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[ "Clinical differentiation between lethal catatonia and neuroleptic malignant syndrome.", "\nLethal catatonia, a syndrome described several decades before the advent of neuroleptic drugs, has been regarded by many investigators as clinically similar to, and perhaps indistinguishable from, neuroleptic malignant syndrome. ", "However, published case reports of the two syndromes indicate differences in mode of onset, signs and symptoms, and outcome. ", "Lethal catatonia often begins with extreme psychotic excitement, which, if persistent, can lead to fever, exhaustion, and death. ", "Neuroleptic malignant syndrome begins with severe extrapyramidally induced muscle rigidity. ", "Because lethal catatonia often requires neuroleptic treatment and neuroleptic malignant syndrome necessitates immediate cessation of neuroleptics, their early clinical differentiation is important." ]
{ "pile_set_name": "PubMed Abstracts" }
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0.00482
6
[ "/* LibTomCrypt, modular cryptographic library -- Tom St Denis */\n/* SPDX-License-Identifier: Unlicense */\n#include \"tomcrypt_private.h\"\n\n#ifdef LTC_DER\n\ntypedef struct {\n enum ltc_oid_id id;\n const char* oid;\n} oid_table_entry;\n\nstatic const oid_table_entry pka_oids[] = {\n { PKA_RSA, \"1.2.840.113549.1.1.1\" },\n { PKA_DSA, \"1.2.840.10040.4.1\" },\n { PKA_EC, \"1.2.840.10045.2.1\" },\n { PKA_EC_PRIMEF, \"1.2.840.10045.1.1\" },\n { PKA_X25519, \"1.3.101.110\" },\n { PKA_ED25519, \"1.3.101.112\" },\n};\n\n/*\n Returns the OID requested.", "\n @return CRYPT_OK if valid\n*/\nint pk_get_oid(enum ltc_oid_id id, const char **st)\n{\n unsigned int i;\n LTC_ARGCHK(st !", "= NULL);\n for (i = 0; i < sizeof(pka_oids)/sizeof(pka_oids[0]); ++i) {\n if (pka_oids[i].id == id) {\n *st = pka_oids[i].oid;\n return CRYPT_OK;\n }\n }\n return CRYPT_INVALID_ARG;\n}\n#endif\n" ]
{ "pile_set_name": "Github" }
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[ "Tuesday, January 06, 2009\n\nRosario Marchese on CUPE 3903 strike\n\nJust got this from Rosario Marchese (NDP MPP for Trinity-Spadina and Education Critic). ", "It seems that the NDP will not be supporting back-to-work legislation any time soon.", "\n\nDear Adam Rawlings,\n\nOntario New Democrats acknowledge and appreciate the genuine concerns of all those affected by the strike of CUPE 3903 workers at York University.", "\n\nStudents and their parents are concerned that the strike will have a significant impact upon the education of the students.", "\n\nThe Teaching Assistants, Graduate Assistants and Contract Faculty are seeking fair compensation for the work they do along with some measure of job security. ", "Teaching Assistants earn under $17 000 per year and Graduate Assistants make less than $10 000.Any scholarships or awards are subject to a claw back and they are not allowed to work outside the university. ", "This means they must survive solely on what they are paid bythe university.", "\n\nThe 900 Contract Faculty plan and teach courses, give lectures and mark assignments for which they receive under $14 000 per full year course compared to the $250,000+ paid to university administrators, not tomention residence and car allowances, club memberships, guaranteed bonuses and leave payouts.", "\n\nThe striking workers do more than 50% of the teaching at York University. ", "Many pay tuition and all have to eat and pay rent. ", "The University's latest offer adds up to less than the cost of living.", "\n\nOntario New Democrats are concerned that hiring part time workers at low wages has become a deliberate strategy on the part of York University and the government and that it is essentially unfair and short sighted.", "\n\nBinding arbitration is often seen as an easy way out but in fact the possibility of binding arbitration often serves as an impediment to meaningful negotiations.", "\n\nThe NDP believes that the long term interests of the workers and the students are best served by a fair and equitable agreement negotiated by both parties through free and open collective bargaining. ", "We believethat it is the responsibility of the government to encourage and facilitate such bargaining and to provide the funding that is required.", "\n\nWe want to see the students go back to their classes: Classes that are taught by workers who are treated fairly and compensated adequately." ]
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0.000959
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[ "/*\n * Copyright (c) 2000, 2003, Oracle and/or its affiliates. ", "All rights reserved.", "\n * DO NOT ALTER OR REMOVE COPYRIGHT NOTICES OR THIS FILE HEADER.", "\n *\n * This code is free software; you can redistribute it and/or modify it\n * under the terms of the GNU General Public License version 2 only, as\n * published by the Free Software Foundation. ", " Oracle designates this\n * particular file as subject to the \"Classpath\" exception as provided\n * by Oracle in the LICENSE file that accompanied this code.", "\n *\n * This code is distributed in the hope that it will be useful, but WITHOUT\n * ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or\n * FITNESS FOR A PARTICULAR PURPOSE. ", " See the GNU General Public License\n * version 2 for more details (a copy is included in the LICENSE file that\n * accompanied this code).", "\n *\n * You should have received a copy of the GNU General Public License version\n * 2 along with this work; if not, write to the Free Software Foundation,\n * Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA.", "\n *\n * Please contact Oracle, 500 Oracle Parkway, Redwood Shores, CA 94065 USA\n * or visit www.oracle.com if you need additional information or have any\n * questions.", "\n */\n\npackage com.sun.corba.se.impl.encoding;\n\nimport java.nio.", "ByteBuffer;\nimport com.sun.corba.se.impl.encoding.", "ByteBufferWithInfo;\nimport com.sun.corba.se.impl.protocol.giopmsgheaders.", "FragmentMessage;\nimport com.sun.corba.se.impl.protocol.giopmsgheaders.", "Message;\n\npublic interface BufferManagerRead\n{\n /**\n * Case: Called from ReaderThread on complete message or fragments.", "\n * The given buf may be entire message or a fragment.", "\n *\n * The ReaderThread finds the ReadBufferManager instance either in\n * in a fragment map (when collecting - GIOP 1.2 phase 1) or\n * in an active server requests map (when streaming - GIOP 1.2 phase 2).", "\n *\n * As a model for implementation see IIOPInputStream's\n * constructor of the same name. ", "There are going to be some variations.", "\n *\n */\n\n public void processFragment ( ByteBuffer byteBuffer,\n FragmentMessage header);\n\n\n /**\n * Case: called from CDRInputStream constructor before unmarshaling.", "\n *\n * Does:\n *\n * this.bufQ.get()\n *\n * If streaming then sync on bufQ and wait if empty.", "\n */\n\n\n /**\n * Case: called from CDRInputStream.grow.", "\n *\n * Does:\n *\n * this.bufQ.get()\n *\n * If streaming then sync on bufQ and wait if empty.", "\n */\n\n public ByteBufferWithInfo underflow (ByteBufferWithInfo bbwi);\n\n /**\n * Called once after creating this buffer manager and before\n * it begins processing.", "\n */\n public void init(Message header);\n\n /**\n * Returns the mark/reset handler for this stream.", "\n */\n public MarkAndResetHandler getMarkAndResetHandler();\n\n /*\n * Signals that the processing be cancelled.", "\n */\n public void cancelProcessing(int requestId);\n\n /*\n * Close BufferManagerRead and perform any oustanding cleanup.", "\n */\n public void close(ByteBufferWithInfo bbwi);\n}\n" ]
{ "pile_set_name": "Github" }
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0.001522
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[ "Key Focus Points for Bond-Fund Investors\n\nChristine Benz: Hi, I'm Christine Benz for Morningstar. ", "Many investors are familiar with how to analyze their equity holdings, but fewer have a comfort level with analyzing their bond holdings. ", "Joining me to discuss some key data points to focus on is Eric Jacobson; he is director of fixed-income research for Morningstar.", "\n\nEric, thank you so much for being here.", "\n\nEric Jacobson: Great to be with you Christine.", "\n\nBenz: Eric, if I am a time-pressed individual, and I'm attempting to make sense of my bond fund or prospective bond fund, what are the key data points that you would urge me to home in on as I look across the data that's available on Morningstar.com?", "\n\nJacobson: Well, these will be familiar to any folks that have already done a little bit of a digging on their own, but they are crucial to mention of course. ", "Number one is interest-rate risk. ", "We always look at that as one of the first screens for bond funds, and normally, the easiest and best way to do that is to take a look at what the duration of the fund is. ", "And generally speaking duration is an estimate that you can use to figure out how much your fund will either lose or gain if interest rates move a certain amount. ", "So, for example, if you have a duration of five years, and interest rates move by 1%, you multiply the two together and you figure out that if interest rates rise by 1%, you'd expect the fund to lose 5% and vice versa. ", "If interest rates were to fall 1%, you would expect the fund to rise 5%. ", "It's crucial though that I mention it's an estimate. ", "It works well for some kinds of funds better than others, and depending on how the fund company calculates it that there can be slight differences. ", "So, you might find a period where it doesn't work out exactly, but it's a good tool to help you figure out at least what framework you're in.", "\n\nBenz: Roughly, Eric, for which fund types is duration most useful, and where should I really discount heavily because it's not going to be a super useful figure for me?", "\n\nJacobson: That's a great point. ", "It's going to be most useful for funds that are most like Treasuries. ", "So, in other words, government funds and hopefully even government funds with mortgages, though it's a very difficult thing to calculate, and duration can move around a lot with mortgage funds. ", "But generally speaking [duration is most useful for] really high-quality funds. ", "To some degree with municipals, you can rely on it, but again municipals are not exactly like Treasuries. ", "So, it's not a perfect way to measure it.", "\n\nOnce you get out of that sphere, and you're into something where there is a lot more credit risk, like high yield for example, duration is a lot less meaningful and important at least in terms of telling you what's going to happen when interest rates move. ", "All things being equal, a longer-duration high-yield fund will still be more market-sensitive than a shorter-duration one, but it might not really move much when Treasury yields move.", "\n\nJacobson: Sure. ", "Well, the next big one of course is going to be credit risk, and what we tend to do is look at how a fund is broken down by credit category. ", "Now, you've probably heard a lot of managers talk before about how they don't really trust the rating agencies and they do a lot of their own internal credit work. ", "That's all perhaps true, but you can still look at the third-party ratings that a fund gets, or perhaps doesn't get if you have nonrated holdings, to at least gauge roughly how much credit risk your fund is taking.", "\n\nIt's especially valuable if you're looking for a core fund, and it's supposed to be a relatively high-quality fund. ", "But you notice, for example, that there are a lot of securities, a large percentage, for example, in the BBB sector. ", "Now, that BBB is going to be the lowest of the high-quality sectors. ", "It's almost down to junk level. ", "It doesn't mean you own a junk-bond fund necessarily, but it's a signal to you that this isn't a government fund. ", "It shouldn't be used as a substitute for a government fund. ", "And you need to be aware that it's going be taking on more credit risk than say a fund that has all government securities or say 70% in AA for example.", "\n\nBenz: Once you've gotten your arms around the key aspects of the Morningstar Fixed-Income Style Box, what would the next data points that one should focus on be?", "\n\nJacobson: There a lot of places you can go from here on, but if you're just looking to do sort of a quick hit and figure out what's going on with the fund at the high level, my next thing would be to try and look and see how the fund performed during recent prior crises.", "\n\nSo, for example, what happened to the fund that you're looking at during 2008? ", "In many cases what you'll find is that funds that did really well after the crisis did very poorly during the crisis. ", "That's something you might want to dig into a little further. ", "It may be that the manager has changed. ", "It may be that the fund's strategy has changed since then. ", "We've seen a lot of that happen, of course. ", "But if the fund hasn't changed either of those things, and it says, \"This is the kind of risk we take,\" you don't necessarily have to be thinking, \"Oh, we're going to face another 2008,\" but at least it does help you see what some of the worst-case scenarios are.", "\n\n<TRANSCRIPT>\n\nBenz: If I'm looking at a fund's portfolio, Eric, are there any disclosures or bits of information that automatically are red flags to investors, something that would highlight that there is some risk going on in the portfolio that I should be paying attention to?", "\n\nJacobson: I'dqualify this by saying these aren't always extremely bad things to find. ", "This is often a tough thing to figure out, but if you look at the schedule of investments, and you see that a fund has more in total investments than it has in net assets, that's an indication that the fund might be using leverage.", "\n\nLeverage essentially is like margin borrowing. ", "It can accentuate both the ups and the downs in your portfolio. ", "Like I said, it's not automatically a bad thing, especially if it's only a few percentage points; there might be a lot of good reason to use it especially right now when the short-term interest rates are very low. ", "But if you see a case where the total assets are say 120%, 130%, or 140% of your net assets, that's an indicator that there is extra risk in the portfolio, and you want to hopefully see that the manager has explained why he or she is doing that, somewhere else in their annual report, their semi-annual report, or what have you.", "\n\nBenz: How clearly are funds required to disclose that information? ", "Do you have to do your own digging to find out if they're using leverage or is there a certain threshold over which they have to disclose it to shareholders?", "\n\nJacobson: That's a really timely question because the fact is it has to be disclosed numerically. ", "It has to be in the accounting statements. ", "That's why, for example, I suggested you actually look at total assets versus net assets, but it doesn't necessarily, at this point, have to be anything they mention in the text. ", "And the reason I say it's timely is because Oppenheimer Funds just settled with the SEC over something that happened during the financial crisis, and the company specifically mentioned the fact that the fund was using a leverage and didn't talk about it with its investors. ", "So, unfortunately, you do to have to dig in a little bit for that, and, unfortunately, there are more ways than one that you can have leverage develop in the fund.", "\n\nBenz: In addition to looking for leverage, are there any other signals that I should look for in an effort to determine if there are extra risks embedded in a given portfolio?", "\n\nJacobson: Yes, and again this falls under the rubric of not automatically a bad thing. ", "But something to be aware of is if you look at these statements of investments and you see after that that there are a lot of derivatives in the portfolio--now, we're talking about credit default swaps in particular interest-rate swaps perhaps and also currency swaps in futures--some of those things might be very reasonable to be in the portfolio. ", "Lots of managers today use interest-rate swaps to manage the duration of a fund, or they use currency either swaps or futures in order to hedge risks say for example if they buy a bond in the United Kingdom or in the eurozone and they want to eliminate the currency risk. ", "But by and large, if you go down there, and you see that there a lot of swaps or a lot of credit default swaps in particular, you hopefully are going to have some mention of that in the other disclosures that the fund is making to help explain to you what [the managers] doing there and why. ", "This is because if the managers are using lots and lots of those, they can, again, be developing a type of leverage in the portfolio that you might not otherwise know about.", "\n\nBenz: Would some of these swaps be clearly disclosed? ", "Would they be labeled as such, or would they have other arcane names that might not say \"credit default swap\"?", "\n\nJacobson: Well, it's good news, bad news. ", "The names themselves are going to be typically very arcane and have abbreviations and what have you, and you may not be able to tell just from the name itself what it is. ", "But it will usually be classified under a list that says these are credit default swaps. ", "These are either the purchase or the sale of protection, which can help you understand whether or not essentially it's a long bet that adds market exposure or a short type of bet that actually takes away market exposure.", "\n\nBenz: In talking to you, Eric, it's pretty clear that there are some disclosures in fund portfolios that are a little bit arcane, a little bit difficult to figure out, if you are not steeped in this type of research as you are. ", "Are there any disclosures that you think fund companies could be doing better, or are there any firms that you would hold out as good examples of good disclosure of complicated investment types?", "\n\nJacobson: Well, I think that almost every firm has a lot of room to improve, but let me just say that pretty obviously I think that they should be disclosing more and talking more about leverage in all cases. ", "What I really would like to see many of them do is, let's say they are using those interest-rate swaps or they are using a lot of derivatives whether the credit default swaps or others, do a better job of listing them, disclosing them, and helping their investors understand what they mean. ", "It may not be enough. ", "It isn't frankly enough just to do the list the way that the accounting rule is required. ", "You need to have more tables, more graphs, and more explanation. ", "The bottom line is the data has to be useful.", "\n\nAnd ultimately what I would say is fund companies should tell your investor what you would tell your mother. ", "It sounds like a fairly simple and silly way to put it perhaps, but it's crucial and that's the test that they ought to be looking at.", "\n\nYou asked me what some of the firms are that do a good job. ", "Lately, we've been particularly impressed by a lot of the disclosure that JPMorgan funds has made for some of its portfolios [that have] really complicated strategies in, for example, JPMorgan Strategic Income Opportunities, which is sort of an absolute return, nontraditional bond fund. ", "But that's a portfolio where the company is having monthly conference calls. ", "It is also putting out lots of monthly data. ", "Some of it's pretty complicated. ", "It might not be for everyone. ", "But at the very least, it shows a lot of respect for their investors and a willingness to show a lot of data and information and package it in ways that might be more useful.", "\n\nBenz: Eric, well, thank you so much for being here, sharing some ideas of ways that funds could improve in terms of disclosure and also some ways that investors can do their homework. ", "Thank you so much for being here.", "\n\nFollowing a first quarter that saw riskier assets outperform, and a second quarter marked by a flight to Treasuries, investors would do well to review the suitability of their current portfolio allocations, says Morningstar's director of fixed-income research.", "\n\nThis article represents opinions of the author and not those of his firm and are subject to change from time to time and do not constitute a recommendation to purchase and sale any security nor to engage in any particular investment strategy. ", "The information contained here has been obtained from ...\n\nThis article represents opinions of the author and not those of his firm and are subject to change from time to time and do not constitute a recommendation to purchase and sale any security nor to engage in any particular investment strategy. ", "The information contained here has been obtained from ..." ]
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0.001588
