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Re: [Internet] Videotron wants $1,000 for cancelling Internet co
Isn't the standard recording something like "This call may be monitored or recorded to ensure quality"?
In reality it seems they should say "This call may be monitored or recorded so one of our agents can tape you agreeing to something that you may not want or understand, and then we can use that recording as a contract."
Again, I still find it disturbing that Videotron (or any telecom) can hold customers to these flimsy verbal agreements, especially considering the ridiculous length of the contracts.
Well, if I look at Videotron's website, you are not force to sign contract. The price is just different. So ultimately, this is a decision you made to have an engagement in return of a better price. Now you regret it, ok fine. You should deal with them to only pay the price difference between 3 years engagement and no engagement for the month you got the services... Quite sure they will accept this kind of agreement (which is probably what you will be able to get in a court of law).
If they recorded the "verbal agreement", do you remember being told that it would be recorded?
1) A verbal agreement is a binding contract the same way as a written one.2) In Canada you can record a phone conversion as long as one party is aware, in the case of 2 parties, you can record a phone conversation (legally) even without warning the other party.Where it is illegal is when there is a 3rd party. If Part 1 records conversation between party 2 and 3.
So when making the agreement / contract if you were aware of the penalties I guess there is nothing much you can fight for.
And besides, what the hell kind of company makes verbal agreements with another company - that's not the norm. But nonetheless it is still valid ! Any agreement between 2 parties, verbal or written, written on paper, toilet paper, bark of a tree or even a piece of pancake, is a legal contract the moment both parties agree on the terms.
Isn't the standard recording something like "This call may be monitored or recorded to ensure quality"?
In reality it seems they should say "This call may be monitored or recorded so one of our agents can tape you agreeing to something that you may not want or understand, and then we can use that recording as a contract."
Again, I still find it disturbing that Videotron (or any telecom) can hold customers to these flimsy verbal agreements, especially considering the ridiculous length of the contracts.
I never considered (If you want free installation, you will have to agree to a 3 yrs contract) hard to understand -_- |
In the ceaseless turmoil of the Trump administration, Dunford has been a steady hand who helped insulate national security policy from disruption and political pressure. His Pentagon colleagues say he will be keenly missed — several described him as the best chairman in recent decades — and they are hoping Gen. Mark Milley, his successor, can sustain the independence and cool judgment that defined Dunford’s tenure.
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Dunford doesn’t like talking about his relationship with the White House. The closest he has come was probably a Pentagon news briefing last month: “I’ve worked very hard to remain apolitical and not make political judgments. . . . I work very hard to provide military advice . . . and make sure that our men and women in uniform have the wherewithal to do their job.”
“Joe Dunford is a man for all seasons,” says Jim Mattis, the former defense secretary and a fellow Marine. “Joe has a quiet mind, not easily distracted; he quantifies things, but he brings in the nonquantifiable. Still waters run deep in him. You simply can’t shake his faith in his fundamental values.”
Mattis cites two combat anecdotes to explain Dunford’s unflappable style. In March 2003, on the eve of the invasion of Iraq, Mattis told Dunford that because of a last-minute change of plans, his regiment had to move out in five hours, rather than at dawn the next morning. “He just took it in stride,” says Mattis.
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A few days later, Dunford’s unit had fought its way to the Tigris River, with the loss of some Marines, and was ready to seize a strategic bridge. Mattis told him he had to fall back until conditions were safer for the assault. Dunford obeyed that painful retreat order without hesitation, Mattis says.
Dunford was born for the job. The son of a Marine who fought at Chosin Reservoir during the Korean War, he grew up in Quincy, Mass., a working-class suburb of Boston. Colleagues say he retained those grounded values throughout a rapidly rising career.
Gen. Frank McKenzie, head of the Central Command and another fellow Marine, remembers that Dunford faced a delicate problem as a young lieutenant colonel on the staff of the Marine commandant. He had to manage a popular but misplaced protocol officer. He promptly removed the officer, to the consternation of some politically powerful friends.
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Dunford’s dream was probably to become Marine commandant himself, and after he was appointed to that position in 2014, friends say he assumed it was his last military post. When President Barack Obama nominated him chairman in 2015, “he took the job with a Catholic sense of guilt” to do his duty, says one friend.
On Dunford’s desk as chairman, he placed the admonition of a venerated predecessor, Gen. Omar Bradley, who cautioned his staff that they didn’t have the “luxury” of focusing on just one theater but needed to think globally. Dunford has prodded the different services and combatant commands to do just that — move toward integrated global strategy, rather than separate fiefdoms.
Dunford built a powerful joint staff to coordinate policy, directed by strong officers such as McKenzie and Adm. Michael Gilday, the new chief of naval operations. The joint staff’s importance grew as the interagency process of the National Security Council decayed. Some grouse that the joint staff is now too powerful, but it helped fill a dangerous vacuum.
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In dealing with Trump, Dunford’s friends say his model was Gen. George C. Marshall, the celebrated wartime chief of staff to President Franklin D. Roosevelt. Marshall didn’t try to be FDR’s pal, or laugh at his jokes, or join his social gatherings. Marshall simply did his job.
One four-star general recalls that Trump would sometimes ask Dunford whether he liked a particular policy option. “I’m not in love with any of them,” Dunford would answer. “My job is to give you choices.”
It’s Dunford’s legacy that in a time of national tumult and division, the military seems to have remained steady as a rock.
Twitter: @IgnatiusPost |
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Latest pings may not have come from Flight 370 after all
Searchers trolling the Indian Ocean for clues to the disappearance of Malaysia Airlines Flight 370 are growing more skeptical that some of the electronic signals detected far off the Australian coast came from
Latest pings may not have come from Flight 370 after all
Searchers trolling the Indian Ocean for clues to the disappearance of Malaysia Airlines Flight 370 are growing more skeptical that some of the electronic signals detected far off the Australian coast came from the jet's black boxes.
The flight disappeared from communications and radar tracking systems about an hour after taking off from Kuala Lumpur, Malaysia, bound for Beijing on March 8. A massive and costly international search has failed to recover any sign of the plane or the 239 people aboard.
The plane's two data recorders, known as black boxes, were designed to emit signals via battery-power. But the battery life was only about 30 days. An Australian search vessel detected what authorities had determined could be "pings" from the black boxes on April 5 and April 8.
The pings, more than 1,000 miles off Australia, have been used to narrow the laborious underwater search.
The Wall Street Journal reports that authorities now suspect only the two transmissions detected April 5 are relevant to the search. Australian naval Cmdr. James Lybrand, captain of the Ocean Shield search vessel, told the Journal that a close analysis of signals detected April 8 raised doubt that they were from a man-made device.
Each of the transmissions on April 8 were intermittent and at a frequency of around 27 kHz — much lower than the 37.5 kHz frequency that black box beacons were designed to emit, Lybrand said. The April 5 transmissions were 33.3 kHz, Lybrand told the Journal.
Authorities remain hopeful that two April 5 signals are relevant, saying the low frequency could have been the result of weakening batteries and difficult deep-sea conditions, the Journal reported.
There are few other clues.
Signals picked up early in the search by British navy vessel HMS Echo were later determined to have been noises from the ship itself. A detection from a sonar buoy dropped in the ocean came from a passing commercial freighter.
While the search drags on, with a cost already estimated at $60 million, authorities also have turned their attention to ensuring that future flights do not end in mystery. To that end, Inmarsat Plc, a provider of global mobile satellite communications services, said Monday it will offer free basic tracking services for planes flying over oceans.
The British company said the service is being offered to all 11,000 commercial passenger planes already equipped with an Inmarsat satellite connection — most of the world's long-distance commercial fleet.
"This offer responsibly, quickly and at little or no cost to the industry, addresses in part the problem brought to light by the recent tragic events around MH370," Inmarsat CEO Rupert Pearce told the Associated Press. |
DUBAI (AFP) - Dubai announced Saturday adoption of a balanced budget for 2015, the first time there has been no shortfall since the global financial crisis.
Spending and revenues are both projected at 41 billion dirhams ($11.2 billion/9.3 billion euros), according to an official statement cited by the official WAM news agency.
Spending is set at 9.0 percent higher, while revenues are projected to be up 11 percent.
Dubai is one of the seven emirates in the United Arab Emirates. Its non-oil economy has posted budget deficits since 2009 after being hit hard by the global financial crisis and debt problems before being bailed out by fellow emirate Abu Dhabi.
The director of Dubai's finance department, Abdulrahman al-Saleh, said six percent of spending, or $670 million, is tagged for servicing an estimated some $80 billion in debt.
About 37 percent of spending is allocated for wages and salaries and another 44 percent for administrative and public expenditures, capital spending, grants and subsidies, Saleh said.
The remaining 13 percent is for infrastructure projects, he said.
Tax revenue is projected to rise 12 percent to make up 21 percent of total revenues.
Unlike other Gulf states and sister emirate Abu Dhabi, oil income is projected to contribute only 4.0 percent of Dubai's revenues, Saleh said.
Dubai's economy depends on real estate, tourism and hospitality. |
Contribution of nonlocal interactions to DNA elasticity.
A nonlocal harmonic elastic rod model is proposed to describe the elastic behavior of short DNA molecules. We show that the nonlocal interactions contribute to effective bending energy of the molecule and affect its apparent persistence length. It is also shown that the anomalous behavior which has been observed in all-atom molecular dynamic simulations [A. K. Mazur, Biophys. J. 134, 4507 (2006)] can be a consequence of both nonlocal interactions between DNA base pairs and the intrinsic curvature of DNA. |
There are a few things to consider before launching your enterprise.
You need to apply for a license, financials and structure a management team.
What are your internal controls, non-permissible
activities? There are also operational and anti- money laundering provisions.
Funding
Sources
You need a minimum of N100 million to start the business.
Secure funds from venture capitalists, core investors, and share equity
investors. You could try obtaining bank loans or partnership arrangements.
Write
a Business Plan
Start by writing a Bureau De Change business plan and
carry out a feasibility study. Focus on funding, paid-up share capital,
licensing and operational office. Learn the intricacy of the business and find
an ideal location.
Customer
Demography
Foreign exchange dealers service many sectors of the
economy. They provide money for students, exporters, travelers, tourists and
small business owners. Others include petroleum marketers, importers and
manufacturing companies.
1.To carry out the business of bureau De Change you need
authorization from the central Bank. The application is in two stages API and Final
approved license.
To get an approval in principle you pay a non refundable
application fee of N100, 000 and minimum capitalization of N35, 000,000 million
naira. The said sum is later refunded by the central bank on approval of final
license.
The company needs
to present a Business plan and feasibility report to the regulatory body.
2. Contents
of the Business Plan and feasibility report
The content of your Business plan and feasibility reports
should include your serve, objectives and management structure. Add financial
projections, growth indicators and profitability.
The report should have the composition of the board,
functions and responsibilities. Make provisions for anti-laundry laws of
compliance.
3. You need to add a letter of intent of shares of each
subscriber and a draft memorandum and Article of Association.
4. The business name should be incorporated at the
corporate affairs commission. Once the board has been approved a commercial
bank may grant approval to commence business.
The approval in Principle is only temporary before the final
approval by the regulatory body.
Final
License
Once you have an Approval-in-Principle you should apply
for final approval. This should be done six months after the AIP.
You submit an application to the central bank with a non
refundable sum of N1, 000,000 million Naira. Include CV of top management team,
evidence of incorporation, suitable operational office and evidence of
mandatory caution deposit.
The caution deposit is N35 million Naira and refundable
once you start the operation. The license is granted subject to the fulfillment
of CBNs conditions.
There
are lots of penalties such as license revocation or fine fees. Infractions are
engaging in prohibited activities and under subscription of minimum paid-share
capital.
Others
are failure to obtain CBN approval. Operating without a valid license and late
rendition of regulatory returns are penalized. More are submitting false
information and failure to comply with policies and guidelines.
Marketing
Offer
repeat customers small discounts, enter into strategic partnerships and
advertise. Use visible sign boards, television and radio advertisement. Build a
website and engage in social media posting. |
The DHL EuroCup: shots on goal.
Deutsche Post World Net, the German postal monopoly, faced significant challenges as it began the process of integrating three businesses: Deutsche Post Euro Express, its own ground-based parcel delivery service, and two companies it had acquired-DHL, the worldwide express delivery service, and Danzas, a worldwide air and ocean freight company. The cultural differences alone were imposing. For example, DHL was a privately held, entrepreneurial company in which most managers had international experience; Deutsche Post was until recently a state-owned monopoly in which few managers had worked outside their home country. Enter EuroCup. For 20 years, DHL employees had held a soccer tournament to strengthen company culture across national boundaries. Canceled the previous year due to budget constraints, the EuroCup tournament was revived in 2003-in part to help with the postmerger integration. But did the event really help? HBR senior editor Paul Hemp attended EuroCup 2003, joining nearly 2,500 DHL employees--about 600 of them players, the rest cheerleaders and other supporters--in the small Belgian town of Lommel. He set out to answer a number of questions relevant to any company staging an ambitious off-site intended to encourage teamwork and boost morale. How does a company determine whether such a large-scale event, even one that generates goodwill, is worth the investment? Does the team building extend to those back home who don't get to attend? Can intense competition between teams begin to overshadow the spirit of cooperation that such an event is meant to engender? In short, can a soccer tournament help a company achieve its corporate goal of creating a strong common culture? |
package com.kepler.com.caucho.hessian.test;
import java.io.IOException;
/**
* The Test service is a quick sanity check service. Developers of a
* new Hessian implementation can use this service as an initial test.
*/
public interface Test {
/**
* Does nothing.
*/
public void nullCall();
/**
* Hello, World.
*/
public String hello();
/**
* Subtraction
*/
public int subtract(int a, int b);
/**
* Echos the object to the server.
* <pre>
*/
public Object echo(Object value);
/**
* Throws an application fault.
*/
public void fault()
throws IOException;
}
|
/*
* terrain.h
*
* Terrain generation engine using simulated fault generation.
*
* This program is free software; you can redistribute it and/or modify
* it under the terms of the GNU General Public License as published by
* the Free Software Foundation; either version 2 of the License, or
* (at your option) any later version.
*
* This program is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty of
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
* GNU General Public License for more details.
*
* You should have received a copy of the GNU General Public License
* along with this program; if not, write to the Free Software
* Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA.
*
* Burt Samograd
* Copywrite 1997
*/
#ifndef _TERRAIN_H
#define _TERRAIN_H
/* Terrain data structure */
typedef struct tagTERRAINDATA
{
int Width, Height;
int Size;
unsigned char *Data;
int Seed;
int Scale;
} TERRAINDATA;
/* Module function definitions */
TERRAINDATA *NewTerrainData(int Width, int Height, int Scale);
int FreeTerrainData(TERRAINDATA **TData);
int BuildTerrain(TERRAINDATA *TData);
int BuildTerrainIteration(TERRAINDATA *TData);
#endif
|
1. Field of the Invention
The present invention relates generally to treating individuals with ionizing radiation and other treatments of disease.
2. Related Art
The permanent damage caused by ionizing radiation is generally believed to be directly proportional to the dose of radiation. However, an increasing body of evidence has suggested that this model is not appropriate for estimating permanent damage from low dose radiation (LDR) exposure. In fact, the growing body of evidence indicates that LDR induces protection against subsequent high dose ionizing radiation (HDR) exposure. For example, a number of epidemiology studies have shown lower cancer rates for individuals exposed to low doses of radiation (see Cohen, B. L., Health Phys., 68:157-174, 1995; Miller. et al., N. Engl. J. Med., 321:1285-1289, 1989; Cardis et al., Radiat. Res. 142:117-132, 1995). These epidemiological results are supported by in vitro studies that show LDR exposure reduces damage from high-dose radiation (HDR) exposures (referred to in the art as radio-adaptation or hormesis).
The concept of radio-adaptation was first explored in vitro by Olivieri et al., who showed that lymphocytes that had been chronically LDR irradiated were less susceptible to chromatid aberrations from subsequent high dose x-ray exposure (see Olivieri et al., Science, 223:594-597 1984). This finding was confirmed for acute LDR, i.e. short term exposures low dose x-radiation, where LDR-exposed cells, following HDR exposure, showed enhanced survival and fewer chromosome breaks than controls (see Wolff, S., Mutation Research, 358:135-142, 1996).
Results from other studies are consistent with these findings (see Azzam et al., Radiat. Res., 138 (1 Suppl):S28-31, 1994; Azzam et al., Radiat. Res., 146(4):369-73,1996; Shadley et al., Radiation Research, 111(3):511-517, 1987.; Shadley and Wolff, Mutagenesis, 2(2):95-6, 1987; Shadley and Wiencke, Int. J. Radiat. Biol., 56(1):107-118, 1989; and Sanderson and Morley, Mutat. Res., 164(6):347-51, 1986). As a result, it is increasingly becoming accepted that LDR exposures triggers protective cellular mechanisms that induce a radio-adaptive response (e.g. reduce the killing rate of ionizing high dose radiation). In other words, LDR exposure that triggers these protective cellular mechanisms can impede the ability to effectively treat target cells with a subsequent lethal dose of HDR. However, the inventors of the present invention have recently discovered, contrary to what is taught in the biomedical literature, that under certain conditions, LDR and other stressors may be used to increase the killing rate of HDR therapeutic exposures. |
WASHINGTON (Reuters) - Main Street lenders emerged from a meeting with U.S. President Donald Trump this week confident that his vision for an overhaul of banking regulation would set up a favorable environment for their industry.
A member of the Independent Community Bankers Association listens to remarks from U.S. President Donald Trump in the Kennedy Garden at the White House in Washington, U.S., May 1, 2017. REUTERS/Jonathan Ernst
Reducing lending rules for the industry, a key source of credit for small businesses and farmers that has been shrinking and struggling under post-financial crisis regulation, is one of the few things both political parties as well as the president can agree on.
“They understand our business model, and have an appreciation for the fact that community banks are unique,” Rebeca Romero-Rainey, chief executive of Centinel Bank of Taos, New Mexico, said of the administration.
Trump has suggested resurrecting a form of the Depression-era Glass-Steagall law to separate capital markets operations from traditional lending. He has not consistently defined what that would look like but has floated the idea of an actual breakup of large banks, a prospect that bosses of Wall Street lenders have downplayed.
Signs have emerged however that at the very least Trump and his team are interested in creating a system that involves fewer rules for smaller banks.
“The President’s pro-growth agenda, including instituting what he has called a ‘21st century Glass-Steagall,’ will allow these banks to spend less time complying with unnecessary requirements, many of which were designed to police much larger entities, and more time, infusing their communities and local small businesses with capital,” White House spokesman Sean Spicer said this week.
The influence of the industry was on display this week when Trump and his senior lieutenants feted community bankers at the White House ahead of their annual conference on Monday, a show of access and acceptance not seen in recent administrations.
More than 1,600 community banks, or a quarter of the industry, have disappeared since the enactment of the Dodd-Frank financial reform law in 2010, data from the Federal Deposit Insurance Corporation showed.
Bipartisan support to arrest that trend is unsurprising. While community banks may not have the lobbying firepower of Wall Street, they are a powerful political force given their presence in every congressional district across the country.
“Democrats and Republicans have long agreed that small, well-managed banks shouldn’t be bogged down with needless red tape,” said Senator Sherrod Brown, the top Democrat on the Senate Banking Committee in a statement to Reuters.
“Democrats are ready and able to continue working with Republicans to tailor the rules where it makes sense, but not if it means hurting consumers or resurrecting risky Wall Street behavior.”
A bill to neutralize much of the post-crisis legislation designed to rein in Wall Street that community bankers say saddled them with outsized regulations is expected to fail amid opposition from Democrats.
That measure, from Republican Representative Jeb Hensarling, is expected to pass the House sometime this summer, but is unlikely to gain momentum in the Senate where Democrats’ votes are necessary to pass.
But more modest proposals to ease the regulatory burden on community banks could be successful. Senate Banking Chairman Mike Crapo, a Republican who will play a key role in shepherding any changes to financial rules through Congress, has said he would like to focus on community banks as a key part of his panel’s agenda.
“They’re looking for a system that’s just proportionate,” said Romero-Rainey, who will take over as head of the Independent Community Bankers of America trade group in May 2018.
FED ADVOCATE
Community banks, typically privately owned institutions with less than $10 billion in assets and often with fewer than 100 employees, are a world away from Wall Street banks.
The community banks often lack large compliance departments and have technology budgets a fraction of those at big banks, and have struggled to keep up with reporting requirements and regulatory scrutiny under post-crisis rules, even with some exemptions created by Congress.
To be sure, even without legislative change, the big banks are also expecting regulatory relief as Trump appointees in the Federal Reserve, Treasury and other agencies are able to influence how existing rules are interpreted.
Meanwhile, for the first time the community bankers are expecting to have an advocate at the Fed. The Trump administration is looking for candidates to fill a seat on the Federal Reserve Board designated for someone with experience in community banking.
That spot, created by law in 2014, has sat vacant and President Obama’s selection stalled out in the Senate. |
Q:
SPF record is showing up unchanged after several days
I need to change my SPF record, but the one that Kitterman shows as being the present SPF record is not visible on my DNS server.
OLD ONE: v=spf1 a mx include:e2ma.net ~all
I added the new one and it is not showing up. The old one will not change.
NEW ONE: v=spf1 a mx include:e2ma.net include:_spf.google.com include:aspmx.pardot.com ~all
Ugggg! Hope this makes sense, any help would be appreciated.
A:
Let's follow the trail of evidence here:
$ whois toafinish.com | grep "Name Server"
Name Server: DNS1.HOST1PLUS.COM
Name Server: DNS2.HOST1PLUS.COM
Those are the authoritative nameservers for your domain. Let's look at the current SPF records:
$ dig txt toafinish.com +short
"v=spf1 a mx include:e2ma.net ~all"
"spf2.0/pra a mx include:e2ma.net ~all"
OK, those are the current SPF records that are being returned by the authoritative servers for your domain.
So where is the disconnect? Well there are a couple options.
You are updating your DNS records in the wrong spot. Are you sure you're updating your records in Host1Plus's system?
You are indeed updating your records in Host1Plus's system, but for some reason they are not getting saved or not getting deployed correctly to their nameservers.
You really have one thing to check: are you updating your DNS records in the right location? If so, then you need to talk with your provider to see why things aren't getting updated as expected.
|
/*******************************************************************************
* * Copyright 2012 Impetus Infotech.
* *
* * 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 com.impetus.kundera.metadata.model.attributes;
import java.lang.reflect.Field;
import java.lang.reflect.Member;
import java.util.Date;
import javax.persistence.CollectionTable;
import javax.persistence.Column;
import javax.persistence.JoinColumn;
import javax.persistence.Temporal;
import javax.persistence.metamodel.Attribute.PersistentAttributeType;
import javax.persistence.metamodel.ManagedType;
import javax.persistence.metamodel.Type;
import org.slf4j.Logger;
import org.slf4j.LoggerFactory;
import com.impetus.kundera.metadata.model.annotation.DefaultFieldAnnotationProcessor;
import com.impetus.kundera.metadata.model.annotation.FieldAnnotationProcessor;
import com.impetus.kundera.metadata.model.type.AbstractManagedType;
/**
* Abstract class for to provide generalisation, abstraction to
* <code>Type</code> hierarchy.
*
* @param <X>
* the generic mananged entitytype
* @param <T>
* the generic attribute type
* @author vivek.mishra
*/
public abstract class AbstractAttribute<X, T>
{
/** The Constant log. */
private static final Logger log = LoggerFactory.getLogger(AbstractAttribute.class);
/** The attrib type. */
protected Type<T> attribType;
/** The attrib name. */
private String attribName;
/** The persistence attrib type. */
private PersistentAttributeType persistenceAttribType;
/** The managed type. */
private ManagedType<X> managedType;
/** The member. */
protected Field member;
/** Column name */
private String columnName;
/** Name of Table, to which this attribute belongs to */
private String tableName;
private FieldAnnotationProcessor fieldAnnotationProcessor;
/**
* Instantiates a new abstract attribute.
*
* @param attribType
* the attrib type
* @param attribName
* the attrib name
* @param persistenceAttribType
* the persistence attrib type
* @param managedType
* the managed type
* @param member
* the member
*/
AbstractAttribute(Type<T> attribType, String attribName,
javax.persistence.metamodel.Attribute.PersistentAttributeType persistenceAttribType,
ManagedType<X> managedType, Field member)
{
this.attribType = attribType;
this.attribName = attribName;
this.persistenceAttribType = persistenceAttribType;
this.managedType = managedType;
this.member = member;
this.columnName = getValidJPAColumnName();
this.fieldAnnotationProcessor = new DefaultFieldAnnotationProcessor(member);
this.fieldAnnotationProcessor.validateFieldAnnotation(
fieldAnnotationProcessor.getAnnotation(Column.class.getName()), (Field) member, this.managedType);
this.tableName = getTableName();
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Bindable#getBindableType()
*/
public abstract javax.persistence.metamodel.Bindable.BindableType getBindableType();
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#isCollection()
*/
public abstract boolean isCollection();
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Bindable#getBindableJavaType()
*/
public Class<T> getBindableJavaType()
{
return attribType.getJavaType();
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#getName()
*/
public String getName()
{
return attribName;
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#getPersistentAttributeType()
*/
public javax.persistence.metamodel.Attribute.PersistentAttributeType getPersistentAttributeType()
{
return persistenceAttribType;
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#getDeclaringType()
*/
public ManagedType<X> getDeclaringType()
{
return managedType;
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#getJavaMember()
*/
public Member getJavaMember()
{
return member;
}
/*
* (non-Javadoc)
*
* @see javax.persistence.metamodel.Attribute#isAssociation()
*/
public boolean isAssociation()
{
return persistenceAttribType.equals(PersistentAttributeType.MANY_TO_MANY)
|| persistenceAttribType.equals(PersistentAttributeType.MANY_TO_ONE)
|| persistenceAttribType.equals(PersistentAttributeType.ONE_TO_MANY)
|| persistenceAttribType.equals(PersistentAttributeType.ONE_TO_ONE);
}
/**
* Returns assigned jpa column name.
*
* @return column name jpa column name.
*/
public String getJPAColumnName()
{
// In case of Attribute override.
Column column = ((AbstractManagedType) this.managedType).getAttributeBinding(member);
if (column != null)
{
columnName = column.name();
}
return columnName;
}
/**
* Returns assigned table name.
*
* @return table name.
*/
public String getTableName()
{
return ((DefaultFieldAnnotationProcessor) fieldAnnotationProcessor).getTableNameOfColumn();
}
/**
* Gets the valid jpa column name.
*
* @param entity
* the entity
* @param f
* the f
* @return the valid jpa column name
*/
private final String getValidJPAColumnName()
{
String name = null;
if (member.isAnnotationPresent(Column.class))
{
Column c = member.getAnnotation(Column.class);
if (!c.name().isEmpty())
{
name = c.name();
}
}
if (member.isAnnotationPresent(Temporal.class))
{
if (!member.getType().equals(Date.class))
{
log.error("@Temporal must map to java.util.Date for @Entity(" + managedType.getJavaType() + "."
+ member.getName() + ")");
return name;
}
}
else if (member.isAnnotationPresent(JoinColumn.class))
{
JoinColumn c = member.getAnnotation(JoinColumn.class);
if (!c.name().isEmpty())
{
name = c.name();
}
}
else if (member.isAnnotationPresent(CollectionTable.class))
{
CollectionTable c = member.getAnnotation(CollectionTable.class);
if (!c.name().isEmpty())
{
name = c.name();
}
}
return name == null ? getName() : name;
}
public FieldAnnotationProcessor getFieldAnnotation()
{
return fieldAnnotationProcessor;
}
public void setColumnName(final String columnName)
{
this.columnName = columnName;
}
}
|
package com.elifut.models;
import com.google.auto.value.AutoValue;
import com.google.common.collect.FluentIterable;
import com.google.common.collect.Lists;
import com.google.common.primitives.Ints;
import android.content.ContentValues;
import android.support.annotation.Nullable;
import android.text.TextUtils;
import com.elifut.AutoValueClasses;
import com.elifut.SimpleCursor;
import com.elifut.services.ElifutDataStore;
import com.elifut.util.ContentValuesBuilder;
import org.apache.commons.math3.distribution.NormalDistribution;
import org.apache.commons.math3.stat.descriptive.DescriptiveStatistics;
import java.util.Arrays;
import java.util.List;
import static com.elifut.Util.listSupertype;
@AutoValue
public abstract class ClubSquad implements Persistable {
@Nullable public abstract Integer id();
public abstract int clubId();
public abstract List<Player> players();
// TODO: For now, all squads are 4-4-2 by default
public static final int TOTAL_DEFENDERS = 4;
public static final int TOTAL_MIDFIELDERS = 4;
public static final int TOTAL_ATTACKERS = 2;
public static ClubSquad create(int clubId, List<Player> squad) {
return create(null, clubId, squad);
}
public ContentValues toContentValues() {
return ContentValuesBuilder.create()
.put("id", id())
.put("club_id", clubId())
.put("player_ids", TextUtils.join(",", Lists.transform(players(), Player::id)))
.build();
}
public static ClubSquad create(Integer id, int clubId, List<Player> squad) {
return builder()
.id(id)
.clubId(clubId)
.players(squad)
.build();
}
public double rating() {
List<Integer> ratings = FluentIterable.from(players()).transform(Player::rating).toList();
DescriptiveStatistics stats = new DescriptiveStatistics();
for (Integer rating : ratings) {
stats.addValue(rating);
}
double mean = stats.getMean();
double standardDeviation = stats.getStandardDeviation();
NormalDistribution normalDistribution = new NormalDistribution(mean, standardDeviation);
return normalDistribution.sample();
}
public static ClubSquad create(SimpleCursor cursor, ElifutDataStore service) {
List<Integer> playerIds = Lists.transform(Arrays.asList(
cursor.getString("player_ids").split(",")), Integer::valueOf);
List<? extends Player> players =
service.query(AutoValueClasses.PLAYER, Ints.toArray(playerIds));
return ClubSquad.create(cursor.getInt("id"), cursor.getInt("club_id"), listSupertype(players));
}
@AutoValue.Builder
public abstract static class Builder {
public abstract Builder id(Integer x);
public abstract Builder clubId(int x);
public abstract Builder players(List<Player> x);
public abstract ClubSquad build();
}
public static Builder builder() {
return new AutoValue_ClubSquad.Builder();
}
public abstract Builder toBuilder();
}
|
Q:
MySQL and Python - how to check an entry with user input?
We're creating a basic MUD and want it to save/load from a MySQL database, as an initial command, we want to have an initial "Do you have a character?" prompt, we have the "no" part sorted out, and it successfully saves to the database. However, I'm having trouble with the "yes" part, more specifically, having it check the DB for a specific entry against user input to make sure it exists, and consequently load the data.
Here's my current code:
global name
name = ''
savename = ("INSERT INTO CharactersDB (ID) VALUES (%s)")
loadname = ("SELECT ID FROM CharactersDB WHERE ID=%s")
def newname():
global name
newchar = raw_input("Do you have a character? (y/n) ")
if newchar == 'y':
login = raw_input("Please enter your Character's name: ")
logincheck = cur.execute(loadname, login)
if login == logincheck:
print "pass"
print "Successfully loaded ", login, "from the database"
else:
print "Sorry, could not find you in the database"
print "Or it just isn't working"
else:
name = raw_input("Please enter a new name: ")
#save new name to the database
cur.execute(savename, name)
print "Name saved, you are now called ", name
db.commit()
return name
newname()
I don't have any errors, it just goes from the first if statement to the second one, saving the "new" name (though no changes are made to the db since the entry already exists)
A:
Accord to the DB API the return value of cur.execute is undefined. So if you use
logincheck = cur.execute(loadname, login)
then your code will be relying on the particular behavior of your database adapter. MySQLdb for example, returns the primary key of the row selected (if it exists), or 0L if there is no such row. Nevertheless, I think it is better not to rely on this.
Your code will be a little more general if you instead stick to only those behaviors guaranteed by the DB API.
Instead you could use
cur.execute(loadname, login)
logincheck = cur.fetchone()
This will make logincheck a tuple (if a row exists) or the value None.
If login is an ID in CharactersDB, then logincheck will look like the tuple (login, ), not the string login.
If login is not an ID, then logincheck will be None.
So the if-statement could then look like this:
if logincheck is None:
print("Sorry, could not find you in the database\nOr it just isn't working")
else:
print("pass\nSuccessfully loaded {} from the database".format(login))
|
Q:
Promise within Observable: Not able to return data
I'm using Angular 7 and Typescript and I'm trying to read a json file within a zip file. I can print the correct json output on console, but I'm not able to return the json data from that function.
I'm downloading the zip File using another service and an observable and within that observable I'm using a promise (that's what the JSZip library offers) to extract the zip file and read the data of my json file. The code of the function is as follows:
extract-zip.service.ts:
async getJSONfromZip(zip_filename: string, json_filename: string) {
return this.fileService.downloadResource(zip_filename)
.pipe(
map (async (data: any) => {
return JSZip.loadAsync(data)
.then((zip: any) => {
Object.keys(zip.files)
// iterate over all containing files
.forEach((filename) => {
// look for json file
if (filename === json_filename) {
return zip.files[filename].async('string')
.then((fileData: any) => {
console.log(fileData);
return fileData;
});
}
});
});
}))
.toPromise();
}
It returns a Promise, but I want to return the content of the json file (fileData).
How can I do that? I tried converting it to Promise and also using and returning a class member variable, but nothing works.
A:
I am not sure why you use it as a promise so I have left everything as observables until the end.
async getJSONfromZip(zip_filename: string, json_filename: string) {
return this.fileService
.downloadResource(zip_filename)
.pipe(
switchMap(data => from(JSZip.loadAsync(data))), // make the promise a observable
map(zip => {
const fileNames = Object.keys(zip.files);
const fileExist = zipFiles.find( fileName => fileName === json_fileName);
if (fileExist) {
return zipFiles[fileName];
} else {
return undefined;
}
}),
filter(zipFile => zipFile), // do not process anything if the file is not found
switchMap(zipFile => from(zipFile.async('string')))
)
.toPromise();
}
const myJson = await getJSONfromZip('something.zip', 'json_name.json');
Be aware that your promise could never be full filled, if you need that then you should remove the filter and throw an exception or similar.
I would recommend use it as observable instead of promise.
|
// Copyright (c) 2014 The Bitcoin Core developers
// Distributed under the MIT software license, see the accompanying
// file COPYING or http://www.opensource.org/licenses/mit-license.php.
#ifndef BITCOIN_TIMEDATA_H
#define BITCOIN_TIMEDATA_H
#include <algorithm>
#include <assert.h>
#include <stdint.h>
#include <vector>
class CNetAddr;
/**
* Median filter over a stream of values.
* Returns the median of the last N numbers
*/
template <typename T>
class CMedianFilter
{
private:
std::vector<T> vValues;
std::vector<T> vSorted;
unsigned int nSize;
public:
CMedianFilter(unsigned int size, T initial_value) : nSize(size)
{
vValues.reserve(size);
vValues.push_back(initial_value);
vSorted = vValues;
}
void input(T value)
{
if (vValues.size() == nSize) {
vValues.erase(vValues.begin());
}
vValues.push_back(value);
vSorted.resize(vValues.size());
std::copy(vValues.begin(), vValues.end(), vSorted.begin());
std::sort(vSorted.begin(), vSorted.end());
}
T median() const
{
int size = vSorted.size();
assert(size > 0);
if (size & 1) // Odd number of elements
{
return vSorted[size / 2];
} else // Even number of elements
{
return (vSorted[size / 2 - 1] + vSorted[size / 2]) / 2;
}
}
int size() const
{
return vValues.size();
}
std::vector<T> sorted() const
{
return vSorted;
}
};
/** Functions to keep track of adjusted P2P time */
int64_t GetTimeOffset();
int64_t GetAdjustedTime();
void AddTimeData(const CNetAddr& ip, int64_t nTime);
#endif // BITCOIN_TIMEDATA_H
|
Mario Party Party: 4 - Part 01
We're convinced that the longer we play Mario Party, the worse our life decisions become.
Join us as the Giant Bomb gang stares down the barrel of a long game of each release in the mainline Mario Party series.
Apr. 16 2015
Cast: Jeff, Brad, Drew, Dan
Posted by: Jason |
Gary Bettman has aged badly since he signed his first CBABy New York World-Telegram and the Sun Newspaper Photograph Collection staff photographer
Yesterday there was a flurry of CBA proposals made by the NHLPA. Today, one came from another source: Twitter user @67sound. It's an interesting proposal -- unlike the overwhelming majority of the fan/media proposals, it actually works to deliver what the players and owners say they need. So I want to break down how it works.
The basic stances of the two sides have been made clear. The owners want a 50/50 split of hockey-related revenue (HRR). The players are open to a 50/50 split but do not want a rollback (or the equivalent increase in escrow withholdings) of their existing contracts, which add up to more than 50%. The owners say the drop to 50/50 needs to be effective immediately to save certain struggling franchises.
What the new proposal suggests is that the cap, floor, and escrow calculations be based on a 50/50 split, but that teams be permitted to spend more than that if they choose. Teams could spend up to the current $70.2M, but the excess over the 50/50 split would come out of their own share of the revenues rather than affecting what other owners and players get.
Let's go through some numbers to illustrate how that works.
The soft cap system
The NHL's proposal of a 50/50 split estimated that the cap would be $59M. That means that they estimate that having player salary and bonuses total $1.53B would mean that their share (including benefits) was 50% of HRR. So if the player salaries add up to more than $1.53B (it's currently $1.76-1.82B depending how many bonuses get hit), under the league's proposal each player would give back ~13-15% of their salary via escrow to reduce their total to $1.53B.
This proposal suggests setting a soft cap at $59M and a hard cap at $70.2M, and if a team decides it wants to spend over the soft cap, the excess will come out of their share instead of the players's share, which would mean that it is removed from the escrow withholding calculation. So using the current salaries, it would look something like this (assuming half of performance bonuses end up getting paid):
So escrow would withold from each salary the amount required to reduce the total amount below the red line from $56.3M per team to $51M per team. Here is how the calculation of escrow witholdings under this proposal compares to the NHL's flat 50/50 proposal:
This is how we calculate how much money each team receives, to achieve the desired goal of having expenditures over $59M come from the individual owner's pocket instead of the collective owners' pool. Obviously, it can't be how we calculate the withholdings from each individual -- if Buffalo ($75M payroll) and Toronto ($59M) stripped the same $5.6M from their players, the percentage in Toronto would be much larger and a player with a $3M contract there would find himself taking home less money than his $3M counterpart on the Sabres. Instead, we add the total money withheld ($160M) and work out that each player's salary would be reduced by 9% (or less if there is appreciable revenue growth).
So the players don't reach their goal of exactly preserving current the contracted salary, but doing so would actually mean giving them an effective raise, since escrow has always reduced their contracts by a bit. We don't have the 2011-12 figures yet, but in the three previous years escrow withholding reduced their take-home pay by an average of 8.2%. So giving back 9% this year is consistent with what they should have expected when they signed the contracts.
The unequal payout to teams of the withheld money results in a bit of a redistribution. Under this scheme, the Islanders' player costs are being reduced by about 10% (they get back $4M on about $42M payroll), while the Sabres' player costs are being reduced by only 7% ($5.6M back on $75M payroll). This is in keeping with the players' goal of shared sacrifice, having the wealthy teams pitch in a little more in revenue sharing rather than demand that the players bear all the burden of supporting the poorer teams.
Does this deal work?
Here's how it looks from each party's perspective:
The large-market teams are accepting increased costs over the NHL proposal, but in return they gain a competitive advantage that they have shown (through their decision to take on those high-salary players) they value more than the cost reduction.
The small-market teams are also getting slightly increased costs over the NHL proposal, but not by much. This might be acceptable, but it was actually not what @67sound had intended; he was thinking that their costs would match the NHL proposal. In private conversation he suggested a more sloped distribution of the withholdings distribution akin to the NBA luxury tax, with the teams that spend above the $59M limit receiving none of the withholdings and their share being used to increase payments to teams in smaller markets. This is a detail that could be negotiated within the framework of this approach.
The players are taking a bit of a reduction in salary, but nothing beyond what they should have expected when they signed their contracts. Since their current salaries total quite a bit more than 50% (thanks in part to the trend in recent years toward front-loaded contracts), maintaining their current pay without escrow seems unlikely; it is hard to see them getting much more money than this.
Each party gets most of their primary desires. That's not an easy thing to achieve, no matter how many people say they have a simple solution. The thresholds might be adjusted a bit during the negotiation process, but this generally seems like a decent framework for negotiation.
Bettman stormed out of the board room yesterday and was clearly angered at the players proposal. I think his head might explode if the players ever came back proposing a soft cap system.
The problem is, this goes against everything the owners have argued for in the last CBA negotiation. The owners want a fixed cost system because their competitive egos won't let them control their own spending. They want to fix costs at the lowest possible number. Furthermore, this is a horrible deal for small market franchises because they will have a harder time being competitive as salaries for the top players will be driven up.
Also, how long does this "soft cap" system remain in place? Is it permanent? Does the hard cap ($70.2M) rise with revenues?
Ah, yeah, I failed to make that last part clear: this is basically a short-term fix, since they're both agreed on a 50/50 split in the long run. The $70.2M figure is fixed, and goes away once HRR is high enough that the 50/50 split puts a cap above $70M.
I don't agree that it goes against everything the owners have argued for. They still have cost certainty, every bit as much as they do today. Costs won't exceed the greater of $70.2M or 50% of HRR. That's lower than what was negotiated in the previous CBA (which would have it at 57%, $70.2M this year and rising), so it seems like this is a clear gain, not the step backwards you are painting it as.
We know that some small-market franchises want to reduce their spending considerably from its current levels. You are suggesting that giving them that option is a horrible deal for them unless we also rule that the large-market franchises have to reduce their spending as well -- which obviously means a substantial reduction in player salaries. If giving them lower costs and more revenue sharing (as this proposal does) is a horrible deal for them because it doesn't also reduce the costs for the large market teams, then you're basically just anti-player. Since the league is already making a healthy profit as a whole and the players are giving back still more money in this proposal, I find your stance extreme.
I still assume Bettman stormed out of the room in anger because the PR guys told him to never let on that the NHLPA had made any concessions, to paint the players as the obstinate ones refusing to meet in the middle. For all we know, he was on the phone with Fehr 20 minutes later talking about the minor concessions he needed to see to reach a deal.
So I spent this whole article explaining the differences between this system and the NHL's offer, but it also bears striking similarities to the players' offer number three (50/50 split but honor current contracts).
The changes to that offer are:
1) "Honor current contracts" doesn't mean pay them in full; it means pay them at roughly the level they would've ended up getting paid under the old CBA.
2) Since that increases the players share to a level that the NHL says small markets can't afford, increase revenue sharing to make up most of the difference (or all, if desired).
3) Since that takes money from the high-spending teams, give them a bit more competitive advantage as a carrot (and a good chance at revenue increases that more than offset what they are giving away).
If the players really won't accept any reduction of their salary by any mechanism, then we probably really are at an impasse, because that would mean they're asking for a significant _raise_ in year 1 when the owners are saying they need cuts. This offer, which keeps things roughly level for them, is probably all they can reasonably ask for. The small markets are getting everything they've asked for (unless you subscribe to the theory that the Islanders expect a structure that allows them to remain competitive while spending $35M).
It really boils down to whether the large market teams can live with the trade-off of money for competitive advantage -- so far, everything in the free agency era says they'll make that trade every day of the week, but perhaps how they see things at CBA negotiation time is different from how they see things on July 1. |
DESCRIPTION (from abstract): Giant cell arteritis (GCA) is an ophthalmic emergency with a high risk for permanent vision loss. If diagnosed promptly, GCA responds well to glucocorticoids but therapy is associated with a high rate of side effects and no improvement in disease management has been made in the last 25 years. The PI has succeeded in establishing a novel model for this vasculitis by engrafting human temporal arteries into SCID mice. Studying the artery-SCID chimeras holds the promise to approach pathomechanisms, design new therapies and directly test them in the chimeras. The goal of this proposal is to investigate mechanisms of vaso-occlusion which are critical in causing ischemic optic neuropathy. She proposes that the initial events in GCA relate to the recognition of antigen by CD4+ T cells and the induction of IFN- production. Tissue damage, including intimal hyperplasia is likely a downstream effect regulated through mediators released by resident cells and by infiltrating macrophages. A correlation exists between anatomical structures of the artery and functional differentiation of macrophages. Accordingly, one macrophage subset produces IL-1B , IL-6, and TGF-B 1 a second subset releases metalloproteinases and a third subset is specialized in synthesizing inducible nitric oxide synthase. The PI has already demonstrated that variations in the lesional cytokine pattern correlate with the absence or presence of clinical ischemia. Experiments proposed here are designed to identify cells and mediators directly involved in stimulating intimal proliferation and ischemic complications. The contribution of individual cell subsets and cytokines will be explored by correlating the tissue expression of growth factors, metalloproteinases, inducible nitric oxide synthase, angiotensin converting enzyme and endothelin with intimal proliferation and with clinical evidence for reduction in ocular blood flow in a cohort of GCA patients. GCA-SCID chimeras will be treated with glucocorticoids to explore beneficial and detrimental effects on intimal thickening and arterial occlusion. To establish the connection between the immunological injury and the vascular response, the PI will modulate IFN-production in arterial xenografts and thus test IFN-y directed interventions for their therapeutic potential. The PI will also explore whether TGF-B 1 is a second key cytokine in the disease and whether neutralization of TGF-B 1 in the SCID chimeras inhibits chemotaxis as well as effector mechanisms leading to arterial occlusion. Pathways involved in causing ischemic disease with subsequent blindness should represent premier targets for new therapeutic strategies in GCA. |
[Effect of sigetin on the concentration of triglycerides and cholesterol in rat blood and liver].
It was shown in experiments on male rats that sygethin an analogue of synesterol devoid of estrogenic effect decreased cholesterol level in the intact animals and diminished hypercholesterolemia induced by dexamethasone. Sygethin inhibited the hypertriglyceridemia induced by diethylstilbestrol, as well as by ethanol and dexamethasone. |
Braying for Battle: The Long Love Affair Between Donkeys and the Military
“Let me warn you, our main story tonight is going to end with you getting extremely angry at a donkey,” comedian John Oliver told viewers in late October.
The donkey in question was not just any braying, four-legged friend. It was Smoke, the celebrated “veteran” donkey who hee-hawed his way into the hearts of a Fallujah-based Marine battalion in 2008 when he wandered into their camp from the Iraqi hillside. Smoke (whose name reflected his propensity to eat soldier’s cigarettes, both lit and unlit) soon became an unofficial mascot for the squadron, skirting the war zone ban on pets by becoming a certified therapy animal and providing endless entertainment for the soldiers and their children via Skype chats.
Eventually, those particularly taken with Smoke went to great lengths to arrange for his transport from Iraq to a therapy farm in Nebraska — a trip that cost more than $18,000 and trekked across more than 6,000 miles for the celebrity burro.
Herein lies Oliver’s beef with Smoke. Smoke’s entire visa process took a considerably shorter amount of time (read: months vs. years) than the hoops and hurdles required for Iraqi and Afghan translators attempting to enter the country as part of the Special Immigrant Visa program.
From our partners at VICE
While Oliver’s outrage is well-placed and understandable, it’s not difficult to feel a little sorry that Smoke — who passed on to that great pasture in the sky in 2012 — had to take such heat for something far above his equine pay grade.
It’s also not a terribly surprising move on the part of Smoke’s higher-ups, given the military’s long, storied love affair with the humble donkey.
The donkey’s role as the ultimate gear-carrying companion in military clashes is almost as old as land grabbing, nation-state conflicts themselves.
The military’s history of holding the donkey up as a friend and mascot is both well-documented and regularly celebrated. The donkey’s role as the ultimate gear-carrying companion in military clashes is almost as old as land grabbing, nation-state conflicts themselves.
The first recorded instance of a heroic military donkey came in 520 BC, according to John Kistler’s Animals in the Military. “On at least one occasion, army donkeys … saved an army from destruction,” writes Kistler. “The Scythian cavalry pursued King Darius I of Persia … but the ‘hard braying’ of Persian donkeys upset the Scythian horses. Darius then moved all his donkeys to the rear, and they effectively covered the retreat from the enemy.” The donkey continued to be highly valuable to Roman army officials, who once paid 400,000 sesterces — equal to the combined annual salaries of 400 Roman soldiers — to acquire four, high-quality work donkeys.
While primarily used to schlep provisions, the breadth of creative uses for donkeys by military operatives over the centuries has been impressive. During World War I, members of the Australian Army Medical Corps tasked their donkey, Duffy, with a legendary feat during the Battle of Gallipoli in 1915. According to lore, Duffy and his solider-handler — who had worked with donkeys in civilian life — hauled the bodies of 300 injured men out of harm’s way before being gunned down by machine gun fire.
One year later, a donkey named Jimmy was born in the trenches of Somme and raised by the British troops on condensed milk and rations. Eventually earning the nickname “The Sergeant” and learning how to salute with one hoof, Jimmy kept spirits high on the front line and carried necessary supplies as his squadron stayed on the move. He was wounded three times during his service, and in 2012 honored posthumously with the PDSA Dickin Medal for bravery — the highest honor that can be bestowed upon an animal by the English military.
In the United States, mules eventually became the preferred equine for supply-hauling armies because of their ability to withstand harsher conditions than horses and carry more weight than donkeys. Mules are so deeply rooted in the Army psyche that a pair of the beasts serve as the Army’s mascot, selected in 1899 as a counter to the Navy’s signature goat. The current Army mules — Ranger III and Stryker — are half-brothers and live at West Point, where they are cared for and trained by specially designated cadet Mule Riders tasked with the unique duty of trotting them out at ceremonies and sporting events.
The mule might take top Army billing, but the donkey has never plodded along too far behind.
The mule might take top Army billing, but the donkey has never plodded along too far behind. The pack animal’s sure-footedness on rocky crags and ability to carry up to a third of its body weight has proven time and again to be beneficial on rough terrain. “A good donkey,” Marines told the Los Angeles Times in 2009, “knows three steps ahead where it wants to walk.” Today, a special subset of military trainees work with both donkeys and mules, as donkeys are far easier to purchase (between $5-7 a head) in current combat zones like Afghanistan.
While the use of mules and donkeys as military first-responders was on the decline for second half of the 20th century, the fuzzy beasts of burden have never left the front lines entirely. The drawdown of American troops in Afghanistan has triggered a rise in the use of donkeys as the “new helicopters” by Afghan troops, who are being forced to rely on the ancient animals for transport instead of the modern tools of war brought in by the United States. “You are the richest and most powerful country in the world. Of course you can afford helicopters. The best we can do is donkeys,” Qamuddin, a 16-year-old donkey handler, told the Washington Post in 2012. “Without donkeys, there would be no Afghan army.”
The donkey is also in the throws of a different sort of military second coming — one with a more Terminator-like look to it. Unveiled last fall, the Legged Squad Support System (or LS3) is a robot donkey designed to haul materials like their flesh-and-blood inspirations have done for centuries, only to a mindboggling degree. The LS3 can carry up to 400 pounds while serving as a walking charging station. The latest model is set to be unveiled early next year as part of a $54 million dollar testing program.
Whether covered in fur or made out of futuristic metal, it’s hard to imagine any military animal influencing or assisting in the line of duty more than the humble donkey, with the critter adding chapter after chapter to the story of its decorated military service with each passing year.
Top: Courtesy Library of Congress Photo Archives.
Braying for Battle: The Long Love Affair Between Donkeys and the Military |
1. Field of the Invention
The invention relates to a knuckle suited to be applied to a suspension unit for a vehicle such as a passenger car, a truck, a bus or the like.
2. Description of the Related Art
As suspension units applied to vehicles, suspension units of an independent suspension type that independently support left wheels and right wheels with a view to improving the grounding property of the wheels have been employed. For example, suspension units of a multi-link type, a double wishbone type, and a McPherson strut type are well known. Especially a suspension unit of the McPherson strut type is constructed such that a knuckle for rotatably supporting each wheel is coupled to a vehicle body side via a lower arm, and that an intermediate part of this lower arm or the knuckle and the vehicle body side are coupled to each other by a shock absorber. The suspension unit of the McPherson strut type is therefore simple in structure and advantageous in space saving and cost reduction.
A knuckle for use in a suspension unit that is made of an aluminum extrusion material as described in Japanese Patent Application Publication No. 8-324450 (JP-A-8-324450) has been proposed for the purpose of enhancing mass productivity and reducing manufacturing costs.
However, in this knuckle described in Japanese Patent Application Publication No. 8-324450 (JP-A-8-324450), part of a bearing mounting body, an upper suspension arm mounting arm, and a lower suspension arm mounting arm are constructed as a first member made of an aluminum extrusion material, and the rest of the bearing mounting body and a tie rod mounting arm are constructed as a second member made of an aluminum extrusion material. The first member made of the aluminum extrusion material and the second member made of the aluminum extrusion material are so coupled as to be superimposed on each other in the direction of a central axis of a bearing. The knuckle is thereby constructed.
In the knuckle thus constructed, especially in the former one of the members, that is, the first member made of the aluminum extrusion material, there is caused a problem in that the number of man-hours increases as a result of the need to cut the extruded extrusion material by means of water injection, laser beams, or the like, namely, the need to machine the extruded extrusion material. |
Q:
MYOB ODBC Driver changing working directory to temp using Compojure
I've written a little internal webapp that I use to import invoices from our jobcard database into MYOB. I've written it using Clojure and Compojure, and it actually works pretty well, and it was also a good learning exercise for me.
However, I've got a problem, it seems that after a successful invoice import the jetty server will no longer serve the static CSS file.
The defroute is as follows:
(defroutes static-routes
(GET ["/:filename" :filename #".*"] [filename]
(response/file-response filename {:root "public"})))
(The file is just css/default.css, it works just perfectly before the first import.)
Now I think I've found the problem, it seems that the MYOB ODBC driver is changing the working directory of the Jetty server (and my REPL), because when I enter the following in the REPL:
(file-seq (File. "."))
I get a listing of my Temp files directory, which would explain why my CSS file is no longer being found.
The odd thing is, if I do:
(.getAbsolutePath (File. "."))
I get the correct directory of my application.
Does anyone know of something (other than coding in an absolute path) that can get around this quirk of the MYOB ODBC driver?
I'm guessing that I could just grab and store the absolute path when I start up, but would that work with an uberjar?
Edit:
It seems that it is impossible to fix due to limitations in the JVM?
How do I change directory in command line with Clojure?
A:
There doesn't really seem to be much that can be done about this. It just seems that the MYOB ODBC bridge is just bad.
So in order to get around this, I've replaced my relative file calls to use .getAbsolutePath.
e.g.
(java.io.File. (.getAbsolutePath (java.io.File. "templates/index.html")))
I've also changed it so static file requests use a absolute file path:
(defroutes static-routes
(GET ["/:filename" :filename #".*"] [filename]
(response/file-response filename {:root (.getAbsolutePath (java.io.File. "public"))})))
I haven't just tried creating an uberjar, so I expect I might get some problems there.
Just an update to this, using Compojure's resources function seems to skip with problem entirely, also working without problems when creating an UberJar.
