate Mr. Orban as a politician. He is one of the two or three cleverest politicians in Europe. I cannot tell him what to do, and I cannot tell him when his string is going to run out. But I do not think it’s indefinite.
Have you been reading closely or were you interested in his political idea of illiberalism? Because to me the concept seems to be directly opposing what any university stands for.
Actually, the funny thing is I have tried to flip it around instead of engaging in the ritual of denunciation. So, that illiberal democracy turns the spotlight on us and asks: what is it about this open society, why is it so unpopular? Why is that the people do not want to be open but closed off? Why do they prefer closed frontiers to open ones?
Why is it that they feel that their open societies – and this is very strong theme in Poland – that the transition (from communism), their entry into the market economy and the creation of liberal democracy has resulted in corruption, resulted in inequality? Those are the critics on the left, but on the right, you hear that it has resulted in the loss of national identity and the diminution of religious traditions and faiths.
There is a lot of very pertinent criticism of open society, and I actually think that the challenge for our university is to reflect honestly about what liberal democracy means and why is it that open society is so unconvincing. There is so many millions of people who thought this was the way into the future. We have to be honest.
Last night, Jacques Rupnik was talking at the CEU about Europe and why the European ideal is so increasingly unpersuasive. Why it no longer seems a destination but just a kind of bureaucratic mess. He made a note about the euro banknotes, in which, they are simply empty abstract designs omitting great national champions of culture or science. I thought it was a wonderful symbol of the emptiness. Not just of Europe but also the emptiness of open society.
I have written for 25 years about the dangers of nationalism, but I never underestimated and no personal beliefs and progressive values should ever underestimate the emotional force of faith, the emotional force of a nation, the emotional force of language, the emotional force of culture.
In some weird way, open society has backed itself into a position where it appears to be hostile to all the things that actually give meaning to people’s lives. This does not make me a conservative. I have always believed this. I am a Canadian, I am not a rootless cosmopolitan. I said, 30 years ago, in one of my books, called Blood and Belonging, that cosmopolitanism is a privilege of those with a passport. In other words, cosmopolitanism is a privilege of those with a secured national identity in a defensible state.
I do not think we have fully accepted how much resentment and a certain kind of condescension towards people’s deepest allegiances cost liberal society and also cost Europe. I do not think this is a bad time for a liberal democracy, I think the reverse; I think this is a wonderful time to smarten up.
What would be your message to Viktor Orban about open society? You had meetings with him, but if you wanted to make it public, what would be your main message that others ought to hear as well?
My message to Mr. Orbán is: anybody who actually loves Hungary and respects its intellectual and cultural traditions, who understands what the academics and intellectuals of this country have contributed to Europe, would respect the academic freedom of its institutions and not seek to destroy them for the desire of total domination. That desire will damage the country he thinks he is defending. I really do believe that.
And the other point, just in case there is any doubt, we will defend the academic independence of this institution, come what may. This institution will never close, this institution will never bow down to threats.
This institution will continue to teach students – and I hope we will teach lots of students from Poland – we would love to see more of your students come to CEU because they will join an absolutely unique community of students from 120 countries.
I have been critical of open society, but go to any of our classrooms, and you will see open society at its best.
[Photo: Wikimedia Commons]
#IstandwithCEU
This article was published in Visegrad Insight 1 (10) 2017. | 2024-04-09T01:27:17.760571 | https://example.com/article/1254 |
/*
* Copyright 2011-2019 the original author or authors.
*
* 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 org.glowroot.agent;
import java.io.BufferedReader;
import java.io.ByteArrayInputStream;
import java.io.File;
import java.io.IOException;
import java.io.InputStream;
import java.io.InputStreamReader;
import java.lang.instrument.Instrumentation;
import java.lang.management.ManagementFactory;
import java.lang.reflect.Constructor;
import java.net.URL;
import java.net.URLClassLoader;
import java.util.Arrays;
import java.util.Collections;
import java.util.List;
import java.util.ListIterator;
import java.util.Locale;
import java.util.Map;
import java.util.jar.JarFile;
import com.google.common.base.Joiner;
import com.google.common.base.Objects;
import com.google.common.base.StandardSystemProperty;
import com.google.common.base.Strings;
import com.google.common.collect.ImmutableMap;
import com.google.common.collect.Lists;
import com.google.common.collect.Maps;
import org.checkerframework.checker.nullness.qual.EnsuresNonNull;
import org.checkerframework.checker.nullness.qual.MonotonicNonNull;
import org.checkerframework.checker.nullness.qual.Nullable;
import org.checkerframework.checker.nullness.qual.RequiresNonNull;
import org.slf4j.Logger;
import org.slf4j.LoggerFactory;
import org.glowroot.agent.bytecode.api.BytecodeServiceHolder;
import org.glowroot.agent.collector.Collector;
import org.glowroot.agent.init.AgentModule;
import org.glowroot.agent.init.GlowrootAgentInit;
import org.glowroot.agent.init.GlowrootAgentInitFactory;
import org.glowroot.agent.init.NonEmbeddedGlowrootAgentInit;
import org.glowroot.agent.init.PreCheckLoadedClasses.PreCheckClassFileTransformer;
import org.glowroot.agent.util.JavaVersion;
import org.glowroot.agent.weaving.Java9;
import org.glowroot.common.util.OnlyUsedByTests;
import org.glowroot.common.util.Version;
import static com.google.common.base.Charsets.UTF_8;
import static com.google.common.base.Preconditions.checkNotNull;
public class MainEntryPoint {
private static final boolean PRE_CHECK_LOADED_CLASSES =
Boolean.getBoolean("glowroot.debug.preCheckLoadedClasses");
public static final boolean PRINT_CLASS_LOADING =
Boolean.getBoolean("glowroot.debug.printClassLoading");
// need to wait to init logger until after establishing logDir
private static volatile @MonotonicNonNull Logger startupLogger;
@OnlyUsedByTests
private static @MonotonicNonNull GlowrootAgentInit glowrootAgentInit;
private MainEntryPoint() {}
public static void premain(Instrumentation instrumentation, Class<?>[] allPriorLoadedClasses,
@Nullable File glowrootJarFile) {
if (startupLogger != null) {
// glowroot is already running, probably due to multiple glowroot -javaagent JVM args
return;
}
// DO NOT USE ANY GUAVA CLASSES before initLogging() because they trigger loading of jul
// (and thus org.glowroot.agent.jul.Logger and thus glowroot's shaded slf4j)
PreCheckClassFileTransformer preCheckClassFileTransformer = null;
Directories directories;
try {
if (PRE_CHECK_LOADED_CLASSES) {
preCheckClassFileTransformer = new PreCheckClassFileTransformer();
instrumentation.addTransformer(preCheckClassFileTransformer);
}
if (PRINT_CLASS_LOADING) {
DebuggingClassFileTransformer transformer = new DebuggingClassFileTransformer();
instrumentation.addTransformer(transformer, true);
instrumentation
.retransformClasses(Class.forName("sun.misc.Launcher$AppClassLoader"));
instrumentation.removeTransformer(transformer);
}
directories = new Directories(glowrootJarFile);
// init logger as early as possible
initLogging(directories.getConfDirs(), directories.getLogDir(),
directories.getLoggingLogstashJarFile(), instrumentation);
PreCheckClassFileTransformer.initLogger();
DebuggingClassFileTransformer.initLogger();
if (directories.logStartupErrorMultiDirWithMissingAgentId()) {
startupLogger
.error("Glowroot failed to start: multi.dir is true, but missing agent.id");
return;
}
if (directories.getAgentDirLockCloseable() == null) {
ImmutableMap<String, String> properties =
getGlowrootProperties(directories.getConfDirs());
logAgentDirsLockedException(directories.getConfDir(),
new File(directories.getTmpDir(), ".lock"), properties);
return;
}
} catch (Throwable t) {
// log error but don't re-throw which would prevent monitored app from starting
// also, don't use logger since not initialized yet
System.err.println("Glowroot failed to start: " + t.getMessage());
t.printStackTrace();
return;
}
if (PRE_CHECK_LOADED_CLASSES) {
if (AgentModule.logAnyImportantClassLoadedPriorToWeavingInit(allPriorLoadedClasses,
glowrootJarFile, true)) {
List<String> classNames = Lists.newArrayList();
for (Class<?> clazz : allPriorLoadedClasses) {
String className = clazz.getName();
if (!className.startsWith("[")) {
classNames.add(className);
}
}
Collections.sort(classNames);
startupLogger.warn("PRE-CHECK: full list of classes already loaded: {}",
Joiner.on(", ").join(classNames));
} else {
startupLogger.info("PRE-CHECK: successful");
}
}
try {
instrumentation.addTransformer(new ManagementFactoryHackClassFileTransformer());
// need to load ThreadMXBean before it's possible to start any transactions since
// starting transactions depends on ThreadMXBean and so can lead to problems
// (e.g. see FileInstrumentationPresentAtStartupIT)
ManagementFactory.getThreadMXBean();
// don't remove transformer in case the class is retransformed later
if (JavaVersion.isGreaterThanOrEqualToJava9()) {
Object baseModule = Java9.getModule(ClassLoader.class);
Java9.grantAccessToGlowroot(instrumentation, baseModule);
Java9.grantAccess(instrumentation, "org.glowroot.agent.weaving.ClassLoaders",
"java.lang.ClassLoader", false);
Java9.grantAccess(instrumentation, "io.netty.util.internal.ReflectionUtil",
"java.nio.DirectByteBuffer", false);
Java9.grantAccess(instrumentation, "io.netty.util.internal.ReflectionUtil",
"sun.nio.ch.SelectorImpl", false);
instrumentation.addTransformer(new Java9HackClassFileTransformer());
Class.forName("org.glowroot.agent.weaving.WeavingClassFileTransformer");
// don't remove transformer in case the class is retransformed later
}
if (JavaVersion.isJ9Jvm() && JavaVersion.isJava6()) {
instrumentation.addTransformer(new IbmJ9Java6HackClassFileTransformer());
Class.forName("com.google.protobuf.UnsafeUtil");
// don't remove transformer in case the class is retransformed later
}
ImmutableMap<String, String> properties =
getGlowrootProperties(directories.getConfDirs());
start(directories, properties, instrumentation, preCheckClassFileTransformer);
} catch (Throwable t) {
// log error but don't re-throw which would prevent monitored app from starting
startupLogger.error("Glowroot failed to start: {}", t.getMessage(), t);
BytecodeServiceHolder.setGlowrootFailedToStart();
}
}
public static void runOfflineViewer(Directories directories,
GlowrootAgentInitFactory glowrootAgentInitFactory) {
// initLogging() already called by OfflineViewer.main()
checkNotNull(startupLogger);
try {
String version = Version.getVersion(MainEntryPoint.class);
startupLogger.info("Glowroot version: {}", version);
startupLogger.info("Java version: {}", getJavaVersion());
ImmutableMap<String, String> properties =
getGlowrootProperties(directories.getConfDirs());
glowrootAgentInitFactory.newGlowrootAgentInit(directories.getDataDir(), true, null)
.init(directories.getPluginsDir(), directories.getConfDirs(),
directories.getLogDir(), directories.getTmpDir(),
directories.getGlowrootJarFile(), properties, null, null, version,
checkNotNull(directories.getAgentDirLockCloseable()));
} catch (Throwable t) {
startupLogger.error("Glowroot cannot start: {}", t.getMessage(), t);
return;
}
}
@EnsuresNonNull("startupLogger")
public static void initLogging(List<File> confDirs, File logDir,
@Nullable File loggingLogstashJarFile, @Nullable Instrumentation instrumentation)
throws IOException {
if (loggingLogstashJarFile != null && instrumentation != null) {
instrumentation
.appendToBootstrapClassLoaderSearch(new JarFile(loggingLogstashJarFile));
}
if (JavaVersion.isJava6() && "IBM J9 VM".equals(System.getProperty("java.vm.name"))
&& instrumentation != null) {
instrumentation.addTransformer(new IbmJ9Java6HackClassFileTransformer2());
}
for (File confDir : confDirs) {
File logbackXmlOverride = new File(confDir, "glowroot.logback.xml");
if (logbackXmlOverride.exists()) {
System.setProperty("glowroot.logback.configurationFile",
logbackXmlOverride.getAbsolutePath());
break;
}
}
String priorProperty = System.getProperty("glowroot.log.dir");
System.setProperty("glowroot.log.dir", logDir.getPath());
ClassLoader priorLoader = Thread.currentThread().getContextClassLoader();
// setting the context class loader to only load from bootstrap class loader (by specifying
// null parent class loader), otherwise logback will pick up and use a SAX parser on the
// system classpath because SAXParserFactory.newInstance() checks the thread context class
// loader for resource named META-INF/services/javax.xml.parsers.SAXParserFactory
// (see the xerces dependency in glowroot-agent-integration-tests for testing this)
Thread.currentThread().setContextClassLoader(new ClassLoader(null) {
// overriding getResourceAsStream() is needed for JDK 6 since it still manages to
// fallback and find the resource on the system class path otherwise
@Override
public @Nullable InputStream getResourceAsStream(String name) {
if (name.equals("META-INF/services/javax.xml.parsers.SAXParserFactory")) {
return new ByteArrayInputStream(new byte[0]);
}
return null;
}
});
try {
startupLogger = LoggerFactory.getLogger("org.glowroot");
} finally {
Thread.currentThread().setContextClassLoader(priorLoader);
if (priorProperty == null) {
System.clearProperty("glowroot.log.dir");
} else {
System.setProperty("glowroot.log.dir", priorProperty);
}
System.clearProperty("glowroot.logback.configurationFile");
// don't remove transformer in case the class is retransformed later
}
// TODO report checker framework issue that occurs without checkNotNull
checkNotNull(startupLogger);
}
@RequiresNonNull("startupLogger")
private static void start(Directories directories, Map<String, String> properties,
@Nullable Instrumentation instrumentation,
@Nullable PreCheckClassFileTransformer preCheckClassFileTransformer) throws Exception {
String version = Version.getVersion(MainEntryPoint.class);
startupLogger.info("Glowroot version: {}", version);
startupLogger.info("Java version: {}", getJavaVersion());
startupLogger.info("Java args: {}", getJvmArgs());
glowrootAgentInit = createGlowrootAgentInit(directories, properties, instrumentation);
glowrootAgentInit.init(directories.getPluginsDir(), directories.getConfDirs(),
directories.getLogDir(), directories.getTmpDir(), directories.getGlowrootJarFile(),
properties, instrumentation, preCheckClassFileTransformer, version,
checkNotNull(directories.getAgentDirLockCloseable()));
}
@RequiresNonNull("startupLogger")
private static GlowrootAgentInit createGlowrootAgentInit(Directories directories,
Map<String, String> properties, @Nullable Instrumentation instrumentation)
throws Exception {
String collectorAddress = properties.get("glowroot.collector.address");
Class<? extends Collector> customCollectorClass =
loadCustomCollectorClass(directories.getGlowrootDir());
Constructor<? extends Collector> collectorProxyConstructor = null;
if (customCollectorClass != null) {
try {
collectorProxyConstructor = customCollectorClass.getConstructor(Collector.class);
} catch (NoSuchMethodException e) {
startupLogger.debug(e.getMessage(), e);
}
}
if (customCollectorClass != null && collectorProxyConstructor == null) {
// non-delegating custom class loader
startupLogger.info("using collector: {}", customCollectorClass.getName());
return new NonEmbeddedGlowrootAgentInit(null, null, customCollectorClass);
}
if (collectorAddress == null) {
File embeddedCollectorJarFile = directories.getEmbeddedCollectorJarFile();
ClassLoader embeddedLoader;
if (embeddedCollectorJarFile == null) {
embeddedLoader = ClassLoader.getSystemClassLoader();
} else {
embeddedLoader =
new URLClassLoader(new URL[] {embeddedCollectorJarFile.toURI().toURL()},
ClassLoader.getSystemClassLoader());
}
Class<?> factoryClass;
try {
factoryClass = Class.forName(
"org.glowroot.agent.embedded.init.EmbeddedGlowrootAgentInitFactory", true,
embeddedLoader);
} catch (ClassNotFoundException e) {
if (embeddedCollectorJarFile == null) {
startupLogger.error("missing lib/glowroot-embedded-collector.jar");
}
throw e;
}
GlowrootAgentInitFactory glowrootAgentInitFactory =
(GlowrootAgentInitFactory) factoryClass.newInstance();
return glowrootAgentInitFactory.newGlowrootAgentInit(directories.getDataDir(), false,
customCollectorClass);
}
if (collectorAddress.startsWith("https://") && instrumentation != null) {
String normalizedOsName = getNormalizedOsName();
if (normalizedOsName == null) {
throw new IllegalStateException("HTTPS connection to central collector is only"
+ " supported on linux, windows and osx, detected os.name: "
+ System.getProperty("os.name"));
}
File centralCollectorHttpsJarFile =
directories.getCentralCollectorHttpsJarFile(normalizedOsName);
if (centralCollectorHttpsJarFile == null) {
throw new IllegalStateException("Missing lib/glowroot-central-collector-https-"
+ normalizedOsName + ".jar");
}
instrumentation
.appendToBootstrapClassLoaderSearch(new JarFile(centralCollectorHttpsJarFile));
// also need to add to system class loader, otherwise native libraries under
// META-INF/native are not found
instrumentation
.appendToSystemClassLoaderSearch(new JarFile(centralCollectorHttpsJarFile));
}
String collectorAuthority = properties.get("glowroot.collector.authority");
return new NonEmbeddedGlowrootAgentInit(collectorAddress, collectorAuthority,
customCollectorClass);
}
private static ImmutableMap<String, String> getGlowrootProperties(List<File> confDirs)
throws IOException {
Map<String, String> properties = Maps.newHashMap();
// iterate in reverse, so more specific conf dirs overlay on top of more general conf dirs
ListIterator<File> i = confDirs.listIterator(confDirs.size());
while (i.hasPrevious()) {
PropertiesFiles.upgradeIfNeededAndLoadInto(i.previous(), properties);
}
for (Map.Entry<Object, Object> entry : System.getProperties().entrySet()) {
if (entry.getKey() instanceof String && entry.getValue() instanceof String
&& ((String) entry.getKey()).startsWith("glowroot.")) {
String key = (String) entry.getKey();
properties.put(key, (String) entry.getValue());
}
}
return ImmutableMap.copyOf(properties);
}
@RequiresNonNull("startupLogger")
private static void logAgentDirsLockedException(File confDir, File lockFile,
Map<String, String> properties) {
// this is common when stopping tomcat since 'catalina.sh stop' launches a java process
// to stop the tomcat jvm, and it uses the same JAVA_OPTS environment variable that may
// have been used to specify '-javaagent:glowroot.jar', in which case Glowroot tries
// to start up, but it finds the h2 database is locked (by the tomcat jvm).