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[ "All relevant data are within the paper.", "\n\nIntroduction {#sec001}\n============\n\nRecently, with the development of urbanization and intensified grazing, degradation has become more and more severe in the Tibetan Plateau \\[[@pone.0156146.ref001]\\]. ", "Despite being as \"the third pole of the earth\" (average elevation 4000 m a.s.l.) ", "\\[[@pone.0156146.ref002]\\] and the youngest plateau in the world, which extends over 2.5 million km^2^ (almost a quarter of the size of China or the United States of America) \\[[@pone.0156146.ref003]--[@pone.0156146.ref005]\\], the plateau receives less attention than their counterparts in the boreal and tropical regions \\[[@pone.0156146.ref006]\\]. ", "Though the world's highest grassland was found in the Chang Tang Plateau (including Nagchu and Ali prefectures with an average elevation of over 4500 m, and it covers approximately 600 000 km^2^) on the Tibetan plateau \\[[@pone.0156146.ref007]\\], most previous studies on these places were focused on the plateau meadow. ", "77.1% of the total area degraded in this region due to overgrazing \\[[@pone.0156146.ref008]\\]. ", "Recovering these degraded grassland is extremely urgent, because of its important ecological values and economic values.", "\n\nDegradation has reduced the proportion of forage grasses \\[[@pone.0156146.ref009]\\], contributed to the ssssdecline of biomass \\[[@pone.0156146.ref010],[@pone.0156146.ref011]\\], and decreased the proportion of reproductive females \\[[@pone.0156146.ref011]\\]. ", "One of the most important factor of degradation is overgrazing. ", "In the alpine meadow, some studies have found that long-term grazing could cause an increase in pH \\[[@pone.0156146.ref012]\\], which considerably effect the availability of plant nutrients. ", "Soil organic matter would also decrease by 0--10 cm with the increase of grazing \\[[@pone.0156146.ref013]\\].With the increase of the population and livestock, it is infeasible to prohibit grazing of the entire plateau. ", "In the Tibetan Plateau, low levels of N and P may have limited the increase of aboveground biomass \\[[@pone.0156146.ref014]\\]. ", "According to Liebig's law of the minimum, the scarcest resource that the plant needs is its most limiting factor \\[[@pone.0156146.ref015]\\]. ", "Fertilization can provide the necessary nutrients for plants and increase the grass yield \\[[@pone.0156146.ref016],[@pone.0156146.ref017]\\]. ", "Nitrogen and phosphorus are common essential elements and usually constrain plant productivity in most terrestrial ecosystems \\[[@pone.0156146.ref018]\\]. ", "And the addition of N may exacerbate P limitation to plant growth \\[[@pone.0156146.ref019]\\]. ", "While most studies have been conducted on alpine meadow \\[[@pone.0156146.ref020],[@pone.0156146.ref021]\\], little is known about the interactive effect of N and P on alpine steppe \\[[@pone.0156146.ref022]--[@pone.0156146.ref024]\\]. ", "Until now, the deposition of reactive N has doubled over the last century, and it is projected that N deposition would increase another two- or threefold in the coming decades \\[[@pone.0156146.ref018],[@pone.0156146.ref025]\\].", "\n\nCurrently, N & P fertilization is widely accepted to recover degraded pastures in other regions all over the world \\[[@pone.0156146.ref026]--[@pone.0156146.ref029]\\]. ", "Some studies have found that with adding nitrogen and phosphorus can increase shoot biomass and decrease the ration of roots after observing shoot biomass after 8 years \\[[@pone.0156146.ref021]\\]. ", "Studies also reported that nitrogen and phosphorus fertilization could increase biomass significantly and increase the proportion of Gramineae \\[[@pone.0156146.ref016],[@pone.0156146.ref030]\\] \\[[@pone.0156146.ref017]\\], although there are notable exceptions showed that increased N does not always result in an increment of aboveground biomass \\[[@pone.0156146.ref031]\\]. ", "These differences may correlated with various plant species \\[[@pone.0156146.ref032]\\] and ecosystem types.", "\n\nIn this study, we focus on two typical steppe, one is dominated by *Stipa purpurea* and the other is dormnated by *L*. *", "leontopodioide*. ", "We aim to answer the following questions: 1) How do alpine steppe communities respond to N & P fertilization? ", "2) What dosage is effective and economical, in the perspective of forage production? ", "3) Whether there exist any difference between the two typical steppes after N & P fertilizer addition? ", "4) And whether there are interaction between N and P fertilization? ", "The findings of this study will shed light on the efficiency of fertilization in the recovery of the Tibetan Plateau steppe.", "\n\nMaterial and Methods {#sec002}\n====================\n\nStudy Site {#sec003}\n----------\n\nThe field experiment was conducted in alpine steppe at a mean altitude of 4678 m above sea level, which is located in Baingoin County (N31°26', E90°02') in northern Tibet. ", "The location is semiarid cold alpine steppe, and the soil is alpine steppe soil \\[[@pone.0156146.ref033]\\]. ", "According to the local observatory (31°22′N, 90°01′E, 4700 m), the annual sunshine duration is 3210.3 h, the mean annual temperature is -1.2°C with mean monthly temperatures ranging from -17.5°C in January to 14.7°C in July. ", "The annual precipitation ranges from 289 to 390 mm and has a mean value of 301.2 mm, which falls by 80% from June to September. ", "The annual evaporation is 1993.4 to 2104.3 mm.", "\n\nOn a 5.5° gentle slope, two sites were chosen. ", "No fertilizer had been applied in either site before this study. ", "Site I is dominated by the species of *Stipa purpurea*, accompanied with *Leontopodium leontopodioide* and *Heteropappus bowerii*. ", "In site II, the dominant species is *L*. *", "leontopodioide*, accompanied with *H*. *", "bowerii* and *S*. *", "purpurea*. ", "Site I and II were fenced with an area of 100 ×100 m to exclude large animals in July 2013.", "\n\nExperimental Design {#sec004}\n-------------------\n\nIdentical treatments were applied to site I and site II. ", "At each site, 60 5×5 m plots were laid out in a randomized design, and plots were separated by 2-meter buffer zones. ", "To avoid edge effects, each plot was placed at least 3 m inside each site. ", "There were 5 replicates for each of the 12 treatments which included 3 levels of N (N~0~: 0; N~1~: 7.5 gN.m^-2^.yr^-1^; N~2~: 15 gN.m^-2^.yr^-1^) and 4 levels of P (P~0~: 0; P~1~: 7.5 gP~2~O~5~.m^-2^.yr^-1^; P~2~: 15 gP~2~O~5~.m^-2^.yr^-1^; P~3~: 30 gP~2~O~5~.m^-2^.yr^-1^) as commercial fertilizers of urea and triple super-phosphate. ", "Fertilizers were applied evenly at different times: 1) initial growth season in July; 2) vigorous growth season in August.", "\n\nField sampling and measurements {#sec005}\n-------------------------------\n\nIn accordance with earlier studies, the total species were divided into 5 communities: Gramineae (including *S*. *", "purpurea*, *Poaannual*, *Festuca coelestis*), Compositae (including *L*. *", "leontopodioide*, *Heteropappus Puppyflower*), Cyperaceae (including *C*.*oxyleuca V*.*Krecz*, *Carex moorcroftii*, *Kobresia pygmaea*), Rosaceae (including *Potentilla bifurca Linn*., *", "Potentilla multifida*) and forbs (including *Sickle pod beans jujube*, *Rhodiola rosea L*., *", "Androsace mariae* and so on). ", "Since our preliminary analysis found no significant effects of N&P addition existed on the responses of Cyperaceae, Rosaceae and forbs, so we classified them together as other species in this study.", "\n\nAboveground vegetation was sampled twice in July and September in 2014 by clipping all plants at the soil surface of each plot. ", "To minimize the disturbance to vegetation and soil, we used 1×1 m square sampling plots to investigate the aboveground biomass repetitions \\[[@pone.0156146.ref034]\\]. ", "All of the plants samples were sorted to species, de-enzymed at 85°C for 30 min and oven-dried at 65°C until a constant weight was achieved. ", "Afterwards, the samples were weighed on an electronic scale (accurate to one hundredth of a gram). ", "The aboveground biomass was determined by adding the dry weight of each community in every plot.", "\n\nSoil samples were taken from the surface to a depth of 10 cm in early September, and were stored in a refrigerator at 4°C. ", "For each site, seven soil cores were collected using a 3-cm diameter soil auger and mixed in situ into one composite sample.", "\n\nSoil pH was measured with a soil to water ratio of 1:2.5; soil organic matter was determined by potassium dichromate oxidation \\[[@pone.0156146.ref035]\\]; total nitrogen (N) was determined by the Kjeldahl method \\[[@pone.0156146.ref036]\\]; and soil available nitrogen, total phosphorus and available phosphorus were measured by the methods of Miller and Keeney \\[[@pone.0156146.ref037]\\]. ", "Within 10 days of the colletion, the soil samples were extrated with a 2 M KCl solution, and ammonium (NH~4~^+^) concentration was measured by colorimetry on a SMARTCHEM 140 (Italy). ", "Concentration of extractable soil NH~4~^+^-N was expressed as milligrams per kilogram on the basis of dry soil mass. ", "Soil moisture was determined using the gravimetric method. ", "The soil samples were weighed before and after being oven-dried at 105°C for 48 h. All the properties of soil before fertolized are as below (**[Table 1](#pone.0156146.t001){ref-type=\"table\"}**).", "\n\n10.1371/journal.pone.0156146.t001\n\n###### Soil properties (means ±SEM) of site I and site II before treatment.", "\n\n![](", "pone.0156146.t001){#pone.0156146.t001g}\n\n Term Site Ⅰ Site Ⅱ\n --------------------------- ------------- ------------- ------------\n Soil property (0--10 cm) TC(g/Kg) 32.53±0.56 31.67±0.37\n TN(g/Kg) 1.65±0.09 7.51±0.00 \n TP(g/Kg) 0.62±001 1.71±0.00 \n AN(mg/Kg) 128.17±5.11 0.50±0.00 \n AP(mg/Kg) 4.96±0.25 131.27±8.25 \n pH 6.97±.01 4.55±0.18 \n Soil property (10--20 cm) TC(g/Kg) 18.80±0.69 26.11±0.23\n TN(g/Kg) 1.09±0.10 7.27±0.01 \n TP(g/Kg) 0.74±0.01 1.10±0.10 \n AN(mg/Kg) 77.30±2.60 045±0.16 \n AP(mg/Kg) 3.04±0.14 95.81±1.42 \n pH 7.04±0.01 4.55±0.14 \n\nNote: TC = soil organic matter, TN = total nitrogen, TP = total phosphorus, AN = available nitrogen, AP = available phosphorus.", "\n\nStatistical Analysis {#sec006}\n--------------------\n\nAll statistical analyses were performed using SPSS version 16.0 (SPSS Inc., Chicago, IL, USA) and Origin 8.0 (Origin Lab Corporation, USA). ", "ANCOVAs were performed to examine the significance of factors' effects and their interactions on the observed parameters. ", "Duncan's protected least significant difference test was applied to examine the quantitative differences between treatments. ", "Analyses across sites were performed using General Linear Model for N addition rate, P addition rate and their interaction as fixed-effects. ", "After that, no significant difference were found between the biomass among the 12 treatments in July, while the interaction of N addition and sampling sites had significant influence on biomass. ", "Thus, we ran additional analyses by ANOVA of the biomass in September for each site to determine the response of pattern and magnitude. ", "Regression models with N or P as a continuous variable were used to determine the general relationship between N or P addition and various response (i.e. to estimate threshold levels). ", "Those ANOVAS were followed by a Duncan's multiple-ranges test to compare the N-addition or P-addition effects for each rate.", "\n\nResults {#sec007}\n=======\n\nAboveground Biomass of Different N&P Addition Rate {#sec008}\n--------------------------------------------------\n\nANCOVAS of aboveground biomass, using sites, N addition, P addition and all their interactions as fixed factors, and biomass in July as covariate, showed that the effects of different sites was highly significant on biomass of Compositae, other species and total biomass ([Table 2](#pone.0156146.t002){ref-type=\"table\"}). ", "The average aboveground biomass of Compositae, other species and total biomass in site II was 171.2%, 248.0% and 103.4% higher compared to that in site I.\n\n10.1371/journal.pone.0156146.t002\n\n###### The significant of different sites, N and P to functional groups.", "\n\n![](", "pone.0156146.t002){#pone.0156146.t002g}\n\n Response Term Df F P\n ------------------ ----------------- -------- --------- ------\n Gramineae Biomass in July 1 .070 .792\n Site (S) 1 .451 .504 \n N--treatment (N) 2 9.255 \\< 0.01 \n P-treatent (P) 3 1.843 .147 \n S×N 2 .088 .916 \n S×P 3 .519 .670 \n N×P 6 .577 .747 \n S×N×P 6 .134 .991 \n Compositae Biomass in July 1 2.107 .151\n Site (S) 1 17.465 \\< 0.01 \n N--treatment (N) 2 5.852 \\< 0.01 \n P-treatent (P) 3 3.980 \\< 0.05 \n S×N 2 3.862 \\< 0.05 \n S×P 3 .366 .778 \n N×P 6 .706 .646 \n S×N×P 6 .593 .735 \n Other Biomass in July 1 .354 .554\n Site (S) 1 26.706 \\< 0.01 \n N--treatment (N) 2 1.316 .275 \n P-treatent (P) 3 2.110 .107 \n S×N 2 .954 .390 \n S×P 3 .725 .541 \n N×P 6 1.244 .295 \n S×N×P 6 .934 .476 \n Total Biomass in July 1 3.952 .051\n Site (S) 1 85.557 \\< 0.01 \n N--treatment (N) 2 20.750 \\< 0.01 \n P-treatent (P) 3 9.967 \\< 0.01 \n S×N 2 4.039 .022 \n S×P 3 1.535 .213 \n N×P 6 1.723 .128 \n S×N×P 6 .759 .604 \n\nNote: There are 71 degrees of freedom for error.", "\n\nAboveground biomass tended to increase significantly at all N addition rate in site II, while significant increase only exist in Gramineae and total biomass in site I. However, no significant increase was found in various species with different levels of P addition whereas the total biomass increase significantly ([Fig 1](#pone.0156146.g001){ref-type=\"fig\"}).", "\n\n![", "Difference of N&P rate on aboveground biomass of plant functional groups (error bars denote SEM).\\\nAboveground biomass for each plant functional group of each addition rate was the average of sixteen replicates of the four treatments for N addition, and twelve replicates of three treatments for P addition. ", "Bars with the same letter were not significantly different in Duncan's multiple range tests reported from ANOVA (*P* \\> 0.05). ", "For both site, regression parameters were estimated aboveground biomass using linear model with N or P treatment as a continuous preditor, i.e. Aboveground biomass = Intercept + Slope ×addition rate (N or P). ", "Significant differences are reported as ^\\*^, *P* \\< 0.05; ^\\*\\*^, *P* \\< 0.01.](pone.0156146.g001){#pone.0156146.g001}\n\nSite II (Gramineae biomass accounted for 19.33% of the total biomass with a range from 7.25% to 34.31%; Compositae biomass accounted for 58.42% of the total biomass with a range from 43.18% to 79.19%; biomass of other species accounted for 22.25% of the total biomass with a range from13.56% to 42.53%), dominant species is *L*. *", "leontopodioide*, has higher aboveground biomass of plant functional groups than site I except Gramineae (9.41% lower than site I). ", "The interactions between N, P and different sites were nonsignificant except the interaction between different sites and N addition rate for Compositae ([Table 2](#pone.0156146.t002){ref-type=\"table\"}). ", "In site II, aboveground biomass of all plant functional groups showed significant difference between control and N addition. ", "And there were linear correlation between N addition and biomass for Gramineae and total significantly. ", "And the rate of P application only had linear correlation with total biomass significantly in site II ([Fig 1](#pone.0156146.g001){ref-type=\"fig\"}).", "\n\nIn site I (Gramineae biomass accounted for 43.63% of the total biomass with a range from 29.09% to 56.30%; Compositae biomass accounted for 43.53% of the total biomass with a range from 40.22% to 57.5%; biomass of other species accounted for 12.84% of the total biomass with a range from5.24% to 24.46%), with the increasing of N addition rate, the biomass of Gramineae and total biomass showed highly significant increase (Gramineae: t^2^ = 0.218; total biomass: t^2^ = 0.199). ", "For different rate of P addition, only total biomass showed significant linear correlation with P rate (r^2^ = 0.101, significant) ([Fig 1](#pone.0156146.g001){ref-type=\"fig\"}).", "\n\nOur experiment in the Tibetan Plateau demonstrated that the qualitative effects of N&P addition were similar between the two sites, whereas the quantitative effects in site II was more significant. ", "When added N rate till 7.5 g m^-2^ yr^-1^, the effects showed significant compared to the control, and when added N rate at 15 g m^-2^ yr^-1^, the effects were same to the rate of 7.5 g m^-2^ yr^-1^. There was nonsignificant effects for P addition in site I for most plant except the total biomass, while the effects of P addition in site II was more significant, and the threshold was 7.5 g m^-2^ yr^-1^ for Compositae and total biomass, 15 g m^-2^ yr^-1^ for other species (the total biomass except Compositae and Gramineae). ", "Thus, throughout the study period, the Site II showed a more sensitiveresponse than site I.\n\nAboveground Biomass of Different Treatment {#sec009}\n------------------------------------------\n\nAcordinng to the above results, we took further analyses for different treatment in site I and site II. ", "For all the plant functional groups in the two sites, N or P added alone at higher rate hada decreasing tendency compared to the control (i.e. decrease: Gramineae in the two sites and other species in site I when P addition rate was 30 g m^-2^ yr^-1^, and other species in two sites and the total biomass in site II when N addition rate was 15 g m^-2^ yr^-1^). ", "Except the above treatment, the other treatment of N or P added alone also had nonsignificant effect compared to the control ([Fig 2](#pone.0156146.g002){ref-type=\"fig\"}).", "\n\n![", "Difference of different treatment on aboveground biomass of plant functional groups.\\\nAboveground biomass for each treatment was the average of four replicates (error bars denote SEM), and *P* (N\\*P) indicates the interaction between N and P addition.](pone.0156146.g002){#pone.0156146.g002}\n\nOur experiment showed that the combined addition of N and P was better than added alone, eventhough their quantitative effects varied substantially among different treatment.", "\n\nThe Ratio of Gramineae to Compositae {#sec010}\n------------------------------------\n\nThe ratio of Gramineae to Comositae could represent the quality of grassland at some aspect, since livestocks (i.e. sheep and yak) like to feed on Gramineaerather than Compositae. ", "In site I wherethe biomass of Gramineae was more than Compositae, we didn't find any significant difference between different N or P level, while wefound there was a higher ratio when N addition rate was 7.5 g m-2 yr-1 and P addition rate was 7.5 or 15 g m-2 yr-1 compared to the control ([Fig 3](#pone.0156146.g003){ref-type=\"fig\"}).", "\n\n![", "Ratio of Gramineae to Compositae (error bars denote SEM).\\\nMedium pattern with grey back indicates the ratio of different N level, and the only grey back indicates the ratio of different P level.](pone.0156146.g003){#pone.0156146.g003}\n\nIn site II where the biomass ofGramineae was less than Compositae, our experiment results showed that the increament of P addition rate could decrease the relative quality in the total biomass significantly. ", "And the N level of 15 g m-2 yr-1 could increase the ratio of Gramineae, though it was nonsignificant ([Fig 3](#pone.0156146.g003){ref-type=\"fig\"}).", "\n\nThe Physical and Chemical Properties of Soil {#sec011}\n--------------------------------------------\n\nThe quality of the steppe in site I was better than site II, beause there was more Gramineae. ", "We had further analysis for the physical and chemical properities of the soil (0--10 cm) for site I. Our experiment showed that there were nonsignificant differences in the interaction of N and P for the soil physical and chemical properties based on our analyses. ", "Soil NH~4~^+^-N tended to increase significangtly at all rates of N addition compared to the control. ", "Soil AP also had a highly significance at different P application levels compared to control, while P~3~ has significantly difference with P~1~ and P~2~. Our results also indicated that there was a decreasing tendency for pH with the increasing of N addition rate ([Fig 4](#pone.0156146.g004){ref-type=\"fig\"}).", "\n\n![", "The physical and chemical properties of soil in site I (error bars indicate SEM).\\\nSOM as soil organic matter, AP as available phosphorus, AK as available kalium.](pone.0156146.g004){#pone.0156146.g004}\n\nWe applied further analysis of multiple linear regression (MLR) between TB (total biomass), GB (Gramineae biomass), CB (Compositae biomass) and different properities of soil. ", "Three MLR models were developed for the predication of TB, GB and CB, respectively ([Table 3](#pone.0156146.t003){ref-type=\"table\"}).", "\n\n10.1371/journal.pone.0156146.t003\n\n###### Multiple linear regression between TB and properities of soil.", "\n\n![](", "pone.0156146.t003){#pone.0156146.t003g}\n\n GB CB TB moi NH4+-N SOM AP AK\n -------- --------------------------------------------- --------------------------------------------- --------------------------------------------- --------------------------------------------- -------------------------------------------- ------------------------------------------- ---------------------------------------------- -------\n moi .045 -.119 -.069 \n NH4+-N .454[\\*\\*](#t003fn002){ref-type=\"table-fn\"} .174 .254[\\*](#t003fn001){ref-type=\"table-fn\"} .051 \n SOM -.157 .011 -.079 .477[\\*\\*](#t003fn002){ref-type=\"table-fn\"} -.097 \n AP .156 .353[\\*\\*](#t003fn002){ref-type=\"table-fn\"} .430[\\*\\*](#t003fn002){ref-type=\"table-fn\"} .089 .149 -.073 \n AK .048 -.047 -.115 .331[\\*](#t003fn001){ref-type=\"table-fn\"} .037 .415[\\*](#t003fn001){ref-type=\"table-fn\"} .037 \n pH -.074 -.229 -.244[\\*](#t003fn001){ref-type=\"table-fn\"} -.317[\\*](#t003fn001){ref-type=\"table-fn\"} -.254[\\*](#t003fn001){ref-type=\"table-fn\"} -.108 -.364[\\*\\*](#t003fn002){ref-type=\"table-fn\"} -.179\n\n\\*P \\< 0.05\n\n\\*\\*P \\< 0.01, GB as Gramineae's biomass, CB as Compositae's biomass, TB as total biomass, moi as the moisture of soil, SOM as soil organic matter, AP as the available phosphorus in soil, and AK as the available kalium in soil.", "\n\nThe models obtained were the following: $$TB = 44.285 + 0.720 \\times c(\\text{AP})\\left( \\text{R}^{2} = 0.185,\\ \\text{t} = 3.199,P = 0.003 \\right)$$ $$GB = 18.393 + 0.716 \\times c({NH}_{4}^{\\ +} - N)\\left( \\text{R}^{2} = 0.206,\\ \\text{t} = 3.455,P = 0.001 \\right)$$ $$CB = 17..113 + 0.442 \\times c(AP)\\left( \\text{R}^{2} = 0.124,\\ \\text{t} = 2.557,P = 0.014 \\right)$$\n\nFor these models, only the explanatory variables which presented parameters with statistical significance were considered. ", "Forthe total biomass, the AP content showed significant influence, while other properities had nonsignificant influence on the total biomass. ", "The content of NH~4~^+^-N had a significant influence on the biomass of Gramineae. ", "The same to total biomass, content of AP had a sigificant influence on the biomass of Compositae.", "\n\nFor the other soil properities, we could conclude that there were highly significant positive correlation between SOM and moisture, while there was a negative correlation between pH and AP. ", "There were significant correlation for moisture with AK and pH. There was negative correlation between content of NH~4~^+^-N and pH. We could also conclude that there was a higher content of AK with the increase of SOM.", "\n\nDiscussion {#sec012}\n==========\n\nIn spite of numerous efforts that have been undertaken to arrest land desertification in China, grassland degradation is advancing over wide areas through overgrazing, climate change, cropland misuse and unregulated collection of fuel and medical plants \\[[@pone.0156146.ref038]\\].", "\n\nOur results showed that the N or P addition could significantly increase the total biomass of the Tibetan Plateau steppe, while there were different responses among various plant functional groups. ", "In site I and site II, any application rates of N showed significantly increase of the biomass of Gramineae, while no significant increase were found with P addition. ", "Compositae showed nonsignificant difference at any addition rate of N or P in site I, while it was significant difference in site II. ", "The other species also has the same tendency with Compositae. ", "We can conclude that Gramineae tend to be more sensitive to N addition than P addition in spite of the dominant species. ", "This finding can also be demonstrated by the MLR's results. ", "Compositae only showed significant difference in site II where it is dominated. ", "The other species showed significant difference in site II, while it was nonsignificantin site I. These patterns suggest five conclusions. ", "First, N addition could significantly increase the biomass of Gramineae, which could improve the Tibetan Plateau steppe's quality.", "However, we didn't find strong evidence for critical threshold within the range tested here for Gramineae, maybe N addition rate was below this threshold and Gramineae need more nitrogen input, orhis may due to microbial and abiotic processes that outcompeted plants for excess N\\[[@pone.0156146.ref039]\\]. ", "Second, the Compostae could not show significant difference if it was not the dominate plant functional group or the biomass was lower than 43.53%. ", "And the higher level of N or P could decrease the biomass. ", "Third, other functional groups showed significant influence if its biomass overpassing 22.25% of the total biomass. ", "Forth, application of N (15 g m^-2^ yr^-1^) or P (30 g m^-2^ yr^-1^) alone had toxic effects. ", "Fifth, the difference observed between the two sites suggest that site-species dynamics modulate the impact of input of N or P \\[[@pone.0156146.ref039]\\].", "\n\nFertilization experiments provide effective ways of examining the nutritional status of ecosystems and have been conducted to test the effects of N addition on biomass \\[[@pone.0156146.ref039]\\]. ", "Our results showed that N and P, which are limited in the alpine meadow \\[[@pone.0156146.ref030]\\], are also limited elements in the Tibetan alpine steppe. ", "Some studies have shown that there are lower N/P and P levels compared to the whole terrestrial ecosystem of China \\[[@pone.0156146.ref014]\\], which