pet. denied).  It is defined
as the Ameasure
or degree of proof that will produce in the mind of the trier of fact a firm
belief or conviction as to the truth of the allegations sought to be
established.@
Tex. Fam. Code Ann. '
101.007.

The higher burden of proof in termination cases
elevates the appellate standard of legal sufficiency review.  J.F.C., 96 S.W.3d at 265.  The traditional no‑evidence standard
does not adequately protect the parent=s
constitutional interests.  Id.  In reviewing the evidence for legal
sufficiency in parental termination cases, we must determine whether the
evidence is such that a fact-finder could reasonably form a firm belief or
conviction that the grounds for termination were proven.  Id. at 265‑66.  We must review all the evidence in the light
most favorable to the finding and judgment.
Id. at 266.  This means
that we must assumechild=s
emotional and physical health as intentional abuse.  In re W.J.H., 111 S.W.3d 707, 715
(Tex. App.CFort Worth 2003, pet.
denied).  If a parent abuses or neglects
the other parent or children, that conduct can be used to support a finding of
endangerment even against a child who was not yet born at the time of the
conduct.  Id. at 716; see also
In re S.P., 168 S.W.3d 197, 202-04 (Tex. App.CDallas 2005,
no pet.) (taking child from hospital before mother could take child home did
not preclude finding of endangerment); In re D.T., 34 S.W.3d 625, 636‑37
(Tex. App.CFort Worth 2000, pet. denied)
(stating that evidence of conduct before child is born, as well as evidence as
to how a parent has treated another child or spouse, is relevant regarding
whether a course of conduct under section 161.001(1)(E) has been
established).


baby, with the Ambien.  The trial judge could have also reasonably
concluded that Robin was suicidal, from this testimony and Robin=s own
admission that she suffers from severe depression and has attempted suicide
before.

E.A.W.S. also appears to have some special needs,
and was described as a Ahigh-demand@ child
even at eleven months old.[44]  At the time of trial, the evidence showed
that Robin continued to have trouble coping with her own emotional problems and
controlling her aggressive tendencies.
The other individuals seeking custody of
E.A.W.S., E.A.W.S.=s paternal aunt Victoria and her
husband, have raised three children to adulthood.  Quam, the CASA worker appointed to E.A.W.S.=s case,
testified that Victoria and her husband would best serve E.A.W.S.=s best
interests because of their experience, maturity, and Aability
to calmly figure out what is best.@[45]  Victoria and her husband plan to adopt
E.A.W.S.

Based on thereviewed by the trial court.  See id.  Although the certificate of paternity
registry search conducted on November 1, 2005, shows that David had not filed a
notice of intent to claim paternity for E.A.W.S., the record indicates that
David=s
identity was known to CPS and that CPS contacted him on January 21, 2005, after
E.A.W.S.=s
birth.  The record indicates that he was
served with the original petition on March 25, 2005, at the same address listed
on his affidavit submitted on the day of the termination trial.[50]  Therefore we conclude that section
161.002(b)(2) cannot apply to terminate David=s
parental rights, because his identity was known, and he had been located.  Tex.
Fam. Code Ann. ' 161.002(b)(2); see K.W.,
138 S.W.3d at 431.
b.  Sufficiency Of The Evidence
Under Section 161.001(1)(N)
The court cited section 161.001(1)(N) as an
additional ground for terminating David=s
parental rights.  Section


Campbell, was asked,
Q:     Do
you also believe that it=s in this child=s best interest that if
there are any parental rights in place between her and David [W.], that those
parental rights should be terminated?

A:     Yes.
When asked if it was her understanding that David was in agreement
with that, she answered affirmatively.

Robin is the only parent listed on either of CPS=s
service plans, even though CPS was able to make contact with David and he
indicated his interest in E.A.W.S. upon that contact.  Cf. D.S.A., 113 S.W.3d at 570;
K.M.B., 91 S.W.3d at 25; B.S.T., 977 S.W.2d at 486.  While there is no evidence in the record that
David made any attempts to visit E.A.W.S. or to arrange visitation, there is
also no evidence that he failed to make any such attempts.  There is a completeon appeal as a result of section 263.405(i)=s
application, and because we have determined that the termination of his
parental rights must be reversed on other grounds, we will not address this
constitutional challenge.  See Tex. R. App. P. 47.1.

CONCLUSION

Having overruled Robin=s
points, we affirm the termination of her parental rights to E.A.W.S.  We reverse the trial court=s
judgment terminating David=s
parental rights to E.A.W.S. and render judgment in his favor.  We affirm the remainder of the trial court=s
judgment.[55]

DIXON
W. HOLMAN
JUSTICE
PANEL A:  LIVINGSTON, HOLMAN,
and WALKER, JJ.
DELIVERED:  December 7, 2006

[1]See Tex. R. App. P. 47.4.

[2]To protect the privacy of the parties involved in this
appeal, we identify the child by initials only and the Appellants by first name
only.  See Tex. Fam. Code Ann. ' 109.002(d) (Vernon 2002).

[3]Robin=s doctor prescribed Ambien for her.

[4]Victoria saw Robin at least once


of Intent To Claim Paternity has been
located concerning the child the subject of this suit.@  See Tex.
Fam. Code Ann. ' 161.002(b) (2)(A)‑(B) (Vernon 2002).

[16]Most of this testimony consisted of Victoria=s
statements about David=s concerns about Robin and E.A.W.S.  There is no testimony about how frequently
she was in contact with him.

[17]Victoria testified that David has spent time in
prison, has attention deficit/hyperactivity disorder, and would not be able to
properly parent E.A.W.S.  She testified
that A[h]e=s 43 years old, and he=s never parented anything.@

[18]The State had also filed a motion for a finding of
aggravated circumstances, under Texas Family Code section 262.2015(b)(6)(D),
based on Robin=s 2001 conviction.
A hearing on that motion was set for November 8, 2005.  Section 262.2015(b)(6)(D) addresses the
felony assault of the child or another child of the parent that resulted in
serious bodilyA case of rosiglitazone exposure in the second trimester of pregnancy.
Data about rosiglitazone use in pregnancy is limited. We aimed to present a pregnant woman who exposed to rosiglitazone in the second trimester and the fetal outcome. The case was a 42-year-old, multigravid Caucasian woman with a history of diabetes mellitus type II for 4 years prior to her current pregnancy. Her diabetes was managed by diet and exercise and she has not received any drug therapy until the 13th week of her sixth (present) and unplanned pregnancy. The case was exposed to rosiglitazone (4 mg/day) between 13th and 17th gestational weeks. After the diagnosis of pregnancy at the 17th week, rosiglitazone was stopped and insulin therapy was started. At the 37th week, she had a healthy male


Bilateral Labyrinthine and Internal Auditory Canal Enhancement in an Infant With Severe Labyrinthine Dysplasia: A Previously Unreported Phenomenon.
To describe a novel case of congenital profound bilateral sensorineural hearing loss in a patient with bilateral nodular internal auditory canal and labyrinthine enhancement and temporal bone dysplasia. A 76-day-old female was referred to the authors' center for evaluation of congenital deafness. Behavioral observations and objective audiometric evaluation demonstrated bilateral profound sensorineural hearing loss and a comprehensive multidisciplinary evaluation identified compound heterozygous pathogenic variants in MYO7A, a gene associated with Usher Syndrome Type 1B or DFNB2. Computed tomography and contrast-enhanced magnetic resonance imaging studies demonstrated bilateral temporal bone anomalies with unique middle and inner ear malformations, as well as unique contrast enhancement in the membranous labyrinth, internal auditory canals, and cranialwas determined to find a substitute for Christianity. Evolution, with its stress on unbroken law—which could be used to reflect messages of social progress—was the perfect candidate. Life is on an upwardly moving escalator … “Indeed, recognizing that a good religion needs a moral message as well as a history and promise of future reward, Huxley increasingly turned from Darwin (who was not very good at providing these things) toward another English evolutionist. Herbert Spencer—prolific writer and immensely popular philosopher to the masses—shared Huxley’s vision of evolution as a kind of metaphysics rather than a straight science … “Evolution now has its mystical visionary, its Saint John of the Cross. Harvard entomologist and sociobiologist Edward O. Wilson tells us that we now have an ‘alternative mythology’ to defeat


to have a theory that cannot possibly be proved wrong.”27

Another supposed basis for ethics is that “an action is unethical/immoral if it causes harm to others.” Thus, it is the nature of the consequence caused by the action that determines whether an action is ethical or unethical. The fundamental problem with this definition of ethical behavior is that an action ceases to be unethical if no adverse consequences are experienced. As such, nothing is inherently wrong; an action is only wrong if it causes harm to another.

Consider the example of adulterous behavior: under the “do no harm” definition of ethical behavior, adultery is wrong because it harms the other party in the marriage (i.e., the faithful spouse). This harm can include mental anguish, the spread of disease toeternal, each of whom is distinct and yet, each of whom are the one God; one coeternal, coexisting, coequal being consisting of three “persons”. The God of the Bible has been referred to as “one what and three who’s”.45 This God is not alone in eternity and yet is not in relation to separate eternal beings. Since each member of the Trinity is eternal, each has enjoyed eternal relationships. This God is not lacking in relationship. God enjoys a relationship that is both unified in purpose and diverse amongst the persons.46

Thus, is something good because God proclaims it to be good or, does God proclaim something to be good, because it is good? Ethics is based upon the Triune God’s nature. God’s nature is relational and benevolent. This


redeeming evil, God can abolish evil.

Atheism not only does nothing about evil; atheism actually makes evil even worse. Atheism guarantees that evil is for nothing, it has no greater purpose or meaning; it guarantees no redemption of evil.

However, it is inaccurate to state that atheism guarantees that evil is for nothing and has no greater purpose or meaning. This is because in the absolute materialism that atheism implies, evil is very purposeful in that it benefits the evildoer. The evildoer commits evil acts, and as long as they are not caught they evade the judicial systems of this world and simply get away with it, the victim suffers and may suffer for decades while the evildoer enjoyed committing evil deeds.

Also it is inaccurate to state that atheism doesair’.”48

Do not think that this means that Richard Dawkins has no absolute standards by which to determine what is evil. He has stated, “What’s to prevent us from saying Hitler wasn’t right? I mean, that is a genuinely difficult question.”48 Yet, he has made a definitive statement about what he sees as absolutely evil, “It is evil to describe a child as a Muslim child or a Christian child. I think labelling children is child abuse and I think there is a very heavy issue”49 (more on this below in the Religion as Child Abuse section).

Back to the atheists’ Euthyphro Dilemma; the question is whether something is good merely because the atheist proclaims it to be good. Or is there is something up, above, beyond and separate from


and fallacious.53

Atheism’s pure motives?

The twin fallacy to the “Theism’s Reward and Punishment” claim is the claim that, sans divine reward and punishment, only atheists have pure motives for morality, or “doing good”, since they are doing so merely for its own sake. This was the assertion behind the American Humanist Association’s bus ad campaign which stated, “Why believe in God? Be good for goodness’ sake.”

