MLCommons/peoples_speech_v1.0 huggingface dataset:
district court was presented with this petition it wasn't a purely an exhaustive petition that would be the only way the government could get around this is to say well even if the district court thought that it had an opposite mandatory obligation and that thought was incorrect at least the petition itself  exhaust before he can continue with his hades petition however it's clear that the district court thought it was under a mandatory obligation to dismiss the petition because of the existence of this state petition now i'm  here to disparage the district court i mean going through mr clinton's final findings is not the easiest thing in the world and i can imagine a lot of reasons why district court might look at this and say this thing just doesn't belong in federal court however given the strict limits of a da of losing his claims under the statute of limitations and he was not under any appreciable risk either because you presented the petition even before the one year statute of limitations had even begun to run and in the end even after the state court dismissed issue he still had more than five months remaining to come back to file a federal petition that may be but isn't quite clear that the district court in this case pre rhyme understood thought it was mandatory and not there's a different rubric now so why isn't it appropriate to kick it back let you make these arguments to the district court well i don't think i don't think ryan's is is that closely on point enough to undermine unreasonably cutting off the petitioners time to file rinds referred to the the interest and not unreasonably impairing the petition is right to obtain federal he was released but here at the petitioner had one year he made no requests for the stay so there it doesn't say a rule that the be a thirty day limit on the return from state court but it seems too to cite that with approval and here even after the state court denied the stay petition in june of two thousand and five rise we've had almost five months to come back to state court so i don't think any of the any of the interests that winds talks about are really implicated here indeed in so far as ryan's talks about the predicament of a petition who doesn't know when the federal court is going to rule on the petition and so it is time may be frittered away if the federal court waits too long i mean here he filed the petition on october the twelfth the federal judge ruled on the petition and dismissed  october the twentieth so there really the concerns i think that prompted the rinds opinion never came to fruition here because the federal judge gave him the ultimate ruling on the petition probably even earlier than he would have in terms of whether or not this petition or was incompetent the state judge made a ruling that he was competent that ruling is factual determination that
reason it's because the great american boy is hard at work inventing creating building something the energy that is forever behind both the competitive sports of youth and the desire to build and create new things is the energy that develops industrious dependable citizens of tomorrow every spring in thousands of that excess garages and basements throughout the country thousands of young americans set to work building their entries for the all american soap box derby the all american is the greatest amateur sporting event in the world because it come binds both the ingenuity and creative spirit of young america with the natural racing and sporting instincts boys of all ages every boy everywhere but tween the ages of nine and fifteen is eligible for this great race sponsored jointly by the leading newspapers and america's leading manufacturer of automobiles represents many long hard hours of thought and building in every one can be seen the inventive and creative ingenuity of our american boys each entry gets his car waitin and an official sticker shows that the car is been checked by the technical committee and complies with all the rules the medals and trophies awards and other prizes to share the limelight there are two hundred forty nine of them in all and here are a hundred and sixteen all american boys that have won their local derbies and come to akron to compete for the coveted title all american soapbox derby champion for nineteen thirty six a few of the champions are taking time out for a sightseeing tour of the city but most of them are going direct to the track too excited to t looks like we got out of that one just in time i guess we'd better stick to the sideline wire pictures too for the newspapers or news radio very hard while bill cummings they most race drivers officiate at the finish line here goes another he look at the body english not start but then everything's fine as long as he u first all worn in the all american soap box derby a four year scholarship in any state university and now to harold hanson on white plains new york herald i have a letter here which entitles you to get your new car as  just this one race received a third place trophy for the international event but even now the other boys are working up plans for the nineteen thirty seven and perhaps a complete change in this time maybe more
process for those two reasons alone the correct claim construction and the absence of any grounds alleging on patent built under that correct claim construction reversal is required here now as you can tell from my brief there's a i just want to be clear on that thank you thank you counsel this is judged all i have a question for you to i just want to i want to know exactly what it is you challenge with respect to the board construction is it fair to say that your complaint focuses on whether it's unified shader must perform texture address shading that's it exactly right ok and so your appeal really is limited to that issue well in terms of that construction i mean in looking at that one plane term that's really what we should be focusing on is that question is does that plane term require texture address shrewd shading what the correct claim construction analysis should be in the law that it needs require so the role of the same page is whether it's the broadest reasonable interpretation or whether it's the philips standard it doesn't matter if the patentee specially defines a plane term that share to get from the rasterize or is going to cycle through this unified shader a number of times and is talking about indirection levels here interaction level of zero means that the tester address hasn't gone through and then shaded yet hasn't gone through this loop but it goes on to say if that if the interaction level is one that means it's no longer the texture address that was received from the rest arise unified shooter is using it's the texture address as modified in loop one and then if it moves through again the texture address is even further removed from that initiative in this initial texture address that was for used me in his declaration for example but also in this testimony his the his declaration at appendix five thousand two hundred and six paragraph thirty eight he's talking about the fact that unified shader does have an ordinary meaning but then he goes on to say quote the five hundred and six patent however clearly says clearly does not use the term in this way it's not using it in its ordinary meaning and he goes on to say clearly it instead quote gives the term a definition unique to they admit the texture attache thing of the special definition here but it's somehow not proper to use it we didn't hear anything from arm about texture address cheating being alleged in any of the grounds in the petitions you didn't hear that because they didn't shading a completely different concept which is what they argue in that petition the unified shooter does is text your average is missing from the petition because it's missing from the petition the board could are there any questions your