// this can be avoided by using CATALINA_OPTS instead of JAVA_OPTS to specify
// -javaagent:glowroot.jar, since CATALINA_OPTS is not used by the 'catalina.sh stop'.
// however, when running tomcat from inside eclipse, the tomcat server adapter uses the
// same 'VM arguments' for both starting and stopping tomcat, so this code path seems
// inevitable at least in this case
//
// no need for logging in the special (but common) case described above
if (!isTomcatStop()) {
String extraExplanation = "";
extraExplanation = ". If you are trying to monitor multiple JVM processes on one box"
+ " from the same agent installation, please see instructions for how to do"
+ " this on the wiki: ";
if (properties.containsKey("glowroot.collector.address")) {
extraExplanation += "https://github.com/glowroot/glowroot/wiki/Agent-Installation"
+ "-(for-Central-Collector)#monitoring-multiple-jvm-processes-on-one-box";
} else {
extraExplanation += "https://github.com/glowroot/glowroot/wiki/Agent-Installation"
+ "-(with-Embedded-Collector)#monitoring-multiple-jvm-processes-on-one-box";
}
startupLogger.error("Glowroot failed to start, directory in use by another jvm process:"
+ " {} (unable to obtain lock on {}){}", confDir.getAbsolutePath(),
lockFile.getAbsolutePath(), extraExplanation);
}
}
private static boolean isTomcatStop() {
return Objects.equal(System.getProperty("sun.java.command"),
"org.apache.catalina.startup.Bootstrap stop");
}
private static @Nullable Class<? extends Collector> loadCustomCollectorClass(File glowrootDir)
throws Exception {
ClassLoader classLoader = MainEntryPoint.class.getClassLoader();
Class<? extends Collector> collectorClass = loadCollectorClass(classLoader);
if (collectorClass != null) {
return collectorClass;
}
File servicesDir = new File(glowrootDir, "services");
if (!servicesDir.exists()) {
return null;
}
if (!servicesDir.isDirectory()) {
return null;
}
File[] files = servicesDir.listFiles();
if (files == null) {
return null;
}
List<URL> urls = Lists.newArrayList();
for (File file : files) {
if (file.isFile() && file.getName().endsWith(".jar")) {
urls.add(file.toURI().toURL());
}
}
if (urls.isEmpty()) {
return null;
}
URLClassLoader servicesClassLoader = new URLClassLoader(urls.toArray(new URL[0]));
return loadCollectorClass(servicesClassLoader);
}
private static @Nullable Class<? extends Collector> loadCollectorClass(
@Nullable ClassLoader classLoader) throws Exception {
InputStream in;
if (classLoader == null) {
in = ClassLoader.getSystemResourceAsStream(
"META-INF/services/org.glowroot.agent.collector.Collector");
} else {
in = classLoader.getResourceAsStream(
"META-INF/services/org.glowroot.agent.collector.Collector");
}
if (in == null) {
return null;
}
BufferedReader reader = new BufferedReader(new InputStreamReader(in, UTF_8));
try {
String line = reader.readLine();
while (line != null) {
line = line.trim();
if (!line.isEmpty() && !line.startsWith("#")) {
break;
}
line = reader.readLine();
}
if (line == null) {
return null;
}
Class<?> clazz = Class.forName(line, false, classLoader);
return clazz.asSubclass(Collector.class);
} finally {
reader.close();
}
}
private static @Nullable String getNormalizedOsName() {
String osName = System.getProperty("os.name");
if (osName == null) {
return null;
}
// using logic from https://github.com/trustin/os-maven-plugin#property-osdetectedname
String lowerOsName = osName.toLowerCase(Locale.ENGLISH).replaceAll("[^a-z0-9]+", "");
if (lowerOsName.startsWith("linux")) {
if (new File("/etc/alpine-release").exists()) {
return "linux-alpine";
} else {
return "linux";
}
} else if (lowerOsName.startsWith("windows")) {
return "windows";
} else if (lowerOsName.startsWith("macosx") || lowerOsName.startsWith("osx")) {
return "linux";
} else {
return null;
}
}
private static StringBuilder getJavaVersion() {
StringBuilder sb = new StringBuilder();
sb.append(StandardSystemProperty.JAVA_VERSION.value());
String vendor = System.getProperty("java.vm.vendor");
String os = System.getProperty("os.name");
boolean appendVendor = !Strings.isNullOrEmpty(vendor);
boolean appendOS = !Strings.isNullOrEmpty(os);
if (appendVendor && appendOS) {
sb.append(" (");
if (appendVendor) {
sb.append(vendor);
if (appendOS) {
sb.append(" / ");
}
}
if (appendOS) {
sb.append(os);
}
sb.append(")");
}
return sb;
}
private static StringBuilder getJvmArgs() {
StringBuilder sb = new StringBuilder();
for (String jvmArg : ManagementFactory.getRuntimeMXBean().getInputArguments()) {
if (!jvmArg.startsWith("-D")) {
if (sb.length() > 0) {
sb.append(" ");
}
sb.append(jvmArg);
}
}
return sb;
}
@OnlyUsedByTests
public static void start(Map<String, String> properties) throws Exception {
String testDirPath = checkNotNull(properties.get("glowroot.test.dir"));
File testDir = new File(testDirPath);
// init logger as early as possible
initLogging(Arrays.asList(testDir), testDir, null, null);
Directories directories = new Directories(testDir, false);
start(directories, properties, null, null);
}
@OnlyUsedByTests
public static @Nullable GlowrootAgentInit getGlowrootAgentInit() {
return glowrootAgentInit;
}
}
| 2024-03-26T01:27:17.760571 | https://example.com/article/6778 |
DEFINITION MODULE ObjcMgr;
(*
AES Object Manager.
UK __DATE__ __TIME__
*)
(*DEF_SWITCHES*)
FROM RcMgr IMPORT GRect,GPnt;
FROM PORTAB IMPORT SIGNEDWORD,UNSIGNEDWORD;
IMPORT AES;
(* [Obj]e[c]t Manager: [Add] Object, AES(40) *******************************)
TYPE TreePtr = AES.TreePtr;
ObjectIndex = AES.ObjectIndex;
PROCEDURE ObjcAdd(PTree : TreePtr;
Parent: ObjectIndex;
Child : ObjectIndex);
(* [Obj]e[c]t Manager: [Delete] Object, AES(41) ****************************)
PROCEDURE ObjcDelete(PTree: TreePtr;
Index: ObjectIndex);
(* [Obj]e[c]t Manager: [Draw] Object, AES(42) ******************************)
CONST Root = AES.Root;
MaxDepth = 8;
TYPE DrawDepth = [0..MaxDepth];
VAR ObjcDraw: PROCEDURE(TreePtr,ObjectIndex,DrawDepth,VAR GRect);
(* [Obj]e[c]t Manager: [Find] Object, AES(43) ******************************)
TYPE ObjectPtr = AES.ObjectPtr;
PROCEDURE ObjcFind(PTree: TreePtr;
Start: ObjectIndex;
Depth: DrawDepth;
XY : GPnt): ObjectPtr;
(* [Obj]e[c]t Manager: Get [Offset], AES(44) *******************************)
PROCEDURE ObjcOffset( PTree : TreePtr;
Index : ObjectIndex;
VAR XOffset: SIGNEDWORD;
VAR YOffset: SIGNEDWORD);
(* [Obj]e[c]t Manager: Set New [Order], AES(45) *******************************)
CONST Nil = AES.Nil;
PROCEDURE ObjcOrder(PTree : TreePtr;
Index : ObjectIndex;
NewPos: ObjectPtr);
(* [Obj]e[c]t Manager: Handle [Edit]able Object, AES(46) *******************)
TYPE Key = AES.Key;
StringRange = AES.StringRange;
EditModes = (EdStart,EdInit,EdChar,EdEnd);
CONST EdCrsr = 100; (* MagX *)
EdDraw = 103; (* MagX *)
PROCEDURE ObjcEdit( PTree : TreePtr;
Index : ObjectIndex;
EdChar: Key;
VAR EdPos : StringRange;
EdKind: EditModes);
(* [Obj]e[c]t Manager: [Change] Object State, AES(47) **********************)
TYPE ObjectStates = AES.ObjectStates;
ObjectState = AES.ObjectState;
PROCEDURE ObjcChange( PTree : TreePtr;
Index : ObjectIndex;
Depth : DrawDepth;
VAR Clip : GRect;
NewState: ObjectState;
Redraw : BOOLEAN);
(* [Obj]e[c]t Manager: Set/Get 3D [Sys]tem [Var]iables, AES(48) ************)
CONST LK3DInd = 1;
LK3DAct = 2;
IndButCol = 3;
ActButCol = 4;
BackgrCol = 5;
Ad3DValue = 6;
PROCEDURE ObjcSysVar( Mode : BOOLEAN;
Which : UNSIGNEDWORD;
SetVal1: UNSIGNEDWORD;
SetVal2: UNSIGNEDWORD;
VAR GetVal1: UNSIGNEDWORD;
VAR GetVal2: UNSIGNEDWORD);
(***************************************************************************)
PROCEDURE objcdraw( PTree: TreePtr;
Start: ObjectIndex;
Depth: DrawDepth;
VAR Clip : GRect);
END ObjcMgr. | 2024-03-09T01:27:17.760571 | https://example.com/article/8257 |
Q:
FFmpeg HLS single file extension and format by byte ranges
I'm attempting to take a 5-minute video file and produce a single-file HLS playlist with this command
ffmpeg -i video.mp4 -codec copy -bsf:v h264_mp4toannexb -hls_time 4 -hls_flags single_file -hls_list_size 0 video.m3u8
Produces a playlist like so:
#EXTM3U
#EXT-X-VERSION:4
#EXT-X-TARGETDURATION:6
#EXT-X-MEDIA-SEQUENCE:0
#EXTINF:5.338667,
#EXT-X-BYTERANGE:535424@0
video.ts
#EXTINF:5.338667,
#EXT-X-BYTERANGE:316592@535424
video.ts
#EXTINF:5.338667,
#EXT-X-BYTERANGE:285384@852016
video.ts
#EXT-X-ENDLIST
What I wanted to:
#EXTM3U
#EXT-X-VERSION:4
#EXT-X-TARGETDURATION:6
#EXT-X-MEDIA-SEQUENCE:0
#EXTINF:5.338667,
#EXT-X-BYTERANGE:535424@0
video-0-535424.txt
#EXTINF:5.338667,
#EXT-X-BYTERANGE:316592@535424
video-535424-316592.txt
#EXTINF:5.338667,
#EXT-X-BYTERANGE:285384@852016
video-852016-285384.txt
#EXT-X-ENDLIST
Or:
#EXTM3U
#EXT-X-VERSION:4
#EXT-X-TARGETDURATION:6
#EXT-X-MEDIA-SEQUENCE:0
#EXTINF:5.338667,
#EXT-X-BYTERANGE:535424@0
video.txt#0-535424
#EXTINF:5.338667,
#EXT-X-BYTERANGE:316592@535424
video.txt#535424-316592
#EXTINF:5.338667,
#EXT-X-BYTERANGE:285384@852016
video.txt#852016-285384
#EXT-X-ENDLIST
I still want to convert to one single .ts/or anything else, just want to edit how it write in video.m3u8. Is it possible with ffmpeg only? If so, how can it be done? Or are there any js/nodejs module that can rewrite video.m3u8 to something like video.txt#range-here
A:
So what you can do is, you can parse the .m3u8 file using m3u8-parser
You need to parse the .m3u8 file, extract each line and check if that line contains .ts. If it contains, replace it with .txt. That's the hack i did in my project.
| 2024-02-25T01:27:17.760571 | https://example.com/article/3860 |
Non-surgical Spinal Decompression therapy was developed by a medical physician in response to the demand for safer, cost-effective alternatives to spine surgery for herniated and degenerated disks, spinal stenosis, facet syndrome, and the serious pain and disability these conditions cause. Surgeries for chronic or severe back pain and neck pain have risen sharply in the United States in recent years. This is due to many factors, not the least of which is the increase in SECOND and THIRD surgeries (called “revision” surgeries) performed due to poor results or complications from the first surgery. Many experts believe we are NOT winning the war on back pain, and some long term follow-up studies indicate no overall advantage to having surgery in the absence of significant loss of strength or the rare loss of bowel or bladder function.
We have an affordable solution! We use the DRX 9000 for disc herniations in the low back and neck, for lumbar spinal stenosis, for facet syndromes and for other difficult conditions such as spondylolisthesis. For non-resolving neck problems we utilize the DRX 9000c. We are Colorado’s trusted leader in spinal decompression therapy because of our past experience working closely with fellowship trained spine surgeons (including both neurosurgeons and orthopedic spine surgeons) since 1987. Our chiropractic physicians will sit down with you, review your MRI findings and determine if you are a candidate for decompression therapy. Unlike other clinics in the Denver metro area you will NOT be subjected to a tacky “high-pressure, act now” sales pitch, and you won’t be asked to prepay thousands of dollars for our care. You’ll be free to go home, do some more research and consider all the facts and all your options prior to choosing whether this method is right for you. As always with our very personalized, caring manner, there is no hype and no nonsense.
We don't offer DRX 9000 decompression therapy as a first-line treatment for everyone. Here's why: Because not all back and neck problerms are alike. Every patient's needs are different. In determining the right kind of conservative care for your persistent back, neck or sciatic problem your history, your response to prior therapies, your current medications, your MRI findings, and your current examination and laboratory findings are all taken into consideration.