So I no longer have "static-routes" defined anymore, I just use:
(route/resources "/")
And have the files in my resources/public directory in the root directory of my project.
|
Introduction {#sec1-1}
============
Spindle cell/pleomorphic lipoma is a relatively rare adipocytic neoplasm, which occurs predominantly in male patients aged 50-70 years.\[[@ref1]\] In most cases, it is detected in the subcutaneous tissues of the neck or shoulder. To the best of our knowledge, only five cases have been reported in which the lesion was intramuscular, the last one being a rare occurrence of spindle cell lipoma within an intramuscular lipoma.\[[@ref2][@ref3]\]
Case Report {#sec1-2}
===========
A 60-year-old lady presented with a large, slowly-growing mass over the posterior aspect of the neck and back. It was indolent and long-standing to start with, presenting with a spurt of growth in the recent past.
Fine-needle aspiration cytology (FNAC) was performed. The aspirate showed a cellular picture of spindle cells, pleomorphic multinucleated giant cells, and many bizarre cells. There was no necrosis or mitosis appreciated in the smears but the bizarre cells were alarming and the intramuscular location suggested a possible sinister pathology \[[Figure 1](#F1){ref-type="fig"}\]. A cautious diagnosis of a "mesenchymal tumor, rich in multinucleated giant cells of uncertain malignant potential" was offered and a wide excision was advised.
{#F1}
Gross {#sec2-1}
-----
A gross examination of the excised specimen showed a well-circumscribed intramuscular mass measuring 8 cm × 5 cm × 4 cm. The cut surface showed recognizable yellowish adipocytic areas admixed with streaks of gray white glistening areas. There were no areas of hemorrhage or necrosis. No infiltrating tongues of tissue or features to suggest invasion were identified. Muscle was seen all around the lesion and the resection margins were clear.
Microscopy {#sec2-2}
----------
The classical morphology of a pleomorphic lipoma was seen consisting of adipocytic cells admixed haphazardly with dispersed spindle cells and scattered pleomorphic cells \[[Figure 2](#F2){ref-type="fig"}\]. Floret giant cells were present. There was no mitosis or necrosis. No lipoblasts or plexiform capillary network was appreciated.
Immunohistochemistry with CD34 highlighted the spindly cells, further substantiating the diagnosis.
{#F2}
Discussion {#sec1-3}
==========
Pleomorphic lipoma is a relatively uncommon benign adipocytic tumor that shows a variable lipomatous component, spindle-shaped cell component, and floret-like giant cells with nuclear pleomorphism, and was first described by Shmookler and Enzinger in 1981.\[[@ref4]\] It is reported to be four times more common in males, in the age group of 50-70 years.\[[@ref1]\] Only 10% of tumors occur in females. Our patient was an elderly lady.
The most typical location is the subcutaneous tissue in the head and neck region. However, few unusual sites have been reported such as the tonsillar fossa, orbit, and tongue\[[@ref1]\] and very few in the intramuscular compartment.\[[@ref2][@ref3]\] In our case, the site was the shoulder, which is typical; however, the intramuscular location was unusual. Most published cases have been described in the superficial compartment of the dermis. Typically, the lesion appears as a circumscribed, subcutaneous mass, which looks like the ubiquitous lipoma. However, microscopically, instead of the mature adipose tissue cells of the usual lipoma, it is characterized by an intimate admixture of variable-sized fat cells, spindle cells and bizarre, pleomorphic, multinucleated giant cells. Many of the giant cells show a distinctive floret-like arrangement of the nuclei and are associated with interlacing bundles of dense ropy collagen.\[[@ref4]\] In our case, the cells were more bizarre than usual with intranuclear inclusions, SR-like cells, and pleomorphic multinucleation.
While histology is well-documented in the literature, very few articles outline the cytological features of a pleomorphic lipoma.\[[@ref5][@ref6][@ref7][@ref8]\] The cytology shows a population of floret cells and pleomorphic cells admixed with adipocytes and spindle cells.\[[@ref8]\] The floret cells show multiple enlarged hyperchromatic nuclei arranged in a circle or semicircle in the cytoplasm. No atypical lipoblasts or arcuate capillary network is present. The diagnosis must be given with caution and with clinicoradiologic correlation because pleomorphic lipomas can mimic other benign and malignant soft tissue tumors such as giant cell fibroblastoma, myxoid liposarcomas, fibrosarcomas, or even anaplastic carcinomas.\[[@ref6][@ref7][@ref8]\] Giant cell fibroblastoma is a juvenile form of dermatofibrosarcoma protuberans, which is also CD34-positive and can have a similar giant cell-rich picture on cytology.\[[@ref9]\] However, it predominantly affects infants and children while pleomorphic lipoma mainly occurs in elderly men.
Myxoid liposarcoma involves the deep soft tissue of the extremities with a peak age incidence in the 4^th^ or 5^th^ decade. Cytologically, these tumors have myxoid background matrix with many univacuolated lipoblasts or multivacuolated lipoblasts and a characteristic rich plexiform vascular meshwork.
Myxoid fibrosarcoma is more common than pleomorphic lipoma in elderly males but the majority of these tumors occur in the extremities, and rarely on the trunk or head and neck area. Histologically, myxoid fibrosarcoma usually consists of spindle-shaped cells and multinucleate giant cells, and is characterized by prominent elongated, curvilinear, thin-walled blood vessels. Although the spectrum of myxoid fibrosarcoma is also variable, it tends to have more cellular atypia and mitotic activity. Moreover, myxoid fibrosarcoma usually lacks strong CD34 expression.\[[@ref1]\]
The rarity of intramuscular pleomorphic lipomas and the atypical cellular features of the aspirate can cause difficulty in diagnosing this entity.\[[@ref5]\] Even in our case, a malignant tumor was suspected because of the tumor location and the cytological picture. However, the classical histology of the excision specimen was reassuring. The differential diagnoses of a bizarre-looking but benign pleomorphic lipoma must always be kept in mind when evaluating the cytology of soft tissue tumors located at this anatomic site in the adult age group.
Conclusion {#sec1-4}
==========
Cytology serves as a guide to the reporting pathologist, in that it cautions us to rule out potentially malignant tumors because there is a growing awareness of the existence of a benign giant cell-rich tumor at this particular anatomic site. Pleomorphic lipomas are "clinicopathologic" entities, which necessitate attention to details such as the age and sex of the patient, the anatomic plane of the tumor, and this particular giant cell-rich morphology.
Financial support and sponsorship {#sec2-3}
---------------------------------
Nil.
Conflicts of interest {#sec2-4}
---------------------
There are no conflicts of interest.
|
Q:
Is there an AccuRev command to list all the streams?
I want to get a list of all the streams, including snapshots. I can't find anything in the CLI reference.
A:
This command lists all the streams (be sure not to cross them):
accurev show streams
Helpful tip: You can start the GUI in debug mode and you can see what commands it runs underneath.
## (Tested on OS X.)
cd /Applications/AccuRev/bin/
java -Daccurev.debug.acapi -Daccurev.debug.env -classpath "oro.jar:xercesImpl.jar:xml-apis.jar:fw.jar" fw.MainApp
|
Apr 25, 2016 . Because a playground doesn't have to cost a million bucks and come in a box. . team', and Michael Follett of OPAL, devoted to Outdoor Play And Learning. .. 6000 recycled cardboard tubes by Spanish design studio Nituniyo for the .. or not your playground needs a fence, or can be properly supervised,.
In the late 1950s, good fences made good neighbors — until someone tried to regulate . 1951), the court held that a six-foot wood fence around a playground erected ... Fences and walls are means of achieving privacy in outdoor spaces around . houses with walled-in courts and patios comes from the Spanish influence,.
Jul 16, 2016 . Play. Mute. Current Time 0:00. /. Duration 0:00. Loaded: 0% . It matters little what they are called - walls, barriers or fences - the intention is . the West Bank wall, the Spanish fence around Ceuta, and the walls inside the city of . Most of these walls separate EU nations from countries outside the European.
See how we compare to other "invisible" fences. . Outdoor Hidden Fences . With a Hidden Fence, your pets can run, play and exercise so they stay happy . Milton, Mobile, Orange Beach, Pascagoula, Pensacola and Spanish Fort, AL and. |
Reliability of the Ego-Grasping Scale.
Research using Knoblauch and Falconer's Ego-Grasping Scale is reviewed. Using a sample of 695 undergraduate students, the scale had moderate reliability (Cronbach alpha, odd-even numbered items, and test-retest), but a principal-components analysis with a varimax rotation identified five components, indicating heterogeneity in the content of the items. Lower Ego-Grasping scores appear to be associated with better psychological health. The scale has been translated and used with Korean, Kuwaiti, and Turkish students, indicating that the scale can be useful in cross-cultural studies. |
Tissue typing for kidney transplantation for the general nephrologist.
Tissue typing is the process by which an individual's human leukocyte antigens (HLA) are determined. In transplantation, this vital process allows the immunologic or rejection risk of a donor-recipient pairing to be assessed through reviewing their HLA matching and whether any anti-HLA antibodies present in recipient serum are donor specific. Tissue typing has increased in sophistication over time which has allowed a deeper appreciation of the antigenically important parts of HLA and increased the complexity of determining immunologic risk. |
Text entry is the first step of most uses of computers and there will always be a need to enter text faster.
While many users of computers are familiar with keyboard operations, this cannot be assumed of the expanding new classes of users and this has created interest in alternative techniques for text entry, such as voice processing and handwriting recognition. But the problem of speed remains unresolved by these alternative techniques. Handwriting is slower than typing. A skilled typist can be expected to enter around 40 to 70 words per minute, but no voice recognition technique appears close to reaching it while this typing speed remains below the more than 100 words per minute of normal speech. Finally, the speed of speech is itself below the speed of reading--well beyond 200 words per minute--and we are known to recognize certain elements of text at far higher speeds, measured in thousands of words per minute.
So the limitations of the speed of text entry contribute to the frustration of users of computers when there may be more than a factor of ten between the time it takes to form an idea and keying it into a computer. Many high-level users therefore consider the use of computers as too slow and, in particular, as slowing down the thought process.
Several techniques have been tried in the past to accelerate text entry. These present techniques fall into the so-called categories of word-completion and macros.
Word-completion
Word-completion allows the user to type the initial letters of a word and let the computer system do the completion. A good example of word-completion was offered by the Spell key of the formula editor of a commercial spreadsheet called Javelin, released in 1984. When a Javelin user types a few letters and presses the Spell key, Javelin either completes the name or gives a list of possible names that match what was typed so far: If there is only one name that matches, completion is done automatically and the name is inserted; if two or more names match what was typed so far, Javelin displays a menu of possible choices. Selection of one of the menu choices is then done using cursors or a mouse, or by adding letters and pressing Spell again.
Similar word-completion techniques have been offered in many other commercial software products, such as word-processors and spelling checkers, for at least the past ten years. An early example was the spelling checker included with Microsoft Word, a word processor released around 1983.
The major drawback of word completion techniques comes from the fact that the root of a word (its first letters) is usually not a very good way to discriminate among several alternative words. For example, there are several hundred words starting with the root "con", and therefore any meaningful choice will require at least a fourth letter. Even with a fourth letter, there are more than a hundred words that start with "cont" or with "cons" and more than fifty that start with "const". So in practice, the root has to be sufficiently long to reduce the number of possible choices to ten or less, a number small enough to allow easy selection. Consequently, word completion fails to achieve a significant reduction in the number of keystrokes.
Several techniques have been proposed to overcome these limitations. For example, U.S. Pat. No. 4760528 offers a system of abbreviation based on the uses of abbreviated prefixes and suffixes. Similarly, U.S. Pat. No. 4893238 offers an abbreviation technique based on syllables. Neither these, nor other similar techniques based on strict abbreviation rules, have been very successful in practice. Both patents claim to achieve a reduction in the number of keystrokes entered that is in the range of 1.3 to 1.4. But most potential users consider this reduction to be insufficient to justify learning a set of strict abbreviation rule.
To achieve a higher reduction payoff requires other techniques and, in particular, it requires using abbreviations for phrases, not just for words, a domain addressed mostly with macros in the past.
Macros
Macros are an even older concept, first published in 1958 by Christopher Stratchey. With macros, a user can define abbreviations for certain (usually long) phrases or words, type the abbreviation and request its expansion with a special key. For example, the abbreviation "dj" may be defined for "Dow Jones Industrial Average" and then typing the two letters "dj" followed by the special key has the effect of expanding the abbreviation, that is, of replacing it by the corresponding text.
Commercial products offering this kind of macro capability appeared very early on microcomputers. Prokey, released in 1983, is an early example of such products. Similar macro capabilities were also incorporated in early versions of word-processors such as Microsoft Word (1983) and XyWrite. The names used for these facilities vary widely with the products and so do the special keys used for requesting expansion. Prokey allowed the user to select which key to use for expansion. A number of recent products use a single space as the key for expansion. For example, this is done in the Windows version of Microsoft Word (1994), with the so-called Autocorrect feature: having defined the abbreviation "asap", it may be expanded into "as soon as possible" when a space is typed after the final letter of "asap". A similar facility is offered in XyWrite and in WordPerfect version 6.1.
The above examples would suggest that macros have the potential to provide reduction factors higher than the 2 or 3 that is the minimum required to reach the speed of slow or moderate speech. But in practice the use of macros is severely limited by the difficulty of learning, remembering, and applying systematically such macros. So the facility tends to be used for a few favorite phrases--usually less than a hundred--, which means that its overall effect on input speed is only marginal. Both word-completion and macros fall short of offering a viable solution for fast text entry. |
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The express journey of Warren Mundine from shining new hope of indigenous etc etc to vague embarrassment continued apace this week, with his recent speech in Queensland arguing for — well, for a whole pile of stuff that contradicts a lot of what he’s been going on about for years, and would be disastrous to boot.
Mundine would like the defining of Aboriginal identity as a special characteristic to become even more complex and entailed than it already is, to create an overarching native title eligibility that appears to me to be legally incoherent.
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Best of all, he wants to abandon the drive for a single treaty between indigenous and non-indigenous Australians, and have one with each of the hundreds of Aboriginal nations that existed pre-1788, of which more in a sec.
Indeed, Mundine wants to dissolve collective Aboriginal identity altogether and have Aboriginal people claim their second citizenship as that of a specific nation. He wants that process to be “transparent”, based on being able to trace your ancestry to that nation.
At which point, I can’t even.
OK, let’s start with the basics. A people is not constituted as a people by its mythopoetic origins, retrojected into the past, but by its relation to other peoples, of reciprocity, power, oppression or what have you.
The treaty Mundine wants would be a treaty arising from the “event” of January 26, 1788. On that day, Great Britain brought the Aboriginal people into being, as a unified notion, by invading them. The British didn’t invade the Eora nation, and then get a little inland and say “oh, we’ve hit the Dharag, shall we stop here or invade them too?” They occupied, and the expansion of their occupation was solely dependent on their own priorities.
So those are the people any treaty would be between — between the invaders and the invaded. It doesn’t make sense as a treaty in any other conception. There may well be an argument for separate treaties between non-indigenous Australians and Aborigines, and non-indigenous and Torres Strait Islanders owing to their clear, separate material history, but that’s about it.
To say that invasion constitutes a people in their collectivity shouldn’t be taken as a slur or a diminishment, obviously. Collectivity born in struggle is a step towards self-determination. What Mundine is proposing is to decompose it back to the social form of smaller geographical groups defined against each other, rather than being defined against whites.
Secondly, let’s look at these “nations” that Mundine wants to trace back to. Are they real? Are they a fiction? They are both. The term “nation” was adopted in recent decades to get away from inaccurate talk of “tribes”, and to recognise that, over geographic and language areas, tribes and smaller groups saw themselves as part of a larger whole.
“Mundine clearly means well, has a long history of struggle, but his ideas come like bubbles, tested with no one, and are in a speech the next day.”
But the term is also misleading. Firstly, it was adopted from the Native American usage. But Native Americans were a semi-agricultural people with vestigial class structures, aristocratic hierarchies, and super-chiefs who were not unlike kings. Power extended across wide areas, which is why they were able to mount a more explicit resistance to white settlers, something they could know as a war. Even so, the nationness of a lot of these nations only fully emerged as a product of the struggle with whites.
In Aboriginal Australia, hunter-gatherer/kinship societies, no such hierarchies emerged — or could, given the absence of agriculture. Aboriginal groups were knit together by the most head-spinningly complex system of kinship relations, totem animals, taboos, obligations, gift-giving circles and rules of marriage (one of the most damaging things of the destructive ignorance of people like Gary Johns is their simple disdain for this history. They construct Aboriginality as simple absence, waiting for whites).
So what were these larger ensembles? Well, there is no word for them, because they were no one thing. They could break apart and recombine, internally divide, and suffer, it would seem, sudden derecognition. They interleaved territorially sometimes and became tightly bounded in others. Nation has been used as a catch-all term, in part to remove the primitivist associations of “tribe”. But some of those who have pushed its use, from the Left, are guilty of a current confection for simplistic political purposes.
Thus what Mundine is proposing is a series of treaties between a real and powerful entity, the Australian state, and a series of historically retrojected ones whose current form — by people who claim allegiance to them — is very different to the sort of thing they once described. The one powerful “other” that indigenous people have in relation to the settler state — their collective being — would be taken out of the equation. Sheer genius.
Oh, and there’s also the transparent establishment of identity. Jaysus. Getting the voting rolls for the Aboriginal and Torres Strait Islander Commission established was hard enough; this would be … well, never-ending and never settled. Mundine’s argument is really sinister here — he wants to remove the notion of communal association as defining indigenous identity and substitute some sort of bloodline, like an aristocratic descent. There’s a lot of old junk bound up in this: a rebiologisation of race, a touch of noble savagery, a political attempt to exclude urban mixed-heritage Aboriginal people — and a dangerous tilt towards pedigree, to rendering race as a category of physicality, rather than as a historical and material identity.
But it gets weirder, because Mundine would like to abolish the continuous connection provision in native title. So you have to have a pedigree to have nationhood identity, but no continuous connection with the land. The continuous connection provision is too restrictive in many ways, but unless I’m mistaken, Mundine’s arrangement would result in people with uncheckable claims to pedigree in an oral culture being able to make claims on territory remote from them, whose “nation” provenance has been established through scholarship that often involves a bit of guesswork. Is that the transparency Mundine is after? That Aboriginal people would want to continue and strengthen the particularity of such nations is necessary and good. But Mundine’s approach would deaden, bureaucratise and hierarchise the process.
Good god, what a mess. What an utter confused farrago — from a government adviser who was hired for his alleged no-nonsense approach to material conditions, jobs, health, the Protestant ethic, etc, etc. This is another screw-up by the Abbott government it would seem because … Mundine clearly means well, has a long history of struggle, but his ideas come like bubbles, tested with no one, and are in a speech the next day.
Most likely, this will be another opportunity for Tony Abbott to say, “No. we won’t be doing that”. How long before Mundine is quietly asked to announce that he is resigning to “pursue other opportunities”?
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Kyle Webb
Norman Hanscombe
One has to concede the whole indigenous issue has long been a farrago, but it seems that it’s only when the dreamers encounter someone saying something which doesn’t help their various noble causes that it’s noticed.
Kyle Webb
Hi 20/20, that’s a great point. There’s a problem with that, in that certain individuals who have a set of ideological leanings (although, not an inherently bad thing) are given more platform and voice over Indigenous policy. This has effectively created a bit of a stranglehold on dialogue between Indigenous and non-Indigenous people, and limited the debate in a way the preferences aforementioned ideological viewpoints. |
Mohammed Noor
Mohammed Bin Mohammed Noor Adam Hawsawi ({{lang-ar|محمد نور}; born 26 February 1978), commonly known as Mohammed Noor (), also known by his short name Noor, is a retired footballer from Saudi Arabia who played as an attacking midfielder. He played almost all of his career for Saudi Professional League side Al Ittihad. In 2013, he was forced out of Al-Ittihad to a series of financial epidemics there, and as for that, he moved to Al-Nassr club for one football season. Still, Noor is considered to be one of the best players to ever play in Asia, mostly due to his excellent distribution, ball control, and dribbling skills.
International career
His first appearance with the national football team was in the 1999 FIFA Confederations Cup in the semi - finals against Brazil. Noor played for Saudi Arabia in the 2002 World Cup, without any real success. He fared better in the 2005 FIFA Club World Championship in Japan for Al-Ittihad. While playing for the Saudi national team on 14 June 2006, Noor managed to deliver a powerful performance while also having come down with a bad case of influenza. During the second half of the Saudi Arabian game against Tunisia (their opening match of the 2006 FIFA World Cup), he provided Al-Qahtani with the winning assist which secured Saudi Arabia's first goal of the match, bringing the score from a 1–0 lead for Tunisia to a 1–1 tie.
International goals
Honours
Club
Al-Ittihad
AFC Champions League (2): 2004, 2005; Runner-up 2009
Asian Cup Winners Cup (1): 1999
Saudi Premier League (7): 1997, 1999, 2000, 2001, 2003, 2007, 2010
Saudi Crown Prince Cup (3): 1997, 2001, 2004
Saudi Federation cup (2): 1997, 1999
Arab Champions League (1): 2005
Gulf Club Champions Cup (1): 1999
Saudi-Egyptian Super Cup (2): 2001, 2003
King Cup of Champions (1): 2010
Al-Nassr
Saudi Crown Prince Cup (1): 2014
Saudi Premier League (1): 2014
International
Saudi Arabia
1999 FIFA Confederations Cup: 4th Place
AFC Asian Cup: Runner-up 2000
2002 FIFA World Cup: Group Stage
Arab Nations Cup (1): 2002
Gulf Cup of Nations (1): 2003
2006 FIFA World Cup: Group Stage
Individual
Arabian Footballer of the Year: 2003
Arab Nations Cup 2002 - Most Valuable player
Best Player In Saudi Premier League: 2009
Arab Player of the Decade (MBC group poll): 2000–2010
Asian Player of the Year Nominee: 2009
Best player in Saudi Arabia: 2010
MVP in the Asian Champions League: 2009
Saudi portadol (2018-2019)
References
External links
Category:1978 births
Category:Living people
Category:Saudi Arabian footballers
Category:Saudi Arabia international footballers
Category:1999 FIFA Confederations Cup players
Category:2002 FIFA World Cup players
Category:2006 FIFA World Cup players
Category:2000 AFC Asian Cup players
Category:Ittihad FC players
Category:People from Mecca
Category:Al-Nassr FC players
Category:Association football midfielders
Category:Saudi Professional League players
Category:Saudi Arabian sportspeople in doping cases
Category:Doping cases in association football |
Rape charge Cong seeks immediate sacking of Union Minister Gohain
PTI
August 10, 2018 22:52 IST
New Delhi, Aug 10 (PTI) The Congress today demanded the immediate sacking of Union Minister Rajen Gohain after a rape case was registered against him in Assam. The Assam Police have registered a case against Minister of State for Railways Rajen Gohain for allegedly raping and threatening a 24-year old married woman in Nagaon district, a senior police officer said. Gohain has also filed complaints of blackmailing against the woman and her family, his officer on special duty Sanjiv Goswami said when contacted. He claimed that the case against the minister has been withdrawn. Congress leader Pawan Khera asked Prime Minister Narendra Modi to immediately sack Gohain from the union council of ministers. "We demand from this government, from Prime Minister Modi and BJP chief Amit Shah to take immediate and strict action against rape accused Minister Rajen Gohain, the Minister of State for Railways," the Congress spokesperson said. Khera also reminded the prime minister of the promise he had made before 2014 parliamentary elections about his commitment towards ensuring women safety in the country. "Remove him from office. You cannot allow him to be in a position of power and influence the investigation. Please remove him if you meant anything that you promised before 2014," he told reporters. He also questioned the prime minister's "silence" on Unnao and Kathua rapes and in the alleged rapes in shelter homes in Bihar's Muzaffarpur and UP's Deoria. "In the recent past, we saw you were standing with rapists of Kathua, with rapists of Unnao, and very recently, we saw you (Modi) absolutely quiet on Muzaffarpur rapes. Your own government is there in alliance with Nitish Kumar Ji. "Last week, we saw horrifying reports from Deoria, from Pratapgarh, but again you (Modi) remained quiet. Now, the people have lost faith in all those promises, in all those slogans that you used to promise before coming to power in 2014," he said. Khera accused the prime minister of "failing" the women of the country and questioned his silence on the rape charge against the union minister. "Again there is a rape FIR against the Cabinet colleague of yours - MoS for Railways Rajen Gohain. If you do not act now, you will loose the moral authority to stay in office even for a day. Please take action," he said. PTI SKC SKC RCJRCJ |
756 N.W.2d 320 (2008)
2008 ND 178
Jody DRAYTON, Claimant and Appellee
v.
WORKFORCE SAFETY AND INSURANCE, Appellant and
WW Wallwork, Inc., Respondent.
No. 20070281.
Supreme Court of North Dakota.
September 25, 2008.
*322 David A. Garaas, Garaas Law Firm, Fargo, N.D., for claimant and appellee.
Jacqueline Sue Anderson, Special Assistant Attorney General, Fargo, N.D., for appellant.
SANDSTROM, Justice.
[¶ 1] Workforce Safety and Insurance ("WSI") appeals from a district court judgment reversing a WSI order reinstating Jody Drayton's disability benefits to the date of their termination and awarding her attorney's fees. We conclude that WSI appropriately exercised its continuing jurisdiction to assess Drayton's vocational rehabilitation; that Drayton was properly found in noncompliance with vocational rehabilitation; and that a reasoning mind could reasonably find Drayton intentionally manipulated the results of a functional capacity assessment and engaged in "a first instance of noncompliance" with vocational rehabilitation without good cause. We also conclude the district court erred in awarding Drayton attorney's fees under N.D.C.C. § 28-32-50. We therefore reverse the district court judgment and reinstate WSI's order discontinuing Drayton's temporary disability benefits.
I
[¶ 2] In August 1993, Drayton was injured in a motor vehicle accident while employed by W.W. Wallwork, Inc. Drayton filed a claim for workers compensation benefits, which was accepted. Drayton was subsequently unable to continue in her employment. In August 1997, Drayton was offered a modified job at Wallwork as a delivery coordinator based upon 1997 work restrictions from her chiropractor. Drayton refused this position. In November 1997, WSI suspended her partial disability benefits after she failed to return to work and did not accept a modified position. In November 1997, Drayton obtained employment with Jim Drayton Insurance, her husband's insurance agency, and WSI then began paying her temporary partial disability benefits based upon her earning capacity at that time.
[¶ 3] In December 2005, WSI began an internal review of her claim, gathering information on her current diagnosis and work release status. In January 2006, WSI received a letter from her chiropractor, Dr. Vincent Rokke, providing her present diagnosis included continuing neck and back pain, and specifically stating "cervical, thoracic and lumbar segmental dysfunctions resulting in myofascial pain in each region, left cervicobrachial syndrome and intermittent sciatica." Dr. Rokke said her treatment was unlikely to change from a palliative nature, or just easing her pain symptoms, requiring periodic chiropractic adjustments for pain management. Dr. Rokke stated that he did not believe a work-conditioning program would be effective in increasing Drayton's workday tolerance.
[¶ 4] In April 2006, WSI told Drayton to attend a functional capacity assessment ("FCA") at MeritCare Occupational Health. In May 2006, occupational therapist Bryce Nelson conducted an FCA and concluded in part that the result was invalid as a manipulated effort. On June 23, 2006, WSI issued an order suspending disability benefits and establishing a "first instance of noncompliance" with vocational rehabilitation, under N.D.C.C. § 65-05.1-04, permitting WSI to discontinue benefits if noncompliance continues. Drayton requested a hearing from that order. In July 2006, another FCA was scheduled at *323 MeritCare Occupational Health. Occupational therapist Dianne Nechiporenko conducted this FCA, concluding that the FCA was invalid on portions that Drayton had completed and that Drayton did not complete all of the FCA's portions.
[¶ 5] An evidentiary hearing was held in February 2007. After the hearing, the administrative law judge ("ALJ") recommended affirming WSI's June 2006 order suspending Drayton's disability benefits, which had found Drayton had engaged in a first instance of noncompliance without good cause:
11. ... On April 14, 2006, Dr. Rokke approved of Ms. Drayton's participation in the FCA.
12. WSI directed Ms. Drayton to attend an FCA at MeritCare in Fargo on May 12, 2006. The FCA was conducted by Bryce Nelson. Mr. Nelson determined Ms. Drayton had a spinal injury based upon his review of her medical records and because he asked her and she reported her injury involved her low back, neck, tailbone, and left arm as well as a closed head injury. He concluded the FCA Ms. Drayton participated in on May 12, 2006, was invalid and represented a manipulated effort based upon the protocols for determining validity of the test.
13. Mr. Nelson is a licensed occupational therapist with a bachelor of science degree from the University of North Dakota. He has been working at MeritCare for 16 years. He received initial training and has attended annual conferences in administering the Key Functional Assessment protocol (KFA). Mr. Nelson receives referrals to perform the KFA from WSI as well as from attorneys, chiropractors, physicians, and self-referrals for SSDI applications. He has done approximately 2500 FCAs using the KFA protocol. When he receives a referral he looks at the medical records to determine the area of injury, the diagnosis and medications being taken. Medications are considered in part because some medications affect heart rate and the KFA uses increase in heart rate as one of the indicators to determine consistency. He instructs each participant to pay attention to what they are doing and stop before they hurt themselves. He also tells them that he does not want them to overwork or under work themselves. He tells each of the assessment participants to let him know "what is going on," "when it is going on" and "when they need to stop." Testimony of Bryce Nelson.
. . . .
16. The May 12, 2006, FCA results in Ms. Drayton's case revealed many inconsistencies. She demonstrated an ability to stand for only one minute, but was able to walk for several minutes during a break immediately before the standing test. Her grip dynometer measurements were inconsistent with expected measurements, specifically the mid-grip measurement not being the largest. Ms. Drayton's heart rate never increased the expected 20 beats when lifting or 40 beats when climbing stairs. She only performed 2 repetitions of the foot pedal, but was able to walk up and down seven steps, which was more physically demanding. She could only do a half squat when asked to squat, but was able to do a full squat when lifting something from the floor with a container. When asked to walk she could only walk ten feet before she had to stop, yet on her breaks she walked more than a 100 feet. Moreover walking from station to station during the evaluation involved more than ten feet of walking. Mr. Nelson noted that during the squat Ms. Drayton said she might need to quit, so *324 he gave her the first break at which point she walked out the door and walked down the street to a point where he could no longer see her. With regard to pain reports, Mr. Nelson noted that she was able to spontaneously rotate her neck and flip her hair back. She reported pain when lifting 30 inches to 18 inches, but did not report pain lifting above her shoulders, a task that requires greater effort. Mr. Nelson also noted inconsistency when comparing how she moved as though limited during the test but walked freely during the breaks. He observed her sitting for 21 minutes while answering questions during the assessment. (Footnotes omitted.)
17. Bryce Nelson approved Ms. Drayton for receptionist and information clerk, customer service representative, and telemarketers positions if her sitting tolerances and workday tolerances were followed. The basis for Mr. Nelson's approval of these positions was the May 12, 2006, FCA results. Mr. Nelson felt she could do these jobs based upon the May 12, 2006, FCA even though it did not represent a true measure of her capabilities, because she demonstrated the ability to sit for 20 minutes, and she demonstrated that she could stand, walk, and sit during the three hours it took for the FCA. Mr. Nelson did not approve office clerk because this was in the light level of work. Mr. Nelson did not believe that Ms. Drayton could do an office clerk's job based upon the FCA because it requires her to lift more than she demonstrated. He acknowledged that Dr. Rokke says she could lift 30 pounds, but disputes the validity of this claim because it was not based upon any testing.
. . . .
19. On May 12, 2006, after the FCA, Ms. Drayton went to Dr. Rokke because she was having pain in her low back, mid-back and lower cervical spine. Dr. Rokke's notes reflect that she told him she had been having increasing symptoms since May 7, 2006, but that she attended an FCA that day and "pushed herself slightly." Pg. 519. Ms. Drayton reported to WSI that she could not drive home for a couple of hours after the FCA, but that May 12, 2006, was otherwise not different from any other day.
20. On May 23, 2006, WSI issued an order terminating Ms. Drayton's benefits for failure to comply with vocational rehabilitation without good cause. When Ms. Drayton requested a reconsideration, she stated she had been having pain before the FCA and she was not feeling well on the day of the FCA. She asked to repeat the FCA but requested a different evaluator.
21. Dianne Nechiporenko performed the second FCA on July 18, 2006, because she is the back up and a different therapist was requested. Additionally, Ms. Nechiporenko performed the FCA because when there is an invalid result, MeritCare has a policy to have the second assessment performed by another therapist who can bring a fresh view to the assessment. Ms. Nechiporenko instructed Ms. Drayton to tell her what was going on, when it was going on, when she thought she needed to stop and why she needed to stop.
22. Ms. Nechiporenko is an occupational therapist. She has been practicing in this field for 25 years. She has a certification in the Key Functional Assessment process and has completed between 50 and 100 KFAs. Currently she is a supervisor working mostly with hand therapy. She performs therapy only 5% of the time.
*325 23. The July 18, 2006, FCA was not completed because Ms. Drayton terminated early. During the second FCA, Ms. Drayton took her first break after only 10 minutes, her second after 30 minutes and she terminated after that break. She completed only 13 of the test components. While Ms. Drayton did not complete enough of the FCA to determine an appropriate job, she did complete enough to determine that her efforts were inconsistent and that the FCA result was an invalid FCA. Ms. Drayton's test on the grip dynometer was the only valid test, but she only performed that one time because she terminated the test early. Ms. Drayton also demonstrated the ability to sit for 30 minutes. The other results of the second FCA were, like the results of the first, inconsistent. Ms. Drayton's heart rate did not become sufficiently elevated, her weights lifted did not follow the expected pattern, and the difference between the weights on the resistance dynometer were too great. Ms. Drayton's reports of pain were also inconsistent. She reported needing to lay down, but continued to walk around when given a break. Her "pain complaints were all over the map." Testimony of Ms. Nechiporenko. Ms. Nechiporenko acknowledged that the term "manipulated effort" was a term used by Key to define an invalid test result, but that there was no way to tell if the manipulation was conscious. (Footnotes omitted.)
24. Because the July 18, 2006, FCA results could not be used to establish work guidelines, Ms. Nechiporenko, disapproved all of the four positions identified... for Ms. Drayton.
The ALJ also recommended, in part, the following conclusions of law:
7. The Key Functional Assessment system makes a record of circumstantial evidence that can be considered in determining if an individual's actions were intentional or not. The KFA system uses inconsistencies to determine invalidity of test results. It also uses objective measurements of heartbeat and weights to determine if an individual is making an effort and performing the test to the best of their ability. In this case, Ms. Drayton's conduct at the May 18[sic], 2006, FCA was inconsistent when she was asked to walk for the test she refused due to pain, but her pain did not stop her from walking around the building during her break just prior to this request. Her heart rates were not near the expected rate that would show either that she was putting forth an effort or was having increased pain. Her behavior at the second FCA was not any more cooperative. She did not deny or even explain any of the findings of the FCA or any of the activities attributed to her when she testified other than to say she was having pain. But that assertion is not borne out by anything objective. Despite her claims of increased pain her pulse remained low, and her actions and pain complaints were not consistent. Both Ms. Drayton's FCA results were determined to be invalid based upon objective measurements. Neither Mr. Nelson nor Ms. Nechiporenko would determine that the manipulation was intentional. But that determination is not, as contended by Ms. Drayton, a medical determination that requires a doctor's opinion. Whether Ms. Drayton intentionally manipulated her test results must be determined by looking at the circumstances and her conduct. [Dean v. North Dakota Workers Comp. Bur., 1997 ND 165, ¶ 20, 567 N.W.2d 626.] Considering all of the evidence in the record and especially the many inconsistencies and obvious failures to perform (e.g. refusing to *326 walk more than 10 feet when she had just walked more than 100 is a particularly troubling result) at either of the FCA's that is it is not difficult to conclude that the greater weight of the evidence in this case shows that Ms. Drayton willfully failed to participate to her fullest capacity in the FCAs.
8. With regard to whether there is sufficient evidence to support WSI's June 23, 2006, order, I conclude that considering all of the evidence in the record, the greater weight of the evidence shows that Ms. Drayton did not comply with the order to participate in the May 18[sic], 2006, FCA because she did not give a maximum consistent effort.
9. Ms. Drayton has also not demonstrated that she had good cause to fail the FCA. In part, this is a reflection of her argument that WSI is only in the "investigative" stages of the vocational rehabilitation process and therefore cannot impose the first instance of noncompliance penalty and her position that she did not fail to cooperate. But even if she had argued that she had good cause, I find that, when compared to her behaviors during the testing and on her breaks, the inconsistencies in her test results, do not support her claims that it was her pain that caused her to have inconsistent assessment results. (Footnote omitted.)
[¶ 6] WSI adopted the ALJ's recommended decision, concluding WSI had jurisdiction to issue its June 2006 order, the 2005 version of the relevant statutes applied, the greater weight of the evidence showed Drayton willfully failed to participate to her fullest in the FCAs, and Drayton did not demonstrate "good cause" for her failure to apply maximum consistent effort in the FCAs.
[¶ 7] Drayton appealed WSI's final order to the district court. The district court reversed WSI's final order. The court held that WSI's continuing jurisdiction is limited, administrative res judicata precluded WSI from changing Drayton's benefits, WSI's actions violated due process, and WSI failed to properly analyze and explain the evidence. The court also awarded Drayton attorney's fees under N.D.C.C. § 28-32-50. WSI appealed to this Court.
[¶ 8] Drayton's appeal to the district court was timely, and the district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. §§ 27-05-06, 65-10-01, and 28-32-42. WSI's appeal was timely under N.D.R.App.P. 4(a) and N.D.C.C. § 28-32-49. This Court has jurisdiction under N.D. Const. art. VI, §§ 2 and 6, and N.D.C.C. § 28-32-49.
II
[¶ 9] Under the Administrative Agencies Practice Act, N.D.C.C. ch. 28-32, courts exercise only a limited review in appeals from administrative agency decisions. Tverberg v. Workforce Safety and Ins., 2006 ND 229, ¶ 7, 723 N.W.2d 676. Under N.D.C.C. §§ 28-32-46 and 28-32-49, the district court, and this Court on further appeal, must affirm an administrative agency decision unless:
1. The order is not in accordance with the law.
2. The order is in violation of the constitutional rights of the appellant.
3. The provisions of this chapter have not been complied with in the proceedings before the agency.
4. The rules or procedure of the agency have not afforded the appellant a fair hearing.
5. The findings of fact made by the agency are not supported by a preponderance of the evidence.
*327 6. The conclusions of law and order of the agency are not supported by its findings of fact.
7. The findings of fact made by the agency do not sufficiently address the evidence presented to the agency by the appellant.
8. The conclusions of law and order of the agency do not sufficiently explain the agency's rationale for not adopting any contrary recommendations by a hearing officer or an administrative law judge.
[¶ 10] "WSI is responsible for weighing the credibility of witnesses and resolving conflicts in the evidence, and we do not `make independent findings of fact or substitute our judgment for that of the agency.'" Tverberg, 2006 ND 229, ¶ 8, 723 N.W.2d 676 (citation omitted). This Court determines only "whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence from the entire record." Power Fuels, Inc. v. Elkin, 283 N.W.2d 214, 220 (N.D.1979). However, "[t]he interpretation of a statute is a question of law." Reopelle v. Workforce Safety and Ins., 2008 ND 98, ¶ 9, 748 N.W.2d 722. Questions of law are fully reviewable on appeal from an administrative decision. Id.
[¶ 11] To determine a statute's meaning, we look to the statute's language, giving the statute's words their plain, ordinary, and commonly understood meaning. N.D.C.C. § 1-02-02. Statutes are construed as a whole and, if possible, are harmonized to give meaning to each word and phrase. N.D.C.C. § 1-02-07. If the statute's language is clear and unambiguous, "the letter of [the statute] is not to be disregarded under the pretext of pursuing its spirit." N.D.C.C. § 1-02-05.
III
[¶ 12] WSI initially contends it properly exercised its continuing jurisdiction to review and investigate Drayton's current work status and utilize vocational rehabilitation services. Drayton argues that WSI did not properly initiate vocational rehabilitation services on her claim because WSI did not file a "formal" motion under N.D.C.C. § 65-05-04 and did not provide her notice and an opportunity to respond before proceeding.
[¶ 13] Section 65-05-04, N.D.C.C., provides in part that WSI "at any time, on its own motion or on application, may review the award, and in accordance with the facts found on such review, may end, diminish, or increase the compensation previously awarded...." (Emphasis added). Additionally, N.D.C.C. § 65-05.1-01(8)(a) provides that WSI may initiate vocational rehabilitation services "on its own motion." See also N.D.C.C. § 65-05.1-01(7)(a) (1993).
[¶ 14] We have explained that "WSI has continuing jurisdiction when an original claim has been timely filed, and WSI, on its own motion or on application, may review a previous decision and may end, diminish, or increase compensation previously awarded or, if compensation has been refused or discontinued, may award compensation." Houn v. Workforce Safety & Ins., 2005 ND 115, ¶ 12, 698 N.W.2d 271 (citing N.D.C.C. § 65-05-04). Under N.D.C.C. § 65-05-04, WSI's decision whether or not to reopen a matter falls totally within its discretion. Furthermore, under this statute, "an unappealed WSI decision is res judicata unless WSI reopens the claim, but the res judicata effect extends only to matters adjudicated at the time of that decision and does not extend to future changes in the claimant's medical condition." Houn, at ¶ 12 (citing Lass v. *328 North Dakota Workmen's Comp. Bur., 415 N.W.2d 796, 800-01 (N.D.1987)).
A
[¶ 15] WSI contends no "formal" motion is necessary to assert its continuing jurisdiction or initiate vocational rehabilitation services. Drayton argues, however, that WSI did not invoke its continuing jurisdiction under N.D.C.C. § 65-05-04 by bringing "its own motion" and, further, did not institute rehabilitation services by bringing "its own motion" under N.D.C.C. § 65-05.1-01. Drayton asserts that since a "formal" motion was not brought by WSI, she was not permitted to respond to any purported reopening of her claim or award of vocational rehabilitation. Drayton also asserts that WSI's failure to bring a formal motion means that WSI only conducted an investigation as to whether the claim should be reopened or as to the appropriateness of providing rehabilitation services. In essence, Drayton suggests that while WSI is permitted to investigate her condition under these statutes, WSI did not actually reopen her claim or award rehabilitation benefits under these statutes so as to permit the consequences of noncompliance.
[¶ 16] This Court, however, has not previously interpreted the statutes to require WSI to make a formal motion to itself, with a corresponding opportunity to respond and presumably a hearing, to either investigate or reopen a claim. The phrase "on its own motion" has been interpreted as having identical meaning as the expression "sua sponte." See State v. Ham, 45 Ohio St.2d 112, 341 N.E.2d 594, 596 (1976). "Sua sponte" is defined as "`of one's own accord; voluntarily'" and "[w]ithout prompting or suggestion; on its own motion." Black's Law Dictionary 1464 (8th ed. 2004). In interpreting a court rule's use of the phrase "upon its own motion" as relating to change of venue, the court held a trial court was authorized in its discretion to voluntarily order a change of venue "without consultation with counsel and without conducting a hearing." Ham, 341 N.E.2d at 596; see also United States v. Seltzer, 127 F.Supp.2d 172, 174 (E.D.N.Y.2000) (discussing Ham, supra). Under the plain language of these statutes, the phrase "on its own motion" portends that WSI may act voluntarily, sua sponte, or on its own accord, rather than by formal motion practice. We thus conclude no formal motion is necessary for WSI to act "on its own motion" for vocational rehabilitation services under either N.D.C.C. § 65-05-04 or N.D.C.C. § 65-05.1-01.
[¶ 17] Furthermore, although Drayton suggests due process requires a formal motion, we have previously discussed due process requirements for termination of benefits. See, e.g., Rojas v. Workforce Safety & Ins., 2005 ND 147, ¶ 11, 703 N.W.2d 299; Sjostrand v. North Dakota Workers Comp. Bur., 2002 ND 125, ¶¶ 9-10, 649 N.W.2d 537; Stewart v. North Dakota Workers Comp. Bur., 1999 ND 174, ¶¶ 12-13, 599 N.W.2d 280; Tooley v. Alm, 515 N.W.2d 137, 142 (N.D.1994). In this case, however, Drayton was provided with pre-termination notice and an opportunity to respond, in addition to a full evidentiary hearing. See Beckler v. North Dakota Workers Comp. Bur., 418 N.W.2d 770, 775 (N.D.1988) (holding claimant entitled to pretermination notice that benefits would be terminated, summary of evidence supporting termination, and opportunity to respond, but not requiring pretermination evidentiary hearing). We conclude Drayton was not denied due process when WSI initiated vocational rehabilitation services without a formal motion.
B
[¶ 18] Drayton asserts that her workday limitation and other medical restrictions *329 are subject to administrative res judicata, barring WSI from exercising continuing jurisdiction and terminating her disability benefits for failure to comply with vocational rehabilitation services. In reversing WSI's order, the district court concluded administrative res judicata precluded termination of Drayton's disability benefits for noncompliance with rehabilitation services. Relying on WSI's 1997 order that determined Drayton's eligibility for disability benefits, the district court held "WSI could not require Drayton to undergo rehabilitation services as a condition precedent to receiving further disability benefits." The court held that "WSI must first determine if there is new evidence or a change in Drayton's medical condition before it can exercise continuing jurisdiction under N.D.C.C. § 65-05-04 and change Drayton's benefits." The court's decision, however, misstates our precedent on the application of administrative res judicata to WSI decisions. See Houn, 2005 ND 115, ¶ 12, 698 N.W.2d 271 ("an unappealed WSI decision is res judicata unless WSI reopens the claim, but the res judicata effect extends only to matters adjudicated at the time of that decision and does not extend to future changes in the claimant's medical condition").
[¶ 19] Generally, res judicata prohibits the relitigation of claims that were raised or could have been raised in a prior proceeding between the same parties or their privies and that were resolved by final judgment in a court of competent jurisdiction. See Ungar v. North Dakota State Univ., 2006 ND 185, ¶ 11, 721 N.W.2d 16. "Administrative res judicata is the judicial doctrine of res judicata applied to an administrative proceeding." Cridland v. North Dakota Workers Comp. Bur., 1997 ND 223, ¶ 18, 571 N.W.2d 351. This Court is more circumspect about applying administrative res judicata than judicial res judicata, "taking into account (1) the subject matter decided by the administrative agency, (2) the purpose of the administrative action, and (3) the reasons for the later proceeding." Id. In Cridland, at ¶ 29, in which a formal "trial-type" hearing led to a WSI order deciding the claimant's continued entitlement to medical and disability benefits, we stated:
The plain language of N.D.C.C. § 65-05-04, authorizes the Bureau to review an award "at any time" and "in accordance with the facts found on such review" to "end, diminish, or increase the compensation previously awarded." That language, however, does not preclude application of the doctrine of administrative res judicata to Bureau decisions entered after a formal adjudicative hearing. Although the Bureau has some discretionary authority to review previous awards under N.D.C.C. § 65-05-04, that statutory authority does not mean the Bureau can relitigate issues that were or should have been decided in a prior formal adjudicative proceeding. We are not persuaded the Legislature intended to give the Bureau unlimited authority to relitigate issues that should have been raised in a prior formal adjudicative hearing. Rather, Johnson [v. North Dakota Workers' Comp. Bur., 484 N.W.2d 292 (N.D.1992)] and N.D.C.C. §§ 65-05-04 and 65-05-29(3) must be considered in light of the doctrine of administrative res judicata, the importance of finality of agency decisions, and the purpose of the workers compensation law to provide injured workers with "sure and certain relief" to preclude the Bureau, in the absence of new evidence or a change in medical condition, from relitigating claims which were, or should *330 have been decided, in a prior formal adjudicative hearing.
(Footnote omitted.)
[¶ 20] As a part of its ongoing monitoring, WSI may initiate vocational rehabilitation services, including evaluation, if it believes it is beneficial. See N.D.C.C. § 65-05.1-01(8)(a) [N.D.C.C. § 65-05.1-01(7)(a) (1993)] (WSI is permitted to initiate rehabilitation services "on its own motion" or sua sponte). In this case, the issue is not whether Drayton continues with her disability, but rather whether she was noncompliant with vocational rehabilitation services. WSI is not attempting to relitigate the fact that Drayton is disabled. WSI has not sought to adjust or terminate Drayton's benefits on the basis of a change in her medical condition or evidence that she is no longer disabled. Rather, the issue is Drayton's noncompliance with vocational rehabilitation services and the consequences of her actions under N.D.C.C. §§ 65-05-28 or 65-05.1-04.
[¶ 21] Here, with regard to the proper application of administrative res judicata, the record does not reflect that any formal "trial-type" hearing led to WSI's November 1997 order. Further, whether additional rehabilitation services would be beneficial almost 13 years after Drayton's injury could not have been contemplated by the November 1997 order. While it does appear that some rehabilitation services were previously attempted before or about the time of the 1997 order, those attempts do not preclude initiating vocational rehabilitation services now. Cf. Fischer v. North Dakota Workers Comp. Bur., 530 N.W.2d 344, 347 (N.D.1995) (for res judicata purposes, an agency's final order corresponds with a court's final judgment, but the bureau's vocational assessment does not meet this description).
[¶ 22] We conclude administrative res judicata does not preclude WSI from either initiating vocational rehabilitation services or imposing consequences for noncompliance with those services under N.D.C.C. §§ 65-05-28 or 65-05.1-04.
C
[¶ 23] WSI argues Drayton could be properly found in noncompliance with vocational rehabilitation under N.D.C.C. § 65-05.1-04 after initiating the functional capacity assessment. Drayton contends, however, that the provisions relating to noncompliance under N.D.C.C. § 65-05.1-04(6) apply only after a vocational rehabilitation "program" has begun.
[¶ 24] We disagree with Drayton's narrow interpretation of what constitutes initiating "vocational rehabilitation services," thus invoking the application of N.D.C.C. ch. 65-05.1. Under N.D.C.C. § 65-01-02(26), "[r]ehabilitation services" are defined as "nonmedical services reasonably necessary to restore a disabled employee to substantial gainful employment" and may include "vocational evaluation, counseling, education, workplace modification, and vocational retraining...." See also N.D.C.C. § 65-01-02(27) (1993). Under N.D.C.C. § 65-05.1-01(2), "comprehensive rehabilitation services" are further defined to include "medical, psychological, economic, and social rehabilitation." Additionally, as will be discussed further, N.D.C.C. § 65-05.1-04, which defines an injured worker's responsibilities for vocational rehabilitation services, specifically contemplates a claimant's testing and medical and vocational assessment in connection with those services.
[¶ 25] When WSI initiated vocational rehabilitation services under N.D.C.C. ch. 65-05.1 for Drayton, and initiated the functional capacity assessment in April 2006, Drayton's corresponding responsibilities under N.D.C.C. § 65-05.1-04 were implicated. *331 We reject Drayton's distinction that N.D.C.C. § 65-05.1-04(6) does not apply until a rehabilitation program or plan has actually been awarded and that the FCAs in this case were mere investigation as to whether to initiate services under N.D.C.C. ch. 65-05.1. We conclude that Drayton could be properly found in noncompliance with vocational rehabilitation under N.D.C.C. § 65-05.1-04.
IV
[¶ 26] WSI argues, and the ALJ concluded, that the 2005 version of N.D.C.C. § 65-05.1-04, which was in effect on the date of Drayton's functional capacity assessment, governs the issues in this case. WSI also argues, however, that even under the 1993 version of the statutes, WSI could discontinue Drayton's disability benefits for noncompliance with vocational rehabilitation on the basis of Drayton's failure to give maximum consistent effort on her two FCAs.
[¶ 27] This Court has consistently held that "[u]nless otherwise provided, statutes in effect on the date of injury govern a claimant's right to collect workers compensation benefits." Reopelle, 2008 ND 98, ¶ 11, 748 N.W.2d 722; see also Rodenbiker v. Workforce Safety & Ins., 2007 ND 169, ¶ 16, 740 N.W.2d 831; Sjostrand, 2002 ND 125, ¶ 14, 649 N.W.2d 537; Wanstrom v. North Dakota Workers Comp. Bur., 2000 ND 17, ¶ 7, 604 N.W.2d 860; Saari v. North Dakota Workers Comp. Bur., 1999 ND 144, ¶ 10, 598 N.W.2d 174; Thompson v. North Dakota Workers' Comp. Bur., 490 N.W.2d 248, 251 (N.D.1992). In Reopelle, at ¶ 11, we explained:
That rule is an outgrowth of the requirement that statutory provisions are not retroactive unless "expressly declared to be so." N.D.C.C. § 1-02-10; White v. Altru Health Sys., 2008 ND 48, ¶ 20, 746 N.W.2d 173 (applying N.D.C.C. § 1-02-10 and Reiling v. Bhattacharyya, 276 N.W.2d 237 (N.D.1979) and stating statutory directive is clear that "[i]f a statute is to be retroactive, the Legislature must expressly declare it to be so"). However, a statutory provision may not operate retroactively to abrogate a vested right or a valid obligation. N.D.C.C. § 1-02-30; Tedford [v. Workforce Safety & Ins.], 2007 ND 142, ¶ 17, 738 N.W.2d 29; Sjostrand, at ¶ 14; Saari, at ¶ 10; Gregory v. North Dakota Workers Comp. Bureau, 1998 ND 94, ¶¶ 32-33, 578 N.W.2d 101. A vested right is an immediate or fixed right to present or future enjoyment that does not depend upon an event that is uncertain. Sjostrand, at ¶ 14; Saari, at ¶ 10; Jensen v. North Dakota Workers Comp. Bureau, 1997 ND 107, ¶ 11, 563 N.W.2d 112. A common thread connecting our cases about retroactive application of statutes and vested rights is that statutes may not be retroactively applied to discontinue or reduce benefits that a claimant had been receiving, or already had a vested right in receiving. Saari, at ¶ 17.