everyone can see you want to bring i think we should have lots of copies made and given to everyone in the grass alright i'll make a bunch of them now who's going to the picnic why everyone in the class i suppose oh now wait a minute wait not them i'm going to go get him right now let's call you know i'm going no no wait a minute let me tell you something if we are go after check now he won't have to break up the pigmy he'll up that his son just saying fire crackers when the bus stops never gets out and comes running to see if the noise is a rescue guy jump in the bus may call for the food then run over there in the woods and watch a fun this ought to be pretty good all right now let's get to work less came now remember what we said if you did come it's up to chick if you want to be like one of us all right if not yes take it up to you can you be satisfied just to have fun with the rest of them are you really so brave or are you the one who is afraid have you learned anything from the way the classes treated you and you members of the
the great automobile factories and the grounds encircling them are never empty like mighty reservoirs they feed the streams of cars along the highway a million families called for motor car the work of men who make them is always in demand america has a ready first and gives eager examples and still but the men of motors have built and built well fine materials soundly assemble and while restless and never satisfied or rise and fall the new automobiles dream from the back spreading pleasure and speeding business all across the country the destination everywhere and now a stream of pay cash flows to all the men were building a million cars for the boulevards and highways of america tens of thousands of men on one single payroll have money for themselves and for their families to spend money to spend for wholesome foods or good clothes money for comforts and conveniences fresh buying power floods into all the stores of every community new trade and new comers have been created by the overflow of purses and beyond the marketplaces new wealth flourishes and new prosperity gro greater than history has ever know
the fact that i was not present was that outside he was present he was there you weren't i was that outside his presence all he needed to know was that you weren't there he didn't need to know what you were doing  a different question the question we're focusing on right now is is there statutory authority and seized me the answer is pretty clearly yes if you accept the proposition that not being in court when you're supposed to be in court is something in the hold me in contempt and that's different then a sanction the judge had absolute state statutory authority to sanctioning something different than what is in each two and six thirty six easy to contempt authority summary criminal contempt authority appeals the feel of any or other order of contents issued under this section and i would argue that this type of content summary content outside the presence of the judge is not in this section that's that would i would i would argue it's not contemplated by the section if you take my argument that now the court is outside the presence of the judge because they can't tend is actually ordered outside the presence of  that's orders outside the presence of the judge in that case and i'm saying it wouldn't be under six b which which speaks of i do the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge for some one part of these act if the magistrate judge is acting under the consent authority and the other part is everything else and this would be part of the everything else which suggests that the appeal should go to the district court in the first water in my case was issued a summary order issued was issued and that case there was a hearing there was notice there was an order to show cause in my case there was no hearing there was no notice didn't have jurisdiction because my pill had already been filed if this was a summary if this was that type of a it was a summary contempt outside the presence of the judge where i was afforded no notice or no hearing
work in the office there are many kinds of doors all doors cannot be seen there is a door to knowledge that we call study there is a door to a skill which we have labelled practice and a doctor character we call this there is another door we cannot see one which is just as real it is some say the door to heaven is good some say the door to heaven is good character the say the door to heaven is church membership and then there are poles who insist that self righteousness is the door to have many are indifferent to the life beyond and pay no attention to heaven's door some progress today meaning to enter heaven store some one thing cannot be concerned none of us would build a home with special doors for each member of the family we all use the same door and of course we know that the door which is large enough for the biggest one of the family large enough for the smallest to so it is with h heaven's door is open to all without money and without price but just because we pay nothing to enter does not mean that no price was paid oftentimes great free admission to the public in spite of the fact that they have been built at pressure some doors are open only certain hours of the day heavens door is open at all times night and day but despite it makes all the difference in the world which side of the door we are on the inside or the outside those who have chosen to enter heaven's door can never come under the wrath of god but men cannot take their riches with them all disappointment to will be gone forever all worry will be left behind there is only one thing we can take with us through that door those whom we have i am the door by me if any man
understand when there's a bunch of different evidence or so who started this is where it seems like your your position and it's really problematic in that it sounds like the logical result of it is when ever the r o or the poor reject a particular piece of evidence