While we know you might be desperate and willing to pay a lot for relief, we offer non-surgical spinal decompression therapy session using the DRX 9000 (for either the low back or neck) at the lowest fees you’ll find anywhere. The fees associated with DRX 9000 care at other clinics have given this technology a poor reputation within the local spine care and online community and serves as a barrier for many who might benefit from this often surgery-sparing treatment. But because you deserve to make a decision based on facts and not heresay, turf wars or negative selection bias, we continue to offer this viable therapy. According to back pain expert Richard Deyo, MD, most people with disc herniations will NOT need surgery. But all too often many Coloradans are not given the opportunity to consider this form of therapy we have found to be quite satisfactory for the majority of properly selected patients.
Again, we do not want cost to be a barrier, so this care is offered at fees anyone can afford, with no large pre-paid lump sums collected up front. We’re good at what we do, and though nothing is spine medicine is 100%, there’s a very good chance you’ll achieve lasting benefit if we determine you’d be a good candidate for the DRX 9000 / 9000c.
Dr. Joel Carmichael, DC attended Logan College of Chiropractic in St. Louis, graduating valedictorian magna cum laude in 1985. He became the second chiropractor in the United States to complete a one-year hospital residency in chiropractic family practice at Lindell Hospital with an emphasis in orthopedics. He attended grand rounds in orthopedics and rheumatology at Barnes Hospital/Washington University School of Medicine—ranked in 2007 as the 4th leading medical school in the country.
Dr. Jon Seeman graduated from Western States Chiropractic College in Portland, Oregon in 2006. He completed an internship in Beaverton, Oregon with Dr. Ted Forcum who, with Dr. Carmichael, is a top Olympic sports chiropractor. Dr. Seeman participated in treatment of amateur, elite and professional athletes from various sports. Dr. Seeman was trained in various sport injury protocols and procedures that have been proven to help with a faster recovery and enhance overall performance. | 2024-04-05T01:27:17.760571 | https://example.com/article/7132 |
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Using Password Authentication
Password authentication is the most commonly used form of user authentication. It is enabled by default and uses the RACF system password of the user.
There are two cases where it cannot be used in SSH Tectia Server for IBM z/OS:
When running SSH Tectia client programs from JCL there is no facility for getting the password from the user. Use public-key authentication and a private key without a passphrase. See Section User Authentication with Public Keys.
Password authentication is not available when running SSH Tectia client programs from the TSO OMVS shell because the shell cannot guarantee that the password will be hidden on the screen. Use a Telnet shell or Secure Shell, or set up public-key authentication using a private key without a passphrase. | 2024-07-18T01:27:17.760571 | https://example.com/article/9155 |
"To the Stars by Hard Ways." "(new version)" "Second engine slow down." "Speed 5 meters." " Got it." "Third sector;" "Are you ready?" "We need two more minutes." "It's a strange ship." "Look it up in the Somov's atlas." "It's not listed." "I don't understand." "What's up with Lebedev?" "Sergei; they're waiting for you in the third sector." "Are you ready?" "Coming" "Remember, the ship is broken." "You'll have to work in vacuum." "Good luck." "We're moving through the hallway." "Can you see us?" "See you fairly well." "What's there?" "Just dust floating here." "The equipment compartments are damaged significantly." "We could use some additional light here." "Can you determine the time of catastrophe?" "At least a few months ago." "I' m taking the samples." "This was a laboratory." "Sergei; you're a contact specialist." "Does it remind you of anything?" "I don't see any analogies so far." "Many damages..." "Narrow corridor..." "Wow!" "People there!" "DNA testing." "Who are they?" "Humanoids?" "Looks like embrions." "DNA differs from ours by 40 percents." "They are not earthlings" "It's a like museum of physiologycal anomalies." "It looks like a cloning laboratory." "What makes you think so?" "They're all identical." "Damn it!" "They're all identical?" "Attention!" "Is it spacesuit?" " Yes, but it is not like standart model." "It has no deformations and damages." "Sergei; why did you fall silent?" "You're not watching your son?" "He'll forgive me." "I don't have a single free minute." "All my sperm whales have gone crazy!" "and besides, from a biological point of view it holds no fascination at all!" "Grandpa, you're a conservative- she's from up there." "We're dealing with a alien kind of mindset." "The very principal of growing humans in vitro must serve some secret goal." "For all we know she may be a source of danger for all humanity." "What do you suggest?" "We'll quarantine this creature in our institute of Cosmic Bio Robo Technics, and will conduct thorough tests." "Tests of it's brain first of all." "When we'll understand everything- then we'll talk about contacts." "I disagree with Nadezhda Ivanova." "Contact is a two-way street." "I don't argue, but it seems that you've forgotten about our responsibility." "No, I didn't." "But I also didn't forget about our responsibility toward her." "Nadezhda!" "Sergei!" "I don't understand the point of your argument." "It's pretty obvious that we're dealing not with a robot but a human being." "And a pretty girl at that." "Something's scary." "That poor child has force of a robot." "I'm asking the Council to let her stay at my house." "What if she was created to kill?" "Any contact with an alien mind implies some degree of risk." "And sooner or later this risk has to be taken." "In your institute she'll be completely isolated." "And this is bad." "Let not only us understand her, but also her understand us." "A human being must have a house." "It needs to be proved that she's a human." "Let her become a human." "I repeat, I'm asking the Council to consider my proposition." "Okay; but how are you going to provide bio-control in your house?" "Maybe you could help with it?" "Yes of course, but..." "That's all for today." "Members of the Contacts Council" "Please stay a bit longer." "You forgot completely..." "I didn't forget anything, Mother." "You haven't changed a bit;" "You're still not overly affectionate." "Come here." "This is your house, and this is your family." "Hello!" "She's new here and we're looking at her as if she is a hippo." "It's not very nice." "Mother." "The mysterious beauty may bite?" "Stepa; shame on you!" "Father, she's never seen the grass." "Maybe." "Come; come here." "Don't be afraid." "Come in." "You're just as selfish as your father." "You've been gone for a year." "Now you're back." "But I don't believe that you're back." "Because all you can think of is this creature;" "It's more important to you than me." "It's more important that Stepan, it's..." "You're wrong, Mother." "I missed you all alot." "You, Stepan, Tanya..." "All of you." "But I have my job." "It's my job, understand?" "Did Dad bring this shell from Java?" "I brought this shell." "You didn't let me finish." "What was I talking about?" "About my job." "No, I was talking about Stepan." "You completely forgot that you have a son." "You bring him these idiotic stones, you see him once a year" "He's going through changes;" "He has to go to space, but he's rude to his teachers." "I went through those changes a long time ago." "You simply didn't notice it, Grandma." "Did you hear that?" "Yes, yes, yes." "She'll live here at Tanya's." "A technician will be here tonight." "And he'll install a forcefield on the window." "You see Sergei?" "You're turning our house into a test site." "Excuse me, but I have to take some elementary safety measures." "You're afraid of her." "She may get scared." "She' very lonely." "If we don't become close with her, she may die." "You see, Sergei," "In the end you'll leave for your next expedition and I'll have to take care of everything myself." "Like that time when you brought that predator the one that was sneezing all the time." "What was its name?" "Legocephal Son'ka." "And I had to treat cuts on Stepan's hands." "Mother, you're a doctor." "Moreover, you're a gynecologist." "You've always dealt with kids." "With human kids." "This is Nadezhda." "Peace to you home!" "Everybody have a good day!" "Hello!" "Can I have a ride?" "Go ahead." "Hello, Sergei." "Hello, Maria Pavlovna." "I read your latest article- it's very fascinating." "Thank you." "How are you?" "Any complaints about you?" "No, I'm trying not to let you down." "Thank you, it's very important to me." "My new hobby;" "Collecting autographs." "Can I have one, please?" "You're not consistent." "Are you here on business?" "Of course." "Please." "Oh, there she is." "I wouldn't leave her without supervision, if I were you." "Where are you going to keep her?" "Keep?" "She'll live in Tanya's room until Tanya gets back." "Upstairs on the right." "What are you gonna look at up there?" "Maria Pavlovna, the Contacts Council charged me with keeping biocontrol of this creature." "Trust me, it's not just curiosity." "Sergei?" "Nadezda's right." "It was a Council decision." "Don't be angry with Mother." "She was waiting for me, and here came this girl..." "And then me." "Is it so hard to forgive what happened 20 years ago." "That wall is new?" "How did you guess?" "I remember everything." "Is it a concrete wall?" "No." "These days it's plastosteel." "It will have to be removed." "What do you mean "removed"?" "It will interfere with biocontrol." "It will have to be removed." "Very well." "Sergei, I'm protesting." "Mother, it's necessary." "You're a scientist yourself." "No, now I'm not a scientist." "Now I'm the keeper of this house." "We'll replace it in a half an hour." "You won't even notice." "It's not a problem of time, It's not even a problem of the wall" "The problem is, Nadezhda, that you've never had children." "What does this have to do with anything else?" "It's cruel to mention it, especially by you." "My life's function is not connected with maternity, is it?" "Sergei, they'll bring a new wall in a half an hour." "OK" "So, in this house I'm not heard anymore." "Then I'm leaving." "Glasha!" "Mother, it's chilly outside." " I'm upset with you." "How are you?" "Everything's OK?" " We're OK." "Hello!" "Hello!" "I'm sorry I couldn't meet you." "I know you had an emergency." "We spent almost three days underwater." "I thought I'd grow gills." "You lost some weight." " You too." "I heard the girl will live with us?" "Yes" "OK, you know what you're doing." "Thanks." "What's the score?" "Glasha is merciless." "As always." "Where is she?" "I don't know." "Nadezhda, where is she?" "She's in a closet wearing a spacesuit." "Nadya, why didn't you say it earlier?" "It would interfere with the experiment." "What's wrong?" "You broke dishes..." "Come out." "Listen, are you a human being or not?" "Okay guys it's time for breakfast." "And I have to go to the clinic soon." "She can teleport." "Try to catch her yourself." "Catch her?" "She's not a butterfly." "Come, come, come." "Good girl." "No, no, this is not my planet." "No." "I can't remember." "I can't tell." "You can do everything." "You will remember everything." "So strange..." "It's as if her memory was turned off." "I remember." "My Father." "I remember my sisters and brothers." "Swallow- Swallow, black tale..." "Good girl!" "Swallow-Swallow..." "Hi!" "How are you?" "What did you learn today?" "Alot." "She's got amazing reflexes." "How's your college going, astronaut?" "Excellent, except for some small problems, in a barochamber." "Somebody named Selena called you." "She'll be an intern here, she wants to see you." "Who is she?" "Grandma" "She was the mistake of my youth." "Her parents worked on the Moon, that's why they named her so." "It's a pity that your youth is over..." "Say it again!" "Take a look at the watermelon that I brought." "It's a wonderful watermelon." "The first one this year." "Wa-ter-me-lon" "What is a mistake of youth?" "She does have quick reflexes." "Catch!" "Why did you scare her?" "It was the first one this season." "Never mind the watermelon." "Can you repeat that?" "Can you stop this?" "Stepan!" "Why didn't you catch it?" "Why?" "Because" "I asked you." "I'm sorry." "Did I upset you?" "I think that she can't do such tricks on demand." "Or my God, it's time to go see Nadezhda." "Get ready." "I'm not going there." "She looks inside me." "She wants to understand you, Niya." "All this trash..." "Wonderfull watermelon." "Lot of glucose." "What's that?" "Deer." "Mother." "Mother." "Why?" "You have to ask Grandma." "She knows everything." "All our life is an experiment." "Let's go." "I don't want you to go there either." "Don't worry." "I grew up here." "I'm in my element." "It is impossible to live in the water." "Let's try." "Let's try." "You only think that the water is dangerous." "Sometimes I'm simply afraid of you." "Hi!" "Did you see Stepan?" "He's over there." "I'm Selena." "You must be the girl they found." "Neeya." "It's a pretty name." "Stepka!" "Stepan!" "Come out!" "Why are you looking like that?" "Do you like me?" "Alot of people do." "Can you swim?" "No?" "I'll teach you." "No." "Are you afraid?" "Don't." "In this life you should try everything." "I'm an explorer myself." "I was on the Moon, went down to the bottom of the ocean." "What does it mean "the mistake of youth"?" "Oh, even so..." "Why are you asking?" "Stepan said that you were the mistake of his youth." "What foolishness." "I didn't pay any attention to him." "Did he say it to you?" "He said it when I was there." "He's a fool." "Why aren't you wearing a wig?" "As is it's too primitive." "Sergei, are you busy?" "Do you need me?" "Yes, turn the screen on." "I found something new, and I had to share it with you." "It fits into your theory." "Look at this." "This is the control center." "Explain." "Whoever created Neeya wanted her to be a controlled mechanism." "If this center is activated" "She loses control of herself." "Are you sure?" "Yes." "I love water a lot," "Air" "Music" "And beautiful people." "I especially adore children." "Do you like children?" "Or don't you know them?" "I know." "How?" "You're artifical being." "I used to have sisters and brothers." "In test tubes?" "Your inferiority is easily understood." "I know your story." "If you want I can help you with a lot of things." "Hello, Selena." "Hi!" "How is the Moon?" "Here, look at this." "I'm gonna get her dressed." "Don't you dare do it again." "I'm working, Sergei." "I'm flying over right now." "I'll be glad to see you." "What's wrong?" "I don't know." "Did you miss me?" "Huh?" "Yes, of course." "No doubt, you're in love." "Nonsense, she lives in our house." "I'm responsible for her." "Neeya, let's go." "Let's go." "You would make a good babysitter." "The baby is a bit too old though." "Leave her alone, Selena." "I have nothing against her." "But to keep her in the house is a mistake." "I wouldn't let her near children." "What if she eats them?" "Selena!" "Did I offend you?" "Never mind her." "Let's go." "I don't want her to be here." "What are you..." "Stop." "You can't harm a human." "Again..." "This must be your first law." "I can't take it anymore." "The brain of each of you contains a control center." "I can always keep you from making mistakes, warn you of danger," "This is your greatest advantage." "But as with any other advantage it can turn into a disadvantage." "This is what I'm afraid of." "You had a power over another human, and you enjoyed using it." "I'm sorry, Sergei." "Don't move." "It makes it hard for me." "I'm trying." "I'm just a robot for you." "I can be controlled;" "that means I'm robot." "Nonsense." "Who's going to control you?" "Nadezhda, or somebody else." "Experiments with the human mind are forbidden on Earth" "But not with the mind of a robot." "Raise your hand, make a fist." "Open it... good." "Both it and I can be fixed..." "Improved." "Neeya, you are a human." "If you ever want it, this center can be removed." "This center is a part of my brain." "I won't be able to live without it." "I will shut off like a broken machine." "We are all machines of some kind." "My father can also give me an order." "That's not the same." "Could you have an affair with a robot?" "Toward you" "I feel like a brother." "My God!" "What a clown you are, Stepan." "I'm not a clown." "Neeya, you're no worse than anybody else." "Nobody's perfect." "One misses a limb, the other one; their sense of humor." "You have a control center." "You would make a perfect wife." "You would be priceless." "Stepan..." "Nobody's perfect, Grandmother." "You didn't sleep at all?" "I know I'm gonna fail it, I know." "Then you can rejoice" " There's no way I'll be able to go to space." "Is it Cosmology?" "Cosmic navigation." "Good morning." "Ah, who is it?" "It's me." "This is not a time for masqerade." "I have the last final and you.." "Glasha, are you ready?" "I'm running late!" "Breakfast is ready." " I'm coming." "I won't be home for lunch." "My colleague, Prul, is finally going back home to Ocean." "I can't wait for the moment when he leaves." "Is he a big scientist at home?" "In his own right;" "Yes." "He's a rather original scientist, but a scoundrel." "It's totally different up there on the planet Ocean." "Gotta run." "Leaving?" "Yes." "Listen." "Are you having the last final today?" "Yes." "I'm off." "One may think that you're whipped into crawling all over the Universe." "You should've left the wig on." "It looked good on