[¶ 28] At issue here is whether the vocational rehabilitation statutes in effect on the date of Drayton's injury govern her vocational rehabilitation, or whether the statutes in effect when the vocational rehabilitation determination is made govern her case. Some of our cases support the application of the statutes in effect when the vocational rehabilitation determination is made. See Thompson, 490 N.W.2d at 251 n. 4 (stating rehabilitation claims are made after a claimant has reached maximum medical recovery, and claimant had not demonstrated a vested right to rehabilitation under law effective at time of his injury because there was no immediate or fixed right to present or future enjoyment and which did not depend upon an event that was uncertain). See also Sjostrand, 2002 ND 125, ¶ 15, 649 N.W.2d 537 (holding *332 a determination of whether a recipient remains disabled and entitled to benefits may be made any time and a determination of continuing disability should be based on the law when the determination is made, not that in effect at the time of injury); Tangen v. North Dakota Workers Comp. Bur., 2000 ND 135, ¶¶ 15-16, 613 N.W.2d 490 (holding 1995 amendment to statute applied to claimant's reapplication for aggravation benefits, while date of original injury was 1992); Snyder v. North Dakota Workers Comp. Bur., 2001 ND 38, ¶ 9, 622 N.W.2d 712 (applying subsequent amendments of N.D.C.C. § 65-05-08(3) requiring monthly reports despite not having been in effect on date of injury). In Rodenbiker, 2007 ND 169, ¶ 16, 740 N.W.2d 831 (applying law in effect in March 2000, despite functional capacity assessments in 2002 and 2003), this Court recently said the statute in effect on the date of the claimant's injury applied to vocational rehabilitation services. In Rodenbiker, this Court stated:
Two statutes are central to this case: N.D.C.C. § 65-05.1-01 and N.D.C.C. § 65-05-10. The parties mistakenly agreed that the 2003 version of the statutes was the appropriate version to apply to Rodenbiker's claim. However, the applicable statutes are those effective on March 2000, the date Rodenbiker suffered her work-related injury.... Thus, the 1999 versions of N.D.C.C. § 65-05.1-01 and N.D.C.C. § 65-05-10 apply to this case. Although those statutory provisions were amended between 1999 and 2003, the amendments did not relate to eligibility for partial disability benefits and do not affect the outcome of this case.
Rodenbiker, at ¶ 16 (citing Robertson v. North Dakota Workers Comp. Bur., 2000 ND 167, ¶ 21, 616 N.W.2d 844 and N.D.C.C. § 1-02-10).
[¶ 29] In this case, however, as in Rodenbiker, even if we agreed with Drayton's assertion that the 1993 version of the statutes apply, we conclude that WSI properly discontinued Drayton's benefits on the basis of WSI's findings of Drayton's willful noncompliance with vocational rehabilitation services.
[¶ 30] WSI asserts a reasoning mind could reasonably determine that Drayton intentionally manipulated the results of the functional capacity assessment and, therefore, engaged in a first instance of noncompliance without good cause. In reversing WSI's order, the district court concluded that WSI failed to properly analyze and explain the evidence. Here, the ALJ concluded that on the basis of the evidence, WSI properly terminated Drayton's benefits under N.D.C.C. §§ 65-05.1-04 and 65-05-28(4). Although the ALJ applied the 2005 version of the statutes, and WSI adopted the ALJ's decision as its final order, the ALJ made sufficient findings to sustain WSI's termination under either the 1993 or 2005 statutes.
[¶ 31] Specifically, N.D.C.C. § 65-05.1-04(6) (1993) provides, in part:
If, without good cause, the injured employee fails to attend a scheduled medical or vocational assessment, or fails to attend a specific qualified rehabilitation program within ten days from the date the rehabilitation program commences, the employee must be deemed to be in noncompliance with vocational rehabilitation.... If the employee establishes a pattern of noncooperation as heretofore described, involving two or more incidents of noncooperation, subsequent efforts by the employee to come into compliance with vocational rehabilitation may not be deemed successful compliance until the employee has successfully returned to the job or training program for a period of sixty days. In all cases *333 of noncompliance by the employee, the bureau, by administrative order, shall discontinue lost-time benefits. If, upon the bureau order becoming final, the period of noncompliance continues for sixty days, the bureau has no further jurisdiction in awarding any further temporary total, temporary partial, permanent total, or vocational rehabilitation benefits.
(Emphasis added.) See also N.D.C.C. § 65-05.1-04(3) (1993) ("The injured employee shall be available for testing under subsection 6 or 7 of section 65-05.1-02, and for any further examinations and testing as may be prescribed by the bureau to determine whether or not a program of rehabilitation is necessary."); N.D.C.C. § 65-05-28(4) (1993) (providing, in part: "If an employee ... refuses to submit to, or in any way intentionally obstructs, any examination, or refuses reasonably to participate in medical or other treatments, the employee's right to claim compensation under this title is suspended until the refusal or obstruction ceases."); Zueger v. North Dakota Workers Comp. Bur., 1998 ND 175, ¶ 13, 584 N.W.2d 530 ("We have held that a claimant who attempts to manipulate an FCE by willfully failing to perform to the full extent of his or her abilities can be found to have intentionally obstructed the test, and benefits may be suspended under N.D.C.C. § 65-05-28(4).").
[¶ 32] We have held that a willful failure to give a maximum consistent effort in a functional capacity assessment can constitute noncompliance with vocational rehabilitation under N.D.C.C. § 65-05.1-04(6). See Thomas v. Workforce Safety & Ins., 2005 ND 52, ¶ 6, 692 N.W.2d 901; see also Hoffman v. North Dakota Workers Comp. Bur., 2002 ND 138, ¶ 21, 651 N.W.2d 601 ("the word `attend' in the statute clearly contemplates not only a mere physical presence, but also participation in the medical or vocational assessment"). We reject Drayton's contention that under the 1993 version of N.D.C.C. § 65-05.1-04(6), WSI must prove a pattern of noncooperation. Under the statute's plain language, it is when the employee has established a pattern of noncooperation that additional conditions are imposed before the employee may be again considered successfully in compliance with vocational rehabilitation. WSI, on the other hand, is authorized to discontinue benefits in all cases of the employee's noncompliance. In Hoffman, at ¶¶ 14-15, this Court also explained:
[A] "claimant has good cause for failing to attend a rehabilitation program if the claimant has a reason that would cause a reasonably prudent person to refuse to attend the rehabilitation program under the same or similar circumstances." Whether a claimant has "good cause" under the statute is determined under an objective, reasonable person standard.... [T]he Bureau also has the burden of showing noncompliance with a rehabilitation plan. Once the Bureau establishes noncompliance, it becomes the claimant's burden to establish good cause for noncompliance.
(Citation omitted.)
[¶ 33] Here, WSI found that relying on the evidence in the record, including testimony of the occupational therapists who performed the FCAs, and considering "the many inconsistencies and obvious failures to perform [on the FCAs] (e.g. refusing to walk more than 10 feet when she had just walked more than 100 is a particularly troubling result)," the greater weight of the evidence in this case showed Drayton "willfully failed to participate to her fullest capacity in the FCAs." WSI also found "the greater weight of the evidence shows that Ms. Drayton did not comply with the order to participate in *334 the [May 2006], FCA because she did not give a maximum consistent effort." Further, WSI concluded that Drayton had not demonstrated good cause to fail the FCA and that even if Drayton had argued that she had good cause, "when compared to her behaviors during the testing and on her breaks, the inconsistencies in her test results, do not support her claims that it was her pain that caused her to have inconsistent assessment results." From our examination of the record, we conclude a reasoning mind could reasonably find, as WSI did, that its finding of noncompliance was proven by the weight of the evidence on the entire record.
[¶ 34] Drayton contends that WSI disregarded medical evidence favorable to her, including Dr. Rokke's determination that she was still disabled and unlikely to improve. The findings of fact must "sufficiently address the evidence presented to the agency by the appellant." N.D.C.C. § 28-32-46(7). In its findings, however, WSI addresses Dr. Rokke's opinion:
25. Dr. Rokke wrote a letter on Ms. Drayton's behalf stating that the "results of the Functional Capacity Evaluations performed in June and July [had] not changed" his opinion that Ms. Drayton's work limitations were as set forth in his January 10, 2006, letter to WSI. His letter goes on to describe Ms. Drayton's statements to him about the second FCA, but does not address any specifics of the first FCA. Moreover his letter does not address if he thinks the results of the FCA were inaccurate or whether they did or did not represent an intentional manipulation of the FCA.
[¶ 35] Here, WSI considered the evidence in the record, including the testimony of occupational therapists Nelson and Nechiporenko that the invalid test results indicated a manipulated effort, and Drayton's testimony regarding her own explanations for her performance on the FCAs and that she did not intentionally manipulate the FCAs. WSI also explained its reasons for disregarding Dr. Rokke's opinion, who, while maintaining that Drayton remained disabled, did not address the results or intentional manipulation on the first FCA. WSI weighs the credibility of witnesses and resolves conflicts in the evidence, and we do not make independent findings of fact or substitute our judgment for that of the agency. WSI sufficiently addressed the medical evidence favorable to Drayton and we conclude a reasoning mind could reasonably find Drayton's noncompliance was proven by the weight of the evidence on the entire record.
[¶ 36] We therefore conclude WSI properly discontinued Drayton's benefits under N.D.C.C. §§ 65-05.1-04 and 65-05-28(4).
V
[¶ 37] WSI argues the district court erred in awarding Drayton attorney's fees under N.D.C.C. § 28-32-50, because the court erred in concluding WSI had acted without substantial justification.
[¶ 38] Section 28-32-50(1), N.D.C.C., requires a court to award reasonable attorney's fees and costs to a prevailing claimant when an administrative agency has acted without substantial justification. That statute requires a claimant to not only prevail, but also to prove the agency acted without substantial justification. Rojas v. Workforce Safety & Ins., 2006 ND 221, ¶ 14, 723 N.W.2d 403. We have held that statute applies to WSI, but only in "rare cases" if WSI denies or reduces an employee's benefits without substantial justification. Id. at ¶¶ 16-17. "Substantial justification means, justified in substance or in the main that is, justified to a degree that could satisfy a reasonable *335 person." Rojas, at ¶ 17 (internal quotation omitted).
[¶ 39] We review a district court's decision whether an agency acted with substantial justification for an abuse of discretion. Tedford v. Workforce Safety & Ins., 2007 ND 142, ¶ 26, 738 N.W.2d 29. In this case, because we have reversed the district court's judgment and determined WSI properly terminated Drayton's benefits, we also conclude the court abused its discretion in finding WSI acted without substantial justification. We reverse the district court's award of attorney's fees.
[¶ 40] Drayton nevertheless argues an award of attorney's fees is authorized under the 1993 version of N.D.C.C. § 65-10-03, which permitted broader awards of attorney's fees. WSI, however, contends this Court should decline to consider this issue because it is not ripe for determination. WSI asserts Drayton is entitled to an administrative hearing under N.D.C.C. § 65-02-08 on any denial or dispute concerning payment of attorney's fees, from which an appeal then could be pursued.
[¶ 41] Currently, N.D.C.C. § 65-10-03 requires WSI to pay attorney's fees only to an injured employee who prevails on appeal:
The organization shall pay the cost of the judicial appeal and the attorney's fee for an injured employee's attorney when the employee prevails. The employee has prevailed when any part of the decision of the organization is reversed and the employee receives an additional benefit as a result. An injured employee does not prevail on a remand for further action or proceedings unless the injured employee ultimately receives an additional benefit....
Section 65-10-03 (1993), N.D.C.C., while similar, provided in part:
The cost of the judicial appeal and an attorney's fee for the claimant's attorney must be borne by the bureau when the claimant prevails. The claimant is deemed to have prevailed when any part of the decision of the bureau is reversed or the claim is remanded to the bureau for further administrative proceedings. In an appeal by the bureau to the North Dakota supreme court, the claimant shall recover costs and attorneys' fees incurred in responding to the appeal....
(Emphasis added.) In 1995, the Legislature deleted the language authorizing the claimant to recover costs and attorney's fees in responding to an appeal to this Court by the bureau, now WSI. 1995 N.D. Sess. Laws, ch. 614, § 5. The Legislature further expressly declared the effective date, "This Act applies to any request for arbitration, hearing, or appeal taken from an administrative order issued after August 1, 1995." 1995 N.D. Sess. Laws, ch. 614, § 7.
[¶ 42] Drayton asserts the date of her work-related injury should control her statutory right under N.D.C.C. § 65-10-03 to receive attorney's fees and costs when WSI appeals to this Court. Drayton argues that her rights under this statute involve substantive rights, a vested right to the services of an attorney, and that subsequent amendments cannot therefore be applied to her claim retroactively.
[¶ 43] As we have explained, although a statutory provision may not operate retroactively to abrogate a vested right or valid obligation, a vested right is one which is immediate or fixed to present or future enjoyment and does not depend upon an event that is uncertain. See Reopelle, 2008 ND 98, ¶ 11, 748 N.W.2d 722. Here, however, the claimant's right under the 1993 statute to attorney's fees in a subsequent appeal is contingent upon a *336 number of future events occurring. As such, Drayton's claim to attorney's fees under these circumstances cannot be said to have vested at her injury date because her fees claim largely depends on uncertain future events, i.e., the need to respond when WSI has appealed an adverse decision to this Court. Moreover, the Legislature specifically provided that the act applied to "any appeal taken from an administrative order after August 1, 1995."
[¶ 44] We also reject Drayton's claim that the "effective date" language does not apply here because Drayton is appealing from a district court judgment rather than an "administrative order." Drayton's argument ignores that this proceeding is a further appeal from a WSI administrative order, and this Court reviews that order rather than the district court's decision. See N.D.C.C. § 28-32-49; Genter v. Workforce Safety & Ins. Fund, 2006 ND 237, ¶ 12, 724 N.W.2d 132. We therefore reject Drayton's contention that the 1993 version of the statute applies to her request for attorney's fees for this appeal.
[¶ 45] Because Drayton has not ultimately prevailed on appeal, we conclude Drayton is not entitled to attorney's fees under N.D.C.C. § 65-10-03.
VI
[¶ 46] We have considered Drayton's remaining arguments and find them without merit. We reverse the district court judgment and reinstate WSI's final order discontinuing Drayton's temporary disability benefits.
[¶ 47] GERALD W. VANDE WALLE, C.J., RONALD E. GOODMAN, S.J., CAROL RONNING KAPSNER, and MARY MUEHLEN MARING, JJ., concur.
[¶ 48] The Honorable RONALD E. GOODMAN, S.J., sitting in place of CROTHERS, J., disqualified.
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/*++
Copyright (c) 1999 - 2014, Intel Corporation. All rights reserved
This program and the accompanying materials are licensed and made available under
the terms and conditions of the BSD License that accompanies this distribution.
The full text of the license may be found at
http://opensource.org/licenses/bsd-license.php.
THE PROGRAM IS DISTRIBUTED UNDER THE BSD LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Module Name:
IgdOSBCB.ASL
Abstract:
IGD OpRegion/Software SCI Reference Code for the Baytrail Family.
This file contains the system BIOS call back functionality for the
OpRegion/Software SCI mechanism.
--*/
Method (SBCB, 0, Serialized)
{
// Supported Callbacks: Sub-function 0
If (LEqual(GESF, 0x0))
{
//<TODO> An OEM may support the driver->SBIOS status callbacks, but
// the supported callbacks value must be modified. The code that is
// executed upon reception of the callbacks must be also be updated
// to perform the desired functionality.
Store(0x00000000, PARM) // No callbacks supported
If(LEqual(PFLV,FMBL))
{
Store(0x000F87FD, PARM) // Mobile
}
If(LEqual(PFLV,FDTP))
{
Store(0x000F87BD, PARM) // Desktop
}
Store(Zero, GESF) // Clear the exit parameter
Return(SUCC) // "Success"
}
// BIOS POST Completion: Sub-function 1
If (LEqual(GESF, 1))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Pre-Hires Set Mode: Sub-function 3
If (LEqual(GESF, 3))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Post-Hires Set Mode: Sub-function 4
If (LEqual(GESF, 4))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Display Switch: Sub-function 5
If (LEqual(GESF, 5))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Set TV format: Sub-function 6
If (LEqual(GESF, 6))
{
//<TODO> If implemented, the input values must be saved into
// non-volatile storage for parsing during the next boot. The
// following Sample code is Intel validated implementation.
Store(And(PARM, 0x0F), ITVF)
Store(ShiftRight(And(PARM, 0xF0), 4), ITVM)
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC)
}
// Adapter Power State: Sub-function 7
If (LEqual(GESF, 7))
{
// Upon notification from driver that the Adapter Power State = D0,
// check if previous lid event failed. If it did, retry the lid
// event here.
If(LEqual(PARM, 0))
{
Store(CLID, Local0)
If(And(0x80000000,Local0))
{
And(CLID, 0x0000000F, CLID)
GLID(CLID)
}
}
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Display Power State: Sub-function 8
If (LEqual(GESF, 8))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Set Boot Display: Sub-function 9
If (LEqual(GESF, 9))
{
//<TODO> An OEM may elect to implement this method. In that case,
// the input values must be saved into non-volatile storage for
// parsing during the next boot. The following Sample code is Intel
// validated implementation.
And(PARM, 0xFF, IBTT) // Save the boot display to NVS
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Reserved, "Critical failure"
}
// Set Panel Details: Sub-function 10 (0Ah)
If (LEqual(GESF, 10))
{
//<TODO> An OEM may elect to implement this method. In that case,
// the input values must be saved into non-volatile storage for
// parsing during the next boot. The following Sample code is Intel
// validated implementation.
// Set the panel-related NVRAM variables based the input from the driver.
And(PARM, 0xFF, IPSC)
// Change panel type if a change is requested by the driver (Change if
// panel type input is non-zero). Zero=No change requested.
If(And(ShiftRight(PARM, 8), 0xFF))
{
And(ShiftRight(PARM, 8), 0xFF, IPAT)
Decrement(IPAT) // 0 = no change, so fit to CMOS map
}
And(ShiftRight(PARM, 18), 0x3, IBLC)
And(ShiftRight(PARM, 20), 0x7, IBIA)
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Success
}
// Set Internal Graphics: Sub-function 11 (0Bh)
If (LEqual(GESF, 11))
{
//<TODO> An OEM may elect to implement this method. In that case,
// the input values must be saved into non-volatile storage for
// parsing during the next boot. The following Sample code is Intel
// validated implementation.
And(ShiftRight(PARM, 1), 1, IF1E) // Program the function 1 option
// Fixed memory/DVMT memory
And(ShiftRight(PARM, 17), 0xF, IDMS) // Program DVMT/fixed memory size
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Success
}
// Post-Hires to DOS FS: Sub-function 16 (10h)
If (LEqual(GESF, 16))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// APM Complete: Sub-function 17 (11h)
If (LEqual(GESF, 17))
{
Store(ShiftLeft(LIDS, 8), PARM) // Report the lid state
Add(PARM, 0x100, PARM) // Adjust the lid state, 0 = Unknown
Store(Zero, GESF) // Clear the exit parameter
Return(SUCC) // Not supported, but no failure
}
// Set Spread Spectrum Clocks: Sub-function 18 (12h)
If (LEqual(GESF, 18))
{
//<TODO> An OEM may elect to implement this method. In that case,
// the input values must be saved into non-volatile storage for
// parsing during the next boot. The following Sample code is Intel
// validated implementation.
If(And(PARM, 1))
{
If(LEqual(ShiftRight(PARM, 1), 1))
{
Store(1, ISSC) // Enable HW SSC, only for clock 1
}
Else
{
Store(Zero, GESF)
Return(CRIT) // Failure, as the SSC clock must be 1
}
}
Else
{
Store(0, ISSC) // Disable SSC
}
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Success
}
// Post VBE/PM Callback: Sub-function 19 (13h)
If (LEqual(GESF, 19))
{
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Not supported, but no failure
}
// Set PAVP Data: Sub-function 20 (14h)
If (LEqual(GESF, 20))
{
And(PARM, 0xF, PAVP) // Store PAVP info
Store(Zero, GESF) // Clear the exit parameter
Store(Zero, PARM)
Return(SUCC) // Success
}
// A call to a reserved "System BIOS callbacks" function was received
Store(Zero, GESF) // Clear the exit parameter
Return(SUCC) // Reserved, "Critical failure"
}
|
'The Big Bang Theory': After floundering last season, top sitcom is wise to wrap up
"The Big Bang Theory" will end its run in May 2019 at the conclusion of the twelfth and final season.
USA TODAY
Fans will have only have a little while longer to see "The Big Bang Theory" gang together after CBS, Warner Bros. Television and Chuck Lorre Productions announced the hit comedy will end at the conclusion of Season 12 in May.(Photo: Monty Brinton, CBS)
Whatever the reason, it's the right move. After more than 250 episodes, "Bang" is still TV’s top-rated comedy – "Roseanne" briefly took that honor, but look where that is now – and likely will remain so. There was plenty of money to be made for everyone involved, and the departure will leave CBS, which successfully launched "Bang" prequel spinoff "Young Sheldon," with a huge scheduling hole. (Don't shed any tears. Although fans will soon be Penny-less, nobody connected to this money machine will leave penniless.)
Creatively, however, "Bang" is showing its age. Although long defying the decline that eventually afflicts long-running comedies, it started to flounder last season.
"The Big Bang Theory" premiered in 2007 with an intriguing triangle, socially awkward geniuses Sheldon (Jim Parsons), left, and Leonard (Johnny Galecki), right, navigating life in an apartment across the hall from actress/waitress Penny (Kaley Cuoco), who had a much higher emotional intelligence.(Photo: ROBERT VOETS, CBS)
For almost its entire run, “Big Bang,” created by sitcom master Chuck Lorre and Bill Prady, has been a well-oiled laugh factory. The initial story of two awkward scientific geniuses and their apartment neighbor, a Cheesecake Factory waitress with much sharper social skills, began with promise and took off from there, growing into a larger, talented ensemble that wove in character depth and emotion, without getting maudlin, while still delivering the jokes.
The initial cast – neighbor Penny (Kaley Cuoco) was on her own dealing with across-the-hall roommates Sheldon (Jim Parsons) and Leonard (Johnny Galecki) and their scientist pals Howard (Simon Helberg) and Raj (Kunal Nayyar) – was male-centric, but the show brought more balance introducing two brilliant women as female scientists: microbiologist Bernadette (Melissa Rauch) and neuroscientist Amy (Mayim Bialik).
They weren’t just grafted on for appearances. The writers and actors brought depth to Bernadette and Amy, integrating them smartly into the cast and creating new opportunities as the eternally immature guys took baby steps to grow up. Leonard eventually married Penny; Bernadette and Howard got hitched and became parents; and Amy and man-child Sheldon took their marital vows in last season’s finale.
Over the years, as Steven Molaro took a more prominent role as an executive producer, the show added a layer of emotion that gave the humor more depth. Fans strongly bonded with the characters, a great sign, with laughs coming from their idiosyncratic personalities as well as the jokes.
I remember being on set for a Season 6 episode where the band of friends tried to soften the blow of Howard's feelings of abandonment by his father. There was a sweetness to their support, punctuated by a hilarious and ridiculous effort from emotionally dense Sheldon.
“Big Bang” maintained that balance over the years as its longevity surpassed most other sitcoms, especially those shot in front of a studio audience. By the time it closes shop in May, the series will have racked up a record 279 episodes for the studio-audience format, more than classics “Frasier” (11 seasons, 263 episodes), “Friends” (10 seasons, 236 episodes) and “Seinfeld” (nine seasons, 173 episodes).
Past hits have ended for various reasons; stars and producers are eager to pursue other opportunities or the financial factors no longer make sense.
But there’s an underlying, unavoidable reason why all these shows end. Over time, they all lose some creativity, often simply resulting from repetition. What was once fresh can seem stale.
"The Big Bang Theory" featured many well-known guest stars from the fields of science, business and entertainment, including theoretical physicist Stephen Hawking, left, who is seen here with "Bang" physicist Sheldon (Jim Parsons).(Photo: SONJA FLEMMING/CBS)
“Bang” upheld its quality for many episodes past a sitcom's expected sell-by date, but it hit a wall last year. The season-long lead-up to the "Shamy" wedding, a truly joyous union of two great characters, started seeming more like a meandering walk than a wedding march. It just felt like "Bang" was spinning its wheels. Repetition and sameness may please obsessive Sheldon, but they don't do much for comedy.
With one and especially two more seasons beyond the upcoming one (Sept. 24, 8 EDT/PDT), “Bang” was in danger of veering toward comedic entropy (a term Sheldon and Leonard would understand), degrading and losing energy and moving toward flatness.
With just one season to go, however, I have faith the talented producers, writers and actors can generate a funny sprint, with pratfalls, to the finish line. “Big Bang” writers are famous for not plotting too far ahead, so there’s time to plan a satisfying conclusion, and there’s no longer any danger of the dreaded penultimate season, a deadening period for many otherwise stellar series as everyone anticipates the grand finale.
"Big Bang” hasn’t received its awards due over the years; Jim Parsons has been an Emmy magnet, winning four trophies as lead actor in a comedy, but the series has never won for best comedy. It was worthy of that honor.
But awards don’t determine a show’s quality and “Big Bang” stands with the best in its genre. Now, without being weighed down with two extra seasons (and, yes, the accompanying stacks of money), it has a chance to go out with … a sharp, funny flourish. (Did you think I’d say bang? Bazinga!)
Adam Rippon attends the Disney ABC press event at TCA. ABC recently announced that the season 26 winner of "Dancing With the Stars" will be a judge on "Dancing With the Stars: Juniors" beginning in October. Jon Kopaloff, FilmMagic
Ben Stiller, Patricia Arquette and Benicio del Toro respond to questions about "Escape at Dannemora," a miniseries about a New York State prison break, which will air on Showtime in November. Willy Sanjuan, Willy Sanjuan/Invision/AP
Tom Rob Smith, second from left, executive producer of the television miniseries "The Assassination of Gianni Versace: American Crime Story," accepts the award for Outstanding Achievement in Movies or Miniseries as cast members, from left, Ricky Martin, Edgar Ramirez, Finn Wittrock and Judith Light look on at the 34th annual TCA Awards. Chris Pizzello, Chris Pizzello/Invision/AP
Henry Louis Gates Jr., host and executive producer of "Finding Your Roots with Henry Louis Gates Jr.," discusses the new season of his show on PBS, which begins in January. Chris Pizzello, Chris Pizzello/Invision/AP
It's time for the Television Critics Association's summer press tour in Pasadena, Calif., where networks present their shows to TV journalists. Christiane Amanpour discusses her news program, "Christiane and Company," which will debut on PBS in September. Richard Shotwell, Richard Shotwell/Invision/AP
HGTV brough out its big stars with Drew Scott and Jonathan Scott of "Property Brothers" and Leanne Ford and Steve Ford of "Restored by the Fords" at TCA. Amanda Edwards, Getty Images for Discovery, Inc.
Heather Graham discusses "Bliss," in which she is married to a man who lives two different lives. The show, created by David Cross ("Arrested Development"), is on the streaming service Britbox. Richard Shotwell, Richard Shotwell/Invision/AP
The hosts of "Pod Save America" (from left, Jon Favreau, Jon Lovett, Dan Pfeiffer and Tommy Vietor) will bring their popular podcast to HBO for four hour-long specials this fall. FilmMagic, FilmMagic for HBO
Jeff Goldblum discusses "The Curiosity of Jeff Goldblum," his new show on National Geographic. The 12-part series examines unique scientific connections among ordinary things. Richard Shotwell, Richard Shotwell/Invision/AP |
We Never See Children in Parks: A Qualitative Examination of the Role of Safety Concerns on Physical Activity Among Children.
Previous literature indicates physical activity and obesity are interrelated problems, especially among children in disorganized environments. Qualitative focus groups were conducted with parents of elementary school children located within the Mississippi Delta to answer one overarching research question: "What influence do safety concerns have on physical activity for children in the Mississippi Delta?" There were 2 large themes; first was that recreational areas were criminal and the second was that safety concerns were a barrier to physical activity. Safety concerns as a barrier to physical activity rendered 3 sub-themes, including 1) Parental fear of crime inhibited the use of public recreational spaces, 2) Parental perceptions of police as ineffective and untrustworthy reduced the use of public spaces where children might play, and 3) Parents often expressed safety-induced intense supervision requirements that limited the physical activity of their children. Our study provides valuable insights into the mechanisms by which safety concerns limit physical activity of children in the Mississippi Delta. |
Gem.execute do |original_file|
require 'rubygems'
begin
require 'rubygems-bundler/noexec'
rescue LoadError
warn "unable to load rubygems-bundler/noexec" if ENV.key?('NOEXEC_DEBUG')
end
end
|
MicroRNA mediated regulation of metal toxicity in plants: present status and future perspectives.
The human population is increasing at an alarming rate, whereas heavy metals (HMs) pollution is mounting serious environmental problem, which could lead to serious concern about the future sufficiency of global food production. Some HMs such as Mn, Cu, and Fe, at lower concentration serves as an essential vital component of plant cell as they are crucial in various enzyme catalyzed biochemical reactions. At higher concentration, a vast variety of HMs such as Mn, Cu, Cd, Fe, Hg, Al and As, impose toxic reaction in the plant system which greatly affect the crop yield. Recently, microRNAs (miRNAs) that are small class of non-coding riboregulator have emerged as central regulator of numerous abiotic stresses including HMs. Increasing reports indicate that plants have evolved specialized inbuilt mechanism viz. signal transduction, translocation and sequestration to counteract the toxic response of HMs. Combining computational and wet laboratory approaches have produced sufficient evidences concerning active involvement of miRNAs during HMs toxicity response by regulating various transcription factors and protein coding genes involved in plant growth and development. However, the direct role of miRNA in controlling various signaling molecules, transporters and chelating agents of HM metabolism is poorly understood. This review focuses on the latest progress made in the area of direct involvement of miRNAs in signaling, translocation and sequestration as well as recently added miRNAs in response to different HMs in plants. |
Influence of beta-cyclodextrin complexation on glipizide release from hydroxypropyl methylcellulose matrix tablets.
Glipizide was complexed with beta-cyclodextrin in an attempt to enhance the drug solubility. The phase solubility diagram was classified as A(L) type, which was characterized by an apparent 1:1 stability constant that had a value of 413.82 M(-1). Fourier transform infrared spectrophotometry, differential scanning calorimetry, powder x-ray diffractometry and proton nuclear magnetic resonance spectral analysis indicated considerable interaction between the drug and beta-cyclodextrin. A 2(3) factorial design was employed to prepare hydroxypropyl methylcellulose (HPMC) matrix tablets containing the drug or its complex. The effect of the total polymer loads (X1), levels of HPMC K100LV (X9), and complexation (X3) on release at first hour (Y1), 24 h (Y2), time taken for 50% release (Y3), and diffusion exponent (Y4) was systematically analyzed using the F test. Mathematical models containing only the significant terms (P < 0.05) were generated for each parameter by multiple linear regression analysis and analysis of variance. Complexation was found to exert a significant effect on Y1, Y2, and Y3, whereas total polymer loads significantly influenced all the responses. The models generated were validated by developing two new formulations with a combination of factors within the experimental domain. The experimental values of the response parameters were in close agreement with the predicted values, thereby proving-the validity of the generated mathematical models. |
“My job was to gather the body pieces after an IED explosion, trying to keep pieces from one body together.”
“My uncles were cut in pieces.”
I heard the first statement in 2001 when I volunteered at the rest station set up for first responders in
St. Peter’s Church near Ground Zero in Manhattan. The second statement I heard during an NPR interview with a marine.
I heard the third statement earlier this month as I sat on the floor in the office of the Foundation for Fundamental Rights (FFR) in Islamabad, an organization that provides legal aid for victims of U.S. drone attacks in Pakistan. Shahzad Akbar, founder of FFP, had invited—or more accurately, challenged—Medea Benjamin, co-founder of the anti-war activist group CODEPINK to bring a delegation to Pakistan to meet with victims and survivors of drone attacks.
So, on October 4, thirty-four of us U.S. citizens and one Canadian sat on the floor listening. Kamir Kahn, a survivor in his fifties, wearing traditional tribal garb, told of the drone attack on his village on December 31, 2009, that killed his 18-year-old son and his brother. He picked up their body pieces for Muslim burial.
Body parts. I invite us to say the words slowly: body parts. A body ripped apart by an airplane crashing into
a building, by an IED, by a drone. In Waziristan, we must picture not only the limbs of women and men,
but also the severed head of a child.
Noor Behram, a brilliant, committed Pakistani photographer, overwhelmed the delegation with his photographs of children killed in drone attacks. They are not pleasant to look at. Why does Noor take on this horrific mission? Why does he drive seven hours to take the picture of a shrapnel-riddled child before he is buried?
He does it for the same reason that I went to Pakistan—to give the lie to the official report from the U.S. government that drones are smart weapons, that in the past year not one single civilian was killed in a drone attack. Noor has no images of women killed by drones. This does not mean that drones spare women; Islamic custom forbids photographing women. Noor, however, does his best to work around this law. He photographs the bloody clothing of women. And in one photo of a dead woman with a dead child, he cut away the image of the mother. We could see the curves of the child holding on to his mother’s body.
A gruesome topic—body parts. Disturbing to our protected sensibilities. We were so maddened by body parts falling from the towers of the World Trade Building, we determined to blow other people to pieces. We mourn over our own women and men blown apart by IEDs; yet we continue to slice the heads of babies with drone strikes.
Karim, Noor, and the hundreds of Pakistanis we met gave us a strong mandate: “Tell your government to stop sending drones to Pakistan.” |
/* allenCollectSeq - Collect probe sequences for Allen Brain Atlas from a variety of sources. */
/* Copyright (C) 2014 The Regents of the University of California
* See README in this or parent directory for licensing information. */
#include "common.h"
#include "linefile.h"
#include "hash.h"
#include "options.h"
#include "dystring.h"
#include "dnaseq.h"
#include "fa.h"
#include "dnaLoad.h"
void usage()
/* Explain usage and exit. */
{
errAbort(
"allenCollectSeq - Collect probe sequences for Allen Brain Atlas from a variety of sources\n"
"usage:\n"
" allenCollectSeq tabFile probeFile nmFile xmFile tcFile extraFile outFile.fa refToRp.tab missing.tab rpToUrl.tab\n"
"Where tabFile is a tab-separated file with the following fields\n"
"\t#geneSymbol geneName entrezGeneId refSeqAccessionNumber urlToAtlas\n"
"and probeFile is a fasta file containing header lines of the format\n"
"\t>aibs|14182|sym|Gabrg2|entrez|14406|refseq|NM_008073|probe|RP_040227_01_01\n"
"and nmFile is a simple fasta file of NCBI refSeqsequences (NM_ sequences)\n"
"and xmFile is a simple fasta file of NCBI gene model sequences (XM_ sequences)\n"
"and tcFile is a simple fasta file of TIGR MGI TC sequence\n"
"and extraFile is a simple fasta file of other sequence\n"
"The output files are\n"
" outFile.fa - a fasta file containing the combined probe sequences\n"
" refToRp.tab - this maps the refSeqAccessionNumber in tabFile to the outFile.fa ids\n"
" missing.tab - this contains lines from tabFile where no sequence could be found\n"
" rpToUrl.tab - this maps the outFile.fa ids to URLs for linking to Allen Brain Atlas\n"
"options:\n"
" -xxx=XXX\n"
);
}
static struct optionSpec options[] = {
{NULL, 0},
};
struct hash *hashFa(char *fileName)
/* Read in fasta file and return hash of dnaSeq. */
{
struct dnaSeq *seq, *seqList;
struct hash *hash = hashNew(16);
seqList = dnaLoadAll(fileName);
for (seq = seqList; seq != NULL; seq = seq->next)
hashAdd(hash, seq->name, seq);
verbose(1, "%d sequences in %s\n", slCount(seqList), fileName);
return hash;
}
struct hash *hashFaComponent(struct dnaSeq *seqList, char *before)
/* Given a list of sequence with names that are really |-separated
* NCBI style things, make a hash keyed by the name component
* that occurs after the 'before' symbol */
{
struct dyString *dy = dyStringNew(0);
char *words[32];
int i,wordCount;
struct dnaSeq *seq;
struct hash *hash = hashNew(16);
for (seq = seqList; seq != NULL; seq = seq->next)
{
boolean gotIt = FALSE;
dyStringClear(dy);
dyStringAppend(dy, seq->name);
wordCount = chopByChar(dy->string, '|', words, ArraySize(words));
for (i=0; i<wordCount-1; i += 2)
{
if (sameString(words[i], before))
{
hashAdd(hash, words[i+1], seq);
gotIt = TRUE;
}
}
if (!gotIt)
errAbort("No %s in %s", before, seq->name);
}
dyStringFree(&dy);
return hash;
}
void simplifySeqName(struct dnaSeq *seqList, char *before)
/* Given a list of sequence with names that are really |-separated
* NCBI style things, convert name into just the component that
* happens after 'before' symbol. */
{
struct dnaSeq *seq;
char *words[32];
int i,wordCount;
for (seq = seqList; seq != NULL; seq = seq->next)
{
boolean gotIt = FALSE;
wordCount = chopByChar(seq->name, '|', words, ArraySize(words));
for (i=0; i<wordCount-1; i += 2)
{
if (sameString(words[i], before))
{
strcpy(seq->name, words[i+1]);
gotIt = TRUE;
}
}
if (!gotIt)
errAbort("No %s in %s", before, seq->name);
}
}
void allenCollectSeq(char *tabFile, char *probeFile, char *nmFile,
char *xmFile, char *tcFile, char *extraFile,
char *outFa, char *outRefToRp, char *outMiss, char *outRpToUrl)
/* allenCollectSeq - Collect probe sequences for Allen Brain Atlas from a variety of sources. */
{
struct lineFile *lf = lineFileOpen(tabFile, TRUE);
FILE *fFa = mustOpen(outFa, "w");
FILE *fRefToRp = mustOpen(outRefToRp, "w");
FILE *fRpToUrl = mustOpen(outRpToUrl, "w");
FILE *fMiss = mustOpen(outMiss, "w");
char *row[5];
struct hash *nmHash = hashFa(nmFile);
struct hash *xmHash = hashFa(xmFile);
struct hash *tcHash = hashFa(tcFile);
struct hash *extraHash = hashFa(extraFile);
struct dnaSeq *probeList = dnaLoadAll(probeFile);
struct hash *probeHash = hashFaComponent(probeList, "refseq");
int hitProbe = 0, hitXm = 0, hitNm = 0, hitTc = 0, hitNone = 0, hitExtra = 0, hitTotal = 0;
verbose(1, "%d sequences in %s\n", slCount(probeList), probeFile);
simplifySeqName(probeList, "probe");
while (lineFileRowTab(lf, row))
{
char *acc = row[3];
char *accChop = NULL;
char *s = strrchr(acc,'.');
char *acc0 = addSuffix(acc,".0");
char *acc1 = addSuffix(acc,".1");
char *acc2 = addSuffix(acc,".2");
char *acc3 = addSuffix(acc,".3");
char *acc4 = addSuffix(acc,".4");
if (s && (strchr("0123456789",s[1])) && s[2]==0) /* ends in [.][0-9] */
{
accChop = cloneStringZ(acc,s-acc);
}
struct dnaSeq *seq = NULL;
if ((seq = hashFindVal(probeHash, acc)) != NULL)
++hitProbe;
else if (accChop && ((seq = hashFindVal(probeHash, accChop)) != NULL))
++hitProbe;
else if ((seq = hashFindVal(probeHash, acc0)) != NULL)
++hitProbe;
else if ((seq = hashFindVal(probeHash, acc1)) != NULL)
++hitProbe;
else if ((seq = hashFindVal(probeHash, acc2)) != NULL)
++hitProbe;
else if ((seq = hashFindVal(probeHash, acc3)) != NULL)
++hitProbe;
else if ((seq = hashFindVal(probeHash, acc4)) != NULL)
++hitProbe;
else if ((seq = hashFindVal(nmHash, acc)) != NULL)
++hitNm;
else if ((seq = hashFindVal(xmHash, acc)) != NULL)
++hitXm;
else if ((seq = hashFindVal(tcHash, acc)) != NULL)
++hitTc;
else if ((seq = hashFindVal(extraHash, acc)) != NULL)
++hitExtra;
else
{
int i;
verbose(2, "Can't find probe for %s\n", acc);
for (i=0; i<ArraySize(row); ++i)
fprintf(fMiss, "%s\t", row[i]);
fprintf(fMiss, "\n");
++hitNone;
}
if (seq != NULL)
{
char seqName[128];
if (startsWith("RP_", seq->name))
safef(seqName, sizeof(seqName), "%s", seq->name);
else
safef(seqName, sizeof(seqName), "RP_%s", seq->name);
fprintf(fRefToRp, "%s\t%s\n", acc, seqName);
fprintf(fRpToUrl, "%s\t%s\n", seqName, row[4]);
if (row[4][0] == 0)
warn("Missing url line %d of %s\n", lf->lineIx, lf->fileName);
faWriteNext(fFa, seqName, seq->dna, seq->size);
}
++hitTotal;
freeMem(accChop);
freeMem(acc0);
freeMem(acc1);
freeMem(acc2);
freeMem(acc3);
freeMem(acc4);
}
verbose(1, "%d (%3.1f%%) hitProbe\n", hitProbe, 100.0 * hitProbe/hitTotal);
verbose(1, "%d (%3.1f%%) hitNm\n", hitNm, 100.0 * hitNm/hitTotal);
verbose(1, "%d (%3.1f%%) hitXm\n", hitXm, 100.0 * hitXm/hitTotal);
verbose(1, "%d (%3.1f%%) hitTc\n", hitTc, 100.0 * hitTc/hitTotal);
verbose(1, "%d (%3.1f%%) hitExtra\n", hitExtra, 100.0 * hitExtra/hitTotal);
verbose(1, "%d (%3.1f%%) hitNone\n", hitNone, 100.0 * hitNone/hitTotal);
carefulClose(&fFa);
carefulClose(&fRpToUrl);
carefulClose(&fRefToRp);
carefulClose(&fMiss);
}
int main(int argc, char *argv[])
/* Process command line. */
{
optionInit(&argc, argv, options);
if (argc != 11)
usage();
allenCollectSeq(argv[1], argv[2], argv[3], argv[4], argv[5], argv[6], argv[7],
argv[8], argv[9], argv[10]);
return 0;
}
|
Q:
Database structure for object with dynamic attributes
I am developing a proof of concept for a personalized email sending web application (like MailChimp, but with premade dynamic templates). The general structure is that I have my templates (different email templates that the user can choose from), the email object that the user is creating (from/to/subject), and his list of recipients with different fields (firstname/lastname/email address/etc). The web application will be multi-tenant so we need to have a flexible structure. My problem is the following:
Depending on the template the user chooses, the recipients will need more or less properties (home address/insurance type/promo code/gender/etc). One template can require only the basic recipient information and another one could require 50 different attributes. I will have a table Templates, a table PersonalizedFields with the TemplateID in it, so I can know which fields are required for my recipient datasource.
I am hesitating for the structure of the recipient object/table. At first I thought about E-A-V, but after reading about it, I am not so sure it is the best structure. I will be using Entity framework to interact with the database and one list of recipients can have 50k record with 0 to 50 (fringe cases) additional properties. The structure would be like this:
Another structure I am considering is putting the additional properties in a XML column, which will be convenient because the email composition tool I am planning on using takes XML but I will still need to process it:
Or maybe a third structure I am not aware of?
The original data will be read from an XLS(X)/CSV file and then written to the database, and later on read from the database to be formatted in XML strings.
What would be the best data structure?
The technology used for the proof of concept and the future project will be C#, ASP.NET MVC for the web application, ASP.NET MVC API for the service that will do the heavy lifting of the processing, and SQL Server 2008 for the database. Entity Framework will be used to interact with it.
A:
It looks like you want to fill out the email templates using only the unique data for each recipient. If this is true then I would recommend option 3. I would have a recipient table that is not directly linked to the email, but is instead linked to the email via a join table. I would also put a FK on the recipient table to the email sender. Then I would basically follow your EAV model.
This way your "recipient" table is more like a contact table for the sender. The EAV model allows you to easily select the custom data for the templates, gives you the ability to painlessly extend the data points, and gives you the opportunity to allow your users to create their own templates using the fields they want. The senders also win because they can reuse the 50+ data points for future emails because we decoupled the recipient table from the email.
|
1. Technical Field
This invention relates to a monitoring system and a monitoring terminal applicable to the monitoring system that detect and monitor a suspicious person in public places and issue a response instruction for the detected suspicious person to a guard.
2. Background Art
Conventionally, a monitoring system is used in public places, in which a plurality of monitoring camera terminals are used to detect a suspicious person and monitor (trace) the detected suspicious person. The suspicious person is a person having to be monitored (a monitoring target person), including not only a person having suspicious behavior but a person on the wanted list or the like. The monitoring system displays the imaged image of each monitoring camera terminal on a display device installed in a monitoring room so that the suspicious person can be monitored in the monitoring room.
Further, in order to reduce the burden of a observer that monitors the screen of the display device, the correspondence between the imaging areas (the monitoring areas) of the monitoring camera terminals is used to automatically change, depending on the travel of the suspicious person, the monitoring camera terminal for displaying the imaged image (see Japanese published unexamined application No. 2008-219570). Further, in Japanese published unexamined application No. 2008-219570, each monitoring camera terminal extracts the characteristics of a mobile object, and the time difference in which highly correlated characteristics are detected is used to estimate the correspondence (coupling related information) between the monitoring camera terminals. Patent Document 1: Japanese Patent Laid-Open Publication No. 2008-219570 |
Know EducationNow...
Waiter or Waitress
If you have charming personality and people skills then you can surely become waiter or waitress. Waiters and waitresses, also called servers, are responsible for ensuring that customers have a satisfying dining experience. The specific duties of servers vary considerably with the establishment in which they work.
Prepare itemized checks and hand them to customers and sometimes take payment
Clean and set up dining areas, refill condiments, roll silverware, and stock service areas
Skills of Waiter or Waitress
Communication skills: Waiters and waitresses must listen carefully to customers’ specific requests, and relay the information they get from the customers to the kitchen staff, so that orders are prepared to the customers’ satisfaction.Customer and personal-service skills: Waiters and waitresses spend most of their work time serving customers. They should be friendly and polite and be able to develop a natural rapport with customers.Good memory: Waiters and waitresses must keep customers’ orders straight. They also should be able to recall the faces, names, and food and drink preferences of frequent customers.People skills: Waiters and waitresses must be courteous, tactful, and attentive as they deal with customers in all circumstances. Physical stamina: Waiters and waitresses must be able to spend hours on their feet carrying heavy trays, dishes, and glassware.Team oriented: Busy dining hours can be hectic and fast paced, workers must be able to work well as a team to ensure that customers feel welcome and receive prompt service.Well-groomed and neat appearance: Waiters and waitresses are the front line of customer service in food service and drinking establishments, a neat appearance is often important. |
The Charleston Daily Mail is reporting that “two dozen organizations in northcentral West Virginia with ties to Rep. Alan Mollohan reportedly have been subpoenaed, and one nonprofit has reportedly shipped 160 cartons of documents to the U.S. Attorney for the District of Columbia.” A source states that “between 25 and 30 organizations in north central West Virginia who have received subpoenas that are extremely broad.” The head of two organizations, the Institute for Scientific Research and the West Virginia High Technology Consortium Foundation, states that “the complaint filed by the NLPC is nothing more than a witch hunt” and that he intends “to provide anything and everything I can to [prosecutors] to demonstrate” that his organizations are innocent of any violations. |
Q:
What should the water main connect to first: carbon filter or water softener?
I have an Amazon Gold carbon filter and water softener. It's not clear to me if the water main should go to the carbon filter first then to the water softener or vice versa. So, which goes first?
A:
The filter can help keep the softener from getting dirty while the filter doesn't care if it gets hard or soft water. So I'd have the filter first.
|
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---
abstract: 'For an amenable minimal topologically free dynamical system $\alpha$ of a group on a compact metrizable space $Z$ and for a compact metrizable space $Y$ satisfying a mild condition, we construct a minimal skew product extension of $\alpha$ on $Z\times Y$. This generalizes a result of Glasner and Weiss. We also study the pure infiniteness of the crossed products of minimal dynamical systems arising from this result. In particular, we give a generalization of a result of Rørdam and Sierakowski.'
address: 'Department of Mathematical Sciences, University of Tokyo, Komaba, Tokyo, 153-8914, Japan'
author:
- Yuhei Suzuki
title: Construction of minimal skew products of amenable minimal dynamical systems
---
Introduction {#Sec:intro}
============
Recall that a topological dynamical system $\Gamma \curvearrowright X$ is said to be minimal if every $\Gamma$-orbit is dense in $X$. It is an interesting question to ask that for a given group $\Gamma$ which space admits a minimal (topologically) free dynamical system of $\Gamma$. Certainly a space admitting a minimal $\Gamma$-dynamical system must have a nice homogeneity. However, this is not sufficient even for the simplest case, that is, the case $\Gamma=\mathbb{Z}$. For example, an obstruction from homological algebra shows that there is no minimal homeomorphism on even dimensional spheres $S^{2n}$ (see Chapter I.6 of [@Br] for instance).
In [@GW], Glasner and Weiss have shown the existence of minimal skew product extensions of a minimal homeomorphism under mild conditions. Their result in particular shows that many spaces admit a minimal homeomorphism. For example, it follows that there exists a minimal homeomorphism on the product of the Hilbert cube and $S^1$. This solved a question asked by T. Chapman [@Ch]. For certain amenable groups, their result is generalized in [@Ne]. (It also deals generalizations of other results in [@GW]; e.g., the existence of strictly ergodic skew products.) In this paper, following the argument of Glasner and Weiss in [@GW], we construct minimal skew products of amenable minimal topologically free dynamical systems (Theorem \[Thm:min\]). This provides many new examples of (amenable) minimal topologically free dynamical systems of exact groups.
We also study the reduced crossed product of these minimal skew products. Recall that a unital -algebra $A$ is purely infinite and simple if for any nonzero positive element $a\in A$, there is $b\in A$ with $b^{\ast} ab=1$. Pure infiniteness plays an important role in the study of -algebras. See [@Cun], [@Kir], [@KP], [@Phi], and [@Rord] for example. A -algebra is said to be a Kirchberg algebra if it is simple, separable, nuclear, and purely infinite. A deep theorem of Kirchberg [@Kir] and Phillips [@Phi] states that the Kirchberg algebras are classified in terms of the KK-theory. In particular, the Kirchberg algebras in the UCT class are classified by their K-theoretic data, and consequently each of which is isomorphic to the one constructed in [@Rord]. For these reasons, it is important to know whether a given -algebra is purely infinite. Obviously pure infiniteness implies other infiniteness properties; e.g., tracelessness, properly infiniteness. The latter conditions are easy to check in many situations. However, even in the nuclear case, Rørdam has constructed a counterexample for the converse implications [@Rord2]. See [@Ror] and the references therein for more information on pure infiniteness and Kirchberg algebras. In Section \[Sec:pi\], under certain assumptions on $Y$ and $\alpha\colon \Gamma \curvearrowright Z$, we show that the crossed products of many of dynamical systems obtained in our result are Kirchberg algebras in the UCT class (Proposition \[Prop:filling\]). For this purpose, we generalize the notion of the finite filling property, which is introduced in [@JR] for dynamical systems, to étale groupoids. It turns out that the generalized version is useful to construct minimal skew products with the purely infinite crossed products. This result is applied particularly to the case that $Y$ is a connected closed topological manifold and that $\alpha$ is a dynamical system on the Cantor set constructed in [@RS]. As a consequence, we generalize a result of Rørdam and Sierakowski [@RS], which is a result for the Cantor set, to the products of connected closed topological manifolds and the Cantor set (Theorem \[Thm:RS\]). This is the first generalization of their result, and shows that for topological dynamical systems, not only the structure of groups but also the structure of spaces is not an obstruction to form a Kirchberg algebra.
In Section \[Sec:free\], we study the K-theory of the crossed products of these minimal skew products in the free group case. Using the Pimsner–Voiculescu six-term exact sequence, we prove a K$\ddot{{\rm u}}$nneth-type formula for them. As an application, for any connected closed topological manifold $M$ and for any (non-amenable, countable) virtually free group $\Gamma$, we show that there exist continuously many amenable minimal free dynamical systems of $\Gamma$ on the product of $M$ and the Cantor set whose crossed products are mutually non-isomorphic Kirchberg algebras. This generalizes a result in [@Suz].
Spaces of dynamical systems {#spaces-of-dynamical-systems .unnumbered}
---------------------------
For a compact metrizable space $X$, let $\mathcal{H}(X)$ denote the group of homeomorphisms on $X$. We equip the metric $d$ on $\mathcal{H}(X)$ as follows. First let us fix a metric $d_X$ on $X$. Then define $$d(\varphi, \psi):=\max_{x\in X} (d_X(\varphi(x), \psi(x)))+\max_{x\in X}(d_X(\varphi^{-1}(x), \psi^{-1}(x)))$$ for $\varphi, \psi \in \mathcal{H}(X)$. It is not hard to check that the metric $d$ is complete and $\mathcal{H}(X)$ becomes a topological group with respect to $d$. Note that the sequence $(\varphi_n)_n$ in $\mathcal{H}(X)$ converges to $\varphi$ in this topology if and only if $\varphi_n$ uniformly converges to $\varphi$. For a countable group $\Gamma$, let $\mathcal{H}(\Gamma, X)$ denote the set of dynamical systems of $\Gamma$ on $X$, i.e., $\mathcal{H}(\Gamma, X)={\rm Hom}(\Gamma, \mathcal{H}(X))$. This set is naturally regarded as a closed subset of $\prod_{\Gamma}\mathcal{H}(X)$. Since $\Gamma$ is countable, this makes $\mathcal{H}(\Gamma, X)$ to be a complete metric space.
Next let $Y$ be a compact metrizable space and let $\mathcal{G} \curvearrowright Y$ be a continuous action of a topological group $\mathcal{G}$ on $Y$. Let $\alpha\colon \Gamma \curvearrowright Z$ be a topological dynamical system of a group $\Gamma$ on a compact metrizable space $Z$. Put $X=Z\times Y$. Recall that a continuous map $c\colon \Gamma \times Z \rightarrow \mathcal{G}$ is said to be a cocycle if it satisfies the equation $c(s, t.z)c(t, z)=c(st, z)$ for all $s, t\in \Gamma$ and $z\in Z$. When there is a continuous map $h\colon Z \rightarrow \mathcal{G}$ satisfying $c(s, z)=h(s.z)^{-1}h(z)$ for all $s\in \Gamma$ and $z\in Z$, the cocycle $c$ is said to be a coboundary. Each cocycle $c\colon \Gamma\times Z \rightarrow \mathcal{G}$ defines an extension of $\alpha$ on $X$ by the following equation. $$s.(z, y)=(s.z, c(s, z)y) {\rm \ for\ } s\in \Gamma {\rm\ and\ } (z, y)\in X.$$ Such an extension is called a skew product extension. Note that when $c$ is a coboundary, the associated skew product extension is conjugate to $\bar{\alpha}$. Here and throughout the paper, for a dynamical system $\alpha \colon \Gamma \curvearrowright Z$ and a compact space $Y$, we denote by $\bar{\alpha}$ the diagonal action of $\alpha$ and the trivial action on $Y$. Since the space $Y$ is always clear from the context, we omit $Y$ in our notation.