was in accordance with our results. ", "It is reasonable to use this feature as an indicator for finding the balance between N and P because N: P stoichiometry indicates the nutrient balance from species to ecosystem level and is correlated to vegetation functioning and the physiological traits of plants \\[[@pone.0156146.ref040]\\]. ", "The N level was lower for Gramineae, and the P level was lower for Compositae. ", "Our results also demonstrated that there were different responses to different plant functional groups after fertilization, and this indicated that the effect of fertilization on resource allocation strategies was different among species \\[[@pone.0156146.ref041]\\].", "\n\nOur results found that the combination of N and P could enhance the recovery of degraded grassland. ", "However, the interaction between N and P was not significant. ", "This results was consistent with the results of other studies in Alpine meadow \\[[@pone.0156146.ref030]\\]. ", "It could because N or P element affects the absorbation and superession in the Tibetan Plateau.", "\n\nThere was nonsignificant influence on biomass for moisture, this tendency is not consistent with the findings of an ecosystem above 3750 m\\[[@pone.0156146.ref042]\\] and other ecosystems \\[[@pone.0156146.ref042],[@pone.0156146.ref043]\\], which found that moisture had positively correlated with biomass. ", "In our experiment site, the nutrients may be the essential limited factors for steppe recover. ", "And our results showed that moisture had positively correlated with SOM. ", "With the increasing of SOM, the soil structure will be ameliorated, which improve the soil porosity; on the other hand, the soil colloidal state can be changed to enhance the soil sorption ability \\[[@pone.0156146.ref044],[@pone.0156146.ref045]\\]. ", "The imporvement of SOM and moisture all could increase the available of K in our experiment. ", "The process of K^+^ release is initiated by a low K^+^ concentration in the soil solution and not by cation exchange \\[[@pone.0156146.ref046]\\]. ", "With increasing of release K+, plant could absorb more kalium. ", "And kalium enhances the uptake of water by the roots and the water economy of the plant in general. ", "This could explain the reason of the nonignificant influence of soil moisture on the biomas.", "\n\nOur results showed there was negatively correlation between AP, NH~4~^+^-N, soil moisture with pH, which indicated the application of fertilization initially acidified the soil. ", "This results showed that application of N or P fertilizer alonel decrease the quality and quantity of our experiment site. ", "It is well known that N fertilisers acidify soils \\[[@pone.0156146.ref047]\\], while the addition rate that acidify the soil was different in different ecosystems \\[[@pone.0156146.ref048],[@pone.0156146.ref049]\\].", "\n\nTo ameliorate the quality of steppe where Gramineae is the dominate species, 7.5 g N m^-2^ yr^-1^ and 15 g P~2~O~5~ m^-2^ yr^-1^ may be the optimal chioce, since higher addition rate could decrease the ratio of Gramineae to Compositae. ", "While 15 g N m^-2^ yr^-1^ additon was effective where Compositae is the dominate species. ", "And any application rate of P could decrease the quality of steppe in site II. ", "Compared to other communities, Gramineae had a more sensitive response and greater relative dominance because it has a higher nutrient use efficiency when there are sufficient nutrients, but a lower nutrient use efficiency when there are fewer nutrients available \\[[@pone.0156146.ref050]\\]. ", "Our results was in accordance with this hypothesis, and also replenish that the addition of P could decrease the relative dominance of Gramineae if it was on inferior position.", "\n\nConclusion {#sec013}\n==========\n\nOur study showed that N&P addition had all ameliorated the quality of the two sites in the Tibetan Plateau steppe. ", "N addition led to a large increment in Gramineae and total biomass in the two sites. ", "The addition of phosphorus fertiliser had different influence on the two sites due to the site-species. ", "We did not find strong evidence for critical threshold within 15 g.N m^-2^ yr^-1^, and there was decreasing tendency when P addition rate was above 15 g m^-2^ yr^-1^. The interaction between N and P was nonsignificant for most functional groups.", "\n\nThe author thank members of the College of Resources and Environment, Chinese Academy of Sciences. ", "Especially Associate Professor Haishan Niu, Dr. Ruicheng Li, Dr. Biao Zhang etc.", "\n\n[^1]: **Competing Interests:**The authors have declared that no competing interests exist\n\n[^2]: Conceived and designed the experiments: Shuping Wang Shiping Wang JD. ", "Performed the experiments: JD FW ZP NX GZ. ", "Analyzed the data: JD Shuping Wang. ", "Contributed reagents/materials/analysis tools: XC Shuping Wang Shiping Wang. ", "Wrote the paper: JD FW.", "\n" ]
{ "pile_set_name": "PubMed Central" }
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[ "How many people actually want to spend $150 million of city money on land and infrastructure for a D.C. United stadium at Buzzard Point? ", "It’s a question that’s been surprisingly hard to figure out; a January Washington Post poll, which showed around 60 percent opposed to the plan, was criticized for its wording here and elsewhere.", "\n\nWith the team on a fan lobbying blitz and the project blowing through deadlines, a new automated poll conducted by Public Policy Polling suggests that support for the financing plan may be more widespread than the earlier poll suggested.", "\n\nIn the new poll, funded by the D.C. Working Families coalition that launched last year, 49 percent of the 539 likely Democratic primary voters polled supported the city obtaining land for the stadium. ", "Forty-two percent opposed it, and 10 percent weren’t sure.", "\n\nHere’s the wording of the automated poll conducted on Feb. 4 and 5:\n\nNow I would like your opinion on some current issues. ", "There is a proposal to use up to $150 million in city funds to buy land where a new stadium can be built for the District’s Major League Soccer team, D.C. United. ", "The city would maintain ownership of the property and rent it to the team for $1 per year, while the soccer team would pay to construct the actual stadium. ", "Do you support or oppose this proposal?", "\n\nTwenty-three percent of the respondents strongly supported the plan, while 26 somewhat supported it. ", "Those who “somewhat” opposed the proposal and “strongly” opposed it were evenly split at 21 percent. ", "The poll had a margin of error of +/- 4.2 percent. (", "Check the bottom of LL’s post for demographic breakdowns on the stadium.)", "\n\nAmong the mayoral hopefuls, Ward 4 Councilmember Muriel Bowser has said she opposes trading the Reeves Center at 14th and U streets NW for some of the stadium land, while Ward 6 Councilmember Tommy Wells has said any deal needs to include affordable housing.", "\n\nD.C. Working Families director Delvone Michael says his group’s poll makes clear which direction primary voters are leaning on the stadium. “", "I think [mayoral candidates] should take away that it’s certainly something that they should support and get behind,” Michael says.", "\n\nAs for when councilmembers will actually see the proposed deal, city administrator Allen Lew said last week that the negotiators are “inching towards” obtaining the parcels of land needed.", "\n\nBelow, demographic breakdowns on stadium support.", "\n\nBy age:\n\nRace:\n\nPolitics:\n\nSex: Rendering courtesy of the Office of the City Administrator" ]
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[ "CHRISTIAN MANIFESTO FRANCIS SCHAEFFER EPUB\n\nOctober 10, 2018\n\nA Christian Manifesto has ratings and reviews. ", "In this explosive book , Francis Schaeffer shows why morality and freedom have crumbled in our. ", "6 quotes from A Christian Manifesto: ‘The basic problem of the Christians in this country in the last eighty years or so, in regard to society and in reg. “", "Direction of Endeavor for Chinese Christianity in the Construction of New China” , commonly For theologian Francis Schaeffer’s book A Christian Manifesto, see Francis Schaeffer. ", "For other manifestos by Christian groups, see Manifesto.", "\n\nBefore the manifesto, the Chinese Church majifesto separated church and state matters, but according to Oi, The Christian Manifesto marked a turning point in this regard.", "\n\nSchaeffer is correct when he writes about the separation of church and christian manifesto francis schaeffer and that the state should not seek to enter and influence the chrsitian of the church. ", "SchaefferA Christian Manifesto. ", "History, Theology, and Mission. ", "Just a moment while we sign you in to your Goodreads account. ", "Jan 27, Josiah Richardson rated it liked it Shelves: Theologically, The Christian Manifesto reflects upon Wu’s idea that the “Spirit of God” is discernible in the socio-political progress.", "\n\nA Christian Manifesto Quotes\n\nSome view the manifesto as a betrayal of the Church, while others find sympathy for the position of Chinese Christians struggling to reconcile their faith with the changed political realities. ", "War should be the absolute last resort for any dispute between countries. ", "Isn’t it interesting that the one law that seems to dominate our society is number eight on the list, and that is the law of private property. ", "The latter chapters deal with degrees of resistance.", "\n\nThere are scgaeffer the Bible tells us christian manifesto francis schaeffer do as absolutes christian manifesto francis schaeffer are sinful- which do not conform to the character of God. ", "Also read in December of The manifesto was intended for both domestic and foreign audiences.", "\n\nThe Christian Manifesto – Wikipedia\n\nBut through the centuries it has christian manifesto francis schaeffer great confusion between loyalty to the state and loyalty to Christ, between patriotism and being a Christian.", "\n\nTo say that the American Rebellion had Christian manifesto francis schaeffer foundations is also to miss the point because it was purely an economic rebellion. ", "Chrkstian NCC, which was the highest Protestant authority in the country, [27] also signed the manifesto. ", "It condemns missionary activities in China as a form of imperialismpledges loyalty to the communist leadership, and encourages the Church to take up an indigenous Chinese stance toward Christianity.", "\n\nRetrieved from ” https: After the declaration of the People’s Republic of China PRC inreligious life in mainland China was forced to adapt itself in relation to the new rulers. ", "But I would rate this book highly as well.", "\n\nA Christian Manifesto Quotes by Francis A. Schaeffer\n\nNevertheless, and this was most unfortunate, not long after Christianity’s coming to China, imperialism started its activities here; and since the principal groups of missionaries who brought Christianity to China all came themselves from these imperialistic countries, Christianity consciously or unconsciously, directly or indirectly, became related with imperialism.", "\n\nHowever, it is very much the case today, and many christian manifesto francis schaeffer can find themselves on the wrong side of a christian manifesto francis schaeffer suit simply by being in the wrong place at the wrong time.", "\n\nHe calls for a massive movement-in government, law, and all of life-to reestablish our Judeo-Christian foundation and turn the tide of moral decadence and loss of freedom.", "\n\nAs in North Korea, having a personal opinion is crimethink. ", "Scnaeffer fact, it is probably right in saying that our laws have become ambiguous when we hold private property far christian manifesto francis schaeffer everything else.", "\n\nThe way is narrow, but some will find mabifesto Jan 29, Larry rated it did not like it. ", "I would recommend this book to everyone who is looking for a balanced christian manifesto francis schaeffer of how a Christian is duty bound to support and hold their government accountable.", "\n\nFrom Wikipedia, the free encyclopedia. ", "However, in all of these instances with maybe the exception of war christian manifesto francis schaeffer state will vigorously examine each of these events to determine whether it has been sanctioned or not.", "\n\nThis page was last edited on 21 Mayat Sep 18, Tony Smith rated it really liked it. ", "In fact, many of the people in the United States at the time were against the rebellion.", "\n\nSchaeffer does a good job separating truth from the clutter. ", "To say it another way: Manicesto in Today’s China: That it wasn’t on a whim that the American Revolution took place but that it was christian manifesto francis schaeffer outworking of the Reformation.", "\n\nExamples for this include refusal christian manifesto francis schaeffer pay taxes, and refusal to disobey God’s Law as in, providing your children with a Christian education, should that be banned. ", "Books by Francis A. To see what your friends thought of this book, please sign up. ", "This book is a response chdistian humanism and its manifestos over the last century." ]
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[ "\n359 N.W.2d 790 (1984)\n218 Neb. 849\nSTATE of Nebraska, Appellee,\nv.\nJoel R. EVANS, Appellant.", "\nNo. ", "84-351.", "\nSupreme Court of Nebraska.", "\nDecember 21, 1984.", "\n*792 Gerald L. Soucie of Rehm & Bartling, Lincoln, for appellant.", "\nPaul L. Douglas, Atty. ", "Gen., and L. Jay Bartel, Lincoln, for appellee.", "\nKRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.", "\nBOSLAUGH, Justice.", "\nThe defendant, Joel R. Evans, has appealed from an order denying him post conviction relief.", "\nThe proceeding in the district court involved four separate cases. ", "The records in all of these cases demonstrate overwhelming evidence of defendant's guilt.", "\nThe information in case No. ", "43863 alleged two counts of robbery; two counts of use of a firearm in the commission of a felony; and one count of possession of a firearm by a felon. ", "The jury found the defendant guilty on all counts.", "\nCase No. ", "43868 involved one count of robbery. ", "Case No. ", "43870 involved one count of robbery and use of a firearm in the commission of a felony. ", "These cases were consolidated for trial, and the jury found the defendant guilty on all counts.", "\nCase No. ", "43869 involved one count of robbery and use of a firearm in the commission of a felony. ", "The defendant entered pleas of guilty in this case, and charges involving five other armed robberies were dismissed.", "\nThe defendant perfected appeals to this court in all four cases. ", "The record in each case was examined by this court and found to be free of prejudicial error. ", "Motions to withdraw filed by his counsel were sustained and the judgments affirmed on July 8, 1981.", "\nIn this proceeding the defendant contends that the trial court erred in failing to find (1) that the appellant was denied effective assistance of counsel; (2) that the appellant was incompetent at the time of the offenses and at trial; (3) that appellant's trials were tainted by identifications based on unnecessarily suggestive procedures; and (4) that the sentences imposed were cruel and unusual.", "\nIn case No. ", "43863 the record shows that at around 9 p.m. on April 27, 1980, the defendant entered Jack and Mary's Restaurant in Omaha, Nebraska. ", "He walked through the restaurant to a restroom, then came back to a counter in the front and handed Mary Wollen a note which stated: \"This is a robbery, don't be stupid.\" ", "Believing the defendant was pressing a gun to her side, Mrs. Wollen placed all the $5 bills that were in the cash register in a paper sack. ", "The defendant took the sack and then turned to a waitress, Elsie Smith, placed a short silver gun against her stomach, and demanded her tip money. ", "She gave him $10 to $15. ", "The defendant left through the front door, and as he ran out, was seen by Jack Wollen heading toward the Papio Creek.", "\nBased on a description of the robber given to police, a deputy sheriff stopped the defendant after he was seen crossing a field behind the restaurant. ", "The defendant was arrested, and when searched, a loaded.22-caliber chrome-plated handgun and $147.88, including a roll of $5 bills, were found in his possession. ", "The defendant was then taken back to Jack and Mary's, where he was separately identified by each of the Wollens. ", "Later that same evening, Elsie Smith identified the defendant in a four-man lineup.", "\n*793 At a conference prior to trial the trial judge explained to defendant his alternatives concerning a suppression hearing regarding the one-on-one showups and lineups involved; defendant and his counsel expressly waived any suppression of identification.", "\nIn case No. ", "43868 the robbery took place at Gorat's Steak House in Omaha, Nebraska, on April 25, 1980. ", "The defendant handed a note demanding money to the cashier, Marcella Gray, then ran out the front door with the money in a paper sack. ", "A customer, Robert Stultz, saw the defendant as he was running out. ", "Stultz identified the defendant at a preliminary hearing and in court at trial. ", "Gray identified the defendant at a three-man lineup, the preliminary hearing, and in court at trial.", "\nIn case No. ", "43870 the record shows that on April 17, 1980, at approximately 2:30 p.m., the defendant entered a Village Inn Pancake House in Omaha, Nebraska, and asked Marcelino Sanchez about a cook's job. ", "He then went into the restroom and returned to the counter, where he gave Sanchez a note demanding money and showed Sanchez a gun. ", "An employee, Judi Kirk, witnessed the robbery.", "\nSanchez identified the defendant at a three-man lineup. ", "He also identified the defendant at a preliminary hearing and in court at trial. ", "Judi Kirk identified the defendant at the preliminary hearing and in court at trial.", "\nThe sentences imposed in all four cases add up to imprisonment for 45 to 80 years.", "\nIn his first assignment of error the defendant alleges that he was denied effective assistance of counsel at both the trial and appellate levels. ", "As to the actions of trial counsel which premise this allegation, defendant cites counsel's failure to move to suppress in-court and out-of-court identifications \"that were tainted by suggestive line-ups,\" and failure to obtain psychiatric examinations to determine the appellant's mental status at the time of the offense and at trial. ", "The defendant contends that appellate counsel failed \"to properly brief the issues on the tainted identifications, prosecutor's comments on the defendant's right to remain silent, and excessiveness of sentence.\" ", "Brief for Appellant at 3-4.", "\nThere is nothing in the record to support the defendant's claim that the prosecutor commented on the defendant's right to remain silent, and the assignment is not discussed in his brief.", "\nIn State v. Robinson, 218 Neb. 156, 352 N.W.2d 879 (1984), we set forth at length the rules generally with regard to a claim of ineffective assistance of counsel. ", "Essentially, there is a two-part test for determining whether an attorney has effectively counseled a criminal defendant:\n\"First, counsel must perform at least as well as one with ordinary criminal law skill and training in his or her region. ", "Counsel must also conscientiously protect his client's interests. ", "State v. Leadinghorse, 192 Neb. 485, 222 N.W.2d 573 (1974); State v. Lang, 202 Neb. 9, 272 N.W.2d 775 (1978). ", "A defendant challenging competency of counsel has the burden to establish it. ", "State v. Auger & Uitts, 200 Neb. 53, 262 N.W.2d 187 (1978). ", "In addition, defendant must show that he suffered prejudice in the defense of his case as a result of his attorney's actions or inactions. ", "State v. Mays, 203 Neb. 487, 279 N.W.2d 146 (1979); State v. Lang, supra; State v. Bartlett, 199 Neb. 471, 259 N.W.2d 917 (1977).\"", "\nState v. Otey, 212 Neb. 103, 105-06, 321 N.W.2d 453, 454-55 (1982).", "\nThe record shows that in the Jack and Mary's robberies, trial counsel considered and discussed with defendant the alternative of making a motion to suppress. ", "The trial court explained the motion to the defendant and emphasized the attorney's responsibility concerning the motion: \"He doesn't have to make it, and he might consider it better not to, and I don't mean to inquire into his trial tactics. ", "I just want you to be aware of the fact that he could make such a motion....\" Thereafter, the defendant and trial counsel waived the right to file a motion to suppress, and *794 defendant stated specifically that he agreed with his counsel's judgment.", "\nOne cannot elect a particular trial strategy and then complain if it proves unsuccessful. ", "State v. Bartlett, 199 Neb. 471, 259 N.W.2d 917 (1977). ", "Furthermore, even if a motion to suppress concerning the one-on-one showups complained of at Jack and Mary's Restaurant would have been sustained, there was no objection to the identification of the defendant made by Elsie Smith. ", "Thus, it does not appear that the result of the trial would have been changed.", "\nDefendant further questions trial counsel's failure to file a motion to suppress concerning the three-man lineups in the Village Inn and Gorat's robberies. ", "Again, there were ample other eyewitness identifications made at those trials such that it cannot be said that the defendant was prejudiced by any alleged omissions of counsel in that regard.", "\nThe defendant also challenges the effectiveness of trial counsel in not obtaining psychiatric examinations of defendant. ", "In the petition for post conviction relief, the defendant alleged that the crimes \"were part of a continuing course of conduct on the part of the defendant who had a history of drug and alcohol dependency, was suffering from diminished capacity, brain damage, and was legally incompetent at the time of the acts which constitute the offenses charged.\"", "\nAt the post conviction hearing trial counsel testified that defendant took an active part in the defense of his case and did not appear to be under the influence of drugs or alcohol or anything of that nature.", "\n\"`The test of mental competency to stand trial is whether the defendant now has the capacity to understand the nature and object of the proceedings against him, to comprehend his own condition in reference to such proceedings, and to make a rational defense.'\" ", "State v. Teater, 217 Neb. 723, 724, 351 N.W.2d 60, 62 (1984). ", "There is no showing that the defendant failed this test.", "\nA review of the record shows no credible evidence indicating defendant's lack of competency. ", "In its final order the trial court aptly stated: \"Inasmuch as there was no indication of defendant's incompetence to stand trial, defendant's trial counsel could hardly be found to be ineffective for failure to have defendant examined in this regard.\"", "\nIn sum, the defendant failed to sustain his burden with regard to the two-part test. ", "This is equally true as applied to appellate counsel.", "\nWe considered the merits of the appeals before sustaining appellate counsel's motions to withdraw. ", "In State v. Robinson, 218 Neb. 156, 159, 352 N.W.2d 879, 881 (1984), we said:\n\"`[I]f competent counsel, after investigation, considers a point worthless, the fact that he is court-appointed does not require him to pursue it. * * * ", "the right to counsel * * * does not include the right to counsel, whether at counsel's expense or government expense, to advance a totally frivolous claim merely because some layman thinks it has merit....'\"\nThe defendant's last assignment of error is that his punishment was cruel and unusual. ", "He classifies his sentences as \"preventive detention\" as opposed to those tending \"to punish or rehabilitate\"; he also complains of the length of time he must spend in prison before he is eligible for parole. ", "Defendant concedes, however, and this court has often stated before, that matters which relate to sentences imposed within statutory limits are not a basis for post conviction relief. ", "State v. Webb, 218 Neb. 238, 352 N.W.2d 624 (1984).", "\nThe judgment of the district court is affirmed.", "\nAFFIRMED.", "\n" ]