Yet, just as with any twins this fallacy shares its sister’s unfounded presuppositions:

It is presupposing to know the atheist’s minds and/or discerning their motivations.

But what else could be motivating the atheist? Surely it is pure goodness? Perhaps.

However, that would be a utopian and unskeptical, narrow view. The atheist could be motivated by multitudinous impure factors, such as those which I already noted in theatheist, Christopher Hitchens, like others, asks the philosophically naïve question, “Who created the Creator?” The answer is in Sunday School 101.

Christopher Hitchens (in God Is Not Great) wrote, “who designed the designer or created the creator? Religion and theology have consistently failed to overcome this objection.”

Daniel Dennett (in Darwin’s Dangerous Idea) references Richard Dawkins and declares that it is an “unrebuttable refutation, as devastating today as when Philo used it to trounce Cleanthes in Hume’s Dialogues two centuries earlier.”

And of course, Richard Dawkins (in The God Delusion) quotes Daniel Dennett who is quoting Richard Dawkins and proclaims that Daniel Dennett is correct in approving of Richard Dawkins!

This argument, although very popular and promulgated by atheist scientists and even atheist philosophers, is a premier example of what is generally


temporal regress of events cannot exist

The temporal series of events is a collection formed by successive addition A collection formed by successive addition cannot be an actual infinite Therefore the temporal series of events cannot be an actual infinite

Some things undeniably exist (e.g., I cannot deny my own existence) My nonexistence is possible Whatever has the possibility not to exist is currently caused to exist by another There cannot be an infinite regress of current causes of existence Therefore, a first uncaused cause of my current existence exists This uncaused cause must be infinite, unchanging, all-powerful, all-knowing, and all-perfect This infinitely perfect Being is appropriately called “God” Therefore, God exists This God who exists is identical to the God described in the Christian Scriptures Therefore, the God describedview it becomes sensible to try and understand the world, and this is the fundamental reason science developed as it did in the Middle Ages in Christian Europe, culminating in the brilliant achievements of the seventeenth century.”69

So it is rather ironic today that many connect science with atheism. It is really a Christian enterprise.

Peter Harrison, Andreas Idreos Professor of Science and Religion at the University of Oxford, pointed out:

“It is commonly supposed that when in the early modern period individuals began to look at the world in a different way, they could no longer believe what they read in the Bible. In this book I shall suggest that the reverse is the case: that when in the sixteenth century people began to read the Bible in a different


the outworking of natural laws in rare and unexpected ways. Therefore, they place their “faith” in expecting that in future, science will find material explanations for unexplained miracles (the science of the gaps). Considering this view, one can only wonder how or why any atheist would deny any miracle claim. Why would they not state something to the likes of, “Jesus did, in fact, resurrect from the dead but it was due to a genetic mutation, a coincidental intermingling of natural laws,” etc.?

For more, see: Miracles and science

8.2 Origins

As to the issue of how life began on earth, various theories have been proposed and various experiments have been carried out.

John Horgan, Scientific American’s senior writer from 1986 to 1997, wrote an article that surveyed a multitude of abiogenesis4.9% who were 65 years of age or older.  The median age was 32 years. For every 100 females, there were 99.3 males.  For every 100 females age 18 and over, there were 98.0 males.

Economy
3M has operated a production facility in Cottage Grove since 1947 to manufacture adhesive products, industrial polymers, and reflective road sign materials, and for research and development. PFC production began as a pilot around 1947; full-scale commercial PFOA production began in 1976 and was phased out in 2002. The site is part of the Minnesota Pollution Control Agency Superfund program for perfluorochemical contamination.

Arts and culture

Annual cultural events
Cottage Grove's annual Strawberry Fest draws thousands of residents together to celebrate. This event is held at Kingston Park, usually in the second week of June.


1. Field of Invention
The invention relates generally to the field of fountains and more particularly to split-level live fire and water fountain displays (http://fountainsandfireusa.com).
2. Description of Related Art
Water fountains throughout history and worldwide have captured people's attention. Water fountains generally have a basin for capturing falling water and a pump to raise the water to a stand above the basin. The water is then sprayed or flows from the stand to an outer edge, and cascades down to the basin.
For nighttime display, some fountains have electrically secure lights within the basin, within the stand, or sometimes safely outside the water, to add sparkle or color to the fountain. Other fountains have fire displays walled away from the water or above the water to enhance the enjoyment of nighttimedream is outside of our reach.

If we stop believing in our failed politicians, and start believing in ourselves, then anything is possible.

I’m asking you to Dream Big, to push for Bold Change, and to believe in a movement powered by our love for each other and our love for our country.

That is how we will truly make America Great Again.

~ Donald Trump


environment, strategies need to be implemented to help parents understand how much SV is excessive and how to achieve an appropriate balance of different activities.

Strengths and limitations {#Sec18}
-------------------------

A main strength of the study is the recruitment of a relatively large sample of parents, with a good level of variation in socio-economic position, including 20 fathers, a group that are known to be difficult to engage in research \[[@CR44]\]. As this qualitative research was embedded within a larger cohort study, we were able to utilise parent-reported measures of child SV behaviour from the main quantitative dataset, resulting in a rich and unique dataset that has provided novel insights into how parents perceive their child's level of SV. Moreover, the robustness of the data collection and analysis process has providedenergy is not directly comparable to those noncovalent ligands. The individual terms of MM-PBSA-WSAS binding free energies of other less potent ligands are summarized in [Table S1](http://pubs.acs.org/doi/suppl/10.1021/acs.jcim.0c00179/suppl_file/ci0c00179_si_001.pdf).

###### List of Glide Docking Scores and MM-PBSA-WSAS Binding Free Energies (in kcal/mol) for Potential Inhibitors Binding to SARS-CoV-2 Main Protease[a](#tbl1-fn1){ref-type="table-fn"}

  compound name                                            docking score   Δ*E*~EEL~      Δ*E*~VDW~       Δ*G*~PB~        Δ*G*~SA~      *T*Δ*S*


His41, Met49, Asn142, His164, Met165, Glu166, and Gln189.

4. Discussion {#sec4}
=============

The outbreak of highly infectious diseases such as COVID-19 demands identification of multiple treatment plans as soon as possible. Computational drug repurposing studies can provide treatment options in a short period of time. For this study, amounts of computational time used for individual tasks are as follows. Docking screenings of all 2201 approved drugs with a single CPU core (Intel Xeon CPU E5-2683) took 11 h. For each docking hit, we need to perform *ab initio* calculations to derive point charges. The *ab initio* calculation using wB97XD/6-31G\*//HF/6-31G\* consumed about 1 day using four CPU cores; then it took us about 1.2 days to sample 120 ns using one GTX-1080 ti GPU; the following MM-PBSA-WSAS calculation consumed 1 day. Therefore,SARS-CoV-2 have four of the seven hot spot residues in common, while HCV NS3/4A and SARS-CoV-2 have only one hot spot residue (His41) in common. Even though the sequence identity is low between SARS-CoV-2 main protease and HCV NS3/4A, as shown in [Figure [9](#fig9){ref-type="fig"}](#fig9){ref-type="fig"}B, the cocrystal ligands, N3 (green sticks) for SARS-CoV-2 and ITMN-191 (brown sticks) for HCV NS3/4A, largely overlap. This suggests that homology models can be constructed using Modeller^[@ref49]^ with SARS-CoV, MERS-CoV, and even HCV NS3/4A as templates.

###### Sequence Comparison around Hot Spot Residues for Proteases of Four Types of Viruses

![](ci0c00179_0012){#GRAPHIC-d7e2321-autogenerated}

![Structural comparison of proteases among three coronavirus viruses (SARS-CoV-2, SARS-CoV, and MERS-CoV) (A) and between SARS-CoV-2 and hepatitis C NS3/4A proteases (B). The SARS-CoV-2 main protease is colored in gray, and its ligands are shown as


location of the proposed site. The population center of Austin is near Highland Mall area, Airport blvd., North Lamar, HWYs 290 and 35. The sheriff's office and the tax collector's office are all ready there.It is more accessible to the general public and is on the urban rail line.

Oh no, an "incentive to request a trial." God forbid we have trials. As usual there are a litany of ideas to hassle people into not requesting a trial - like make them come to court more frequently before they get a trial, in expectation that it is cheaper for them to simply dole out the money the government wants.

Similarly, asking for a trial to "see if a witness shows up" is also known as making the state prove itsinto implementation of Assembly Bill No. 970.
In 2002, California Senate Bills Nos. 1038 and 1078 (2001-2002 Reg. Sess.), both addressing the state's need for generation of renewable electrical energy (such as wind, solar, and geothermal energy), were signed into law. (Stats. 2002, chs. 515, 516.) This legislation, which included Public Utilities Code section 399.25, called upon the state to increase its electrical generation from renewable sources by at least 1 percent a year until those sources comprise 20 percent of the energy procured by public utilities such as SCE. In early 2003, as part of Investigation No. 00-11-001, 2000 WL 33115425, PUC requested "Comments on Procedural Coordination of Renewables Procurement, Transmission Planning and Statutory Interpretation of Pub. Util.Code, § 399.25."[1] ((Feb. 25, 2003)  [as of Aug. 17,


a purchaser has prudently chosen from among available supply options'" (ibid., 2003 WL 22336120 [2000 Cal. PUCLexis 1145, p. *9]). Thus, concludes PUC: "In light of the role state regulators continue to play with respect to transmission upgrades as well as retail rates under the Federal Power Act, we are not persuaded that FERC's silence on this point should be construed as an expression of Congressional intent to preempt state commissions from directing a utility to provide the up-front costs of necessary network upgrades, subject to FERC approval of the interconnection agreement, and to seek recovery of those costs in transmission rates." (Order Denying Rehg., 2003 WL 22336120, p. *3 [2000 Cal. PUCLexis 1145, p. *10].)
Following the Order Denying Rehearing, SCE petitioned this court for a writ of§ 824(a).) "Federal regulation of matters relating to generation . . . and . . . transmission of electric energy in interstate commerce and the sale of such energy at wholesale in interstate commerce is necessary in the public interest, such Federal regulation, however, to extend only to those matters which are not subject to regulation by the States." (16 U.S.C. § 824(a).) The Federal Power Act generally applies to "the transmission of electric energy in interstate commerce and to the sale of electric energy at wholesale in interstate commerce . . . [and] over all facilities for such transmission or sale of electrical energy." (16 U.S.C. § 824(b)(1).) It gives FERC "jurisdiction over all facilities for such transmission or sale of electric energy . . . ."


facilitate achievement of the renewable power goals established in Article 16 (commencing with Section 399.11).