are rarely seen although there from throughout most of the united states they usually hunt therapy under cover of night it's highly sense of ears can hear the movements of a field mouse far away the wing feathers of an owl have a soft fringe such wings make no noise in flight always hungry when i have grown so young still have the downy white coat but later when brothers appear and also the hint bettors here is the entire brood of seven again a few days later when six to eight weeks old barn all young are ready to leave the nest the great horned owl is found in all parts of the north and south america the year round the snow we all is quite except for dark markings young turkey vulture has a white coat of down which is later replaced by black feathers during summer turkey vultures are found throughout most of the united dates but they move southward in winter the black voter is found only in the southeastern united states and southward the black vote you're also less throughout the united states and canada but many migrate the southern united states and those far south of central america in winter hawk usually nests among the reeds in marshes throughout the northern and western parts of the united states and north to the arctic circle the winter home extends from the united states to south america during the nesting season the parents are busy providing food marsh hawks live almost entirely on field mice the mother holds the mouse in her claws and whether beak tears the flesh the rough legged hawk winter is almost entirely within the boundaries of the united states but in summer migrates northward the nest in canada hawk eat hawk tailed hawk is found in all parts of the united states preys largely on small animals including snakes and  two months after hatching these young red tails are nearly full grown and they are learning to fly
to the high salt content of this briny or its waters are seven times heavier than the atlantic or pacific and contain over twenty two percent soft so salty that three quarts of its water will boil down to one four to find your saw its mores architecture lures thousands of visitors offering pleasure and recreational bridge dancing on the largest open air floor in the world and easy access to the great salt lake by way of the salt is an industry in utah and the major companies work the year round the supplying the demands of the world for this table necessity utah highways are places your way and this time lead us to ogham second largest city in the state new pines you dam and a reservoir in ogden canyon does its part in creating expansive farms an orchard and even the canyon itself  sheep raising is a major utah industry yielding more than twenty million dollars annually leaving ogden western terminus of the rio grande a railroad we are thrilled again with the prospect of going places this time to the throne of a d the west a tribute to the foresight and wisdom of its founder brigham young one could go on almost forever wandering through these friendly grounds replete with symbols of mormon history no story ever told is so utterly amazing and dramatic as that miracle of eighteen forty eight which prompted this memorial to see go the only monument ever erected to bird life in america picture if you can pioneers rejoicing over the so a column is erected in remembrance of the mercy of god to the mormon pioneer centrally located on bronze statues of joseph smith the problem and his brother higher up it is related that as a boy joseph smith a vision and as a result founded the mormon religion in favor of new york in april eighteenth thirty as heber j grant seventh president of the church of jesus christ of the latter day saints i am delighted always this is the place the lord's house has been built here a desert has been redeemed people of many nations are gathered here i was born and raised in this valley and was a passenger our father to go to fully appreciate salt lake city and understand its unique historical background requires far more time than the few brief hours we have enjoyed ours amongst people friendly and
know i'm not standing near a line it's a secret and the last time i told you one you told your mother and your mother told me that you told her the secret i told you not to tell me i mean what difference does it make who can go to the beach tomorrow and that's final i can't tell you why i haven't been demoted i'm still a general like i told you what honey it's bicycle i don't care how she's built i don't care about anybody but you know that it's just a lovely sailing for why you tonight i said w i'd sure like to be there with you over the fishing is good and you're catching some big ones must be pretty cold at night so say when you're wrapped up in that old navajo blanket about ten thirty tonight and your sister they had a front of a big blazing fire i hope you'll remember those balmy nights we stand on the beach in hawaii  reason military personnel and so they are going to employees must not discuss military instructions plans operations movements composition or the location of casualty morale  commercial firms engaged in projects for the war department home or share this responsibility in com the proper way to deal with the situation is to report the matter to the commanding officer without delay he will take whatever steps are necessary under no circumstances must a soldier appoint himself a one man police  all members of the military service must know that those who seek to impress others with their importance by giving on necessary information and those who feel they must tell their friends and families all they know may be a m country in the lives of their comm great as it is personal tragedy is not the full cost of a careless word a slip of the tongue may mean the difference between victory and defeat a person charged with safeguarding secret or confidential matter will exercise every precaution to prevent on authorized persons from learning of its existence its whereabouts or contact he will disclose the information only to those who do these absolutely require that they have such
behind the desks behind the drawing boards behind the benches on the assembly line american industries making the greatest production of it in history to supply around with ever increasing but it is of the weapons of  soldier to soldier fighting men can make anything the active sense against them and working for work or american industries determined to make the axes challenge in the production plant management and labor alike labor permits the nazis exercise complete control over who works and who starts labor restrictions and that is a great working man because they know that free labor working in starvation justice nazis just this was once the heart of rotterdam's business section
this is one where all three of us have studied the briefs and the record and all three of us are leading toward the view that you don't give her speech there's no jurisdiction you feel i  where he may have a defense under that's based on his first amendment right to free speech that he is entitled to appeal the night of this motion to dismiss the indictment without waiting for a conviction again obviously people under like an easy one to answer remedy is you get your conviction set aside on appeal and if the gov prosecution was frivolous you can even get attorney's fees now under the item and well even if we could have done anything beforehand which i don't think we could have there's no point doing it now because it's going to be an appeal and trials are well good point you would be going one other panels more from me that's true