you." "I haven't seen Tatyana for a year and a half." "Sergei took off for Pluto" "They found some cosmic wanderers there." "Stepa, stop it." "After the finals, you,Stepa, will go off God knows where for an internship." "Yes, yes, I will." "I don't see Grandfather at all- he spends all his time underwater." "Are you gonna go too?" "I'll stay on Earth." "Yes, yes, you will." "She's not a reliable partner." "If the phone rings and they say" ""Neeya, we found your planet"..." "It's for you, Maria Pavlovna." "I'm listening." "Repeat diagnosis again." "I got it, very well." "They're having a difficult labor case in a camp on the plateau of South Cross." "I gotta go." "OK, no questions asked." "Don't they have their own midwife?" "You should be proud" "That Grandmother is asked to help." "I'm proud; very proud." "Neeya, do you want to come with me?" "Very much so." "I think everyone forgot that I'm leaving Earth tomorrow." "You will pass your final and wait for us." "We'll be home in the evening." "Are you tired?" "No." "Grandmother did everything." "She performed a miracle." "That's her job." "What are you digging here?" "An ancient town." "The one that was here before." "Why?" "Our ancestors lived here." "If it wasn't for them, we would not be here either." "They died long time ago, there's nothing left now but stones." "Stones can speak too." "We need to save the memory of those who died." "Why would you save the dead ones?" "Everything's connected together." "We dug this stone out last year." "It's poems." "The author lived a thousand years ago but he had the same problems and thoughts as we do today." "We're not here forever, just in passing" "Even jade is born, even the feathers of Ketsal get torn," "We're not here forever, just in passing just pussing..." "And over there was a well for sacrifice." "They really used to sacrifice people here?" "Yes, young men and women." "During the excavation there was a lot of jewelry found." "Let's go and see." "It was a very cruel world." "One's destiny was determined at the point of birth." "The all powerful priests made human sacrifices." "to get favors from gods," "It's very deep." "Excuse me." "I have to leave you." "You are the last hope of Dessa." "If you don't succeed with your mission" "Our world is bound to die." "Sense of duty," "Sense of loyalty to our goal" "That's our lot." "Forget about joy, forget about yourself as I did." "I sacrifice you for Dessa." "I love you." "But I have to take away from you your right for happiness." "Good evening." "Good evening." "Please, come and sit." "These are my friends." "Please, meet them." "...Today the mission members visited a city resort and the Institute of Marine Biology..." "And now the representative of the planet Dessa." "We came here with the help of a Galactic scout patrol." "The main reason of our visit is to study Earth men's experience in saving planets for the sake ...of our dying world." "Who are they?" "Some mission..." " From planet Dessa..." "Why are they here?" "Is something bothering you?" "Phone call." "I need to be home immediately." "Professor Lebedeva is still sleeping." "She was very tired." "Let her sleep." "Please, help me to get back." "Astra" " Dessa" " Ocean." "Were you very late?" "Are you gonna get in trouble?" "Where is your stuff, cadet?" "I got everything with me." "Take your everything and go to Astra." "Remember?" "Astra." "We go to the stars." "But the hard way." "That's all." "Barmalei!" "Problems?" "Everything's fine." "I got transfered to a different ship." "Watch out, watch out." "Barmalei!" "Where do you think you're going?" "Go to the cargo dock." "This is not a cargo but a passenger." "I'm a well respected passenger, and if I have a different number of limbs it doesn't give you the right to despise me." "I agree." "Please, be careful." "This is a member of Academy Prul, a scientific business on Earth." "He's my colleague." "It's too late." "The offense is taken." "Please, forgive us." "We apologize." "Keep an eye on him." "Professor Klimov is aware of the situation." "Dear colleague" "I wish you a happy journey." "All the cosmograms were sent to your to your wonderful planet Ocean." "Your compatriots are looking forward to your arrival." "I gotta go." "OK." "Cadet!" "Yes!" "Follow him." "Yes!" "How long are you on this ship?" "16 years, cadet." "Is this a scout ship?" "Yes, it was in the past." "And now?" "It's an astro septic ship." "Septic ship?" "Astro septic ship." "Is something bothering you?" "I thought it was a scouting ship." "Oh, I understand." "You're disappointed." "Don't be upset." "We're angels of space." "And don't be late for your ship next time." "Let's take off!" "Let's take off." "The ship is ready for takeoff." "Thanks." "Cadet Lebedev, your internship will start with this task." "You will take care of professors's colleague Prul, until Colleague Prul gets home." "Where will I live?" "Here." "You bunk is there." "What will I have to do?" "To feed, to clean, to wake up at night." "Colleague Prul will tell you." "First of all, turn the heater on, I'm freezing." "Young people today," "They forget that taking care of me makes them better." "I already caught a cold." "Who's there?" "I don't get it." "It's time for a check up." "Excuse me, is this a medical sector..." "Stepan?" "What are you doing here?" "Hello." "This is my internship." "Dear god." "I rocked this young man in my hands." "Cadet Lebedev!" "Viktor Klimov, nice meeting you." "How are things at home?" "I haven't visited in ages." "Everything's fine." "Neeya is fine as well." "So, what do you need medics for?" "I was told to take care of the octopus." "Ah, colleague Prul!" "He's caught a cold?" "What do I do?" "What are the symptoms?" "Symptoms?" "I don't even know how to take his temperature." "Edik, check block #32." "I'll go to the second sector." "So far there's nothing to worry about" "Eveything's within reasonable limits." "I know your limits." "I demand to be checked again after takeoff." "We'll do it without a doubt." "Stepan, step out with me for a moment." "You're hiding something from me." "Don't." "The cruel truth is better than uncertainty." "I swear, that your health is normal." "The more you fuss with him, the more demanding he'll be." "But is his health really normal?" "Absolutely." "Be polite and patient with him." "He's our guest and he's lonely." "Have you ever had to deal with aliens?" "I had a chance." "It's gonna be OK." "Prul is calling you." "Get the predator away from me, he'll eat me." "Shoo, Vasiliy, how did you get here?" "Get out of here!" "I demand an official apology for the attack on a representative from a different planet!" "Vasiliy wouldn't eat somebody with intellect." "On the other hand, you're right." "Cadet Lebedev; who is responsible for the mischief, will be punished." "Why didn't you lock the door?" "It was locked." "And then, how do I know that you have a cat on a spaceship?" "Cadet Lebedev!" "This is not a cat." "This is a crew member" "Vasiliy." "Vasiliy, Vasya!" "Attention, everybody get ready for takeoff." "Sit in your takeoff chairs." "I begin the countdown." "We takeoff on the count of 100." "Stepan, seal off the container." "Make sure it's tight." "We passed the outer signals." "Everything's fine." "Check our position to Ganimed." "Got it." "What about the Spiri Comet?" "Are we gonna cut it's tail off?" "'Cause our meteorite defense isn't working too well." "Anything serious?" "Nothing serious." "Good luck." "Thank you." "Attention passengers and crew members." "Spaceship Astra has left the Solar System." "Takeoff acceleration is over." "You can leave your chairs." "Hello." " Hello." "My name is Neeya." "Nice meeting you." "I'm Edik." "I sneaked onto your ship." "I guessed that much." "I don't know how and I don't know why you did it." "I need to get to Dessa." "It's a strange wish." "Why did you have to sneak in?" "I found out that I had to go right before takeoff." "So, what happened right before takeoff?" "I found out that I had to go to Dessa." "Professor Ivanova can tell you everything about me." "Professor Ivanova" "Please come to the commanding post.." "I was found a year ago on the abandoned spaceship." "Hello, Nadezhda!" "Did you call me?" "Do you know her?" "Yes." "What a coincidence." "Do you know that Stepan's here?" "I do." "That's our new cadet?" "It's her...brother." "So, it was him who helped you to sneak in." "Call him." "No" "He doesn't know anything." "Then why are you here?" "I was born on Dessa..." "What's wrong with her?" "You remembered something." "I found it out by accident when I saw the Ambassadors." "What did they tell you?" "Nothing." "Did you say them who you are?" " No" "You can become a toy of the evil forces." "Why?" "Because I'm an artificial being." "Neither me nor her know what I was made for." "I'll try not to be a threat towards you." "You can't be responsible for yourself." "Maybe you're right." "Come down to my compartment." "I didn't understand anything." "That's enough fish." "During a storm I like to go to the bottom of the ocean and think." "Don't be greedy." "At night, when the moon is bright" "I like to go to the ocean surface, look at the stars, and think about" "the multitudes of inhabited worlds." "Let me taste it." "More." "It's tasty." "As a thinker" "I went ahead of time." "Don't open that." "The predator's there." "Cats don't knock." "I warned you." "Look, he stole a piece of chewing gum." "Why?" "Dessa is my planet." "Something is about to happen." "There is an unidentified cosmic object ahead of us." "It's a ship." "Send our signal and ask for an answer." "Silence." "Maybe it's an automatic station?" "No, it's a ship." "Why don't they respond?" "Look it up in Somov's atlas." "I found it." "It was found and searched by the crew of the space ship "Pushkin" on April 2, 2221." "It was destroyed as the result of explosion." "The origin of which was never discovered." "On board one artificial humanoid being was found." "Collected data is being processed." "A year ago, "Pushkin"." "Professor Ivanova, Neeya, representatives of the planet Dessa" "I apologize for interrupting your sleep." "I'm asking you all to get to the commanding post right now." "Do you recognize this ship?" "Yes." "Your presence is necessary." "I'm sorry to bother you." "Do you recognize this ship?" "This is "Gaya"." "The last ship to leave our planet." "Fate caught up with Glan." "Who is Glan?" "Glan is my father." "I need to get there." "The ship is dead." "It doesn't make any sense." "Everything makes sense." "She teleported there." "She's on the ship." "Stepan, stop." "If she's there..." "She's dead." "It's a vacuum." "What are we gonna do?" "Let him out." "I'm free." "What?" "So, you woke up." "How are you feeling?" "It's a pity we didn't get along on Earth." "I feel weak." "It's not surprising." "During your time in vacuum your body literally gobbled up all its resources." "You've got visitors already." "Can I go now?" "No." "It's better if you stay here." "You'll be taking me apart?" "Yes, we will." "No." "Pardon me?" "No." "Ambassador Rakan came by a few times while you were sleeping." "He wants to talk to you." "Yes, we need to talk." "So, what happened to the ship?" "I was wearing a spacesuit." "We finally decided to fix the outer antenna." "I didn't have a chance to leave a ship." "There was a loud bang." "I don't remember much." "Do you remember life on Dessa?" "Did something hit the ship?" "There was an explosion." "That much we could determine when we found it." "What set off the explosion?" "We're not sure yet." "Yesterday we collected additional samples" "And we'll be able to find the answer." "Did Professor Glan have enemies?" "Yes, that's why he ended up on the ship." "These enemies..." "Do you think they can interrupt our work?" "We have people that think that we shouldn't change our life, because then we'll lose what's left." "We have nothing left." "Did my father want to change things?" "He didn't believe that Dessa people can do that themselves." "That's why he created you." "Many people were not happy with his experiments." "They were afraid." "The Institute was closed, Glan ran away." "Where was he running to?" "He was waiting for a signal to come back." "when his friends came to power." "They did, but..." "Are you against the cleaning up of the planet?" "No." "But I'm afraid of the revenge of those that'll lose their power and riches as a result." "And the wrath of those that will lose their food, even if it's synthesized." "People prefer what they know and are afraid of changes." "Are we tiring you?" "Excuse us." "Attention all sectors!" "Astra is changing it's course." "Astra is changing it's course." "Planet Selesta is on the brink of a catastrophe." "Our Astra is closer to it than any other ship." "How much will this delay our trip?" "We'll know any minute now." "Astra is on it's way to save our planet." "Any delay could be fatal for us." "I'm in a rush as well, but I'm silent." "Edik, play the last cosmogram." "Nuclear reaction has started in the radioactive waste storage area." "We need help, we need help." "For hundreds of years they were dumping nuclear waste in deep mines." "You can't clean their mines now!" "We'll do what we can." "I couldn't just walk by." "It's not only my job, but also my duty." "Planet Selesta is in plain view, Captain." "Still no response." "Only silence." "Astra!" "Astra!" "Answer to Center!" "Astra's here." "Yumata, we're late." "I know, Oleg." "There were Katya and Andrey on this planet." "We're sending the emergency team." "I don't think anybody survived, but anything is possible." "I'm asking you to stay there a bit longer." "I'll try not to hold you for too long." "OK, I'm waiting." "Incomprehensible." "Horrible.-I understand you." "Unfortunately, the order in the universe is impossible to understand." "As soon as you mend one hole, another one opens up right next to it." "Tomorrow something will tear up here..." "And you suggest to passively wait?" "Maybe the natural flow of things is more reasonable..." "To obey Nature..." "Then we would stop being humans." " You're acting defeated.-It's unavoidable." "Our Galaxy, the entire Space is the arena of a fight." "Without it there is no movement." "If we didn't lose sometimes" "We couldn't regroup and learn how to win the next time." "Where is the limit, the goal?" "Triumph of intellect." "Triumph of a Space Man over forces of evil." "They're all just big words." "Behind which you're trying to hide changing the world to your liking." "They aren't coming come on their own." "We asked them to help." "The ones you're defending profit from the misery of Dessa." "I'm not defending anybody." "Oleg, get a hold of yourself." "Get over this." "Astra; answer to Center!" "Astra; answer to Center!" "I'm here Yamata." "Oleg, we sent the emergency team." "Get back on your course." " Ten-four." "Bye." "Stepan, take me back." "These sights and this discussion has upset me." "Neeya, did you see that criminal mindlessness?" "People lived there." "Destination- planet Ocean." "Stepan, open the doors, turn on the music, pour the drinks." "Chewing gum is only for women." "We're almost out of gum." "Cat Vasiliy stole them." "Let's say farewell." "I had a good trip." "I like Earth and Earthlings." "Let's toast." "I have one last request." "Could Neeya see me off all the way down?" "My colleagues will be pleased to see that I'm surrounded by the representatives of different planets." "OK." "I'll grant your request and will see you off." "Stepan, seal me off." "Your colleagues are waiting for you already." "Why are you so slow?" "Hurry up, hurry up!" "Don't forget my presents." "Farewell!" "All the best!" "Farewell!" "I'm sorry to interrupt your thoughts." "You're coming back to Dessa, to your home planet." "But nobody's waiting for you there." "You have only one friend on the entire planet." "Who?" "Me." "I was a friend of your father." "I remember it." "You said you forgot everything." "Sometimes I can remember things." "I remember how you saw us off." "Yes, I helped you to escape." "It was close to impossible." "They wanted to take you away and kill you." "Let them consider you monsters," "Ambassadors of death." "This is not so." "You are the ambassadors of life." "You are the people of the future." "We are running away now but we will come back here." "There will be many of us." "And we will clean this world of impurity." "Believe my words." "Everything's OK." "A ship is waiting for you." "Sikki Torky knows that I'm Glan's daughter." "He promised to keep silent." "Nadya!" "Did you take samples from "Gaya"?" "What for?" "And Neeya?" "She has no use for them either." "Why?" "She really doesn't." "Why would they take such risks?" "It was important to somebody that the mystery of the explosion would remain unsolved." "You're right." "But let's keep it between us for now." "Get ready for work." "We're nearing the orbit." "Complete degradation of the soil." "They vacated equatorial regions." "It seems that the entire population is gathered in one place." "I wonder how they live." "Are probes ready?" "Edik, you're already 19 seconds late, 20..." "Why?" "The first one is off." "Now the second one is off." "Energy balance is completely off." "It's irreversible." "Calculate on the Merkulov scale how much of the mineral resources are used." "Stepan, try to do it." "Merkulov scale?" "Yes." "The genofund and ozone layer is dying as well." "Atmosphere is heated so much, that soon they'll have to move to the poles." "94.7 on the Merculov scale." "Good work Stepan." "Excuse me." "How is Astra going to save us?" "All by itself?" "We are not angels, not all-powerful." "We'll diagnose the situation." "Determine the methods of cleaning, after that it's everybody's business." "Ours and yours." "Which methods?" "Depending on the situation:" "Energetic, biological, biochemical." "You told us too little about your planet." "Now we're conducting a complete analysis." "It's very interesting." "I used to work in a chemical plant for about a year." "But I ran away." "It was certain death." "Unfortunately, I didn't have a rich father." "I had to get everything with my own hands." "Unlike Sikki Rakan and his friends." "They had everything even before they were born." "Place with clean air." "Clean food." "I thought it was you who questioned our mission." "I'm a realist." "Excuse me; we have to have a meeting." "Of course, pardon me if I've interfered." "Friends" "In an hour we'll touch the surface." "We should be prepared for the unexpected." "Professor Klimov will head the party." "The party consists of Professor Ivanova" "Navigator Kolotun" "and Cadet Lebedev." "Yes, Captain." "What about Neeya?" "She'd better stay here for now." "It's impossible." "Yes." "It's impossible." "In this case she's your responsibility." "Any other questions?" "What about weapons?" "We were invited here, so I advice you not to take any weapons." "What if a situation arises?" "Edik, try not to create a situation where you would have to defend yourself" "In the worst case use your inner resources." "Isn't that my pen, Viktor?" "Attention, we've landed." "What a morbid beauty." "And this." "It's all because of the sick air." "Put the helmet on, don't attract attention." "This place is airtight.." "What a dress ball." "First there, then here.