For a continuous map $h$ from $Z$ into $\mathcal{G}$, we have an associated homeomorphism $H$ on $X$ defined by the formula $H(z, y):=(z, h_z(y))$ for $(z, y)\in X$. We denote by $\mathcal{G}_s$ the set of homeomorphisms given in the above way. Obviously, $\mathcal{G}_s$ is a subgroup of $\mathcal{H}(X)$. For a topological dynamical system $\alpha\colon \Gamma \curvearrowright Z$, we define a subset $\mathcal{S}_{\mathcal{G}}(\alpha)$ of $\mathcal{H}(\Gamma, X)$ to be $$\mathcal{S}_{\mathcal{G}}(\alpha):=\{ H^{-1}\circ \bar{\alpha}\circ H: H\in \mathcal{G}_s\}.$$ We note that the set $\mathcal{S}_{\mathcal{G}}(\alpha)$ consists of skew product extensions of $\alpha$ by coboundaries. We denote by $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ the closure of $\mathcal{S}_{\mathcal{G}}(\alpha)$ in $\mathcal{H}(\Gamma, X)$. Note that any $\beta \in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ is a skew product extension of $\alpha$ on $X$ whose associated cocycle takes the value in $\overline{\mathcal{G}}$. Here $\overline{\mathcal{G}}$ denotes the closure of the image of $\mathcal{G}$ in $\mathcal{H}(X)$. In particular, when $\alpha$ is amenable, every dynamical system contained in $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ is amenable. Throughout the paper, we always fix metrics $d_Y$ and $d_Z$ on $Y$ and $Z$ respectively and consider the metric on $X=Z\times Y$ defined by $d_X((z_1, y_1), (z_2, y_2))= d_Y(y_1, y_2) + d_Z(z_1, z_2)$, and use these metrics to define metrics on the homeomorphism groups.
In Section \[Sec:pi\], we discuss étale groupoids. Throughout the paper, we always assume that étale groupoids are locally compact Hausdorff and their unit spaces are compact and infinite (as a set). For an étale groupoid $G$, we denote by $r$ and $s$ the range and source map unless they are specified. As usual, for a dynamical system $\alpha$ of a discrete group $\Gamma$ on a compact space $X$, we usually regard the transformation groupoid $X\rtimes _\alpha \Gamma$ as the following subspace of $X \times \Gamma \times X$. $$X\rtimes _\alpha \Gamma = \{ (\alpha_g(x), g, x)\in X \times \Gamma \times X: x\in X, g\in \Gamma\}.$$ Note that the range and source map correspond to the projections onto the first and third coordinate respectively. For detailed explanations and basic knowledges of étale groupoids, we refer the reader to Section 5.6 of [@BO].
Notation {#notation .unnumbered}
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- For a subset $U$ of a topological space, its closure and interior are denoted by ${\rm cl}(U)$ and ${\rm int}(U)$ respectively.
- For a $\ast$-homomorphism $\alpha$ between -algebras, denote by $\alpha_{\ast, i}$ the homomorphism induced on the $K_i$-groups.
- Denote by $\mathbb{K}$ the -algebra of all compact operators on $\ell^2(\mathbb{N})$.
- Let $A$ be a -algebra. For a projection $p$ in $A$ or $A\otimes \mathbb{K}$, denote by $[p]_0$ the element of $K_0(A)$ represented by $p$.
- For a compact space $X$, we denote $K_i(C(X))$ by $K^i(X)$ for short. (Note that this coincides with the usual definition of $K^i$-group.)
Construction of minimal skew product {#Sec:min}
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The goal of this section is to prove the following theorem. The proof is done by following the same line as that of Theorem 1 in [@GW].
Before the proof, recall that a dynamical system $\alpha\colon \Gamma \curvearrowright Z$ of a group $\Gamma$ on a compact metrizable space $Z$ is said to be amenable if there is a sequence of continuous maps $$\mu_n\colon Z \rightarrow {\rm Prob}(\Gamma)$$ satisfying $$\lim_{n\rightarrow \infty} \sup_{z\in Z}\| s.\mu_n^z- \mu_n^{s.z}\|_1 =0 {\rm\ for\ all\ }s\in \Gamma.$$ Here ${\rm Prob}(\Gamma)$ denotes the space of probability measures on $\Gamma$ with the pointwise convergence topology, and $\Gamma$ acts on ${\rm Prob}(\Gamma)$ by the left translation. It is shown by Ozawa [@Oz] that for discrete groups, the existence of an amenable action is equivalent to exactness. See [@Ana0] and [@BO] for more information on amenable actions. In the proof of the following theorem, we use amenability of dynamical systems to construct suitable continuous functions. In other word, amenability of dynamical systems plays the role of the Følner sets in the proof of Theorem 1 of [@GW].
\[Thm:min\] Let $\mathcal{G}\curvearrowright Y$ be a minimal action of a path connected group $\mathcal{G}$ on a compact metrizable space $Y$. Let $\alpha\colon \Gamma \curvearrowright Z$ be an amenable minimal topologically free dynamical system of a countable group $\Gamma$ on a compact metrizable space $Z$. Then the set $$\{\beta \in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha): \beta{\rm\ is\ minimal}\}$$ is a $G_\delta$-dense subset of $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$.
Let $\mathcal{G}\curvearrowright Y$ and $\alpha\colon \Gamma\curvearrowright Z$ be as in the statement. For an open set $U$ of $X=Z\times Y$, we define the subset $\mathcal{E}_U$ of $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ to be $$\mathcal{E}_U:=\{\beta\in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha):\bigcup_{g\in \Gamma}\beta_g(U)=X \}.$$ Since $X$ is compact, it is not hard to check that the set $\mathcal{E}_U$ is open in $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$.
Let $(U_n)_n$ be a countable basis of $X$. We observe that an element in $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ is minimal if and only if it is contained in $\bigcap_n \mathcal{E}_{U_n}$. Therefore, thanks to the Baire category theorem, our claim follows once we show the density of $\mathcal{E}_U$ in $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ for each non-empty open set $U$ in $X$. To see this, it is enough to show the following claim. For any $H\in \mathcal{G}_s$ and any non-empty open set $U\subset X$, $H^{-1}\circ\bar{\alpha}\circ H \in {\rm cl}(\mathcal{E}_U).$ This is equivalent to the condition $\bar{\alpha}\in {\rm cl}(H\mathcal{E}_UH^{-1})$. A direct computation shows that $H\mathcal{E}_UH^{-1}=\mathcal{E}_{H(U)}$. Since $H(U)$ is again a non-empty open set, now it is enough to show the following statement. For any non-empty open set $U\subset X$, we have $\bar{\alpha}\in {\rm cl}(\mathcal{E}_U)$. Now let $U$ be a non-empty open set in $X$. Let $S$ be a finite subset of $\Gamma$ and let $\epsilon>0$. Take non-empty open sets $V\subset Y$ and $W\subset Z$ with $W\times V\subset U$. By assumption, there are $\tilde{h}_0, \ldots, \tilde{h}_n\in \mathcal{G}$ satisfying $\bigcup_{0\leq i\leq n} \tilde{h}_i(V)=Y$. Since $\mathcal{G}$ is path-connected, there is a continuous map $h \colon [0, 1]\rightarrow \mathcal{G}$ satisfying $h_{i/n}=\tilde{h}_i$ for $0\leq i\leq n$. By the continuity of $h$, there is $\delta>0$ such that the condition $|t_1-t_2|<\delta$ implies $d(h_{t_1}^{-1}h_{t_2}, {\mbox{\rm id}}_Y)<\epsilon$. Now we use the amenability of $\alpha$ to choose a continuous map $\mu\colon Z\rightarrow {\rm Prob}(\Gamma)$ satisfying $\sup_{z\in Z}\|s.\mu^z-\mu^{s.z}\| _1<\delta$ for all $s\in S$. By perturbing $\mu$ within a small error and replacing $W$ by a smaller one, we may assume that there is a finite set $F\subset \Gamma$ such that ${\rm supp}(\mu^w)\subset F$ for all $w\in W$. (Cf. Lemma 4.3.8 of [@BO].) Since $\alpha$ is topologically free, by replacing $W$ by a smaller one further, we may assume that the open sets $(g.W)_{g\in F^{-1}}$ are mutually disjoint. Since $W$ is a locally compact metrizable space without isolated points, we can choose a compact subset $K$ of $W$ homeomorphic to the Cantor set. (To see this, take a sequence of families $((K_{i_1, \ldots, i_n})_{0\leq i_1, \ldots, i_n \leq 1})_{n\in \mathbb{N}}$ satisfying the following conditions. Each family $(K_{i_1, \ldots, i_n})_{i_1, \ldots, i_n}$ consists of pairwise disjoint closed subsets of $W$ with non-empty interior, $K_{i_1, \ldots, i_n}\subset K_{i_1, \ldots, i_{n-1}}$ for any $i_1, \ldots, i_n$, and $\max_{i_1, \ldots, i_n}\{ {\rm diam}(K_{i_1, \ldots, i_n})\}$ converges to $0$ as $n$ tends to infinity. Then the set $\bigcap_n \bigcup _{i_1, \ldots, i_n} K_{i_1, \ldots, i_n}$ gives the desired subset.)
Next take a continuous surjection $\theta_0\colon K\rightarrow [0, 1]$. Extend $\theta_0$ to a map $\bigsqcup_{g\in F^{-1}} g K\rightarrow [0, 1]$ by the formula $\theta_0(g.z):=\theta_0(z)$ for $g\in F^{-1}$ and $z\in K$. Then take a continuous extension $\tilde{\theta}\colon Z\rightarrow [0, 1]$ of $\theta_0$. Using $\tilde{\theta}$ and $\mu$, we define $\theta\colon Z\rightarrow [0, 1]$ by $$\theta(z):=\sum_{g\in \Gamma}\mu^z(g^{-1})\tilde{\theta}(g.z).$$ Note that the continuity of $\tilde{\theta}$ and $\mu$ implies that of $\theta$. For $z\in K$, since ${\rm supp}(\mu^z)\subset F$, we have $\theta(z)=\theta_0(z)$. In particular, $\theta(K)=[0, 1]$. Moreover, for $z\in Z$ and $s\in S$, we have $$\begin{aligned}
|\theta(s.z)-\theta(z)|&=& |\sum_{g\in \Gamma}(\mu^{s.z}(g^{-1})\tilde{\theta}(gs.z)-\mu^{z}(g^{-1})\tilde{\theta}(g.z))|\\
&=&|\sum_{g\in \Gamma}(\mu^{s.z}(g^{-1})\tilde{\theta}(gs.z)-\mu^{z}(s^{-1}g^{-1})\tilde{\theta}(gs.z))|\\
&\leq&\|\mu^{s.z}-s.\mu^z\|_1\\
&<&\delta.\end{aligned}$$
Now define the map $g\colon Z\rightarrow \mathcal{G}$ by $g_z:=h_{\theta(z)}$ for $z\in Z$. We will show that the corresponding homeomorphism $G\in \mathcal{G}_s$ satisfies the following conditions.
1. $d(\bar{\alpha}_s, G^{-1}\circ \bar{\alpha}_s \circ G)<\epsilon$ for $s\in S$.
2. $G^{-1}\circ \bar{\alpha} \circ G\in \mathcal{E}_U$.
Since $U$, $\epsilon$, and $S$ are arbitrarily, this ends the proof. Let $s\in S$ and $(z, y)\in X$. Then a direct computation shows that $$(G^{-1}\circ \bar{\alpha}_s \circ G)(z, y)
=(\alpha_s(z), g_{s.z}^{-1} g_z(y)).$$ Since $d(g_{s.z}^{-1} g_z, {\mbox{\rm id}}_Y)< \epsilon$ for all $z \in Z$, we obtain the first condition.
For the second condition, note that $G^{-1}\circ \bar{\alpha} \circ G\in \mathcal{E}_U$ if and only if $\bigcup_{g\in \Gamma} \bar{\alpha}_g (G(U))=X$ holds. By the choice of $G$, for any $0\leq i \leq n$, there is $w\in W$ satisfying $g_w= \tilde{h}_{i}$. It follows that for any $0\leq i \leq n$, there is $w\in W$ with $\{w \}\times \tilde{h}_i(V)\subset G(U)$. Since $\bigcup_i \tilde{h}_i(V)=Y$, this shows that for any $y\in Y$, the intersection $(Z\times \{y\}) \cap G(U)$ is non-empty (which is open in $Z\times \{y \}$). This with the minimality of $\alpha$ shows that $\bigcup_{g\in \Gamma}\bar{\alpha}_g(G(U))=X$.
Theorem \[Thm:min\] does not hold when $Z$ is not metrizable. To see this, consider a minimal subsystem $\alpha\colon \Gamma \curvearrowright Z$ of $\Gamma \curvearrowright \beta \Gamma$. (Note that $\alpha$ is amenable when $\Gamma$ is exact.) Then $\alpha$ is the universal minimal $\Gamma$-system (see Theorem 1.24 of [@Gla]). Thus it does not have a nontrivial minimal extension.
Let $\alpha\colon \Gamma \curvearrowright Z$ be a minimal topologically free dynamical system of an amenable group $\Gamma$ whose crossed product is quasi-diagonal. Then for any $\beta \in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$, its crossed product is quasi-diagonal. Indeed, since $\beta$ is a limit of conjugations of $\bar{\alpha}$, there is a continuous field of -algebras over $\mathbb{N}\cup \{\infty \}$, the one-point compactification of $\mathbb{N}$, whose fiber at $n\in \mathbb{N}$ is isomorphic to $C(Y)\otimes (C(Z)\rtimes_\alpha \Gamma)$ and the one at $\infty$ is isomorphic to $C(X)\rtimes _\beta \Gamma$. (See Corollary 3.6 of [@Rie].) Now Lemma 3.10 of [@CDE] proves the quasi-diagonality of $C(X)\rtimes _\beta \Gamma$.
Pure infiniteness of crossed products of minimal skew products {#Sec:pi}
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Finite filling property for étale groupoids
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To study the pure infiniteness of crossed products of dynamical systems arising from Theorem \[Thm:min\], we introduce a notion of the finite filling property for étale groupoids. First recall from [@JR] the finite filling property for dynamical systems. Although their definition and result also cover noncommutative -dynamical systems, in this paper, we concentrate on the commutative case. See [@JR] for the general case. We remark that, although the following formulation is slightly different from the original one, it is easily checked that they are equivalent. (Cf. Definition 0.1, Proposition 0.3, and Remark 0.4 of [@JR].)
A dynamical system $\Gamma\curvearrowright X$ is said to have the $n$-filling property if for any non-empty open set $U$ of $X$, there are $n$ elements $g_1, \ldots, g_n \in \Gamma$ with $\bigcup_{i=1}^n g_i(U)=X$. We say that a dynamical system has the finite filling property if it has the $n$-filling property for some $n\in \mathbb{N}$.
Note that the finite filling property implies minimality. In [@JR], it is shown that the finite filling property of a topological dynamical system implies the pure infiniteness of the reduced crossed product by a similar way to the one in [@LaS]. However, as shown in [@JR], the $n$-filling property is inherited to factors. This makes the usage of the $n$-filling property restrictive in our application. To avoid this difficulty, we introduce a notion of the finite filling property for étale groupoids, which can be regarded as a localized version of [@JR]. This helps to construct minimal skew products with the purely infinite reduced crossed product.
Next we recall that a subset $U$ of an étale groupoid $G$ is said to be a $G$-set if both the range and source map are injective on $U$. For two $G$-sets $U$ and $V$, we set $UV:=\{uv\in G: u\in U, v\in V, s(u)= r(v)\}$. Obviously it is again a $G$-set. Furthermore, if both $U$ and $V$ are open, then $UV$ is again open. Recall also that an étale groupoid is said to be minimal if for any $x\in G^{(0)}$, the set $\{r(u):u\in G, s(u)=x\}$ is dense in $G^{(0)}$. Note that the unit space $G^{(0)}$ has no isolated points whenever $G$ is minimal. (Recall that $G^{(0)}$ is always assumed to be infinite.)
Let $G$ be an étale groupoid. For a natural number $n$, we say that $G$ has the $n$-filling property if every non-empty open set $W$ of $G^{(0)}$ satisfies the following conditon. There are $n$ open $G$-sets $U_1, \ldots, U_n$ satisfying $$\bigcup_{i=1}^n r(U_i W)=G^{(0)}.$$ For short, we say that a dynamical system has the weak $n$-filling (resp. weak finite filling) property if its transformation groupoid has the $n$-filling (resp. finite filling) property.
Obviously, for dynamical systems, the $n$-filling (resp. finite filling) property implies the weak $n$-filling (resp. weak finite filling) property. However, the converses are not true.
We also remark that it is possible to define the weak finite filling property without going through the transformation groupoid. However, this specialization does not make the arguments below easier and this generality makes notation simpler. Considering applications elsewhere also, we study the property under this generality.
When the unit space $G^{(0)}$ has finite covering dimension, we have a useful criteria for the finite filling property. The following definition is inspired from [@Mat] and [@RS].
We say that an étale groupoid $G$ is purely infinite if for any non-empty open set $U$ of $G^{(0)}$, there is a non-empty open subset $V$ of $U$ with the following condition. There are open $G$-sets $U_1$ and $U_2$ such that $r(U_i) \subset V\subset s(U_i)$ for $i= 1, 2$ and $r(U_1)$ and $r(U_2)$ are disjoint. We say that a dynamical system is purely infinite if its transformation groupoid is purely infinite.
We remark that Matui [@Mat] has introduced pure infiniteness for totally disconnected étale groupoids for the study of the topological full groups. Clearly, our definition is weaker than Matui’s one. We will see later that our definition of pure infiniteness coincides with Matui’s one for minimal totally disconnected étale groupoids.
\[Prop:pifill\] Let $G$ be a minimal purely infinite étale groupoid and assume that $\dim(G^{(0)})=n<\infty$. Then $G$ has the $(n+1)$-filling property.
Let $U$ be a non-empty open subset of $G^{(0)}$. Replacing $U$ by a smaller one, we may assume that there are open $G$-sets $U_1$ and $U_2$ such that $r(U_i)\subset U\subset s(U_i)$ for $i=1, 2$ and $r(U_1)$ and $r(U_2)$ are disjoint. We first show that for any $N\in \mathbb{N}$, there are $N$ open $G$-sets $V_1, \ldots, V_N$ satisfying $r(V_i)\subset U\subset s(V_i)$ for $i=1, \ldots, N$ and the ranges $r(V_1), \ldots, r(V_N)$ are mutually disjoint. To see this, first take $M\in \mathbb{N}$ with $2^M\geq N$ and then take $N$ mutually distinct elements from the set $$\{U_{i_1} U_{i_2} \cdots U_{i_M}: i_k=1 {\rm\ or\ }2 {\rm\ for\ each\ }k\}.$$ Then it gives the desired sequence.
By the compactness of $G^{(0)}$ and the minimality of $G$, for some natural number $N$, there are $N$ open $G$-sets $W_1, \ldots, W_N$ with $\bigcup_{i=1}^N r(W_i U)=G^{(0)}.$ Take $N$ open $G$-sets $V_1, \ldots, V_N$ as in the previous paragraph and put $Z_i:=W_i V_i^{-1}$ for each $i$. Then we have $$\bigcup_{i=1}^N r(Z_i U)\supset \bigcup_{i=1}^N r(W_i U)=G^{(0)}.$$ Note that since $s(Z_i)\subset r(V_i)$, the sources of $Z_i$’s are mutually disjoint. Since $\dim (G^{(0)})=n$, we can choose a refinement $(Y_j)_{j\in J}$ of $(r(Z_i U))_{i=1} ^N$ with the decomposition $J=J_0\sqcup J_1 \sqcup \cdots \sqcup J_n$ such that the members of the family $(Y_j)_{j\in J_k}$ are mutually disjoint for each $k$. Choose a map $\varphi\colon J \rightarrow \{1, \ldots, N \}$ satisfying $Y_j \subset r(Z_{\varphi(j)} U)$ for each $j\in J$. Set $X_k:= \bigcup_{j\in J_k} Y_j Z_{\varphi(j)}$ for each $k$. Then it is not hard to check that each $X_k$ is an open $G$-set and that $r(X_k U)=\bigcup_{j\in J_k}Y_j$. This shows $\bigcup_{k=0}^{n}r(X_k U)=G^{(0)}$.
\[Rem:pi\] The argument in Remark 4.12 of [@Mat] shows that for totally disconnected étale groupoids, the finite filling property implies pure infiniteness in Matui’s sense. Thus for a minimal totally disconnected étale groupoid $G$, pure infiniteness in Matui’s sense [@Mat], that in our sense, the finite filling property, and the $1$-filling property are equivalent. (Here total disconnectedness is used to replace open $G$-sets by clopen ones.)
Next we see a few examples of dynamical systems with the weak finite filling property. The following three examples are particularly important for us. See [@JR] for more examples of dynamical systems with the finite filling property.
\[Exm:1fill\] It follows from the proof of Theorem 6.11 of [@RS] that every countable non-amenable exact group admits an amenable minimal free purely infinite dynamical system on the Cantor set. (To see this, use the equivalence of conditions (i) and (iii) in Proposition 5.5 in the proof of Proposition 6.8.) By Proposition \[Prop:pifill\], it has the weak $1$-filling property. We remark that these dynamical systems almost never have the finite filling property.
Recall that a manifold is said to be closed if it is compact and has no boundaries.
\[Lem:man\] Let $M$ be a connected closed topological manifold. Let $\mathcal{H}_0(M)$ denote the path connected component of $\mathcal{H}(M)$ containing the identity. Then the action $\mathcal{H}_0(M)\curvearrowright M$ has the finite filling property.
It is not hard to show that the above action is transitive by using the connectedness of $M$ with the fact that $M$ is locally homeomorphic to $\mathbb{R}^n$.
Take an open cover $U_1, \ldots, U_N$ of $M$ each of which is homeomorphic to $\mathbb{R}^n$. We show that for any non-empty open set $V$ in $M$, for any $i$, and for any compact subset $K$ of $U_i$, there is an element $g\in \mathcal{H}_0(M)$ with $g(V)\supset K$. Since $M$ is compact, the claim with a standard argument for compactness shows the $N$-filling property of the action in the question. Since the action is transitive, replacing $V$ by $g(V)$ for a suitable $g\in \mathcal{H}_0(X)$ and replacing it by a smaller one further, we may assume that $V$ is contained in $U_i$. Take a homeomorphism $\varphi\colon U_i\rightarrow \mathbb{R}^n$ satisfying $0 \in \varphi(V)$. Take a sufficiently large positive number $\lambda >0$ with $\varphi(K)\subset \lambda\varphi(V)$. Then choose a continuous function $f\colon \mathbb{R}_{\geq 0} \rightarrow \mathbb{R}_{\geq 0}$ satisfying the following conditions.
1. For $t \leq {\rm diam}(\varphi(V))$, we have $f(t)=\lambda$.
2. For all sufficiently large $t$, we have $f(t)= 1$.
3. The function $t\mapsto tf(t)$ is strictly monotone increasing.
Now set $\varphi_f(x):=\varphi^{-1}(f(\| \varphi(x)\|) \varphi(x))$ for $x\in U_i$. Here $\|\cdot \|$ denotes the Euclidean norm on $\mathbb{R}^n$. From the assumptions on $f$, the map $\varphi_f$ is a homeomorphism on $U_i$ satisfying $K \subset \varphi_f(V)$. We extend $\varphi_f$ to a homeomorphism $\psi_f$ on $M$ as follows. $$\psi_f(x):=\left\{ \begin{array}{ll}
\varphi_f(x) & {\rm if\ } x\in U_i \\
x &{\rm if\ } x\in M\setminus U_i\\
\end{array}.\right.$$ It is clear from the properties of $f$ that $\psi_f$ is indeed a homeomorphism on $M$. Clearly we have $K \subset \psi_f(V)$. Moreover, the map $t\in [0, 1] \mapsto \psi_{(1-t)f+ tk}$ defines a continuous path in $\mathcal{H}(M)$ from $\psi_f$ to the identity. Here $k$ denotes the constant function of value $1$ defined on $\mathbb{R}_{\geq 0}$. Thus we have $\psi_f \in \mathcal{H}_0(M)$.
Next we see examples of finite filling actions of path-connected groups on infinite dimensional spaces. Let $Q:=\prod_{\mathbb{N}} [0, 1]$ be the Hilbert cube. Recall that a topological space is said to be a Hilbert cube manifold if there is an open cover each of the member is homeomorphic to an open subset of $Q$. It is not hard to show that open subsets of $Q$ in the definition can be taken to be $[0, 1)\times Q$. (See Theorem 12.1 of [@Ch] for instance.) Obvious examples are $Q$ itself and the product of $Q$ and a topological manifold (possible with boundary). We refer the reader to [@Ch] for more information of Hilbert cube manifolds.
\[Lem:Qman\] Let $M$ be a connected compact Hilbert cube manifold. Then the action $\mathcal{H}_0(M)\curvearrowright M$ has the finite filling property.
We first show the following claim. For any open subset $U$ of $[0, 1)\times [0, 1]^n$ of the form $(a, b)^n\times [0, 1]$ ($0<a<b < 1$) and for any compact subset $K$ of $[0, 1)\times [0, 1]^n$, there is a homeomorphism $h\in \mathcal{H}_{c, 0}([0, 1) \times [0, 1]^n)$ satisfying $K \subset h(U)$. Here, for a locally compact metrizable space $Y$, $\mathcal{H}_{c, 0}(Y)$ denotes the subgroup of homeomorphisms on $Y$ defined as follows. First we define $\mathcal{H}_{c}(Y)$ to be the group of homeomorphisms on $Y$ which coincide with the identity off a compact subset. Then we identify $\mathcal{H}_{c}(Y)$ with the inductive limit of subgroups of homeomorphism groups of compact subsets of $Y$ in the natural way. Then we topologize $\mathcal{H}_{c}(Y)$ with the inductive topology. Now we define $\mathcal{H}_{c, 0}(Y)$ to be the path-connected component of $\mathcal{H}_{c}(Y)$ containing the identity with respect to this topology. To show the claim, we first construct a homeomorphism $h_1 \in \mathcal{H}_{c, 0}([0, 1)\times [0, 1]^n)$ satisfying $h_1(\{0 \}\times [0, 1]^n) \subset (a, b)^n\times [0, 1]$ in a similar way to the proof of Lemma \[Lem:man\]. Then, since $h_1$ is a homeomorphism, there is a positive number $\delta>0$ satisfying $h_1([0, \delta)\times [0, 1]^n )\subset (a, b)^n\times [0, 1].$ On the one hand, it is easy to find $h_2 \in \mathcal{H}_{c, 0}([0, 1)\times [0, 1]^n)$ satisfying $K \subset h_2([0, \delta)\times [0, 1]^n).$ Now the homeomorphism $h:=h_2\circ h_1^{-1}$ satisfies the required condition.
Next we observe that for any compact metrizable space $X$ and its open subset $U$, any $h\in \mathcal{H}_{c, 0}(U)$ extends to a homeomorphism $\tilde{h}$ in $\mathcal{H}_0(X)$ by defining $\tilde{h}(x)=x$ off $U$. Now thanks to the claim in the previous paragraph with this observation, the rest of the proof can be completed by a similar way to that of Lemma \[Lem:man\].
We next show that the finite filling property gives a sufficient condition for the pure infiniteness of the reduced groupoid -algebra. Recall from [@Mat] that an étale groupoid $G$ is said to be essentially principal if the interior of the set $\{g\in G: r(g)=s(g)\}$ coincides with $G^{(0)}$. Note that for transformation groupoids, this condition is equivalent to the topological freeness of the original dynamical system.
\[Prop:pi\] Let $G$ be an étale groupoid with the finite filling property. Assume further that $G$ is essentially principal. Then the reduced groupoid -algebra ${\rm C}^\ast_{\rm r}(G)$ is purely infinite and simple. In particular, if $G$ is additionally assumed to be second countable and amenable, then ${\rm C}^\ast_{\rm r}(G)$ is a Kirchberg algebra in the UCT class.
We note that the last statement immediately follows from the first one since the reduced groupoid -algebra of an amenable étale groupoid is nuclear (see Theorem 5.6.18 of [@BO]) and is in the UCT class [@Tu]. To show the main statement, we need the following lemma, which is the analogue of Lemma 1.5 of [@JR].
\[Lem:pi\] Let $G$ be an étale groupoid with the $n$-filling property. Let $b$ be a positive element in $C(G^{(0)})$ with norm one. Then for any $\epsilon>0$, there is $c\in {\rm C}^\ast_{\rm r}(G)$ such that $\|c \|\leq \sqrt{n}$ and $c^\ast b c\geq 1-\epsilon$.
Set $U:=\{x\in G^{(0)}: b(x)>1-\epsilon\}$. Take $n$ mutually disjoint non-empty open subsets $U_1, \ldots, U_n$ of $U$. Since $G$ is minimal, there are $n$ open $G$-sets $V_1, \ldots, V_n$ with the property that the intersection $\bigcap_i r(V_i U_i)$ is non-empty. Using the $n$-filling property of $G$ with this observation, we can find $n$ open $G$-sets $W_1, \ldots, W_n$ satisfying $$\bigcup_{i=1}^n r(W_i U_i)=G^{(0)}.$$ By replacing $W_i$ by $W_i U_i$, we may assume $s(W_i)\subset U_i$. Since $G$ is locally compact and $G^{(0)}$ is compact, replacing each $W_i$ by a smaller one if necessary, we may assume further that each $W_i$ is relatively compact in $G$. Since $G$ is locally compact, for each $i$, it is not hard to find an increasing net $(W_{i, \lambda})_{\lambda \in \Lambda}$ of open subsets of $W_i$ that satisfies the following conditions. The closure of $W_{i, \lambda}$ in $G$ is contained in $W_i$ for each $\lambda$, and the union $\bigcup_\lambda W_{i, \lambda}$ is equal to $W_i$. Since the unit space $G^{(0)}$ is compact, there is $\lambda \in \Lambda$ satisfying $\bigcup_{i=1}^n r(W_{i, \lambda})= G^{(0)}$. Now fix such $\lambda$ and put $Z_i:= {\rm cl}(W_{i, \lambda})$ for each $i$. Then, by the choice of $W_{i, \lambda}$, the $Z_i$ is a compact $G$-set. Moreover we have $$G^{(0)} = \bigcup_{i=1}^n r(W_{i, \lambda})\subset \bigcup_{i=1}^n r(Z_i).$$ Now for each $i$, take a continuous function $f_i \in C_c(G)$ satisfying the following conditions.
1. $0 \leq f_i \leq 1.$
2. ${\rm supp}(f_i)\subset W_i$.
3. $f_i\equiv 1$ on $Z_i$.
(Since $Z_i$ and the closure of $W_i$ in $G$ are compact, such function exists.) Since $W_i$ is a $G$-set, these conditions imply that $f_i \ast f_i^\ast \in C(G^{(0)})$ and that $f_i \ast f_i^\ast \leq 1$. Since the sets $s(W_1), \ldots, s(W_n)$ are mutually disjoint, we have $f_i \ast f_j^\ast =0$ for two distinct $i$ and $j$. Now put $c:=\sum_{i=1}^n f_i^\ast$. The above observations show that $c^\ast \ast c\in C(G^{(0)})$ and that $c^\ast \ast c \leq n$. Thus $\|c\| \leq \sqrt{n}$. Since the $G$-sets $W_1, \ldots, W_n$ have mutually disjoint sources, we also get $c^\ast \ast b \ast c\in C(G^{(0)})$. Since $s(W_i)\subset U$ for each $i$ and $\bigcup_{i=1}^n r(Z_i)=G^{(0)}$, we further obtain $c^\ast \ast b \ast c\geq 1-\epsilon.$
The rest of the proof is basically the same as that in [@JR]. We first observe that since $G$ is essentially principal, it is not hard to show that for any $b\in C_c(G)$ and $\epsilon>0$, there is a positive element $y\in C(G^{(0)})$ with norm one satisfying $yby=yE(b)y$ and $\|yby \|> \|E(b)\|-\epsilon$, where $E$ denotes the restriction map $C_c(G)\rightarrow C(G^{(0)})$. Note that the map $E$ extends to a faithful conditional expectation on ${\rm C}^\ast_{\rm r}(G)$. From this with Lemma \[Lem:pi\], for any positive element $b\in C_c(G)$ with $\| E(b)\|=1$, there is an element $c\in C_c(G^{(0)})$ satisfying $\|c\|\leq \sqrt{n}$ and $c^{\ast} b c\geq 1/2.$ Since the norm of $c$ is bounded by the fixed constant $\sqrt{n}$, now a standard argument completes the proof.
Minimal skew products with purely infinite crossed products
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Now using the finite and weak finite filling property, we construct minimal skew products whose crossed products are purely infinite.
\[Prop:filling\] Let $\alpha\colon \Gamma \curvearrowright Z$ be an amenable topologically free dynamical system with the weak $n$-filling property. Let $\mathcal{G}\curvearrowright Y$ be a minimal dynamical system of a path connected group $\mathcal{G}$ with the $m$-filling property. Then the set $$\left\{ \beta\in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha): \beta {\rm \ has\ the\ weak\ }(nm){\rm \mathchar`-filling\ property}\right\}$$ is a $G_\delta$-dense subset of $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha).$
For an open set $U$ of $X=Z\times Y$, let $\mathcal{F}_U$ denote the set of elements $\beta$ of $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ satisfying the following condition. There are $nm$ open $G_ \beta$-sets $V_1, \ldots, V_{nm}$ with $\bigcup_i r(V_iU)= X$. Here $G_\beta$ denotes the transformation groupoid $X\rtimes_\beta \Gamma$ of $\beta$. Then for a countable basis $(U_n)_n$ of $X$, the set in the question coincides with the intersection $\bigcap_n \mathcal{F}_{U_n}$. Hence it suffices to show that each $\mathcal{F}_U$ is open and dense in $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$.
We first show the openness of $\mathcal{F}_U$. Let $\beta \in \mathcal{F}_U$. Let $V_1, \ldots, V_{nm}$ be open $G_\beta$-sets as above. Replacing $V_i$’s by smaller ones, we may assume that they are relatively compact in $G_\beta$ and that the sources $s(V_i)$ are contained in $U$. Set $F:=\pi(\bigcup_i V_i)$, where $\pi\colon X\rtimes_\beta \Gamma \rightarrow \Gamma$ denotes the projection onto the second coordinate. Since each $V_i$ is relatively compact in $G_\beta$, the set $F$ is a finite subset of $\Gamma$. Now we apply the argument in the proof of Lemma \[Lem:pi\] to $(V_i)_i$ to choose compact $G_\beta$-sets $W_1, \ldots, W_{nm}$ with the following properties. The $W_i$ is contained in $V_i$ for each $i$ and the union $\bigcup_i r({\rm int}(W_i))$ is equal to $X$. Now for a $G_\beta$-set $W$ and $g\in \Gamma$, define the subset $W_g\subset X$ to be $r(W\cap \pi^{-1}(\{g\})).$ Then, for each $i$, the sets $(W_{i, g})_{g\in F}$ are mutually disjoint compact sets in $X$. Moreover, the union $\bigcup_{i, g}{\rm int}(W_{i, g})$ is equal to $X$.
For $W \subset X$ and $\delta >0$, we define the (open) subsets $\mathcal{N}_\delta(W)$ and $\mathcal{I}_\delta(W)$ of $X$ as follows. $$\mathcal{N}_\delta(W) := \bigcup_{x\in W} B(x, \delta),$$ $$\mathcal{I}_\delta(W):=\{x\in X: {\rm there\ is\ }\eta>\delta {\rm \ with\ }B(x, \eta)\subset W\}.$$ Here for $x \in X$ and $\eta >0$, $B(x, \eta)$ denotes the open ball of center $x$ and radius $\eta$. Then, from the properties of $W_i$’s and the compactness of $X$, for a sufficiently small positive number $\delta >0$, the following conditions hold. The sets $(\mathcal{N}_\delta(W_{i, g}))_g$ are mutually disjoint for each $i$ and the sets $(\mathcal{I}_\delta(W_{i, g}))_{i, g}$ cover $X$. We fix such positive number $\delta$. From the first condition, for any $\gamma \in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$ satisfying $d(\gamma_s, \beta_s)< \delta$ for all $s\in F$, each $W_i$ is a $G_\gamma$-set. Here $W_i$ is regarded as a subset of $G_\gamma$ by identifying the transformation groupoids with the set $\Gamma \times X$ by ignoring the first coordinates. Let $r_\beta$ and $r_\gamma$ denote the range map of $G_\beta$ and $G_\gamma$ respectively. Then we have $$\bigcup_i r_\gamma ({\rm int} (W_i))\supset \bigcup_i \mathcal{I}_\delta ( r_\beta ({\rm int} (W_i)))
= \bigcup_{i, g} \mathcal{I}_\delta(W_{i, g}) =X.$$ Therefore we have $\gamma \in \mathcal{F}_U$, which proves the openness of $\mathcal{F}_U$.
To show the density of $\mathcal{F}_U$, by the similar reason to that in the proof of Theorem \[Thm:min\], it suffices to show the following statement. For any $\epsilon >0$ and any finite subset $S\subset \Gamma$, there is a homeomorphism $H \in \mathcal{G}_s$ satisfying the following conditions.
1. $d(\bar{\alpha}_s, H^{-1}\circ \bar{\alpha}_s \circ H)<\epsilon$ for $s\in S$.
2. $H^{-1}\circ \bar{\alpha}\circ H\in \mathcal{F}_U$.
Replacing $U$ by a smaller open set, we may assume $U=W\times V$ for some $W\subset Z$ and $V\subset Y$. By the $m$-filling property of $\mathcal{G}\curvearrowright Y$, we can choose $m$ elements $\tilde{h}_1, \ldots, \tilde{h}_m$ of $\mathcal{G}$ with $\bigcup_i \tilde{h}_i(V)= Y$. Now proceeding the same argument as in the proof of Theorem \[Thm:min\], we get a continuous map $g\colon Z\rightarrow \mathcal{G}$ with the following conditions.
1. $d(g_{s.z}^{-1}g_z, {\mbox{\rm id}}_Y)<\epsilon$ for all $z\in Z$ and $s\in S$.
2. There are $m$ elements $w_1, \ldots, w_m$ in $W$ with the condition $\bigcup_i {g_{w_i}}(V)=Y$.
Let $H \in \mathcal{G}_s$ be the element corresponding to $g$. Then from the first condition, we conclude $d(\bar{\alpha}_s, H^{-1}\circ \bar{\alpha}_s \circ H)<\epsilon$ for $s\in S$. To show $\beta := H^{-1}\circ \bar{\alpha} \circ H\in \mathcal{F}_U$, it suffices to show the following claim. There are $nm$ open $G_{\bar{\alpha}}$-sets $W_1, \ldots, W_{nm}$ with $\bigcup_i r(W_i H(U))=X.$ Indeed the sets $$\{(H^{-1}(z), s, H^{-1}(w))\in X \times \Gamma \times X: (z, s, w)\in W_i\}\ (i=1, \ldots, nm)$$ then define the desired open $G_\beta$-sets. To show the claim, first note that since $g$ is continuous, there are an open subset $U_i$ of $U$ containing $w_i$ for $i=1, \ldots, m$ and an open covering $(V_i)_{i=1}^m$ of $Y$ satisfying the following condition. For any $z\in U_i$, we have $V_i \subset g_z(V)$. From these conditions, we have $H(U)\supset \bigcup_{i=1}^m(U_i \times V_i)$. Now for each $1\leq i \leq m$, take $n$ open $G_\alpha$-sets $W_{i, 1}, \ldots, W_{i, n}$ with $\bigcup_{j=1}^n r(W_{i, j} U_i)=Z$. For each $1\leq i \leq m$ and $1\leq j \leq n$, set $Z_{i, j}:=\varphi^{-1}(W_{i, j})$, where $\varphi\colon G_{\bar{\alpha}}\rightarrow G_\alpha$ denotes the canonical quotient map. Then each $Z_{i, j}$ is an open $G_{\bar{\alpha}}$-set and we further get $$\bigcup_{i, j} r_{\bar{\alpha}} (Z_{i, j} H(U))\supset \bigcup_{i, j} r_{\bar{\alpha}} (Z_{i, j} (U_i \times V_i))=\bigcup_{i, j} (r_\alpha(W_{i, j}U_i)\times V_i) =X.$$
In [@RS], Rørdam and Sierakowski have shown that every countable non-amenable exact group admits an amenable minimal free dynamical system on the Cantor set whose crossed product is a Kirchberg algebra in the UCT class. Proposition \[Prop:filling\] particularly gives an extension of their result to more general spaces.
\[Thm:RS\] Let $M$ be a connected closed topological manifold, a connected compact Hilbert cube manifold, or a countable direct product of these manifolds. Let $X$ be the Cantor set. Then every countable non-amenable exact group admits an amenable minimal free dynamical system on $M\times X$ whose crossed product is a Kirchberg algebra in the UCT class.
For the first two cases, the statement immediately follows from Example \[Exm:1fill\], Lemmas \[Lem:man\] and \[Lem:Qman\], and Propositions \[Prop:pi\] and \[Prop:filling\].
For the last case, let $M_1, M_2, \ldots$ be a sequence of spaces each of which is either connected closed topological manifold or connected compact Hilbert cube manifold. Set $N_n:= M_1 \times \cdots \times M_n \times X$ for each $n$. We put $\alpha_0:=\alpha$ and $N_0:=X$ for convenience. We inductively apply Proposition \[Prop:filling\] to $\alpha_n\colon \Gamma\curvearrowright N_n$ and $M_{n+1}$ to get a minimal skew product extension $\alpha_{n+1}\colon \Gamma\curvearrowright N_{n+1}$ of $\alpha_n$ with the weak finite filling property. Then we get the projective system $(\alpha_n)_{n=1}^\infty$ of dynamical systems of $\Gamma$. Since pure infiniteness of -algebras is preserved under taking increasing union (Prop 4.1.8 of [@Ror]), the projective limit $\alpha_\infty:=\varprojlim \alpha_n$ possesses the desired properties.
Minimal dynamical systems of free groups on products of Cantor set and closed manifolds {#Sec:free}
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In this section, we investigate the K-groups of the crossed products of minimal dynamical systems obtained in Theorem \[Thm:min\] for the free group case. By using the Pimsner–Voiculescu six term exact sequence [@PV], we give a K$\ddot{{\rm u}}$nneth-type formula for K-groups of their crossed products. As an application, we give the following generalization of Theorems 4.10 and 4.22 of [@Suz].
\[Thm:man\] Let $\Gamma$ be a countable non-amenable virtually free group. Let $M$ be either connected closed topological manifold or connected compact Hilbert cube manifold. Then there exist continuously many amenable minimal free dynamical systems of $\Gamma$ on the product of $M$ and the Cantor set whose crossed products are mutually non-isomorphic Kirchberg algebras.
In the below, we regard abelian groups as $\mathbb{Z}$-modules. We simply denote the tensor product ‘$\otimes_{\mathbb{Z}}$’ by ‘$\otimes$’ for short. Recall that for two abelian groups $G, H$, the group ${\rm Tor}_1^{\mathbb{Z}}(G, H)$ is defined as follows. First take a projective resolution of $G$. $$\cdots \rightarrow P_2\rightarrow P_1 \rightarrow P_0\rightarrow G \rightarrow 0.$$ Then by tensoring $H$ with the above resolution, we obtain a complex $$\cdots \rightarrow P_2\otimes H \rightarrow P_1\otimes H \rightarrow P_0 \otimes H \rightarrow 0.$$ The group ${\rm Tor}_1^{\mathbb{Z}}(G, H)$ is then defined as the first homology of the above complex. Note that the definition does not depend on the choice of the projective resolution. We remark that when we have a projective resolution of length one $$0\rightarrow P_1 \rightarrow P_0\rightarrow G \rightarrow 0,$$ then ${\rm Tor}_1^{\mathbb{Z}}(G, H)$ is computed as the kernel of the homomorphism $P_1\otimes H\rightarrow P_0\otimes H$. See [@Br] for the detail.
\[Prop:free\] Let $\alpha\colon \mathbb{F}_d \curvearrowright X$ be an amenable minimal topologically free dynamical system of the free group $\mathbb{F}_d$ on the Cantor set $X$. Let $\mathcal{G}\curvearrowright Y$ be a minimal action of a path-connected group $\mathcal{G}$ on a compact metrizable space $Y$. Let $\beta\in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$. Let $A$ and $B$ denote the crossed product of $\alpha$ and $\beta$ respectively. Then for $i=0, 1$, we have the following short exact sequence. $$0\rightarrow K_0(A)\otimes K^i(Y) \rightarrow K_i(B)\rightarrow
(K_1(A)\otimes K^{1-i}(Y))\oplus {\rm Tor}_1^\mathbb{Z}(K_0(A), K^{1-i}(Y))\rightarrow 0.$$ Moreover, the first map maps $[1_A]_0\otimes [1_Y]_0$ to $[1_B]_0$ when $i=0$.
Since $C(X)$ is an AF-algebra, we have a canonical isomorphism $$K^i(X \times Y)\rightarrow C(X, K^i(Y)) (\cong K^0(X)\otimes K^i(Y))$$ for $i=0, 1$. Here $C(X, K^i(Y))$ denotes the group of continuous maps from $X$ into $K^i(Y)$ and $K^i(Y)$ is regarded as a discrete group. For $i=0$, the isomorphism is given by mapping the element $[p]_0$ where $p$ is a projection in $\mathbb{K}\otimes C(X)\otimes C(Y)$ to the map $x\in X\mapsto [p(x, \cdot)]_0\in K^0(Y)$ and similarly for the case $i=1$.
From this isomorphism and the fact that $\mathcal{G}$ is path-connected, for any $\gamma \in \mathcal{S}_{\mathcal{G}}(\alpha)$ and $g\in \mathbb{F}_d$, we have $(\gamma_g)_{\ast, i}=(\alpha_g)_{\ast, 0} \otimes {\mbox{\rm id}}_{K^i(Y)}$ for $i=0, 1$. Here we identify $K^i(X\times Y)$ with $K^0(X)\otimes K^i(Y)$ under the above isomorphism. By continuity of the K-theory, the above equality holds for all $\gamma\in \overline{\mathcal{S}}_{\mathcal{G}}(\alpha)$. Now let $S$ be a free basis of $\mathbb{F}_d$. Then by the Pimsner–Voiculescu six term exact sequence [@PV], we have the following short exact sequence. $$0\rightarrow {\mbox{\rm coker}}(\varphi\otimes {\mbox{\rm id}}_{K^i(Y)})\rightarrow K_i(B)\rightarrow \ker(\varphi\otimes {\mbox{\rm id}}_{K^{1-i}(Y)})\rightarrow 0.$$ Here $\varphi$ denotes the homomorphism $$\varphi\colon K^0(X)^{\oplus S}\rightarrow K^0(X)$$ which maps $(f_s)_{s\in S}$ to $\sum_{s\in S}(f_s- (\alpha_s)_{\ast, 0}(f_s))$. Since $K^0(X)$ is a free abelian group, the exact sequence $$0\rightarrow K_1(A)\rightarrow K^0(X)^{\oplus S}\rightarrow K^0(X)\rightarrow K_0(A)\rightarrow 0$$ obtained by the Pimsner–Voiculescu six-term exact sequence is a free resolution of $K_0(A)$. This also gives the free resolution $$0\rightarrow {\rm im}(\varphi)\rightarrow K^0(X)\rightarrow K_0(A)\rightarrow 0$$ of $K_0(A)$. Here the first map is given by the inclusion map, say $\iota$.
Let $\psi\colon K^0(X)^{\oplus S}\rightarrow {\rm im}(\varphi)$ be the surjective homomorphism obtained by restricting the range of $\varphi$. By tensoring $K^i(Y)$ with the second free resolution, we obtain the following exact sequence. $$0\rightarrow {\rm Tor}_1^\mathbb{Z}(K_0(A), K^i(Y))\rightarrow {\rm im}(\varphi) \otimes K^i(Y) \rightarrow K^0(X)\otimes K^i(Y)\rightarrow K_0(A)\otimes K^i(Y)\rightarrow 0.$$ This shows that $$\ker(\iota\otimes {\mbox{\rm id}}_{K^i(Y)})\cong {\rm Tor}_1^\mathbb{Z}(K_0(A), K^i(Y)).$$ Since the second map surjects onto ${\rm im}(\varphi\otimes {\mbox{\rm id}}_{K^i(Y)})$, we also obtain the isomorphism $${\mbox{\rm coker}}(\varphi\otimes {\mbox{\rm id}}_{K^i(Y)})\cong K_0(A)\otimes K^i(Y).$$ Since $\varphi=\iota\circ \psi$ and $\psi$ is surjective, we have the following exact sequence. $$\label{eq:1}
0\rightarrow \ker(\psi \otimes {\mbox{\rm id}}_{K^i(Y)}) \rightarrow \ker(\varphi\otimes {\mbox{\rm id}}_{K^i(Y)}) \rightarrow \ker(\iota\otimes {\mbox{\rm id}}_{K^i(Y)}) \rightarrow 0.$$ Here the first map is the canonical inclusion and the second map is the restriction of $\psi\otimes {\mbox{\rm id}}_{K^i(Y)}$. Since ${\rm im}(\varphi)$ is free abelian, there is a direct complement $K$ of $\ker(\varphi)$ in $K^0(X)^{\oplus S}$. Note that the restriction of $\psi$ on $K$ is an isomorphism. Hence we have the isomorphism $$\ker(\psi\otimes {\mbox{\rm id}}_{K^i(Y)})=\ker(\psi)\otimes K^i(Y)\cong K_1(A)\otimes K^i(Y).$$ Again by the freeness of ${\rm im}(\varphi)$, we have a right inverse $\sigma$ of $\psi$. Then the homomorphism $\sigma\otimes {\mbox{\rm id}}_{K^i(Y)}$ gives a splitting of the short exact sequence (\[eq:1\]). Combining these observations, we obtain the isomorphism $$\ker(\varphi\otimes {\mbox{\rm id}}_{K^i(Y)})\cong (K_1(A)\otimes K^i(Y))\oplus {\rm Tor}_1^\mathbb{Z}(K_0(A), K^i(Y)).$$ Now the first exact sequence completes the proof.
Certainly, when $K^\ast(Y)$ has a good property, the short exact sequence in Proposition \[Prop:free\] is spilitting. For example, it holds true when $K^{1-i}(Y)$ is projective or one of $K_0(A)$ or $K^i(Y)$ is injective. (Recall that $K_1(A)$ is always free abelian and that the tensor product of an injective $\mathbb{Z}$-module with an arbitrary $\mathbb{Z}$-module is again injective by Corollary 4.2 of Ch.III of [@Br].) However, we do not know whether it is splitting in general. Recall that a splitting of the K$\ddot{{\rm u}}$nneth tensor product theorem is obtained by replacing considered -algebras by easier ones by using suitable elements of the KK-groups (see Remark 7.11 of [@RSc]). However, in our setting, this argument does not work. Such replacement does not respect the relation among $C(X), C(Y), A, B,$ and $\mathbb{F}_d$.
We first prove the claim for free groups. Theorem 5.3 of [@Suz2] shows that for any finite $d$, there is an amenable minimal topologically free dynamical system $\gamma$ of $\mathbb{F}_d$ on the Cantor set whose crossed product $A$ satisfies the following condition. The unit $[1]_0\in K_0(A)$ generates a direct summand of $K_0(A)$ isomorphic to $\mathbb{Z}$. Note that this property passes to unital -subalgebras of $A$. Moreover, since $\gamma$ is found as a factor of the ideal boundary action, its restriction to any finite index subgroup of $\mathbb{F}_d$ is minimal. It is also not hard to show that the restriction of $\gamma$ to any finite index subgroup of $\mathbb{F}_d$ is purely infinite (cf. the proof of Lemma 4.8 of [@Suz2]). Applying the argument in the proof of Theorem 4.22 in [@Suz] using $\gamma$ instead of the action used there, we obtain the following consequence. (By finite generatedness, in this case the proof becomes easier than the one there.) For any non-empty set $\mathcal{Q}$ of prime numbers, there is an amenable minimal free purely infinite dynamical system $\alpha_\mathcal{Q}$ of $\mathbb{F}_d$ on the Cantor set whose $K_0$-group $G$ satisfies the following condition. $$\{p\in \mathcal{P}: [1]_0\in pG\}= \mathcal{Q}.$$ Here $\mathcal{P}$ denotes the set of all prime numbers. The similar statement for $\mathbb{F}_\infty$ is shown in the proof of Theorem 4.22 of [@Suz]. We also denote by $\alpha_\mathcal{Q}$ a dynamical system of $\mathbb{F}_\infty$ satisfying the above conditions.
Now let $M$ be as in the statement. Put $$\mathcal{R}:=\{p\in \mathcal{P}: K^1(M){\rm \ contains\ an\ element \ of\ order\ }p\}.$$ Then by [@Ch0], $\mathcal{R}$ is finite. (Indeed, in either case, $M\times [0, 1]^\mathbb{N}$ is a compact Hilbert cube manifold. Now the main theorem of [@Ch0] shows that $K^1(M)$ is in fact finitely generated.)
Let $\mathcal{G}$ denote the path-connected component of $\mathcal{H}(M)$ containing the identity. For each non-empty subset $\mathcal{Q}$ of $\mathcal{P}\setminus \mathcal{R}$, we apply Proposition \[Prop:filling\] to $\alpha_\mathcal{Q}$ to choose $\beta$ from $\overline{\mathcal{S}}_{\mathcal{G}}(\alpha_\mathcal{Q})$ whose crossed product is a Kirchberg algebra. For $i=0, 1$, denote by $G_i$ and $H_i$ the $K_i$-group of the crossed products of $\alpha_\mathcal{Q}$ and $\beta$ respectively. We claim that $$\tilde{\mathcal{Q}}:=\{p\in \mathcal{P}\setminus \mathcal{R}: [1]_0\in pH_0\}= \mathcal{Q}.$$ Since the cardinal of the power set of $\mathcal{P}\setminus \mathcal{R}$ is continuum, this ends the proof. The inclusion $\mathcal{Q}\subset \tilde{\mathcal{Q}}$ is obvious. To see the converse, let $p\in \tilde{\mathcal{Q}}$ and take $h\in H_0$ with $ph=[1]_0$. Denote by $\partial_i$ the third map of the short exact sequence in Proposition \[Prop:free\]. Then since $\partial_0([1]_0)=0$, we have $p\partial_0(h)=0$. On the other hand, by the definition of $\mathcal{R}$ and the fact that $G_1$ is torsion free, there is no element of order $p$ in the third term of the short exact sequence. Thus $p\partial_0(h)=0$ implies $\partial_0(h)=0$. Hence there is an element $y$ in the first term of the short exact sequence with $\sigma_0(y)=h$. Here $\sigma_i$ denotes the second map in the short exact sequence. Then from the injectivity of $\sigma_0$ and the equality $ph=[1]_0$, we must have $py=[1]_0\otimes [1_M]_0$. Now let $\tau\colon K^0(M) \rightarrow \mathbb{Z}$ be the homomorphism induced from a character on $C(M)$. Put $w:=({\mbox{\rm id}}\otimes \tau)(y)\in G_0$. (We identify $G_0$ with $G_0\otimes \mathbb{Z}$ in the obvious way.) Then we have $pw=({\mbox{\rm id}}\otimes\tau)([1]_0\otimes [1_M]_0)=[1]_0$. Thus we get $p\in \mathcal{Q}$ as desired.
The proof for general case is done by taking the induced dynamical systems of the actions obtained in above. For the detail, see the proof of Theorem 4.7 in [@Suz] for instance.
Acknowledgement {#acknowledgement .unnumbered}
---------------
The author was supported by Research Fellow of the JSPS (No.25-7810) and the Program of Leading Graduate Schools, MEXT, Japan.