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[ "The Atlanta Falcons have announced on Tuesday the signing of offensive lineman Nate Wozniak and punter Matt Wile to the practice squad.", "\n\nRELATED CONTENT\n\nWozniak, 25, began his career with the New Orleans Saints after going undrafted in 2018. ", "He was waived and added to the Saints practice squad and was eventually waived in 2019. ", "The Minnesota Vikings then signed Wozniak, but he was then waived mid August.", "\n\nWile, 27, was signed to the Falcons back in November 2016, but was then released in the same month. ", "After Atlanta, Wile signed to the Cardinals practice squad from 2016 to 2017. ", "He then signed to the Steelers in January of 2018 and was claimed off waivers by the Vikings in September of 2018.", "\n\nWith the additions of Wozniak and Wile, the Falcons released defensive end Austin Larkin and tight end Carson Meier. ", "Larkin was picked up as a free agent by the Cowboys and spent time in their training camp last year. ", "Larkin participated in the Falcons training camp and was a major contributor in the preseason." ]
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[ "\n606 F.3d 59 (2010)\nC.H., by and through his parents and next friends, Timothy and Barbara Hayes\nv.\nCAPE HENLOPEN SCHOOL DISTRICT; George E. Stone, Superintendent of Schools Cape Henlopen School District; Delaware Department of Education; Valerie A. Woodruff, Secretary, Delaware Department of Education C.H. Hayes; Barbara Hayes, Appellants.", "\nNo. ", "08-3630.", "\nUnited States Court of Appeals, Third Circuit.", "\nSubmitted Pursuant to Third Circuit LAR 34.1(a) April 12, 2010.", "\nFiled: May 25, 2010.", "\n*62 C.H. Hayes, Barbara Hayes, Lincoln, DE, Pro Se Appellants.", "\nMichael P. Stafford, Young, Conaway, Stargatt & Taylor, Wilmington, DE, for Appellees, Cape Henlopen School District and George E. Stone.", "\nCatherine T. Hickey, John B. Hindman, Delaware Department of Justice, Dover, DE, for Appellees, Delaware Department of Education and Valerie A. Woodruff.", "\nBefore FISHER, HARDIMAN and COWEN, Circuit Judges.", "\n\nOPINION OF THE COURT\nFISHER, Circuit Judge.", "\nThis appeal arises from an order of the District Court, entered July 22, 2008, granting summary judgment in favor of the Cape Henlopen School District (the \"District\") and denying appellants' claim for reimbursement of private school tuition and other related costs for their disabled child under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400, et seq. ", "Appellants claim that the District's failure to have an individualized educational program (IEP) in effect for their child on the first day of classes warranted their unilateral decision to remove their child from the public school and place him in a private residential school for students with disabilities. ", "Because procedural violations of the IDEA do not merit tuition reimbursement absent a showing of substantive harm, and because unreasonable parent conduct warrants equitable reduction of an award under the IDEA, we will affirm the order of the District Court.", "\n\nI.\nPlaintiff, C.H., was a minor child during the 2006-2007 school year.[1] C.H. has been diagnosed with dyslexia, dysgraphia, and a severe language disorder and may also suffer from Attention Deficit Hyperactivity Disorder (ADHD) and a central auditory processing disorder. ", "C.H. has thus been identified as a child with a learning disability under 20 U.S.C. § 1401 and 29 U.S.C. § 705 since the 1998-1999 school year. ", "In the relevant time period, C.H. and his parents resided in the Cape Henlopen School District.", "\nThe dispute between C.H.'s parents (the \"Parents\")[2] and the District over the provision *63 of adequate educational resources for C.H. is longstanding. ", "Since 2000, the Parents have unilaterally withdrawn C.H. from the District and placed him in private school on two separate occasions—once in 2002 and again in 2004. ", "In both instances the Parents sought reimbursement from the District for private school tuition and in both instances the District opposed reimbursement. ", "Ultimately, the District and the Parents entered into a Settlement Agreement regarding only the 2005-2006 school year under which the District agreed to pay C.H.'s tuition and certain educational costs at the Gow School, a private residential school for boys with language-based learning disabilities. ", "The Agreement provided that the placement was the sole decision of the Parents, that the District's tuition obligations pertained only to the 2005-2006 year, and that the District was under no obligation to monitor C.H.'s performance or develop an IEP for C.H. while he was enrolled at the Gow School.", "\nDuring the 2005-2006 school year, the Parents discussed with the District C.H.'s potential return to the District for the following year and the need to develop an IEP for C.H. However, the Parents never definitively stated that C.H. would return to the District for the 2006-2007 school year, and had in fact already enrolled C.H. in the Gow School for the 2006-2007 school year as of March 2006. ", "Despite this uncertainty, the District determined that it should evaluate C.H. and develop an IEP in the event C.H. returned to the District. ", "Accordingly, in May 2006, the District sought authorization from the Parents to evaluate C.H. The Parents returned the initial permission form without properly checking the box authorizing the evaluation. ", "The District notified the Parents of this oversight and obtained the properly executed authorization on July 6, 2006. ", "A District Psychologist contacted the Parents on July 24, 2006, to schedule the evaluation. ", "The Psychologist evaluated C.H. on August 7 and 14, 2006, and completed an evaluation report on August 15, 2006.[3]\nOn August 18, the District sent a notice to the Parents that an IEP team meeting was scheduled for August 22 to review the results of the evaluation and to develop or revise an IEP for C.H. Although the notice came less than ten days before the meeting, in violation of the IDEA notice requirements, C.H.'s mother signed a written waiver of the notice requirement in order to permit the meeting to proceed.", "\nThe IEP meeting took place as scheduled on August 22 with C.H.'s mother in attendance. ", "The District Psychologist reviewed his findings and concluded that C.H. remained eligible for special services. ", "However, because of scheduling conflicts of certain members of the IEP team, the meeting concluded before C.H.'s IEP was finalized. ", "Although the District expressed its willingness to promptly schedule a continuation of the meeting, C.H.'s mother indicated that her travel schedule made her unable to meet again until after the start of the 2006-2007 school year. ", "The District proposed that the meeting be continued on September 11, 2006, five days after the first day of classes in the District. ", "C.H.'s mother stated that she had a scheduling conflict with the proposed date, but agreed to tentatively schedule the meeting for September 11. ", "She testified that she anticipated notice of the rescheduled meeting. ", "The District did not send the Parents *64 a written notice confirming the continuation of the IEP meeting.", "\nC.H. did not report to class in the District on the first day of the public school year, September 6, 2006. ", "Rather, his Parents had unilaterally chosen to have him begin classes at the Gow School on September 5, 2006. ", "The Parents did not notify the District at any point in advance of placing C.H. in the Gow School that they intended to seek reimbursement for his tuition from the District.", "\nOn September 7, 2006, one day after the start of District classes, the Parents filed a request for a due process hearing before the Department of Education Hearing Panel (the \"Hearing Panel\"). ", "Despite this due process request, the District intended to proceed with the September 11 meeting. ", "On September 8, the District sent a letter to the Gow School inviting a representative to participate in person or by conference call. ", "C.H.'s mother was sent a copy of this letter. ", "On the morning of September 11, approximately one hour before the scheduled meeting time, the District received a phone call from the Gow School indicating that its representative would not participate in the meeting because C.H.'s mother had informed them that she would not be attending. ", "The Parents later advised the District that, in light of their due process complaint, they would no longer participate in IEP meetings with the District. ", "Additionally, the Parents refused to give the District permission to conduct a speech and language evaluation of C.H., which was necessary in order to develop his IEP.", "\nThe Hearing Panel convened in December 2006 to consider the Parents' due process complaint. ", "As the Hearing Panel parsed it, the Parents raised five claims. ", "The first four the Panel treated as alleged procedural violations: the District failed to develop an IEP during the 2005-2006 year while C.H. was at the Gow School, the District failed to provide an IEP for the 2006-2007 year as of the first day of the school year; the District failed to provide the required ten-day notice of the proposed IEP meetings; and the District failed to provide the speech and language evaluation necessary to develop an IEP. ", "The final claim the Panel treated as substantive: the District failed to review and consider the appropriate documentation of C.H.'s performance in conducting his psychological evaluation. ", "As a remedy, the Parents sought the full cost of tuition and all related costs for C.H.'s enrollment in the Gow School for the 2006-2007 school year.", "\nThe Hearing Panel conducted a two-day evidentiary hearing, which included testimony from the District Supervisor of Special Programs, the District Psychologist, the Cape Henlopen Principal, the District Special Education Coordinator, the Director of the middle school at Gow School, the Director of the upper school at Gow School, and the District Supervisor of Instructional Support for Special Programs. ", "C.H.'s mother also testified.", "\nPrior to the inception of the hearings, and again in between the two days of testimony, the Parents sought the recusal of the members of the Hearing Panel based on allegations of bias and the Panel members' supposed inability to understand the IDEA. ", "Each member of the Panel considered the recusal request and determined that he/she was not biased and could ably render a decision in the matter.", "\nOn January 6, 2007, the Panel issued its decision. ", "The Hearing Panel concluded that all of the Parents' claims—both procedural and substantive—failed under the IDEA because the alleged deficiencies on the District's part did not act to deprive C.H. of a free and appropriate public education.", "\n*65 On April 5, 2007, the Parents filed a Complaint in the United States District Court for the District of Delaware seeking review of the Hearing Panel decision.[4] The parties filed cross-motions for summary judgment. ", "The District Court granted summary judgment to the District and denied summary judgment to the Parents, joining in the reasoning of the Hearing Panel and noting that the Parents' conduct in delaying and then refusing to participate in the IEP meetings, and subsequent refusal to authorize the speech and language evaluation, was a substantial contributing factor to any alleged delays in the IEP development. ", "This timely appeal followed.", "\n\nII.", "\nThe District Court had jurisdiction pursuant to 20 U.S.C. § 1415(i)(2)(A). ", "We have jurisdiction pursuant to 28 U.S.C. § 1291.", "\nThe IDEA directs that a reviewing court \"is obliged to conduct a modified de novo review, giving `due weight' to the underlying administrative proceedings.\" ", "S.H. v. State-Operated Sch. ", "Dist. ", "of City of Newark, 336 F.3d 260, 270 (3d Cir.2003) (quoting MM v. Sch. ", "Dist. ", "of Greenville County, 303 F.3d 523, 530-31 (4th Cir. ", "2002)). ", "Factual findings from the administrative proceedings are to be considered prima facie correct. ", "Id. We exercise plenary review over the legal conclusions reached by the District Court. ", "See Lauren W. v. DeFlaminis, 480 F.3d 259, 266 (3d Cir.2007).", "\n\nIII.", "\nOn appeal, the Parents raise two categories of claims. ", "First, they allege that various procedural violations of the IDEA warrant an award of tuition reimbursement for C.H.'s private education for the 2006-2007 school year.[5] Second, they allege that the conduct of the Hearing Panel violated their right to due process. ", "The District argues that the alleged procedural violations did not deprive C.H. of any educational benefit, and, alternatively, that the Parents' conduct warrants equitable denial of reimbursement. ", "We will address these arguments in turn.", "\n\nA. Background\nUnder the IDEA, a state receiving federal educational funding must provide children within that state a \"free appropriate public education\" (FAPE). ", "See 20 U.S.C. §§ 1412(a)(1)(A), 1401(9). ", "The FAPE required by the Act is tailored to the unique needs of the child by means of an \"individualized educational program.\" ", "See id. § 1414(d)(1)(A). ", "An appropriate IEP must contain statements concerning a disabled child's level of functioning, set forth measurable annual achievement goals, describe the services to be provided, and establish objective criteria for evaluating the child's progress. ", "See id.\nThe IDEA sets out a variety of procedures to be followed in the creation of the IEP. ", "For instance, the IEP is to be prepared at a meeting including a qualified representative of the local educational agency, the child's teacher, a special education *66 teacher, the child's parent or guardian, and, where appropriate, the child. ", "Id. § 1414(d)(1)(B).[6] The local educational agency is to provide the parent with \"[w]ritten prior notice\" of \"any evaluation procedures such agency proposes to conduct[,]\" id. § 1414(b)(1), or when the agency proposes or refuses to initiate a change in the \"identification, evaluation, or educational placement of the child,\" id. § 1415(b)(3). ", "In addition, the statute requires that,\n\n[a]t the beginning of each school year, each local educational agency, State educational agency, or other State agency, as the case may be, shall have in effect, for each child with a disability in the agency's jurisdiction, an individualized education program, as defined in paragraph (1)(A).", "\nId. § 1414(d)(2)(A) (emphasis added).", "\nThe IDEA establishes a private cause of action against a school district that fails to abide by its legal obligations. ", "The parent or guardian of a minor student who is denied the rights and procedures set forth in the IDEA is afforded the opportunity to file an administrative complaint and to appeal an adverse determination to a federal district court. ", "Id. §§ 1415(b)(6), (i)(2). ", "Accordingly, the Supreme Court has directed that a school district's liability for violations of the IDEA is a two-fold inquiry: (1) Has the school district complied with the procedures set forth in IDEA?; ", "and (2) Has the school district fulfilled its obligation to provide the student with a FAPE? ", "See Bd. ", "of Educ. ", "of Hendrick Hudson Central Sch. ", "Dist. ", "v. Rowley, 458 U.S. 176, 206-07, 102 S.Ct. ", "3034, 73 L.Ed.2d 690 (1982).", "\nWhile a failure to satisfy either requirement may merit court-ordered relief, the appropriate relief depends on which requirement is not met. ", "A plaintiff who alleges the denial of a FAPE may seek compensatory relief in the form of appropriate educational services within the district (referred to as \"compensatory education\") or tuition reimbursement for an appropriate placement in private school. ", "See Mary T. v. Sch. ", "Dist. ", "of Phila., ", "575 F.3d 235, 249 (3d Cir.2009). ", "On the other hand, a plaintiff alleging only that a school district has failed to comply with a procedural requirement of the IDEA, independent of any resulting deprivation of a FAPE, may only seek injunctive relief for prospective compliance. ", "See P.P. ex rel. ", "Michael P. v. West Chester Area Sch. ", "Dist., ", "585 F.3d 727, 738 (3d Cir.2009) (quoting Erickson v. Albuquerque Pub. ", "Schs., ", "199 F.3d 1116, 1122-23 (10th Cir. ", "1999) (\"[C]ompensatory education is not an appropriate remedy for a procedural violation of the IDEA.\")).", "\nIn some cases, a procedural violation may rise to the level of a denial of a FAPE, entitling the plaintiff to compensatory education or tuition reimbursement. ", "However, \"[a] procedural violation of the IDEA is not a per se denial of a FAPE; rather, a school district's failure to comply with the procedural requirements of the Act will constitute a denial of a FAPE only if such violation causes substantive harm to the child or his parents.\" ", "Knable ex rel. ", "Knable v. Bexley City Sch. ", "Dist., ", "238 F.3d 755, 765 (6th Cir.2001) (citations omitted); see also D.S. v. Bayonne Bd. ", "of Education, No. ", "08-4730, 602 F.3d 553, 564-67 (3d Cir.2010) (\"A procedural violation is actionable under the IDEA only if it results in a loss of educational opportunity for the student, *67 seriously deprives parents of their participation rights, or causes a deprivation of educational benefits.\"); ", "Adam J. v. Keller Indep. ", "Sch. ", "Dist., ", "328 F.3d 804, 811-12 (5th Cir.2003) (\"[P]rocedural defects alone do not constitute a violation of the right to a FAPE unless they result in the loss of an educational opportunity.\"); ", "DiBuo v. Bd. ", "of Educ., ", "309 F.3d 184, 190 (4th Cir.2002) (\"[A] violation of a procedural requirement of the IDEA (or one of its implementing regulations) must actually interfere with the provision of a FAPE.\"). ", "Under the implementing regulations, substantive harm occurs only if the preponderance of the evidence indicates that\nthe procedural inadequacies (i)[i]mpeded the child's right to a FAPE; (ii) significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or (iii) caused a deprivation of the educational benefit.", "\n34 C.F.R. § 300.513(a)(2).", "\nWhere a parent unilaterally places a child into private school, a court or hearing officer may require reimbursement of private school expenses where it finds there has been a substantive harm—namely, that \"the agency had not made a [FAPE] available to the child in a timely manner.\" ", "20 U.S.C. § 1412(a)(10)(C)(ii). ", "However, even where private placement is appropriate and reimbursement is otherwise due, the IDEA permits the equitable reduction or elimination of tuition reimbursement under certain circumstances. ", "The statute provides, in relevant part:\nThe cost of reimbursement ... may be reduced or denied—\n(I) if—\n(aa) at the most recent IEP meeting that the parents attended prior to removal of the child from the public school, the parents did not inform the IEP Team that they were rejecting the placement proposed by the public agency to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or\n(bb) 10 business days (including any holidays that occur on a business day) prior to the removal of the child from the public school, the parents did not give written notice to the public agency of the information described in item (aa);\n(II) if, prior to the parents' removal of the child from the public school, the public agency informed the parents, through the notice requirements described in section 1415(b)(3) of this title, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for such evaluation; or\n(III) upon a judicial finding of unreasonableness with respect to actions taken by the parents.", "\nId. § 1412(a)(10)(C)(iii).", "\n\nB. Tuition Reimbursement for Procedural Violations of the IDEA\nThe Parents here seek tuition reimbursement for C.H.'s private education at the Gow School. (", "Compl. ", "Relief ¶¶ d-g.) Thus, in order to recover, the Parents must demonstrate that the District violated the IDEA in a way that caused a substantive harm—either by depriving C.H. of an educational benefit or significantly impeding the Parents' participation in the decision-making process regarding C.H.'s education. ", "The Parents premise their alleged harm on the District's procedural violations of the IDEA. ", "These procedural violations take two principal forms: *68 the District's failure to have an IEP in place on the first day of the 2006-2007 school year, and the District's failure to notify the Parents ten days prior to any scheduled IEP meeting.[7] The District Court reasoned that these procedural violations, to the extent they occurred, did not rise to the level of the denial of a FAPE. ", "We agree.", "\n\n1. ", "Failure to Develop an IEP as of the First Day of Classes\nThere is no dispute that the District failed to have an IEP in place on the first day of the 2006-2007 school year. ", "This is a violation of the plain mandate of the IDEA that a District should have an IEP in place \"[a]t the beginning of each school year.\" ", "20 U.S.C. § 1414(d)(2)(A). ", "Thus, acknowledging that a procedural violation has occurred, we must determine whether, under the circumstances, this violation can meaningfully be said to have \"[i]mpeded the child's right to a FAPE\" or \"caused a deprivation of [an] educational benefit.\" ", "Id. § 300.513(a)(2)(i), (iii).", "\nThe Fourth Circuit considered this question under similar circumstances in MM v. School District of Greenville County, 303 F.3d 523 (4th Cir.2002). ", "In Greenville, a four year-old child (\"MM\") suffered from a form of dystrophy and mild autism and was enrolled in a public preschool program, receiving special services under the IDEA. ", "Id. at 528. ", "Her parents also participated in a private in-home program for autism when MM was not in preschool. ", "Id. For the 1995-1996 school year, MM had an IEP in place that the parents had approved. ", "Id. In May of 1996, the IEP team convened to reassess MM's progress and proposed an IEP that did not include \"extended school year\" services to cover a summer educational program for MM. ", "Id. at 528-29. ", "The parents objected and the IEP was not agreed to for the 1996-1997 school year. ", "Id. at 529. ", "A subsequent meeting on August 8 was similarly unsuccessful, in large part because the parents insisted that the in-home autism treatment should be part of the IEP. ", "Id. A third meeting was scheduled for August 22, but the parents cancelled the meeting. ", "Id. The parents then unilaterally decided to enroll MM in a private kindergarten program, and she never attended classes in the public school district for the 1996-1997 school year. ", "Id.\nIn assessing the parents' claim for reimbursement of MM's private tuition costs, the court considered whether the school district's failure to have an IEP in place before the start of classes \"resulted in the loss of an educational opportunity for the disabled child, or whether ... it was a mere technical contravention of the IDEA.