"(b) With respect to a transmission facility described in subdivision (a), the commission shall take all feasible actions to ensure that the transmission rates established by the Federal Energy Regulatory Commission are fully reflected in any retail rates established by the commission. These actions shall include, but are not limited to:
"(1) Making findings, where supported by an evidentiary record, that those transmission facilities provide benefit to the transmission network and are necessary to facilitate the achievement of the renewables portfolio standard established in Article 16 (commencing with Section 399.11).
"(2) Directing the utility to which the generator will be interconnected, where the direction is not preempted by federal law, to seek the recovery through generalcolor images. The studies may be grouped into two types; one has been to develop new couplers capable of forming color images which are hardly faded, and the other has been to develop new additives capable of effectively inhibiting fading of color images formed.
Many phenolic cyan couplers capable of forming cyan dyes are known. For example, 2-[.alpha.-2,4-di-tert-amylphenoxybutanamido]-4,6-dichloro-5-methylphenol described in U.S. Patent 2,801,171 can form a color image with a good light fastness, which, however, is known to have a defect in that its heat resistance is poor.
Phenolic cyan couplers where the 3- or 5-position of the phenol nucleus is substituted by an alkyl group having 2 or more carbon atoms are described in, for example, JP-B-49-11572 and JP-A-60-209735 and JP-A-60-205447 (the term "JP-B" and "JP-A" as used herein


been used as useful dyes for dyeing photographic materials, as these are easily decolored in a sulfite-containing developer, and thus have hardly any adverse influence on photographic emulsions.
However, some dyes of this type have drawbacks, in that although they have little influence on the photographic emulsions themselves, that these would cause spectral sensitization in an undesired range for spectrally sensitized emulsions or would cause lowering of sensitivity of such emulsions, the latter being considered to result from desorption of the sensitizing dye from the emulsion.
In addition, some of said dyes would remain in the photographic materials processed, depending upon the rapid processing, which is frequently carried out these days. In order to overcome the problem, it has been proposed to use dyes having a high reactivity with sulfiteExcerpt from the June 2009 Town Meeting minutes. This article was introduced to support the FEMA stimulus grant application to build a station on town property behind Station 2.

Article 20 To see is the Town wishes to authorize the Board of Selectmen to approve use of town-owned land for building a new fire station, contingent on obtaining funding, permits and site plan approval. No funds are being requested for this action.

Jeff Harriman made a motion to approve the article as read. It was seconded by Maureen Harriman. Alan Greene stated that there is stimulus money available that may help the town build a Public Safety Building. This article would allow us to apply for the funds. Greg Smith made a motion to table this article. It was seconded


the start. In an April 1986 article in Out in the Mountains, an LGBTQ newspaper published in Vermont from 1986 to 2007, cofounder Alverta Perkins wrote, "A lot of women don't even know what they want from the land yet. They just want the land to happen."

A December 1986 HOWL newsletter offers a glimpse of some of the things that did, eventually, happen: a tepee-raising workshop; a forum on the topics of bisexuality, difference and boy children; and a "no-voice" weekend for hearing-impaired women. In late 1988, after four years of phonathons, fund drives and denied grant applications, the collective managed to purchase 50 of the 195 acres. Shortly thereafter, Daley took up residence in the barn and became HOWL's first caretaker.

click to enlarge Karen Pike

Photo from theHOWL archives

In those early days, people came and went as they pleased, doing whatever they felt moved to do on 50 secluded acres with no men around. Daley remembers it as a fearless, heavenly time.

"Just being there was beautiful. We were free. We were at the end of a dirt road. We skinny-dipped in the pond all the time. We weren't afraid of anything. That was back when 'feminist' wasn't a dirty word, but we were tough and willing to do our own thing. Rarely did anything nasty ever happen," she said. She paused a moment to consider. "Maybe someone's cat got devoured once."

Disconnect

click to enlarge Karen Pike

From left: Susan Smith, Lani Ravin, Vicky Tamas, Glo Daley and Anya Schwartz inside the farmhouse at HOWL

In recent years, the


noted, this new landscape can feel like a referendum on their life's work.

"Sometimes, I think, it can be hard for them to hear that something needs to change, but the fact that we need to change doesn't mean that what they did is irrelevant," she said. "It's not about undoing their work but building upon it. At this point, we need to evolve in order to stay alive."

Not everyone has embraced this evolution. A HOWL founder and former collective member, who requested anonymity for fear of being pilloried for her views, told me that about seven years ago, the board began to discuss opening the land to trans women. Ultimately, those conversations became a breaking point in her relationship with the group.

"As a sexual-assault survivor, my view isthat it should be a sanctuary for women born women," she said. "But that's not really the latest liberal popular view."

Seventy-six-year-old Stephie Smith, the most recent addition to the HOWL board and its sole trans member, said she's never experienced any pushback or ill feeling from anyone in the collective. She feels that the major bone of contention within HOWL right now isn't so much the inclusion of trans women, but adapting HOWL's governing principles to encompass people who identify as nonbinary.

"We had two board meetings dedicated entirely to discussing whether we should allow nonbinary people at HOWL," Smith said. "Some people on the collective are very intense about this issue, and they want to come up with a rule about it. I think that's a waste of


Supreme Court's 2013 decision protecting gay marriage has dissipated in the face of a new crop of conservative-leaning justices, who, later this year, will decide whether an employer has the legal right to fire someone for being openly gay or trans.

Contrary to the media naysayers, Ravin feels that the political climate has reignited interest in places like HOWL. The collective doesn't track visitor numbers, but Ravin said that she has recently witnessed a greater sense of urgency, a desire to align with the anti-patriarchy movement.

"There are attacks on women's rights from all around, and people are waking up," she said. "Anyone who's being oppressed can come to HOWL and be empowered. HOWL is a place to regenerate. I don't see it as a respite but as a model"That's kind of transphobic," she said.

We discussed the consequences of the notion that feminine power resides in a particular body shape, which everyone agreed was bogus. Then, we did something called "authentic movement," which entailed weaving around one another in a sort of manic square dance, extending our arms skyward, sinking to our knees and, finally, prostrating ourselves on the ground. As I lay on my stomach, my right cheek smushed into the damp grass, I overheard perhaps the most lesbian-commune sentence ever uttered: "I'm going to move your chaga mushroom, if that's OK."

While we were all prone, diffusely illuminated by a cloud-covered moon, Scanlon suggested we do a "wonder circle." This involves, apparently, saying aloud the first semi-baked question that enters your mind, the cumulative effect of


null
     */
    private $outgoingRoutings = null;

    use DtoNormalizer;

    public function __construct($id = null)
    {
        $this->setId($id);
    }

    /**
     * @inheritdoc
     */
    public static function getPropertyMap(string $context = '', string $role = null)
    {
        if ($context === self::CONTEXT_COLLECTION) {
            return ['id' => 'id'];
        }

        return [
           *
     * @return static
     */
    public function setInvoicePostalAddress($invoicePostalAddress = null)
    {
        $this->invoicePostalAddress = $invoicePostalAddress;

        return $this;
    }

    /**
     * @return string | null
     */
    public function getInvoicePostalAddress()
    {
        return $this->invoicePostalAddress;
    }

    /**
     * @param string $invoicePostalCode
     *
     * @return static
     */
    public function setInvoicePostalCode($invoicePostalCode = null)


{
        return $this->voicemailNotificationTemplate;
    }

    /**
     * @param mixed | null $id
     *
     * @return static
     */
    public function setVoicemailNotificationTemplateId($id)
    {
        $value = !is_null($id)
            ? new \Ivoz\Provider\Domain\Model\NotificationTemplate\NotificationTemplateDto($id)
            : null;

        return $this->setVoicemailNotificationTemplate($value);
    }

    /**
     * @return mixed | null
     */
    public function      SUBROUTINE INVERS (NDIM,A,N,B,M,DETERM,ISING,INDEX)
C
C     INVERSE, OR LINEAR EQUATIONS SOLVER
C
C     NDIM IS THE ACTUAL SIZE OF A IN CALLING PROGRAM. E.G. A(NDIM,NDIM)
C     A IS SQUARE MATRIX TO BE INVERTED.
C     N IS SIZE OF UPPER LEFT PORTION BEING INVERTED.
C     B IS COLUMN OF CONSTANTS (OPTIONAL INPUT). SUPPLY SPACE B(NDIM,1)
C     M IS THE NUMBER OF COLUMNS OF CONSTANTS
C     DETERM RETURNS THE VALUE OF DETERMINANT IF NON-SINGULAR
C     ISING RETURNS 2, IF MATRIX A(N,N) IS SINGULAR
C                   1, IF


     IF (ISING .LT. 0) DETERM = 0.0
      DO 10 J = 1,N
   10 INDEX(J,3) = 0
      DO 130 I = 1,N
C
C     SEARCH FOR PIVOT
C
      AMAX = 0.0
      DO 40 J = 1,N
      IF (INDEX(J,3) .EQ. 1) GO TO 40
      DO 30 K = 1,N
      IF (INDEX(K,3) - 1) 20,30,190
   20 IF (ABS(A(J,K)) .LE. AMAX) GO TO 30
      IROW   = J
      ICOLUM = K
     heavily, turned around, and walked down the platform just as the train was arriving.

She apologised to him three days later.

i could not walk away from you

all i could do was hide in my own head, rebuilding a palace

i was once queen of this, but now

*

They were standing together under a covered walkway, hiding from the light drizzle the sky was gifting them that day.

‘I still don’t understand,’ he said, hands on her waist.

‘What don’t you understand?’ she asked playfully.

‘You always say sex isn’t that big of a deal for you.’

‘It’s not,’ she prompted, less happy, now knowing what he would say next.

‘But every time I try anything you always say no.’ He sounded hurt by the very idea.

She allowed herself a few moments where she could consider a


This library is a straightforward combinatorization of the well-known technique of memoization. Let's start with the canonical example:

fib = (map fib' [0..] !!) where fib' 0 = 0 fib' 1 = 1 fib' n = fib (n-1) + fib (n-2)

I interpret what you said to mean that you know how and why this works. So I'll focus on the combinatorization.

We are essentiallly trying to capture and generalize the idea of (map f [0..] !!) . The type of this function is (Int -> r) -> (Int -> r) , which makes sense: it takes a function from Int -> r and returns a memoized version of the same function. Any function which is semantically the identity and has this type is called a "memoizer for Int " (evendo things like this:

boundedMemo :: Integer -> Memo Integer boundedMemo bound f = \z -> if z < bound then memof z else f z where memof = integral f

Which only memoizes values less than a given bound, needed for the implementation of one of the project euler problems.

There are other approaches, for example exposing an open fixpoint function over a monad:

memo :: MonadState ... m => ((Integer -> m r) -> (Integer -> m r)) -> m (Integer -> m r)

Which allows yet more flexibility, eg. purging caches, LRU, etc. But it is a pain in the ass to use, and also it puts strictness constraints on the function to be memoized (e.g. no infinite left recursion). I don't believe there are any libraries that implement this


Send Your Wish

With "Send Your Wish" there is no excuse for receiving undesired gifts! Have a look at Shop, pick the Caia of your dreams and click on “Send Your Wish” to share with whoever you want (husband for sure!) the Caia you would love to get!