-It's not a dress ball." "You can't go outside without a gas-mask." "As for false-faces..." "They have what to hide." "Our miserable planet is greeting you." "We would like to hope for salvation." "People and their government are with you." "We have earthquakes every day." "Surface level subsides into the old empty underground mines." "But here everything is solid." "Our specialists are at your service." "Scientific coordinator Liy." "Work." "And let the intellectual help you." "What's there?" "They are mutant animals." "We don't know what they look like." "We've never seen them." "This is a bad place." "Those that came here never returned." "What's that building?" "It used to be Glan's institute." "Can we go there?" "No." "There's almost nothing left." "Turanchoks lives there now." "Who?" "You heard nothing about him?" "No." "It's thanks to Sikki Turanchoks, that we're still breathing." "I think you don't like him, colleague?" "How can you like a man that sells life?" "Gas masks for us and our children from Turanchoks, fresh air from Turanchoks." "How can you like a man that makes a profit because my child has no air to breath?" "But Rakan is in the government now..." "Government is not all powerful." "Look; these are the smoking pipes of Turanchoks' factories." "What about Torki?" "Torki is one of the Turanchoks' men." "For three days they've gone around in their rover." "Sticking their noses in everywhere." "Taking samples." "Observing." "I know." "Your report, my dear, has a lot of white spots." "I tried to do my best." "I know, my precious, you've overdone it." "Why did you steal samples from "Gaya" and bring suspicion on yourself?" "I didn't want them to guess the reasons of Glan's death." "Do you know them?" "I can take a guess;" "Sikki Turanchoks." "And you dare to talk about it?" "It's a lesson for me- not to surround myself with devoted fools." "Times are changing and right now I could use them alive." "One of them is alive." "I know and will act." "Well, don't be lazy as well my boy, that's not what I brought you up from the dirt for." "If they succeed we'll have to grow grass and flowers." "Do you know how to grow flowers?" "You know how to take money from me." "And I know how to make that money because I take care of people, because I help people to breath." "And I don't want to be bothered." "They stick their noses in dangerous places." "Displeasure with Earthlings should come from the people." "I will take care of the displeasure of the people." "It feels good." "Happy?" "You and Klimov will have a hard day tomorrow." "There is no life here." "Damn you for what you did to the planet!" "It seems that you're disappointed with Dessa." "Yes, but I'm only one here." "What would change if there was 10,20,100 of you?" "Something would." "What would you do?" "Carefull..." "We would create our own planet." "How?" "We would destroy all these factories." "We would gather all the children that are still healthy and bring them up away from the others" "Their parents wouldn't let you." "We wouldn't ask them." "It's all their own fault.-They would resist it." "We would force them." "There more and more of us in this world would become happy and free." "It would be a cruel world with blood flowing." "Let it for the sake of the great goal." "Dear girl, Jesuits invented this formula long ago:" "The end justifies the means." "It's very handy for henchmen." "Victor, neither me nor my father have never been henchmen." "Your father was naive in hoping to save Dessa by creating you." "I'm afraid that he himself became a victim" "Of the henchmen that blew up your "Gaya"." "We don't have any other choice except to come back." "We're running out of food and fuel." "Friends are silent." "Father, you always believed in friends." "Not anymore." "What about Rakan?" "Successful friends could be even dangerous." "It's strange that we are still alive." "Why are you wearing a spacesuit?" "You asked me to fix the outer antenna." "Maybe we don't hear word from them because of it's malfunction." "Oh yes; yes, do go." "I'll keep an eye on you." "We're going to start a local cleaning tomorrow." "Please, Klimov." "So," "We'll begin at 10am sharp." "12 km south-west from a cosmoport." "You must stay protected." "Is a bunker ready?" "Yes." "Victor, we're ready." "Let's begin." "Oleg, it's working, turn up the energy level!" "Take it easy Victor, it's on maximum for this stage." "Where is this coming from?" "It all got accumulated up there." "We condensed it with plasma charges." "This is horrible." "Don't be afraid." "Their goal is to scare and to amaze us." "Maybe they'll fail..." "Don't underestimate the enemy, my dearest." "I believe in their powers, and soon thousands of others will believe in them too." "That's why they're conducting this demonstration." "Our cleaning worked." "Our cleaning worked." "Do you understand?" "!" "Our cleaning worked!" "Viktor, you're working." "Yes, I'm working." "Yes, I'm working." "I'm working, working." "I have a good job!" "Very good!" "What's he doing?" "It's acid." "It's rain." "It's real rain." "It's real rain." "It's still hard to breath." "It's OK." "We'll plant trees." "We'l plant trees." "We'll plant lots of trees." "It will be easy to breath." "What's wrong?" "I'm with you." "I'm alone." "It's not true." "I'm alone." "I was created for no purpose." "I thought somebody needed me." "That I have a goal." "What is it?" "It's the same as mine." "We have a common goal." "Do you understand?" "Common." "The rain is over, take a look at what the sky should look like." "It's not harmful?" "It's much more harmful to live in catacombs." "You're like gods from our dream of a future." "It's just a coincedence." "You may call it a coincedence." "But many of us never got to see such a light." "Only now I understand all the greatness of intellect." "Now this road is open to you too." "Maybe." "They succeeded." "Now we must succeed." "And remember that a blue sky is very harmful to the eyes." "Oleg!" "It's 6:18." "The results are very satisfactory for a first attempt." "I'm glad." "It's all over." "What a pity." "Today we only showed you what it will be like." "No." "I'm scared." "I feel very lonely." "As if I am divided." "Are you feeling bad?" "Yes." "What is it?" "I'll tell you." "I'll tell you later." "Neeya!" "Earthlings came to poison us and to take over our planet." "You see, they've already begun." "This is our last source of clean water." "We won't have it anymore." "We'll die from thirst." "Stepan?" "Yes." "I'm by the water basin at the town square." " I'm coming" "Tell Victor that some kind of active chemical reaction is happening in the water." "One man is blaming Earthlings;" "people are afraid." "Don't go alone." "I tell this to Victor." "I'll stay here and observe." "She's here, she's the one to blame." "They're killing us." "She's the one to blame." "They're killing us." "They're poisoning us." "She's the one to blame." "Good." "It's working." "Good." "It's working." "Ter, Shoot her." "Shoot her?" "Shoot her." "Again." "And again." "And again!" "What did they do to you?" "They can't do anything to me." "Stepa." "They wanted to kill you." "That doesn't matter." "They're not worth it that's for their own sake..." "What happened here" "is horrible." "But my dear girl they're not to blame." "They are sick and asleep." "Their minds are asleep." "We have to wake up their minds." "Cure them." "We have to help them, not to despise them." "You have to help them." "You have to help them." "What a strange and uncommon reaction." "They said that the water is dead." "It was poisoned." "Yes." "Liy, who could do such a thing?" "They fight over power even when the planet is dying." "They're willing to do anything." "And we are powerless." "We are dead now!" "Today" "I will bring chemicals from the ship." "The water will be clean by the nightfall." "You are alive." "You are not wounded." "It's hard to kill me.-Thank god." "You shouldn't be outside without an escort." "The closer our goal is, the stronger the resistance of our enemies.-Sikki Rakan!" "Excuse me." "Sikki Rakan." "There was another controlling device of Glan's children on Dessa." "Yes, there was." "But no one will ever find it." "It's destroyed." "I can hear a call." "The call?" "You can hear a call?" "Keep it down." "Of course, of course." "This is horrible." "If he managed to find the secret lab... then he'll discover a biomass as well." "What?" "When your father was leaving he showed me the secret laboratory." "That's where the controlling device was and a biomass." "What is a biomass?" "It's a cell structure that Glan wanted to use to create perfect people." "He was very worried." "But I didn't say a word to anybody." "Trust me, to anybody." "I have to destroy the controlling device." "How?" "The company "Fresh Air"occupies the institute building now." "And the laboratory is deep underground." " I'll find it." "Neeya you need to return to the ship" "And start testing water samples." "Why?" "It's dangerous for you to be here." "That makes sense." "I'll take care of everything." "I will." "Sikki Turanchoks, Sikki Rakan wants to know if you can see him." "Finally," "I was expecting his visit." "He came asking for peace." "What for?" "He's got the power." "I've got the real power." "Power shouldn't be obvious." "Go now, my dearest." "And don't you eavesdrop!" "Deal?" "I salute you Turanchoks." "I came by myself.-I commend you my friend." "I have a favor to ask." "I'll be happy to help you." "Have a seat." "I'm asking you not to stay in the way of Earthlings." "Your words are bold, my old friend." "You think that they'll protect you?" "Now the destiny of the whole planet is at stake." "I'm ready to sacrifice my life for Dessa." "Maybe so." "Don't torture Neeya.-You know that I found the controlling device." "Forget that it exists." "Leave Neeya alone." "Ah, conscience of the old man." "You lost your best friend Glan." "You'll lose Neeya as well;" "You're the victim of your own vanity." "Did Glan use your cells to grow his bastards?" "I was sure that I would be able to return him." "As soon as we take the power." "Glan could come back after you came to power, but you were afraid to mess up your career." "I was thinking about Dessa!" "You didn't say a word even when I was buying this building of Glan's institute." "I will not argue with you-I'm a peaceful man." "But you and your Earthlings pushed me against the wall." "Now I have to destroy you." "Because I also have duties!" "Duty before Dessa." "Duty before the Keepers." "You are the keepers of death." "You're the keepers of degradation." "Yes, my conscience is not clean but I'm doing everything to save Dessa." "In this I remain a friend and pupil of Glan." "You killed him!" "But I will save his dream." "You will fail!" "I will succeed Turanchoks, I will succeed." "Our planet is the house we live in, and we can't abandon it." "We try to tell ourself that nature is wise, that it will find a way to save itself." "Today we can still hear the sound of our forests and the laughter of our children." "Today we still have natural recourses and birds are still singing." "We still have plenty, they used to say." "Not anymore." "No more rivers, no more animals, no more recourses, no more air." "Every second child born deformed and we cover our faces with laughing masks." "We destroyed ourselves with the damned wars." "We are all killers of Dessa, but you- you are double." "Because you breath fresh air yourself and sell it to the others." "Your built your own well being on the misfortune of the orthers!" "That's a lie." "You've never seen me before?" "You're a weak man, Rakan." "Do you want to see a controlling device?" "You will see it." "Now you control who your daughter listens to." "Neeya, Can you hear me?" "Can you hear me?" "You're late Turanchoks.-Say it again?" "Earthlings know about you." "Neeya is in the safety of the ship." "Damn it." "I'm late, I'm late, I'm late." "Neeya,can you hear me?" "Yes." "Where are you, Neeya?" "I'm coming to you." "I'm looking for you." "I'm waiting for you in your house." "I'm coming." "Do you think an hour will be enough, my old friend?" "What's on your mind?" "I'm going to blow up Astra." "You're a maniac." "I'm more normal than all of you." "and smarter too." "I'm smart." "If Astra explodes everything will go back to normal." "And your daughter will help me with that." "She will bring this onto Astra" "No, I won't let you" "Neeya, come here." "Neeya, stop.-Neeya, come here!" "Neeya, come here!" "Neeya stop!" "Stop!" "You're ticklish." "You're ticklish." "You're ticklish." "Get him away from me!" "Away!" "You're tick..." "You found me." "It's my duty." "Dangerous." "Get up Rakan." "I'll help you to kill Turanchoks." "Remember that door." "Give me your hand." "I'm afraid to leave a supply of biomass here." "Is it so dangerous?" "It's not dangerous today, but it may become tomorrow." "This is my new invention." "Don't be afraid." "I can handle it." "This also has my cells?" "No, this is a different principle." "When we succeed, I will build new people using it." "People can be created by inserting a human brain into this matter." "It's just a building material now." "It's sleeping now." "But it can digest any organic matter." "Until it gets a brain it'll be insatiable." "Neeya disappeared." "What about Barmalei?" "He's gone too." "Neeya, where are you?" "Can you hear me?" "This is bad." "You can't even imagine how bad it is." "Barmlaei is with her." "What can this old junkpile do?" "Barmalei, it's Klimov." "Where are you?" "I'm following Neeya." "My coordinates 34-2." "Good work, old buddy." "I'm gonna run." "It's Glan's intitute." "Don't rush." "I'll go with him." "I'll wait for the rover." "Take the water sample." "Take it, take it." "Follow me." "to Turanchoks." "Come." "Neeya, you're a good girl, I'm waiting for you." "Torki, keep an eye on her every second." "Get everybody out of her way." "That way." "I'm sensing aggression." "It's dangerous here." "Follow me." "Who's that?" "Stop." "Bastard." "Hello my girl." "I was waiting for you." "Who are you?" "I am your god!" "Can you get to Astra?" "Yes." "Excellent." "It's OK, my dear, it's OK." "You'll go to Astra and it will blow it up." "You have to be there in 30 min." "Go!" "Neeya, you're going the right way." "Go to Astra." "Go to Astra." "Go to Astra." "Go to Astra." "She walked by me." "Follow her." "Your head is at stake." "What happened?" "Idiot!" "Follow her!" "Calling Klimov!" "Calling Klimov!" "I can't consume all of this aggressive matter." "It's a danger for the whole planet." "Where is Barmalei?" "Quickly!" "Something's wrong." "Nadezhda and Edik will take care of her." "Go to Astra." "Go to Astra." "Go to Astra." "Neeya, the ship will be here soon." "You can't stay here." "It's a dangerous place." "They'll kill you." "Come with me." "I can't, I can't." "Go to Astra.-Get a hold of yourself." "You're human, not a robot." "You don't understand..." "Come with me." "I mustn't get on the ship." "I mustn't get on the ship." "Go to Astra." "Go to Astra." "What is it?" "This is death." "They found a bomb." "What do I do?" "Kill." "Go to Astra." "Go to..." "Hostile environment." "Danger for the entire planet." "Danger for the entire planet." "Viktor, come back!" "Take it easy, boy." "What's this?" "Victor Klimov!" "Viktor Klimov!" "Help!" "Nadezhda was killed." "Victor!" "Help." "Nadezhda was killed." "Klimov, Klimov, what's going on?" "Captain, we need Astra's help." "Biomass escaped from the Glan's institute." "It's rapidly growing and multiplying by consuming anything organic." "It just broke out of the building." "It's a disaster for the whole planet." "We don't know what to do!" "Get the ship ready!" "Get the radiating guns ready" "I'm coming." "Would you come with me?" "Would you come with me?" "Would you come with me?" "Would you come with me?" "All picturess of dying Dessa have been taken on the Earth." "To the stars by the hardways 1981" "To the stars by the hardways." "New version 2001" "Dedicayded to my parents " "Richard Viktorov and Nadezhda Semyonzova-Viktorova." | 2024-01-23T01:27:17.760571 | https://example.com/article/6661 |
Q:
Retrieving all resources for a given ServiceAppointment with Odata
Given a specific activity, let's say it is the ServiceAppointment, how do we retrieve all the resources associated to it?