[99]{} C. Anantharaman-Delaroche, [*Systèmes dynamiques non commutatifs et moyennabilité.*]{} Math. Ann. [**279**]{} (1987), 297–315. C. Anantharaman-Delaroche, [*Purely infinite -algebras arising from dynamical systems.*]{} Bull. Soc. Math. France [**125**]{} (1997), 199–225. K. S. Brown, [*Cohomology of Groups.*]{} Graduate Texts in Mathematics 87 (1982), Springer-Verlag, New York-Berlin. N. P. Brown, N. Ozawa, [*-algebras and finite-dimensional approximations.*]{} Graduate Studies in Mathematics 88. American Mathematical Society, Providence, RI, 2008. xvi+509 pp. J. Carrion, M. Dadarlat, C. Eckhardt, [*On groups with quasidiagonal -algebras.*]{} J. Funct. Anal. [**265**]{} (2013), no. 1, 135–152. T. A. Chapman, [*Compact Hilbert cube manifolds and the invariance of Whitehead torsion.*]{} Bull. Amer. Math. Soc. [**79**]{} (1973), 52–56. T. A. Chapman, [*Lectures on Hilbert cube manifolds.*]{} Vol. 28 (1975), Amer. Math. Soc. J. Cuntz, [*K-theory for certain -algebras.*]{} Ann. of Math. [**113**]{} (1981), no. 1, 181–197. E. Glasner, [*Ergodic theory via joinings.*]{} Mathematical Surveys and Monographs 101, American Mathematical Society, Providence, RI, 2003. E. Glasner, B. Weiss, [*On the construction of minimal skew products.*]{} Israel J. Math. [**34**]{} (1979), 321–336. P. Jolissaint and G. Robertson, [*Simple purely infinite -algebras and $n$-filling actions.*]{} J. Funct. Anal. [**175**]{} (2000), no. 1, 197–-213. E. Kirchberg, [*The classification of purely infinite -algebras using Kasparov’s theory.*]{} Preprint. E. Kirchberg, N. C. Phillips, [*Embedding of exact -algebras in the Cuntz algebra $\mathcal{O}_2$.*]{} J. reine angew. Math. [**525**]{} (2000), 17–-53. M. Laca, J. Spielberg, [*Purely infinite -algebras from boundary actions of discrete groups.*]{} J. reine angew. Math. [**480**]{} (1996), 125–139. H. Matui, [*Topological full groups of one-sided shifts of finite type.*]{} J. reine angew. Math. [**705**]{} (2015), 35–84. M. Nerurkar, [*Ergodic continuous skew product actions of amenable groups.*]{} Pacific J. Math. [**119**]{} (1985), 343–363. N. Ozawa, [*Amenable actions and exactness for discrete groups.*]{} C. R. Acad. Sci. Paris Ser. I Math. [**330**]{} (2000), 691–695. N. C. Phillips. [*A classification theorem for nuclear purely infinite simple -algebras.*]{} Doc. Math [**5**]{} (2000), 49–114. M. Pimsner, D. Voiculescu, [*K-groups of reduced crossed products by free groups.*]{} J. Operator Theory [**8**]{} (1982), 131–156. M. A. Rieffel, [*Continuous fields of -algebras coming from group cocycles and actions.*]{} Math. Ann. [**283**]{} (1989). no. 4 631–643. M. Rørdam, [*Classification of certain infinite simple -algebras.*]{} J. Funct. Anal. [**131**]{} (1995), 415–458. M. Rørdam, [*Classification of nuclear -algebras.*]{} Encyclopaedia of Mathematical Sciences 126 (2002), 1–145. M. Rørdam, [*A simple C\*-algebra with a finite and an infinite projection.*]{} Acta Math. [**191**]{} (2003), 109–142. M. Rørdam, A. Sierakowski, [*Purely infinite -algebras arising from crossed products.*]{} Ergodic Theory Dynam. Systems [**32**]{} (2012), 273–293. J. Rosenberg, C. Schochet, [*The K$\ddot{u}$nneth theorem and the universal coefficient theorem for Kasparov’s generalized K-functor.*]{} Duke Math. J. [**55**]{} (1987), no. 2, 431–474. Y. Suzuki, [*Amenable minimal Cantor systems of free groups arising from diagonal actions.*]{} To appear in J. reine angew. Math., arXiv:1312.7098. Y. Suzuki, [*Group -algebras as decreasing intersection of nuclear C\*-algebras.*]{} To appear in Amer. J. Math., arXiv:1410.8347. J.-L. Tu, [*La conjecture de Baum–Connes pour les feuilletages moyennables.*]{} K-theory [**17**]{} (1999), 215–264.
|
Wayne County outperforms state in manufacturing jobs, population growth
Wednesday
Dec 6, 2017 at 3:38 PMDec 6, 2017 at 4:06 PM
By Bobby Warren Staff Writer
WOOSTER — Wayne County’s economic, employment and population growth continues to outpace the state since the Great Recession, an Ohio State University professor said during a Briefing for Business event Wednesday at the Shisler Center.
Mark Partridge, who was the speaker at the inaugural Wayne Economic Development County B4B in December 2014, was back again, and he was yet again surprised by how well the county has fared.
“I consistently underestimate how well you are doing here,” said Partridge, who has been invited to give his economic outlook every December since his first address. As an economist, he is naturally a skeptic and wanted to find some bad things to say about the economies of the United States, Ohio and Wayne County, but for the most part things are going well.
Two issues for Wayne County are workforce availability and low educational attainment, Partridge said.
WEDC and other partners have initiated the Workforce Innovations Network to help address the need for skilled workers here, and WIN has launched a Work in Wayne marketing campaign to show why Wayne County is a good place to live, work, learn and play (www.workinwayne.com).
Population has been an issue in Ohio. Where the U.S. population has been growing around 4 percent, Ohio’s growth rate is 0.7 percent. Wayne County’s population has grown by 1.7 percent. While not a lot and not at a fast clip, the county is outperforming the state, something not many rural counties do, Partridge said. But, Wayne County is attracting people.
When an entity overperforms, it is generally a sign of good leadership, Partridge said. When it underperforms, something is not working right.
“Don’t get overconfident,” Partridge said. But, “Whatever you are doing, you are doing well. Other counties are not doing what Wayne County is.”
Manufacturing collapsed in Ohio and Wayne County, but the county has again outperformed the state in bringing back those manufacturing jobs. “Not many rural counties do this — you’re just not going to find it.”
What impressed the economist, who looks at urban-rural policy, the most was how the self-employment rate in Wayne County again outpaced the state. These are small businesses that have not incorporated, but are hiring workers. Partridge repeated the refrain of how well Wayne County has performed since the Great Recession.
If people were not confident of the business climate and conditions here, they would not be starting companies, Partridge said. Small businesses are good to have in a recession because they will cushion anything bad that might happen, he added. If a large employer suffers during a recession, then there is the potential the whole town will, too.
“You’re better than you were 10 years ago,” Partridge said.
This was the first WEDC-organized event for its new president, Tom Pukys, and he liked what he heard.
“In some sense, I am excited about his comments, but, in another sense, it doesn’t surprise me,” Pukys said. He appreciated Partridge’s comments about the social cohesion and social capital here in Wayne County.
“The biggest take-away is the social capital,” Pukys said. “There’s financial capital that can drive projects, but it is the social, human capital that gets things done. I’m excited to be here.”
Reporter Bobby Warren can be reached at 330-287-1639 or bwarren@the-daily-record.com. He is @BobbyWarrenTDR on Twitter. |
Guide to Leasing
When considering an investment in commercial property, it is important to assess the lease(s) of a property as they determine the rental income and ultimately the end value of an asset.
The key components of a Loan Facility typically comprise of the:
Facility Limit and Loan to Value Ratio (LVR);
Interest Coverage Ratio (ICR);
Facility term;
Interest Cost; and
Loan Security.
Rental Rate
The rental rate specified in a lease determines the total rental income a property will produce over a certain period. Commercial property rent is often calculated on a rate per square metre basis determined on location, condition and age of the property, surrounding tenants, size of the space, included services and lease terms.
For example: If a tenant is contracted to pay a rental rate of $500/sqm pa over 1,000sqm of space the tenant will pay $500,000 pa in total rent.
When considering an investment in commercial property, it is important to assess the net effective rental rates (rental rates less any tenant incentives and outgoings) within a lease as this determines the rental income of an asset and forms part of forecast Fund distributions.
Lease and Option Terms
The typical lease term for a commercial property is between three and ten years and may include an additional option period.
In addition to the initial lease term, an option period is often negotiated. An option period allows a tenant to ‘exercise’ its option to extend the lease term for an additional fixed period. This secures additional rental income for the property beyond the initial lease expiry and reduces costs associated with re-leasing.
The Weighted Average Lease Expiry or (WALE) is an important property metric that measures the average number of years before leases in a property expire and need to be re-leased. A property with a longer (higher) WALE is generally looked upon favourably due to the security in longer term income.
Rent Reviews
Rent reviews are an essential component of a commercial lease which are negotiated between the landlord and the tenant, generally based on either a:
Fixed percentage (%);
Consumer Price Index (CPI);
Market review; or
A combination of the above
In most commercial leases, the rent review is conducted and applied annually.
A Fixed Percentage Review is the most common method agreed to in commercial leases. The advantage of this method is it allows both the lessor and the lessee to budget for future income (in the case of the lessor) and rental expenses (in the case of the lessee) with certainty. The disadvantage is that it does not necessarily move in line with either the CPI or the market – which may lead to an over or under rented property.
A CPI rent review, is a review whereby the lease rental is adjusted to either increase or decrease in line with the Australian Consumer Price Index, generally conducted and applied annually. An advantage of a CPI rent review is that the change in the rent levels will track inflation or the ‘cost of living’. The disadvantage is that there is no certainty of where the rent levels are headed for either the landlord or the tenant. That is rents can go up or down by any amount.
A market review occurs when rental levels are reviewed to the current market rental taking into consideration the quality of the property, its location and the size of the specific tenancy in relation to the rent achieved in comparable properties. Most commonly, market rent reviews are only conducted if and when a tenant exercises its option for a further term and not at the (annual) rent reviews during the term certain. Occasionally larger, longer term leases will contain a midterm market rent review.
Tenant Incentives
During lease negotiations, it is common for a landlord to offer some form of lease incentive to entice a potential tenant. These incentives can be offered a number of ways including:
Rental abatements (reductions);
Rent free (periodic);
Fit out contribution (capital contribution); or
A combination of the above
The incentive is often calculated in percentage terms and can be based on either the net or gross rental the tenant is charged in year one, multiplied by the number of years of the lease.
For example: If a tenant is contracted to pay $100,000pa in Year one of a three year lease term, i.e. the total rent for the term is $300,000 (excluding rent reviews), and the tenant is offered a 15% incentive, then the value of the lease incentive equates to $45,000.
Therefore, if the incentive is taken by the tenant as a rental abatement, the tenant will receive a monthly rental rebate (discount) of $1,250 over the term of the lease.For example: $45,000 (Incentive) / 36 months (Term) = $1,250 pcm = $1,250pcm (abatement)If the incentive is taken by the tenant as a rent free period, then typically under this method the tenant will not be obligated to pay rent for the first portion of its initial term to the value of its incentive.
In this example:
Rent = $100,000 pa or $8,333.33 pcmIncentive = $45,000Rent Free Period = 5.4 months ($45,000/$8,333.33) over the 3 year term
If the incentive is taken by the tenant as a cash contribution to fitout, the landlord will pay the tenant the cash amount of the incentive. In this instance the incentive is ‘extinguished’ upon payment and the tenant pays the landlord rent from day one of the lease.
Lease Guarantees
In the majority of leasing transactions, a guarantee of some form is obtained from the tenant as security over the performance of its lease obligations.
Standard types of lease guarantees include a bank guarantee, a rental bond, a personal (directors) guarantee, a parent company guarantee or a combination of any of these. The most preferred of these guarantees is a bank guarantee.
A bank guarantee effectively provides ‘cash on demand’ should the tenant default under its lease.
For investment grade properties, it is the lease or leases of the property which determine the rental income and ultimately the end value of an asset, coupled with the capitalisation rate or yield which an investor will accept for that same asset.
Disclaimer: Issued by Centuria Property Funds Limited, ABN 11 086 553 639, holder of AFSL 231 149. The information in this document is general information only and does not take into account your personal financial circumstances, needs or objectives. We recommend you speak with your financial and/or taxation advisor before making any decisions in relation to your investment. |
Saint Pio Hematite Relic Rosary Bracelet
This is a PPF favorite! This lovely rosary bracelet will make a beautiful gift for that special someone who is devoted to Padre Pio. It has a 3rd class relic on the back of the medal
and a small crucifix. It comes in a lovely box and is a great way to show your devotion to Padre Pio.
Saint Pio Hematite Relic Rosary Bracelet
$20.00excl. VAT
This is a PPF favorite! This lovely rosary bracelet will make a beautiful gift for that special someone who is devoted to Padre Pio. It has a 3rd class relic on the back of the medal
and a small crucifix. It comes in a lovely box and is a great way to show your devotion to Padre Pio.
WHITE PEARL Padre Pio and the Saints Charm Bracelet
Padre Pio Healing Prayer Card with Medal
This wonderful prayer card is great to keep in your pocket or pocketbook. It has a prayer to Padre Pio for healing and a medal is attached. A great prayer card to share with someone
who needs Padre Pio's intercession.
Padre Pio Healing Prayer Card with Medal
$4.00excl. VAT
This wonderful prayer card is great to keep in your pocket or pocketbook. It has a prayer to Padre Pio for healing and a medal is attached. A great prayer card to share with someone
who needs Padre Pio's intercession. |
/*
rxBot - a modular IRC bot for Win32
Copyright (C) 2004
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
*/
#ifndef NO_CAPTURE
#define fAVICapSM(hwnd,m,w,l) ( (fIsWindow(hwnd)) ? fSendMessage(hwnd,m,w,l) : 0)
#define fcapDriverGetCaps(hwnd, s, wSize) ((BOOL)fAVICapSM(hwnd, WM_CAP_DRIVER_GET_CAPS, (WPARAM)(wSize), (LPARAM)(LPVOID)(LPCAPDRIVERCAPS)(s)))
#define fcapDriverConnect(hwnd, i) ((BOOL)fAVICapSM(hwnd, WM_CAP_DRIVER_CONNECT, (WPARAM)(i), 0L))
#define fcapDriverDisconnect(hwnd) ((BOOL)fAVICapSM(hwnd, WM_CAP_DRIVER_DISCONNECT, (WPARAM)0, 0L))
#define fcapGetVideoFormat(hwnd, s, wSize) ((DWORD)fAVICapSM(hwnd, WM_CAP_GET_VIDEOFORMAT, (WPARAM)(wSize), (LPARAM)(LPVOID)(s)))
#define fcapGetVideoFormatSize(hwnd) ((DWORD)fAVICapSM(hwnd, WM_CAP_GET_VIDEOFORMAT, 0, 0L))
#define fcapSetVideoFormat(hwnd, s, wSize) ((BOOL)fAVICapSM(hwnd, WM_CAP_SET_VIDEOFORMAT, (WPARAM)(wSize), (LPARAM)(LPVOID)(s)))
#define fcapGrabFrameNoStop(hwnd) ((BOOL)fAVICapSM(hwnd, WM_CAP_GRAB_FRAME_NOSTOP, (WPARAM)0, (LPARAM)0L))
#define fcapFileSetCaptureFile(hwnd, szName)((BOOL)fAVICapSM(hwnd, WM_CAP_FILE_SET_CAPTURE_FILE, 0, (LPARAM)(LPVOID)(LPTSTR)(szName)))
#define fcapFileSaveDIB(hwnd, szName) ((BOOL)fAVICapSM(hwnd, WM_CAP_FILE_SAVEDIB, 0, (LPARAM)(LPVOID)(LPTSTR)(szName)))
#define fcapCaptureGetSetup(hwnd, s, wSize) ((BOOL)fAVICapSM(hwnd, WM_CAP_GET_SEQUENCE_SETUP, (WPARAM)(wSize), (LPARAM)(LPVOID)(LPCAPTUREPARMS)(s)))
#define fcapCaptureSetSetup(hwnd, s, wSize) ((BOOL)fAVICapSM(hwnd, WM_CAP_SET_SEQUENCE_SETUP, (WPARAM)(wSize), (LPARAM)(LPVOID)(LPCAPTUREPARMS)(s)))
#define fcapCaptureSetSetup(hwnd, s, wSize) ((BOOL)fAVICapSM(hwnd, WM_CAP_SET_SEQUENCE_SETUP, (WPARAM)(wSize), (LPARAM)(LPVOID)(LPCAPTUREPARMS)(s)))
#define fcapCaptureSequence(hwnd) ((BOOL)fAVICapSM(hwnd, WM_CAP_SEQUENCE, (WPARAM)0, (LPARAM)0L))
BOOL Capture(char *file);
int CaptureFrame(char *file, int index, int x, int y);
int CaptureVideo(char *file, int index, int time, int x, int y);
#endif |
1. Field of the Invention
The present invention relates to a card connector into which a card such as an SD (Secure Digital) memory card is inserted.
2. Description of the Related Art
As this kind of card connector, there is one in which a heart cam mechanism which locks the inserted card at a card insertion position and at a card discharging position is provided on an inner wall of a base having a slot (patent document 1) and one which comprises an elastic lock member which engages with an engagement recess formed on a side face of the card at a card insertion position (patent document 2).
Such a card connector is formed such that a part of the card pops out of the slot so that a user can easily take out the card when the card is discharged.
Patent document 1: Japanese Unexamined Patent Publication No. 2001-85089
Patent document 2: Japanese Unexamined Patent Publication No. 2002-134224 |
Experience a chilling, episodic journey through the mysteries of the unknown. The Bedsby Tales is a fantastic episode and interaction driven new series for kids. Narrated by Kevan Brighting (@kevanthevoice) BAFTA Nominated Games Performer 2014 and the winner of the IGF Audience Award 2014.
Short stories are apart of our daily lives, and everyone can relate to those spooky campfire tales we heard when we were young! From Goosebumps to More Scary Stories to Tell in the Dark, The Bedsby Tales will bring thrilling short stories to kids of all ages.
Features Include:
Interactive Mode – children can interact with the environment to progress the storyline.
Auto Play Mode – sit back and relax as the tale unfolds with no interaction required. Just like a movie!
No Fluff: – Most kids stories on the iPad are very basic and fluffy. We believe that’s an insult to a childs mind, and they deserve just as much amazing experiences as adults do!
Highest Quality: – Our team is built of amazing game industry veterans from such games as the Metroid Prime Trilogy, Pluto Learns Piano and Koala Band. Quality is our #1 priority.
Is there any educational value?
Absolutely! Not only does the app aid in reading comprehension, but our stories are pure poetry and inspire creativity and imagination. The Bedsby Tales includes puzzles that have educational value too; Including a grandfather clock that must be set to the right time. We’re always building new ideas to marry a Spooky Tale with puzzles that are light, immersive and provide a glimmer of educational value.
Our goal with The Bedsby Tales is to strengthen a child’s self esteem. We believe that children love spooky stories, and can learn a lot about themselves as an individual when it comes to things that go bump in the night. Help us spread the word, and together we can build children up, instead of tearing them down!
Sign Up to Get Updates About New Episodes!
If you would like us to keep you informed of new episodes and goodies, then please fill out the information and join our mailing list. We’re looking forward to delivering scary thrills to those who love a good fright! If you have any questions about The Bedsby Tales, please contact us here. |
Q:
How to get the right redirection from email when reset password?
I have Sample App by Michael Hartl's “Ruby on Rails Tutorial”.
If I click on “Forget Password”, I've got email notification and if click on link “Reset password”, I’ve got redirected to the wrong app that doesn’t exist and I could see only empty page.
https://wrong.com/password_resets/WTk_raloURf8I8sCaXNNkg/edit?email=tatyana_p%70yahoo.com
That wrong app existed earlier but was already deleted.
The code as below shows the correct host but the redirection happened to the wrong host.
ENV['SENDGRID_USERNAME'] and ENV['SENDGRID_PASSWORD'] are correct.
I could not find a wrong name of the host anywhere else in code and change it to the correct one.
config/environments/production.rb
config.consider_all_requests_local = false
config.action_controller.perform_caching = true
config.action_mailer.raise_delivery_errors = true
config.action_mailer.delivery_method = :smtp
host = 'correct_host.herokuapp.com'
config.action_mailer.default_url_options = { host: host }
ActionMailer::Base.smtp_settings = {
:address => 'smtp.sendgrid.net',
:port => '587',
:authentication => :plain,
:user_name => ENV['SENDGRID_USERNAME'],
:password => ENV['SENDGRID_PASSWORD'],
:domain => 'heroku.com',
:enable_starttls_auto => true
}
If I copy and paste an address that I've got when I click on "Reset password"
and changed the wrong address on the right one - I've got the right fields for a password and confirming password.
https://correct_host.herokuapp.com/password_resets/WTk_raloURf8I8sCaXNNkg/edit?email=tatyana_p%70yahoo.com
A:
You need to make commit for right host
First go to your master branch
git checkout master
Then edit your config/environments/production.rb with right host.
And then
git add config/environments/production.rb
git commit -m "Right host"
git push heroku
|
War is waging in the beer world. The issue at hand? PUMPKIN BEER!
For some beer drinkers, October is all about the pumpkin. For the others, pumpkin beer is just something to smash on.
Pumpkin Beer is something you either love or hate. Lately, it’s something everyone just wants to debate. And the reason for this most recent debate?
A twitter war that emerged when a well known company, Beer Advocate, retweeted a snide comment about the seasonal craft beer. However, beer sales seem to support the side of the pumpkin lovers. According to Buzzfeed, craft beer’s seasonal sales always skyrocket after the second week of August (Coming in second to craft IPA beer sales). The exact numbers for pumpkin beer sales cannot be calculated due to the fact that the figures are not broken down to that extent. Despite that, pumpkin beer lands into the ever-booming, fall seasonal beer sales; proving that pumpkins are meant for more than just pie.
As a fellow beer drinker, I decided it was time I find out which side I wanted to take. I’ve never tried a pumpkin beer before, so I bought eight different pumpkin brews to determine where my loyalties would lie. After one sip, I made my decision… I am a pumpkin beer lover. Here are the five brews that had me hooked.
The Five Pumpkin Brews:
1. Tasty
Name: GOURDGEOUS
Brewer: Hangar 24 Craft Brewery. Redlands, Calif.
ABV: 8.5%
Hanger 24 describes this beer as having a multitude of bold flavors including pumpkin pie spices, molasses, rich hints of dark chocolate, sweet caramel, and pumpkin pie. GOURDGEOUS was a great porter with a sweet molasses finish.
2. Unique
Name: PUNKIN ALE
Brewer: Dogfish Head. Milton, Del.
ABV: 7%
Punkin Ale is described as a full-bodied brown ale brewed with real pumpkins, brown sugar, cinnamon, and nutmeg. This seasonal beer has a sweet start and a dry finish, giving it a prominent and unique flavor.
3. Smooth
Name: PUMPKIN ALE
Brewer: Bootlegger’s Brewery. Fullerton, Calif.
ABV: 6.1%
Bootlegger’s states this ale is brewed with pumpkin, spices, and molasses. I found there was not a lot of molasses flavor, faint tastes of pumpkin. Overall, it had a sharp and spicy aroma and a smooth finish.
4. Bold
Name: SMASHED PUMPKIN
Brewer: Shipyard Brewing Co. Portland, Maine.
ABV: 9.0%
IN YOUR FACE is the best way to describe this beer. Out of all five beers, this beer was the one that had the strongest pumpkin taste. Smashed Pumpkin is a big-bodied beer with strong kicks of pumpkin and nutmeg.
5. Bitter
Name: FAT JACK DOUBLE PUMPKIN
Brewer: Samuel Adams. Boston, Mass.
ABV: 8.5%
Fat Jack has classic pumpkin flavors with a nice, smoky after taste. This beer was not too sweet, but definitely heavy on the spice. |
var path = require('path');
module.exports = {
entry: [
'webpack-hot-middleware/client?reload=true',
path.join(__dirname, './main.jsx')
],
module: {
loaders: [
{
test: /\.jsx?$/,
exclude: /node_modules/,
loader: 'babel',
query: {
presets: ['@babel/preset-env', '@babel/preset-react']
}
}
]
}
}
|
corn cob
A stove aims to maximize the use of farm waste as fuel utilizing rice hull, corn cob, sawdust or other agricultural wastes is developed by the Affiliated Non-conventional Energy Center (ASNEC) in collaboration with the Isabela State University and the Department of Energy. |
Q:
Generic type with strict shape constraint in Typescript
When lookin at the following code:
type Test<T extends {a: number}> = ...doing something with keyof T...
Test<{a:1}> // ok
Test<{a:1, b:1}> // ok, but I want this to fail due to having 'b';
Is there any way to make the first one ok, but second one not ok by strictly limiting to the shape and not allowing extra properties.
A:
You can't to it directly, but you can ensure that the type will not really be usable if it has extra properties by using a conditional type:
type Test<T extends { a: number }> = Exclude<keyof T, keyof { a: number }> extends never ? T : "T must be exactly of type { a: number }";
let ok: Test<{ a: number }> = { a: 10 }; // ok
let nok: Test<{ a: number, b: number }> = { a: 1, b: 2 }// nok; Type '{ a: number; b: number; }' is not assignable to type '"T must be exactly of type { a: number }"'.
Further discussion:
Typescript does check for extra properties on direct assignment of object literals, so this would be an error:
let a: { a: number } = { a: 1, b: 1 }; // error Object literal may only specify known properties...
But does allow assignment from other sources if the type is compatible (ie has more properties)
let ab = { a: 1, b: 1 };
let a: { a: number } = ab // ok
The above type (or variations of it) can help us create a function where we don't want excess properties and the generic parameter is inferred:
function create<T extends { a: number }>(p: T & (Exclude<keyof T, keyof { a: number }> extends never ? T : "T must be exactly of type { a: number }")) : T{
}
create({ a: 1, b: 1 }); //Type '{ a: number; b: number; }' is not assignable to type '"T must be exactly of type { a: number }"'.
create({ a: 1 }); //ok
|
Statement of Condolence
Statement of Condolence
Islamic Conference Youth Forum for Dialogue and Cooperation (ICYF-DC), an international institution affiliated to the Organization of Islamic Cooperation (OIC) condemns the atrocious terrorist attack carried out at Istanbul Ataturk International Airport on 28 June 2016. The night attack against purely civilian targets, which took place during the holy month of Ramadan, shows that terrorism strikes with no regard for faith and any ethic values.
ICYF-DC expresses its deepest and heartfelt condolences to the families of the victims and our hopes for a speedy recovery of the injured ones. ICYF-DC stands with the people of brotherly Turkey at this tragic time as well as reiterates its solidarity with the Government of Turkey and expresses its unequivocal support to all efforts to prevent barbaric terrorism and its inhumane ideology in Turkey and beyond.
Today while our thoughts and dua’s are with our Turkish brothers and sisters, ICYF-DC calls upon Muslim Youth, the OIC Member States, relevant OIC institutions, as well as international community and global civil societies at large to unite their efforts in firm stand against terrorism and its root causes.
May Allah Subhana wa Ta’ala rests His Mercy upon the souls of the victims of Istanbul attack and give strength to the Ummah and all humanity at large for unity in combating the evils of terrorism. |
// Code generated by protoc-gen-gogo. DO NOT EDIT.
// source: k8s.io/api/imagepolicy/v1alpha1/generated.proto
/*
Package v1alpha1 is a generated protocol buffer package.
It is generated from these files:
k8s.io/api/imagepolicy/v1alpha1/generated.proto
It has these top-level messages:
ImageReview
ImageReviewContainerSpec
ImageReviewSpec
ImageReviewStatus
*/
package v1alpha1
import proto "github.com/golang/protobuf/proto"
import fmt "fmt"
import math "math"
import k8s_io_apimachinery_pkg_apis_meta_v1 "github.com/ericchiang/k8s/apis/meta/v1"
import _ "github.com/ericchiang/k8s/runtime"
import _ "github.com/ericchiang/k8s/runtime/schema"
import io "io"
// Reference imports to suppress errors if they are not otherwise used.
var _ = proto.Marshal
var _ = fmt.Errorf
var _ = math.Inf
// This is a compile-time assertion to ensure that this generated file
// is compatible with the proto package it is being compiled against.
// A compilation error at this line likely means your copy of the
// proto package needs to be updated.
const _ = proto.ProtoPackageIsVersion2 // please upgrade the proto package
// ImageReview checks if the set of images in a pod are allowed.
type ImageReview struct {
// +optional
Metadata *k8s_io_apimachinery_pkg_apis_meta_v1.ObjectMeta `protobuf:"bytes,1,opt,name=metadata" json:"metadata,omitempty"`
// Spec holds information about the pod being evaluated
Spec *ImageReviewSpec `protobuf:"bytes,2,opt,name=spec" json:"spec,omitempty"`
// Status is filled in by the backend and indicates whether the pod should be allowed.
// +optional
Status *ImageReviewStatus `protobuf:"bytes,3,opt,name=status" json:"status,omitempty"`
XXX_unrecognized []byte `json:"-"`
}
func (m *ImageReview) Reset() { *m = ImageReview{} }
func (m *ImageReview) String() string { return proto.CompactTextString(m) }
func (*ImageReview) ProtoMessage() {}
func (*ImageReview) Descriptor() ([]byte, []int) { return fileDescriptorGenerated, []int{0} }
func (m *ImageReview) GetMetadata() *k8s_io_apimachinery_pkg_apis_meta_v1.ObjectMeta {
if m != nil {
return m.Metadata
}
return nil
}
func (m *ImageReview) GetSpec() *ImageReviewSpec {
if m != nil {
return m.Spec
}
return nil
}
func (m *ImageReview) GetStatus() *ImageReviewStatus {
if m != nil {
return m.Status
}
return nil
}
// ImageReviewContainerSpec is a description of a container within the pod creation request.
type ImageReviewContainerSpec struct {
// This can be in the form image:tag or image@SHA:012345679abcdef.
// +optional
Image *string `protobuf:"bytes,1,opt,name=image" json:"image,omitempty"`
XXX_unrecognized []byte `json:"-"`
}
func (m *ImageReviewContainerSpec) Reset() { *m = ImageReviewContainerSpec{} }
func (m *ImageReviewContainerSpec) String() string { return proto.CompactTextString(m) }
func (*ImageReviewContainerSpec) ProtoMessage() {}
func (*ImageReviewContainerSpec) Descriptor() ([]byte, []int) {
return fileDescriptorGenerated, []int{1}
}
func (m *ImageReviewContainerSpec) GetImage() string {
if m != nil && m.Image != nil {
return *m.Image
}
return ""
}
// ImageReviewSpec is a description of the pod creation request.
type ImageReviewSpec struct {
// Containers is a list of a subset of the information in each container of the Pod being created.
// +optional
Containers []*ImageReviewContainerSpec `protobuf:"bytes,1,rep,name=containers" json:"containers,omitempty"`
// Annotations is a list of key-value pairs extracted from the Pod's annotations.
// It only includes keys which match the pattern `*.image-policy.k8s.io/*`.
// It is up to each webhook backend to determine how to interpret these annotations, if at all.
// +optional
Annotations map[string]string `protobuf:"bytes,2,rep,name=annotations" json:"annotations,omitempty" protobuf_key:"bytes,1,opt,name=key" protobuf_val:"bytes,2,opt,name=value"`
// Namespace is the namespace the pod is being created in.
// +optional
Namespace *string `protobuf:"bytes,3,opt,name=namespace" json:"namespace,omitempty"`
XXX_unrecognized []byte `json:"-"`
}
func (m *ImageReviewSpec) Reset() { *m = ImageReviewSpec{} }
func (m *ImageReviewSpec) String() string { return proto.CompactTextString(m) }
func (*ImageReviewSpec) ProtoMessage() {}
func (*ImageReviewSpec) Descriptor() ([]byte, []int) { return fileDescriptorGenerated, []int{2} }
func (m *ImageReviewSpec) GetContainers() []*ImageReviewContainerSpec {
if m != nil {
return m.Containers
}
return nil
}
func (m *ImageReviewSpec) GetAnnotations() map[string]string {
if m != nil {
return m.Annotations
}
return nil
}
func (m *ImageReviewSpec) GetNamespace() string {
if m != nil && m.Namespace != nil {
return *m.Namespace
}
return ""
}
// ImageReviewStatus is the result of the review for the pod creation request.
type ImageReviewStatus struct {
// Allowed indicates that all images were allowed to be run.
Allowed *bool `protobuf:"varint,1,opt,name=allowed" json:"allowed,omitempty"`
// Reason should be empty unless Allowed is false in which case it
// may contain a short description of what is wrong. Kubernetes
// may truncate excessively long errors when displaying to the user.
// +optional
Reason *string `protobuf:"bytes,2,opt,name=reason" json:"reason,omitempty"`
// AuditAnnotations will be added to the attributes object of the
// admission controller request using 'AddAnnotation'. The keys should
// be prefix-less (i.e., the admission controller will add an
// appropriate prefix).
// +optional
AuditAnnotations map[string]string `protobuf:"bytes,3,rep,name=auditAnnotations" json:"auditAnnotations,omitempty" protobuf_key:"bytes,1,opt,name=key" protobuf_val:"bytes,2,opt,name=value"`
XXX_unrecognized []byte `json:"-"`
}
func (m *ImageReviewStatus) Reset() { *m = ImageReviewStatus{} }
func (m *ImageReviewStatus) String() string { return proto.CompactTextString(m) }
func (*ImageReviewStatus) ProtoMessage() {}
func (*ImageReviewStatus) Descriptor() ([]byte, []int) { return fileDescriptorGenerated, []int{3} }
func (m *ImageReviewStatus) GetAllowed() bool {
if m != nil && m.Allowed != nil {
return *m.Allowed
}
return false
}
func (m *ImageReviewStatus) GetReason() string {
if m != nil && m.Reason != nil {
return *m.Reason
}
return ""
}
func (m *ImageReviewStatus) GetAuditAnnotations() map[string]string {
if m != nil {
return m.AuditAnnotations
}
return nil
}
func init() {
proto.RegisterType((*ImageReview)(nil), "k8s.io.api.imagepolicy.v1alpha1.ImageReview")
proto.RegisterType((*ImageReviewContainerSpec)(nil), "k8s.io.api.imagepolicy.v1alpha1.ImageReviewContainerSpec")
proto.RegisterType((*ImageReviewSpec)(nil), "k8s.io.api.imagepolicy.v1alpha1.ImageReviewSpec")
proto.RegisterType((*ImageReviewStatus)(nil), "k8s.io.api.imagepolicy.v1alpha1.ImageReviewStatus")
}
func (m *ImageReview) Marshal() (dAtA []byte, err error) {
size := m.Size()
dAtA = make([]byte, size)
n, err := m.MarshalTo(dAtA)
if err != nil {
return nil, err
}
return dAtA[:n], nil
}
func (m *ImageReview) MarshalTo(dAtA []byte) (int, error) {
var i int
_ = i
var l int
_ = l
if m.Metadata != nil {
dAtA[i] = 0xa
i++
i = encodeVarintGenerated(dAtA, i, uint64(m.Metadata.Size()))
n1, err := m.Metadata.MarshalTo(dAtA[i:])
if err != nil {
return 0, err
}
i += n1
}
if m.Spec != nil {
dAtA[i] = 0x12
i++
i = encodeVarintGenerated(dAtA, i, uint64(m.Spec.Size()))
n2, err := m.Spec.MarshalTo(dAtA[i:])
if err != nil {
return 0, err
}
i += n2
}
if m.Status != nil {
dAtA[i] = 0x1a
i++
i = encodeVarintGenerated(dAtA, i, uint64(m.Status.Size()))
n3, err := m.Status.MarshalTo(dAtA[i:])
if err != nil {
return 0, err
}
i += n3
}
if m.XXX_unrecognized != nil {
i += copy(dAtA[i:], m.XXX_unrecognized)
}
return i, nil
}
func (m *ImageReviewContainerSpec) Marshal() (dAtA []byte, err error) {
size := m.Size()
dAtA = make([]byte, size)
n, err := m.MarshalTo(dAtA)
if err != nil {
return nil, err
}
return dAtA[:n], nil
}
func (m *ImageReviewContainerSpec) MarshalTo(dAtA []byte) (int, error) {
var i int
_ = i
var l int
_ = l
if m.Image != nil {
dAtA[i] = 0xa
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(*m.Image)))
i += copy(dAtA[i:], *m.Image)
}
if m.XXX_unrecognized != nil {
i += copy(dAtA[i:], m.XXX_unrecognized)
}
return i, nil
}
func (m *ImageReviewSpec) Marshal() (dAtA []byte, err error) {
size := m.Size()
dAtA = make([]byte, size)
n, err := m.MarshalTo(dAtA)
if err != nil {
return nil, err
}
return dAtA[:n], nil
}
func (m *ImageReviewSpec) MarshalTo(dAtA []byte) (int, error) {
var i int
_ = i
var l int
_ = l
if len(m.Containers) > 0 {
for _, msg := range m.Containers {
dAtA[i] = 0xa
i++
i = encodeVarintGenerated(dAtA, i, uint64(msg.Size()))
n, err := msg.MarshalTo(dAtA[i:])
if err != nil {
return 0, err
}
i += n
}
}
if len(m.Annotations) > 0 {
for k, _ := range m.Annotations {
dAtA[i] = 0x12
i++
v := m.Annotations[k]
mapSize := 1 + len(k) + sovGenerated(uint64(len(k))) + 1 + len(v) + sovGenerated(uint64(len(v)))
i = encodeVarintGenerated(dAtA, i, uint64(mapSize))
dAtA[i] = 0xa
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(k)))
i += copy(dAtA[i:], k)
dAtA[i] = 0x12
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(v)))
i += copy(dAtA[i:], v)
}
}
if m.Namespace != nil {
dAtA[i] = 0x1a
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(*m.Namespace)))
i += copy(dAtA[i:], *m.Namespace)
}
if m.XXX_unrecognized != nil {
i += copy(dAtA[i:], m.XXX_unrecognized)
}
return i, nil
}
func (m *ImageReviewStatus) Marshal() (dAtA []byte, err error) {
size := m.Size()
dAtA = make([]byte, size)
n, err := m.MarshalTo(dAtA)
if err != nil {
return nil, err
}
return dAtA[:n], nil
}
func (m *ImageReviewStatus) MarshalTo(dAtA []byte) (int, error) {
var i int
_ = i
var l int
_ = l
if m.Allowed != nil {
dAtA[i] = 0x8
i++
if *m.Allowed {
dAtA[i] = 1
} else {
dAtA[i] = 0
}
i++
}
if m.Reason != nil {
dAtA[i] = 0x12
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(*m.Reason)))
i += copy(dAtA[i:], *m.Reason)
}
if len(m.AuditAnnotations) > 0 {
for k, _ := range m.AuditAnnotations {
dAtA[i] = 0x1a
i++
v := m.AuditAnnotations[k]
mapSize := 1 + len(k) + sovGenerated(uint64(len(k))) + 1 + len(v) + sovGenerated(uint64(len(v)))
i = encodeVarintGenerated(dAtA, i, uint64(mapSize))
dAtA[i] = 0xa
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(k)))
i += copy(dAtA[i:], k)
dAtA[i] = 0x12
i++
i = encodeVarintGenerated(dAtA, i, uint64(len(v)))
i += copy(dAtA[i:], v)
}
}
if m.XXX_unrecognized != nil {
i += copy(dAtA[i:], m.XXX_unrecognized)
}
return i, nil
}
func encodeVarintGenerated(dAtA []byte, offset int, v uint64) int {
for v >= 1<<7 {
dAtA[offset] = uint8(v&0x7f | 0x80)
v >>= 7
offset++
}
dAtA[offset] = uint8(v)
return offset + 1
}
func (m *ImageReview) Size() (n int) {
var l int
_ = l
if m.Metadata != nil {
l = m.Metadata.Size()
n += 1 + l + sovGenerated(uint64(l))
}
if m.Spec != nil {
l = m.Spec.Size()
n += 1 + l + sovGenerated(uint64(l))
}
if m.Status != nil {
l = m.Status.Size()
n += 1 + l + sovGenerated(uint64(l))
}
if m.XXX_unrecognized != nil {
n += len(m.XXX_unrecognized)
}
return n
}
func (m *ImageReviewContainerSpec) Size() (n int) {
var l int
_ = l
if m.Image != nil {
l = len(*m.Image)
n += 1 + l + sovGenerated(uint64(l))
}
if m.XXX_unrecognized != nil {
n += len(m.XXX_unrecognized)
}
return n
}
func (m *ImageReviewSpec) Size() (n int) {
var l int
_ = l
if len(m.Containers) > 0 {
for _, e := range m.Containers {
l = e.Size()
n += 1 + l + sovGenerated(uint64(l))
}
}
if len(m.Annotations) > 0 {
for k, v := range m.Annotations {
_ = k
_ = v
mapEntrySize := 1 + len(k) + sovGenerated(uint64(len(k))) + 1 + len(v) + sovGenerated(uint64(len(v)))
n += mapEntrySize + 1 + sovGenerated(uint64(mapEntrySize))
}
}
if m.Namespace != nil {
l = len(*m.Namespace)
n += 1 + l + sovGenerated(uint64(l))
}
if m.XXX_unrecognized != nil {
n += len(m.XXX_unrecognized)
}
return n
}
func (m *ImageReviewStatus) Size() (n int) {
var l int
_ = l
if m.Allowed != nil {
n += 2
}
if m.Reason != nil {
l = len(*m.Reason)
n += 1 + l + sovGenerated(uint64(l))
}
if len(m.AuditAnnotations) > 0 {
for k, v := range m.AuditAnnotations {
_ = k
_ = v
mapEntrySize := 1 + len(k) + sovGenerated(uint64(len(k))) + 1 + len(v) + sovGenerated(uint64(len(v)))
n += mapEntrySize + 1 + sovGenerated(uint64(mapEntrySize))
}
}
if m.XXX_unrecognized != nil {
n += len(m.XXX_unrecognized)
}
return n
}
func sovGenerated(x uint64) (n int) {
for {
n++
x >>= 7
if x == 0 {
break
}
}
return n
}
func sozGenerated(x uint64) (n int) {
return sovGenerated(uint64((x << 1) ^ uint64((int64(x) >> 63))))
}
func (m *ImageReview) Unmarshal(dAtA []byte) error {
l := len(dAtA)
iNdEx := 0
for iNdEx < l {
preIndex := iNdEx
var wire uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
wire |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
fieldNum := int32(wire >> 3)
wireType := int(wire & 0x7)
if wireType == 4 {
return fmt.Errorf("proto: ImageReview: wiretype end group for non-group")
}
if fieldNum <= 0 {
return fmt.Errorf("proto: ImageReview: illegal tag %d (wire type %d)", fieldNum, wire)
}
switch fieldNum {
case 1:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Metadata", wireType)
}
var msglen int
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
msglen |= (int(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
if msglen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + msglen
if postIndex > l {
return io.ErrUnexpectedEOF
}
if m.Metadata == nil {
m.Metadata = &k8s_io_apimachinery_pkg_apis_meta_v1.ObjectMeta{}
}
if err := m.Metadata.Unmarshal(dAtA[iNdEx:postIndex]); err != nil {
return err
}
iNdEx = postIndex
case 2:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Spec", wireType)
}
var msglen int
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
msglen |= (int(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
if msglen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + msglen
if postIndex > l {
return io.ErrUnexpectedEOF
}
if m.Spec == nil {
m.Spec = &ImageReviewSpec{}
}
if err := m.Spec.Unmarshal(dAtA[iNdEx:postIndex]); err != nil {
return err
}
iNdEx = postIndex
case 3:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Status", wireType)
}
var msglen int
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
msglen |= (int(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
if msglen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + msglen
if postIndex > l {
return io.ErrUnexpectedEOF
}
if m.Status == nil {
m.Status = &ImageReviewStatus{}
}
if err := m.Status.Unmarshal(dAtA[iNdEx:postIndex]); err != nil {
return err
}
iNdEx = postIndex
default:
iNdEx = preIndex
skippy, err := skipGenerated(dAtA[iNdEx:])
if err != nil {
return err
}
if skippy < 0 {
return ErrInvalidLengthGenerated
}
if (iNdEx + skippy) > l {
return io.ErrUnexpectedEOF
}
m.XXX_unrecognized = append(m.XXX_unrecognized, dAtA[iNdEx:iNdEx+skippy]...)
iNdEx += skippy
}
}
if iNdEx > l {
return io.ErrUnexpectedEOF
}
return nil
}
func (m *ImageReviewContainerSpec) Unmarshal(dAtA []byte) error {
l := len(dAtA)
iNdEx := 0
for iNdEx < l {
preIndex := iNdEx
var wire uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
wire |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
fieldNum := int32(wire >> 3)
wireType := int(wire & 0x7)
if wireType == 4 {
return fmt.Errorf("proto: ImageReviewContainerSpec: wiretype end group for non-group")
}
if fieldNum <= 0 {
return fmt.Errorf("proto: ImageReviewContainerSpec: illegal tag %d (wire type %d)", fieldNum, wire)
}
switch fieldNum {
case 1:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Image", wireType)
}
var stringLen uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
stringLen |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
intStringLen := int(stringLen)
if intStringLen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + intStringLen
if postIndex > l {
return io.ErrUnexpectedEOF
}
s := string(dAtA[iNdEx:postIndex])
m.Image = &s
iNdEx = postIndex
default:
iNdEx = preIndex
skippy, err := skipGenerated(dAtA[iNdEx:])
if err != nil {
return err
}
if skippy < 0 {
return ErrInvalidLengthGenerated
}
if (iNdEx + skippy) > l {
return io.ErrUnexpectedEOF
}
m.XXX_unrecognized = append(m.XXX_unrecognized, dAtA[iNdEx:iNdEx+skippy]...)
iNdEx += skippy
}
}
if iNdEx > l {
return io.ErrUnexpectedEOF
}
return nil
}
func (m *ImageReviewSpec) Unmarshal(dAtA []byte) error {
l := len(dAtA)
iNdEx := 0
for iNdEx < l {
preIndex := iNdEx
var wire uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
wire |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
fieldNum := int32(wire >> 3)
wireType := int(wire & 0x7)
if wireType == 4 {
return fmt.Errorf("proto: ImageReviewSpec: wiretype end group for non-group")
}
if fieldNum <= 0 {
return fmt.Errorf("proto: ImageReviewSpec: illegal tag %d (wire type %d)", fieldNum, wire)
}
switch fieldNum {
case 1:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Containers", wireType)
}
var msglen int
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
msglen |= (int(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
if msglen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + msglen
if postIndex > l {
return io.ErrUnexpectedEOF
}
m.Containers = append(m.Containers, &ImageReviewContainerSpec{})
if err := m.Containers[len(m.Containers)-1].Unmarshal(dAtA[iNdEx:postIndex]); err != nil {
return err
}
iNdEx = postIndex
case 2:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Annotations", wireType)
}
var msglen int
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
msglen |= (int(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
if msglen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + msglen
if postIndex > l {
return io.ErrUnexpectedEOF
}
if m.Annotations == nil {
m.Annotations = make(map[string]string)
}
var mapkey string
var mapvalue string
for iNdEx < postIndex {
entryPreIndex := iNdEx
var wire uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
wire |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
fieldNum := int32(wire >> 3)
if fieldNum == 1 {
var stringLenmapkey uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
stringLenmapkey |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
intStringLenmapkey := int(stringLenmapkey)
if intStringLenmapkey < 0 {
return ErrInvalidLengthGenerated
}
postStringIndexmapkey := iNdEx + intStringLenmapkey
if postStringIndexmapkey > l {
return io.ErrUnexpectedEOF
}
mapkey = string(dAtA[iNdEx:postStringIndexmapkey])
iNdEx = postStringIndexmapkey
} else if fieldNum == 2 {
var stringLenmapvalue uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
stringLenmapvalue |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
intStringLenmapvalue := int(stringLenmapvalue)
if intStringLenmapvalue < 0 {
return ErrInvalidLengthGenerated
}
postStringIndexmapvalue := iNdEx + intStringLenmapvalue
if postStringIndexmapvalue > l {
return io.ErrUnexpectedEOF
}
mapvalue = string(dAtA[iNdEx:postStringIndexmapvalue])
iNdEx = postStringIndexmapvalue
} else {
iNdEx = entryPreIndex
skippy, err := skipGenerated(dAtA[iNdEx:])
if err != nil {
return err
}
if skippy < 0 {
return ErrInvalidLengthGenerated
}
if (iNdEx + skippy) > postIndex {
return io.ErrUnexpectedEOF
}
iNdEx += skippy
}
}
m.Annotations[mapkey] = mapvalue
iNdEx = postIndex
case 3:
if wireType != 2 {
return fmt.Errorf("proto: wrong wireType = %d for field Namespace", wireType)
}
var stringLen uint64
for shift := uint(0); ; shift += 7 {
if shift >= 64 {
return ErrIntOverflowGenerated
}
if iNdEx >= l {
return io.ErrUnexpectedEOF
}
b := dAtA[iNdEx]
iNdEx++
stringLen |= (uint64(b) & 0x7F) << shift
if b < 0x80 {
break
}
}
intStringLen := int(stringLen)
if intStringLen < 0 {
return ErrInvalidLengthGenerated
}
postIndex := iNdEx + intStringLen
if postIndex > l {
return io.ErrUnexpectedEOF
}
s := string(dAtA[iNdEx:postIndex])
m.Namespace = &s
iNdEx = postIndex
default:
iNdEx = preIndex
skippy, err := skipGenerated(dAtA[iNdEx:])
if err != nil {
return err
}
if skippy < 0 {
return ErrInvalidLengthGenerated
}
if (iNdEx + skippy) > l {
return io.ErrUnexpectedEOF
}
m.XXX_unrecognized = append(m.XXX_unrecognized, dAtA[iNdEx:iNdEx+skippy]...)
iNdEx += skippy
}
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if iNdEx > l {
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Are you looking for the best car seat cushion for long drives or for pain free life? Whether it is for long trip or for pain free happy life, worry no more. You’ve come to the RIGHT place. To ensure your satisfaction in purchasing a car seat cushion, we’ve compiled a very few seat cushions here which are highly recommended by the fitness experts and orthopedics. Moreover, you may need to buy a cushion suitable for long drive, but your elder brother or grand father may need one for back pain or sciatica pain. So, we’ve represented cushions here that’ll be amazingly helpful to let you enjoy pain free easy driving.
Did you notice that almost all the manufacturers claim that their cushions are the best to let you enjoy happy and pain free driving. That’s why it becomes so difficult to pick up a really good one. It’s also not impossible that all the cushions are of high quality. But, who knows which one is the best fit to fix your issue. So, it is better to carefully consider the features of a cushion for your car seat before buying it.
Table of Contents
List of the best car seat cushion for long drives
Must Have Features in the best car seat cushions
Things To Consider Before Buying a Seat Cushion for Your Car
A Few Tips For The Older Drivers
Final Verdict
List of the best car seat cushion for long drives
Before knowing the must have features of a car seat cushion, it’ll be wise to have a look at some high quality seat cushion for car which have a lots of positive customer reviews. A customer may leave a positive review for the money. A few people may write positive reviews on a particular cushion if they get this product for free. But, it’s impossible to have dozens of five star reviews to a product which is actually not so good. No more time wasting. Let’s see which are the most suitable car seat cushions for long drives.
Aylio Coccyx Seat Cushion With Washable Cover
The Aylio Coccyx Seat Cushion comes with a unique design that features a cut out where your tailbone sits to mitigate pressure off your lower spine, tailbone and hips. Particularly designed to give relief from all types of back pain. Moreover, this cushion ameliorates even weight distribution and can also promote your posture. It usually works by allowing your tailbone to levitate above the car seat rather than static sitting directly on it and so takes the weight off of this body parts which normally become the victim of the direct impact of car vibrations and bumps.
An over pressured foam makes up the inward of the cushion and its ergonomically fit structure to match the shape of your buttocks, ensuring better support on all sides. The other win win feature of this cushion is that it soft velour cushion cover can be manually removed which is easily machine washable. It is fully portable that even can easily be moved from your car seat to your indoor office chair. Hope this will save you from buying another one for your office chair.
To bring a light air of peace to your mind, hundreds of customers who drive for a living are using this cushion for hours at a time while driving and alluding that it amazingly compress down into nothing, which make it one of the best fits for long drive. It promises to hold its shape and remains supportive, all the day. Whether you are experiencing tailbone pain in pregnancy, an injury or just because of your old age, this cushion has an incredible number of positive reviews on Amazon.
To say something about its proud manufacturer, Aylio was started by a happy couple in the US. The best point to consider buying this cushion is that wife Larisa is a certified occupational therapist. Her background helped her in designing that so many wellness products their company offers. Moreover, they offer a lifetime warranty on their products which makes buying this cushion a pretty right decision.
Everlasting Comfort 100% Pure Orthopedic Design Luxury Seat Cushion
Everlasting Comfort is such a name you can trust to assuage your pain and uneasiness from long driving, and to bring the everlasting comfort and ultimate softness to your life. They have a strict product policy that if any of their products fail to outperform the most idolized and highest rated competitors in the cushion industry, they will then not bring that product to market. This is the reason we can’t but suggesting you to consider checking customer reviews and its price on Amazon.
Similarly designed as the Aylio Coccyx Seat Cushion With Washable Cover, this Everlasting Comfort 100% Pure Orthopedic Design Cushion has the same topcellent cut out. But this one is made from memory foam which allows this cushion molds to the shape of the body as it warms up. But unlike any normal memory foam cushions, heavier customers point out that this one doesn’t flatten down even after sitting for long time.
It is burly enough to hold its original shape and thus it stays supportive It’s also wide enough to accommodate all shapes and all sizes. You know, this cushion comes with a pliable and flexible cover that permits you to remove it for washing, which is really great for the customers who have to spend long hours in their car and forced to eat while driving. This one is the right choice for the customers who suffers from disc issues or the problems with leg numbness. Another cool feature of this seat cushion is just what some shorter customers appreciate, the little height boost which this cushion provides.
Clever Yellow Auto Drivers Wedge Car Seat Cushion with Strap
Do long drives hurt you?
Does sitting on your car seat for long periods of time lead you to suffer back pain?
Worry no more! To make all of your next rides more enjoyable, Clever brings auto drivers wedge car seat cushion with memory foam and ultra slim wedge to ensure comfort and lumbar support. Though the Clever Yellow Car Seat Cushion has the same tailbone cut out feature, the overall design and style is completely different than the above two amazing models. It also has a peculiarly designed wedge shape to provide comfort to the fullest.
The unique idea behind the 3 inch high wedge is to bevel the buttocks slightly, which in turn is meant to improve posture while remissiving the pressure on your lower back and hips. Designed mainly for driving, this amazing seat cushion has an adjustable strap that goes around the back of your car seat to keep it in place which also can easily be attached to an office chair and even can be used at home.