We will inform the person, by e-mail, what is your favourite Caia and then, let's keep "Fingers Crossed" to make your wish come true ;)be cast into the same form by isolating components which transform as the irreducible representations of $C_{3v}$ [@Doherty2011; @*Maze2011]. The combined perturbation has the form $V_\A1 \hat{O}_\A1 + V_\Ex \hat{O}_\Ex +
V_\Ey \hat{O}_\Ey$, where $\hat{O}_{\Gamma_a}$ is an orbital operator transforming as the basis state ${\left| \Gamma_a \right>}$ and $$\label{eq:SymmetrizedFields}
  \left\{
  \begin{array}{l}
  V_\A1 = S_\A1 - \mu_\parallel F_z \\
  V_\Ex = S_\Ex - \mu_\perp F_x \\
  V_\Ey = S_\Ey - \mu_\perp F_y
  \end{array}\right.$$ are the symmetrized field strengths, in terms of fixed strain components $S_{\Gamma_a}$, projections of the local electric field $F_i$, and the reduced matrix elements of the electric dipole operator $\bigl\{\mu_\parallel,\mu_\perp\bigr\}$. We choose orbital basis states $\left\{{\left| \mathrm{E}_x \right>},{\left| \mathrm{E}_y \right>}\right\}$ for the ES which transform like vectors $\left\{x,y\right\}$ in the NV-center


the repump beam ($\approx$) which is 4–5 orders of magnitude stronger than the red laser ($\approx$). When voltages are applied, this leads to a long-lived nonequilibrium charge distribution in the illuminated volume of the sample, which can either amplify or screen the local electric field.

As a simplified one-dimensional demonstration, we present in [Fig. \[fig:Rectification\]]{}(a) the Stark-shift response of an NV center below the surface of a second diamond sample irradiated and annealed under similar conditions, but patterned with a global top gate of the transparent conductor indium-tin-oxide (device B). As the top-gate bias is stepped in a loop over $\approx$, we observe hysteresis in the response characteristic of $\approx$ charge-relaxation timescales. Furthermore, by comparing the magnitudes of the Stark shifts due to biases applied laterally across an gap \[[Fig. \[fig:LateralExpt\]]{}(d)\]clearly observed when the repump beam is present, particularly as a kink in $\meanf$, and it is significantly reduced when the biases are applied in the absence of the repump cycle. Fits to the data using our model [@SOM] are shown as solid curves, from which we find that ${\lvert\rectvec\rvert}$ is reduced from 0.71$\pm$0.02 with the standard repump cycle to 0.33$\pm$0.03 when the beam is omitted.

Based on this understanding, we can exploit the photoinduced charge to obtain greatly enhanced tunability in our four-gate geometry (device A). Since the rectified field points predominantly out of plane and has strength comparable to the dielectric component, we effectively obtain three-dimensional control of the local electric field vector. The application of a negative reference bias $\Vdc$ as shown in [Fig. \[fig:LateralExpt\]]{}(c) increases the


composition of UHECRs is the key to identifying the sources of these rare particles. The primary mass of UHECRs can be inferred from the depth of shower maximum, $X_{\rm max}$ [@Aab:2014aea; @Aab:2014kda]. Recent data sets from fluorescence telescopes and water-Cherenkov detectors of the Auger observatory have shown that the primary mass of UHECRs is dominated by light composition at energy of around $2 \times 10^{18}~\rm eV$, and then becomes gradually heavier with increasing energy up to $4 \times 10^{19}~\rm eV$, and may stop increasing beyond this energy [@Aab:2017njo]. The interpretation of the UHECR composition is controversial, and the Telescope Array (TA) collaboration has claimed that their data prefer light composition dominated scenario [@Fukushima:2015bza; @Abbasi:2018nun]. It has been shown that the $\left\langle X_{\rm max}\right\rangle$ data from the TA and Auger are inluminosity $L_{\rm rad, 0}$ and the location of jet base $r_0$ for the survival of nuclei with various chemical species: He, O, Si, and Fe during the initial loading at jet base. The blank (shaded) region beyond (below) the iron curve has an optical depth $\tau_{A\gamma} < 1$ ($\tau_{A\gamma} >1$) in the lower panel and effective optical depth $f_{A\gamma} > 1$ ($f_{A\gamma} > 1$) in the upper panel. The optical depth $\tau_{A\gamma}$ represents the interaction rate, while the effective optical depth $f_{A\gamma}$ indicates the energy loss efficiency of nuclei. \[fig:fate\_loading\_plot\]](fate_loading_plot){width="\linewidth"}

\[sec:two\_4\] Hypernova ejecta composition
-------------------------------------------

Motivated by the connection between hypernova and LL GRBs, we also consider the hypernova ejecta composition where the heavy nuclei component are synthesized during the expansion of the semi-relativistic ejecta. This is possible if the ejecta


of UHECR nuclei ejected from GRBs does not need to be equal to the acceleration spectrum (see, e.g., [@Zhang:2017hom] for the case of tidal disruption events). In fact, a harder injection spectrum is achieved if we take into account escape processes, such as the simple direct escape model from the emission region (that is mainly the downstream) [@Baerwald:2013pu; @Zhang:2017hom; @Heinze:2015hhp; @Biehl:2017zlw] and the neutron escape model (e.g., [@Mannheim:1998wp; @Dermer:2012rg]). Here we consider the diffusive shock acceleration, in which particle escape from the escape boundary in the upstream has been theoretically calculated and it has been applied to supernova remnants and radio galaxies [@Ohira2010AA; @Atoyan:2002gu; @Caprioli:2009bf; @Drury:2010am; @Katz:2010tv]. In the escape-limited model, only cosmic rays whose energy is close to the maximum acceleration energy can escape from the sources, and the spectrumprocess for heavy nuclei, the Bethe-Heitler process which can be treated as continuous energy loss process, and adiabatic energy losses due to the expansion of the universe [@Kampert:2012fi]. The background photons are mainly composed of the CMB and extragalactic background light (EBL) photons, and the latter is important for the photodisintegration process of UHECR nuclei in the lower energy range. In this work, we adopt a semi-analytic EBL model by Ref. [@Gilmore2012].

The observed flux of UHECR nuclei with $A$ at Earth can be calculated using the following formula, $$\begin{aligned}
\Phi_A(E) &=& \sum_{A^\prime} \frac{c}{4\pi} \int_{z_{\rm min}}^{z_{\rm max}} dz  \left| \frac{dt}{dz}\right| F_{\rm GRB}(z) \nonumber \\ &\times & \int_{L_{\rm min}}^{L_{\rm max}} \frac{d \rho_0}{dL} \int_{E^\prime_{\rm min}}^{E^\prime_{\rm max}} dE^\prime \frac{dN_{A^\prime}}{dE^\prime}\frac{d\eta_{A A^\prime}(E, E^\prime,z)}{dE},\,\,\,\,\,\,\,\,\,\,\end{aligned}$$ where $F_{\rm GRB}(z)$ is the redshift distribution parameter of long GRBs which trace


remember that the man who will be stewarding the negotiations, President Shimon Peres, was once asked - back in 1990 - to form a government while leading the second-largest party.

So it would be unusual but not unprecedented for Likud to be in this same position today.

Likud officials are confident they can buck the historical trend.

That is not least because, with 29 seats in the current Knesset, Tzipi Livni was unable to form her own coalition.

Shifting support

At Likud election centre, Benjamin Netanyahu took to the stage to tell a small but enthusiastic crowd of supporters: "With God's help, I stand before you as the man who will be Israel's next head of government."

Polls suggested Tzipi Livni's party performed well

Of the projected result, Likud's Dore Gold said: "This is somewhatbisexual males," Frieden said.

Men who have sex with other men get nearly three-fourths of new infections among young people.

One reason young gay and bisexual males have such a high infection rate is that they are far more likely than other young men (or young women) to have multiple sex partners, to use alcohol or drugs when having sex, and to have sex with older partners. They're also less likely to use condoms.

And more than half of young Americans getting infected with HIV are black, notes Kevin Fenton, MD, PhD, director of the CDC's AIDS division.

"High rates of HIV in the community of African-American men who have sex with men increase young black men's risk," he said at the news conference. "Stigma, discrimination, and homophobia are barriers to prevention


sScenesServer;
    #endif

    #if (defined CLD_LEVEL_CONTROL) && (defined LEVEL_CONTROL_SERVER)
        tsZCL_ClusterInstance sLevelControlServer;
    #endif

    #if (defined CLD_COLOUR_CONTROL) && (defined COLOUR_CONTROL_SERVER)
        tsZCL_ClusterInstance sColourControlServer;
    #endif

    /* Recommended Optional Server Cluster */
    #if (defined CLD_ZLL_COMMISSION) && (defined ZLL_COMMISSION_SERVER)
        tsZCL_ClusterInstance sZllCommissionServer;
    #endif

    /* Recommended Optional Client Cluster */
    /* OTA Cluster Instance */
    #if (defined CLD_OTA) && (defined OTA_CLIENT)
        tsZCL_ClusterInstance sOTAClient;
    #endif
} tsZLO_ColourTemperatureLightDeviceClusterInstances __attribute__ ((aligned(4)));

/* Holds everything required to create anare matched by the agency's clear investment in and commitment to implementing such practices.

Substance abuse treatment agencies are increasingly being pressured to adopt EBPs through funding initiatives, leading to heightened agency expectations to use EBPs. However, clinicians may be less inclined to change their already existing practices if they were not properly convinced of the usefulness of these innovations \[[@CR5]\]. P-O fit theory suggests that this discrepancy may be detrimental to outcomes such as organizational learning climate and provider morale. The review by Miller et al. \[[@CR5]\] also argues that many organizations do not designate enough resources (e.g. training, mentorship, protected time) to properly support the implementation of EBPs, which may be particularly frustrating to direct service providers who value and are committed to using these practices.

Current study


this study should be interpreted with caution for the following reasons. For one, we utilized a cross-sectional design which limited our ability to make causal inferences. It is possible that lower provider morale and weaker organizational learning climates may pull provider and agency characteristics further apart over time. However, P-O fit theory suggests the reverse explanation---that poorly fitting employee and organizational characteristics weaken outcomes such as morale and climate. As another potential limitation, the current measures of fit represented computations of self-reported provider and agency variables. It was not a direct measure of perceived fit, which is an approach that has demonstrated predictive validity in some research \[[@CR47]\]. However, indirect measures of fit, such as the one used in this study, avoid confounding the independent effects of the
154 Ariz. 474 (1987)
744 P.2d 1
Shirley SANDERS, Plaintiff/Appellant,
v.
Denton COBBLE and Letitia Cobble, husband and wife, Lawyers Title of Arizona, an Arizona corporation; Trust No. 7479-T, Lawyers Title of Arizona, Trustee, Defendants/Appellees.
No. CV 86-0568-PR.
Supreme Court of Arizona, In Banc.
October 1, 1987.
Shirley Sanders, pro se.
Richard J. Michela, Tucson, for defendant/appellee Cobble.
Barrett L. Kime, Tucson, for defendant/appellee Lawyers Title.
CAMERON, Justice.
I.
The trial court vacated a default judgment in favor of petitioner, Shirley Sanders. Petitioner appealed and the court of appeals dismissed. We granted review. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5(3), A.R.S. § 12-120.24 and Ariz.R.Civ.App.P. 23, 17A A.R.S.
II.
We consider only the issue of the appealability of an order setting aside a default judgment.
III.
Petitioner filed a complaint in Pima County Superior Court in propria persona. The defendants, Denton


Brugnatelli Advertising *476 Co. Inc. v. Century Capitol Corp., 153 Ariz. 78, 734 P.2d 1034 (App. 1986); Knight, supra; see also Hanen v. Willis, 8 Ariz. App. 175, 444 P.2d 732 (1968) ("It is clear that an order setting aside or refusing to vacate default judgment is a special order made after judgment and is therefore appealable."). An order setting aside an entry of default is not appealable. Richas v. Superior Court, 133 Ariz. 512, 652 P.2d 1035 (1982); Borg-Warner Acceptance Corp. v. Globe Electric, Inc., 20 Ariz. App. 147, 510 P.2d 1052 (1973); Searles v. Haldiman, 3 Ariz. App. 294, 413 P.2d 860 (1966).
The order of the court of appeals dismissing the appeal is vacated. This case is remanded to the court of appeals for proceedings consistenttype.