\" ", "Id. at 533. ", "Under the facts of that case, the court reasoned that \"the District was willing to offer MM a FAPE, and that it had attempted to do so[,]\" and that \"her parents had a full opportunity to participate in the development of the Proposed 1996-97 IEP.\" ", "Id. at 534. ", "Additionally, there was no evidence that MM suffered any educational loss because her parents \"would [not] have accepted any FAPE offered *69 by the District that did not included reimbursement for the [in-home autism] program\" and \"MM suffered no prejudice from the District's failure to agree to her parents' demands.\" ", "Id. at 535. ", "The court ultimately concluded that \"[b]ecause this procedural defect did not result in any lost educational opportunity for MM,\" the reimbursement claim failed. ", "Id. The court further admonished, \"it would be improper to hold [the] School District liable for the procedural violation of failing to have the IEP completed and signed, when that failure was the result of [the parents'] lack of cooperation.\" ", "Id. at 534 (quoting district court slip op. ", "at 15).", "\nOn the other hand, we note the Sixth Circuit, in Knable v. Bexley City School District, 238 F.3d 755, 766-67 (6th Cir. ", "2001), held that a \"draft\" IEP did not satisfy the IDEA and that the school district's failure to formulate a final IEP prior to the start of the school year resulted in a denial of FAPE. ", "However, central to the Sixth Circuit's analysis was the fact that the school district there never convened an IEP meeting, either before or after the start of the school year, and that the disabled student enrolled in the district for the school year and never received an IEP. ", "Thus, the court reasoned, \"the absence of an IEP at any time during [the child's] sixth-grade year caused [him] to lose educational opportunity.\" ", "Id. at 766.", "\nReconciling these approaches, we find the Fourth Circuit's reasoning in Greenville highly persuasive in our present analysis. ", "The District here demonstrated consistent willingness to evaluate C.H. and to develop an IEP for the 2006-2007 school year. ", "Despite some initial delays in finalizing the authorization, C.H. was evaluated by a District psychologist a month before the start of school and an IEP team convened shortly thereafter to develop his educational program. ", "Although the IEP was not completed in the first meeting, it was the Parents and not the District who delayed the continuation of that meeting until after the start of classes, and ultimately terminated the process by filing a due process request. ", "Like the court in Greenville, we decline to hold that a school district is liable for procedural violations that are thrust upon it by uncooperative parents.", "\nAdditionally, we lack the essential element in the Sixth Circuit's analysis in Knable: the ability to determine whether the failure to develop an IEP on the first day of classes would have resulted in a lost educational benefit for the disabled child. ", "C.H. never attended a single class in the District in the 2006-2007 school year. ", "The Parents enrolled C.H. in Gow on the presumption that the District's failure to have the IEP in place on the first day would deprive C.H. of an educational benefit. ", "Neither the Hearing Panel nor the District Court credited this presumption as fact. ", "Rather, the Hearing Panel reasoned that an IEP could have been developed for C.H. within a week of the start of the school year, had C.H. remained in the District and had the Parents continued to cooperate. ", "We will not disrupt that determination in the face of mere supposition.", "\nAbsent any evidence that C.H. would have suffered an educational loss, we are left only to determine whether the failure to have an IEP in place on the first day of school is, itself, the loss of an educational benefit. ", "While we do not sanction a school district's failure to provide an IEP for even a de minimis period, we decline to hold as a matter of law that any specific period of time without an IEP is a denial of a FAPE in the absence of specific evidence of an educational deprivation. ", "As the Supreme Court has cautioned, \"parents who unilaterally change their child's placement during the pendency of review *70 proceedings, without the consent of state or local school officials, do so at their own financial risk.\" ", "Florence County Sch. ", "Dist. ", "Four v. Carter, 510 U.S. 7, 15, 114 S.Ct. ", "361, 126 L.Ed.2d 284 (1993).", "\nAccordingly, the District's failure to have an IEP in place on the first day of classes did not deprive C.H. of a FAPE, and reimbursement on that basis was properly denied.", "\n\n2. ", "Failure to Provide Ten-Day Notice of IDEA Meetings\nNext we turn to the question of whether any alleged failure on the District's part to timely notify the Parents of IEP meetings \"significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE[.]\" ", "34 C.F.R. § 300.513(a)(2)(ii).", "\nAs explained above, the IDEA contains a notice provision, requiring prior written notice to parents whenever an agency proposes or refuses to initiate or change \"the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child.\" ", "20 U.S.C. § 1415(b)(3). ", "These procedures are designed to ensure that the parents of a child with a disability are both notified of decisions affecting their child and given an opportunity to object to these decisions. ", "See id. § 1415(a). ", "Thus in cases where a violation of a notification requirement does not actually impair the parents' knowledge of, or participation in, educational decisions, the violation is not a substantive harm under the IDEA. ", "See, e.g., Gadsby by Gadsby v. Grasmick, 109 F.3d 940, 956 (4th Cir.1997) (noting that parents received late notice with ample time to respond and holding that \"[b]ecause any violation of the notice provisions did not interfere with the provision of a free appropriate public education to [the child], these violations cannot subject [the district] to liability for reimbursement of [private school] tuition\").", "\nWe are not persuaded that the alleged notification violations here impaired the Parents' ability to participate in the IEP meetings. ", "As to the first meeting on August 22, C.H.'s mother signed a written waiver of ten-day notice of IEP meetings, leading the District Court to correctly conclude that no notice violation occurred. ", "However, even if a violation had occurred, the Parents do not claim it had any effect on their ability to participate fully in the meeting, and C.H.'s mother attended the August 22 meeting without objection.", "\nFurther, the Parents do not allege that they were unaware of the September 11 continuation of the IEP meeting, only that they did not receive the formal notice required by the IDEA.[8] In fact, C.H.'s mother testified that she was present when the District scheduled the meeting for September 11, though she says she did not commit to it and expected notice when the date was finalized. ", "She further testified that the reason she did not attend the September 11 meeting was because she had filed for due process, not because she was unaware of the meeting schedule.", "\nThe procedural requirements of the IDEA governing notice of IEP meetings are intended to ensure parental participation in the IEP process, not to provide the Parents with a hook on which to hang a tuition reimbursement claim. ", "It is clear *71 to us, as it was to the District Court, that the Parents have been their own greatest impediment to participation in the evaluation of C.H.'s disabilities and the development of an appropriate IEP. ", "We therefore affirm the District Court's rejection of the argument that any notice deficiencies rise to the level of substantive harm.", "\n\nC. Equitable Reduction of Reimbursement\nAlthough we hold that C.H. was not denied a FAPE and therefore cannot seek tuition reimbursement for his private education, we agree with the District that, alternatively, equitable considerations weigh against granting the relief sought by the Parents. ", "Even where a District is found to be in violation of the IDEA and private school placement is deemed appropriate, \"courts retain discretion to reduce the amount of a reimbursement award if the equities so warrant.\" ", "Forest Grove Sch. ", "Dist. ", "v. T.A., ___ U.S. ___, 129 S.Ct. ", "2484, 2496, 174 L.Ed.2d 168 (2009).[9] The IDEA directs that an award of private school tuition \"may be reduced or denied\" under a variety of circumstances, including \"upon a judicial finding of unreasonableness with respect to actions taken by the parents,\" 20 U.S.C. § 1412(a)(10)(C)(iii)(III), or where parents fail to give the school district ten days notice prior to enrolling a child in private school, id. § 1412(a)(10)(C)(iii)(I)(bb).[10]\nThere is no question here that the Parents unilaterally withdrew C.H. from the District without any prior notice to the District. ", "Further, there is no question that the Parents' conduct in delaying the continuation of the IEP meeting and cancelling the speech and language evaluation substantially precluded any possibility that the District could timely develop an appropriate IEP for C.H. and provide the necessary services to him, or that the parties could resolve this dispute without resort to litigation. ", "The District argues that this conduct warrants equitable denial of reimbursement, as allowed by statute.", "\nIn response, the Parents contend that their refusal to continue with IEP development or permit evaluation of C.H. after they filed their due process request is a right conferred on them by the IDEA. ", "For this proposition, they refer to § 1415(j), which provides:\n[D]uring the pendency of any proceedings conducted pursuant to this section, unless the State or local educational agency and the parents ... otherwise agree, the child shall remain in the then-current educational placement of such child....\n20 U.S.C. § 1415(j); see also 34 C.F.R. § 300.518(a).[11] Commonly referred to as *72 the \"stay-put\" provision, § 1415(j) protects the status quo of a child's educational placement while a parent challenges a proposed change to, or elimination of, services.", "\nThe Parents grossly misread the effect of this provision. ", "The stay-put provision merely ensures that a disabled child's educational services are not altered or reduced until the parent has an opportunity to avail herself of the appeal procedures. ", "The stay-put provision was never intended to suspend or otherwise frustrate the ongoing cooperation of parents and the school district to reach an amenable resolution of a disagreement over educational services. ", "In fact, the IDEA specifically obligates the parents to participate in a resolution session with the school district after a due process request is filed \"where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the local educational agency is provided the opportunity to resolve the complaint.\" ", "20 U.S.C. § 1415(f)(1)(B)(i)(IV).[12] The inclusion of a mandatory resolution session clearly reflects Congress' intention that parents and school districts continue to work toward the resolution of disputes and the provision of appropriate educational services even after a due process request is filed. ", "See also Schaffer ex rel. ", "Schaffer v. Weast, 546 U.S. 49, 53, 126 S.Ct. ", "528, 163 L.Ed.2d 387 (2005) (\"The core of the [IDEA] ... is the cooperative process that it establishes between parents and schools.\"). ", "The stay-put provision does not, therefore, excuse the Parents, who based their complaint on the absence of an IEP, from continuing to meet with the District to rectify the perceived wrong.", "\nThe Parents here have disregarded their obligation to cooperate and assist in the formulation of an IEP, and failed to timely notify the District of their intent to seek private school tuition reimbursement. ", "We believe these are among the \"unreasonable[]... actions taken by the parents,\" 20 U.S.C. § 1412(a)(10)(C)(iii)(III), that Congress contemplated when it gave courts the authority to equitably reduce or eliminate tuition reimbursement. ", "See Forest Grove, 129 S.Ct. ", "at 2496 (noting instance of unreasonableness where \"the parents failed to give the school district adequate notice of their intent to enroll the child in private school\"). ", "The IDEA was not intended to fund private school tuition for the children of parents who have not first given the public school a good faith opportunity to meet its obligations. ", "See Roland M. v. Concord Sch. ", "Comm., ", "910 F.2d 983, 995 (1st Cir.1990) (\"The law ought not to abet parties who block assembly of the required team and then, dissatisfied with the ensuing IEP, attempt to jettison it because of problems created by their own obstructionism.\"). ", "Accordingly, we will also affirm the denial of the Parents' request for tuition reimbursement on equitable grounds.", "\n\nD. Section 1983 Claim for Denial of Due Process in State Administrative Proceedings\nFinally, on appeal, the Parents contend that the District Court erred in failing to separately address their claim that the conduct of the Hearing Panel, in denying certain procedures, violated their rights to procedural due process. ", "Specifically, *73 the Parents allege that the Hearing Panel \"made no findings of facts based on determination of testimonial credibility[,]\" \"refused to rule on the Plaintiff Parent's right to review the child's entire educational record for evidentiary disclosure[,]\" and that the Panel chairperson \"utiliz[ed] leading questions, had the witness rephrase her answers to conform to the answers provided by the Panel Chairperson[,] ... and requested the District recall a witness for rebuttal so she could ask questions.\" (", "Parents' Br. ", "3-4.) ", "Presumably these allegations are premised on some of the same perceived deficiencies that led the Parents to repeatedly seek the recusal of the Panel members, though the record of the recusal proceedings is not before us on appeal.", "\nUpon review of the Complaint, we find no due process claim asserted in the District Court. ", "Although the Complaint asserts the District Court's jurisdiction under 42 U.S.C. § 1983, through which an individual can seek damages for certain constitutional deprivations, the Parents failed to allege any misconduct by the Hearing Panel to the District Court. ", "Nor do the Parents request any relief pursuant to § 1983. ", "Accordingly, we will not address the merits of a constitutional argument for the first time on appeal. ", "See Ross v. Hotel Emps. ", "and Rest. ", "Emps. ", "Int'l Union, 266 F.3d 236, 242 (3d Cir.2001) (\"[A]bsent compelling circumstances an appellate court will not consider issues that are raised for the first time on appeal.\") (", "quotations and citations omitted).[13]\n\nIV.", "\nFor the foregoing reasons, we will affirm the District Court's grant of summary judgment to the District and denial of summary judgment to the Parents.", "\nNOTES\n[1] To protect the identity of the disabled plaintiff, these proceedings and those underlying it refer to the child, C.H., by his initials only.", "\n[2] We will refer to the Parents collectively, though it is clear that C.H.'s mother, who proceeds pro se before this Court, was the active participant in most or all of the relevant proceedings. ", "Although C.H. is no longer a minor, he continues to proceed by and through his Parents.", "\n[3] The Psychologist later made an addendum to the report after additional documents arrived from the Gow School.", "\n[4] The Complaint also asserts the District Court's jurisdiction under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, et seq., ", "and Section 1983, 42 U.S.C. § 1983, without any further factual or legal development. ", "The District Court did not address these claims. ", "The Parents do not raise the Rehabilitation Act claim on appeal, and we address the Section 1983 claim infra, in Part III.D.\n[5] The Parents do not raise the substantive claim related to the sufficiency of the documentation reviewed by the District Psychologist in their brief on appeal.", "\n[6] The attendance of any of such individuals may be waived by agreement between the parent or guardian and the local educational agency, or by prior written input from the absent party. ", "Id. § 1414(d)(1)(C).", "\n[7] In fact, the Parents allege a host of procedural violations over the course of the year preceding the 2006-2007 school year, including the District's failure to complete the speech and language evaluation that C.H. needed before the District could develop an IEP. (", "See Parents' Br. ", "11 (\"[T]he District's procedural violations began in December of 2005 when they recommended evaluations.\").) ", "However, these alleged procedural violations really boil down to one essential complaint: that the District failed to take the necessary steps to timely develop an IEP. ", "Accordingly, we will address these allegations as related claims in support of the Parents' contention that the failure to have an IEP in place on the first day of the school year denied C.H. a FAPE.", "\n[8] The District Court concluded that, because the September 11 meeting was merely a continuation of the August 22 meeting, no new notice was necessary. (", "Dist. ", "Ct. ", "Slip Op. ", "13.) ", "The Parents insist they were owed additional notice under the IDEA. ", "Because we agree that the notice violation, even if it had occurred, does not constitute a denial of a FAPE, we need not resolve this dispute.", "\n[9] Although Forest Grove was decided after the District Court's consideration of this matter, the principles stated therein with regard to equitable relief under the IDEA are not new. ", "See Sch. ", "Comm. ", "of Burlington v. Dep't of Educ., ", "471 U.S. 359, 374, 105 S.Ct. ", "1996, 85 L.Ed.2d 385 (1985) (\"[E]quitable considerations are relevant in fashioning relief\" under the IDEA).", "\n[10] The IDEA provides for exceptions where reimbursement need not be denied despite the failure of the parents to notify the school district of their intent to place their child in private school—for example where the parents were not notified of the notice requirement or where compliance would result in harm to the child. ", "See 20 U.S.C. § 1412(a)(10)(C)(iv)(IV). ", "The Parents have not alleged the application of any of these exceptions here.", "\n[11] In actuality, the Parents mistakenly cite 34 C.F.R. § 300.514 for the proposition that \"[n]o change in identification, evaluation, program, educational placement or IEP may be made during the process of a hearing unless agreed to by both parties.\" (", "Parents' Br. ", "11.) ", "Although this overstates the command of § 1415(j), we construe the citation as a reference to 34 C.F.R. § 300.518(a), the implementing regulation of § 1415(j).", "\n[12] The resolution session can be waived by agreement of the parties. ", "See 20 U.S.C. § 1415(f)(1)(B)(i)(IV). ", "The record does not reflect whether the Parents and the District here waived the resolution session.", "\n[13] Neither can the Parents tie any alleged procedural deficiencies before the Hearing Panel into their requested remedies under the IDEA. ", "The IDEA states that a party \"shall have the right to bring a civil action with respect to the complaint presented pursuant to this section[.]\" ", "20 U.S.C. 1415(i)(2)(A) (emphasis added). ", "Thus, \"a party seeking judicial relief from the decision of state administrative proceedings may do so only to the extent that the party sought such relief in those proceedings.\" ", "Chambers ex rel. ", "Chambers v. Sch. ", "Dist. ", "of Phila. ", "Bd. ", "of Educ., ", "587 F.3d 176, 186 n. 14 (3d Cir.2009). ", "As a matter of chronology, a state administrative complaint could not seek relief for a due process violation that had not yet occurred. ", "Thus, any claim for deprivation of procedural due process in the state administrative proceedings cannot be redressed by the remedial provisions of the IDEA; the aggrieved party must file a separate § 1983 action in the District Court, supported by appropriate factual allegations.", "\n" ]
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[ "5 shot at Navy Yard\n\nFive people were shot at Washington Navy Yard and some flights in the DC area have been grounded.", "\n\nhttp://archive.federaltimes.com/VideoNetwork/2675746257001/5-shot-at-Navy-Yardhttp://archive.federaltimes.com/VideoNetwork/2675746257001/5-shot-at-Navy-Yardhttp://download.gannett.edgesuite.net/wusa/brightcove/29906171001/201309/2077/29906171001_2675726514001_file-13910263-7a1799041b1fcaba8bda326740d28131.jpg5 shot at Navy YardFive people were shot at Washington Navy Yard and some flights in the DC area have been grounded.2168Military/DefenseCrimelocalNewsMilitaryWUSA04:27" ]
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[ "Lancia Lancia Wins the Sahara Challenge\n\nIt was a fight to the finish as the Endurance Rally Association’s Sahara Challenge reached its end in the Jaama el-Fnaa Square of Marrakesh after a ten-day rally from Madrid.", "\n\nThe Classics category saw a hard fought battle with less than 20 seconds separating the top three finishers. ", "It was Italy’s Gianmaria Aghem and Rossella Conti in the 1971 Lancia Fulvia Coupe who took first place with a time of 0:36:21.", "\n\n\n\n\n\nThey were closely followed into second place by Mike Velasco and Peter St George in the 1971 Mercedes 280S with the clock reading 0:36:25, with Ludovic Bois and Julia Colman on 0:36:39 in the 1969 Volvo Amazon in third.", "\n\n\n\n\n\nIn the Vintageant category, it was seasoned rally entrant Bill Cleyndert and his navigator Jacqui Norman who were victorious in the ‘indestructible’ 1928 Ford Model A.\n\n\n\n\n\n\n\nBill has been behind the wheel of the Model A in various events including the Peking to Paris 2013 and all of this year’s ERA event, however the Sahara Challenge was the first rally to see him lift the winner’s trophy.", "\n\nSecond place went to Jean Steinhauser and Anne Steinhauser-Collard in the 1937 Bentley Derby Open Tourer, while the 1927 vintage Bentley 4.5L Le Mans of Keith and Nora Ashworth took third.", "\n\nRally Director Fred Gallagher said: “Coming at the end of the busiest year the ERA has ever had, this has been one of the toughest Rallies it has ever done but it has been exceedingly well received by all of the competitors.", "\n\n\n\n\n\n“There’s been a wonderful spirit among the crews from the moment the flag dropped in Toledo right until the very end in Marrakesh. ", "We’re delighted to see so many of our old friends with us once again and thrilled that we’ve been able to welcome so many new ones to the world of Vintage and Classic Rallying.", "\n\n\n\n\n\n“Anyone using this as a shakedown for next year’s Peking to Paris will have taken away some valuable lessons regarding car prep, navigation and the Rally way of life.”", "\n\nThere were also class wins for Charles and Sophie Stuart-Menteth in the 1925 Vauxhall 30/98 (1920 to 1931 type cars), Joe Robillard and Matt Peckham in the Chevrolet Coupe (1932 to 1941 type cars) in the Vintageant category.", "\n\n\n\n\n\nIn the classes for classic cars up to 2Ltr (1942 to 1975), the win went to Nigel Farmer and Stephen Lovell in the Ford Escort Mexico Mk1, while the over 2Ltr (1942 to 1975) win was secured by Edmund Peel and Sara MacDonald in the Porsche 911.", "\n\n\n\n\n\n\n\n\n\nSpecial awards were given to Charles and Sophie Stuart-Menteth who received the Spirit of the Rally trophy while David and Jo Roberts in the Triumph TR250 were bestowed the Against All Odds award. ", "The ‘Sweep’ mechanics also gave an award for the car needing the least mechanical assistance - Malcolm Lister and Barry Nash in the Rover P5b\n\n\n\n\n\nAround 40 entrants journeyed from Madrid and through the hills of Andalucía before crossing to Tangier, passing through the epic mountains and canyons such as the Todra Gorge and the Erg Chebbi dunes and onto Marrakesh.", "\n\n\n\n" ]