I know that the ActivityPartySet stores the relationships between the activity and the partyid.
Every ServiceAppointment may have 1 or more resources. Each resource has a partyid.
Is it possible to use odata (OrganizationData.svc) in order to retrieve all the resources for a specific ServiceAppointmnet?
I have tried to use the odata query designer in order to generate the query and was not succesful.
How do you retrieve all the resources for a specified activity using odata?
A:
You can retrieve all resources of type user with the following advanced find query:
As you can see, we need to filter on two things: The guid of the Service Activity (serviceappointment) and the Participation Type on the Activity Party (otherwise we get both resources and owners).
We cannot have both conditions in OData. The closest we can get is something like the following:
OrganizationData.svc/ActivityPartySet?
$select=PartyId&
$filter=serviceappointment_activity_parties/ActivityId eq (guid'<guid-here>')
This query retrieves all Activity Parties that are related to the given Service Activity. Unfortunately, the query includes resources as well as the owner of the Service Activity. If this is not acceptable you should look into querying with one of the other webservices.
| 2023-12-16T01:27:17.760571 | https://example.com/article/5357 |
Archive | April, 2011
According to multiple sources, Google is planning a crackdown on fragmentation of their booming Android OS. Specifically, they want to limit the UI tweaks which OEMs have been placing on their Android devices. They also want to eliminate the willy-nilly collaborations between OEMs and their Android partners.
DigiTimes reports that Google is aiming to heavily standardize the Android 3.0 operating system, in an effort to reduce the drawbacks of the unique tablet format. While there are about 250,000 applications in the Android Market, few of them work optimally on tablets. So Google is hoping to limit further fragmentation down the line.
Also, Google will negotiate with ARM to make ARM-type processors the standard for all future Android devices. This would reduce the difficulty of updating the vast number of Android devices on the market, and reduce the time it takes to bring OS updates to the consumer.
Sources are comparing Google’s changing strategy to that of Microsoft, and we’re not sure if that’s a compliment or criticism. But the sources do say that this standardization will make them even more competitive (overall) with the Redmond giant.
Bloomberg’s BusinessWeek says that Google’s recent run-ins with OEMs like LG, Toshiba, Samsung and Facebook, have prompted filings with the U.S. Department of Justice. But Google insists that their enforcement is only for the sake of quality control and user satisfaction. | 2024-07-18T01:27:17.760571 | https://example.com/article/2155 |
UNDER-fire Veolia bus company have publicly assured Assembly Member Christine Chapman they will deal with passenger complaints and improve services.
Ms Chapman voiced major concerns following reports that passengers had suffered as a result of what she described as “appalling bus services”.
She held a meeting with Veolia chiefs following and later said: “I was appalled at some of the horror stories which included buses constantly breaking down, passengers locked on a bus while waiting for a driver handover and the unresponsive attitude of bus service providers.”
Following the meeting Ms Chapman said that she was satisfied that the bus company had taken all the complaints on board and assurance were given that there would be an improvement in services.
She said: “It was a constructive meeting and I am happy about the assurances although I will be closely monitoring the situation.”
A Veolia spokesman told the Leader the meeting had been “constructive” but declined to elaborate. | 2024-06-14T01:27:17.760571 | https://example.com/article/5792 |
NavBar
22 September 2014
Easily Mono
I easily lost myself in time, I choose black because it's everything from chic to edgy
I'm not gonna make an excuse for my hiatus. Just having busy weeks at college and it will get busier. I promise I'm gonna arrange my time and my blogging schedule so it would not be another long hiatus like last month. I'm totally sucks at time management. I'm off to campus at 7 a.m. and arrive at home at 9 p.m., sometimes 12 a.m. and I always forget the time to have dinner, work on assignment, etc.
I only have thirty minutes in the morning to choose an outfit, wear them, and put some minimal make-up. And black always an option. You can be chic, you can be edgy, even romantic with black. I don't know why recently when I was in a rush I always looked more dressed up then usual.
I wore this outfit few days ago. I remember clearly that a day before I planned to wear full denim outfit. Turned out, I was over slept and running late. I saw my new shoes from New Look and I decided to wear them. I grabbed my old jeans from Colorbox that was black and now become army green-because of the "not proper caring" and style them with basic shirt that has dots pattern on it. Last but not least, the outer wear. It's my addiction to wear blazer, cardigan, jacket or any kind of outer wear. It just simply I need to. I picked my vintage loose blazer that over-sized for me (you've already seen it over and over). It's tweed so added the chicness to the look. | 2024-04-14T01:27:17.760571 | https://example.com/article/4905 |
38 Special
Description
38 Speacial
The .38 Smith & Wesson Special (commonly .38 Special, .38 Spl, or .38 Spc, pronounced “thirty-eight special”) is a rimmed, centerfirecartridge designed by Smith & Wesson. It is most commonly used in revolvers, although some semi-automatic pistols and carbines also use this round. The .38 Special was the standard service cartridge of most police departments in the United States from the 1920s to the early 1990s, and was also a common sidearm cartridge used by soldiers in World War I. In other parts of the world, it is known by its metric designation of9×29.5mmR[6] or 9.1×29mmR.[7]
Noted for its accuracy and manageable recoil, the .38 Special remains the most popular revolver cartridge in the world more than a century after its introduction.[8] It is used for target shooting, formal target competition, personal defense, and for hunting small game.
Characterisitcs:
Despite its name, the caliber of the .38 Special cartridge is actually .357–.358 inches (9.0678 mm), with the “.38” referring to the approximate diameter of the loaded brass case. This came about because the original .38-caliber cartridge, the .38 Short Colt, was designed for use in converted .36-caliber cap-and-ball (muzzleloading) Navy revolvers, which had cylindrical firing chambers of approximately 0.374-inch (9.5 mm) diameter, requiring heeled bullets, the exposed portion of which was the same diameter as the cartridge case (see the section on the .38 Long Colt).
Except for case length, the .38 Special is identical to the .38 Short Colt, .38 Long Colt, and .357 Magnum. This allows the .38 Special round to be safely fired in revolvers chambered for the .357 Magnum, and the .38 Long Colt in revolvers chambered for .38 Special, increasing the versatility of this cartridge. However, the longer and more powerful .357 Magnum cartridge will usually not chamber and fire in weapons rated specifically for .38 Special (e.g. all versions of the Smith & Wesson Model 10), which are not designed for the greatly increased pressure of the magnum rounds. Both .38 Special and .357 Magnum will chamber in Colt New Army revolvers in .38 Long Colt, due to the straight walled chambers, but this should not be done under any circumstances, due to dangerous pressure levels, up to three times what the New Army is designed for. | 2024-07-07T01:27:17.760571 | https://example.com/article/2213 |
45 N.J. 195 (1965)
212 A.2d 19
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RALPH DAVIS, DEFENDANT-APPELLANT.
The Supreme Court of New Jersey.
Argued June 1, 1965.
Decided July 6, 1965.
*196 Mr. Norman J. Abrams argued the cause for appellant (Mr. C. Douglas Reina, on the brief).
Mr. George Perselay, Assistant Prosecutor, argued the cause for respondent (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).
The opinion of the court was delivered
PER CURIAM.
Defendant was convicted of murder in the first degree, and the jury not recommending life imprisonment, *197 he was sentenced to death. He appeals directly to this Court pursuant to R.R. 1:2-1(c).
The judgment must be reversed and the matter remanded for retrial by reason of Griffin v. State of California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965). In that case, decided after the trial of the matter now before us, the United States Supreme Court held the self-incrimination provision of the Fifth Amendment to the Federal Constitution applied to the states and forbade adverse comment upon the failure of a defendant to take the stand at his trial. We concluded in State v. Lanzo, 44 N.J. 560 (June 1, 1965), that the comment then authorized both by our decisions and by State statute came within the sweep of Griffin.
Here the defendant did not take the stand. His failure was commented upon in terms barred by Griffin, and hence, upon this direct appeal from the judgment of conviction, we must find there was error. With respect to whether the error was harmful, we are unable to say it was not, even though evidence of guilt is quite ample, for the comment perhaps played a role in the jury's determination upon the death penalty.
We note defense counsel informed the jury that defendant declined to take the stand because defendant was convinced no one would believe him. Perhaps counsel felt pressed thus to relay defendant's statement to him because after counsel had outlined to the jury what testimony defendant himself would later give, defendant changed his mind and refused to take the stand. Nonetheless it was improper for defense counsel to assert factually why his client chose to remain silent. Such assertions are testimonial in nature, and such testimony can be given only from the witness stand. The State cannot be expected to acquiesce in a reason thus asserted. We add that if this rule should be transgressed, the State should move to strike the assertion, and thereupon a trial judge should do so and instruct the jury to disregard it.
Since the case must be retried, we should discuss the matter of assignment of counsel. Defendant asserts his constitutional *198 rights were violated when counsel was furnished and directed by the trial court to continue despite defendant's stated preference to try the case himself.
Defendant initially objected to counsel assigned to defend him. Counsel nonetheless offered their aid and defendant alternately accepted and rejected it. As of the commencement of the trial, defendant seemed content but shortly thereafter he sought to try the case himself. The trial court declined to relieve counsel but permitted defendant to participate in the trial along with them. One could easily conclude that defendant was bent upon preventing a fair trial. In any event, counsel were placed in a most difficult position, as illustrated by defendant's refusal to testify after counsel, in apparent reliance upon an earlier understanding with defendant, had said that he would. We gather that during the trial there was poor communication between defendant and counsel because defendant willed to have it that way. As a result counsel had to cope with defendant's trial tactics as best they could.
Now defendant complains that the trial court denied him his constitutional right to conduct his own defense. It is frequently said an accused has that right, Adams v. United States ex rel. McCann, 317 U.S. 269, 279, 63 S.Ct. 236, 87 L.Ed. 268, 275 (1942); Johnson v. Zerbst, 304 U.S. 458, 468, 58 S.Ct. 1019, 82 L.Ed. 1461, 1468-1469 (1938); Moore v. Michigan, 355 U.S. 155, 161, 78 S.Ct. 191, 2 L.Ed.2d 167, 172 (1957); State v. White, 86 N.J. Super. 410 (App. Div. 1965); State v. Burkitt, 120 N.J.L. 393 (Sup. Ct. 1938); Annotation, 77 A.L.R.2d 1233 (1961), but that right is not absolute. A man may defend himself if he can with fairness to the State and to the judicial process. Further, in capital cases, we have a policy against the imposition of a death sentence upon a plea of guilty, and upon that same policy would not permit a man at trial to default deliberately to that end. There is no indication that defendant is thus motivated; we mention the subject only because it is a factor which a trial court may have to weigh. Necessarily, there must be a considerable area of discretion in a trial *199 court, and its decision should not be rejected unless it was plainly improvident.
We do not disagree with the trial court's treatment of this problem albeit there ensued difficulties, of defendant's own making. But in the light of that experience with this defendant, we suggest the retrial be handled differently. Counsel should again be assigned. By now defendant must be fully aware of the difficulties of defending himself, and the hazards involved. If after consultation with counsel he informs the trial judge in open court that he does not wish the aid of counsel, he should, upon appropriate warning of the consequences of his choice, be permitted to conduct his own defense, with assigned counsel available at all times in the courtroom to advise or aid defendant as defendant may wish. The trial court of course will remain free to depart from our suggestion as circumstances may indicate.
The judgment is reversed and the matter remanded for retrial.
For reversal Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, PROCTOR, HALL, SCHETTINO and HANEMAN 7.
For affirmance None.
| 2024-07-30T01:27:17.760571 | https://example.com/article/8749 |
An OBTN is an optical transmission technology of which a granularity is between Optical Circuit Switching (OCS) and Optical Packet Switching (OPS). A key idea is to separate a control channel from a data channel by fully utilizing the huge bandwidth of an optical fibre and the flexibility of electronic control. The data channel conducts an all-optical switching technology by adopting data frames, wherein for the data frames, an Optical Burst (OB) is taken as a switching unit. The control frames in the control channel corresponds to the data frames in an one-to-one manner, and the control frames are also transmitted in an optical domain, and are, however, converted, at a node, to a circuit domain to be processed so as to receive and update corresponding control information. It can be understood that: there may be more than one data channel and more than one control channel. When bursts on a plurality of data channels compete in output, a burst in each data channel may be delayed by using a segment of Fibre Delay Line (FDL), and delay time is exactly equal to time for processing a control frame by each node, thereby making up for a time delay difference between the control channels and the data channels to solve the problem of competitions. Thus, the OBTN can achieve dynamic adaption and good support to various traffic scenarios, can improve the utilization efficiency of resources and the network flexibility, retains the advantages of high speed, high capacity and low cost of an optical layer, and is applied to various star/tree/ring-shaped network topologies.
However, in a current OBTN technology, high cost will be brought by using the FDL. Meanwhile, such a time slot synchronization method is not simple and easy, it is necessary to fix an optical fibre distance between the adjacent nodes and to fix a distance relationship between the control channel and the data channel, and establishment and adjustment are not facilitated when the ring length of the network changes. | 2023-09-29T01:27:17.760571 | https://example.com/article/6675 |
Lawrence briefs
Preliminary hearing set for ex-used car dealer
A former Lawrence car dealer accused of selling a "lemon" Ferrari to a New York City investment banker and then failing to refund the $47,500 he received for the car will have a preliminary hearing in October.
Joel A. Ellena, 28, is charged in Douglas County District Court with one count of theft over $25,000. He made his first appearance Wednesday afternoon.
The felony theft charge stems from a January 2000 transaction between Ellena and 23-year-old Marc Salant of New Jersey, who found Ellena's 1991 Ferrari 348 TS advertised on eBay, the Internet auction service. Although Ellena assured Salant the car was in mint condition, Salant says he has spent more than $23,000 repairing it.
Ellena's preliminary hearing is set for 2 p.m. Oct. 2.
Ellena lives in Colorado, but when he was in Lawrence, he operated Carsmart Auto Center, 2300 W. 29th Terrace with his father, Jim Ellena. Joel Ellena is not affiliated with Jack Ellena Honda.
KU Hispanic heritage to be celebrated in parade
Two Kansas University administrators will lead the university's first Hispanic heritage parade next month.
Chancellor Robert Hemenway will serve as the parade's grand marshal. Janet Murguia, executive vice chancellor for university relations, will be deputy grand marshal.
The parade, scheduled for 2:30 p.m. Oct. 6, will travel down Jayhawk Boulevard. It is sponsored by the Hispanic American Leadership Organization (HALO) and the KU Hispanic Network.
National Hispanic Heritage month is Sept. 15 to Oct. 15. The universitywide Open House also will be Oct. 6.
In addition to students and faculty, parade organizers are asking schools, community organizations and businesses to participate in the parade.
Anyone wanting to participate can contact Laura Razo at madeshe@ku.edu, Anna Ancil at aancil@ku.edu or 864-4540 or Elizabeth Mendoza at eam0@ku.edu. Deadline for entering is 4:30 p.m. Sept. 22.
Police investigate rape report
Lawrence Police are investigating the alleged rape of a 17-year-old girl.
The girl, from Lawrence, had relatives staying at the motel, Pattrick said. The girl did not report the rape to police until Tuesday.
"It's not unusual for (rape victims) not to report an incident right away," Pattrick said.
The suspect is described as a man in his 20s, 6 feet 4 inches tall and 300 pounds. Police declined to identify the suspect's race. They would not say if the girl was a Kansas University student.
The girl said she had seen the suspect earlier but did not know him, Pattrick said. Police are not saying exactly where at the motel the rape occurred, and no other details were being released.
City administrator of Tonganoxie resigning
After 13 months on the job, Tonganoxie's city administrator, Chris Clark, plans to resign.
The move is a "family decision," Clark said, and will take him back to Massachusetts, where he worked as assistant city administrator for Wellesley a city of 26,000 people with a budget of $65 million. Tonganoxie has about 3,000 people and a budget of $3 million.