A:

This is exactly what function overloads are for.
In short, you do the following:
from typing import overload

# ...snip...

@overload
def map_type(value: int) -> MyEnum: ...

@overload
def map_type(value: str) -> MyCustomClass: ...

def map_type(value: Union[int, str]) -> Union[MyEnum, MyCustomClass]:
    if isinstance(value, int):
        return MyEnum(value)
    elif isinstance(value, str):
        return MyCustomClass(value)
    raise TypeError('Invalid input type')

Now, when you do map_type(3), mypy will understand that the return type is MyEnum.
And at runtime, the only function to actually run is the final one -- the first two are completely overridden and ignored.


the same surface coverage rate, it has been demonstrated that SiNC shows no advantage over SiNW in light-absorption for RJ solar cells. Such result provides a critical clue for optimizing SiNC based photovoltaic devices.

Results and discussion
======================

The extinction efficiency curves of the monomer SiNC and SiNW were obtained, as given in [Fig. 2a](#f2){ref-type="fig"}. Obviously, the extinction efficiencies of SiNC are higher than those of SiNW in most of the wavelengths. This implies that the monomer SiNC owns greater broadband light-concentration ability than SiNW, according to the definition of extinction efficiency[@b17], Q~ext~ = C~ext~ /πr^2^, where C~ext~ and πr^2^ represents the extinction and geometric cross section of the target respectively.

To estimate the light-concentration ability of the SiNC and SiNW array, firstly, we calculate the extinction efficiency of them by

Q~ext-mo~ issignificant superior light-concentration ability.

The light-absorption ability of SiNC and SiNW arrays is also estimated, by calculating the fraction of sunlight being absorbed by them, with the same strategy used above. From [Fig. 3b](#f3){ref-type="fig"}, it can be intuitively seen that, under most of the surface coverage rates, the light-absorption performance of the SiNC arrays is worse than that of the SiNW arrays. Only under the surface coverage rates ranging from 4% to 8%, the SiNC arrays exhibit slight advantage over the SiNW arrays in light-absorption. The biggest difference (occurring under the surface coverage rate 6.6%) is merely about 1.5%, which is quite smaller than the counterpart value in light-concentration, 20.8%. So, it can be concluded that SiNC shows no better performance than SiNW in light-absorption for RJ solar cells


arrays) composed of the same amount of silicon materials, we find that SiNC has significant superiority over SiNW in light-concentration, which indicates that SiNC arrays should be a perfect light-trapping structure for bulk silicon solar cells. However, the light concentrated by the SiNC can't be absorbed effectively.

For RJ solar cells application, only the light being absorbed in the SiNC can be converted into free charge carriers, which is of significance. Therefore, it can be concluded that SiNC is not better than SiNW in light-absorption for RJ solar cells. The worse light-absorption in SiNC is mainly due to that, the light in SiNC owns shorter propagation distance than in SiNW. The axial localization feature of the scattering light partly contributes to the better performance of SiNC than SiNW inY.L. and M.L. designed the simulations and wrote the paper. P.F. and R.L. carried out the simulation and analyzed the data. D.S., C.S. and Y.Z. contributed to analyze the obtained data. All authors discussed and commented on the manuscript.

![(**a**) The schematic diagram of the SiNW used to model the real geometry of the SiNW fabricated[@b19], which has a hemisphere-like top. (**b**) The schematic diagram of the SiNC used to model the SiNC fabricated by us. The inset in (**a**) is adapted by permission from Macmillan Publishers Ltd: Nature Materials, copyright 2010.](srep11532-f1){#f1}

![(**a**) Extinction efficiency spectra of monomer SiNC and SiNW composed of equivalent amount of material. (**b**) The fraction of sunlight being harvested by the SiNC and SiNW array, under different surface coverage rates.](srep11532-f2){#f2}

![(**a**) Absorption efficiency spectra of monomer


SiNC and SiNW. (**b**) The fraction of sunlight being absorbed by the SiNC and SiNW arrays, under different surface coverage rates.](srep11532-f3){#f3}

![(**a**) Schematic view of the resonance wavelength of every subwire in the SiNC, and corresponding propagation distance of the light they concentrated. (**b**) Angle distribution of the scattering light around the SiNW at its resonance wavelengths.](srep11532-f4){#f4}
then some more growth. Somewhere at the top of the bell, start-up culture makes way for a more bureaucratic setup, and hence, some of the luster that originally drew in users starts to fade. Then it's back down again, to make room for the next iteration. Facebook has certainly experienced the first few stages. While the growth this year has been substantial, the company itself has also become increasingly massive and bureaucratic. It's only natural.

Of course, there are still quite a few people on the site. That probably won't change dramatically anytime soon. However, the important thing to note is that while Facebook may have a solid user base, teenagers don't make up much of that base anymore, preferring platforms like Vine or Snapchat. That means the future


2000 and 2006, Casseus had two such vascular crises. (Rainsford Decl. ¶ 19.)

C. Casseus Requests Leave and Verizon Begins Surveillance
On November 27, 2006, Casseus told Eileen Capriotti, an Absence Administrator at the Wantagh facility, that he had to be absent from work because he was having trouble with his foot and ankle. (Def.'s 56.1 ¶ 4.) Almost immediately, Capriotti notified John Scuteri, the supervisor of the Wantagh facility, of Casseus's leave request and suggested that Verizon begin surveillance on Casseus. According to Capriotti, she requested surveillance because Casseus had taken leave during the same time of year in 2002, four years prior, and thus she suspected that Casseus could be fraudulently requesting leave. (Def.'s 56.1 ¶ 10; Pl.'s Opp. 56.1 ¶ 10.) Surveillance began on November 30, 2006.entering the stores, Casseus's car was gone. (See Brener Decl. Ex. N.)
At his deposition, Casseus testified that the video taken by the surveillance team fairly and accurately depicted his activities on December 19 and 20, 2006. (See Pl.'s Dep. 143:1-5.)

G. MetLife Revokes Casseus's Disability Benefits
Subsequently, MetLife officials reviewed the video. On January 25, 2007, MetLife notified Casseus that based on the surveillance reports and video, "it appears that you are able to stand, walk, bend and drive for extended periods of time. Your Physician indicated that you were not to bend, stoop, lift, twist, bend, or drive. Although you were observed using your cane at times and did walk with a slight limp, it is apparent that you are able to function and *333 perform the sedentary duties


circumstances giving rise to an inference of retaliatory intent. Id. If the plaintiff establishes a prima facie case, then the burden of production shifts to the employer to demonstrate a legitimate, non-discriminatory reason for the adverse employment action. DiGiovanna, 651 F.Supp.2d at 203. If the employer meets its burden of production, then the plaintiff must establish that the employer's proffered reason was merely a pretext for a discriminatory reason. See id. at 203-04.

(b) FMLA Interference Claims
To state a prima facie case for interference with FMLA rights, the plaintiff must establish (1) that he is an eligible employee under the FMLA; (2) that defendant is an employer under the FMLA; (3) that he was entitled to FMLA leave; (4) that he gave notice to defendant of his intention tomedical history. Nor did the medical director ever examine Casseus. There are also questions regarding the weight that should be attached to Dr. Abeles's conclusion that plaintiff was able to work. For one, Dr. Abeles, a podiatrist, acknowledged at his deposition that, over a 20-year career, he had never treated anyone for sickle cell anemia, the condition suffered by plaintiff. (See Abeles Dep. 31:16-32:11.) Moreover, although Dr. Abeles concluded in 2007 that Casseus was able to perform his job, he changed his mind after researching sickle cell anemia during an overnight break in his deposition in this case. After researching sickle cell anemia, Abeles testified:
[I]n his case, because he is on that medication hyrdoxyurea, obviously being on that, which is an anti-cancer drug[,] for severe crisis. If he


can you comment now?
Abeles answered, "[b]ased on what I knew and what I was asked at that time, with those open ulcerations, my opinion would have changed." (Abeles Dep. 112:21-113:6.)
It is important to note that Verizon disavows any role in selecting Dr. Abeles or shaping his conclusion in 2007. Additionally, the Court recognizes that the decision makers at Verizon only had before them Dr. Abeles's original conclusionnamely, that plaintiff could workwhen they fired plaintiff. However, the circumstances surrounding this examination and the information supplied to Dr. Abelesincluding the fact that Abeles was not familiar with sickle cell anemia at the time he examined plaintiff, his 180 degree change in opinion during his deposition, the limited scope of the MetLife medical director's investigation, and the fact that Verizon concludedinstant case is not necessarily of the "smoking gun" nature that defendant attempts to portray to the Court. A rational jury could, when viewing that videotape in light of the entire record, conclude that plaintiff was not able to work while on leave, notwithstanding his activities on the two days in the video. In fact, Dr. Abeles testified in his deposition that, notwithstanding the video, he now would reach a different conclusion regarding plaintiff's ability to work while on leave. Thus, reasonable minds can clearly disagree on the weight that should be given to that videotape. Moreover, if all of the other disputed factual issues in the record (and all reasonable inferences from the evidence) are resolved in plaintiff's favor, a rational jury may conclude that defendant's proffered


plaintiff was apparently *345 unaware of until he returned to work, did not directly affect the terms and conditions of plaintiff's employment. Therefore, even considering plaintiff's new theory of race discrimination, plaintiff has failed to establish a prima facie case.
In sum, given the complete lack of evidence from which a rational jury could find that the defendant's termination decision was motivated by race, the Court grants defendant's motion for summary judgment on plaintiff's race discrimination claims.

C. Disability Discrimination Claims
Plaintiff also asserts disability claims under the ADA and the NYSHRL. As set forth below, plaintiff's own evidence demonstrates that the manifestations of his illness are episodic and not consistently severe. Thus, plaintiff's own evidence demonstrates that his impairment cannot, as a matter of law, constitute a disability within theplaintiff must prove that "`(1) the defendant is covered by the ADA; (2) plaintiff suffers from or is regarded as suffering from a disability within the meaning of the ADA; (3) plaintiff was qualified to perform the essential *346 functions of the job, with or without reasonable accommodation; and (4) plaintiff suffered an adverse employment action because of his disability or perceived disability.'" Kinneary v. City of N.Y., 601 F.3d 151, 155-56 (2d Cir.2010) (quoting Capobianco v. City of N.Y., 422 F.3d 47, 56 (2d Cir.2005)).
"Discrimination under the ADA includes `not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue


Sclereids derive from the differentiation of parenchyma cells ([@CIT0013]). During their development, these cells swell in all directions, resulting in compressive stress in the longitudinal direction.