Three layer technology inside the cushion ascertains that it won’t flatten down over long time and it includes molded foam core with a dense memory foam to enhance comfort level. To make the cushion easily breathable and heat wicking during the long drives in the hot summer days, the foam is covered with a mesh material on the outside, and of course, the cover is removable and hand or machine washable. And about customer reviews, it’s of course better to check out customer review section on Amazon, though we also noticed that quite a very few customers experience back pain due to the structure of this bucket shape seat, specifically those who are a bit shorter than the average people. It’s also true that a few people have found this cushion to give a nice boost to the seat height and a decent amount of relief from car seats that don’t agree with their backs. A considerable fact is that being a family business based in the UK, Clever Yellow cushions are sold almost all over the world. So, it completely depends on you whether choose it or not.
Conformax Combo Set “Cocoon of Comfort” Gel Car Cushion
Are you looking for something completely different? Are you searching for extended all day driving comfort and relief from any annoying discomfort caused from long driving? Yes, bringing yet another completely different but, nice looking style to our list of favorites, the Conformax Combo Set “Cocoon of Comfort” Gel Car Cushion gives an arresting option for those looking for whole day long full support throughout the seat and back.
In fact, two separate cushions, this one offers a seat cushion with matching facility for the back which is easily adjustable in accordance with the height of the user and the shape of their car seat. The seat back cushion attaches to the head rest support pillars of the car seat which has also a lower strap that attaches to the bottom of the car seat to ensure maximum stability of your cushion.
Both the cushions are covered with the Conformax Airmax cushion cover which is a 2-way stretch, breathable mesh that continuously provides good air circulation and wicks sweat. Moreover, to keep the cushion cool and comfortable during the long periods of driving in hot days, this seat cushion comes with an installed gel layer inside. As this cushion is latex free as well as environmentally sound, so there’s no problem in sitting on this cushion set for hours after hours even if you have allergies. But, you know, it’ll be better for you to visit your doctor before buying this cushion if you’re suffering from allergies.
Lovehome Cool Gel Lower Back Pain Relief Seat Cushion
A rich people isn’t generally supposed to sit on the car seat for whole day long. But, if it’s true to you that you’re always hot in your car, or if you live in a hot climate area, then, the LoveHome Cool Gel Seat Cushion might be the most suitable choice for you. A simple pad shaped seat cushion with no angles or cut outs, this one is great for those who want to intersperse their body weight while sitting for long periods of time but need some extra air circulation.
The dimples in the cushion work as cooling vents which are paired with the comfortable cool gel top layers along with a water resistant Lycra Neoprene and an antimicrobial cover. And a high density polyurethane foam pad makes up the lower layer of the cushion which help keeping the cushion shape unaffected even after long periods of constant use. Also the bottom of the cushion has a rubberized anti slipping coating so it stays in right place on your car seat while you drive.
This renowned cushion company is based in China and makes a wide range of cushions for lumbar support. The optimal part is that all the seat cushions of this company come with a no hassle, money back guarantee along with a twelve-month service warranty. So, I think there will be no issue in having a try to this cushion at least for a week. Then, you’ll firmly be able to decide whether to keep it on your car seat or packing it up for return.
Aylio Comfort Foam Wedge Coccyx Car Seat Cushion
Another cushion from Aylio. The Aylio ergonomically designed high quality comfort wedge cushion will decrease the pressure on your lower tailbone (coccyx) while driving trucks, cars, or any vehicles for long time. This cushion is also usable in the airplane seat. From a top seller in automotive on Amazon.com, it is also a very good choice for using in office chairs or any other common chair at home. (this is not suitable for rocking chair).
As it comes from Aylio, from using this cushion on your car or any other seat, pressure will be lessened on your hip bones which may become sore while driving or sitting for long time. It fits tight and close to your back bottom and prevent slipping. It also increases your blood circulation when sitting for hours without any break.
This super soft cushion lets you to enjoy driving with its maximum support. The cutout section on the rear edge of this car seat cushion ensures weight distribution and thus improves your posture while keeping your spine safely aligned. It does not have a belt, which may appear to be a fact of issue to you. But, from practical use, it has been proven to us that your body weight will hold it in its right place. There is a Lifetime Warranty for this cushion and you can easily clean it as it has removable zippered velour cover. So, what do you think now?
WonderGel Roll-n-Go Car Seat Cushion
The gel materials may grip your back while leaving the car seat, this cushion looks not so attractive and whenever you get out of the car, this odd looking seat cushion moves and kind of bunches up. If these are not a problem to you, then you can check it’s customer reviews on Amazon.
Being manufactured in the United States, the WonderGel Roll-n-Go Car Seat Cushion will give you a therapeutic support to keep you pain free while driving and relieve pressure with its column buckling gel technology. The cushion is right choice for the drivers who drive for a living. It also can be a good choice for any type of car seats and even for your chairs to provide a reliable support for your butt and thighs.
This exceptional cushion is designed with the ultra soft but strong rubber-like elastic material which helps your bottom to be held perfectly to reduce pressure on your bones. Though it is manufactured to use in various types of seats, professional truck drivers love this very much. For your better consideration, the WonderGel is made from Gelastic which is originated from a very special type of gel in a form of hollow columns. These columns come together to form one of the nature’s strongest and most effective patterns which resembles most like a honeycomb.
To relieve your pressure in a very effective way, each of this cushion column walls are shared by other adjoining columns that work together. This cushion has breathable feature which lets it return to its original shape when you get off it after enjoying your driving. Like any other high quality cushion, it has 2 sides. The softer side gives you comfort and the other side provides strong support for your physical shape and weight.
You can easily take it with you to put on the bleachers at sports events(if you’re also a big fan of sports). The cushion is featured with a black zippered washable nylon cover with a carrying handle to take the cushion with you wherever you need or wish to carry it. You may think that its gel will be a issue. But, its gel is not liquid, and is waterproof and you can wash it with lukewarm water and detergent or mild soap. Using any heat to make it dry after washing is not allowed. Now, if a 12 month Limited Warranty seems to be enough, feel then free to check its price on Amazon.
I-pure items Comfortable Car Seat Cushion with Memory Foam
The I-pure items Comfortable Car Seat Cushion with Memory Foam is very comfortable for truckers and car drivers, though anybody can use it at their office or anywhere else to help with pain from their lower back,coccyx and sciatica. It comes with a black mesh cover and zipper to be washable in your washing machine. Use gentle cycle with cold water and mild soap or detergent and let it dried by air.
To get relief from lower tailbone pain and have better posture when sitting straight finally without any pain, it can be a wise selection. The hollow center section of this cushion provides more airflow while the mesh cover keeps you cool in hot weather. You know, the private area of your body should never become sweaty and sticky. So, the inside of this seat cushion is made of 100% memory foam to keep it solid and flat over time and perfectly fits the shape of your body. Moreover, the rear of the cushion is slightly higher to lift your spine and to keep your cushion stay in place it comes with a no slip rubber bottom. This cushion is ideal for even wheelchairs, airplane pilots, airplane passengers. So, you can check its other features, dimension and price on Amazon.
PharMeDoc Foam Seat Cushion for Trucks and Cars
The PharMeDoc foam seat cushion is designed in California, but made with love in China. This budget cushion is designed specially for your coccyx, sciatica, and butt pain which is so fitting to use in trucks, cars, at home and even in the office — anywhere you expect supporting comfort. You’ll get this cushion available in black, blue, brown, gray, or pink color. Breathable mesh cover is actually a common feature for most of the quality cushions and this one also has this feature with a zipper which can be easily removed for washing and fast drying. It is hypoallergenic, but it has no phthalates or latex and its rear cut out shape is suitable for your tailbone to relieve pressure on it and to help with stiffness in your hips after sitting and comfortably staying for long time on the seat without sweating.
The cushion will keep its shape unaffected after continual using and never go flat. Being bearable and lightweight, you can effortlessly take it everywhere with you. The cushion will raise you up for better position and align your spine by keeping it upright, while driving or writing. It also is very effective to reduce pressure sores, pain, and aches. You will receive a User’s Manual and a Lifetime Manufacturer’s Warranty with this cushion. So, here your satisfaction is 100% guaranteed. Now, how about to check its price on Amazon!
SOFTaCARE Memory Foam Car Seat Cushion
The Soft & Care brand memory foam cushion is 2 pieces; one for your bottom, and the other one is for your back. This is a nice combination for OTR semi drivers, truck drivers, and all other vehicle drivers. To enjoy sitting for extended time without pain and have comfort at the same time, the performance of this cushion is really so impressive. As this seat cushion has two parts, the top part has a pocket for your cell phone and both have carrying handles for easy transporting to the places you need to go.
About the features of this cushion –
The cutout in the rear of the bottom cushion reduces pain It’s ergonomically designed to support your tailbone It’s also very effective for sciatica, herniated discs, pregnancy back pain, and more The lumbar lower back top cushion supports this area well to ensure extra comfort. The back part of the top cushion comes with a rubberized bottom for not slipping off The bottom cushion also has this same anti slipping feature The adjustable strap keeps your cushion in right place The 3D breathable mesh will never have you feeling too hot or too cold The zippered velour cushion is removable for easy washing It’s made of 100% pure high-density memory foam that holds its shape unchanged Usable in airplane, boats, tractors, and buses
Do you expect something more? If not, then this one can satisfy you with its 30 day 100% money back guarantee. A poor quality cushion can never provide this type of confirmation and we are here not to waste your time, but to assist you in finding out a quality cushion which will keep you pain free. If you can count on our clues, you can check its price on Amazon.
Must Have Features in the best car seat cushions
As I promised earlier, so, now I’m gonna show you a few must have features of a quality car seat cushion. Have a look at these features and then try to find out them in to above cushions. If you get those features into a cushion, then this one undoubtedly will be of high quality. In this way, you yourself can be able to identify a car seat cushion whether it is a best fit for you or not.
Quality
The first and foremost feature of a product is quality. No one wants to buy a poor quality product. So, you should come to know about this before taking a buying decision. To know the quality of a cushion, read its user manual, know its function and then go the customer review section on Amazon to justify its credibility.
Support
The next important thing is manufacturer’s support. When purchasing for a quality seat cushion, look for one that offers a satisfactory level of support as well as their products give a good support for your back and don’t collapse under the pressure of your body weight. Whatever the material the cushion is made of, it should stand up for long hours of use without being unaffected and be just as comfortable after a few hours as when you first sit down on it.
Durability
As you know, a car seat cushion can get a lot of use without any break. So, don’t forget to look for a good one that is made of durable and sturdy materials that will last and stand up months after months. A purchasable cushion should be covered with a strong fabric that won’t cleave or rip and the quality of the filling materials should be soft, comfortable and good.
Breathability
As it’s amazing to have a comfy and cozy cushion, you might need to drive your car for long hours even in the hot summer and you know, nobody likes that their cushion will make their back sweat and also make them feel hotter. So, a reliable car seat cushion for long drives should be breathable and wick away moisture from a sweaty back and should be mesh covered.
Comfort
Without a car seat cushion, driving, especially for the long trips, becomes very uncomfortable and painful. And if you drive for your living or have to drive long for your business, then it is not negotiable in any way. You need a docile, soft, comfortable and well-designed cushion for your car seat. You can easily buy one that is tailor made to distribute your weight and ensure breathing to make it much more comfortable.
Protect Your Leather Seat
Most of the car has built in leather seat and if yours is not different, then you will notice that it has been poked or rip somewhere because of rough cover. This also may happen if you drive with your car keys, other keys ring, wallets or even coins in your pocket. The function of a good car seat cushion should provide a smooth bottom that will not damage the leather seats of your car.
Health
A well-designed top quality cushions are made to improve your blood circulation, remove exhaustion of driving and damp extra stress. There are different seat cushions for different functions below the fold. Bes sure that you are going to buy the seat cushion that will solve your specific problem. Speaking of health, here is an amazing post I found about how to modify your car seat for a pain-free ride.
Appearance
A beautiful car seat cushion may boost the outlook and aesthetic appearance of your car. You can choose tailor made and custom design cushions for your car seat. You can also buy separate covers of perfect color for your seat cushions to match your mood or occasion and to enhance the aesthetic appearance of your car.
Ergonomic Shape
It’s a must that a comfortable cushion should be ergonomic in shape and fit the structure of your body properly. Whether you choose a cushion for your car seat that only covers your lower seat, or if you are looking for a cushion that covers the whole seat including your back, If the cushion shape is not ergonomic, you won’t get any chance to stay pain free while sitting on that rubbish seat. Memory foam or any other man-made materials that follow the shape of the small of your back and provide extended support to the lumbar region of your back will definitely prevent your back from getting sore over long periods of sitting and/or driving.
Driving for long periods of time can cause back pain, sciatica and hip pain even to the wholesome person. So, driving can easily become uncomfortable and full of pain to the person who suffer from any back issues. Specially truckers and delivery workers are just two of many professions those have to do lengthy hours of sitting and driving.
In one of the most visited Men’s Health article, Sir Alan Hedge, professor of ergonomics at Cornell University, Ithaca, NY 14850, USA, talks about the tangible types of strain on the human back that can occur from the concentrated situation of sitting while driving. He explains that –
the vibration of the spine pushes on the discs between your vertebrae–the cushions that act as shock absorbers and allow spinal movement–which can cause mechanical damage to the disks.
If the car seats were designed following ergonomic structure, nobody would then feel pain because of driving. So, a lots of famous chiropractors and senior orthopedic doctors suggest to use a soft cushion on the car seat to have an extra support for your back that the car seats lack. There are hundreds of car seat cushions available out there in the market, with each type serving a different need and issue. So, the hope for enjoying a pain free happy driving is not end here.
You can choose any of the above cushions for long driving if you’re now completely free from any back issue. These cushions will keep you pain free in future. But, if you have already fall into prey of coccyx, sciatica or any other back issues, here you’ll get specific cushions for your particular problem. This post is specially designed for you. Just read the given details with care.
Things To Consider Before Buying a Seat Cushion for Your Car
Before purchasing a car seat cushion, it is a matter of great important to consider the product features which we’ve already provided. But, professional drivers, for instance, may have different requirements than commuters with chronic lower back pain. By reflecting on your personal expectations and criterions, you can better determine which type of cushion is the most suitable to make your driving comfortable. Here’s some clues:
Source of Pain:
Most of the car cushions aim at either the posterior with a seat cushion or the lower back with a lumbar cushion. Some of the exclusive cushions cover both areas, with a few cushions supporting the cervical spine too. So, the cushion you’re going to buy should ideally address the type of pain you are experiencing.
A normal car seat cushion will usually suit those who have sciatica or experience numbness and pain in the legs, tailbone, hips or buttocks. The ergonomic design of these cushions will generally improve your sitting posture, but they will not offer any reliable support to the lumbar or cervical spine.
On the other hand, lumbar cushions actively and mainly work on the lower back. Though these cushions are the best fit for lumbar pain, they will not reduce your discomfort in the buttocks and legs which at times can be crucial. So, you’ll get some other cushions like Soft&Care Memory Foam Car Seat Cushion which cover both parts of the car seat. Some even offer a neck pillow for additional cervical support.
So, those who experience ache and pain in their hips, legs, and lower back may need to consider buying more than a single piece car seat cushion. A seat cushion for the legs and hips can easily be paired with a separate lumbar cushion to support the entire lower part of your body. So, why not letting your pain guide you to the cushion that’s most suitable for you.
Typical Car Temperature:
Based on the weather you live in, you may wish for a seat cushion that either remains cool on hot summer days or stays a little warm when it’s cold outside. Seat cushions with gel like the WonderGel Roll-n-Go Car Seat Cushion are generally best for those living in a warmer area. But, peoples living in comparatively cooler places will have no problem in using foam and fabric seat cushions which, those are living in warmer climates, may get a bit warm on hot season.
Material:
A lots of car cushions are being manufactured from materials like canvas, fabric, memory foam, and gel. So, don’t forget to consider the support, comfort level and heat retention offered by the material you choose. You know, foam seats provide lots of support and cushioning, making them about to perfect for your buttocks, cradling the spine and thighs. But, this cushion material, however, tends to get quite warm, which is better in the winter. The fabric usually gives less support but also tends to retain cool even after long use. And the gel memory foam cushions are generally more comfortable even in the high temperatures than any normal memory foam cushion.
Price:
May be this is the most important fact for the budget customers. Most of the budget car seat cushions tend to cost between $15 and $50. Though some cheap cushions are available for lower prices. But, be wary of extreme bargains, as these may come with inferior qualify. And there are also some luxury cushions. From my experience, those expensive luxury cushions are not always superior to cushions with more affordable prices, though some may be worth considering. So, now it’s up to you whether to break the bank or go for the budget one.
Customer Reviews:
When in doubt, even after having so handful resources at hand, it’s the only option to reference customer reviews to determine whether to go for a particular cushion or not. Inspect different cushions from different stores and see which benefits other customers mention. Also, take the time to read negative review (if any) to see what flaws and issues the cushion might have. Though we recommend all of the above products, customer reviews can help you better to pick up the best one.
A Few Tips For The Older Drivers
Driving and particularly driving for a living can be a daunting job as we get older and have less confidence behind the wheel. But a few simple cautions can help you in maintaining your confidence and command over the wheel and also can ensure a safe and comfortable driving.
Even if you have never experienced any issues with your vision or hearing, it’s important to visit your doctor and test your vision and hearing regularly.
Cushions will undoubtedly improve your level of comfort in driving. But, it’s so significant to stay active and do some fitness exercise in order to maintain flexibility and mobility of your body.
To enjoy safe driving, leave plenty of space between you and the other car before you and always start braking early.
Final Verdict
You’ll be amazed at how a car seat cushion can completely change your driving experience. The right seat cushion for your car will relieve your pain and will allow you to sit in comfort even on your long drives. Which means, you can get back to visiting new places as well as your loved ones. Happy driving. |
Since 2005, a Brazilian senator has been championing new cybercrime legislation which would include tough measures against file-sharing. Yesterday, at the International Free Software Forum, the Brazilian President openly criticized the bill, and then posed for pictures with The Pirate Bay's Peter Sunde.
Since 2005, Brazilian senator Eduardo Azeredo has been proposing new ‘cybercrimes’ legislation. Unlike some European proposals, the Brazilian one isn’t limited to dealing with copyright issues alone, but has expanded to include all “dangerous” online activities. Anyone creating a virus or simply sharing illicit files could be arrested and jailed for up to three years.
The International Free Software Forum (FISL) is an annual event sponsored by the Free Software Association taking place in Porto Alegre, Brazil. The event sees the coming together of researchers, social movements, entrepreneurs, hackers and free information advocates, this year including Peter Sunde, spokesman for The Pirate Bay.
At the event yesterday was a rather high-profile individual, Brazil’s President Lula. The President took the opportunity to publicly criticize the legislation supported by Senator Eduardo Azeredo.
“In our government it is prohibited to prohibit,” said the president during his speech at the event. “I consider this bill a form of censorship,” he added.
After meeting with others including Richard Stallman, President Lula noted that “..the Internet must continue free,” adding ”..the freedom is the source of the creativity”.
Also invited to the event was someone with perhaps an even higher profile in Internet-related issues than the president himself, The Pirate Bay’s Peter Sunde. Not wanting to miss out on a great photo opportunity to boost his popularity, President Lula Peter Sunde posed with Peter Sunde President Lula. |
George Alhassan (footballer, born 1941)
George Alhassan (9 September 1941-26 July 2013) was a Ghanaian football player.
The player participated at the 1968 Olympics in a game against Israel. and a year later he played for Ghana on 10 May 1969 in a 1970 World Cup qualification game.
References
External links
Category:Ghanaian footballers
Category:Ghana international footballers
Category:1941 births
Category:2013 deaths
Category:Olympic footballers of Ghana
Category:Footballers at the 1968 Summer Olympics
Category:Association football forwards |
Sunday, December 17, 2017
I used to be the one buying groceries, preparing meals for the family. Sincerely, I know I did a poor job, and I didn't particularly enjoy it. I found myself always buying the same ingredients, making the same meals. Worst, I lost even the motivation to cook dishes I used to cook. My husband pointed out : he barely sees curry chicken, clay-pot chicken anymore.
Things just gradually changed. I needed to cook dishes that I know my kids would at least eat. And, time was pressing, after picking up kids from school, I didn't have much time nor energy left to prepare somethings more decent.
Since I was the one buying grocery, there was a bookkeeping in my mind. We just finished this, we were running out of that, we needed to buy this, the kids demanded that. I was not used to plan ahead neither. I started planning dinner when I drove home, or the night before. And I remembered I had that and this ingredient left in the fridge.
Except that, it was mostly hubby who handled meals during the weekend. And sometimes he did complementary groceries for his own needs. I would complain : why did you buy bacon again? We had three packs sitting in the fridge! You know we had two bags of potatoes here, and you just bought the third one? Due to my complains, he would buy according to what I ask him to use in the fridge. But then it created another problem, I didn't know what he was going to cook, and when he was going to use the last pack of "lardon", I protested : No! I needed that for tomorrow dinner! He was so frustrated that he yelled at me : everything I do it's just wrong to you!
Then it comes this planning change, a change I welcomed with my heart. He decided to take care of the kids on Wednesdays (4/5ème). Now he works 4 days a week and I switched to full time. Since Awena goes to school as well, we can finally do the one parent sends them in the morning one parent pick them up at the evening model. I choose to send them because I'm not a morning person. Most of the time during the week, when I got home, the dinner is served. Except evenings when I work from home so would pick them up right after school, and sometimes I prepare dinner.
But mainly, hubby handles grocery.
And what happened? The other day, I heard him saying : did you use my mushroom?
Tuesday, December 12, 2017
On the 30th of November, one day before the kids were allowed to open their advent calendar, I saw that Awena had already took out 3 chocolates out of hers. Unlike her sister, she is just someone who doesn't listen to her parents. Hubby caught her hiding the chocolates in her room.
On the second day of December, six chocolates were gone, amid our warning that she would soon run out of it, and someday she would just see her sister eating chocolate while she has non. The warning didn't work, she refused even to open the box by date. She just randomly chose the boxes she wanted.
On the fourth day of December, she decided to open all the boxes, got out all the chocolates, and laid them on the floor.
On the 7th day of December, all the chocolates were eaten. Meanwhile, the big sister follows the rule, she patiently enjoys a chocolate per day.
Maybe that's because she's three that she doesn't understand things, or that's just her nature personality. She is just so different from her elder sister. When we said no to candy, the elder one was disappointed but did nothing. Whereas the younger one, she smiled at you, did nothing in front of you, but eventually you would find out that she ate a candle, at your back.
I hope things get improved. The house is a mess permanently and 80% of the damages came from her. She is just so unbearable.
We are at Christmas season but I had something to record to myself about Halloween.
Halloween was not a big event in general in France. For example it didn't have the Halloween parades in most of the cities just like in the US. Last year the kids were away, we got so many kids knocking on the doors that we were so fed up at the end.
Can you see her arm cast? Well, she broke it the first day of school holidays, on the trampoline. It seemed ok at the beginning, but she cried during the night, her hand was swollen the second morning so hubby decided to call a doctor as it was a Saturday. In France, clinics do not open on weekends (except Saturday morning). A doctor came, declared broken bone in her wrist, and she was going to the emergency. Yeah, there was no other option, the girls were supposed to go after lunch with their grandparents, but instead she went with hubby to the emergency. Emergency here doesn't mean fast treatment, they waited for like 4 hours until someone finally entertained them. I have always wondered why people had to go to emergency for this kind of things. I mean it could totally be done by a small clinic, for radiography and putting the cast. But not, such clinics don't exist, so everyone with something broken would have to wait in emergency, after the personals treat life threatening cases and have some times for this kind of patients.
My MIL prepared the costumes for them, and I think she did a good job.
Finally our turn to go knock on our neighbors' door. Around half didn't answer, some answered but said they ran out of candies, or parents not at home....
Mostly they just want candies. I don't understand why we give kids so many candies, it was just another successful western marketing campaign I guess.
Her arm cast lasted 6 weeks. She had to stop going to swimming classes and gymnastic training. She wrote and ate with her left hand, until when the cast was removed, she couldn't adjust back to using the right hand immediately. Overall, I felt that she was really brave, didn't fuss much about the inconvenient cast, I helped her wash, she mostly changed herself. At school, her classmates offered to jot down notes for her. I was so eager for it to be over, didn't like to see her in cast. Hubby said she got his gene, he broke many parts of his body when he was young. Well, I hope this is not true... |
Transfection by electroporation.
Electroporation--the use of high-voltage electric shocks to introduce DNA into cells--can be used with most cell types, yields a high frequency of both stable transformation and transient gene expression, and, because it requires fewer steps, can be easier than alternate techniques. This unit describes electroporation of mammalian cells, including ES cells for the preparation of knock-out, knock-in, and transgenic mice. Protocols are described for the use of electroporation in vivo to perform gene therapy for cancer therapy and DNA vaccination. Also described are modifications for preparation and transfection of plant protoplasts. |
After a lengthy trial, a jury has found entertainer and TV presenter Rolf Harris guilty of 12 counts of indecent assault. On July 4 2014, he was sentenced to a custodial sentence of five years and nine months.
Harris’s conviction adds to the sad litany of cases of sexual abuse of girls and women by male celebrities – a list that includes TV and radio personality Stuart Hall and the publicist Max Clifford. The large majority of survivors who testified in these cases came forward following the posthumous exposure of Jimmy Savile for sexual assaults against hundreds of children and adults.
The Savile explosion and the subsequent Met-led Operation Yewtree have laid bare the horrifying extent and degree of Savile’s abuse, and his manipulation of those with whom he came into contact. As Peter Spindler (then the officer leading Yewtree) so powerfully and succinctly put it, Savile “groomed a nation”.
It appears that the unmasking of Savile has created a climate where victims of other celebrities have been able to come forward – often several decades after their abuse – confident that they will be believed and that the authorities will seek justice, on their behalf.
The Yewtree inquiry has provoked very strong feelings indeed. Many argue the inquiry has rightly cast a devastating spotlight on how individuals used elements of their celebrity, wealth, power and reputation not only to sexually abuse women and children, but also to prevent that abuse from being investigated. Others believe that Yewtree amounts to a witch hunt against celebrities, and the criminalisation of largely “harmless” behaviour.
Some in this latter group have gone on to query why these supposed victims have come forward only now, occasionally suggesting that nothing happened and that many “victims” are just trying to enrich themselves.
However we interpret the Yewtree saga, it is undeniable large numbers of people have been abused by celebrities, who one way or another skilfully manipulated those around them to protect themselves.
Beyond this, there’s not a great deal more we can learn from the cases themselves. As disturbing as they are, they comprise only a tiny percentage of all sex offences – and instead of picking over their individual horrors, we should consider the much larger and more insidious problem of which they are just a small subset.
Everyday problem
The post-Savile celebrity sexual abuse cases follow a torrent of high-profile child sexual abuse scandals over the past 30 years, including in children’s homes, the Catholic church, as well as on-street exploitation (to name just a few). Nor are Savile and his ilk the first celebrity sexual offenders. They were preceded by the pop star Paul Gadd (aka Gary Glitter), convicted of child sex offences in the 1990s and again in the 2000s, and Jonathan King, jailed for seven years in 2001 for sexually abusing boys.
And lest we forget, the vast bulk of child sex abuse takes place in far more “mundane” settings – most child victims are abused by someone known to them, not a stranger, and around 30% of perpetrators are thought to be members of their victims’ immediate family members.
Our understanding of child sexual abuse has come a long way over the past 20-30 years. There are now more ways in which it can be detected, and the police are far more effective at investigating it. But once the furore over celebrity sexual abusers dissipates, then societal concern will diminish and children (and women) will continue to be sexually abused. They almost certainly were being abused as I wrote this article, and will be as you read it.
Still, our approach to child sex abuse, as with so many social and criminal ills, is often to shut the gate after the horse has bolted. Yes, we gnash our teeth and beat our chests when we discover abuse – but we still do little to prevent it. In short, our approach to sexual offending more generally needs a dramatic overhaul.
Wake up
That will require a serious long-term public awareness campaign, where every citizen is given the chance to learn about the extent and nature of sexual abuse, how its perpetrators commit their crimes, and how they avoid detection.
To achieve this, we must ensure that every child in the country receives adequate sex education lessons. It is ridiculous to expect children to understand and avoid sexual abuse if they haven’t been adequately taught about normal, consensual sex. An Ofsted report published last year found that sex education was poor in more than one-third of English schools, leaving these children vulnerable to abuse.
But even more importantly, we urgently have to address male socialisation. Of course some sexual abuse is committed by women, but they are responsible for only a small proportion of offences – by some estimates, as low at 6%. Sexual offences against both children and women are crimes committed overwhelmingly by men, both men and boys.
If our society is serious about changing that, we have to change the way boys are socialised. As things stand, too many grow up to believe it is acceptable to sexually assault children and women.
Not a watershed
The exposure of Savile and the convictions of Harris, Clifford and Hall might well offer some form of “closure” to their victims. The rest of us have come to a strange sort of crossroads. We will never again be so naïve about the existence of sexual abuse nor the prevalence of sex offenders, however well we might think we “know” them. Indeed, many commentators appear anxious to formally designate Savile/Yewtree as a “watershed” in our response to sexual abuse.
This is a dangerous delusion. While the Savile affair and everything it has unleashed may do something to advance our understanding of sexual offending, we have also been shown the abject state of our ability to deal with it.
And even as these abusers who for so long thought themselves beyond the law have finally been brought to justice, there is little to think the situation is changing. |
New Balance and Strava
As of May 4th, 2016 the MyNB app is powered by Strava. We’ve partnered with New Balance so you can make the most of your activities by earning MyNB points uploading your activities to Strava. To Connect your MyNB account to Strava from the web, log in to your account and select the 'Connect to Strava' option under the MyNB Rewards section on the My Rewards page. Then, follow the prompts to authorize.
Each activity earns you 25 points. You can earn points on up to 10 activities each month (limit 1 upload per day).
All activities uploaded to Strava are eligible to earn MyNB points. Just be sure to mark the activity as Public.
Points will be awarded next day if activity uploaded before 5 pm PST, two days if after 5 pm PST.
If you have any questions regarding the connection of your MyNB account to Strava, point redemption or point accumulation please reach out to New Balance's support here.
Most social fitness platforms have their own unique way of processing data. We are confident in the algorithms behind our analysis and believe that we are representing your data in the most accurate way possible. If you are seeing major discrepancies, it could be a result of the quality of data you are recording. Here are some helpful tips for recording the best possible data:
Use one-second recording intervals
Give your device plenty of time to acquire a strong satellite signal before starting to record
If you’re using a phone, close all other open applications
If you’re using pause/resume, make sure you do so consistently throughout your entire activity
Make sure your device has a clear and unobstructed view of the sky throughout the activity |
Tesla Eyeing Chile’s Lithium Reserves, In Talks With SQM
Tesla is now in talks with the Chile-based lithium mining firm SQM about the sourcing of further supplies — with the electric vehicle manufacturer reportedly interested in “important volumes,” according to industry figures.
To be more specific, the head of Chile’s development agency Corfo, Eduardo Bitran, was quoted by Reuters as saying that Tesla and SQM were “exploring” various possibilities following from interest being shown by Tesla.
This news isn’t particularly surprising, as Tesla will need to secure new lithium supplies if it is going to continue expanding at the rates that it’s targeting. Chile’s Atacama desert region is of course home to some of the largest concentrated lithium reserves in the world.
Reuters provides more: “Which is why, of course, Tesla is so interested in cutting its own lithium supply deal at its source in the Atacama desert. … Competition for units, meanwhile, is only going to become more intense as ever more automotive companies take their EV pledge. So far none, according to Benchmark Minerals, has actually locked in long-term contracted lithium supplies.
“The current market battle is playing out between lithium producers and battery-makers. The end-users, the car companies themselves, have so far been largely by-standers. That looks set to change. And it’s perhaps no surprise that Tesla, the self-acclaimed standard bearer of the electric future, is leading the way.”
In other words, Tesla’s decision to focus on the manufacture of “its own” battery cells (in close partnership with Panasonic, that is) is looking increasingly astute. The company seems to have created a major advantage for itself in the electric vehicle and energy storage sectors by doing so — with most other manufacturers facing an increasingly tight lithium market over the coming decade or so, it seems, and possibly reliance upon too many middle men.
About the Author
James Ayre James Ayre's background is predominantly in geopolitics and history, but he has an obsessive interest in pretty much everything. After an early life spent in the Imperial Free City of Dortmund, James followed the river Ruhr to Cofbuokheim, where he attended the University of Astnide. And where he also briefly considered entering the coal mining business. He currently writes for a living, on a broad variety of subjects, ranging from science, to politics, to military history, to renewable energy.
The content produced by this site is for entertainment purposes only. Opinions and comments published on this site may not be sanctioned by, and do not necessarily represent the views of Sustainable Enterprises Media, Inc., its owners, sponsors, affiliates, or subsidiaries. |
Rene LeClerc
Renald LeClerc (born November 12, 1947 in Vanier, Quebec) is a retired professional ice hockey player who played 87 games in the National Hockey League and 452 games in the World Hockey Association. He played for the Detroit Red Wings, Quebec Nordiques and Indianapolis Racers. As a youth, he played in the 1960 Quebec International Pee-Wee Hockey Tournament with the junior Quebec Aces.
References
Category:1947 births
Category:Living people
Category:Canadian ice hockey centres
Category:Cleveland Barons (1937–73) players
Category:Detroit Red Wings draft picks
Category:Detroit Red Wings players
Category:Sportspeople from Quebec City
Category:Indianapolis Racers players
Category:Quebec Nordiques (WHA) players
Category:Ice hockey people from Quebec |
The Studio One at Nusa Dua
Boutique-Hotel, Nusa Dua
The Studio One at Nusa Dua situated just outside Bali Tourism Development Corporation (BTDC) area. It is only a 5 minutes walk from beach and restaurants. This budget hotel bMore]
Niloufar Villa
Private Villa, Canggu
The splendid five-bedroom property known as Villa Niloufar, meaning “LOTUS” in Persian, rests in blissful seclusion in a rural setting in southwest Bali. It is an ideal destination for ... [More] |
Case report of a papillary fibroelastoma arising from the left ventricular outflow septum just beneath the aortic valve.
Cardiac papillary fibroelastomas are rare benign tumors with frond-like growths that typically involve the native valve tissue. Papillary fibroelastomas originate less commonly in the ventricular septum. We report a rare case of fibroelastoma arising from the left ventricle. |
365 S.W.3d 310 (2012)
STATE of Missouri, Respondent,
v.
Travis L. KNOTT, Appellant.
No. WD 73557.
Missouri Court of Appeals, Western District.
May 1, 2012.
Laura G. Martin, Kansas City, MO, for appellant.
Shaun J. Mackelprang and Richard A. Starnes, Jefferson City, MO, for respondent.
Before Division Four: LISA WHITE HARDWICK, Chief Judge, Presiding, KAREN KING MITCHELL, Judge and CYNTHIA L. MARTIN, Judge.
ORDER
PER CURIAM:
Travis Knott ("Knott") appeals from the trial court's judgment convicting him of one count of murder in the second degree pursuant to Missouri's "felony murder rule" and two counts of armed criminal action. Knott contends upon appeal that the trial court erred in denying his motions for judgment of acquittal because the State failed to prove beyond a reasonable doubt that the robbery and the ensuing flight therefrom was the proximate cause of the victim's death. Knott also claims that because the State did not meet its burden in establishing the underlying offense, his convictions for armed criminal action are invalid. We affirm. Rule 30.25(b).
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Resistin gene polymorphisms and progression of glycaemia in southern Chinese: a 5-year prospective study.
Human resistin gene (RETN) polymorphisms have been found to be associated with type 2 diabetes (T2DM), insulin resistance and/or obesity. We evaluated, in a 5-year prospective study, whether RETN polymorphisms could predict the progression of glycaemia in southern Chinese. We conducted a systematic search for variants in RETN in 70 southern Chinese subjects. This was followed by the genotyping in 624 unrelated nondiabetic subjects of two polymorphisms, -420C-->G and +62G-->A, previously reported in cross-sectional studies to be associated with T2DM in Asians, to examine their relationship with the progression of glycaemia in this cohort. We identified 15 polymorphisms, including 2 novel but rare polymorphisms (-319G-->A and +63G-->C). Compared to subjects with the CC genotype, -420GG subjects had higher 2-h glucose (7.7 +/- 1.8 vs. 7.2 +/- 2.0 mmol/l, P = 0.011) and insulin (101.6 +/- 69.5 vs. 79.8 +/- 59.5 mU/l, P = 0.021) during an oral glucose tolerance test. Carriers of the +62A allele had higher body mass indices (25.3 +/- 4.0 vs. 24.5 +/- 3.6 kg/m(2) in GG, P = 0.02). The presence of the allele -420G (OR 2.15, 95% CI 1.28-3.60, P = 0.004) or +62A (OR1.86, 95% CI 1.08-3.21, P = 0.025) predicted the progression of glycaemia at Year 5, after adjustment for sex, age or body mass index. The haplotype G-A also conferred a higher risk of progression in glycaemia (P = 0.002). Our study would support the role of the resistin gene in obesity, insulin resistance and progression of glycaemia in southern Chinese. |
WSJ: Coats, Cowls Warm Up the Runways
WALL STREET JOURNAL | ELIZABETH HOLMES
Having weathered a particularly harsh winter along with the masses, New York Fashion Week designers have made outerwear a dominant trend on the runway.
Carolina Herrera, the luxury designer known for her red-carpet gowns, began her show Monday with a dark gray wool coat accented by a deep purple velvet belt.
Mary-Kate and Ashley Olsen, the twins behind The Row, said the recent snowstorms inspired them to include a puffy silver jacket and puffer ski pants in their collection.
Designers are hoping that customers this year will be more willing to shell out for expensive items like outerwear, which can come with higher margins, as people grow tired of what's already in their closet. Luxury customers severely cut back their spending in 2008 when economic turmoil took hold. They delayed big-ticket or seemingly flashy purchases in 2009 as well, when conspicuous consumption became taboo.
"I have to buy a new coat this year," said Ron Frasch, Saks Inc.'s SKS +0.47%president and chief merchandising officer after Ms. Herrera's show on Monday morning. "You have to, because they're so great."
To ease the potential pain of a big-ticket purchase like a coat, the designers made the pieces versatile. Many garments on the runway could be worn as a part of a suit or as a standalone jacket.
"The designers are using outerwear as a layering piece," Mr. Frasch said. "They maybe look like a jacket to a suit, but they're also sufficient to wear in the early fall and this time of year."
A red wool sleeveless coat at Derek Lam could be worn either on its own or over a long-sleeved top, as could a striking raspberry motorcycle jacket from Tracy Reese.
Ms. Reese added fur stoles to her eveningwear and sent several long statement coats down the runway, garments she called "storm coats."
"We've had such a brutal winter. We need protection, but it has to be beautiful protection," Ms. Reese said backstage before her show. "Silhouettes that are kind of enveloping, I love the idea of that."
Elise Overland had an obvious emphasis on the elements, holding her presentation on an ice rink Saturday evening. Jason Wu began his show with a flannel coat, while Rebecca Minkoff opened with a shearling jacket.
The outerwear pieces came in a range of colors, from muted neutrals to vibrant brights. Many of the pieces offered face-framing features, such as an exaggerated cowl neck or a scarf.
Capes offered a new take on transitional dressing. Ms. Herrera showed a gray caplet with a matching trouser. A hooded wool olive cape at Max Azria looked as if it was a hybrid shawl.
Donna Karan included two capes in her DKNY show Sunday afternoon, which at first glance looked like a blazer hanging over the models' shoulders.
"The average winter coat is no longer acceptable," said Robert Burke, founder of the luxury retail consultancy Robert Burke Associates. "Now you have to have the fashion winter coat."
The Olsen twins hit on another prevalent trend of the season: fur. Using the animated film "Fantastic Mr. Fox" as a jumping off point, The Row fall collection featured luxurious fox fur coats and statement-making fur hats. A blue fox coat was paired with leather and then sewn to suggest a traditional puffer jacket.
"The fabric is so stunning to touch and to wear, and to look at," Mary-Kate Olsen said. |
The present invention is directed to telecommunication networks, and especially to telecommunication networks involving calls from mobile calling instruments to special number service stations. An example of such a call from a mobile calling instrument to a special number service station is a call from a cellular phone, from a Voice over Internet Protocol (VoIP) calling instrument or from another wireless or otherwise mobile device to an emergency service station such as a Public Safety Answering Point (PSAP) in an emergency service call system.
An emergency service call system, commonly known in the United States as an E9-1-1 System, will be employed herein as an exemplary preferred embodiment of the present invention. Other special number systems are deployed and would benefit from the present invention. Examples of such other special number systems include (by way of example and not by way of limitation) non-emergency police or fire call systems, telephone network maintenance call systems and commercially established special numbers (e.g., “dial ‘GOTIX’ on your AT&T Wireless phone for tickets”).
A basic 9-1-1 (Emergency Services) System provides for programming with special 9-1-1 software a telephone company end office (also known as a “central office” or a “Class 5 office”) to route all 9-1-1 calls to a single destination. The single destination is termed a Public Safety Answering Point (PSAP). In such an arrangement, all telephones served by the central office would have their 9-1-1 calls completed to the PSAP. However, the areas served by respective telephone company central offices do not line up with the political jurisdictions that determine the boundaries for which PSAP may be responsible. That is, a municipal fire department or police department may geographically include an area outside the area served by the central office, a condition known as underlap. Likewise, the municipal fire or police department may encompass an area of responsibility that is less expansive than the area served by the central office, a situation known as overlap. Further, the original basic 9-1-1 systems did not provide any identification of the caller; the PSAP human operator had to obtain such information verbally over the line after the call was connected. The major shortcoming of the basic 9-1-1 systems was that they could not support interconnection to other telecommunication providers such as independent telephone service companies, Alternate Local Exchange Carriers (ALECs), or wireless carriers. The “basic” nature of the basic 9-1-1 system also indicates that the system does not have Automatic Location Information (ALI) capability or Automatic Number Identification (ANI) capability with a call back capability.
Similar abbreviated number systems are in place for handling emergency service calls in countries other than the United States. The abbreviated number system established in Canada is the foreign system most similar to the system established in the United States. There are other abbreviated number calling systems in place in the United States and abroad for such purposes as handling municipal information and services calls (3-1-1) and for other purposes. All of these special or abbreviated number call systems that have geographic-based content suffer from similar shortcomings in their abilities to automatically place incoming calls to an action-response facility geographically proximate to the locus of the caller. It is for this reason that the 9-1-1 emergency call system of the United States is employed for purposes of this application as a preferred embodiment of the system and method of the present invention.
Automatic Number Identification (ANI) is a feature for 9-1-1 services that allows the caller's telephone number to be delivered with the call and displayed at the PSAP. This ANI feature is sometimes referred to as Calling Party Number (CPN). The feature is useful for identifying the caller and, if the caller cannot communicate, for callback. A signaling scheme known as Centralized Automatic Message Accounting (CAMA), originally used to identify the originator of a long distance call for billing purposes, was adapted to facilitate ANI delivery to the PSAP.
The availability of the caller's telephone number to the PSAP (the ANI feature) led quickly to providing the caller's name and address as well. This was straightforwardly accomplished using the subscriber information stored by telephone companies based upon telephone number since the 1980's. New equipment at the PSAP enabled queries of an Automatic Location Information (ALI) database using the caller's number provided by the ANI feature to ascertain name and address information. The ALI databases are typically maintained by the respective telephone company serving the PSAP. This was an improvement, but a problem still remained where several telephone company central offices served a town or county. Other problems also developed with the growing volume of mobile callers using wireless phones, satellite phones and communications over the Internet. Information regarding the locus of the origin of the call merely identified the locus where the call entered the wireline network; even such limited location information is not always provided. No indication was presented to identify the geographic location of such mobile callers.
As the situation of multiple central offices serving a PSAP occurred more frequently, it was clear that it was inefficient to build communication trunks from several central offices to a PSAP. As a result the 9-1-1 Tandem was developed. With that equipment, trunks from central offices are concentrated at a tandem office (a 9-1-1 Tandem) from which a single trunk group serves a given PSAP. Often a 9-1-1 tandem comprises an otherwise common Class 5 telephone system end office (EO), with added software to configure it for 9-1-1 operations. Such concentration of trunks reduces size and cost of PSAP equipment. The tandem is a telephone company switch that provides an intermediate concentration and switching point. Tandems are used for many purposes, including intra-LATA (Local Access and Transport Area) toll calls, access to other local exchange carriers (LECs), and access to long distance carriers and telephone operators.
A significant development in 9-1-1 services has been the introduction of Enhanced 9-1-1 (E9-1-1). Some of the features of E9-1-1 include Selective Routing, ANI, ALI, Selective Transfer and Fixed Transfer. Selective Transfer enables one-button transfer capability to Police, Fire and EMS (Emergency Medical Service) agencies appropriate for the caller's location listed on the ALI display. Fixed Transfer is analogous to speed dialing. Enhanced 9-1-1 services also permit provisioning supplemental data or information regarding calling parties, such as allergies to medications, presence of pets, infants or handicapped persons at the premises or similar information useful to responding to emergency service personnel.
Selective Routing is a process by which 9-1-1 calls are delivered to a specific PSAP based upon the street address of the caller. Selective Routing Tandems do not directly use address information from the ALI database to execute decisions regarding which PSAP to connect. Recall that emergency services (Police, Fire and EMS) are typically delivered on a municipality basis. Often there will be one Police Department (e.g., municipal, county or state), but there may be several Fire Departments and EMS Agencies. The town will be divided into response areas served by each respective agency. The response areas are overlaid and may be defined as geographic zones served by one particular combination of Police, Fire and EMS agencies. Such zones are referred to as Emergency Service Zones (ESZ). Each ESZ contains the street addresses served by each type of responder. The ESZs are each assigned an identification number (usually 3–5 digits), known as Emergency Service Numbers (ESN).
The Assignment of ESZs and corresponding ESNs enables the compilation of selective routing tables. The street addresses are derived from a Master Street Address Guide (MSAG), a database of street names and house number ranges within associated communities defining Emergency Service Zones (ESZs) and their associated Emergency Service Numbers (ESNs). This MSAG enables proper routing of 9-1-1 calls by the 9-1-1 Tandem; this is Selective Routing as implemented in an E9-1-1 system. Thus, the telephone company must have an MSAG valid address to be assigned the appropriate ESN for selective routing purposes and that information must be added to the E9-1-1 ALI database. It is by using such information that the selective routing capability of the Selective Routing Tandem can properly route an E9-1-1 call to the correct PSAP. If the information is not available in the ALI database, the record is placed into an error file for further manual handling.
A portion of the ALI database may be loaded into a Selective Routing Data Base (SRDB) for use by the 9-1-1 Tandem. The SRDB may be located in the Tandem, in an adjunct processor, or in the ALI database.
Reliability is a very important factor considered in designing 9-1-1 systems. One approach to providing reliability is to provide diversely routed trunk groups from each central office to its respective 9-1-1 Tandem. Preferably, each trunk group is large enough to carry the entire 9-1-1 traffic load for the respective central office. However, some systems are designed with less than full traffic capacity on trunk groups to “choke” or “congestion manage” incoming calls to a tandem in order to avoid overloading a PSAP. In some arrangements, parallel 9-1-1 Tandems are provided so that a central office has capable 9-1-1 Tandem ready for use (albeit with 50% call handling capacity) without interruption if one of the 9-1-1 Tandems fails. Switched bypass to an alternate 9-1-1 Tandem, commonly using digital crossover switches, is another approach to providing reliability in 9-1-1 systems.
Another approach to providing redundancy and robustness for a 9-1-1 system is the employment of Instant Network Backup (INB). Using INB, if a call does not complete to the 9-1-1 network for any reason (e.g., trunk failure, facility problem, 9-1-1 Tandem failure or port failure), the INB takes over and completes the call to a predesignated 7- or 10-digit number. Using this INB alternate path, ANI and ALI information are not delivered, but the call is completed to a local public safety agency, usually the local PSAP.
The interface between Operator handled calls and a 9-1-1 system is addressed in several ways. One system provides a direct connection between an Operator Tandem and the 9-1-1 Tandem. The operator forwards the call with the caller's ANI to the 9-1-1 Tandem. The 9-1-1 Tandem treats the call as though the caller had dialed the call. A second way to effect the desired interface is by using pseudo numbers. A pseudo number is a number that, when dialed, will reach a specific PSAP as a 9-1-1 call. Pseudo numbers have some special ALI information associated with them; for example, there may be a pseudo number associated with each municipality in a state. Dialing the pseudo number, usually from outside the LATA (Local Access and Transport Area), will generate a 9-1-1 to the PSAP for that municipality. The ALI display will indicate that it is a third party conference call from an unknown address in that town. The caller is not identified, but the call goes to the PSAP where the caller is believed, or claims, to be. Pseudo numbers are useful for Alternate Local Exchange Carrier (ALEC) or Competitive Local Exchange Carrier (CLEC) operators who may be located anywhere in the country.
A third method for effecting an interface for operator handled calls with a 9-1-1 system is through the Public Switched Telephone Network (PSTN), dialing the directory number for the PSAP. This is often referred to as the “back door” number by ALEC and CLEC operators.
The advent of wireless communications and other mobile phone capabilities (e.g., VoIP phones) has further exacerbated the difficulty of ascertaining caller location in telecommunication systems. The “patchwork” solutions described above regarding 9-1-1 systems have been mirrored in other special or abbreviated number systems to a significant extent. The “patchwork” solutions have created a capability-limited telecommunication system that cannot ascertain geographic information as fully or as easily as it should for all types of callers. This capability limitation has been especially felt in connection with calls made from mobile telephone instruments. The system is overly dependent upon human intervention to properly route calls to appropriate receivers, such as a proper PSAP. New modes of communication, such as Voice Over Internet Protocol (VoIP) and wireless communication instruments including wireless phones, wireless Personal Computers (PCs), wireless Personal Digital Assistant (PDA) devices and other mobile instruments, further contribute to telecommunication traffic not identifiable regarding geographic origin using present telecommunication routing systems.
Similar limitations will likely occur in other abbreviated number, or other special number, telephone systems handling location-based calls with resulting adverse limitations. Other such abbreviated number systems include emergency call systems in countries other than the United States, abbreviated number calling systems for reaching telephone maintenance services, abbreviated number calling systems for municipal information and services, and similar systems.
Provisioning of supplemental information to a special number service station (e.g., a PSAP in an emergency service call system) regarding a call originating from a mobile calling instrument is particularly difficult. Even with precise location information regarding locus of the origin of the call, such as would be available, for example, when the calling instrument has a Global Positioning System (GPS) capability, does not fulfill the need for availability of supplemental information regarding the calling party. Such supplemental information may include (by way of example and not by way of limitation) medical needs of the caller like allergies to medicines, or a request to notify specified personnel in the case of an emergency, or other information unique to the calling party that may be useful to responding emergency personnel. Other wireless systems, such as Automatic Collision Notification systems (ACN; one such system is referred to as ONSTAR™) may find it useful to alert responding emergency personnel that an infant or an invalid may be in an automobile involved in an accident. No systems are presently available to effect provisioning such supplemental information to a responding service station (e.g., a PSAP) for mobile instrument-originated calls. Mobile instrument-originated calls may include mobile telephone devices, wireless Personal Computers (PCs), wireless Personal Digital Assistant devices (PDAs), pager devices and other wireless-communication capable devices, whether capable of one-way or two-way communication. The present invention is also beneficial for other calling equipment having no particular fixed position, such as Voice over Internet Protocol phone devices (VoIP phones).
There is a need for a system and method for providing particular information relating to a caller placing a call from a mobile calling instrument to a special number service station in a telecommunication network. |
Q:
DataGridView Moving
I am trying to move selected rows from one DGV to another DGV at the click of a button.
I really don't know where to begin..
I have two seperate DGVs that are bound by a DataSource..
choiceDGV.DataSource = theChoiceList;
universalDGV.DataSource = theUniversalList;
I would like to move any selected items in the choiceDGV to the univeralDGV by a click of a button. I need to make sure the selected rows are removed from the one DGV and added to the 2nd DGV.
Both of the DataGridView's have the same amount of columns.
A:
Did you try:
foreach (DataGridViewRow row in choiceDGV.SelectedRows)
{
universalDGV.Rows.Add(row);
choiceDGV.Rows.Delete(row);
}
or (edited: DataGridViewRow doesn't have ItemArray unfortunately):
foreach (DataGridViewRow row in choiceDGV.SelectedRows)
{
object[] items = new object [row.Cells.Count];
for (int i = 0; i < row.Cells.Count; i++)
items[i] = row.Cells[i].Value;
universalDGV.Rows.Add(items);
choiceDGV.Rows.Delete(row);
}
|
Ramin's Most Recent Stories
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control.
Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series.
And this year, they’re staying in their old timeslots.
Fans of classic drama showcase “ExxonMobil Masterpiece Theatre” should be grateful that the series will be moving back to its original Sunday evening schedule; programmers shunted it to Monday nights last season.
“We made the move to Monday nights last year because we didn’t want to compete with the HBO drama powerhouse on Sunday nights,” says Jacobe Atlas, co-chief programming exec at PBS.
“What happened was that ‘Masterpiece’ was doing fine on Mondays, but our Sunday night docu series ‘American Experience’ lost some of its audience.”
Related
As a result, “Masterpiece Theatre” will be back in its cozy armchair spot Sundays and will kick off its new season with an extravagant seven-part series based on John Galsworthy’s popular novel “The Forsyte Saga.”
The new BBC program stars the likes of Damian Lewis, Rupert Graves, Gina McKee and Ioan Gruffudd, and is likely to generate the same kind of buzz the first BBC adaptation of the book did in 1968.
“It’s completely rethought and redramatized, and it’s as compelling as anything I’ve seen on the showcase,” notes Atlas. “We’re hoping that it will reawaken people to how good the series can be.”
Also on “a look back in wonder” mode is PBS staple documentarian Ken Burns, who has digitally remastered some of his most popular works for the fall.
Airing under the “Ken Burns’ American Stories” banner, the new Monday night weekly series will be a digital greatest hits of the filmmaker and will include titles such as “The Statue of Liberty,” “Mark Twain,” “Huey Long” and (the biggest one of them all) “The Civil War.”
Among the other new season highlights will be: “The Two Towns of Jasper,” Whitney Dow’s docu about the brutal murder of African-American James Byrd Jr. by white supremacists (Dec. 12); “Muhammad: Legacy of a Prophet,” a timely look at Islam and its impact in America (Dec. 18); an adaptation of Dava Sobel’s bestseller “Galileo’s Daughter,” starring Simon Callow as the brilliant scientist on “Nova” (Oct. 29); as well as a look back at the making of John Huston’s memorable film “The Misfits” (Oct. 2).
Also on tap are a TV adaptation of the play “Copenhagen,” starring Francesca Annis and Stephen Rea; concert versions of the musical “Contact” and the “Richard Rodgers Gala” on “Live From Lincoln Center”; and a wide range of profiles on Willie Nelson, Jimmy Carter, Benjamin Franklin and the young Sigmund Freud.
Since there’s no escaping reality programming these days, PBS will be doing its share by offering “1940s House,” a show in which three generations of a British family are forced to put up with conditions similar to those experienced by their countrymen during WWII.