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[ "The complexities of golf club design are well known. ", "The specifications for each component of the club (i.e., the club head, shaft, grip, and subcomponents thereof) directly impact the performance of the club. ", "Thus, by varying the design specifications, a golf club can be tailored to have specific performance characteristics.", "\nThe design of club heads has long been studied. ", "Among the more prominent considerations in club head design are loft, lie, face angle, horizontal face bulge, vertical face roll, center of gravity, inertia, material selection, and overall head weight. ", "While this basic set of criteria is generally the focus of golf club engineering, several other design aspects must also be addressed. ", "The interior design of the club head may be tailored to achieve particular characteristics, such as the inclusion of hose or shaft attachment means, perimeter weights on the club head, and fillers within hollow club heads.", "\nGolf club heads must also be strong to withstand the repeated impacts that occur during collisions between the golf club and the golf ball. ", "The loading that occurs during this transient event can create a peak force of over 2,000 lbs. ", "Thus, a major challenge is designing the club face and body to resist permanent deformation or failure by material yield or fracture. ", "Conventional hollow metal wood drivers made from titanium typically have a uniform face thickness exceeding 2.5 mm to ensure structural integrity of the club head.", "\nPlayers generally seek a metal wood driver and golf ball combination that delivers maximum distance and landing accuracy. ", "The distance a ball travels after impact is dictated by the magnitude and direction of the ball's translational velocity and the ball's rotational velocity or spin. ", "Environmental conditions, including atmospheric pressure, humidity, temperature, and wind speed, further influence the ball's flight. ", "However, these environmental effects are beyond the control of the golf equipment manufacturer. ", "Golf ball landing accuracy is driven by a number of factors as well. ", "Some of these factors are attributed to club head design, such as center of gravity and club face flexibility.", "\nThe United States Golf Association (USGA), the governing body for the rules of golf in the United States, has specifications for the performance of golf balls. ", "These performance specifications dictate the size and weight of a conforming golf ball. ", "One USGA rule limits the golf ball's initial velocity after a prescribed impact to 250 feet per second±2% (or 255 feet per second maximum initial velocity). ", "To achieve greater golf ball travel distance, ball velocity after impact and the coefficient of restitution of the ball-club impact must be maximized while remaining within this rule.", "\nGenerally, golf ball travel distance is a function of the total kinetic energy imparted to the ball during impact with the club head, neglecting environmental effects. ", "During impact, kinetic energy is transferred from the club and stored as elastic strain energy in the club head and as viscoelastic strain energy in the ball. ", "After impact, the stored energy in the ball and in the club is transformed back into kinetic energy in the form of translational and rotational velocity of the ball, as well as the club. ", "Since the collision is not perfectly elastic, a portion of energy is dissipated in club head vibration and in viscoelastic relaxation of the ball. ", "Viscoelastic relaxation is a material property of the polymeric materials used in all manufactured golf balls.", "\nViscoelastic relaxation of the ball is a parasitic energy source, which is dependent upon the rate of deformation. ", "To minimize this effect, the rate of deformation must be reduced. ", "This may be accomplished by allowing more club face deformation during impact. ", "Since metallic deformation may be purely elastic, the strain energy stored in the club face is returned to the ball after impact thereby increasing the ball's outbound velocity after impact.", "\nA variety of techniques may be utilized to vary the deformation of the club face, including uniform face thinning, thinned faces with ribbed stiffeners and varying thickness, among others. ", "These designs should have sufficient structural integrity to withstand repeated impacts without permanently deforming the club face. ", "In general, conventional club heads also exhibit wide variations in initial ball speed after impact, depending on the impact location on the face of the club. ", "Hence, there remains a need in the art for a club head that has a larger “sweet zone” or zone of substantially uniform high initial ball speed." ]
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0.000654
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[ "Carcharocles angustidens\n\nCarcharocles angustidens is a species of prehistoric megatoothed sharks in the genus Carcharocles, which lived during the Oligocene and Miocene epochs about 33 to 22 million years ago. ", "This shark is related to another extinct megatoothed shark, Carcharocles megalodon.", "\n\nTaxonomy \nThe Swiss naturalist Louis Agassiz, first identified this shark as a species of genus Carcharodon in 1835.", "\n\nIn 1964, shark expert, L. S. Glikman recognized the transition of Otodus obliquus to C. auriculatus and moved C. angustidens to genus Otodus. (", "See \"external links\" below)\n\nHowever, in 1987, shark expert H. Cappetta recognized the C. auriculatus - C. megalodon lineage and placed all related megatooth sharks along with this species in the genus Carcharocles. ", "The complete Otodus obliquus to C. megalodon transition then became clear and has since gained the acceptance of many other experts with the passage of time. ", "Within the Carcharocles lineage, C. angustidens is the species succeeding C. sokolovi and is followed by C. chubutensis.", "\n\nIn 2001, a discovery of the best preserved Carcharocles angustidens specimen to date by two scientists, Michael D. Gottfried and Ewan Fordyce, has been presented by the team as evidence for close morphological ties with the extant great white shark, and the team argued that Carcharocles angustidens, along with all other related megatooth sharks, including Carcharocles megalodon, should be assigned to Carcharodon as was done before by Louis Agassiz., ", "although this is not internationally accepted by the scientific community.", "\n\nSize estimation \nLike other known megatooth sharks, the fossils of C. angustidens indicate that it was considerably larger than the extant great white shark, Carcharodon carcharias. ", "The well preserved specimen from New Zealand is estimated at in length. ", "This specimen had teeth measuring up to in diagonal length, and vertebral centra around in diameter. ", "However, reports of larger C. angustidens fossils have been made.", "\n\nDentition \nThe dental formula for C. angustidens is\n\nDiet \nC. angustidens was an apex predator and likely preyed upon penguins, fish, dolphins, and baleen whales.", "\n\nFossil record \nAs is the case with most extinct sharks, this species is also known from fossil teeth and some fossilized vertebral centra. ", "Shark skeletons are composed of cartilage and not bone, and cartilage rarely gets fossilized. ", "Hence, fossils of C. angustidens are generally poorly preserved. ", "To date, the best preserved specimen of this species have been excavated from New Zealand, which comprises 165 associated teeth and about 35 associated vertebral centra. ", "This specimen is around 26 million years old. ", "C. angustidens teeth are noted for their triangular crowns and small side cusps that are fully serrated. ", "The serrations are very sharp and very well pronounced. ", "C. angustidens was a widely distributed species with fossils found in:\n\nNorth America\n Yazoo Formation, Alabama\n Jewett Sand Formation, California\n Clinchfield Formation, Georgia\n Calvert Formation, Maryland\n Jackson Group, Mississippi\n Kirkwood Formation, New Jersey\n Castle Hayne Formation, North Carolina\n Hawthorne Formation, South Carolina\n\nEurope\n Paris Basin, France\n Leipzig / Stoermthal, Germany\nAsia\n Ashiya Group, Japan\n\nOceania\n Ettric, Jan Juc, Gambier Limestone, Clifton Formations, Australia\n Otekaike Formation, New Zealand\n\nAfrica\n\nSouth America\n Dos Bocas Formation, Ecuador\n\nSee also \n\n Prehistoric fish\n Largest prehistoric organisms\n\nReferences\n\nFurther reading \n Glikman, L.S., 1980. ", "Evolution of Cretaceous and Caenozoic Lamnoid Sharks:3-247, pls.1-33. ", "Moscow.", "\n Jordan, D.S. & Hannibal, H., 1923. ", "Fossil Sharks and Rays of the Pacific Slope of North America. ", "Bulletin of the Southern California Academy of Sciences, 22:27-63, plates 1-9.", "\n\nExternal links \n A large extinct white shark: Carcharodon angustidens from New Zealand Oligocene rocks.", "\n Carcharocles: Extinct Megatoothed shark\n\nangustidens\nCategory:Oligocene sharks\nCategory:Miocene sharks\nCategory:Chattian species first appearances\nCategory:Aquitanian species extinctions\nCategory:Fossils of Australia\nCategory:Paleogene Ecuador\nCategory:Fossils of Ecuador\nCategory:Fossils of France\nCategory:Fossils of Japan\nCategory:Fossils of New Zealand\nCategory:Paleogene United States\nCategory:Fossils of Georgia (U.S. state)\nCategory:Fossils of Mississippi\nCategory:Fossils of New Jersey\nCategory:Fossils of North Carolina\nCategory:Fossils of South Carolina\nCategory:Fossil taxa described in 1843\nCategory:Taxa named by Louis Agassiz" ]
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0.000959
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[ "module Mandrill::Rails::Errors\n Base = Class.new(StandardError)\n MissingEventHandler = Class.new(Base)\nend\n" ]
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0.001065
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[ "Saturday, July 9, 2011 from 7:00 PM to 11:00 PM (PDT)\n\nTicket Information\n\nEvent Details\n\nFeaturing The Sharp Lads, My Gay Banjo, Soft Black, Elizabeth Devlin, Franz Nicolay and the Shivers performing live in the \"roots\" of the Farm--the warehouse studio below the greenroof. ", "Doors at 7pm.", "\n\nSales support Eagle Street's partner in farm-based education, Growing Chefs (www.GrowingChefs.org) and the Open Space Institute for the preservation of our rolling hills, clean water and air, and well-farmed spaces. ", "Drinks lovingly provided by Brooklyn Brewery. ", "Music brought to the Rooftop by Broadway Stages." ]
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0.000682
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[ "334 F.2d 742\nDonald R. LORD et al., ", "Plaintiffs, Appellants,v.Alvin M. KELLEY et al., ", "Defendants, Appellees.", "\nNo. ", "6307.", "\nUnited States Court of Appeals First Circuit.", "\nJuly 13, 1964.", "\n\nJohn Warren McGarry, Boston, Mass., for appellants.", "\nJohn M. Brant, Atty. ", "Dept. ", "of Justice, with whom Louis F. Oberdorfer, Asst. ", "Atty. ", "Gen., Lee A. Jackson and Joseph M. Howard, Attys. ", "Dept. ", "of Justice, W. Arthur Garrity, Jr., U. S. Atty., ", "and Murray H. Falk, Asst. ", "U. S. Atty., ", "were on brief, for appellees.", "\nBefore WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.", "\nALDRICH, Circuit Judge.", "\n\n\n1\nOn April 18, 1962 Intelligence Agents of the Internal Revenue Service, upon what was stated to be an appointment for a routine audit, entered the combined place of business and home of appellant Lord, a public accountant, and departed some hours later with three cartons of business records, bank statements, checks and stubs, etc., ", "belonging to the other appellants, hereinafter taxpayers, which had been in Lord's custody. ", "Even disregarding dramatic embellishments suggested by Lord in his testimony, and by counsel in argument,1 the agents' conduct was taken either over the continued objection of Lord, or with consent obtained only by threats of personal harassment, and was in total violation, also, of the rights of the taxpayers. ", "It is true that Flattery, the agent in charge, had in his possession a summons issued under authority of section 7602 of the 1954 Code addressed to Lord and requiring him to appear and give testimony on April 30 and to bring with him the books, records, ledgers, bank statements, cancelled checks and other papers, designated in general terms, of the taxpayers here involved. ", "The summons was served upon Lord as the agents were leaving. ", "This summons, of course, was not a search warrant, nor did it even purport to justify anything done by the agents on April 18. ", "The agents' conduct, in other words, was without semblance of excuse, and the finding of the district court that they knew there was none has not been, and could not be, assailed.2\n\n\n2\nThereafter Lord, joined by the taxpayers, filed in the district court what they termed a \"Complaint for temporary restraining order and injunction. ", "Return of records and suppression of evidence.\" ", "Named as defendants were the local District Director and the local Chief of Intelligence of the IRS, and the three agents who made the seizure. ", "The relief asked was that all documents seized \"and the oral information, statements and admissions made, and all leads and clues therefrom * * * be suppressed\" and that the records, etc. ", "be returned. ", "Secondly, that defendants \"be perpetually enjoined from using in any shape, form or manner whatever, directly or indirectly, and from * * * transferring to any person * * * any and all of such evidence illegally obtained.\" ", "There were also prayers for a preliminary injunction and for general relief.", "\n\n\n3\nFollowing a hearing at which evidence was introduced the court concluded that \"where a federal criminal prosecution is probable a federal trial court shall have nonstatutory jurisdiction to enjoin federal enforcement officers from holding or using property they unlawfully seized.\" ", "It made detailed findings and entered a judgment ordering all records, etc. ", "taken from Lord returned to him, and enjoining all representatives of the IRS \"and all persons who have acted in concert with them in the use of the records and papers transferred by Lord\" from ever \"using in any proceeding * * any information or clues derived during the time they held such records.\" ", "It further ordered that all \"documents, writings, and other papers obtained from persons not parties to this action, * * * notes of interviews with and statements, affidavits and transcripts of testimony * * * and * * * work papers and other papers prepared by personnel of the Internal Revenue Service for use solely within the Government\" be deposited with the Clerk of the District Court \"open to inspection at any time, without restriction\" by any judge or by Lord or by the taxpayers involved. ", "The judgment continued, \"[N]othing in this injunction shall preclude the United States or its agents from requiring by appropriate warrant, subpoena, summons, or other due process of law, the production of any record or paper covered by the summons\" in the possession of the agents when they arrived at Lord's home. ", "It is, essentially, from this last that appellants jointly appeal.3 There is no cross appeal.", "\n\n\n4\nThe first question is that of our jurisdiction. ", "Before coming directly to this a further recitation may be in order. ", "It is apparent that appellants have received all of the present relief requested. (", "Indeed, by a painstakingly thorough order they have received more present relief than they requested.) ", "What they wish is that there be attached to the documents returned to them a perpetual immunity from process, civil, as well as criminal. ", "Ostensibly, and persistently, they ask this relief in the name of restoration to the status quo, but, in fact, they ask it as a penalty.4 The announced basis of the court's decision was that appellants were \"entitled to be as well off as if Flattery had not unlawfully seized those papers, but * * * not * * * any better off\".5 It pointed out that \"Flattery knew of these records before they were delivered to him. ", "More significantly, he had already signed a summons covering those records.\" ", "From this the court concluded that a total immunization of the records would not merely restore the status quo, but would deprive the government of the benefit of the knowledge it had before the incident. ", "Appellants' response is that the record \"clearly demonstrates\" that the government had \"no such prior independent knowledge.\" ", "The justification, if any, for this statement must depend upon what is meant by the word \"such.\" ", "Obviously, and admittedly, the government did not have the detailed knowledge of specific records beforehand that it had afterwards. ", "But, equally obviously, it had very considerable knowledge, as the summons conclusively establishes.", "\n\n\n5\nIn this posture we turn to appellants' principal, and insistent, position that there is an \"express provision in the judgment below that these records and other property may now be obtained by process.\" ", "The court, as already quoted, supra, clearly made no such provision. ", "It merely stated that it was declining to rule the reverse. ", "When the government's brief noted the difference appellants stated in reply, \"This is at best a sophistry.\"", "\n\n\n6\nWe might say, parenthetically, that we have some difficulty in deciding whether appellants are clear in their own minds what they are arguing. ", "A considerable portion of their brief is devoted to the proposition that there are constitutional objections quite apart from, and independent of, the occurrences of April 18 which would prevent their records from ever being reached, and to making contentions which, inter alia, might be said to disregard the fact that some of them are corporate rather than natural persons. ", "They seem to argue that the judgment below affirmatively overruled these objections. ", "Of course it did nothing of the sort, and such questions could not be before us. ", "The most that is before us is whether, if some other proceeding hereafter occurs, the events of April 18 must, as a matter of law, prevent every department of the government and every agency, administrative, civil or criminal, from seeing these records irrespective of what rights to do so the government would otherwise have had. ", "When the government makes the point, on the issue of appealability, that no such proceedings have been instituted, and, conceivably, never may be, appellants reply that the government is advancing \"the incredible proposition that * * * unless [government] agents * * * choose to initiate proceedings to compel production of those very records, appellants should not have appellate relief from the lower Court's denial of their constitutional rights.\" ", "However, it must clearly be that if there are no further proceedings no constitutional rights will have been denied.", "\n\n\n7\nThis, it seems to us, indicates the answer to the question of appealability. ", "We are not concerned with whether, had appellants' prayer for the return of their papers been denied, such refusal would have been appealable. ", "Cf. ", "Perlman v. United States, 1918, 247 U.S. 7, 38 S.Ct. ", "417, 62 L.Ed. ", "950; explained in Cobbledick v. United States, 1940, 309 U.S. 323, 328-9, 60 S.Ct. ", "540, 84 L.Ed. ", "783; Reisman v. Caplin, 1964, 375 U.S. 440, 449, 84 S.Ct. ", "508, 11 L.Ed.2d 459. ", "With the only question before us whether it is to be ruled now that if some future proceeding is brought the government's rights will be affected by what took place hitherto, and with no assertion of what these proceedings will be, appellants are, at best, seeking declaratory relief before there is a controversy.", "\n\n\n8\nIf we should construe the district court's judgment as an affirmative declaratory ruling against appellants in any and all possible proceedings, as distinguished from a mere refusal to rule the way they requested, we are clear that it should be regarded as an interlocutory order only. ", "This would mean that it is subject to revision by the particular judge who entered it, or by any other, in the light of the circumstances as they may eventually develop. ", "Cf. ", "The Haverhill Gazette Co. v. Union Leader Corp., 1 Cir., ", "1964, 333 F.2d 798; United States v. One 1946 Plymouth Sedan Automobile, 7 Cir., ", "1948, 167 F.2d 3, 8-9; see Ideal Toy Corp. v. Sayco Doll Corp., 2 Cir., ", "1962, 302 F.2d 623, 625. ", "We would regard this as appropriate, but make, we may add, no suggestion as to how the court's present order should be interpreted, or whether or not it may have been sound.", "\n\n\n9\nAppellants say that Di Bella v. United States, 1962, 369 U.S. 121, 82 S.Ct. ", "654, 7 L.Ed.2d 614, indicates a contrary result. ", "Di Bella held against appealability in a perhaps partially comparable situation. ", "Appellants' argument is, in effect, that because none of the reasons given by the court there in support of its decision are here applicable, we should apply a reverse English. ", "Without passing upon the correctness of appellants' premise, it is enough to say that it does not lead to the suggested conclusion.", "\n\n\n10\nJudgment will be entered dismissing the appeal for want of jurisdiction.", "\n\n\n\nNotes:\n\n\n1\n For example, although no force or threat of force was used in connection with the removal, counsel voiced as a special complaint that Lord's constitutional rights had been invaded in the presence of his 2- and 4-year old children\n\n\n2\n The only explanation offered was that the agents intended, if there was not a \"voluntary\" production, to summon these records, and wished to make a preliminary verification to make sure of full compliance. ", "Expression of our views about such behavior seems hardly necessary\n\n\n3\n The notice of appeal was \"from that part of the judgment * * * which denied that the unlawful search and seizure constituted a violation of the rights of said parties plaintiff under the 5th amendment to the Constitution of the United States as well as under the 4th amendment thereto; and further, which refused and denied to the said plaintiffs herein such relief sought as would perpetually enjoin said defendants herein from using the evidence illegally obtained from the books, statements, and leads and clues therefrom in any future proceedings, criminal, civil or administrative, Federal or State.\" ", "Whether the search violated the Fifth Amendment as well as the Fourth does not affect our disposition of this appeal.", "\n\n\n4\n It was as a penalty that the district court did issue such an injunction in the recent case of Hinchcliff v. Clarke, D.C.N.D. Ohio, 1964, 230 F.Supp. ", "91. ", "The court's stated reasons were that the wrongful seizure had put taxpayers to great expense; that the fact that the taxpayers wanted the documents back might of itself cause the government to believe that they were not innocent; that to rule otherwise would give the taxpayers but a \"hollow victory;\" and, finally, that the U. S. Attorney there, unlike his Department of Justice counterparts in the case at bar, showed \"no contrition.\"", "\n\n\n5\n The court went on to say that the \"penalty\" should not go beyond preventing the government from gaining any advantage from its \"dirty hands.\"", "\n\n\n" ]
{ "pile_set_name": "FreeLaw" }