An important issue is the capacity of bark to maintain its biomechanical function as the tree grows. Indeed, direct evidence that bark is capable of bending a tree stem has only been provided in greenhouse experiments, using small trees ([@CIT0005]). Here we address the question of how the state of stress of bark changes during stem ontogeny. The performance (which can be measured as the change in curvature occurring in a tilted plant) directly depends on two factors: the magnitude of stress in the bark and its geometrical contribution. In this way, we assessed how the state of stress of bark changes withstrain {#s4}
------------------------------------------------------

Bark residual longitudinal strain (BRLS) was measured using the same methodology as in [@CIT0009]. After removing the outer bark from an area measuring 3×3 cm, an HBM DDL-1 extensometer sensor, consisting of two pins, was inserted in the secondary phloem along the longitudinal direction of the stem. The sensor was connected to a strain indicator (Vishay P3) to record the strain. The longitudinal strain of the bark was released by sawing two tangential grooves (one above and one below the sensor) at a distance of 4--7 mm from the corresponding pin. The BRLS was defined as the value recorded after making the second groove. The value is negative if the stress is tensile and positive if the stress is compressive. As trees are never perfectly vertical, the


previous position moving clockwise. Measurements were carried out with Image J software ([@CIT0015]). An average pith radius (in centimeters) was computed for each species and applied to the largest tree. The wood thickness of the largest trees (in centimeters) was computed as the difference between the stem radius and the sum of pith radius and total bark thickness. For each tree, the individual inner bark and wood thickness was computed as the arithmetic mean of the four measurements.

Statistical analysis {#s8}
--------------------

In order to assess how the geometric contribution of inner bark changes with tree size, we evaluated the allometric relationship between inner bark thickness and stem radius (i.e. stem diameter/2). Both variables were log-transformed and a standard major axis regression including species effect was fitted. A likelihood ratio testinner bark thickness divided by stem radius) and in the inner bark to wood thickness ratio were assessed in the smallest (stem diameter \<2.5 cm) and the largest (stem diameter \>20 cm) diameter classes. Variations in bark properties with size were assessed by bivariate analysis of BRLS and BBD versus stem radius. Both BRLS and BBD were fitted to log10-transformed stem radius through ordinary least squares linear regressions. The use of *P*-values in this study follows the statement of the American Statistical Academy (ASA) ([@CIT0024]), so that the wording relative to statistical significance is avoided. In that sense, the *P*=0.05 threshold differentiates the detection from the non-detection of statistical differences. Following the ASA statement, the estimated coefficients and associated *P*-values are also supplemented by confidence intervals.

Results {#s9}
=======

Bark size


to the Hall.

Monday, October 17, 2011

The only criticism that can be made of the Class of 1988 is How The Hell Did It Take Two Years to Induct The Beatles and Bob Dylan. I get the early influence thing. I get the chronological thinking that says you have to put Chuck Berry, Elvis Presley and Little Richard in before you put in the guys who had their minds blown by them.

But the Hall is about the best. And there really aren't too many people on the planet who would argue that Dylan and The Beatles are the two greatest, revolutionary and, frankly, most important figures in rock history. How could they not be inductees Nos. 1 and 2, or at the very least in the first class?

Back tofirst year of the Rock Hall, 1986, judges inducted a whopping 16 people. Out are Alan Freed (DJ), John Hammond (scout), and Jimmie Rodgers and Jimmy Yansey (early influences in the first year? Na). We'll leave Sam Phillips in, for obvious reasons.

That still leaves 12, which is way too many. Looking at this list, there's 11 who are mortal locks, and one who is fringe-y at best. That'd be the Everly Brothers. A handful of timeless classics and cool vocal harmonies don't get you in the Hall. At least not the first year, or even the first decade.

Friday, October 7, 2011

It's kind of not even funny — in fact, this scene sort of makes my stomach sick, like the kind of sick feeling you get after punching in


#
# Trigonometric functions, mostly inherited from Math::Complex.
# -- Jarkko Hietaniemi, since April 1997
# -- Raphael Manfredi, September 1996 (indirectly: because of Math::Complex)
#

package Math::Trig;

{ use 5.006; }
use strict;

use Math::Complex 1.59;
use Math::Complex qw(:trig :pi);
require Exporter;

our @ISA = qw(Exporter);

our $VERSION = 1.23;

my @angcnv = qw(rad2deg rad2grad
		deg2rad deg2grad
		grad2rad grad2deg);

my @areal = qw(asin_real acos_real);

our @EXPORT = (@{$Math::Complex::EXPORT_TAGS{'trig'}},
	   @angcnv, @areal);

my @rdlcnv = qw(cartesian_to_cylindrical
		cartesian_to_spherical
		cylindrical_to_cartesian
		cylindrical_to_spherical
		spherical_to_cartesian
		spherical_to_cylindrical);

my @greatcircle = qw(
		     great_circle_distance
		     great_circle_direction
		     great_circle_bearing
		     great_circle_waypoint
		     great_circle_midpoint
		     great_circle_destination
		    );

my @pi = qw(pi pi2 pi4 pip2 pip4);

our @EXPORT_OK = (@rdlcnv, @greatcircle, @pi, 'Inf');

# See e.g. the following pages:
# http://www.movable-type.co.uk/scripts/LatLong.html
# http://williams.best.vwh.net/avform.htm

our %EXPORT_TAGS = ('radial' => [ @rdlcnv ],
	     circle formulas.
    use Math::Trig ':great_circle';

=head1 DESCRIPTION

C<Math::Trig> defines many trigonometric functions not defined by the
core Perl which defines only the C<sin()> and C<cos()>.  The constant
B<pi> is also defined as are a few convenience functions for angle
conversions, and I<great circle formulas> for spherical movement.

=head1 TRIGONOMETRIC FUNCTIONS

The tangent

=over 4

=item B<tan>

=back

The cofunctions of the sine, cosine, and tangent (cosec/csc and cotan/cot
are aliases)

B<csc>, B<cosec>, B<sec>, B<sec>, B<cot>, B<cotan>

The arcus (also known as the inverse) functions of the sine, cosine,
and tangent

B<asin>, B<acos>, B<atan>

The principal value of the arc tangent of y/x

B<atan2>(y, x)

The arcus cofunctions of the sine, cosine, and tangent (acosec/acsc
and acotan/acot are aliases).  Note that atan2(0, 0) is not well-defined.

B<acsc>, B<acosec>, B<asec>, B<acot>, B<acotan>

The hyperbolic sine, cosine, and tangent

B<sinh>, B<cosh>, B<tanh>

The cofunctions of the hyperbolic sine, cosine, and


         = spherical_to_cartesian($rho, $theta, $phi);
    ($rho_c, $theta, $z)   = spherical_to_cylindrical($rho_s, $theta, $phi);

B<All angles are in radians>.

=head2 COORDINATE SYSTEMS

B<Cartesian> coordinates are the usual rectangular I<(x, y, z)>-coordinates.

Spherical coordinates, I<(rho, theta, pi)>, are three-dimensional
coordinates which define a point in three-dimensional space.  They are
based on a sphere surface.  The radius of the sphere is B<rho>, also
known as the I<radial> coordinate.  The angle in the I<xy>-plane
(around the I<z>-axis) is B<theta>, also known as the I<azimuthal>
coordinate.  The angle from the I<z>-axis is B<phi>, also known as the
I<polar> coordinate.  The North Pole is therefore I<0, 0, rho>, and
the Gulf of Guinea (think of the missing big chunk of Africa) I<0,
pi/2, rho>.  In geographical terms I<phi>control of an ECU typically operates under closed-loop, integral feedback control, which can compensate for the foregoing factors that contribute to cylinder imbalance. However, during transient maneuvers such as cranking, high load/acceleration and the like, cylinder balance may be degraded during and following the transient maneuver as the closed-loop integral control does not anticipate the transient maneuver and takes time to converge. During this period of cylinder imbalance there exists the potential for adverse engine vibrations and emissions.
Accordingly, it is desirable to improve cylinder balance within an internal combustion engine especially during and following transient maneuvers.


Linux 4.1

./keepalived/include/ip_vs.h:/* Prior to Linux 4.2 have to include linux/in.h and linux/in6.h

./keepalived/include/vrrp_iproute.h:#if HAVE_DECL_RTA_ENCAP	/* Since Linux 4.3 */

dnl -- Since Linux 4.3
AC_CHECK_DECLS([
IPVS_DAEMON_ATTR_SYNC_MAXLEN,
IPVS_DAEMON_ATTR_MCAST_GROUP,
IPVS_DAEMON_ATTR_MCAST_GROUP6,
IPVS_DAEMON_ATTR_MCAST_PORT,
IPVS_DAEMON_ATTR_MCAST_TTL], [],

dnl -- Since Linux 4.3
AC_DEFINE([_HAVE_IPVS_SYNCD_ATTRIBUTES_], [ 1 ], [Define to 1 if have IPVS syncd attributes])

dnl --FRA_TUN_ID		dnl -- Linux 4.3
dnl --RTA_ENCAP			dnl -- Linux 4.3

dnl ----[ Checks for kernel IFLA_VRF_... support ]----
  # Introduced in Linux 4.3

dnl --RTEXT_FILTER_SKIP_STATS	dnl -- Linux 4.4
dnl --RTA_EXPIRES		dnl -- Linux 4.5

./keepalived/vrrp/vrrp_iptables.c:/* Linux 4.5 introduced a namespace collision when including
./keepalived/vrrp/vrrp_iptables_calls.c:/* Linux 4.5 introduced a namespace collision when including

# Linux 4.5 to 4.5.4 has <libiptc/libiptc.h> indirectly including <net/if.h>
# and <linux/if.h> which causes a namespace collision.

dnl --FRA_L3MDEV		dnl -- Linux 4.8

dnl --FRA_UID_RANGE		dnl -- Linux 4.10

./keepalived/core/main.c:	 * fs/coredump.c. Currently (Linux 4.10) defines it to be 128, but the

dnl --RTA_TTL_PROPAGATE		dnl -- Linux 4.12
dnl --RTAX_FASTOPEN_NO_COOKIE	dnl -- Linux 4.15
dnl --FRA_PROTOCOL		dnl --a nihilistic order that, incapable of offering a positive image of the future, has resorted to framing its hegemonic discourse entirely in negative terms, with an unfailing mantra repeated religiously by its stubborn acolytes: “there is no alternative.”