Not quite as sordid as “Big Brother”; this is public TV, after all.
Unfortunately, reality is hitting PBS in other ways as well. Like most other nonprofits, pubcasters are seeing the ripple effect of the unstable Wall Street climate.
“This means foundations and corporations have less money to use as underwriting in the future,” says Atlas. “We don’t know how long this will last, but this could mean that we’d have to husband our money for fewer programs. The kind of looser spending that was going on in the ’90s is definitely a thing of the past.”
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Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […]
Like many of the commercial channels, PBS is offering its version of comfort food to keep its longtime viewers from grabbing the remote control. Back on the schedule are well-crafted docus, lushly shot British dramas, and the usual mix of current affairs, performance and science weekly series. And this year, they’re staying in their old […] |
Script to print a large file from command line
We are using windows 2000 client as print server and a zebra barcode printer. This printer will print only when there is object infront of it other wise it will not. We have
a large file (to print lables on 5000 cartons) and this total printing time is supposed to be 12 Hrs. We wnat when the job is given to be printed we should not get any error in case printer is busy or printer memory is full. We should get errors only if printer is not functioning.
memberksa: We did something very similar but it was for another printer. this is how we went about it. Our printer had an RS232 connection and we could connect to the printer via the MSCOMM control we used to send to the printer data via the port after checking the status of the printer. you can try the same if your printer allows you.
if your printer has a windows driver then you can check the status of the printer driver by using the Printing and Print Spooler Functions you can search in msdn for "Printing and Print Spooler Functions"
The printer is connected through 10Mbs TCP/IP (card is supplied by Zebra). Using serial port may not be practically viable b'caz
1) the distance between the printer and system is 100 Meters + (on production line and due environmental resons we cannot have a computer on production line).
2) Secondly if we are going to sense the status of the printer by polling then in thime interval polling is made and system responds with commods to printer for printing there may be cartoons on production line which will go without a lable and this will be a disaster.
Presently we are able to sent 1200 labels at one go but we want to increase it to 5000.
In addition to the above comments if it can be gaurenteed that
if i split the printing job into more than one job and submit it for printing then the printer queue should submit them to printer as and when the printer is ready to accept new jobs and at same time should not result in any error messages.
does the printer have a windows printer driver? if yes then you can check if the printer memory is full or not if its not send data to printer of its full check again after 1 second or so. I suppose 1 seconds is not a large time. and the printer should responds in one second. so max 1+1=2 seconds to wait before sending data to the printer when the printer's memory is not full
Quip doubles as a “living” wiki and a project management tool that evolves with your organization. As you finish projects in Quip, the work remains, easily accessible to all team members, new and old.
- Increase transparency
- Onboard new hires faster
- Access from mobile/offline
when the printer's memory is not full : still means that the the printer is having work to do and is not idle since if it has a 2mb memory and the memory is 1.8mb with data you shall get memory not full so u can send jobs
1) We are using generic text driver and sending commands to printer in printer language (ZPL)
2) The memory free which is given by the utilities may not be exact memory free as processing of labels takes more memory than the storage of formats. Memory free give memory free after storage of formats and not after processing of formats.
I am not sure processing of labels takes memory. anyway this is as far as I can go. how about just keeping on sending data to the printer if the memory is full an error occurs check if the error is due to full memory if so ignore it?
In this fourth video of the Xpdf series, we discuss and demonstrate the PDFinfo utility, which retrieves the contents of a PDF's Info Dictionary, as well as some other information, including the page count. We show how to isolate the page count in a…
In this seventh video of the Xpdf series, we discuss and demonstrate the PDFfonts utility, which lists all the fonts used in a PDF file. It does this via a command line interface, making it suitable for use in programs, scripts, batch files — any pl… |
Q:
CSS: How to flow text around both left and right images
I know float:left will allow text to flow around an image floated on the left.
And float:right will allow text to flow around an image floated on the right.
Is there a way to flow text around both a left and right image?
A:
It's just as you said. You need to have one image with float:left and another with float:right. If both are placed before the text, they will each be at their respective top corners, horizontally aligned.
<img src="http://placehold.it/100x200" style="float:left;">
<img src="http://placehold.it/100x200" style="float:right;">
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur viverra diam finibus arcu dictum, sed condimentum neque eleifend. Nullam non lobortis leo, a sollicitudin ipsum. Pellentesque gravida aliquet eros, in imperdiet eros dictum eu. Aenean vel pharetra libero. Nam vel risus sit amet tortor fermentum venenatis. Aenean efficitur, ante ac semper porta, turpis nunc dignissim risus, sed ullamcorper dolor lacus a felis. Sed vel nulla imperdiet, luctus tellus sed, pharetra sem. Nullam vehicula elit eget urna lobortis, at porta nunc tempor. In gravida aliquet rutrum. Cras at lacus ac felis egestas aliquet. Aenean viverra eu mauris a fermentum. Donec pharetra nisl ex, sit amet sodales orci lobortis id. Nullam lobortis dictum pharetra. Cras pellentesque rhoncus magna a ultricies. Quisque et vehicula risus, in porttitor ex. Quisque aliquet blandit velit ut gravida.
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Encovi 2016: 81,1% de los hogares venezolanos se encuentra en estado de pobreza
Según la Encuesta sobre Condiciones de Vida 2016 (ENCOVI), la seguridad empeoró y las posibilidades de alimentarse de manera adecuada están reducidas a su mínima expresión
Los datos de la Encuesta sobre Condiciones de Vida (ENCOVI), correspondientes al año 2016, mostraron que la pobreza creció en Venezuela durante el último año: 81,2% de los hogares se encuentran en estado de carencia. Este número representa un aumento de 8,1% y 34,1% en relación con los resultados de 2015 y 2014, respectivamente. Otro tema destacado tiene que ver con la seguridad. ENCOVI 2016 mostró que los jóvenes son los más afectados por el hampa: de 28.479 muertes violentas que hubo en 2016, se estima que 21.643 personas tenían menos de 35 años. Igualmente, el estudio evidenció que la alimentación está en estado crítico: 74,3% de las personas entrevistadas manifestaron que, en promedio, perdieron 8,7kg en el último año. De este grupo, 86,3% manifestó que comía dos o menos veces al día. Este dato podría relacionarse directamente con una nueva variable que apareció en esta encuesta: el 3,9% de los participantes señaló que padecen desnutrición. Esto no se había visto reflejado en la ENCOVI 2015. En el área educativa persisten las inequidades sociales. Casi la mitad de la población entre 3 y 5 años del quintil más pobre no tiene acceso a la educación. Por su parte, solo 1 de cada 5 jóvenes entre 18 y 24 años del quintil más pobre logra acceder a la educación. Desde 2014, un equipo técnico conformado por profesionales de la USB, UCV y UCAB ha realizado la ENCOVI. A través de ella, se ha producido una serie de datos que permite identificar los principales problemas que vulneran los derechos esenciales de los venezolanos. Durante los últimos años, Venezuela se ha visto inmersa en una severa crisis económica, política e institucional. En este contexto, las condiciones de vida han desmejorado notablemente. Los resultados de ENCOVI 2016 permiten vislumbrar que las condiciones de vida de 2017 seguirán en proceso de deterioro. |
Highlights 2018
The 2018 Brasil Spencer Stuart Board Index highlights governance trends and practices of 187 companies listed in the special segments [B3] of the Brazilian Stock Exchange.
Now in its fourth edition, the index focuses on board composition, including data on committees and corporate governance practices.
The average board size is 8.9.
All boards segregate the CEO and board chair functions.
65% of boards have vice presidents.
Boards included in the index had 18.2 meetings on average, which is among the highest of the countries we track. Boards averaged 10,7 special meetings per year, higher than the average number of ordinary meetings (7.5).
9.4% of directors are women, one of the lowest percentages in our international comparison. Excluding the alternate directors, the percentage drops to 6.6%.
46% of the companies in our index have at least one woman on the board.
The average age of directors is 55.
8.3% of directors are foreigners.
37% of all directors are considered independent, based on Brazilian regulatory requirements .
New directors (those who have been appointed in the past 12 months) represent 13% of all directors.
The most common committees in the last year were compensation and benefits/people, followed by audit.
The average compensation for directors has increased 29% in the last year, reaching R$39.724 this year.
Only 6.4% of the companies reported having external and independent assessments of their boards.
Highlights 2018
The 2018 Brasil Spencer Stuart Board Index highlights governance trends and practices of 187 companies listed in the special segments [B3] of the Brazilian Stock Exchange.
Now in its fourth edition, the index focuses on board composition, including data on committees and corporate governance practices.
The average board size is 8.9.
All boards segregate the CEO and board chair functions.
65% of boards have vice presidents.
Boards included in the index had 18.2 meetings on average, which is among the highest of the countries we track. Boards averaged 10,7 special meetings per year, higher than the average number of ordinary meetings (7.5).
9.4% of directors are women, one of the lowest percentages in our international comparison. Excluding the alternate directors, the percentage drops to 6.6%.
46% of the companies in our index have at least one woman on the board.
The average age of directors is 55.
8.3% of directors are foreigners.
37% of all directors are considered independent, based on Brazilian regulatory requirements .
New directors (those who have been appointed in the past 12 months) represent 13% of all directors.
The most common committees in the last year were compensation and benefits/people, followed by audit.
The average compensation for directors has increased 29% in the last year, reaching R$39.724 this year.
Only 6.4% of the companies reported having external and independent assessments of their boards. |
649 N.E.2d 571 (1995)
271 Ill.App.3d 1016
208 Ill.Dec. 515
PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
David A. HOLT, Jr., Defendant-Appellant.
No. 3-94-0566.
Appellate Court of Illinois, Third District.
April 21, 1995.
*574 John P. Vespa, Peoria, for David A Holt, Jr.
John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, Gary F. Gnidovec, State's Attys. Appellate Prosecutor, Ottawa, for the People.
Justice LYTTON delivered the opinion of the court:
Defendant, David A Holt, Jr., appeals his conviction for stalking under paragraph 12-7.3(a)(2) of the Illinois Criminal Code (720 ILCS 5/12-7.3(a)(2) (West Supp.1993)) following a bench trial. We affirm.
*575 FACTS
Defendant and the victim, M.S., dated from January 1993 until mid-August 1993, when M.S. ended the relationship. M.S. testified that defendant became angry and verbally abusive at that time, threatening to "make it so that [she] couldn't live in Peoria any more, and * * * that [she] would have to deal with him the rest of [her] life, whether [she] married him or not." Defendant also stated that although he "might not do anything, * * * you never know what [his] friends might do."
M.S. testified that defendant called her the next day and argued that they should not end the relationship. When M.S. disagreed, defendant renewed his prior threats, reminding M.S. of the unpredictable nature of his friends and his intention to do all he could to force her to move away from Peoria because chance meetings would be too painful for him. Two weeks later, defendant proposed marriage to M.S., but she refused his offer.
Defendant also made a series of telephone calls to Tammy Ford, a mutual acquaintance, seeking advice on how to win M.S. back. Over the course of these conversations, Ford became increasingly concerned about defendant's deteriorating and depressed mental state. When defendant told Ford that "[i]f he could not have [M.S.] then no one would have her", Ford reported the conversation to M.S. out of concern for her safety. M.S. immediately told defendant that she wanted no further contact with him.
The trial court found that between August and early December 1993, defendant "became obsessed with prank calls to M.S., making perhaps as many as 200, as well as becoming bent on a course of conduct whereby he sent her cards, put in her mail box small picture posters of M.S. alleging she had genital herpes, pasted on her car bumper stickers with her name emblazoned upon them, associating her with genital herpes. Defendant even went so far as to place a sign in the yard of M.S.'s parents in Barrington, Illinois, stating `get your genital herpes here.'" In response to these acts, M.S. obtained an order of protection against defendant on December 10, 1993.
Defendant and M.S. had two inadvertent meetings in public after December 10, 1993, but these incidents were inconsequential. On Friday, February 25, the first of the incidents that formed the basis for the present stalking charge occurred when M.S. saw defendant at the Owens Recreation Center, the only ice skating facility in Peoria. On that date, M.S. was leaving the ice rink at the end of her private skating time and saw defendant lacing up his skates. She testified that she became frightened because defendant had never shown any interest in skating during their relationship and she feared that he would try to harm her or restrict her movement.
On the following Monday, M.S. noticed defendant watching her from outside the rink for 40 minutes of her 45-minute private skating session. Similar incidents began to occur on other Fridays and Mondays. M.S. noted that defendant arrived at the ice rink up to 30 minutes before the start of the scheduled public skating time on March 4th, March 7th, and March 28. In each instance, defendant stared at M.S. through the window of the observation area adjoining the ice rink for the remainder of her private skating session. M.S. testified that she was frightened each time she saw defendant at the ice rink.
Defendant was initially charged with two counts of stalking under section 12-7.3(a) of the Illinois Criminal Code (720 ILCS 5/12-7.3(a)(1), (2) (West Supp.1993)). He was arraigned on these charges on January 27, 1994, approximately one month before the incidents at the skating rink began. The two original counts were later dismissed with leave to reinstate, and two new stalking counts were added, based on the events at the Owens Recreation Center. At the close of the state's case in the bench trial, the trial court acquitted defendant of count III of the indictment, which required transmission of a threat (720 ILCS 5/12-7.3(a)(1) (West Supp. 1993)). The trial continued on count IV, which required placing the victim under surveillance and "in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint" (720 ILCS 5/12-7.3(a)(2) (West Supp.1993)). After closing arguments were completed, the trial *576 court found defendant guilty on count IV of the stalking charge.
Defendant filed a motion to reconsider; the trial court denied the motion and sentenced him to four months in prison and 30 months probation, with the first six months being intensive and the first three months including electronic monitoring. Defendant was also sentenced to perform 150 hours of public service work and to pay $1,145.00 in restitution. Defendant appeals.
I. STATUTORY INTERPRETATION
Defendant was convicted under section 5/12-7.3(a)(2) of the Illinois Criminal Code of 1961, which states:
"A person commits stalking when he or she, knowingly and without lawful justification, on at least 2 separate occasions follows another person or places the person under surveillance or any combination thereof and * * * places that person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint." (720 ILCS 5/12-7.3(a)(2) (West Supp.1993).)
The stalking statute specifies that a defendant "`places a person under surveillance' by remaining present outside the person's school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant." (Emphasis added.) 720 ILCS 5/12-7.3(d) (West Supp.1993).
Defendant argues that this language is clear and the trial court improperly construed the statute's "remaining present outside" requirement to include instances in which the defendant and the victim are inside the same primary structure, in this case, the Owens Recreation Center. Defendant claims that this interpretation impermissibly expands the prohibited conduct beyond that specified by the statute.
In construing a criminal statute, we seek to ascertain the legislature's intent; the statutory language itself provides the best guide to legislative intent. (People v. Krawiec (1994), 262 Ill.App.3d 152, 160, 199 Ill. Dec. 819, 825, 634 N.E.2d 1173, 1179; People v. Boykin (1983), 94 Ill.2d 138, 141, 68 Ill. Dec. 321, 322, 445 N.E.2d 1174, 1175.) If the language is clear, we must apply its plain and ordinary meaning; if it is unclear, we must also consider the purpose of the law and the "evils the statute seeks to remedy." (Krawiec, 262 Ill.App.3d at 160, 199 Ill.Dec. at 825, 634 N.E.2d at 1179; see People v. Frieberg (1992), 147 Ill.2d 326, 349, 168 Ill.Dec. 108, 119, 589 N.E.2d 508, 519.) The statute's legislative history may be useful in this determination. (Krawiec, 262 Ill.App.3d at 160, 199 Ill.Dec. at 825, 634 N.E.2d at 1179.) We believe that the "remaining present outside" language in the stalking statute requires judicial construction because its application is not clear and unambiguous.
The legislative intent in enacting the stalking statute was to prevent violent attacks by prohibiting conduct that may precede them. The statute was also intended to avert the terror, intimidation, and justifiable apprehension caused by the harassing conduct itself. (Krawiec, 262 Ill.App.3d at 160, 199 Ill.Dec. at 825, 634 N.E.2d at 1179; Gregory W. O'Reilly, Illinois' Stalking Statute: Taking Unsteady Aim at Preventing Attacks, 26 J. Marshall L.Rev. 821, 835 (1993) (hereinafter O'Reilly, Illinois'Stalking Statute).) Too often the obsession underlying the stalking behavior is a forewarning of future violence against the victims and their families. O'Reilly, Illinois' Stalking Statute, 26 J. Marshall L.Rev. at 836 & n. 109 (listing highly publicized stalking incidents); Brenda K. Harmon, Comment, Illinois' Newly Amended Stalking Law: Are All the Problems Solved?, 19 S.Ill.U.L.J. 165, 168 & n. 23 (1994) (hereinafter Harmon, Amended Stalking Law) (also listing highly publicized stalking incidents).
During legislative debate on the statute, Representative Lee Daniels summarized its significance by stating that it would send the message that "Illinois will not tolerate the stalking crime ever, ever again." (87th Ill.Gen.Assem., House Proceedings, May 20, 1992, at 80.) Representative Thomas Homer, House sponsor of the stalking bill, believed that the Illinois statute would be the toughest and most effective in the country and would serve as a model for the rest of the nation. 87th Ill.Gen.Assem., House Proceedings, *577 May 20, 1992, at 72; 87th Ill.Gen.Assem., House Proceedings, June 23, 1992, at 7.
Legislators in both houses described recent instances in which young girls and women were repeatedly terrorized by stalkers because law enforcement officials could not act under existing Illinois laws until the victims were actually injured. (87th Ill.Gen.Assem., Senate Proceedings, May 21, 1992, at 61 (statements of Senator Adeline Geo-Karis); 87th Ill.Gen.Assem., Senate Proceedings, June 22, 1992, at 66 (statements of Senator Carl Hawkinson); 87th Ill.Gen.Assem., House Proceedings, May 20, 1992, at 69, 71-72 (statements of Representative Thomas Homer).) Representative Homer argued that the stalking statute was necessary because existing laws did not allow the police to "arrest someone who is merelyI say merelythreatening, following, harassing someone." (87th Ill.Gen.Assem., House Proceedings, June 26, 1992, at 156.) The stalking statute was designed in part to alleviate these problems.
During debate in the House, Representative Homer noted that the stalking statute would "provide a tool to law enforcement agencies that will allow them to [sic] the opportunity to save and protect some of these victims before it is too late." (87th Ill.Gen.Assem., House Proceedings, May 20, 1992, at 73.) Senator Hawkinson reiterated this purpose during the Senate debate when he stated that the statute would allow the criminal justice system to intervene and prevent attacks. 87th Ill.Gen.Assem., Senate Proceedings, June 22, 1992, at 66.
With this purpose in mind, we construe the statutory requirement that the defendant place his victim under surveillance "by remaining present outside the * * * other place occupied by the person" (720 ILCS 5/12-7.3(d)). This language does not require that defendant remain physically outside the building occupied by the victim, and the insertion of such a requirement would unduly restrict the scope of the statute, contrary to the legislative intent. Common sense dictates that a victim may be subjected to as much, or more, harassment by being placed under surveillance from within a separate portion of a large structure, such as a shopping mall or ice skating facility, as from outside such a structure.
The statute encompasses the surveillance of a person from a place within the same primary structure but distinct from the "other place occupied by the" person. The trial court properly determined that the scope of the stalking statute included defendant's surveillance of M.S. from a separate lobby and observation area adjoining the ice rink on which she skated.
II. SUFFICIENCY OF THE EVIDENCE
Defendant next argues that the evidence in this case was insufficient to prove his guilt beyond a reasonable doubt. We examine this contention by considering "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Emphasis in original.) People v. Collins (1985), 106 Ill.2d 237, 261, 87 Ill.Dec. 910, 920, 478 N.E.2d 267, 277, cert. denied (1985), 474 U.S. 1027, 106 S.Ct. 585, 88 L.Ed.2d 567.
A.
The defendant first contends that the evidence was insufficient to prove by a subjective standard that his conduct placed M.S. "in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint." To refute M.S.'s claim of subjective fear, defendant relies on the fact that she voluntarily returned to the ice rink after being frightened by seeing defendant there. We disagree.
M.S. testified at trial that she was frightened each time defendant appeared and stared at her from the area adjoining the ice rink. Evaluating the credibility of witnesses and resolving conflicting testimony is a function of the fact finder, and a reviewing court may not override this determination unless these findings are unreasonable and not based on the evidence. People v. Sanchez (1986), 115 Ill.2d 238, 261-62, 104 Ill.Dec. 720, 727, 503 N.E.2d 277, 284, cert. denied (1987), 483 U.S. 1010, 107 S.Ct. 3240, 97 *578 L.Ed.2d 745; Collins, 106 Ill.2d at 261-62, 87 Ill.Dec. at 920, 478 N.E.2d at 277. The trial court concluded that M.S.'s fear was genuine, and we will not reverse this finding on appeal.
Furthermore, the undisputed evidence shows that M.S. did not confront defendant at the ice rink. On each occasion M.S. was already skating during her reserved skating time when defendant arrived at the ice rink. It would be unreasonable and unfair to compel a stalking victim to demonstrate subjective fear by anticipating and actively avoiding places where the stalker might later appear.
B.
The defendant also alleges that it was objectively illogical for M.S. to have continued to confront defendant at the ice rink if she feared him. After carefully reviewing the record, we cannot agree that M.S.'s apprehension was objectively unreasonable. Between August and December 1993, defendant had repeatedly stated to M.S. and others that he intended to "make it so that [M.S.] couldn't live in Peoria any more, and he threatened that [she] would have to deal with him the rest of [her] life, whether [she] married him or not."
M.S. testified that after breaking up with defendant she received 5 to 10 anonymous calls per day in which the caller either hung up when she answered or played recorded messages about sexually transmitted diseases. A tap on M.S.'s phone line showed that these calls were made from pay phones and fax machines throughout Peoria. The calls ended shortly after defendant discovered that a warrant had been issued for his arrest, but the calls gradually returned in January 1994. The trial court found that defendant had made as many as 200 prank telephone calls to M.S.
Defendant also sent M.S. several harassing postcards. In a postcard dated September 23, defendant wrote, "I'm doing what I got to do [sic] for myself and you. * * * Ignoring me won't make me go away. It's just gonna [sic] make me try harder. * * * I'm entitled to one more chance with you, and you get one more chance to rectify a mistake. You're gonna [sic] have to deal with me one way or another." In October, M.S. received a postcard with a horoscope clipping attached; the clipping read, "a relocation is possible. Apply for a passport. * * * Romance seems sweeter the second time around." In November, M.S. received another postcard that stated, "The week of December 18 are finals at Bradley [University]. I'll help you move back up to Barrington if you need the help. I'll talk to you soon." M.S. testified that she had no plans to move to Barrington Hills, Illinois, where her parents' lived.
Defendant admitted preparing and delivering several small posters and bumper stickers containing M.S.'s name or photograph along with various references to venereal diseases. He stated that he intended these activities to force M.S. into leaving Peoria. During the week of Halloween 1993, defendant carved a jack-o'-lantern, smashed it, and left it on M.S.'s porch with a note declaring that M.S. had herpes. During this same time period, he left two notes in or taped to her mailbox; one was written in red and said, "Welcome back to hell", and the other was a moving notice from the post office. In early November, he also placed a sign reading, "Get your genital herpes here" on the yard of M.S.' parents' home in Barrington Hills.
Defendant's surveillance of M.S. at the skating rink occurred after this protracted harassment. An order of protection had been entered against defendant in December 1993, and he had been arraigned on two other stalking counts on January 27, 1994.
Based on this evidence, the trial court, as a rational finder of fact, could have determined that defendant's actions at the skating rink in February and March 1994 would have caused apprehension in a reasonable person. The evidence was sufficient to support the trial court's finding the statutory element of reasonable fear had been established.
C.
Defendant next argues that the evidence was insufficient to prove beyond a reasonable doubt that his presence at the skating rink was "without lawful justification" (720 ILCS *579 5/12-7.3(a)). Although defendant previously had not shown any interest in ice skating, he claims that watching ice hockey with a friend during the winter Olympics had inspired him to begin skating in February 1994. Defendant contends that his presence at the Owens Recreation Center was lawful because it was not a "manner of expression [that] is basically incompatible with the normal activity of a particular place at a particular time." Grayned v. City of Rockford (1972), 408 U.S. 104, 116, 92 S.Ct. 2294, 2303, 33 L.Ed.2d 222, 232.
Defendant's argument overlooks the fact that he did not simply mind his own business and skate during the public skating session. Defendant could have arrived at the skating rink later or waited in another part of the facility for the start of the public skating period. Instead, he arrived well before the open skating period and stared at M.S. for up to 40 minutes during her private skating time on at least four occasions. These events occurred after M.S. had obtained an order of protection against him and he had been arraigned on two other stalking counts. A rational fact finder could have inferred that defendant's presence at the ice rink was "without lawful justification" because he was there to stalk M.S. by placing her under surveillance.
D.
Defendant next argues that the evidence was insufficient to prove beyond a reasonable doubt that he "knowingly" placed M.S. "in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint." Because M.S. allegedly did not appear frightened of him and continued to return to the skating rink, defendant contends that a reasonable person could not have known that he had placed M.S. in apprehension of harm.
Defendant misapprehends the statute's knowledge requirement. Knowledge may be inferred from the facts and circumstances of the case. (People v. Pinta (1991), 210 Ill.App.3d 1071, 1078, 155 Ill.Dec. 644, 649, 569 N.E.2d 1255, 1260.) Knowledge of a material fact can include an awareness of the substantial probability that the fact exists
or that specific conduct is practically certain to produce a given result (720 ILCS 5/4-5 (West 1992); Illinois Pattern Jury Instructions, Criminal, No. 5.01B(1), (2) (3d ed. 1992).) Contrary to defendant's argument, the victim's behavior is not the determining factor in this analysis.
The victim's behavior in this case did, however, demonstrate her apprehension of defendant. Defendant knew that M.S. had previously obtained an order of protection against him and that he had been charged with two other counts of stalking based on his earlier threatening statements and harassing conduct. Even so, defendant chose to arrive at the skating rink well before the time set aside for public skating and stare at M.S. from the observation area. He did not talk to other people while waiting or attempt to wait in another part of the facility. Combined with defendant's prior conduct and his goal of forcing M.S. to leave Peoria, this evidence is sufficient to find a "substantial probability" that defendant knew his behavior placed M.S. in reasonable apprehension of harm.
III. CONSTITUTIONALITY OF THE STATUTE
Defendant offers several grounds to support his claim that the stalking statute is unconstitutional. First, he argues that the statute is vague, both facially and in its application to him. He contends that the statute does not "give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly" (Grayned, 408 U.S. at 108, 92 S.Ct. at 2298-99, 33 L.Ed.2d at 227) because the common understanding of the term "remaining present outside" does not include "remaining present inside." He also argues that the statute improperly grants law enforcement officials excessive discretion and allows for uneven application of the law.
A.
Statutes carry a strong presumption of constitutionality (People v. La Pointe (1981), 88 Ill.2d 482, 499, 59 Ill.Dec. 59, 67, 431 N.E.2d 344, 352) and will be construed to *580 avoid absurdity or invalidity (People v. Wireman (1989), 181 Ill.App.3d 385, 388, 130 Ill. Dec. 135, 137, 536 N.E.2d 1346, 1348). Vagueness claims against statutes that do not involve first amendment rights must be reviewed in the context of the specific case facts. (People v. Haywood (1987), 118 Ill.2d 263, 270, 113 Ill.Dec. 236, 239, 515 N.E.2d 45, 48, citing United States v. Mazurie (1975), 419 U.S. 544, 550, 95 S.Ct. 710, 714, 42 L.Ed.2d 706, 713.) The stalking statute prohibits placing a person in reasonable apprehension of harm by "knowingly and without lawful justification" following or placing the person under surveillance on at least two occasions. (720 ILCS 5/12-7.3(a)(2).) Defendant fails to cite any authority stating that these activities are entitled to first amendment protection. Because the stalking statute does not involve first amendment rights, defendant cannot argue that it is facially vague.
A statute is unconstitutionally vague on its face only if it is "incapable of any valid application." (Steffel v. Thompson (1974), 415 U.S. 452, 474, 94 S.Ct. 1209, 1223, 39 L.Ed.2d 505, 523.) A statute need not define the proscribed conduct with mathematical precision to avoid invalidation on vagueness grounds. (Grayned v. City of Rockford (1972), 408 U.S. 104, 110, 92 S.Ct. 2294, 2300, 33 L.Ed.2d 222, 228-29.) Where a statute prohibits conduct "knowingly done with the purpose of doing that which" is prohibited, "the accused cannot be said to suffer from lack of warning or knowledge that the act which he does is in violation of the law." (Screws v. United States (1945), 325 U.S. 91, 102, 65 S.Ct. 1031, 1036, 89 L.Ed. 1495, 1503; see also People v. Tolliver (1992), 147 Ill.2d 397, 403, 168 Ill.Dec. 127, 130, 589 N.E.2d 527, 530 (modifying statute making knowing possession of an incomplete car title a felony to require knowledge plus criminal purpose).) The stalking statute contains sufficiently objective standards of conduct and knowledge to allow its valid application: the victim's apprehension must be reasonable, and the specified conduct must have been performed "knowingly and without lawful justification" on at least two occasions.
B.
The stalking statute is also constitutional as applied to this defendant. A statute is not unconstitutionally vague simply because it allows some room for judicial interpretation. (Grayned, 408 U.S. at 110, 92 S.Ct. at 2300, 33 L.Ed.2d at 228; Easter Enterprises, Inc. v. Illinois Liquor Control Commission (1983), 114 Ill.App.3d 855, 859, 70 Ill.Dec. 666, 670, 449 N.E.2d 1013, 1017.) The stalking statute adequately warns innocent persons of the conduct to be avoided: making threats, following, or placing someone under surveillance, and thereby reasonably producing intimidation, apprehension, and fear. Thus, the statute contains sufficiently clear standards to avoid arbitrary or discriminatory enforcement because it sets explicit, objective standards for defendant's actions, knowledge, and the effect of his conduct on his victim. (See Grayned, 408 U.S. at 108, 92 S.Ct. at 2298-99, 33 L.Ed.2d at 227.) Unlike provisions invalidated on vagueness grounds in other cases, the stalking statute does not rely on strictly subjective standards and beliefs. (See Coates v. City of Cincinnati (1971), 402 U.S. 611, 614, 91 S.Ct. 1686, 1688, 29 L.Ed.2d 214, 217 (invalidating an Ohio ordinance that made it illegal for "three or more persons to assemble * * * on any of the sidewalks * * * and there conduct themselves in a manner annoying to persons passing by").) The statute is not unconstitutionally vague either on its face or as it applies to defendant.
C.
Defendant next contends that the statute is overbroad because it prohibits constitutionally protected activity, such as ice skating. According to defendant, the question to be answered is "whether the manner of expression is basically incompatible with the normal activity of a particular place at a particular time." (Grayned, 408 U.S. at 116, 92 S.Ct. at 2303, 33 L.Ed.2d at 232.) Because he was skating at a public ice rink during open skating times, defendant claims that his conduct was constitutionally protected and that his actions were not "without lawful justification."
*581 Defendant again misapprehends the basis of his conviction. He was not convicted because of his ice skating, but rather because on at least two occasions he placed M.S. under surveillance during her reserved skating times. Defendant admitted at trial that his goal was to embarrass and annoy M.S.; these activities are not protected by the first amendment. (See Harmon, Amended Stalking Law, 19 S.Ill.U.L.J. at 181 & n. 108, citing Colten v. Kentucky (1972), 407 U.S. 104, 109, 92 S.Ct. 1953, 1956, 32 L.Ed.2d 584, 589 (actions taken solely to annoy and inconvenience are not given constitutional protection).) The statute is not overbroad as it applies to defendant.
The statute is also not facially overbroad. According to general principles of constitutional analysis,
"a person to whom a statute may constitutionally be applied will not be heard to challenge that statute on the ground that it may conceivably be applied unconstitutionally to others, in other situations not before the Court. [Citations.] A closely related principle is that constitutional rights are personal and may not be asserted vicariously" because "courts are not roving commissions assigned to pass judgment on the validity of the Nation's laws." Broadrick v. Oklahoma, 413 U.S. 601, 610-11, 93 S.Ct. 2908, 2915, 37 L.Ed.2d 830, 839.
However, parties may challenge a statute as overbroad "not because their own rights of free expression are violated, but because of a judicial prediction or assumption that the statute's very existence may cause others not before the court to refrain from constitutionally protected speech or expression." Broadrick, 413 U.S. at 612, 93 S.Ct. at 2915, 37 L.Ed.2d at 840; see People v. Holder (1982), 103 Ill.App.3d 353, 356, 59 Ill.Dec. 142, 145, 431 N.E.2d 427, 430 ("[T]he mere fact that other applications of the statute in question, to other facts, can have impact on First Amendment rights is sufficient to invalidate the statute regardless of whether the defendant has engaged in privileged conduct").
The courts have applied the overbreadth doctrine "sparingly and only as a last resort. Facial overbreadth has not been invoked when a limiting construction has been or could have been placed on the challenged statute." (Broadrick, 413 U.S. at 613, 93 S.Ct. at 2916, 37 L.Ed.2d at 841.) A statute will not be deemed overbroad unless it has a significant effect on constitutionally protected activities. See Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc. (1982), 455 U.S. 489, 494, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362, 369.
The stalking statute specifically exempts conduct protected by the first amendment, such as lawful picketing "or any exercise of the right of free speech or assembly that is otherwise lawful." (720 ILCS 5/12-7.3(c) (West Supp.1993).) Although the statute is relatively broad, it does not substantially infringe upon constitutionally protected behavior or expression either generally or as applied to defendant.
D.
Defendant also argues that the statute improperly shifted the burden of proof to him because it forced him to defend his presence at the skating rink even though the State did not offer evidence that he was there with criminal intent and "without lawful justification."
After the State has presented a prima facie case of stalking, defendant may assert an "affirmative defense" by offering "evidence sufficient to raise a reasonable doubt as to [his] guilt." (People v. Larry (1986), 144 Ill.App.3d 669, 676, 98 Ill.Dec. 885, 890, 494 N.E.2d 1212, 1217, appeal denied (1986), 112 Ill.2d 587; People ex rel. Illinois State Dental Society v. Norris (1979), 79 Ill.App.3d 890, 897, 35 Ill.Dec. 213, 220, 398 N.E.2d 1163, 1170, appeal denied.) The State, however, always retains the ultimate burden of proving defendant guilty beyond a reasonable doubt. The stalking statute does not alter this fundamental principle by impermissibly shifting the burden of proof to defendant.
Defendant's contention that the State failed to offer evidence that he was at the ice rink with criminal intent and without lawful justification is also incorrect. Intent *582 may be inferred from the surrounding facts and circumstances, including defendant's acts and words. (People v. Steffens (1985), 131 Ill.App.3d 141, 148-49, 86 Ill.Dec. 392, 399, 475 N.E.2d 606, 613, appeal denied (1985), 106 Ill.2d 559.) The State offered evidence at trial of defendant's persistent harassment of M.S., his statements to third parties, his prior lack of interest in ice skating, and the filing of an order of protection and two previous stalking charges against him prior to the events at the Owens Recreation Center. When viewed in the light most favorable to the State, this evidence was sufficient to support a finding that defendant had the requisite criminal intent under the statute. See People v. Collins (1985), 106 Ill.2d 237, 261, 87 Ill.Dec. 910, 920, 478 N.E.2d 267, 277, cert. denied (1985), 474 U.S. 1027, 106 S.Ct. 585, 88 L.Ed.2d 567.
CONCLUSION
For the reasons stated, the judgment of the circuit court of Peoria County is affirmed.
Affirmed.
HOLDRIDGE and SLATER, JJ., concur.
|
Acceptability of behavioral treatments for insomnia.
Behavioral treatments for insomnia are safe and efficacious but may not be embraced by patients in primary care. Understanding factors associated with acceptability can enhance successful use of these modalities. The objective of this study was to identify demographic and clinical/psychosocial correlates of behavioral insomnia treatment acceptability. This nonexperimental, inventory-based, cross-sectional study enrolled patients from a hospital-sponsored primary care clinic and 2 urban academic family practices. Participants (n = 236) were 18 years of age or older who had clinically significant insomnia (Insomnia Severity Index score ≥ 8) and were recruited consecutively at these sites. A study coordinator obtained informed consent then distributed survey materials. Participants received a $10 honorarium. The main outcome measure was the Acceptability Insomnia Treatment Acceptability Scale-Behavioral subscale (ITAS-B). Only acceptability of medications (r = 0.259) and dysfunctional beliefs (r = 0.234) scores had significant bivariate correlations with ITAS-B scores (P < .001). Medication acceptability, dysfunctional beliefs, and self-efficacy accounted for 12.45% of ITAS-B variance in linear regression. Screening for dysfunctional beliefs about sleep may identify patients with interest in behavioral approaches. Improving self-efficacy for sleep may improve acceptance of behavioral insomnia therapies. Interest in behavioral and medication treatments are not mutually exclusive. However, the modest variance reported here suggests other factors impact acceptance of behavioral treatments. |
761 F.2d 1411
6 Employee Benefits Ca 1614
Raymond J. DONOVAN, Secretary of U.S. Department of Labor,Plaintiff-Appellee,v.Joseph P. MAZZOLA, Robert E. Buckley, Robert J. Costello,etc., et al., Defendants-Appellants.
No. 83-2456.
United States Court of Appeals,Ninth Circuit.
Argued and Submitted Oct. 5, 1984.Decided May 28, 1985.
Lawrence Alioto, San Francisco, Cal., for defendants-appellants.
Thomas L. Holzman, Dept. of Labor, Washington, D.C., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of California.
Before FERGUSON and NELSON, Circuit Judges, and JAMESON,* District Judge.
NELSON, Circuit Judge:
1
The trustees of a labor pension fund were ordered in July 1982 to post an indemnity bond and make restitution of lost assets to the fund. Civil contempt orders issued in September 1982 on the indemnity bond, in January 1983 on the restitution bond, and in May 1983 on both bonds. After compliance, fines were assessed, based upon the September and January orders, at a hearing in August 1983.
2
This court previously affirmed both the July 1982 judgment on the merits and the September 1982 contempt sanction. Donovan v. Mazzola, 716 F.2d 1226 (9th Cir.1983) (Donovan I ), cert. denied, --- U.S. ----, 104 S.Ct. 704, 79 L.Ed.2d 169 (1984). The facts concerning the judgment on the merits are set forth in detail in that decision, id. at 1228-1231, and will not be repeated here. We now consider the validity of the September 1983 order which assessed contempt fines based upon orders issued in September 1982 and January 1983. We reverse and remand.
FACTS AND PROCEDURAL BACKGROUND
3
This proceeding involves civil contempt orders following a judgment entered for the Secretary of Labor against fourteen present and former members of the Board of Trustees of the Pension Fund of Local 38 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry ("the trustees"). The trustees were held to have violated their fiduciary obligations under the Employees Retirement Security Act of 1974 ("ERISA"), 29 U.S.C. Sec. 1001 et seq. The judgment ordered the trustees to post an indemnity bond of $1 million and to make restitution to the pension fund of some $400,000 in lost assets. The judgment also provided for the appointment of an investment manager for the pension fund.
4
Under the judgment, the indemnity bond had to be posted by September 7, 1982 while the restitution money was due by October 7, 1982. On September 30, 1982, the district court held a hearing on the Government's motion to show cause why the trustees should not be held in contempt for their failure to post the indemnity bond. The court found the trustees in contempt and allowed them until November 1, 1982 to purge themselves; if the indemnity bond was not posted by that date, fines of $100 per day per trustee would begin to accrue on November 2. This contempt order was appealed on October 22, 1982, and was affirmed together with the final judgment. Donovan I, 716 F.2d at 1231, 1239-40.
5
Three hearings followed the September 30 order. After another motion to show cause, a contempt hearing was held in January concerning both the indemnity bond and the trustees' failure to make restitution, an obligation which had taken the form of a $600,000 supersedeas bond for restitution (the "restitution bond"). On January 13, 1983, the court found the trustees in contempt on the restitution bond, allowed them until February 13, 1983 to purge themselves, and ordered that otherwise fines would accrue at $100 per day per trustee starting on February 14, 1983. The court made clear that the restitution bond fines were to be in addition to the indemnity bond fines. The restitution bond was not filed by February 13. Unlike the September 30 order, this order was not appealed.
6
In May 1983 the court held a hearing on a motion to show cause why the trustees should not be imprisoned as a further coercive measure towards the posting of both the indemnity bond and the restitution bond. On May 9 the trustees were held to be continuing in civil contempt and were ordered jailed if both bonds were not filed by May 23. This order was not appealed.
7
The indemnity bond was posted on May 20, 1983 and on June 24, 1983 a bond securing the restitution requirement was filed. None of the trustees had been jailed, and the fines had not been assessed.
8
On August 25, 1983, the district court held a fine assessment hearing. From the bench, the judge stated a number of conclusions, later reflected in a judgment entered September 12, 1983. Because of the trustees' good faith efforts after May 10, any fines due on and after that date were remitted. Fines were assessed at $100 per trustee per day for contempt on the indemnity bond, however, and at the same rate for contempt on the restitution bond. On the indemnity bond, fines were ordered for 188 days, from November 2 through May 9, amounting to $18,800 for each of the thirteen trustees liable on that bond (one was not liable). In addition, the contempt fines on the restitution bond were assessed for 84 days, from February 14 through May 9, amounting to $8,400 for each of the fourteen trustees. The trustees have appealed the order.
9
The Donovan I decision, affirming the judgment on the merits and the September 30, 1982 contempt order, was first issued on August 23, 1983 and again, as amended (for typographical errors), on October 22, 1983. The mandate in Donovan I did not issue until January 17, 1984, having been stayed until the Supreme Court's disposition of the petition for writ of certiorari. The trustees' lawyer referred to Donovan I at the August 25 hearing, and the district judge mentioned the opinion in his September 12, 1983 order following the fine assessment hearing.
10
The fine assessment order which is here appealed, therefore, was issued before the appellate court had handed down the mandate in Donovan I, though the parties and the judge were aware of the appellate decision. The trustees' motion to stay the September 30, 1982 contempt order pending disposition of the Donovan I appeal had been denied, and the district judge apparently felt that he retained jurisdiction over the contempt order on the indemnity bond while an appeal of this order was pending before the appellate court.
ISSUES PRESENTED:
11
I. Indemnity Bond. Whether the district court had jurisdiction to quantify contempt sanctions assessed under its September 30, 1982 order while the appeal of that order was pending before this court in Donovan I.
12
II. Restitution Bond. A. Whether the January 1983 and May 1983 contempt orders concerning the restitution bond should be given res judicata effect.
13
B. Whether the district court abused its discretion in refusing to hear evidence, at the August hearing, of collective compliance efforts.
14
III. Whether the district court abused its discretion in refusing to hear evidence of individual impossibility defenses before imposing individual fines upon each of fourteen defendants for their failure to post the bonds under a joint and several obligation.
DISCUSSION
15
I. Indemnity Bond. District court's jurisdiction to quantify contempt sanctions assessed under its September 30, 1982 order while the appeal of that order was pending before this court in Donovan I.
16
The Ninth Circuit follows the general rule, with some exceptions, that the filing of a notice of appeal divests the district court of jurisdiction over the matters appealed. See, e.g., Miranda v. Southern Pacific Transportation Company, 710 F.2d 516, 519 (9th Cir.1983); Davis v. United States, 667 F.2d 822, 824 (9th Cir.1982). This rule has been recently applied to contempt orders. Shuffler v. Heritage Bank, 720 F.2d 1141, 1145 n. 1 (9th Cir.1983) (order quantifying sanction is void for lack of jurisdiction during pendency of appeal); Matter of Thorp, 655 F.2d 997, 999 (9th Cir.1981) (criminal contempt finding void because mandate from appellate decision on civil contempt on same issue had not yet issued). A 1976 case, however, stresses the exceptions to this rule in coercive civil contempt orders enforcing a labor injunction. Hoffman v. Beer Drivers and Salesmens' Local No. 888, 536 F.2d 1268, 1276-77 (9th Cir.1976). The Hoffman court held that:
17
in the kinds of cases where the court supervises a continuing course of conduct and where as new facts develop additional supervisory action by the court is required, an appeal from the supervisory order does not divest the district court of jurisdiction to continue its supervision, even though in the course of that supervision the court acts upon or modifies the order from which the appeal is taken.
18
Id. [emphasis added].
19
We must determine whether to follow Hoffman or Shuffler and Thorp in this case. In Thorp the court imposed fines and imprisonment to coerce a witness to respond, 655 F.2d at 999, and in Shuffler the court used fines to compel compliance with a money judgment and to compensate the prevailing party for delay. 720 F.2d at 1144. In Hoffman fines were imposed to compel compliance with an injunction against picketing. 536 F.2d at 1271-73. Shuffler and Hoffman differ on the extent to which the district court's continued enforcement of the order being appealed is permitted. Since Shuffler 's use of contempt to enforce a money judgment is most similar to the fact pattern before this panel, the Shuffler rule of complete transfer of jurisdiction to the appeals court should properly be applied to this case.
20
We conclude, therefore, that the district court lacked jurisdiction over the contempt order quantifying sanctions on the indemnity bond. Cf. Ruby v. Secretary of the Navy, 365 F.2d 385, 388-89 (9th Cir.1966) (when "a notice of appeal does not transfer jurisdiction to the court of appeals, then such jurisdiction must remain in the district court: it cannot float in the air"). The district court held hearings in January, May and August during the pendency of Donovan I, when the appellate court had jurisdiction over the indemnity contempt sanction and thereby deprived the district court of jurisdiction over that issue. Under Shuffler, the assessment of fines at the August 1983 hearing is therefore void to the extent it was based upon the September 30, 1982 order. See Shuffler, 720 F.2d at 1145 n. 1. The district court also lacked jurisdiction over the imprisonment sanction issued in May to the extent that it was based upon continuing violation of the September 30, 1982 order. The district court must therefore consider evidence on the indemnity bond sanctions for the whole period in question, September 30 through May 9.
21
II. Restitution bond.
22
It remains for us to consider the validity of the fine assessment at the August 1983 hearing as far as it quantified the fines imposed in the January 1983 contempt order on the restitution bond. The district court had jurisdiction over the restitution bond contempt order and the fines assessed pursuant to it. We therefore consider the trustees' next claim: that they should have been permitted to present evidence at the August hearing of compliance efforts. Appeal of one order does not necessarily deprive the district court of jurisdiction over issues not raised in that order. See, e.g., Oliver v. Kalamazoo Board of Education, 640 F.2d 782, 788 (6th Cir.1980). Hoffman supports this conclusion. Id., 536 F.2d at 1267. Compare Shuffler, 720 F.2d at 1145 (involved only one issue of contempt).
23
A. Res judicata effect of the January 1983 and May 1983 contempt orders concerning the restitution bond.
24
The trustees argue that the district judge improperly refused to consider evidence at the August fine assessment hearing because this opportunity had been presented at the January and May hearings, and sanctions were not imposed for dates subsequent to the May hearing. The Government responds that this court's affirmance of the September 30, 1982 order and the finality of the January and May orders precludes the trustees' claim that their efforts to present evidence, of their attempts to comply from September 30 to May 10,1 were improperly denied at the August fine assessment hearing.
25
Only the January and May orders insofar as they concerned the restitution bond are relevant here. To recapitulate the facts, the January order found the trustees in continuing contempt of court for their failure to post the restitution bond from its due date, October 7, 1982, through the hearing date of January 13, 1983. The order allowed the trustees until February 13, 1983 to purge themselves, and ordered that otherwise fines of $100 per trustee per day would begin on February 14, 1983. The May order found that the trustees were continuing in civil contempt from the previous hearing date, January 13, 1983, through the hearing date of May 9, 1983. The trustees were ordered jailed if both bonds were not filed by May 23, 1983.
26
The Government argues that the January and May orders were final judgments, and that the matters adjudicated by these orders--that the trustees continued in contempt from October 7, 1982 through May 9, 1983--are therefore res judicata. In consequence, the trustees could not challenge the judgment of contempt at the August hearing. This argument rests upon the assertion that the January and May orders were final judgments, for it is "familiar law that only a final judgment is res judicata. " G. & C. Merriam Co. v. Saalfield, 241 U.S. 22, 28, 36 S.Ct. 477, 480, 60 L.Ed. 868 (1916). See Russell v. C.I.R., 678 F.2d 782, 786 (9th Cir.1982). See also Horner v. Ferron, 362 F.2d 224, 230 (9th Cir.), cert. denied, 385 U.S. 958, 87 S.Ct. 397, 17 L.Ed.2d 305 (1966). To determine the finality of the order, we consider the criteria used to determine finality for the purposes of 28 U.S.C. Sec. 1291, on finality as a prerequisite for appealability.
27
The January restitution fine order and the May imprisonment order were conditionally phrased. Each ordered the trustees to comply by a certain date some weeks hence, after which fines would begin to accrue if non-compliance continued. We may examine the September 30, 1982 order, which was appealed to this court, and supplies a model for the January and May orders.2 The September 30 order imposed sanctions beginning November 1 but was appealed October 22, while the trustees still retained the opportunity to avoid sanctions entirely through prompt compliance.3
28
The contempt order satisfied several of the well-established criteria for finality of a civil contempt order, but lacked one essential factor. Two requirements were present: the order against the trustees followed the final judgment on the merits, and the appeal was taken together with the appeal from the final judgment. See Shuffler v. United States, 720 F.2d 1141, 1145 (9th Cir.1983). Compare Hughes v. Sharp, 476 F.2d 975 (9th Cir.1973) (civil contempt order remains interlocutory if against party during proceedings). Sanctions had not yet been imposed, however.
29
The requirement of a sanction to render a contempt order final under section 1291 is expressed in Alexander v. United States, 201 U.S. 117, 121-22, 26 S.Ct. 356, 357-58, 50 L.Ed. 686 (1906):... [A]n order may coerce a witness, leaving to him no alternative but to obey or be punished ... but from such a ruling it will not be contended there is an appeal. Let the court go further and punish the witness for contempt of its order, then arrives a right of review.... This power to punish being exercised the matter becomes personal to the witness and a judgment as to him. Prior to that the proceedings are interlocutory....
30
Id. See also Cohen v. Beneficial Loan Corp., 337 U.S. 541, 546, 69 S.Ct. 1221, 1225, 93 L.Ed. 1528 (1949); Flanagan v. United States, 465 U.S. 259, 104 S.Ct. 1051, 1054, 79 L.Ed.2d 288 (1984). Our circuit has frequently held that an adjudication of civil contempt is not appealable until sanctions have been imposed. Weyerhaeuser Company v. International Longshoremen's and Warehousemen's Union Local 21, 733 F.2d 645 (9th Cir.1984); Hoffman v. Beer Drivers & Salesmen's Local No. 888, 536 F.2d 1268, 1272-73 (9th Cir.1976). See also Steinert v. United States, 571 F.2d 1105, 1107 (9th Cir.1978) (dicta ). Compare Shuffler, 720 F.2d at 1145 (since contempt order required immediate payment of $1,000/week into court, sanction had been imposed and was appealable though final quantification of fine not yet determined); Falstaff Brewing Corp. v. Miller Brewing Co., 702 F.2d 770, 777 (9th Cir.1983) (penalty ordered paid to court but motion for refund would be entertained if compliance obtained within ninety days of order). Until the imposition of sanctions, therefore, the September 1982, January, and May orders were interlocutory.
31
Interlocutory orders do not have res judicata effect. See, e.g., Russell, 678 F.2d at 786. The January and May orders cannot be viewed as final for the res judicata purposes of treating the orders as barring all arguments on the duration of the trustee's contempt as untimely. In this case, the orders do not preclude presentation of evidence at the fine assessment hearing based upon res judicata alone.
32
B. Whether the district court abused its discretion in refusing to hear evidence on collective compliance efforts concerning the joint obligation.
33
The doctrine of res judicata does not preclude the trustees from presenting evidence of their compliance efforts on the restitution bond from January through May, but this does not end the inquiry. We must determine whether the district judge committed an abuse of discretion in refusing to hear evidence in August. We therefore address the trustees' argument that they should have been allowed to present evidence at the fine assessment hearing concerning compliance efforts.
34
The district court stated at the August hearing that the trustees' opportunity to present evidence for the period preceding May 10 had passed, since such an opportunity had been available at the May hearing. The district court apparently understood its obligation to consider evidence at a fine assessment hearing, and considered that this opportunity had already been supplied. See Pennwalt Corp. v. Durand-Wayland, 708 F.2d 492, 493, 495 (9th Cir.1983) (evidence must be considered on reasonableness of fee assessed even if award quantifies a previously issued sanction order). The judge's consideration of evidence at each hearing will be discussed seriatim.
35
1. September 30, 1982 order and Donovan I.
36
Donovan I affirmed the September 30, 1982 order for contempt on the indemnity bond at $100 per day per trustee starting November 2, 1983. 716 F.2d at 1240. The appellate court found that evidence had been considered. Id. The res judicata effect of this order, which was affirmed in Donovan I, does not eliminate the district court's obligation to hear evidence at subsequent contempt hearings, since present inability to comply is a complete defense and past ability to comply is not res judicata as to continuing ability to comply. United States v. Rylander, 460 U.S. 752, 103 S.Ct. 1548, 1552, 75 L.Ed.2d 521 (1983) ("Rylander I "); Maggio v. Zeitz, 333 U.S. 56, 75-76, 68 S.Ct. 401, 411-412, 92 L.Ed. 476 (1948). Cf. United States v. Rylander, 714 F.2d 996, 1002 (9th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 2398, 81 L.Ed.2d 355 (1984) (" Rylander II "). Ability to comply is a crucial inquiry for the court's decision concerning coercive civil contempt orders, and "a court should weigh all the evidence properly before it determines whether or not there is actually a present ability to obey and whether failure to do so constitutes deliberate defiance or willful disobedience which a coercive sanction will break." Falstaff, 702 F.2d at 781 n. 6 (citing Maggio, 333 U.S. at 76, 68 S.Ct. at 411).
37
2. January hearing on both bonds.
38
The district court was thus obliged to consider evidence at the January hearing on the trustees' ability to post the restitution bond. The record indicates that most of the discussion at that hearing concerned the indemnity bond, and the court's refusal to approve an agreement by the parties to supply letters of credit rather than a bond to satisfy that obligation. On the restitution bond, the record shows that the court twice told the trustees' attorney that he would hear nothing further, after beginning the hearing with the statement that "I don't think I need very much argument on this matter." The court agreed with the Government that "once again, nothing has been offered by the defendants to show inability to comply with the judgment."