Clark and his wife and two children originally were attracted to northeast Kansas because his wife has family in the area.
Clark has not secured a job in Massachusetts, but he plans to sell the family home in Tonganoxie and then give the 30 days' notice required in his contract with the city.
University to sponsor obesity conference
Kansas University's third annual Conference on the Treatment and Prevention of Obesity will include presentations on the food industry's response to obesity, employers' plans to treat and prevent obesity and environmental factors influencing obesity.
The event ends with a town meeting geared toward the general public beginning at 8 a.m. Sept. 15. Registration for the town meeting is $10.
Registration for the entire event is $175 for physicians, $140 for other health professionals and $25 for full-time students.
To register, call Kim Johnson at 864-0797 or e-mail her at kim@ukans.edu. Registration ends Sept. 10. | 2024-04-11T01:27:17.760571 | https://example.com/article/4071 |
Related Links
Jury finds Fulgham guilty of first-degree murder
Josh Fulgham enters the courtroom after the luch break Thursday as his defense attorney prepared to present their closing arguments Thursday afternoon to the jurors in Fulgham's murder trial in Judge Brian Lambert's courtroom. He faces the death penalty for being accused of murdering his wife in 2009. Authorities believe that he and Emilia Carr lured Heather Strong, Fulgham's 26-year-old wife, to a storage trailer in a small town north of McIntosh. Officials say the couple tied her to a chair and suffocated her by tying a plastic bag over her head. They are accused of burying the body in a shallow grave behind the trailer.
Doug Engle/ Ocala Star-Banner
By Vishal PersaudStaff writer
Published: Thursday, April 12, 2012 at 8:16 p.m.
Last Modified: Thursday, April 12, 2012 at 8:16 p.m.
Jurors decided on Thursday that Joshua Fulgham was guilty of first-degree murder and kidnapping, after they heard extensive evidence and testimony of his role in the killing of his estranged wife, Heather Strong.
He now faces the death penalty
Fulgham, 30, was charged with first-degree murder and kidnapping for his role in connection with the murder that prosecutors believe occurred on the night of Feb. 15, 2009. It took the jury less than two hours to render its verdict.
The trial now moves into a penalty phase, where Fulgham's defense team will try to spare him a death sentence by presumably presenting mitigating evidence.
While the ultimate decision rests with Circuit Judge Brian Lambert, the 12-member jury also must make a sentencing recommendation of death or life in prison, which Lambert would rely heavily upon in making his decision.
The last man in a Marion County court to be sentenced to Florida's death row was when Lambert sentenced Renaldo McGirth to death in 2008 for the murder of a woman in The Villages.
In five days of detailed testimony and evidence, a jury heard about the tumultuous relationship between Fulgham and his estranged wife. But it was Fulgham who voluntarily — without the presence of a lawyer — divulged to investigators from the Marion County Sheriff's Office the details of the murder and his role in the killing. Investigators had hours of video recordings of Fulgham, which were played for the jury during the trial.
"This is like a horror movie," Assistant State Attorney Rock Hooker said during his closing argument Thursday morning.
Hooker delivered an hour-long closing argument in which he outlined how Fulgham committed the murder.
Hooker argued that Fulgham was upset that his estranged wife had sexual relationships with other men and endangered the lives of their two children during their volatile 11-year relationship.
About a week after they were married in December 2008, Strong alleged that Fulgham pointed a shotgun at her, and Fulgham ultimately spent 31 days in jail as a result.
That's when prosecutors believe he and his former girlfriend, Emilia Carr, hatched a plan to murder Strong.
Carr, Fulgham's co-defendant, in 2011 became the second woman tried in a Marion County court to be sentenced to Florida's death row.
Hooker argued that, in recorded conversations between Fulgham and Carr while he was in jail, Fulgham made statements that made it clear that he was planning to kill Strong with Carr's help.
Hooker argued that, nine days after Fulgham's release from jail, he and Carr carried out a plan to murder Strong so that Fulgham could get custody of the couple's two children. It was clear Fulgham didn't want anything to do with his wife but was concerned for the safety of his children, Hooker said.
Fulgham lured Strong to an abandoned mobile home behind Carr's home in Boardman, under the premise they were going to steal some money, the prosecution said. But Hooker argued that Fulgham and Carr had other intentions — they wanted Strong out of the picture entirely.
In a video recording of Fulgham's interview with investigators played in court on Wednesday, Fulgham detailed how the killing happened.
According to prosecutors, once inside the mobile home, Carr hit Strong with a flashlight and Fulgham grabbed and held her down in a computer chair. Carr then duct-taped her torso and arms to the chair, while Fulgham duct-taped her legs.
Prosecutors said Carr then duct-taped a yellow plastic bag around Strong's head and Fulgham sat in his wife's lap to hold her down while Carr suffocated her.
In the video, Fulgham recalled that Carr had her arm around Strong's neck, trying to break it. But when that failed, Carr clasped her nostrils shut until Strong took her last breath, Fulgham said.
"This was not a death like a gunshot wound to the head or a sword to the heart. This was a process of killing," Hooker said to the jury during his closing argument.
It was during those brief moments while duct-taping Strong to the chair and sitting on her lap, the prosecution argued, that Fulgham had the calm, cool reflection that proved it was premeditated murder.
Fulgham's defense team tried to persuade the jury that his decision to take part in the killing was an impetuous decision based on betrayal and jealousy when he found out his wife had had sex with another man.
Tania Alavi, one of Fulgham's defense attorneys, argued that there was no plan to murder Strong. She argued that since Fulgham didn't know where to bury the body after the killing was an indication that he hadn't planned anything. Alavi argued that Fulgham was guilty of lesser charges.
"He is guilty of second-degree murder. He is guilty of false imprisonment," she said.
The penalty phase of the trial is scheduled to begin next Tuesday.
Contact Vishal Persaud at 867-4065, at vishal.persaud@starbanner.com or on Twitter @vishalpersaud.
<p>Jurors decided on Thursday that Joshua Fulgham was guilty of first-degree murder and kidnapping, after they heard extensive evidence and testimony of his role in the killing of his estranged wife, Heather Strong.</p><p>He now faces the death penalty</p><p>Fulgham, 30, was charged with first-degree murder and kidnapping for his role in connection with the murder that prosecutors believe occurred on the night of Feb. 15, 2009. It took the jury less than two hours to render its verdict.</p><p>The trial now moves into a penalty phase, where Fulgham's defense team will try to spare him a death sentence by presumably presenting mitigating evidence.</p><p>While the ultimate decision rests with Circuit Judge Brian Lambert, the 12-member jury also must make a sentencing recommendation of death or life in prison, which Lambert would rely heavily upon in making his decision.</p><p>The last man in a Marion County court to be sentenced to Florida's death row was when Lambert sentenced Renaldo McGirth to death in 2008 for the murder of a woman in The Villages.</p><p>In five days of detailed testimony and evidence, a jury heard about the tumultuous relationship between Fulgham and his estranged wife. But it was Fulgham who voluntarily — without the presence of a lawyer — divulged to investigators from the Marion County Sheriff's Office the details of the murder and his role in the killing. Investigators had hours of video recordings of Fulgham, which were played for the jury during the trial.</p><p>"This is like a horror movie," Assistant State Attorney Rock Hooker said during his closing argument Thursday morning.</p><p>Hooker delivered an hour-long closing argument in which he outlined how Fulgham committed the murder.</p><p>Hooker argued that Fulgham was upset that his estranged wife had sexual relationships with other men and endangered the lives of their two children during their volatile 11-year relationship.</p><p>About a week after they were married in December 2008, Strong alleged that Fulgham pointed a shotgun at her, and Fulgham ultimately spent 31 days in jail as a result.</p><p>That's when prosecutors believe he and his former girlfriend, Emilia Carr, hatched a plan to murder Strong.</p><p>Carr, Fulgham's co-defendant, in 2011 became the second woman tried in a Marion County court to be sentenced to Florida's death row.</p><p>Hooker argued that, in recorded conversations between Fulgham and Carr while he was in jail, Fulgham made statements that made it clear that he was planning to kill Strong with Carr's help.</p><p>Hooker argued that, nine days after Fulgham's release from jail, he and Carr carried out a plan to murder Strong so that Fulgham could get custody of the couple's two children. It was clear Fulgham didn't want anything to do with his wife but was concerned for the safety of his children, Hooker said.</p><p>Fulgham lured Strong to an abandoned mobile home behind Carr's home in Boardman, under the premise they were going to steal some money, the prosecution said. But Hooker argued that Fulgham and Carr had other intentions — they wanted Strong out of the picture entirely.</p><p>In a video recording of Fulgham's interview with investigators played in court on Wednesday, Fulgham detailed how the killing happened.</p><p>According to prosecutors, once inside the mobile home, Carr hit Strong with a flashlight and Fulgham grabbed and held her down in a computer chair. Carr then duct-taped her torso and arms to the chair, while Fulgham duct-taped her legs.</p><p>Prosecutors said Carr then duct-taped a yellow plastic bag around Strong's head and Fulgham sat in his wife's lap to hold her down while Carr suffocated her.</p><p>In the video, Fulgham recalled that Carr had her arm around Strong's neck, trying to break it. But when that failed, Carr clasped her nostrils shut until Strong took her last breath, Fulgham said.</p><p>"This was not a death like a gunshot wound to the head or a sword to the heart. This was a process of killing," Hooker said to the jury during his closing argument.</p><p>It was during those brief moments while duct-taping Strong to the chair and sitting on her lap, the prosecution argued, that Fulgham had the calm, cool reflection that proved it was premeditated murder.</p><p>Fulgham's defense team tried to persuade the jury that his decision to take part in the killing was an impetuous decision based on betrayal and jealousy when he found out his wife had had sex with another man.</p><p>Tania Alavi, one of Fulgham's defense attorneys, argued that there was no plan to murder Strong. She argued that since Fulgham didn't know where to bury the body after the killing was an indication that he hadn't planned anything. Alavi argued that Fulgham was guilty of lesser charges.</p><p>"He is guilty of second-degree murder. He is guilty of false imprisonment," she said.</p><p>The penalty phase of the trial is scheduled to begin next Tuesday.</p><p><i>Contact Vishal Persaud at 867-4065, at vishal.persaud@starbanner.com or on Twitter @vishalpersaud.</i></p> | 2024-04-17T01:27:17.760571 | https://example.com/article/6161 |
Q:
How to set what field names are displayed in listings?
When I execute a command in Ubuntu, which results in a listing, I get results without the field names. Example is ls -l or ps l.
I am not very experienced and always need to go digging through man pages and online documentation. And the names are quite crypcit already.
Is there a way to turn on field name listing globally i.e. for all commands?
Note: actually ps l shows field names, while ls -l does not. It is true that the second is very trivial. However, the question stands - is there a way to overwrite this behaviour?
A:
As @StephaneChazelas stated this isn't possible. You're only other options are to modify the source (don't do this) and/or develop some wrapper scripts and aliases for yourself to assist.
There is this technique for preserving the columns of ps in output that you're going to pipe to sort.
sort but keep header line in the at the top?
I would take this as an opportunity to hone your alias/scripting skills by putting together the pieces that you need. Much of using Unix/Linux is in tricking out your environment so that things are more accessible to your work habits and style.
| 2024-07-14T01:27:17.760571 | https://example.com/article/2603 |
Capacity building in e-health and health informatics: a review of the global vision and informatics educational initiatives of the American Medical Informatics Association.
Substantial global and national commitment will be required for current healthcare systems and health professional practices to become learning care systems utilizing information and communications technology (ICT) empowered by informatics. To engage this multifaceted challenge, a vision is required that shifts the emphasis from silos of activities toward integrated systems. Successful systems will include a set of essential elements, e.g., a sufficient ICT infrastructure, evolving health care processes based on evidence and harmonized to local cultures, a fresh view toward educational preparation, sound and sustained policy support, and ongoing applied research and development. Increasingly, leaders are aware that ICT empowered by informatics must be an integral part of their national and regional visions. This paper sketches out the elements of what is needed in terms of objectives and some steps toward achieving them. It summarizes some of the progress that has been made to date by the American and International Medical Informatics Associations working separately as well as collaborating to conceptualize informatics capacity building in order to bring this vision to reality in low resource nations in particular. | 2024-01-07T01:27:17.760571 | https://example.com/article/2909 |
# 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.
require 'minitest/autorun'
require 'atomic'
class TestAtomic < Minitest::Test
def test_construct
atomic = Atomic.new
assert_equal nil, atomic.value
atomic = Atomic.new(0)
assert_equal 0, atomic.value
end
def test_value
atomic = Atomic.new(0)
atomic.value = 1
assert_equal 1, atomic.value
end
def test_update
# use a number outside JRuby's fixnum cache range, to ensure identity is preserved
atomic = Atomic.new(1000)
res = atomic.update {|v| v + 1}
assert_equal 1001, atomic.value
assert_equal 1001, res
end
def test_try_update
# use a number outside JRuby's fixnum cache range, to ensure identity is preserved
atomic = Atomic.new(1000)
res = atomic.try_update {|v| v + 1}
assert_equal 1001, atomic.value
assert_equal 1001, res
end
def test_swap
atomic = Atomic.new(1000)
res = atomic.swap(1001)
assert_equal 1001, atomic.value
assert_equal 1000, res
end
def test_try_update_fails
# use a number outside JRuby's fixnum cache range, to ensure identity is preserved
atomic = Atomic.new(1000)
assert_raises Atomic::ConcurrentUpdateError do
# assigning within block exploits implementation detail for test
atomic.try_update{|v| atomic.value = 1001 ; v + 1}
end
end
def test_update_retries
tries = 0
# use a number outside JRuby's fixnum cache range, to ensure identity is preserved
atomic = Atomic.new(1000)
# assigning within block exploits implementation detail for test
atomic.update{|v| tries += 1 ; atomic.value = 1001 ; v + 1}
assert_equal 2, tries
end
def test_numeric_cas
atomic = Atomic.new(0)
# 9-bit idempotent Fixnum (JRuby)
max_8 = 2**256 - 1
min_8 = -(2**256)
atomic.set(max_8)
max_8.upto(max_8 + 2) do |i|
assert atomic.compare_and_swap(i, i+1), "CAS failed for numeric #{i} => #{i + 1}"
end
atomic.set(min_8)
min_8.downto(min_8 - 2) do |i|
assert atomic.compare_and_swap(i, i-1), "CAS failed for numeric #{i} => #{i - 1}"
end
# 64-bit idempotent Fixnum (MRI, Rubinius)
max_64 = 2**62 - 1
min_64 = -(2**62)
atomic.set(max_64)
max_64.upto(max_64 + 2) do |i|
assert atomic.compare_and_swap(i, i+1), "CAS failed for numeric #{i} => #{i + 1}"
end
atomic.set(min_64)
min_64.downto(min_64 - 2) do |i|
assert atomic.compare_and_swap(i, i-1), "CAS failed for numeric #{i} => #{i - 1}"
end
# 64-bit overflow into Bignum (JRuby)
max_64 = 2**63 - 1
min_64 = (-2**63)
atomic.set(max_64)
max_64.upto(max_64 + 2) do |i|
assert atomic.compare_and_swap(i, i+1), "CAS failed for numeric #{i} => #{i + 1}"
end
atomic.set(min_64)
min_64.downto(min_64 - 2) do |i|
assert atomic.compare_and_swap(i, i-1), "CAS failed for numeric #{i} => #{i - 1}"
end
# non-idempotent Float (JRuby, Rubinius, MRI < 2.0.0 or 32-bit)
atomic.set(1.0 + 0.1)
assert atomic.compare_and_set(1.0 + 0.1, 1.2), "CAS failed for #{1.0 + 0.1} => 1.2"
# Bignum
atomic.set(2**100)
assert atomic.compare_and_set(2**100, 0), "CAS failed for #{2**100} => 0"
# Rational
require 'rational' unless ''.respond_to? :to_r
atomic.set(Rational(1,3))
assert atomic.compare_and_set(Rational(1,3), 0), "CAS failed for #{Rational(1,3)} => 0"
# Complex
require 'complex' unless ''.respond_to? :to_c
atomic.set(Complex(1,2))
assert atomic.compare_and_set(Complex(1,2), 0), "CAS failed for #{Complex(1,2)} => 0"
end
end
| 2024-05-12T01:27:17.760571 | https://example.com/article/2301 |
Archives for 25 Sep,2017
NEO – China’s Ethereum NEO is still widely considered“China’s Ethereum” because it, like Ethereum, is aiming to build a platform on which other DApps or Decentralized Applications could be built by letting users execute smart contract... | 2024-07-01T01:27:17.760571 | https://example.com/article/1832 |
STARTING SERVE: In its spring home opener, the Tennessee State men’s tennis team will host Rhodes for the Lynx’s first dual match of the spring at Curry Tennis Center on Vanderbilt University’s campus Saturday, Feb. 3 at 5 p.m.