This successful suppression of the radical imagination, which has seeped deep into the very fabric of advanced capitalist society and has been internalized fully within the existing body politic, turned out to be the death-knell of all creativity and change among the institutional left. Meanwhile, the fragmentation, atomization and isolation of the traditional working class have thrown up seemingly insurmountable barriers to concerted action and enduring organization on the part of the new social movements, which—in response to the overwhelming odds that are now stacked against them—have largely retreated into a


paraphrase Marx in The Eighteenth Brumaire of Louis Bonaparte, the social revolution of the 21st century cannot take its poetry from the past but only from the future: “it must let the dead bury their dead in order to arrive at its own content.” Only by forgetting its native tongue, Marx noted, can the social revolution appropriate a new language and begin to articulate the nature of its struggle on its own terms.

To paraphrase Marx, the social revolution of the 21st century cannot take its poetry from the past but only from the future: “it must let the dead bury their dead in order to arrive at its own content.”

We are all familiar with the poetry of the past: historical hymns still recount the glorious promises of thestatus of junior partners in grand coalitions and European institutions whose overarching vision of the future appears to be one of permanent austerity, social democracy has been so thoroughly hollowed out as to fundamentally undermine even its own prospects of survival—the specter of “Pasokification” now looming large over most center-left parties.

Democratic socialism, by contrast, appears to have been staging a cautious comeback in recent years, especially in its various left-populist forms. Buoyed by the collapse of social democracy and the constituent impulse of recent mobilizations against neoliberalism and austerity, a raft of leftist forces has been on the rise on both sides of the Atlantic—ranging from the progressive governments of the Latin American Pink Tide to the radical left parties in Greece and Spain, on to the self-declared


that grew up at the End of History and that has been weaned for decades on a “post-ideological” diet of elite-consensus politics. When it comes to their actual political content and policy proposals, even the staunchest of state-socialists have long since made a headlong retreat into a moderate left-reformism, expressed in economic programs that can best be described as Keynesianism-lite. And as Syriza’s recent experience has tragically confirmed, even that is unlikely to be tolerated by the capitalist powers of the day.

The foreclosed alternative

What we are witnessing with this emerging left-populism, then, is the halting resurgence of an old left much more than the birth of a new anti-capitalist politics as such. The political poetry of left-populism may rhyme nicely with the language of the movements and resonatethe urban uprisings against anti-black police brutality in cities like Ferguson and Baltimore—each of these brief “insurrectionary” episodes constitutes a flashpoint in the emergence of a new politics, offering a collective vision of a radically different future that is being imagined in the very process of struggle.

Seen in this light, it becomes clear that the intense collective outrage and the immense social creativity expressed in these mobilizations is already breathing much-needed new life into a moribund left. As John Holloway argues in his contribution to this issue, the financial crash of 2008 and the popular uprisings of the post-2011 period can be seen as a rupture that has changed the very texture and content of contemporary struggles. Even if the movements do not yet seem to know the


exact way forward, and even if the initial mobilizations themselves petered out relatively rapidly, it is self-evident that there can be no way back.

There can be no way back because—in the over-developed and deindustrialized societies of the Global North at least—the productivist and welfarist horizon of the traditional left has simply lost all connection with the social realities of ordinary working people and the concrete materiality of actually existing struggles on the ground. In this respect, the most recent wave of popular protest tells us something very important about the changing nature of capitalism and the evolving forms of class struggle under conditions of financialization; changes which in turn necessitate innovative new ways of thinking about anti-capitalist organizing and the transition to a post-capitalist world.

The recent wave ofthemselves and try to understand contemporary struggles on their own terms, while at the same time recognizing the embeddedness of each struggle within the context of the global political economy. Only by exploring the dialectic between the movements’ own subjectivities and the material conditions in which they arose can we begin to elucidate the common elements and intimate interconnections between them.

In this light, some of the main themes we can identify in the latest cycle of struggles include:

The primacy of everyday life and questions of social reproduction;

The centrality of the commons;

The expression and enactment of a strong desire for democracy.

The traditional left has proven to be extremely poorly equipped, both theoretically and practically, to grasp these points—precisely because they go against some of its main ideological tenets.

The primacy


commons:

The primacy of everyday life and social reproduction in contemporary forms of class struggle is in turn closely connected to the centrality of the notion of “the common” (or “the commons”)—defined by Silvia Federici and George Caffentzis as “autonomous spaces from which to reclaim control over our life and the conditions of our reproduction, and to provide resources on the basis of sharing and equal access; but also bases from which to counter the processes of enclosure and increasingly disentangle our lives from the market and the state.”

The centrality of the common is yet another important point setting the movements apart from the old left, which has tended to reduce its conception of class struggle to a simple tug-of-war between the public property of the socialist state andrevolutionary in its horizon.

Beyond insularity and fragmentation

It should be clear by now that the expansive and democratic political imaginary of the movements makes the latter cast their social net much wider than the traditional left. Struggles are increasingly situated within the urban terrain and cross a broad range of areas that may, at first sight, make them appear to be separate single-issue campaigns over concerns like housing, transport or student debt. Nevertheless, upon closer inspection, such struggles often turn out to be connected in intimate and powerful, if not immediately obvious, ways.

One of the biggest questions facing the movements is how to turn a fragmented field of struggles into a coherent social counterpower.

The wide social net cast by today’s movements—with their plurality of concerns and complicated interrelations—therefore offers


Introduction {#s1}
============

The ability of many plant species to mount induced defenses to herbivores has been documented in what is becoming a voluminous literature [@pone.0036168-Kaloshian1],[@pone.0036168-Walling1]. A plethora of inducible direct and indirect chemical defenses along with inducible physical defenses are known [@pone.0036168-Leitner1],[@pone.0036168-Arimura1],[@pone.0036168-Simmons1]. Perhaps one of the best studied plant systems with regards to induced responses to wounding and/or herbivory is the tomato plant *Solanum lycopersicum* ( = *Lycopersicon esculentum*) [@pone.0036168-Pautot1],[@pone.0036168-Thines1],[@pone.0036168-Katsir1],[@pone.0036168-Thaler1],[@pone.0036168-Felton1],[@pone.0036168-Lin1].

An "antinutritional" cocktail of proteins is induced in response to caterpillar feeding in S.*lycopersicum* including polyphenol oxidases [@pone.0036168-Felton2],[@pone.0036168-Felton3],[@pone.0036168-Constabel1]; various proteinase inhibitors [@pone.0036168-Thipyapong1],[@pone.0036168-DiezDiaz1]; ascorbate oxidase [@pone.0036168-Felton4]; leucine aminopeptidase [@pone.0036168-Pautot1]; arginase [@pone.0036168-Lin1] and threonine deaminase [@pone.0036168-Lin1]. The expression of many of these proteins is regulated by the octadecanoid pathway [@pone.0036168-Farmer1],[@pone.0036168-Victoriano1],[@pone.0036168-Howe1]. In addition to these proteins, the role of glandular trichomes in resistance to insectidentify the receptor(s) responsible for perceiving GOX and its enzymatic products. Overall there is a lack of understanding of not only effectors, but also herbivore associated molecular patterns (HAMPs) that requires elucidation of receptors responsible for recognition and the specific signaling pathways involved with their recognition [@pone.0036168-Mithofer1],[@pone.0036168-Bonaventure1].

Noctuid herbivores produce multiple secretions during feeding that have the potential to mediate the induction of direct and indirect plant defenses [@pone.0036168-Felton6]. In one example with the tobacco budworm *Heliothis virescens*, the effect of the combination of saliva and oral secretions or regurgitant on induced volatiles was examined [@pone.0036168-Delphia1]. In this case it was found that saliva had an inhibitory effect on volatile induction and that both saliva and regurgitant were necessary to elicit the "volatile signature" of *H. virescens* feeding. The


macrophages the production is insufficient to eliminate the parasites \[[@pone.0226837.ref037]\].

Altogether our results show that both NO and H~2~O~2~ are involved in restraining *L*. *amazonensis* infection in macrophages. However, differences in the production of these molecules could not explain the differences in infection rate between BALB/c and C3H/He. Moreover, iNOS inhibition could not suppress interstrain differences. Therefore, we conclude that, in our model of infection, NO and H~2~O~2~, in spite of their role, are not the principal factors in the resistance to *L*. *amazonensis* infection. Whatever mechanisms make C3H/He macrophages more resistant to infection than BALB/c, it is still to be described.

Further studies are being carried out to find other factors that might be implicated in C3H/He resistance. The *Slc1a1* (formelly *Nramp1*) gene have been described to be associatedwith susceptibility to multiple pathogens, including *L*. *donovani* \[[@pone.0226837.ref038]\]. The gene encodes for a transmembrane transporter that carries divalent cations out of the phagossome innerspace, depriving parasites from these ions \[[@pone.0226837.ref039]\]. C3H/HeJ animals are described to have a resistant allele while BALB/cJ carries the susceptible one \[[@pone.0226837.ref040]\]. A recent systematic review and meta-analysis have found some SLC11A1 polymorphisms to be associated with susceptibility to both cutaneous and visceral human leishmaniasis \[[@pone.0226837.ref041]\]. Meanwhile, genome wide association studies in Brazilian and Indian populations have implicated only HLA genes in the susceptibility to leishmaniasis \[[@pone.0226837.ref042]\]. Either way, susceptibility to leishmaniasis is clearly a complex trait with a multifactorial etiology that needs further studies. Uncovering the molecular basis of host resistance could provide valuable tools in the search for a vaccine or


215, 87 S.E.2d 300 (1955). In accordance with these principals, we must determine whether there is evidence in the record which would support the trial court's findings of fact and if so, whether those findings of fact support the conclusion that plaintiff has waived its right to compel arbitration.
Initially, we note that an order denying arbitration, although interlocutory, is immediately appealable because it involves a substantial right which might be lost if appeal is delayed. Sims v. Ritter Constr., Inc., 62 N.C.App. 52, 302 S.E.2d 293 (1983); G.S. §§ 1-277(a), 7A-27(d)(1). See Bernick v. Jurden, 306 N.C. 435, 293 S.E.2d 405 (1982).
Plaintiff contends and we recognize that there exists in North Carolina a strong public policy in favor of settling disputes by arbitration. Servomation Corp. v. Hickory Constr.Co., 316 N.C. 543, 544, 342 S.E.2d 853, 854 (1986). The leading case is Cyclone Roofing Co. v. Lafave Co., 312 N.C. 224, 229, 321 S.E.2d 872, 876 (1984), where it was stated:
Waiver of a contractual right to arbitration is a question of fact. Because of the strong public policy in North Carolina favoring arbitration, courts must closely scrutinize any allegation of waiver of such a favored right. Because of the reluctance to find waiver, we hold that a party has impliedly waived its contractual right to arbitration if by its delay or by actions it takes which are inconsistent with arbitration, another party to the contract is prejudiced by the order compelling arbitration.
As to what constitutes prejudice the Supreme Court further stated:
A party may be prejudiced if,


/* -*- Mode: C++; tab-width: 2; indent-tabs-mode: nil; c-basic-offset: 2 -*- */
/* ***** BEGIN LICENSE BLOCK *****
 * Version: MPL 1.1/GPL 2.0/LGPL 2.1
 *
 * The contents of this file are subject to the Mozilla Public License Version
 * 1.1 (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.mozilla.org/MPL/
 *
 * Software distributed under the License is distributed on an "AS IS" basis,
 * WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
 * for the specific language governing rights and limitations under the
 * License.
 *
 * The Original Code is JavaScript Engine testing utilities.
 *
 * The Initial Developer of the Original Code is
 * Mozillatransferred to OCV. The traditional R glass is difficult to fiberize as its forming temperature is up to about 1410° C. and its liquidus temperature up to 1330° C., which causes difficulty in attenuating glass fiber and consequently in realizing large-scale industrial production.
In addition, there is an improved type of R glass fiber, and its strength and modulus are much higher than those of the traditional E glass fiber and its melting and forming conditions are better than those of the traditional R glass fiber. However, this type of R glass has a high risk of devitrification. Meanwhile, since too much Li2O is introduced, not only the chemical stability of the glass is decreased, but also its raw material cost gets significantly higher. Therefore it is also not


from the west side of Trail Ridge Road. When traveling on Trail Ridge, stop on the Medicine Bow Curve to see a stunning display of the northernmost part of the park and the top of the Poudre Canyon in the distance to the north and west.