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0.001649
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[ "Restoring the Gulf of Mexico and its Wild Inhabitants\n\nThe Gulf of Mexico watershed is critically important to the health and vitality of our nation’s natural and economic resources. ", "This vast watershed provides rich soils to feed the nation and oil and gas to power it. ", "The watershed is at the heart of our nation’s outdoor legacy, where 40 percent of all North American migrating waterfowl and shorebirds use the Mississippi Flyway. ", "The Gulf Coast, from Texas to Florida, is also home to more than 130 federally protected species, most of which are endangered. ", "Restoring this vital area will ensure America continues to thrive well into and beyond the 21st century.", "\n\nWhat's at Stake\n\nThe Gulf of Mexico is a large and diverse landscape, ecologically rich as a result of coastal geomorphology, climate and hydrology, and its connection to a productive marine environment. ", "This landscape is also rich in culture and history as evidenced by flourishing ports and coastal communities, trade, agriculture, seafood harvest, energy production and tourism.", "\n\nFew places on the globe match the Gulf of Mexico’s coast in abundance and variety of wildlife. ", "It is home to 132 federally listed species, 95 of which are endangered. ", "They include some of America’s most beloved and iconic species, from the Florida manatee, an aquatic relative of the elephant, to the whooping crane, North America’s tallest bird. ", "The Gulf region provides habitat for millions of waterfowl, shorebirds, and songbirds and contains the most diverse collection of fish species in the northern hemisphere.", "\n\nThese fish and wildlife resources are supported by an array of some of the world’s most biologically diverse habitats spanning bottomland hardwood forests, cypress swamps, coastal marshes, estuaries and barrier islands.", "\n\nThe natural resources in the five Gulf states are the foundation of a multi-billion dollar economic engine that employs more than 8 million people, produces more than half of America’s crude oil and natural gas, and accounts for the majority of the nation’s annual shrimp and oyster harvest. ", "Hunting, fishing, bird watching and other wildlife-dependent recreation contributes more than $25 billion annually to the region’s economy (2011 National Survey of Fishing, Hunting and Wildlife Associated Recreation).", "\n\nOver the last century, climate change, sea level rise, habitat conversion and fragmentation, decreasing water quality and quantity, and invasive species have diminished the resiliency of the Gulf of Mexico ecosystem.", "\n\nMost alarming is the fate of Louisiana’s coastal wetlands. ", "Every 38 minutes, another football field of wetlands disappears into the sea, taking with it nature’s best storm protection and water filter, as well as the cradle for sea life in the world’s third largest delta. ", "Natural disasters like hurricanes and manmade disasters like oil spills exacerbate these impacts. ", "As a result, native fish and wildlife populations and their habitats are in decline, imperiling the very fabric that supports the Gulf Coast’s vibrant economy.", "\n\nIn order to achieve a healthy Gulf of Mexico, the Service recognizes conservation must occur throughout the greater Gulf watershed. ", "More than half the continental United States drains to the Gulf of Mexico, as do parts of Mexico and Canada. ", "Society’s investment in the Gulf of Mexico will be at risk if we restore the coastal region but fail to address systemic causes of the water pollution, dead zones, invasive species, and fragmented wildlife habitat that plague it.", "\n\nThe gregarious sandwich tern is found almost exclusively along coastal areas and barrier islands. ", "The northern Gulf Coast harbors about three-quarters of the population in the southeastern United States. ", "Photo: Donna A. Dewhurst, USFWS." ]
{ "pile_set_name": "Pile-CC" }
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0.000969
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[ "Q:\n\nMy ISP is creating a second Access Point on my router, how can this be?", "\n\nMy router is an ADB da2200 and AFAIK it doesn't come with 2 wifi cards so how can it be (technically) that they're using every one of these routers to create a second access point (it's called wow fi and it's available to users of the same ISP throughout my country)?", "\n\nA:\n\nWith WiFi, you can have multiple networks on the same channel. ", "They are separated by their SSID (name) and BSSID (MAC address). ", "It’s like VLAN tagging, only mandatory.", "\nThese networks can be served by a single radio. ", "A radio can operate on only one channel (concurrently). ", "Of course, all devices on the same channel (or with overlapping channels) share bandwidth, so you won’t get, say, N×300 MBit/s. Popular consumer-grade WiFi chipsets offer support for anything from 2 concurrent networks to at least 8 networks.", "\nAll networks can have different levels of encryption/access control set. ", "However, they share hardware settings like transmit power and whatnot.", "\nInside the router/access point, these networks appear as separate network interfaces and can be linked to, say, a tunnel to your ISP.", "\n\n" ]
{ "pile_set_name": "StackExchange" }
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0.000907
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[ "Rakim Rocks Out With Linkin Park on ‘Guilty All the Same’\n\nHip-hop meets rock once again on Linkin Park's guitar-shredding new song 'Guilty All the Same,' which features the legendary God MC Rakim.", "\n\nThe tune is a far cry from the sounds of 'In the End,' Linkin Park's more mainstream-friendly 2000 ode. ", "On this track, the rockers join forces with Rakim for a loud, raging number that centers on pointing the finger when it comes to blame.", "\n\nIf you've still stuck around after the seriously long intro -- more than a minute passes before lyrics are heard -- Rakim comes in on the latter half of the track. ", "The rapper questions the path some take to get rich quick. \"", "Can y'all explain what kind of land is this / When a man has plans of being rich / But the bosses plans is wealthy / There'll be a money scheme, a clean split / Nonsense the same, even confidence is filthy,\" he raps.", "\n\nSo how did Linkin Park and one of rap's greats team up? ", "Member Mike Shinoda, who is also a rapper, looks to the 'Paid in Full' creator for inspiration.", "\n\n“That’s like one of my idols,” Shinoda told KROQ. “", "If you get into the nitty-gritty of his rhyme pattern and the topic in this song, it’s bananas what he is doing. ", "He’s on the some Steve Vai s--- vocally.” ", "Vai was a member of lauded rocker Frank Zappa's band.", "\n\n“It really is a highlight of the song,” said Linkin Park's Chester Bennington." ]
{ "pile_set_name": "Pile-CC" }
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0.013568
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[ "Q:\n\n$x, g \\in G \\rightarrow |x| = |g^{-1}xg|$?", "\n\nLet $x, g \\in G$ where $G$ is a group and let $|h|$ denote the order of an element $h \\in G$. Show that $|x| = |g^{-1}xg|$, and conclude that $a, b \\in G \\rightarrow |ab| = |ba|$.\nDoes anyone have a get-started hint or two, keeping in mind this is for a first class in algebra?", "\n\nA:\n\nHints: \n\n$x^n=1$ if and only if $(g^{-1}xg)^n=1$\n$ba=a^{-1}(ab)a$\n\n" ]
{ "pile_set_name": "StackExchange" }
[ 0.012612075544893742, 0.002520141424611211, 0.004901329055428505 ]
0.006678
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[ "The Painful Legacy of Childhood Violence: Migraine Headaches Among Adult Survivors of Adverse Childhood Experiences.", "\nChildhood adversities have been associated with adult migraine in the general population. ", "However, most research has focused on only a few types of maltreatment and has not always controlled for factors correlated with early adversities and migraine. ", "The aim of this study was to investigate the relationship between early adversities and migraine, while controlling for a range of potential explanatory factors. ", "We analyzed data from the 2012 Canadian Community Health Survey - Mental Health. ", "Using a representative sample of 10,358 men and 12,638 women, we undertook gender-specific logistic regression analyses to determine the association between number and type of self-reported childhood adversities (physical abuse, sexual abuse, and witnessing parental domestic violence) and migraine, while controlling for sociodemographics, comorbid adversities, health behaviors, depression, and anxiety. ", "In total, 6.5% of men and 14.2% of women reported migraines. ", "All three adversities were significantly associated with migraine for both genders, even after controlling for a range of variables. ", "The fully adjusted odds of migraine associated with physical abuse, parental domestic violence, and sexual abuse were 1.61 (95% confidence interval [CI] = 1.42-1.83), 1.64 (95% CI = 1.39-1.93), and 1.32 (95% CI = 1.11-1.57), respectively, for women, and 1.50 (95% CI = 1.25-1.80), 1.52 (95% CI = 1.16-1.98), and 1.70 (95% CI = 1.22-2.36) for men. ", "Greater number of adversities was also associated with increasing odds of migraine. ", "Men reporting all three adversities had over three times (odds ratio = 3.26; 95% CI = 2.09-5.07) and women over two times (OR = 2.85; 95% CI = 2.25-3.60) the odds of migraine compared with those without childhood adversities. ", "Number and type of early adversities are associated with migraine among Canadian men and women." ]
{ "pile_set_name": "PubMed Abstracts" }
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0.001115
12
[ "Background {#Sec1}\n==========\n\nA remarkable increase in renal diseases has been observed during the time period between 1990 and 2007 in Sri Lanka. ", "Around the year 2000, it was observed that the number of CKD patients from the North Central Province (NCP) has risen and a retrospective study at that time reported a new form of CKD which was not associated with conventional risk factors \\[[@CR1]\\]. ", "Due to the illusive nature of its aetiological factors it has been named \"Chronic Kidney Disease of uncertain aetiology\" (CKDu). ", "CKDu is not limited to Sri Lanka; similar cases have been discovered in El Salvador, Nicaragua, Costa Rica, Srikakulam District in Andhra Pradesh, India and the Balkan region \\[[@CR2]--[@CR10]\\]. ", "Athuraliya et al. (", "2011) reported that in Sri Lanka, CKDu is regionally biased towards the North central region of the country \\[[@CR11]\\]. ", "Anuradhapura, Polonnaruwa and parts of Badulla district have been identified as CKDu-endemic regions with higher incidence and prevalence of CKDu in Sri Lanka \\[[@CR11]\\]. ", "The initial CKDu screening tool, the semi-quantitative dipstick proteinuria, has detected macro albuminuria range in late-stage CKDu cases. ", "However, accumulating evidence has demonstrated that this biomarker is not optimal to detect CKDu in early stages. ", "Dipstick proteinuria based observational studies on prevalence of CKDu among a large number of populations show that it lacks in accuracy to be implemented into routine CKDu management \\[[@CR12]\\].", "\n\nCKDu is clinically defined as kidney damage in the absence of a past history of diabetes mellitus, chronic or severe hypertension, snake bite with systemic envenomation, glomerular nephritis or obstructive nephropathies. ", "Presence of renal dysfunction when HbA1c \\< 6.5%, blood pressure \\< 160/100 mmHg untreated or \\<140/90 mmHg on up to two antihypertensive medications, residing in a CKDu endemic area for more than five years, exhibition of bilateral echogenic kidneys and a renal biopsy indicating a pathology of tubular interstitial disease can be denoted as demarcating parameters of CKDu \\[[@CR13]\\]. ", "Histopathological studies have reported that CKDu features tubular lesions as the major pathological characteristic while glomerular and vascular lesions are predominant in hypertensive or diabetic CKD \\[[@CR14]\\]. ", "The cause of CKDu in Sri Lanka is unknown; Nevertheless, subsequent studies suggest that the cause for CKDu in NCP might be an environmental factor, possibly related to drinking water or food \\[[@CR1], [@CR12], [@CR13], [@CR15]--[@CR17]\\].", "\n\nIn the absence of known etiology, intervention in the early stages and modification of known CKD risk factors seems to be more effective to prevent and delay the progression to End Stage Renal Disease (ESRD). ", "The protein detecting urine dipstick method in CKD screening is a widely used screening tool supported by many studies \\[[@CR11], [@CR18], [@CR19]\\]. ", "Proteinuria is an established marker in CKD diagnosis, progression and prediction of cardiovascular complications \\[[@CR20]\\]. ", "This is an inexpensive and rapid point-of-care diagnostic test that has high specificity and around 40% sensitivity in detecting proteinuria \\[[@CR21]\\]. ", "CKDu endemic populations were screened using dipstick proteinuria at the time of the study. ", "Dipstick positive cases were confirmed with ACR, serum creatinine (S.Cr), renal ultrasound scan and renal biopsy in the detailed assessment.", "\n\nThe limitations of dipstick test include a high false-positive rate due to variation in individual reading, difficulty in getting early-morning first-void urine for testing as well as orthostatic proteinuria in untimed spot urine samples \\[[@CR22]\\]. ", "Moreover, nephrologists who are engaged in CKDu screening have observed early CKDu in Sri Lanka as a minimally-proteinuric disease exhibiting a sub-nephrotic range like other tubulointerstitial nephropathies. ", "Due to these limitations, dipstick-negative subjects at preliminary screenings were later detected incidentally at an advanced stage challenging the initial screening process \\[[@CR23]\\]. ", "Nanayakkara et al. (", "2012) reported manifestation of elevated urinary tubular protein: α1-microglobulin in early CKDu in Sri Lanka. ", "Similarly, low-molecular-weight proteins were detected in Chinese herbal nephropathy, Dent's disease and some other forms of tubular diseases \\[[@CR24]--[@CR26]\\]. ", "Majority of patients in the north central region of the country were screened with predominantly albumin detecting dipstick and were found to be positive in stages four and five at the detection \\[[@CR12]\\]. ", "Hence, it is evident that a more efficient, sensitive and a quantitative screening marker instead of urine dipstick proteinuria is required for early detection of the disease to achieve improved patient safety and reduced morbidity. ", "No previous study has attempted to evaluate screening markers for CKDu in Sri Lanka. ", "This study was designed to explicitly evaluate the usability of alternative CKD biomarkers in screening and diagnosis of CKDu in Sri Lanka.", "\n\nIn our study, efficiency of three biomarkers, serum cystatin C (S.Cys), and S.Cr as functional serum markers as well as urine ACR as a renal damage marker were tested on CKDu patients and two control groups. ", "Among the biomarkers evaluated, ACR is a well-accepted, widely available, point of care marker, which is sensitive for low levels of albumin and it has been used as a successful biomarker for screening CKD in Indo-Asian populations by Jafar et al. ", "in 2007 \\[[@CR27]\\]. ", "Further, it has been shown to be capable of detecting early stage CKD and effective in patients with hypertension or diabetes \\[[@CR28]\\]. ", "Even though urine based tests are more convenient as screening tests in field clinics, albumin or protein based tests can produce negative results even in advanced non-proteinuric types of tubular interstitial diseases. ", "Due to this fact, we considered two serum based markers: Creatinine and Cystatin C. Creatinine is a breakdown product of a non-enzymatic process involving creatine phosphate and is a well-recognized endogenous marker in diagnosis and determination of the progression of CKD \\[[@CR29], [@CR30]\\]. ", "Cystatin C is a small plasma protein molecule that is freely filtered at kidney glomerulus \\[[@CR31], [@CR32]\\]. ", "It is a sensitive biomarker of kidney function in mild-to-moderate kidney disease. ", "S.Cys was utilized as studies suggest it to be a superior indicator of estimated Glomerular Filtration Rate (eGFR) in comparison to S.Cr while being independent from age and sex-associated conditions \\[[@CR33]--[@CR36]\\]. ", "A general overview of characteristics of the biomarkers in concern is presented in Table [1](#Tab1){ref-type=\"table\"}.Table 1A qualitative comparison of biomarkers of this studyDipstick proteinuriaCreatinineCystatin CACRPoint-of-care testLaboratoryLaboratoryLaboratorySemi quantitativeQuantitativeQuantitativeQuantitativeNon-invasiveMinimally-invasiveMinimally-invasiveNon-invasiveInterpreter biasNoneNoneNone\n\nMethods {#Sec2}\n=======\n\nThis study, as depicted in Fig. [", "1](#Fig1){ref-type=\"fig\"}, sequentially attempts to discriminate CKDu from true controls followed by endemic controls and finally general CKD patients. ", "Potential alternative biomarkers (S.Cr, S.Cys and ACR: hereafter denoted as target markers) were tested for all above mentioned patient and control groups alongside dipstick proteinuria.", "Fig. ", "1Sequence of study objectives\n\nPatient data was gathered based on a systematic screening strategy. ", "Forty-four biopsy-proven male CKDu cases were selected as the patient group. ", "Those patients had been initially referred to the renal clinic either from population screening programs or presented to clinicians at acute interstitial nephritis stage \\[[@CR23]\\]. ", "Hospital records were used to select a subset of patients such that a random demographic distribution was obtained. ", "Voters' lists were used to select 49 endemic controls to obtain a similar representation from the same regions. ", "25 non-endemic controls were similarly selected from a CKDu non-endemic area. ", "In particular, both control groups had insignificant medical history and normal blood pressure values. ", "All control subjects went through a routine screening protocol including detailed medical history to exclude subjects with renal diseases. ", "Endemic controls were considered as 'at risk controls' whereas non-endemic controls were taken as 'true controls'. ", "Renal biopsy was taken as the gold standard for diagnosis of CKDu patients. ", "Thirty CKD patients were selected for a comparative ROC analysis against CKDu where 9, 13 and 8 patients were selected from stage two, three and four respectively who represented proportions of different CKD etiologies in Sri Lanka according to a recent study \\[[@CR30]\\]. ", "CKD aetiologies were such that 11, 7 and 12 patients were from diabetic nephropathy, hypertensive nephropathy and other renal disorders respectively \\[all CKD patients were under Renin Angiotensin- Aldosterone System (RAAS) blockade\\]. ", "General CKD patients were not subjected to further statistical analysis, therefore, the data is provided as a supplementary repository.", "\n\nBlood samples for serum analysis were collected from a peripheral vein. ", "Early morning first-void urine samples were collected in to polypropylene tubes and immediately stored at 4 °C after acquisition and transported to the laboratory. ", "Laboratory analyses were performed at ISO 15189: 2007 certified Durdans laboratories, Sri Lanka LTD (Accreditation No: ML 010-01). ", "S.Cys concentrations were measured by particle enhanced immuno-turbidimetry using the Dakocytomation assay kit (DAKO Ltd., Code No. ", "LX002, Denmark, Standardized against ERM-DA471/IFCC). ", "Creatinine was determined colorimetrically using picric acid based Jaffe's reaction method (non IDMS-traceable). ", "HbA1c was determined using a Bio-Rad D-10 HPLC analyzer while Urinary ACR was measured by Hitachi 911 and 912 auto-chemistry analyzers.", "\n\nStatistics are reported as mean and standard deviation (SD), for frequency of continuous data. ", "The Pearson's correlation coefficient was used to evaluate the correlation between variables. ", "Endemic and non-endemic control groups were subjected to an independent sample T-test. ", "ROC curves were used to determine the clinical accuracy of target biomarkers. ", "ROC plots were constructed and AUCs with 95% Confidence Interval (CI), sensitivity (Sn) and specificity (Sp) were calculated. ", "An additional ROC plot was generated comparing CKDu patients and an equal number of stage- matched CKD patients. ", "Optimal cutoff values for discrimination between the positive and negative diagnosis were set. ", "Statistical analysis was performed using the SPSS software version 18.0 for Windows.", "\n\nResults {#Sec3}\n=======\n\nCharacteristics of the three examined study groups are shown in Table [2](#Tab2){ref-type=\"table\"}. ", "Systolic and diastolic blood pressures were normal and comparable among all groups. ", "Meanwhile, the age compositions were similar among CKDu cases and non-endemic controls. ", "Stage of renal disease computed by the Modified Diet for Renal Diseases (MDRD) formula indicated that 75% of the patients belonged to stage two and three. ", "HbA1c levels were comparable only among the two control groups. ", "Mean values for target biomarkers measured for each study group is given in Table [3](#Tab3){ref-type=\"table\"} with reference ranges used in Sri Lanka.", "Table 2Case/control stratified characteristics of the study groupsCKDu (SD)Non-endemic control (SD)Endemic control (SD)Number (N)442549Mean age (Years)47.6 (8)47.8 (13)41.4 (9)Mean eGFR (ml/min/1.73m^2^)60.5 (23.4)107 (25)79 (16)Mean BP^a^-Systolic (mmHg)114.6 (16)118.1 (16.5)115.5 (14.3)Mean BP-Diastolic (mmHg)76 (10)76.6 (8.4)75.3 (8.5)Mean HbA1c (%)5.71 (0.38)5.18 (0.27)5.15 (0.41)^a^Blood pressure Table 3Mean values of target biomarkers stratified by the study groupParameter with reference valueCKDu^*a*^ (SD)Non-endemic control^b^ (SD)Endemic control^c^ (SD)S.Cr (53--116 μmol/L)140.1 (66.8)74.1 (13.7)102.5 (35.4)S.Cys (0.59--1.03 mg/L)1.7 (0.7)0.86 (0.2)1.08 (0.4)ACR (\\<30 mg/g-Cr)88.6 (177)8.6 (13.4)8.2 (8)^a^CKDu patients from CKDu endemic regions (Giradurukotte)^b^Controls from CKDu non-endemic regions^c^Controls from CKDu endemic regions (Giradurukotte)\n\nS.Cr values of 88% of CKDu patients were above the current reference level for CKD. ", "For S.Cys and ACR it was 95% and 32% respectively. ", "S.Cr and S.Cys seems to work in an analogous manner. ", "Non-endemic controls exhibited homogeneity and total diagnostic negativity in terms of S.Cr. ", "However, two and five individuals in non-endemic control group were indicated as positive by ACR and S.Cys respectively. ", "The mean S.Cr and S.Cys were observed lowest among non-endemic controls. ", "Figure [2](#Fig2){ref-type=\"fig\"} depicts dispersion plots drawn for all measured parameters for the three study groups.", "Fig. ", "2Individual values of: **a** S.Cr, **b** S.Cys and **c** ACR in patients and controls. ", "Study group 1 -- CKDu, 2 -- Endemic control, 3 -- Non-endemic control\n\nAmong CKDu patients, a noticeably wider distribution of target markers was observed and is represented as a higher SD for CKDu group in Table [3](#Tab3){ref-type=\"table\"}. ", "In terms of all target markers, non-endemic controls expressed a highly homogeneous pattern whilst, endemic controls exhibited a medium distribution falling in between CKDu cases and non-endemic controls.", "\n\nFigure [3](#Fig3){ref-type=\"fig\"} depicts simultaneous ROC plots generated for the target markers as: CKDu cases against endemic and non-endemic controls respectively. ", "Table [4](#Tab4){ref-type=\"table\"} denotes