LAST TIME OUT: The Tigers (4-1) visited in-state opponent Middle Tennessee (4-2) last weekend in what would be one of the two hardest matches Big Blue has on the schedule. The Conference USA leader swept TSU 7-0.
Duo Shashank Nautiyal and Stefan Koruga took their first loss of the season 6-2 to the Blue Raiders’ Tom Moonen and Chris Edge.
SERIES INFORMATION: The blue and white squeaked out a 4-3 road win over the Lynx last season. Rhodes took the doubles point, but with an unwavering confidence, the Tigers made a comeback with four straight singles victories to beat the NAIA team. Shashank Nautiyal is the sole remaining Tiger to win a match against the Lynx.
UP NEXT: The men’s tennis team will compete against Southeastern Conference team Vanderbilt Saturday, Feb. 10 at the Curry Tennis Center at 9 am, and again at noon. | 2023-10-23T01:27:17.760571 | https://example.com/article/3690 |
"J'ONN J'ONZZ:" "Previously on Justice League:" "JASON:" "Morgaine Le Fay." "When Camelot fell, Merlin was able to hide the Philosopher's Stone from her." "With it, she can resurrect Camelot and place her son, Mordred, on the throne." "MORGAlNE:" "Jason Blood." "Doesn't he ever give up?" "My'ria'h?" "I am truly home." "ETRlGAN:" "You fool!" "Only a weak-minded simpleton would fall for this illusion." "Don't trust the Martian." "He's been tainted by that witch." "MORGAlNE:" "One of them must have the stone." "Harv Hickman?" "The magazine publisher?" "Come in." "Come in." "BATMAN:" "J'onn, snap out of it." "ETRlGAN:" "You let her get away, didn't you?" "Admit it, Martian. lt's all your fault." "[GROANS]" "Lie still." "You have a concussion and two cracked ribs." "I've survived worse." "l am truly sorry." "Why?" "I hesitated in battle, and it nearly cost you your life." "Perhaps Etrigan is right." "Perhaps I have been tainted by that sorceress." "I know what I experienced was a mere illusion, but it felt so real." "The urge to embrace it was almost more than I could bear." "Sometimes I believe I would do anything to see my loved ones again." "You can't imagine how that feels." "Home theater, complete gym, game room." "And this is one of my most prized possessions." "A genuine Greek" "Roman." "Excuse me?" "This statue is a Roman copy." "How do you know that?" "Trust her on this one." "l'm guessing she posed for the original." "Oh, a model, eh?" "I thought so." "[laughing]" "Uh, I've got a fresh lead." "Carry on." "I have the power to jump-start your career, babe." "But I'm guessing you already knew that." "And what's the source of your power?" "Some kind of crystal or stone?" "How did you guess?" "l'd love to see your stone, Mr. Hickman." "Please, call me Harv." "So while I was working on the castle excavation, I found this." "It changed my life." "Soon, I had everything I'd ever dreamed of:" "Cars, cash, girls." "Let me understand this." "You posses the most powerful object in the world and all you wished for is money and women?" "What else is there?" "[GROWLS]" "MORGAlNE:" "At last, my quest is over." "The stone is mine." "Not yet." "My Neiman!" "Superman?" "Yeah, he's a close personal friend." "What?" "Excuse me, ladies." "You okay?" "Morgaine's here." "Yeah, I kind of gathered that." "[screaming]" "Get out the back. I'll keep it busy." "What's going on?" "Hey, Cecil, over here." "What are you, blind?" "You could do better than that." "Sorry, Harv." "MORGAlNE:" "Come to me." "No!" "Fools!" "Why are you still here?" "You have the stone." "Run." "I never run from a battle." "Get the stone as far away from Le Fay as you can. I'll handle the witch." "Horn-head's right." "Go." "All right, but you get these people away from here." "Got it." "Don't stop for anything!" "Stand aside, beast." "l stood aside for you once." "Never again!" "Is that that best you can do, my immortal beloved?" "Time to finish this with more than just a kiss." "What are you doing?" "You can thank me later." "[SCREAMS]" "Yo, Hickman, keep it down!" "Some of us are trying to sleep!" "Ha." "I'd like to see her try to get it now." "Be careful what you wish for, little man." "Well, aren't you a ray of sunshine?" "As far as I'm concerned, this mission's over." "The world's safe again." "And I, for one, am gonna kick back." "So go find some other house to haunt." "He didn't mean that." "Do you think I care?" "MY'RlA'H:" "J'onn." "J'onn." "My'ria'h." "J'onn, the children and I are waiting for you." "Come home." "Please come home." "No." "It's a lie." "Must fight it." "MORGAlNE:" "He's weakening." "I can sense it." "He just needs a little more coaxing." "Flash is right." "There's something unsettling about your friend." "When he stares, it's like he's looking into my very soul." "True." "But I'd rather have him with us than against us." "We are not alone." "Hey, who turned out the lights?" "Yikes!" "A little help here!" "Thanks." "Where is J'onn?" "MY'RIA'H:" "J'onn." "J'onn, listen to me." "No." "MY'RlA'H:" "J'onn, come back to me." "I'm waiting for you." "Stop it." "How many of these things are there?" "Flash, we need a maelstrom." "A what?" "A whirlwind." "Run fast, now!" "Right." "By the cold heart of Hela, I command you." "Freeze!" "Faster!" "Faster!" "You got it." "Ah." "That was a real pain in the butt." "ls everyone okay?" "We're fine, but has anyone seen J'onn?" "Spread out and search every deck." "Don't bother." "The Martian's gone." "And so is the stone." "You stupid, ignorant, pathetic excuses for heroes." "lt can't be." "Oh, really, Your Highness?" "Take another look." "I pursued that witch for centuries yet you blindly ignored my warnings and doomed the world." "Enough!" "The truth hurts, doesn't it, princess?" "Why don't you go straight to" "More bad news." "The Javelin is gone." "J'onn's access code is still punched into the hangar controls." "Any more questions?" "WONDER WOMAN:" "Watchtower to Javelin-7." "Come in, Javelin-7." "J'onn, if you're there, answer." "Please, J'onn." "He has turned off the commlink." "He belongs to Le Fay now." "We'll stop him, I promise." "Like you promised to protect the stone?" "We'll do whatever it takes, Etrigan." "You're prepared to take out one of your own?" "I repeat, whatever it takes." "Listen, isn't this kind of academic?" "We're stranded here, remember?" "Maybe not." "Get a lock on the Javelin." "MORGAlNE:" "You asked when you would receive your kingdom, my son." "Before the clock strikes 12, before this All Hallows Eve ends the world will be yours." "A castle, Mother." "I must have my own castle." "MORGAlNE:" "And so you will." "Behold." "Here is your palace." "With the stone's infinite power, I can make this last forever." "And now the final piece arrives." "Come forth, my noble knight." "Fifth floor: sporting goods, hardware, evil sorceresses." "Get out of my castle." "Whoa." "The kid's got chops too." "The rotten apple doesn't fall far from the tree." "Imbecile!" "That harpy has you charmed." "She'll never give you what you want." "Stand aside, demon." "She has promised to use the stone's power to restore Mars." "All honey and lies." "Your reward will be an eternal purgatory for you in this world." "I don't care." "This is my last chance for happiness." "My last chance to embrace my family." "You'll embrace them again after the worms devour your bones." "I'll not be denied." "MORGAlNE:" "Yield, or suffer my unending wrath." "Playtime is over." "Mother!" "MORGAlNE:" "Unhand him." "What?" "Stand and fight, blast you!" "Nothing will keep me from my loved ones." "Especially not you." "MORGAlNE:" "The stone, give it to me." "J'onn, my love, we're waiting." "No." "MORGAlNE:" "What have you done?" "You could have had anything you dreamed of." "Your family, your whole world could have been yours again." "The price was too high." "I see that now." "You can no longer tempt me." "Have we lost, Mother?" "MORGAlNE:" "Only this battle, my son." "But not the war." "What did I miss?" "It's over." "My friends, I have failed you." "In my yearning for my old family, I almost lost my new one." "Please accept my humble apology and my resignation from the Justice League." "Resignation?" "Wait, the demon was wrong about you, Martian." "You redeemed yourself here today." "Did I?" "Yeah, who knew?" "Under that goofy green skin, I guess you're human after all." "I only wish I had had your strength centuries ago." "But I'm still cursed and must walk alone throughout eternity." "Poor man." "May he someday find the peace he seeks." "Line 185" | 2023-11-27T01:27:17.760571 | https://example.com/article/8026 |
692 S.E.2d 336 (2010)
HUFF
v.
The HARPAGON COMPANY, LLC.
No. S09G0990.
Supreme Court of Georgia.
March 22, 2010.
Page, Scrantom, Sprouse, Tucker & Ford, James C. Clark, Jr., Travis C. Hargrove, Columbus, for appellant.
Proctor Hutchins & Porterfield, Robert J. Proctor, Cristine Patterson, Alpharetta, for appellee.
HUNSTEIN, Chief Justice.
We granted the petition for writ of certiorari filed by appellant Huff, who is the Muscogee County Tax Commissioner, to address the holding in Harpagon Co. v. Huff, 296 Ga.App. 107(1), (2), 673 S.E.2d 592 (2009), *337 regarding the types of fees that may be collected pursuant to former OCGA § 48-5-161(c)(2), which are assessed "[o]nce a levy is made or posted on the property of a delinquent or defaulting taxpayer." Id. Although we disapprove certain language in the Court of Appeals' opinion, we affirm its holding in Division 2 that no levy occurred in this case that would have authorized the imposition and collection of the statutory fees at issue. Because the absence of this essential factual predicate means that any appellate court construction of former OCGA § 48-5-161(c)(2) would be advisory only, we accordingly reverse and remand this case to the Court of Appeals with direction that it vacate its holding in Division 1.
1. It is well established that
Georgia law recognizes only two means of accomplishing a valid levy on real property. A levy on land may be accomplished by a simple entry on the fi. fa. by the levying officer. See OCGA § 9-13-12; Isam v. Hooks, 46 Ga. 309, 314-315 (1872). Notwithstanding this fact, a valid levy of an attachment upon real estate may also be accomplished by some overt act of constructive seizure. [Cit.] ... [A] constructive seizure may occur when there is the physical tacking of the notice of execution of levy on the real property in issue, resulting in a valid levy upon timely compliance with the notice requirements and other procedures set forth in the statutory scheme for tax sales.
(Citations and punctuation omitted.) Powers v. CDSaxton Properties, 285 Ga. 303, 304-305(1), 676 S.E.2d 186 (2009). Accord former OCGA § 48-5-161(c)(2). Although appellant, in asserting that the subject property was levied upon, points repeatedly to documents in the record reflecting unsigned and undated executions that were recorded in the execution docket,[1] the record clearly reflects that there is no official entry of levy by the levying officer on those documents, i.e., no signature accompanying a statement that the property identified on the execution had been levied upon. The law is clear that neither the mere issuance of a writ of execution nor its recordation without the official entry of levy can qualify as a valid levy. See Powers, supra.
The Court of Appeals correctly recognized that the execution documents on which appellant relies did not show a valid levy occurred. Harpagon Co., supra, 296 Ga.App. at 110(2), 673 S.E.2d 592. It next recognized properly that no levy occurred when a collection agent for Muscogee County was told to begin "phase two" of the collection process, id., as nothing in the record reflects a physical tacking of a valid notice of execution of levy on the real property in issue. See generally Powers, supra, 285 Ga. at 304-305(1), 676 S.E.2d 186.[2] Then, quoting Black's Law Dictionary and its definition of levy as "`(t)he legally sanctioned seizure and sale of property' [cit.]," Harpagon Co., supra at 110(2), 673 S.E.2d 592, the Court of Appeals concluded that a levy "is the actual sale itself" of the property of a delinquent or defaulting taxpayer. Id. at 111(2), 673 S.E.2d 592. However, as stated above, there are only two means of accomplishing a levy in Georgia: by the official entry of levy on the execution or by some overt act of constructive seizure, i.e., posting on the property itself, "prior to issuing the required notices, advertisements, and sale of the property." (Footnote omitted.) Tharp v. Vesta Holdings I, 276 Ga.App. 901, 903(1)(a), 625 S.E.2d 46 (2005). See also Powers, supra (tax sale set aside where no valid levy previously occurred); Edward Kellogg & Co. v. Buckler & Short, 17 Ga. 187, 191(3) (1855) (recognizing there must be a previous valid levy on land under execution for its sale to be valid). We thus disapprove the Court of Appeals' erroneous statement that the actual sale of property under execution is a levy.
2. Appellant sought to collect the fees at issue here from appellee pursuant to former OCGA § 48-5-161(c)(2), which authorizes a sheriff or ex officio sheriff to collect certain denominated fees only "[o]nce a levy is made or posted on the property of a delinquent or defaulting taxpayer." As we held above, the Court of Appeals correctly *338 concluded no levy occurred in this case that would have authorized the collection of any fees set forth in that statute. However, because there was no valid levy, it follows that the fee discussion by the Court of Appeals constituted an improper advisory opinion in that the court attempted to determine in the abstract how this statute should be construed. "Georgia appellate courts are not authorized to render advisory opinions as to potential error. [Cits.]" Bibbins v. State, 280 Ga. 283, 284-285, 627 S.E.2d 29 (2006). See also City of Atlanta v. Hotels.com, 285 Ga. 231, n. 4, 674 S.E.2d 898 (2009) (this Court will not issue an advisory opinion). Accordingly, because the construction to be given the fees provision in OCGA § 48-5-161 was not properly before the Court of Appeals,[3] we reverse in part and remand this case to that court with direction that it vacate its advisory language.
Judgment affirmed in part and reversed and remanded with direction in part.
All the Justices concur.
NOTES
[1] We express no opinion on the validity of the unsigned and undated "executions" in this case.
[2] As we held in Powers, supra at 305(1), 676 S.E.2d 186, the notice of levy required by OCGA § 48-3-9(a) does not substitute for a properly-executed fi. fa.
[3] We note that OCGA § 48-5-161 was amended in 2009. See Ga. L. 2009, p. 216. The amendment added, inter alia, subsection (c)(2)(A), which provides that the "costs" collectible under the statute "include[], but [are] not limited to, title examination expenses, certified mail expenses, reasonable attorney's fees, or other such necessary research expenses." Thus, it appears that the costs now enumerated in OCGA § 48-5-161(c)(2)(A) include the costs at issue in this case. See generally Board of Assessors of Jefferson County v. McCoy Grain Exchange, 234 Ga. App. 98, 505 S.E.2d 832 (1998) (courts presume some change in existing law was intended from addition of new statutory language); see also preamble to Ga. L. 2009 at 216 (providing that it amends Title 48, inter alia, "to change certain provisions regarding collection of costs"). OCGA § 48-5-161 was further amended to change the point at which the costs could be collected; hence, collection "[o]nce a levy is made or posted on the property of a delinquent or defaulting taxpayer," see former OCGA § 48-5-161(c)(2), is now collection "[o]nce an execution is issued." OCGA § 48-5-161(c)(2)(B). See also id. at (c)(1) (requiring entry on the execution of amount collected, including all costs, commissions, interest, and penalties as provided by law, "when the execution is paid by the defendant voluntarily or by levy and sale").
| 2024-04-05T01:27:17.760571 | https://example.com/article/9083 |
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