The famous Mummy Pass Trail can be accessed from the Mountain Campus of Colorado State University (formerly named Pingree Park) and connects to the Poudre River Trail, which will take you into the park and all the way to Trail Ridge Road.

So, take another look at your Rocky Mountain National Park map and see just how lucky you are to live in Northern Colorado.

Alan Apt is the author of: "Afoot and Afield, 184 Spectacular Outings in the Colorado Rockies, Denver, Boulder, Ft.Collins, andMulticenter randomized comparison of the efficacy and safety of xenon and isoflurane in patients undergoing elective surgery.
All general anesthetics used are known to have a negative inotropic side effect. Since xenon does not have a negative inotropic effect, it could be an interesting future general anesthetic. The aim of this clinical multicenter trial was to test the hypothesis of whether recovery after xenon anesthesia is faster compared with an accepted, standardized anesthetic regimen and that it is as effective and safe. A total of 224 patients in six centers were included in the protocol. They were randomly assigned to receive either xenon (60 +/- 5%) in oxygen or isoflurane (end-tidal concentration, 0.5%) combined with nitrous oxide (60 +/- 5%). Sufentanil (10 mcirog) was intravenously injected if indicated by


Description

This professionally prepared ebook is an electronic edition of the book that is designed for reading on digital readers like Nook, Kindle, iPad, Sony Reader, and other products including iPhone and Android smart phones. The text reflows depending on your font preferences and it contains links from navigation.

"The characteristic feature of this age of destructive wars and social disintegration is the revolt against economics."

So says Ludwig von Mises in his most thorough defense of the method and scope of economic science. In this treatise, he argues that the core intellectual errors of statism, socialism, protectionism, racism, irrationalism can be found in a revolt against economic logic and its special character.

What Mises identified persists to this day, as politicians, central bankers, intellectuals continue to deny that economic reality islet(:new_name)  { "New Name" }
      let(:new_email) { "new@example.com" }
      before do
        fill_in "Name",             with: new_name
        fill_in "Email",            with: new_email
        fill_in "Password",         with: user.password
        fill_in "Confirm Password", with: user.password
        click_button "Save changes"
      end

      it { should have_selector('title', text: new_name) }


       end

        describe "after signing in" do

          it "should render the desired protected page" do
            page.should have_selector('title', text: 'Edit user')
          end
        end
      end
    end

    describe "as wrong user" do
      let(:user) { FactoryGirl.create(:user) }
      let(:wrong_user) { FactoryGirl.create(:user, email: "wrong@example.com") }
      before { sign_in user }

      describe "visiting Users#edit page"John's answer that compiles and doesn't require you to use Commons IO:
private static void pipeOutput(Process process) {
    pipe(process.getErrorStream(), System.err);
    pipe(process.getInputStream(), System.out);
}

private static void pipe(final InputStream src, final PrintStream dest) {
    new Thread(new Runnable() {
        public void run() {
            try {
                byte[] buffer = new byte[1024];
                for (int n = 0; n != -1; n = src.read(buffer)) {


356 F.Supp. 59 (1973)
Aurora LUNA, Plaintiff,
v.
STAR OF INDIA, her engines, tackle, apparel and furniture, and Maritime Museum Association of San Diego, Defendant.
Civ. No. 72-353-GT.
United States District Court, S. D. California.
March 8, 1973.
*60 William F. Logan, San Diego, Cal., for plaintiff.
Arthur W. Jones, Jones, Tellam, Irving & Estes, San Diego, Cal., for defendant.

MEMORANDUM DECISION AND ORDER
GORDON THOMPSON, Jr., District Judge.
This action was brought by the plaintiff for injuries allegedly suffered when she slipped and fell on a stairway aboard the defendant Star of India (Star). The sole issue raised by the defendants' motion to dismiss is whether the suit properly lies within the admiralty jurisdiction of this Court. It is admitted that there is no diversity jurisdiction under 28 U.S.C. § 1332.

I
The following facts are essentially undisputed. The defendanton the premises. It is alleged that the plaintiff fell as she was descending the metal stairway leading from the top of the starboard rail to the quarter deck. This was the only regularly maintained access from shore. It is not clear why the plaintiff fell or what the extent of her injuries happen to be.

II
Since there was no dispute that the alleged negligence and injury both occurred aboard the Star of India, we are not presented with the "metaphysical" *61 task of determining the "locality" of the tort. See Peytavin v. Government Employees Insurance Co., 453 F.2d 1121, 1122-1124 (5th Cir. 1972), and cases cited therein. The locality was admittedly maritime since the Star was afloat on navigable waters at the time in question, i. e., San


Diego Bay.
Nevertheless, the defendants urge the Court to reject admiralty jurisdiction in this case, since the plaintiff has allegedly failed to demonstrate a sufficient maritime "nexus" between her injury and the ordinary concerns of the laws of admiralty. It is argued that such a maritime nexus, or connection, is necessary, in addition to maritime locality, to warrant the invocation of admiralty tort jurisdiction. This is the so-called "locality plus" test, which has been adopted by at least two other Circuits, Chapman v. City of Grosse Pointe Farms, 385 F.2d 962 (6th Cir. 1967), and Peytavin v. Government Employees Insurance Co., supra, as well as two District Courts, McGuire v. City of New York, 192 F.Supp. 866 (S.D.N.Y.1961) and Smith v. Guerrant, 290 F.Supp. 111, 113 (S.D.Tex., Galveston Div.,whether the High Seas Act applied to airplanes which are flying over the ocean rather than navigating on it. In resolving this issue, the Court employed the mechanics of the "locality" rule and concluded that if the decedent had been merely injured rather than killed, his suit would have fallen within the admiralty jurisdiction, since:
"In applying the `locality' test for admiralty jurisdiction the tort is deemed to occur, not where the wrongful act or omission had its inception, but where the impact of the act or omission produces such injury as to give rise to a cause of action." [Citing The Plymouth, 70 U.S. (3 Wall.) 20, 18 L.Ed. 125 (1865).] 121 F. Supp. at 92.
However, the later Ninth Circuit case of Higa v. Transocean Airlines, 230 F.2d


780 (1955), apparently arising out of the same airplane crash as Wilson, indicates that this additional discussion of locality was probably unnecessary to establish admiralty jurisdiction. For the Circuit Court in Higa, after concluding that the legislative history required that actions based on the Death on the High Seas Act be brought only in the federal courts sitting in admiralty, went on to observe:
"Our disposition of this case makes unnecessary the determination whether the High Seas Act applies to airplanes which are not in any way water navigating vessels." 230 F.2d at 786.
In any event, the confusion generated by plane crashes into navigable waters has now been largely resolved by the recent Supreme Court case of Executive Jet Aviation v. City of Cleveland, 409 U.S. 249, 93 S.Ct.here determined that jurisdiction may not be based solely on the locality criteria. A relationship must exist between the wrong and some maritime service, navigation or commerce on navigable waters. Absent such a relationship, admiralty jurisdiction would depend entirely on the fact that a tort occurred on navigable waters; a fact which in and of itself, in light of the historical justification for a federal admiralty jurisdiction, is quite immaterial to any meaningful invocation of the jurisdiction of admiralty courts." 385 F.2d at 966.

III
Notwithstanding the foregoing conclusion that the "locality plus" test appropriately governs here, the question remains whether the plaintiff has alleged a sufficient maritime nexus to bring her suit within the ambit of admiralty jurisdiction. If so, this Court may still entertain her cause of action.


of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on water." (Emphasis supplied.)
The Association argues that despite her numerous circumnavigations of the globe, the Star has been withdrawn from commerce for some 40 years and has recently been exempted from compliance with the inspection and navigation laws by the Coast Guard, in view of the owner's express intent to maintain her as a maritime museum.
It is true that on March 26, 1969, the local Coast Guard Officer in Charge of Marine Inspections issued a letter to the Association expressing his opinion that:
"[T]he Star of India qualifies as `substantially a land structure' since it is established that the moorings cannot be inadvertently or accidently [sic] cast off, that it would1 U.S.C. § 3 (emphasis added).
It is significant to note that in those other cases where one or another floating object has been held not to be a "vessel," the structure has been either constructed especially for a purpose other than navigation, Evansville Co. v. Chero Cola Co., 271 U.S. 19, 46 S.Ct. 379, 70 L.Ed. 805 (1925), a ("wharfboat" built primarily as an office, warehouse and wharf), but see, Petition of Kansas City Bridge Co., 19 F. Supp. 419 (W.D.Mo.W.D.1937), or has been extensively modified for a non-maritime purpose, Hayford v. Doussony, 32 F.2d 605 (5th Cir. 1929), (old gunboat converted and refitted as amusement and dance barge).
In Evansville Co. v. Chero Cola Co., supra, Justice Butler observed that the wharf-boat there in question
"performed no function that


might not have been performed as well by an appropriate structure on the land and by a floating stage or platform permanently attached to the land." 271 U.S. at 22, 46 S.Ct. at 380.
This language was echoed by Circuit Judge Walker in Hayford v. Doussony, supra, where he found that the dance barge "performed no function that might not have been performed as well by a floating stage or platform permanently attached to the land." 32 F.2d at 605.
The Court is unable to find that the Star of India falls within the above language. For although she does house certain maritime artifacts that would warrant calling her a "museum" in the broadest sense of the term, her primary purpose and function lies in making *66 available to theinspecting the lofty rigging of this old sea voyager. Obviously no floating stage or platform could similarly perform this important function of bringing to life a significant era of American history. The Court is convinced that the facts of this case more closely parallel that of The Showboat, 47 F.2d 286 (D. Mass.1930), wherein District Judge Morton considered the status of another retired sailing vessel in terms of the statutory definition in 1 U.S.C. § 3:
"Of course each case depends on its particular facts; and structures shade off from what is obviously a vessel to what is obviously not. Here we have a five masted schooner, which, if the sails which are now on board were bent on, the booms being arranged to swing over the house, could