39
The district judge apparently determined that the two reasons given by the trustees for non-compliance--first, their agreement with the Government to supply letters of credit instead of a bond on indemnity and second, the Government's unsubordinated judgment lien on the trustees' property--did not constitute inability to comply. He did not abuse his discretion in limiting the trustees' attorney's comments and ruling that the excuses offered did not constitute collective inability to comply with the restitution bond. Evidence on inability to post the restitution bond from October 7 through the hearing date, January 10, was heard at the January hearing.4
40
3. May hearing on both bonds.
41
The imprisonment contempt order was a sanction for both the indemnity and restitution bonds. The hearing concerned both the restitution bond and indemnity bond. The imprisonment sanction explicitly concerned the trustees' failure to post both bonds, and we cannot determine from the record the role played in the court's decision by the trustees' failure to post both bonds. See Gompers v. Bucks Stove & Range Co., 221 U.S. 418, 449-50, 31 S.Ct. 492, 501-02, 55 L.Ed. 797 (1911) (where contempt sentence does not indicate amount of punishment for each act, entire sentence must be reversed if one violation was improperly found). Compare Hoffman, 536 F.2d at 1275. Thus, the indemnity sanction cannot be distinguished from the restitution issue, and the May hearing should not have precluded later presentation of evidence on the restitution bond. Since jurisdiction was lacking over the indemnity bond, evidence on efforts to post both bonds should be allowed on remand: from January 10 through May 9 on the restitution bond, and from September 30 through May 20 on the indemnity bond.
42
III. Evidence concerning individual compliance efforts.
43
It remains to clarify for remand purposes whether, as the trustees argue, the trial judge should hear individual impossibility defenses as well as the evidence of collective impossibility discussed above. When individual defenses were offered by the trustees' attorney at the May hearing, the court responded that since the obligation was joint and several, individual impossibility defenses would "waste time." At the August hearing, the court again refused to hear offers of proof on impossibility defenses for individuals, though he indicated that he thought that individual ability to pay was an important factor.5
44
The trustees contend on appeal that the district court did not make individual assessments of ability to comply with the judgment. This argument has merit. While the court repeatedly found that the collective assets of the trustees could satisfy a joint obligation, see, e.g., Donovan I, 716 F.2d at 1240, it never found that a single individual was capable of satisfying the whole obligation. Thus before assessing contempt fines on individuals, because each trustee had failed in his "individual" obligation to post both bonds, the court should have considered the evidence presented concerning whether certain individual trustees had impossibility defenses on their ability to singlehandedly supply the total funds for both bonds. The district court did not do so. It imposed uniform fines on each defendant amounting to $27,200 for each of thirteen trustees and $8,400 for the fourteenth trustee (who was liable only on the restitution bond).
45
Donovan I 's affirmance of the September 30 order noted the "collective" ability to comply and did not reach the issue of the court's obligation to hear evidence before assessing fines individually. 716 F.2d at 1240. The district court's alternative was to impose a collective fine upon the trustees, whom it concluded had a collective ability to comply. See, e.g., Landman v. Royster, 354 F.Supp. 1292, 1301 (E.D.Va.1973) (joint and several fine of $25,000 upon all defendants). Before assessing individual fines even upon those trustees who had supplied their share of the funds and upon those who claimed poverty, the court should have considered evidence of individual impossibility defenses. Upon remand, it should do so.
CONCLUSION
46
The fine assessment based upon the indemnity bond contempt order is void for lack of jurisdiction and is remanded. The fine assessment based upon the restitution bond contempt order does not have jurisdictional defects but is reversed and remanded because it is inextricably intertwined with the indemnity bond issue and because the district judge abused his discretion in refusing to consider evidence of individual impossibility defenses in imposing individual fines for violation of a joint and several obligation. Upon remand, the district judge should consider evidence from September 30, 1982 through May 20, 1983 as to indemnity bond sanctions, and from January 13, 1983 through May 9, 1983 on the restitution bond sanctions.
*
The Honorable William J. Jameson, United States District Judge for the District of Montana, sitting by designation
1
Neither party on appeal nor the court at the hearing below discussed the presentation of evidence after May 10. The district court determined that it would not impose fines as to restitution bond sanctions after May 10, even though the bond was not filed until June 10, due to the good faith efforts of the trustees. Since the district court had jurisdiction over the restitution bond, this court will not disturb that finding. The district court also remitted indemnity bond fines from May 10 until May 20, the date the bond was filed. Since this action was void for lack of jurisdiction, on remand the district court is not bound by this limitation
2
The Donovan I opinion did not discuss the source of appellate jurisdiction over this order, which was considered together with the appeal from the final judgment. The issue was apparently not presented by the parties to that court. The Donovan I panel's decision is res judicata as to its subject-matter jurisdiction over the September 30, 1982 order. Underwriters National Assurance Co. v. North Carolina Life & Accident & Health Insurance Guaranty Ass'n., 455 U.S. 691, 706-07, 102 S.Ct. 1357, 1366-67, 71 L.Ed.2d 558 (1982); Insurance Corp. of Ireland, Ltd. v. Compagnie des Bauxites de Guinea, 456 U.S. 694, 702 n. 9, 102 S.Ct. 2099, 2104 n. 9, 72 L.Ed.2d 492 (1982). Even if the issue of jurisdiction was not argued to the Donovan I panel, if the parties had the opportunity to litigate the question of jurisdiction, it may not be reopened in a collateral attack upon the previous judgment. Sherrer v. Sherrer, 334 U.S. 343, 350, 68 S.Ct. 1087, 1090, 92 L.Ed. 1429 (1948); Underwriters National, 455 U.S. at 710, 102 S.Ct. at 1369
3
Practical considerations buttress the conclusion that the September 30 interlocutory order was not final and appealable on October 22. The trustees had 60 days to appeal a final order, FRAP 4(a)(1) (U.S. as party), a period which should not have begun until they had violated the order after November 1. Otherwise, the coercive purpose of the civil contempt order with a grace period between September 30 and November 1 is thwarted. Rather than devoting all of their efforts to complying before November 1, the trustees apparently chose to safeguard attempts to comply with simultaneous preparations for appeal, should compliance fail. The time for appeal should not run until it is clear that the contempt sanction has been incurred, in this case after November 1, for otherwise there is nothing to appeal
4
Since fines were not imposed until February 14, however, evidence on the trustees' efforts during this earlier period is not directly at issue
5
The court asked the trustees' attorney, "Have any of your clients signed an affidavit that they are impoverished and have no means of making any payment?" When one trustee said to the judge, "I signed my house away. What else can I do? I have no other money. What else can I do?", the judge responded that "the court will not punish for contempt where a person has complied to the very best of his ability."
|
Morten Cramer
Morten Cramer (born 7 November 1967), is a Danish educated police officer, who formerly played professional football (soccer) as a goalkeeper at BK Frem in the Danish Second Division. He has played one national youth team match for the Denmark national under-21 football team. Currently works as goalkeeper coach by Brøndby IF
Cramer started his career at Brøndby IF, where he played a number of games, among them matches in the 1986 European Cup against Budapest Honvéd FC and Dynamo Berlin. However, Cramer would stand in the shadow of later Denmark national football team captain Peter Schmeichel who arrived at the club in 1987. He went on to play for lower league clubs in 1989 and Cramer stopped his professional footballing career to concentrate on his career as a police man.
He played part-time at Roskilde B 06, Fremad Amager and Ølstykke FC until December 1999. He was brought back to Brøndby under coach Åge Hareide, after a ten-year absence from top-flight football. At 32 years of age, he would again be the second in line, this time in favour of the four-years older Mogens Krogh. When Krogh was eventually injured for smaller durations of time, Cramer would see the thirteen-years younger goalkeeper Kim Drejs chosen to fill in the position before him, with yet another youngster Casper Ankergren waiting in the wings. Morten Cramer left Brøndby on a free transfer in July 2001, having played one match since his comeback, for a then combined 20 matches in his time for Brøndby.
He switched to fellow Danish Superliga team Herfølge BK where he established himself as the first-choice keeper, despite Herfølge's relegation to the Danish 1st Division in 2005. In August 2006, he returned to Brøndby IF on a three-year contract as a back-up for Casper Ankergren.
Footnotes
External links
Danish national team profile
Career statistics at Danmarks Radio
Category:1967 births
Category:Living people
Category:Danish footballers
Category:Denmark under-21 international footballers
Category:Brøndby IF players
Category:Ølstykke FC players
Category:Herfølge Boldklub players
Category:Association football goalkeepers |
Fernando Leonel Cortés
Fernando Leonel Cortés Monroy (born January 29, 1988) is a Mexican football striker. He currently plays for Puebla F.C. in Mexico.
Born in Pachuca, Cortés, who spent two years in the Pachuca youth system, made his professional debut on April 25, 2009 in a 3–0 win against Cruz Azul, coming on as a substitute during the 81st minute.
External links
Category:1988 births
Category:Living people
Category:Sportspeople from Pachuca
Category:Footballers from Hidalgo (state)
Category:Association football forwards
Category:Mexican footballers
Category:C.F. Pachuca players
Category:Club Puebla players
Category:Liga MX players |
Video released, reward offered to find men who shot cop in face
The gunman is in custody, but the driver - a suspected gang member - and another passenger are still at large
ABC13
HOUSTON — Dashcam video from a wounded officer's vehicle was released on Thursday in hopes that someone will be able to lead them to two men, and now a reward is being offered.
Stafford police officer Ann Carrizales was wounded in a shooting after she stopped a vehicle around 3:30am Saturday in the 12700 block of Murphy Road. Inside were three males. One person was arrested and charged. Now, Crime Stoppers of Houston is offering a reward of up to $10,000 for information leading to the filing of felony charges against any others in this case.
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Assessment of lead exposure of children from K-XRF measurements of shed teeth.
Lead is accumulated and immobilized for long periods of time in teeth. Thus the Pb concentration of a tooth can be used as an indicator of the cumulative Pb intake of a child. Shed and extracted teeth were collected from children in Beijing, China and some industrial regions in the Middle Urals in Russia. The Pb levels in the teeth were measured in Philadelphia, PA using an X-ray fluorescence (XRF) technique. Since Pb deposits in the tooth during the entire period that it is in the child, the measured tooth Pb level was divided by the age of the child when the tooth was shed and expressed in terms of (microgram/g-yr). 10% (n = 100) of the teeth from Beijing, China had Pb levels exceeding 5.5 and 3% above 9 micrograms/g-yr. For comparison, in the 1970s when urban environmental Pb levels were elevated, the tooth Pb levels in Philadelphia children were similar, i.e. 10% (n = 298) of the teeth had Pb levels exceeding 7.5 and 6% were above 9 micrograms/g-yr. Children in a more rural setting, Bennington, VT, had no detectable tooth Pb (n = 200). The Pb levels in the teeth from the Urals were much higher; 50% (n = 134) of the teeth had Pb levels exceeding 7.5 and 10% exceeding 17.8 micrograms/g-yr. The tooth Pb levels observed in the teeth from Beijing, and more so from the Urals, indicate that these children are residing in Pb polluted environments. Further studies are required to determine the extent of the Pb pollution and to explore the possibility that there are associated Pb-related health deficits. |
[Retroperitoneal fibrosis with involvement up to the mediastinal space].
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Osun didn’t collect a dime from April allocation, over bogus debt owed FG
Osun State Government did not collect any amount from the federation account, as the state’s allocation of about N2.03 billion from the federal revenue was even insufficient to offset its total debt to the federal government of about N2.391 billion.
Governor Rauf Aregbesola of Osun StateThe deduction from Osun was part of the N32 billion deducted by the federal government from states as repayment for bailout funds and other loans extended to the affected states and the federal government.
At the end of the Federation Accounts Allocation Committee (FAAC) meeting for April 2016, the state went home empty handed. It still, however, owes the federal government about N361 million which will be deducted from subsequent months.
Apart from Osun, other states that had huge deductions by the federal government include Bayelsa, Cross River, and Ogun.
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Seven states – Akwa Ibom, Anambra, Jigawa, Kogi, Lagos, Rivers, and Yobe – along with the Federal Capital Territory did not have deductions, as they did not collect the bail-out funds used for the deduction.
Apart from bail-out funds, which took about N3.078 billion from the affected states, loans the states are now repaying to the federal government include debts on Asset Management Corporation of Nigeria (AMCON) loans, commercial agricultural credit scheme, bond issuance programme, obligations to contractors, and deduction from excess crude account.
Other deductions include refund/payment arrears of derivation, foreign loans, special intervention/flood management projects, the national FADAMA project and reconstruction of commercial bank loans into FGN bonds.
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IN THE SUPREME COURT, STATE OF WYOMING
2016 WY 87
APRIL TERM, A.D. 2016
August 30, 2016
IN THE MATTER OF THE WORKER’S
COMPENSATION CLAIM OF TODD JENSEN,
AN EMPLOYEE OF R.S. BENNETT
CONSTRUCTION:
TODD JENSEN,
Appellant
(Petitioner),
No. S-16-0017
v.
STATE OF WYOMING, ex rel., DEPARTMENT
OF WORKFORCE SERVICES, WORKERS’
COMPENSATION DIVISION,
Appellee
(Respondent).
Appeal from the District Court of Sublette County
The Honorable Marvin L. Tyler, Judge
Representing Appellant:
Jack D. Edwards of Edwards Law Office, P.C., Etna, Wyoming.
Representing Appellee:
Peter K. Michael, Wyoming Attorney General; John D. Rossetti, Deputy Attorney
General; Michael J. Finn, Senior Assistant Attorney General; Kellsie J. Singleton,
Assistant Attorney General.
Before BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third.
Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building,
Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be
made before final publication in the permanent volume.
FOX, Justice.
[¶1] The Office of Administrative Hearings (OAH) denied Mr. Jensen’s worker’s
compensation claim on the grounds that he failed to prove a causal relationship between
his automobile accident and his prior work-related accident. The district court upheld
that decision. We affirm.
ISSUES
[¶2] 1. Did the OAH properly apply the second compensable injury rule?
2. Was the OAH’s conclusion that Mr. Jensen did not prove by a preponderance
of the evidence that his automobile accident was causally connected to his work-related
injury supported by substantial evidence?
FACTS
[¶3] On October 13, 2011, Mr. Jensen suffered a work-related injury when he climbed
from the bed of a dump truck and fell onto a rock, fracturing his right hip. Dr. Brian
Tallerico performed surgery on the hip, inserting a nail into the femur to repair the
fracture. The Department of Workforce Services, Workers’ Compensation Division (the
Division) approved benefits for the injury to Mr. Jensen’s right hip.
[¶4] After surgery, Mr. Jensen’s legs were different lengths, causing a limp and
constant pain in both hips. The pain eventually became unbearable, and on July 12,
2012, Dr. Tallerico and Dr. Aaron Altenburg performed a total hip replacement in
Pocatello, Idaho. After his hip replacement, Mr. Jensen remained in pain, had bursitis,
and was pigeon-toed. This caused him to trip and fall down when he walked.
[¶5] Mr. Jensen sought treatment for the symptoms he was experiencing. He began
seeing pain specialist Dr. Holly Zoe in Idaho Falls, Idaho. He also revisited Dr.
Tallerico, with whom he discussed the possibility of returning to work and the
performance of a functional capacity evaluation and an impairment rating examination,
which were subsequently scheduled. Dr. Tallerico noted: “Musculoskeletal: gait and
station–[c]onventional walking: abnormal toe off.” He performed an impairment rating
examination in April of 2013. During that examination, Dr. Tallerico noted:
Gait Observation: He ambulates with an antalgic gait
favoring the right lower extremity with a shortened swing
phase and stance phase. It is not a true Trendelenburg
appearance however. Overall it does not appear that he has
excessive external or internal rotation of the right lower
extremity.
1
....
Manual motor testing however does reveal some give way
weakness in basically all major motor groups in the right
lower extremity.
....
It is my opinion that the claimant is now at maximal medical
improvement related to this industrial injury and he should be
considered fixed and stable at this time.
I am also of the opinion that Mr. Jensen does have permanent
work restrictions related to the industrial injury. I believe that
this individual has a sincere desire to return to work but given
his prior heavy requirements I doubt he can return to the job
of injury . . . .
[¶6] On June 3, 2013, Mr. Jensen notified the Division that he was having difficulty
walking because his pigeon-toed foot was causing him to fall and that he was going to see
Dr. Tallerico about it. On June 5, he followed up with Dr. Tallerico. During that visit,
according to Dr. Tallerico’s notes, Mr. Jensen “state[d] that he has a hard time walking as
right foot [wants] to roll [] underneath him and [is] pigeon toe[d] to where he trips over
and [falls].” Regarding Mr. Jensen’s physical examination, Dr. Tallerico’s notes state:
The patient[‘s] examination is quite interesting. As he sits in
the examination chair [it] appears that he does have inversion
and internal rotation of his right foot. However with
distraction this is not the case[.] [W]hen I inspected his shoes
there is no evidence of a [un]even wear pattern on the right
shoe sole. He ambulates with a slight limp as he always [is]
favoring the right lower extremity[.] [H]is supine exam
shows basically even limb length and with distraction and
log-rolling of his legs there is essentially no evidence of any
malrotation of his right lower extremity due to malposition of
his total hip implant. In fact in the supine position. [sic]
This is confirmed whereas [h]is foot progression angle is
actually symmetric. His hip range of motion is actually quite
impressive and symmetric with no abnormal findings on the
right side [and] no evidence of impingement[.]
2
Dr. Tallerico’s notes go on to state:
[Mr. Jensen’s] clinical symptoms are somewhat perplexing to
me. He seems to feel that he has significant internal rotation
and intoeing of the right lower extremity but I cannot find any
objective evidence to support that on exam . . . . However I
certainly have to take [Mr. Jensen’s] subjective complaints
into consideration so therefore we are going to have him see
the Ortho [tech] in Pocatello on the same day to give him a
lateral heel wedge for his right shoe orthotics to see if that
will help neutralize his foot[.]
[¶7] On June 10, Mr. Jensen saw Dr. Altenburg and his assistant, Matthew McKinlay,
PA-C. Mr. McKinlay’s notes state that Mr. Jensen “complains of soreness in his lateral
hip that has caused him to walk with pinching toe gait and he is also starting to go over
the lateral aspect of his foot.” The physical examination revealed the following:
Certainly, he does walk with his foot internally rotated and
seems to thrust his weight laterally. He has marked
tenderness at the greater trochanter. When his leg is relaxed
in extension, he externally rotates to a neutral position and the
pain resolves.
The note concluded that Mr. Jensen “has developed greater trochanteric bursitis and
intoeing.” Going forward, their plan was to “get [Mr. Jensen] set up for some gait
training and physical therapy focusing on externally rotating the foot and leg to get into
more of a neutral alignment.”
[¶8] The day after Mr. Jensen saw Dr. Altenburg, he was scheduled for appointments
with Idaho Prosthetics & Orthotics to be fitted with orthotics, and with East Idaho
Interventional Pain Center. En route to those appointments, Mr. Jensen was in an
automobile accident which resulted in a shattered right ankle, broken left arm, and a
broken pelvis.
[¶9] Immediately before the accident, Mr. Jensen was traveling north on Highway 89.
As he approached the bridge over the Salt River, the vehicle in front of him began to turn
right onto Lincoln County Road 128, and Mr. Jensen slowed down to allow room for the
vehicle to turn. At the hearing, Mr. Jensen testified regarding what happened next:
A. [Mr. Jensen:] Okay. There’s a vehicle in front of me a
quarter mile ahead of me. I’m -- I’m going well under the
speed limit. I put my left foot up on the clutch, pushed it in
and shifted down. I needed to slow the pickup down. I put
my right foot up on the brake pedal.
3
Q. [Counsel for Mr. Jensen:] Why are you slowing your
vehicle down?
A. Just to make sure I give him enough room to make his
turn.
....
So, I put my right foot up, my pigeon toed foot up on the
pedal, and it did what it does when I walked, it rolled off the
pedal and down between the gas pedal and the brake pedal.
And instead of being straight it’s, like I say, pigeon toed.
And I reached down with my leg tried to pull it out. Couldn’t
get it to come.
I glanced down to see what I needed to do to get it out,
and when I glanced back up, there was a bridge abutment
right in front of me.
I made a hard left. I heard a bunch of crunching sound,
thought I had made it out of it, and thought that maybe I just
crunched in the side of my pickup was going through my
head, and thinking, Oh, boy. Because it was a nice little
pickup, and it was in very good shape for how old it was.
And I was thinking, Oh boy. And right at the moment
I’m thinking this, boom, I’m upside down twirling on my
roof, and I twirled across the road, hit the curb on the other
side of the bridge, and it bounced me back to the northbound
lane. That’s where it spun to a stop.
Q. So during this time when this -- when your vehicle
crashed, where was your right foot?
A. It was in between the gas pedal and the clutch or the
brake pedal, I’m sorry.
[¶10] Immediately after the accident, UPS driver John Pittman arrived on the scene and
helped Mr. Jensen out of his truck. Mr. Jensen laid his head on Mr. Pittman’s lap until
the ambulance arrived. At that time, he also called his wife from his cell phone. Mrs.
Jensen testified that he spoke to her on the phone and told her that the accident happened
when his foot got lodged between the brake and gas pedals and he could not get it out.
4
[¶11] An ambulance transferred Mr. Jensen to the Star Valley Medical Center, and he
was ultimately life-flighted to the University of Utah Hospital in Salt Lake City, Utah,
where he received treatment for his injuries. The Division denied Mr. Jensen’s request
for worker’s compensation benefits for the injuries sustained in the automobile accident.
After a contested case hearing, the OAH again denied his request. Mr. Jensen appealed
that decision to the Sublette County District Court, which affirmed the OAH’s decision.
Mr. Jensen timely filed this appeal.
STANDARD OF REVIEW
[¶12] Our standard of review of a district court’s review of an administrative agency’s
decision in worker’s compensation cases is:
When an appeal is taken from a district court’s review
of an administrative agency’s decision, we examine the case
as if it had come directly from the agency without giving any
deference to the district court’s decision. Dutcher v. State
ex rel. Wyo. Workers’ Safety & Comp. Div., 2010 WY 10, ¶ 9,
223 P.3d 559, 561 (Wyo. 2010); Dale v. S & S Builders, LLC,
2008 WY 84, ¶ 8, 188 P.3d 554, 557 (Wyo. 2008). Our
review is governed by Wyo. Stat. Ann. § 16-3-114(c)
(LexisNexis 2013) . . . .
Guerrero v. State ex rel. Dep’t of Workforce Servs., Workers’ Comp. Div., 2015 WY 88,
¶ 11, 352 P.3d 262, 265 (Wyo. 2015).
[¶13] We review the agency’s findings of fact by applying the substantial evidence
standard. Wyo. Stat. Ann. § 16-3-114(c)(ii)(E) (LexisNexis 2015); see also Dale v. S & S
Builders, LLC, 2008 WY 84, ¶ 22, 188 P.3d 554, 561 (Wyo. 2008).
Substantial evidence means “such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.” Bush v. State ex rel. Wyo. Workers’ Comp. Div.,
2005 WY 120, ¶ 5, 120 P.3d 176, 179 (Wyo. 2005) (citation
omitted). See also Kenyon v. State ex rel. Wyo. Workers’
Safety & Comp. Div., 2011 WY 14, ¶ 11, 247 P.3d 845, 849
(Wyo. 2011). “Findings of fact are supported by substantial
evidence if, from the evidence preserved in the record, we can
discern a rational premise for those findings.” Id., ¶ 11, 247
P.3d at 849 (citation omitted).
5
When an agency rules that the claimant did not satisfy
his burden of proof, we apply the following standard:
If the hearing examiner determines that the burdened
party failed to meet his burden of proof, we will decide
whether there is substantial evidence to support the
agency’s decision to reject the evidence offered by the
burdened party by considering whether that conclusion
was contrary to the overwhelming weight of the
evidence in the record as a whole. If, in the course of
its decision making process, the agency disregards
certain evidence and explains its reasons for doing so
based upon determinations of credibility or other
factors contained in the record, its decision will be
sustainable under the substantial evidence test.
Importantly, our review of any particular decision
turns not on whether we agree with the outcome, but
on whether the agency could reasonably conclude as it
did, based on all the evidence before it.
Dale, ¶ 22, 188 P.3d at 561 (citations omitted).
Guerrero, 2015 WY 88, ¶¶ 12-13, 352 P.3d at 266.
[¶14] We review an agency’s conclusions of law de novo, and will affirm those
conclusions only when they are in accordance with the law. Id., 2015 WY 88, ¶ 14, 352
P.3d at 266 (citing Middlemass v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2011
WY 118, ¶ 13, 259 P.3d 1161, 1164 (Wyo. 2011)).
DISCUSSION
I. Did the OAH properly apply the second compensable injury rule?
[¶15] Mr. Jensen argues that the Hearing Examiner failed to properly apply the second
compensable injury rule. Mr. Jensen takes issue with the Hearing Examiner’s comments
that he had failed to pursue the “but for” theory of analysis. The Hearing Examiner
stated: “Jensen has alleged only that the residual injuries caused the automobile accident.
He has not alleged a theory, similar to that of In re Fisher [Fisher v. State ex rel. Wyo.
Workers’ Safety & Comp. Div., 2008 WY 89, 189 P.3d 866 (Wyo. 2008)] that ‘but for’
the work related accident he would not have suffered the degree of injuries he did in the
automobile accident.” She also stated that “[t]he court in Fisher and Alvarez [v. State ex
rel. Wyo. Workers’ Safety & Comp. Div., 2007 WY 126, 164 P.3d 548 (Wyo. 2007)]
found in both cases that ‘but for’ the work related injuries the subsequent injuries would
6
not have occurred,” and that “Jensen has not alleged or attempted to prove that ‘but for’
his prior work related injury he would not have suffered the same or as severe of injuries
in the car accident.” Although Mr. Jensen is correct that the “but for” analysis does not
govern the determination of a second compensable injury, the evidence shows that the
Hearing Examiner applied the correct standard in reaching her conclusion.
[¶16] To qualify for worker’s compensation, an employee must show that he suffered a
compensable injury. Guerrero, 2015 WY 88, ¶ 15, 352 P.3d at 266. An “injury is not
compensable if it cannot fairly be traced to the employment as a contributing cause and if
it comes from a hazard that the employee would have been equally exposed to outside of
the employment.” Ball v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2010 WY
128, ¶ 23, 239 P.3d 621, 628 (Wyo. 2010) (citing Finley v. State ex rel. Wyo. Workers’
Safety & Comp. Div., 2006 WY 46, ¶ 8, 132 P.3d 185, 188 (Wyo. 2006) (quoting State
ex rel. Wyo. Workers’ Safety & Comp. Div. v. Bruhn, 951 P.2d 373, 377 (Wyo. 1997)).
[¶17] The second compensable injury rule applies when “an initial compensable injury
has resulted in an injury or condition that requires additional medical intervention.” Ball,
2010 WY 128, ¶ 24, 239 P.3d at 628. See also Alvarez, 2007 WY 126, ¶ 18, 164 P.3d at
552; Yenne-Tully v. Workers’ Safety & Comp. Div., 12 P.3d 170, 172 (Wyo. 2000).
“Under the rule, a subsequent injury is compensable if it is causally related to the initial
compensable work injury.” Alvarez, 2007 WY 126, ¶ 18, 164 P.3d at 552 (citing Yenne-
Tully, 12 P.3d at 172); see also Ball, 2010 WY 128, ¶ 24, 239 P.3d at 628. In order to
prove a second compensable injury, the employee must prove, “by a preponderance of
the evidence, that it is more probable than not that there exists a causal connection
between the first and second injuries.” Guerrero, 2015 WY 88, ¶ 29, 352 P.2d at 271
(citing State ex rel. Wyo. Workers’ Safety & Comp. Div. v. Kaczmarek (In re Kaczmarek),
2009 WY 110, ¶ 11, 215 P.3d 277, 282-83 (Wyo. 2009)). In order to establish that causal
connection, the employee “must present evidence demonstrating that the initial work
injury contributed to the second injury.” Id. at ¶ 31, 352 P.3d at 271. In Ball, we
explained the language we have used to describe the rule’s causation requirement:
We have used a number of terms to describe the required
causal connection between the first and second injuries
including: “direct cause” (Pino v. State ex rel. Wyo. Workers’
Safety & Comp. Div., 996 P.2d 679, 684 (Wyo. 2000); Taylor
v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2003 WY
83, ¶ 12, 72 P.3d 799, 803 (Wyo. 2003)); “caused by”
(Casper Oil Co. v. Evenson, 888 P.2d 221, 226 (Wyo. 1995));
“causally related to” (Chavez v. State ex rel. Wyo. Workers’
Safety & Comp. Div., 2009 WY 46, ¶¶ 26-27, 204 P.3d 967,
973-74 (Wyo. 2009); Walsh v. Holly Sugar Corp., 931 P.2d
241, 243 (Wyo. 1997)); “direct causal connection” (Alvarez v.
State ex rel. Wyo. Workers’ Safety & Comp. Div., 2007 WY
7
126, ¶ 17, 164 P.3d 548, 552 (Wyo. 2007)); “direct and
natural result” (Stewart v. State ex rel. Wyo. Workers’ Safety
& Comp. Div., 2007 WY 58, ¶ 12, 155 P.3d 198, 203 (Wyo.
2007) (quoting 1 Arthur Larson & Lex K. Larson, Larson’s
Workers’ Compensation Law § 10.10, at 10-2 (2006)));
“significant causal connection” and “predominant cause”
(Yenne-Tully v. State ex rel. Wyo. Workers’ Safety & Comp.
Div., 2002 WY 90, ¶ 11, 48 P.3d 1057, 1062 (Wyo. 2002));
“fairly be traced to” and “a contributing cause” (State ex rel.
Wyo. Workers’ Safety & Comp. Div. v. Bruhn, 951 P.2d 373,
377 (Wyo. 1997)). Regardless of the terminology used to
describe the causal connection, the burden remains the same:
the claimant must show, by a preponderance of the evidence,
that it is more probable than not that the second injury was
caused by the first.
Ball, 2010 WY 128, ¶ 24, 239 P.3d at 628 (quoting Kaczmarek, 2009 WY 110, ¶ 11 n.3,
215 P.3d at 282 n.3).
[¶18] Here, the Hearing Examiner recognized that the second compensable injury rule
applies in this instance. She stated: “This case concerns the second compensable injury
rule.” She went on to properly identify the relevant issue as “whether [Mr. Jensen’s]
work related injury caused the accident as he suggests in that due to his work related hip
injury his foot was not functioning properly and slipped off the brake pedal and got
stuck.” She also stated that “[t]he causal connection . . . is dependent upon whether or
not the work related injuries were the cause of the accident.”
[¶19] The Hearing Examiner then applied the second compensable injury rule, finding
that “[w]hile the Office finds and concludes that Jensen did have residual problems from
the work related injury, i.e., the in toeing and even rolling of the foot, the Office does not
find that the preponderance of the evidence shows that those residual problems were the
cause of the automobile accident.”
[¶20] The second compensable injury rule was applicable in this case and the Hearing
Examiner applied that rule. Therefore, Mr. Jensen’s claim that “[t]he wrong rule of law
was applied” cannot be sustained.
II. Was the OAH’s conclusion that Mr. Jensen did not prove by a preponderance of
the evidence that his automobile accident was causally connected to his work-
related injury supported by substantial evidence?
[¶21] Mr. Jensen argues that the OAH’s findings were not supported by substantial
evidence. As we explained in the preceding section, in order to receive worker’s
8
compensation benefits, Mr. Jensen had to prove by a preponderance of the evidence that
the injuries he suffered in the automobile accident on June 11, 2013, were causally
connected to his 2010 work-related injury. Guerrero, 2015 WY 88, ¶ 29, 352 P.2d at
271; Hoffman v. State ex rel. Wyo. Workers’ Safety & Comp. Div., 2012 WY 164, ¶ 9,
291 P.3d 297, 301-02 (Wyo. 2012).
[¶22] In his endeavor to make that showing, Mr. Jensen relied on his medical records
prior to the accident, testimony of his treating physicians, statements he made
immediately after the accident in the presence of Mr. Pittman and to his wife, and his
testimony at the hearing before the OAH, as well as his affidavit. That evidence consists
of the following:
• February 14, 2013: Dr. Zoe noted a “decreased [range of motion] with right hip
flexion, extension, adduction, abduction, internal rotation, and external rotation.”
• March 26, 2013: Dr. Tallerico’s record shows Mr. Jensen’s musculoskeletal
evaluation as “gait and station–[c]onventional walking: abnormal toe off.” At
that appointment Mr. Jensen complained of intoeing.
• April 11, 2013: Dr. Tallerico notes “weakness in basically all major motor
groups in the right lower extremity.”
• June 3, 2013: Mr. Jensen notified the Division regarding his pigeon-toed foot
causing him to fall.
• June 5, 2013: Dr. Tallerico noted Mr. Jensen’s right foot wants “to roll []
underneath him and pigeon toe to where he trips over and [falls].” He also
described Mr. Jensen’s condition in a seated position: “As he sits in the
examination chair [it] appears that he does have inversion and internal rotation
of his right foot.” At this deposition Dr. Tallerico again described his
observation: “Well, when he was sitting down, he appeared to invert and
internally rotate his right foot, which is basically turning his foot inward.” Dr.
Tallerico also noted that this rotation was not due to malposition of his total hip
implant, recognized his symptoms as “somewhat perplexing” in that he could
find no “objective evidence” that would cause the internal rotation and intoeing.
• June 10, 2013: Dr. Altenburg and his assistant note that upon physical
examination, Mr. Jensen “does walk with his foot internally rotated” but when
his leg is “relaxed in extension, he externally rotates to a neutral position . . . .”
They conclude that Mr. Jensen “has developed greater trochanteric bursitis and
intoeing.”
[¶23] In his deposition, Dr. Altenburg testified regarding hip weakness:
Q. [State’s counsel:] [W]ould an individual have any
difficulties in performing any tasks or any movement from a
sitting position?
9
A. [Dr. Altenburg:] A sitting position? You know,
generally these abduct -- these muscles work in an abductor
function. And just to explain that, if you consider your leg in
a midline position, if you bring your leg in towards the
opposite leg, that’s an a-d-duction, adduction movement. If
you take your leg away from midline, or out extended away
from the body, that’s an abduction . . . motion. . . . [C]ertain
seated positions that require you to bring your leg up and take
it away from midline may create some difficulty for [Mr.
Jensen]. Again, I’m only surmising that that could cause
some weakness in trying to do some of those things.
....
[If lifting the leg directly off the ground is combined
with] moving the leg, per se, out or in an adduction manner, I
could surmise that there may be some weakness or some
difficulty with that.
(Emphasis added.)
[¶24] In his affidavit, Mr. Jensen stated that when he saw the vehicle in front of him, he
attempted to slow his truck down:
When I downshifted, I also applied the brake. Then I felt my
foot slip off the brake pedal. I tried to use my right hand to
free my foot and was unsuccessful. Then I looked down and
saw that my foot was trapped between the brake pedal and the
accelerator. I again used my right hand to try to free my right
foot and was unsuccessful.
Similarly, at the hearing, Mr. Jensen testified:
So, I put my right foot up, my pigeon toed foot up on the
pedal, and it did what it does when I walked, it rolled off the
pedal and down between the gas pedal and the brake pedal.
And instead of being straight it’s, like I say, pigeon toed.
And I reached down with my leg tried to pull it out. Couldn’t
get it to come.
[¶25] Statements made by Mr. Jensen immediately after the accident corroborate his
testimony. Mr. Pittman testified that at the scene Mr. Jensen stated that “he reached
down, pulled his foot out from underneath the brake pedal and lost control . . . .” Mrs.
10
Jensen also testified that when Mr. Jensen called her on his cell phone from the scene, he
told her that the accident happened when his right foot “got stuck” and “he couldn’t get it
out.”
[¶26] In rejecting this evidence, the Hearing Examiner ruled:
66. . . . While the Office finds and concludes that Jensen did
have residual problems from the work related injury, i.e., the
in toeing and even rolling of the foot, the Office does not find
that the preponderance of the evidence shows that those
residual problems were the cause of the automobile accident.
67. As noted above, the weight of the evidence showed that
Jensen’s residual problems occurred when he was standing,
walking and/or weight bearing. Neither Jensen nor his wife
ever described the problems occurring when he was seated or
driving. There is only one mention in all of the records of
Jensen’s foot pointing inward while in a seated position. That
is in Dr. Tallerico’s June 5, 2013 record. While Dr.
Altenburg’s deposition testimony suggests that there could be
problems when someone with Jensen’s condition would be
lifting a knee and moving it outward, the testimony did not in
the Office’s opinion rise to the level of proof necessary.
68. Pittman’s testimony that at the scene Jensen made the
comment his foot became stuck and he was trying to remove
it was compelling, however, it still did not go far enough to
make the connection to the work related injury. Further, and
more compelling to the Office was the lack of any statements
from Ms. Jensen or Jensen himself to the case worker in the
days and even the months following the accident. It would
certainly seem to the Office that Jensen would have made
those comments to the case worker in his conversation with
[her] in July. In that regard, it simply appeared to the Office
that the rolling of the foot off the pedal became an after the
fact theory in this case, not one advanced until the case was
referred to the Office.
69. While the Office found the majority of Jensen’s and
Mrs. Jensen’s testimony credible and the accident was
unfortunate indeed, the Office simply did not accept the
testimony that Jensen’s foot rolled off the pedal causing the
accident given the lack of prior or subsequent complaints or
11
evidence that Jensen had problems with his foot while
seated or told anyone at the time of or within the month
after the accident that his foot had slipped off the pedal.
(Emphasis added.)
[¶27] We have held that “[i]n a second compensable injury case, the causal connection
between the work injury and the second injury is satisfied if the medical expert testifies
that the work injury contributed to the second injury.” Hoffman, 2012 WY 164, ¶ 17, 291
P.3d at 303. “Our precedent establishes that medical testimony stating the claimant’s
work ‘contributed to’ the injury or the injury was ‘most likely’ or ‘probably’ the product
of the workplace is sufficient to satisfy the requirements.” Middlemass, 2011 WY 118,
¶ 28, 259 P.3d at 1168 (citing Boyce v. State ex rel. Wyo. Workers’ Safety & Comp. Div.,
2005 WY 9, ¶ 21, 105 P.3d 451, 458 (Wyo. 2005); Jim’s Water Serv. v. Eayrs, 590 P.2d
1346, 1349 (Wyo. 1979); Claim of Vondra, 448 P.2d 313 (Wyo. 1968)).
[¶28] Here, Dr. Altenburg “surmised” that Mr. Jensen “could” have difficulty in lifting
his knee and moving it outward. “[S]peculative medical testimony is insufficient to
satisfy a claimant’s burden of proof.” Jacobs v. State ex rel. Wyo. Workers’ Safety &
Comp. Div., 2013 WY 62, ¶ 24, 301 P.3d 137, 147 (Wyo. 2013) (citing Anastos v.
General Chemical Soda Ash, 2005 WY 122, 120 P.3d 658, 666-67 (Wyo. 2005)). The
OAH found that Dr. Altenburg’s testimony was speculative and did not satisfy Mr.
Jensen’s burden of proof. We have held that “opinions expressed by medical experts in
terms of ‘can,’ ‘could,’ or ‘possibly’ are not sufficient to meet an employee’s burden of
proof.” Middlemass, 2011 WY 118, ¶ 28, 259 P.3d at 1168 (quoting Boyce, 2005 WY 9,
¶ 22, 105 P.3d at 458); see also Guerrero, 2015 WY 88, ¶ 19, 352 P.3d at 268
(physician’s statement that it was “possible” claimant’s back problems were related to his
work injury was not sufficient proof of causation). Thus, Dr. Altenburg’s testimony that
Mr. Jensen “could” have weakness supports the OAH’s determination that Mr. Jensen did
not meet his burden of proof.
[¶29] Dr. Altenburg’s testimony was not the only medical testimony presented to the
OAH. As early as February of 2013, Dr. Zoe noticed that Mr. Jensen had a “decreased
[range of motion] with right hip flexion, extension, adduction, abduction, internal
rotation, and external rotation.” And, Dr. Tallerico’s records indicate that Mr. Jensen’s
walk was “abnormal” with his “toe off” and that he had “weakness in basically all major
motor groups in the right lower extremity.” He also noted that the tendency of Mr.
Jensen’s foot to rotate inward occurred in a seated position: “As he sits in the
examination chair [it] appears that he does have inversion and internal rotation of his
right foot.” This evidence, however, does not even reach the point of speculation
regarding whether Mr. Jensen’s work-related injury caused the accident.
12
[¶30] We have held that “the causal connection between the work injury and the second
injury is satisfied if the medical expert testifies that the work injury contributed to the
second injury.” Hoffman, 2012 WY 164, ¶ 17, 291 P.3d at 303. In Hoffman, the
claimant’s treating physician testified that his second injury was “clearly related to” and
“more probably resulted from” his original work injury and the treatment of that injury.
We held that this testimony satisfied the causal connection requirement under the second
compensable injury rule. Id. Here, however, none of this medical evidence relied upon
by Mr. Jensen establishes a causal connection between Mr. Jensen’s work-related injury
and his subsequent accident.
[¶31] In addition, Mr. Jensen points to the testimony of other witnesses regarding the
cause of the accident. He correctly states that both Mrs. Jensen and Mr. Pittman testified
that shortly after the accident he told them his foot had become lodged between the brake
and gas pedals, and he was unable to get it out. He also highlights his own testimony
where he described his foot falling from the brake pedal, getting stuck, and his
unsuccessful attempts at removing it as the cause of the accident.
[¶32] We have recognized that
[t]he testimony of an injured worker alone is sufficient to
prove an accident if there is nothing to impeach or discredit
the worker’s testimony and the worker’s statements are
corroborated by surrounding circumstances. Duncan v.
Hardware Mutual Casualty Company, 275 So.2d 462, 463
(La.App. 1973). Moreover, the occurrence of injuries
resulting from accidents to which there are no eye-witnesses
does not prevent fair inferences from being drawn and
findings of facts from being made. Bohan v. Lord & Keenan,
Inc., 98 N.H. 144, 95 A.2d 786, 788 (1953).
Ikenberry v. State ex rel. Wyo. Workers’ Comp. Div. (In re Ikenberry), 5 P.3d 799, 803
(Wyo. 2000); see also Seherr-Thoss v. Teton Cty. Bd. of Cty. Comm’rs, 2014 WY 82,
¶ 15, 329 P.3d 936, 944 (Wyo. 2014) (“An individual’s testimony alone is sufficient to
carry the individual’s burden if there is nothing to impeach or discredit the individual’s
testimony and the individual’s statements are corroborated by surrounding
circumstances.”).
[¶33] The Hearing Examiner found Mr. Pittman’s testimony to be “compelling,”
however she noted that the theory advanced by Mr. Jensen was not supported by the
circumstances and his testimony did not establish causation. She observed that Mr.
Pittman “did not mention any statements Jensen made . . . that his foot had rolled off the
pedal.” It was this lack of evidence of Mr. Jensen’s foot rolling off the pedal that led the
OAH to conclude that the foot rolling was a theory developed later in the case. The OAH
13
rejected Mr. Jensen’s testimony that his foot rolled off the pedal due to a lack of prior
complaints about his foot while seated and because there was no evidence that he “told
anyone at the time or within the month after the accident that his foot had slipped off the
pedal.” While the record is replete with uncontested evidence that Mr. Jensen
complained of weakness, intoeing, and foot rolling in the months prior to the accident,
and his doctor also noted his foot’s tendency to rotate inward while he was in a seated
position, we cannot say that the hearing examiner’s conclusion that Mr. Jensen did not
meet his burden of proving a causal connection between the automobile accident and his
prior work-related accident was unreasonable and not supported by substantial evidence.1
[¶34] Evidentiary findings are not supported by substantial evidence when they are
“contrary to the overwhelming weight of the evidence in the record as a whole.” Dale,
2008 WY 84, ¶ 22, 188 P.3d at 561 (citations omitted). “If, in the course of its decision
making process, the agency disregards certain evidence and explains its reasons for doing
so based upon determinations of credibility or other factors contained in the record, its
decision will be sustainable under the substantial evidence test.” Id. at ¶ 22, 188 P.3d at
561. Here, the OAH provided its reasons for rejecting the testimony of Mr. Jensen that
his foot had slipped off the pedal. We find that the OAH could reasonably have
concluded that Mr. Jensen did not meet his burden of proving by a preponderance of the
evidence that his accident was causally connected to his original work-related hip injury.
CONCLUSION
[¶35] The OAH properly applied the second compensable injury rule in this case. The
OAH also reasonably concluded, based upon all of the evidence in the record, that Mr.
Jensen had not established by a preponderance of the evidence that his automobile
accident was causally connected to his original work-related injury. Affirmed.
1
In addition, Dr. Carter, the emergency room physician who treated Mr. Jensen, testified that Mr. Jensen
did not tell him that his foot rolled off the gas pedal. Dr. Carter’s emergency room report indicates that
“[Mr. Jensen] reports that he thinks his truck blew a tire . . . .” Dr. Carter also noted in his report that Mr.
Jensen had a GLASCOW score of 15, suggesting that he was alert, talking, and fairly coherent at the time
he spoke with Dr. Carter. Dr. Tallerico also treated Mr. Jensen in the emergency room, and in his chart
noted that “[u]nfortunately [Mr. Jensen] was involved in a severe motor vehicle accident earlier today
when he lost control of his car supposedly while he dozed off . . . .” This evidence contradicts the
testimony of Mr. Jensen and other witnesses as to the cause of the accident.
14
|
1. Field of the Invention
The present invention relates to a receiver for receiving navigation messages such as satellite time data, satellite orbit data, etc. from artificial satellites in a global positioning system to determine the position of a user of the global positioning system.
2. Description of the Prior Art
There are known global positioning systems (GPS) for determining the position of a user based on navigation messages from a plurality of artificial satellites orbiting around the earth.
Each of the artificial satellites transmits a signal which is produced by spectrally spreading a navigation message with pseudo random noise (having a chip frequency of 1.023 MHz) and modulating a carrier (having a frequency of 1,575.42 MHz or 1227.6 MHz) with the spectrally spread signal by way of phase-shift keying (PSK).
Since the artificial satellites employ pseudo random noise of different code patterns, a GPS receiver can separately receive the navigation messages from the respective artificial satellites by using pseudo random noise of corresponding code patterns.
A process of determining the position (xu, yu, zu) of a user based on navigation messages from four artificial satellites will be described below.
As well known in the art, the navigation message from each artificial satellite contains satellite time data, satellite orbit data, etc. Each artificial satellite keeps a GPS time scale which is atomic time. The GPS time scale is started from 0 o'clock, coordinated universal time (UTC), Jan. 6, 1980 as 0 o'clock, GPS time, Jan. 6, 1980.
As shown in FIG. 1 of the accompanying drawings, the time bases according to the time data contained in the navigation messages from the respective artificial satellites are indicated by SV1, SV2, SV3, SV4, respectively, and the time base according to the time data of the user is indicated by SVu. When the data from the artificial satellites are received by the user at a time tu, these data have been transmitted from the respective artificial satellites at times t1, t2, t3, t4, respectively.
Therefore, distances r1, r2, r3, r4 from the user position (xu, yu, zu) to the respective positions (xi, yi, zi) (i=1, 2, 3, 4) of the artificial satellites are represented by: EQU r1=C.times.(tu-t1), EQU r2=C.times.(tu-t2), EQU r3=C.times.(tu-t3), EQU r4=C.times.(tu-t4) (1)
where C is the speed of light.
From the above equations (1), there are derived four equations (2) given below. The positions (xi, yi, zi) (i=1, 2, 3, 4) of the artificial satellites are calculated based on the orbit data contained in the navigation messages from the respective artificial satellites. ##EQU1##
By solving the simultaneous linear equations (2), the user position (xu, yu, zu) can be determined. Since the equations (2) can be calculated with the time tu being unknown, the receiver of the user is not required to have an expensive atomic clock.
The format of the navigation messages from the artificial satellites will be described below with reference to FIGS. 2A, 2B, 2C and 3A, 3B, 3C of the accompanying drawings.
The navigation messages have a bit rate of 50 bps, and have main frames each composed of 1,500 bits. Therefore, it takes 30 seconds to transmit one main frame. Each main frame is divided into five subframes each composed of 300 bits. Therefore, one subframe can be transmitted in 6 seconds.
Each of the subframes includes an 8-bit preamble (synchronizing signal) at its starting end that is followed by a 17-bit subframe number TOWC (Time Of Week Count) which indicates the number of subframes counted from the start of the week. In the subframe 1, the TOWC is followed by a 10-bit WN (Week Number). FIG. 2A shows the first main frame of the first week starting from 0 o'clock, Jan. 6, 1980. FIG. 2B shows first four main frames of the nth week.
As show in FIG. 2C, each subframe is principally composed of 10 words each of 30 bits. It takes 600 msec. to transmit one word. 8 bits at the starting end of the word 1 serve as a preamble, and 17 bits at the starting end of the word 2 serve as TOWC. Each of the words 1 through 10 contains 6 error-correcting parity bits at its terminal end. The parity bits in each word are added for the error correction of the remaining 24 bits of the word and also the last 2 bits of the preceding word.
Since a navigation message has a bit rate of 50 bps, as described above, its bit period is 20 msec. as shown in FIG. 3B. FIG. 3A shows a subframe. The navigation messages of the above format are spectrally spread with pseudo random noise (see FIG. 3C) whose chip frequency is 1.023 MHz. The pseudo random noise has a code length (repetition period) of 1 msec., and the code lengths corresponding to 20 periods are equal to one bit of the navigation message. The period of one chip is approximately 1 .mu.sec.
The GPS receiver which receives the above navigation messages from the artificial satellites calculates the times t1, t2, t3, t4 on the respective time bases SV1, SV2, SV3, SV4 according to the following equation (3): ##EQU2## where i=1.about.4.
In the equation (3), the number of words counted is used as a word number WORDi, which is reset to 0 at the starting end of each subframe.
The number of bits counted is used as a bit number BITi, which is reset to 0 at the starting end of each word.
The number of repetition periods counted of the pseudo random noise used in reverse spreading is used as SEQi, which is reset to 0 at the starting end of each bit.
The number of chips counted is used as CHIPi, which is reset to 0 at the starting end of the repetition period of the pseudo random noise.
In the case where the GPS receiver is installed on an automobile, it tends to be brought out of synchronism with the pseudo random noise from the satellites when signals from the satellites are blocked by buildings, standing trees, or other obstacles. When the GPS receiver is out of synchronism with the pseudo random noise from the satellites, since the parameters TOWi, WORDi, BITi, etc. in the equation (3) cannot be determined, the user position (xu, yu, zu) cannot be calculated.
When the GPS receiver is brought out of synchronism with the pseudo random noise from the satellites, therefore, it is necessary to effect a synchronization process to determine the parameters TOWi, WORDi, BITi, etc. in the equation (3).
Whether the GPS receiver is brought out of synchronism or not can be determined by the magnitude of the level of a correlation output signal that is produced by spectrally reverse-spreading the received signals.
The conventional synchronization process is carried out as follows:
It is known that when the magnitude of the level of a correlation output signal that is produced by spectrally reverse-spreading the received signals exceeds a predetermined value, it is determined that the GPS receiver is in synchronism with the pseudo random noise from the satellites, and a bit synchronization process is effected on the basis of a bit stream that is produced by demodulating the output by way of PSK.
However, if it is determined that the receiver is not in synchronization with the pseudo random noise, it must be brought into synchronization. In order to synchronize the GPS receiver with the pseudo random noise, the phase of the pseudo random noise which is multiplied by the signals from the satellites by the spectral reverse spreading is adjusted. The time consumed after the GPS receiver is synchronized with the pseudo random noise until the bit synchronization process is completed is about 20 msec. because the bit period is 20 msec.
Once the bit synchronization is completed, CHIPi is determined from the count of chips of the pseudo random noise, and SEQi is determined from the count of repetition periods of the pseudo random noise with bit edges as a reference.
Then, a preamble is detected from a navigation message (bit stream). Since an 8-bit preamble is positioned at the starting end of each subframe, when a preamble is detected, WORDi and BITi are determined.
The time spent after the bit synchronization is determined until a preamble is detected is at least 6 seconds because the subframe period is 6 seconds.
Thereafter, TOWC is detected from a navigation message, determining TOWi. While the preamble is positioned at the starting end of the word 1, TOWC is positioned at the starting end of the word 2 with the word period being 600 msec. The time spent after the preamble is detected until TOWC is detected is about 600 msec.
Then, WN is detected from a navigation message. Inasmuch as WN is included in every 5 subframes, the time spent after TOWC is detected until WN is detected is at most 30 seconds. WN remains unchanged within the week, and hence the detection of WN is not required for the determination of WNi within the week.
Therefore, when the GPS receiver is brought out of synchronism with the pseudo random noise from the satellites, the parameters TOWi, WORDi, BITi, etc. can be determined by the above synchronization process, and the times ti (i=1.about.4) can be calculated, so that the user position (xu, yu, zu) can be determined.
The disadvantages with the above synchronization process, however, are that as long as 6 seconds may be required until a preamble is detected after the synchronization is detected, and about 600 msec. are additionally required until TOWC is detected.
In other words, in order to determine the parameters TOWi, WORDi, BITi, etc., as much as a little over 6 seconds are required after the synchronization is achieved. It is thus impossible to determine the user position, i.e., the position of the GPS receiver, before the elapse of those 6 seconds. |
Technological aspects as the main impact on quality of quince liquors.
Phytochemical profiles of 24 quince liquors were studied as the combination of technologically variant. Liquors were obtained after macerating quinces from three varieties (Vranja, ALM3 and ZM2), with or without skin, at two ratios of quince:ethanol (50:50 and 25:75), and at two alcohol content (60% and 30%). Polyphenols were identified by LC-PDA-QTOF/MS and quantified by UPLC-PDA and UPLC-FL. A total of 18 polyphenolic compounds were identified and classified as 5 flavan-3-ols, 5 phenolic acids, and 8 flavonols. Flavan-3-ols were the most abundant group followed by hydroxycinnamates and flavonols. The highest contents of total polyphenols (∼1,000 mg/100mL) and antioxidant activity (37.1 mmol Trolox/100mL) were found in the liquors prepared using fruits with skin and 50:50 quince:ethanol ratio. The skin of quinces was the main source of phenolic acids and especially flavonols. The high antioxidant activity and polyphenolic content of quince liquor may be deemed as a promising new alcoholic beverage. |
Fleeing from police at 157 MPH, a 19-year-old Yamaha R1 rider lost control in a gradual curve. The bike's dead. The rider? Amazingly, he survived... to face Aggravated DUI, Reckless Driving and Criminal Speed charges when he's released from hospital. |
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Nistor Grozavu
Nistor Grozavu (born 22 August 1959, Crasna) is a Moldovan politician.
Biography
Nistor Grozavu is a Moldovan architect, politician and he is the deputy-mayor of Chișinău (the capital of the Republic of Moldova).
Nistor Grozavu's candidature was issued by the general mayor of Chișinău, Dorin Chirtoacă and was supported by the absolute majority of the elected councillors. Nistor Grozavu is an architect according to his profession. He was the councillor of the general mayor so far and the dean of the Faculty of Architecture and Urbanism of the Technical University of Moldova.
Nistor Grozavu was elected deputy of the Moldovan parliament in the 5 April 2009 parliamentary elections on the Liberal Party list.
External links
Biografie
Category:1959 births
Category:Living people
Category:Liberal Party (Moldova) politicians
Category:Liberal Party (Moldova) MPs
Category:Moldovan MPs 2009
Category:Moldovan architects |
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