respective AUCs estimated for each plot with 95% CI.Fig. ", "3ROC plots for target markers: **a** CKDu against endemic control, **b** CKDu against non-endemic control Table 4AUCs for target markers used in the differentiation of CKDu against endemic control and non-endemic controlCKDu against non-endemic control (lower & upper bound at 95% CI)CKDu against endemic control (lower & upper bound at 95% CI)S.Cr0.926 (0.868--0.984)0.718 (0.610--0.827)S.Cys0.920 (0.857--0.984)0.808 (0.718--0.898)ACR0.737 (0.619--0.855)0.678 (0.566--0.790)\n\nWith respect to ROC plots of CKDu patients against endemic controls, highest AUC was observed for S.Cys followed by S.Cr and ACR. ", "The percentage difference in AUCs of S.Cr and S.Cys was 11.3%. ", "However, in ROC plots constructed against non-endemic controls, S.Cr exhibited the highest AUC followed closely by S.Cys. ", "Both S.Cr and S.Cys seemed to perform similarly well in terms of AUC and the percentage difference in AUCs between S.Cr and S.Cys was only 0.6%. ", "When AUCs were determined for a combined parameter consisting of S.Cr and ACR, slightly improved values than values of independent S.Cr were observed (CKDu vs non-endemic control: 0.927, CKDu vs endemic control: 0.725). ", "Table [5](#Tab5){ref-type=\"table\"} presents optimal cutoff values for each examined marker with the best combination of corresponding Sn and Sp. ", "Table 5Specificity (Sp), Sensitivity (Sn) and cutoff values of target biomarkers for CKDu cases against non-endemic and endemic controlsCKDu against non-endemic controlCKDu against endemic controlCutoff^a^SnSpCutoff^a^SnSpS.Cr890.840.88111.50.570.88S.Cys1.010.890.801.220.750.84ACR6.060.700.6412.660.540.82Dipstick proteinuria^b^0.40.8^a^Cutoff values in same units as in Table [3](#Tab3){ref-type=\"table\"}^b^dipstick proteinuria (≥1+ and including trace)\n\nWhen CKDu cases were analysed against non-endemic controls, Sn vales for S.Cr, S.Cys and ACR were higher by 32%, 16% and 23% respectively compared to when CKDu cases were analysed against endemic controls. ", "Sp values of S.Cys and S.Cr were comparable in ROCs generated against both endemic and non-endemic controls. ", "Interestingly for ACR, Sp was 22% lower against non-endemic controls. ", "As ROCs could not be generated for non-continues results of dipstick proteinuria, manually calculated Sn and Sp values are denoted for comparison (Table [5](#Tab5){ref-type=\"table\"}). ", "A ROC plot was generated to compare stage-matched (stage 2 -- 4) CKDu and CKD patients which is depicted in Fig. [", "4](#Fig4){ref-type=\"fig\"}.Fig. ", "4ROC plots for target markers: CKDu against CKD\n\nThe three target markers were evaluated on their ability to differentiate between CKDu and CKD. ", "S.Cr and S.Cys both did not exhibit demarcation capabilities higher than the probability of pure chance. ", "Interestingly, ACR exhibited an outstanding demarcation capability corresponding to a Sn of 0.74 and Sp of 0.83.", "\n\nDiscussion {#Sec4}\n==========\n\nThe global prevalence of diabetic and hypertensive CKD is considered to be around 8--16%. ", "CKDu which has been observed in rural Sri Lanka, Central America and the Balkan region is becoming a global epidemic. ", "For proper management of this disease, early detection and intervention is crucial.", "\n\nMale predominance in CKDu has been identified by previous studies \\[[@CR12], [@CR37], [@CR38]\\]. ", "Due to the limited number of biopsy proven female patients among participants, biopsy proven male participants were prioritized. ", "Healthy subjects were selected after exclusion of CKD/CKDu by means of clinical history, an examination and renal functional tests. ", "CKDu exclusion by renal biopsy examination was not practiced on healthy individuals due to its invasive nature. ", "CKDu patients of thisstudy had been diagnosed between 2009 and 2012 and that time interval between first diagnosis and recruitment was more than a year for each patient.", "\n\nDipstick proteinuria ≥1+ indicates that protein excretion is in the macro-albuminuria range (\\>300 mg/g-Cr). ", "Biopsy-proven CKDu patients who showed micro or macro proteinuria or hypertension after diagnosis were treated with RAAS blockers and subsequently, proteinuria could have diminished. ", "Rest of the CKDu cases, considered minimally-proteinuric, were not on RAAS blockers. ", "According to available data, about 44% of the current biopsy proven CKDu cohort, of which this study group is a subset, is under RAAS medication. ", "Majority of early stage CKDu cases were manifesting in the microalbuminuria range which could not be detected by dipstick proteinuria. ", "This observation is corroborated by a study done in similar areas of Sri Lanka by Selvarajah et al. (", "2016), which support that early CKDu cases were mainly present with microalbuminuria range of proteinuria (30--300 mg/g-Cr). ", "In an anti-proteinuric drug trial for CKDu patients, early CKDu cases (*n* = 130) were subjected to a course of Enalapril for 12 months and, as an outcome, the baseline ACR had reduced from 162 to 55.4 mg/g-Cr while the placebo group (*n* = 133) exhibited an increased ACR from 197.9 to 253.2 mg/g-Cr \\[[@CR39]\\]. ", "Since the albumin sensitivity of the dipstick test is \\>300 mg/g-Cr, the above changes due to the RAAS blocker could not have been detected by the dipstick test \\[[@CR40]\\]. ", "This corroborates on the reasons why an alternative kidney damage marker is required in place of dipstick proteinuria test for CKDu screening in Sri Lanka. ", "Further, the micro-albumin range or below levels of ACR, manifestation in CKDu cases (Table [3](#Tab3){ref-type=\"table\"}) implied that albumin excretion by itself may not be a successful candidate marker for CKDu screening in Sri Lanka under current cutoff values. ", "This is in agreement with the experience of clinicians in CKDu endemic regions of the country.", "\n\nA notable observation was that higher AUCs were obtained for all three markers when CKDu patients were analysed against non-endemic controls. ", "When compared to endemic controls, AUCs were distinctly lower (Table [4](#Tab4){ref-type=\"table\"}). ", "This contrast in AUCs may reflect on the fraction of undetected patients through screenings in endemic areas by having negative dipstick proteinuria. ", "In ROC plots for CKDu cases against endemic and non-endemic controls, a difference in cutoff limits exceeding 50% was observed for ACR meanwhile 20% and 17% for S.Cr and S.Cys respectively. ", "Currently accepted ACR cut off is 30 mg/g-Cr as per standard guidelines. ", "Cutoffs for ACR against endemic controls and non-endemic controls in CKDu fall substantially below 30 mg/g-Cr. ", "This observation suggests that use of cutoff values derived from general population may not be accurate in CKDu endemic areas. ", "A similar pattern was observed between S.Cr and S.Cys for which a positive Pearson's correlation coefficient of 0.922 was observed. ", "This corroborates Rule et al. (", "2006) who suggested the complementary behavior of S.Cys to S.Cr \\[[@CR29]\\]. ", "In the attempt of distinguishing non-endemic controls, the effectivity of functional markers: S.Cr and S.Cys show similar results as a screening tool for CKDu. ", "However, when demarcating against endemic controls S.Cys was observed to be superior. ", "When CKDu cases were analysed against CKD cases by means of a ROC plot (Fig. [", "4](#Fig4){ref-type=\"fig\"}), only ACR expressed a separation capability with an acceptable Sp and Sn. ", "This observation clearly suggests that ACR may be able to detect the differences in albumin excretion patterns between CKD and CKDu patients\n\nIn clinical practice, kidney damage markers such as ACR have predominantly been used complementary with serum markers such as creatinine and cystatin C. A direct comparison between these two types was beyond the scope of this study. ", "Rather, an evaluation of the ROC-based case-control demarcation capability of each type was targeted. ", "As CKDu features interstitial damage represented by tubular atrophy, filtered albumin which is unable to be reabsorbed by tubules should appear in the urine \\[[@CR38]\\]. ", "Theoretically, the albumin excretion should be proportionate to the degree of renal damage. ", "However, in the actual situation, ACR exhibited a sub-par sensitivity for CKDu patients against both control groups and S.Cr and S.Cys emerged to be superior. ", "This observation is unique concerning CKDu in Sri Lanka and complies with the current knowledge of CKDu as a minimally-proteinuric disease in comparison to CKD. ", "It further suggests that screening with dipstick proteinuria may result in poor detection.", "\n\nThe restricted number of CKDu cases and controls is a limitation of this study. ", "The total number of biopsy proven CKDu cases (male and female) identified for the study were less than 100 due to lack of patients\\' consent for the biopsy test. ", "Among 51 patients who participated, 44 were male forcing the exclusion of female cases which led to a noticeable depletion in the original cohort size of patients and controls in the study. ", "Limited biopsied cases further affected this study by enforcing the recruitment of already intervened and non-intervened cases together. ", "Already intervened cases under RAAS blockers may have interfered with the absolute discriminating ability of the target biomarkers. ", "Intervened, biopsied cases were justified over un-intervened cases in this study. ", "This was mainly due to the unavailability of internationally accepted case demarcation parameters defined for CKDu. ", "Despite the fact that novel tubular proteins have commendable capabilities, they were not employed for this study. ", "Respective reasons were limited experience, technical difficulties, high cost and infeasibility as field tests. ", "Distinguishing total protein rather than albumin through a protein detection test (protein: creatinine ratio) may have been a competitive alternative, but not utilized due to lower sensitivity and high false positive rates.", "\n\nConclusions {#Sec5}\n===========\n\nCKDu in rural Sri Lanka has started to reach epidemic proportions. ", "High cost associated with management of end stage renal failure due to CKDu has substantially impacted both rural and the national economy. ", "The credibility of screening CKDu by means of dipstick proteinuria, which is the current method, has been questioned due to its limited sensitivity, subjectiveness and high probability for human error.", "\n\nNo previous studies have assessed the sensitivity and specificity of currently used CKD screening markers for CKDu in Sri Lanka. ", "This study emphasizes the limitations of using dipstick proteinuria for screening CKDu in Sri Lanka while investigating strengths and weaknesses of S.Cys, S.Cr and ACR. ", "It is obvious that S.Cys is the best functional marker to distinguish CKDu cases from healthy subjects in mass screening programs. ", "The high cost of S.Cys could be unfavorable in practice. ", "Therefore, as an appreciably accurate and a cost-efficient functional marker: S.Cr along with ACR: a renal damage marker, could be used for successful detection of CKDu cases in mass screenings. ", "Due to the inferior sensitivity against endemic population, ACR does not seem to be favorable as an individual substitute marker. ", "Moreover, when identifying CKDu patients in disease-endemic regions, contrasting ROC-based cutoff levels against endemic and non-endemic controls suggested that using cutoff values derived from general population may not be accurate for an endemic population. ", "Given the minimally proteinuric nature of CKDu, lowering the current ACR cutoff limit below 30 mg/g-Cr may be a viable option to improve detection of CKDu cases. ", "However, extensive clinical investigations are needed before such measures are implemented. ", "Further studies, involving larger study samples and more biomarkers, are greatly needed to conclusively elucidate and fine tune an optimal screening tool for accurate identification of CKDu patients in Sri Lanka.", "\n\nACR\n\n: Albumin to creatinine ratio\n\nAUC\n\n: Area under curve\n\nCI\n\n: Confidence Interval\n\nCKDu\n\n: Chronic kidney disease of uncertain aetiology\n\neGFR\n\n: estimated Glomerular Filtration Rate\n\nESRD\n\n: End Stage Renal Disease\n\nMDRD\n\n: Modification of Diet for Renal Disease\n\nNCP\n\n: North Central Province\n\nRAAS\n\n: Renin Angiotensin- Aldosterone System\n\nROC\n\n: Receiver operating characteristic\n\nS.Cr\n\n: Serum creatinine\n\nS.Cys\n\n: Serum cystatin C\n\nSD\n\n: Standard deviation\n\nSn\n\n: Sensitivity\n\nSp\n\n: Specificity\n\nThe authors wish to acknowledge the support provided by Prof. M.D. Lamawansa, the former Dean, pre-intern medical officers: Dr. Prabhath Godamudunage and Dr. Ravindu Mataraarachchi of Faculty of Medicine, University of Peradeniya. ", "Authors are thankful to Dr. Hemalika Karunaratne and Miss T.W.G.F. Mafaziya Nijamdeen of Faculty of Science, University of Peradeniya for their contributions in statistics and English language improvement. ", "Further, we appreciate the invaluable contribution of Dr. Lishantha Gunaratne and the staff of the satellite renal centre at Giradurukotte, Sri Lanka. ", "We also wish to thank the ministry of health and National Research Council (NRC) of Sri Lanka.", "\n\nFunding {#FPar1}\n=======\n\nMinistry of Health, Sri Lanka provided funding for this study. ", "Scope of funding covered the following avenues: Shortlisting of potential markers suitable for screening CKDu in the country, designing of a research methodology to assess the potential of selected markers, sample collection from relevant populations followed by analysis by an accredited laboratory and as the outcome, providing conclusions and recommendations to the ministry of health on which biomarkers could be utilized in future screenings in CKDu endemic and non-endemic areas of the country. ", "Funding was mainly utilized on laboratory analysis, medical consumables and transport. ", "No payments to medical/administrative staffs were conducted by the grant.", "\n\nAvailability of data and materials {#FPar2}\n==================================\n\nThe data supporting the conclusions of this article is available at Open Science Framework repository \\[<https://mfr.osf.io/render?url=https://osf.io/5ga4s/?action=download%26mode=render>\\].", "\n\nAuthors' contributions {#FPar3}\n======================\n\nNN, TA and RK designed the study. ", "SR, ZB and NR collected the data. ", "All authors contributed in interpretation of data. ", "SR prepared the manuscript. ", "NN, TA, ZB, NR and RK revised the manuscript. ", "All authors read and approved the final manuscript.", "\n\nCompeting interests {#FPar4}\n===================\n\nThe authors declare no competing interests. ", "Results presented in this paper have not been published previously in whole or part except in abstract format.", "\n\nConsent for publication {#FPar5}\n=======================\n\nNot applicable (No data of an individual person or information disclosing personal identification is included in this manuscript).", "\n\nEthics approval and consent to participate {#FPar6}\n==========================================\n\nThe Institutional Ethical Review Committee (IERC) of the Faculty of Medicine, University of Peradeniya approved this study. ", "Both patients and healthy controls gave their informed written consent.", "\n\nPublisher's Note {#FPar7}\n================\n\nSpringer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.", "\n" ]
{ "pile_set_name": "PubMed Central" }
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[ "The Problem With IIFYM\n\nThe new version of “going Paleo” has more than a few drawbacks.", "\n\nA quick browse of fitness and wellness influencers on Instagram will show you that counting macros is the new “going Paleo.” ", "In particular, the “If It Fits Your Macros” approach, also known as IIFYM, has gained a lot of traction over the past few years. ", "The idea is that once you’ve figured out how many calories you need per day along with which portions of them should come come from protein, fat, and carbs, you can eat whatever you want—as long as you stay within your designated macros. ", "It sounds simple enough, but nutrition experts have concerns about how appropriate this eating style actually is for athletes who are focused on performance.", "\n\n“In general, IIFYM reduces food down to three components: protein, carbs, and fat,” explains Ryan D. Andrews, RD, writer for Precision Nutrition and author of A Guide to Plant-Based Eating. ", "The problem is, this is an extremely narrow way to look at what you’re putting into your body. “", "To me, this is like reducing a person down to just three qualities. ", "People are much more complex than just three qualities, as is food,” Andrews says. ", "That’s because it isn’t just made up of protein, fat, and carbs.", "\n\n“Food also offers countless other compounds that influence health,” Andrews says. ", "Think: micronutrients like vitamins, minerals, polyphenols, and phytochemicals. ", "You can easily meet your carb quota with powdered carbohydrates, points out Brandon Marcello, Ph.D., a nutrition expert who works with athletes to optimize performance, but that doesn’t mean you should. ", "Similarly, living off of pizza, french fries, and protein powder isn’t going to cut it—even if you can achieve your macros with those options alone.", "\n\nWhy Food Quality Matters\n\nYou’ve heard the “a calorie is a calorie” argument and to some extent, it’s true: “All fats, proteins, and carbohydrates are metabolized the exact same way regardless of the quality,” says Marcello. ", "That means whether you eat a piece of white bread or a banana, your body will process those carbohydrates with the same method. “", "The difference is with the speed in which they are metabolized, as well as the collateral benefits like micronutrients, which are needed for health and fighting disease.” ", "Marcello additionally points out that some foods are pro-inflammatory while others are anti-inflammatory, which can also affect health and performance. “", "Your body might treat all foods the same way, but not all foods treat your body the same way,” he says.", "\n\n“These meals have very similar macros, but are completely different on every other level,” Andrews says. ", "One is packed with simple sugar and processed foods, while the other provides plenty of slow-burning complex carbs and plant-based protein. ", "Meal 2 will provide fuel for a workout, whereas Meal 1 could result in a sugar spike and crash.", "\n\nIIFYM also doesn’t take into account how different combinations of nutrients affect the body. “", "For example, eating a simple sugar by itself—such as candy—will likely send someone’s blood sugar levels skyrocketing, which can then set off a chain of other metabolic reactions,” says Victoria Lindsay Jarzabkowski, a Washington D.C.-based registered dietitian who specializes in sports nutrition. “", "But combine that with protein, fat, or fiber, and the effect on blood sugar is blunted.”", "\n\nMacronutrient timing, which is crucial when performance is a priority, is also often ignored with this approach. “", "When it comes to fueling your workouts, there are times when you might want little to no fat or fiber, and specific ratios of carbs and protein,” Marcello explains. “", "Sometimes we want highly-refined and quickly-digestible foods, and at other times we want the opposite. ", "How we fuel for recovery or post-workout is different than how we want to fuel pre-competition or pre-workout.”", "\n\nLastly, counting calories can lead to ignoring what your body’s needs. “", "When using IIFYM, you may not be in tune with your natural hunger and satiety cues, which is a huge mistake,” Jarzabkowski says. “", "People seem reticent to trust their bodies, but if you are mindful and connected to you physical state of being, your body can let you know when you need more fuel or when you’ve had enough.” ", "In other words, if it’s 10 p.m. and you still have a bunch of macros left over but you’re not hungry, you shouldn’t have to consume those macros.", "\n\nWhen Should You Use IIFYM?", "\n\nNow, that’s not to say that there’s nothing good about IIFYM. ", "Aside from being easy to follow, there’s another big plus: “One of the major benefits is the idea that all foods can fit into your diet,” says Jarzabkowski. ", "For some people, that means a more balanced eating plan because they are able to work indulgent foods into their meals. ", "People who have trouble implementing an 80/20 (or 90/10) lifestyle may find it easier to do within the confines of IIFYM. ", "In this case, “those indulgent foods may be more enjoyable to eat, as they can be consumed guilt-free since you can make adjustments to the rest of your intake and still feel good about following your diet.”", "\n\nAnother time IIFYM can be appropriate is if you have a very specific aesthetic fitness goal like competing in a bodybuilding competition. “", "Combined with the right training method, IIFYM, when followed carefully, can result in added mass, reduced fat, and the desired aesthetic needed to win,” Jarzabkowski says.", "\n\nBut it’s important to realize that aesthetic fitness goals and performance goals don’t always require the same nutrition. “", "Just because you look a certain way on the outside doesn't mean that you're healthy on the inside. ", "This means that it's important to consider both quality and quantity. ", "Then, you can have the best of both worlds, and enjoy the occasional treat,” says Marcello." ]
{ "pile_set_name": "Pile-CC" }
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[ "Gamma irradiation of HIV-1.", "\nThe potential for transmission of human immunodeficiency virus (HIV) type 1 has created serious concern for the continued clinical use of bone and soft-tissue allografts. ", "Tissue banks have employed 1.5-2.5 Mrad for sterilization of bone and tendon allografts, which, according to the current literature, approaches the level at which the tissue quality is adversely affected for implantation. ", "Our working hypothesis was that gamma irradiation at increasing doses can proportionately inactivate HIV type 1. ", "The objective of this study was to inactivate HIV type 1 by irradiation, as determined by its capacity to infect human T-lymphocytes and established cell lines in vitro. ", "The replicative competence of HIV type 1 was also assessed by the presence of reverse transcriptase activity, enzyme-linked immunoadsorbent assay (ELISA), immunofluorescence assays for p24 viral core antigen, and the formation of syncytia induced by HIV type 1 in the cultures inoculated with irradiated virus. ", "The results demonstrated the presence of active viral replication in previously noninfected cells in the supernatant samples that were exposed to as much as 5.0 Mrad. ", "The data for the 10-Mrad sample were indeterminate due to cellular damage. ", "These data suggest that gamma irradiation (1.5-2.5 Mrad) does not constitute a virucidal dose for HIV type 1. ", "Current technologies for screening have greatly improved, and the surgeon should rely on tissue bank screening procedures and other methods of preparation rather than sterilization by gamma radiation techniques in choosing allograft material." ]
{ "pile_set_name": "PubMed Abstracts" }
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[ "Having seen a lead lost Leicester scored a late equaliser at the iPro Stadium against Derby to see this game end in a 2-2 draw on Friday with a replay needed to determine the side who will move into the fifth round\n\nSaturday’s action got underway with the lunchtime kick off at Anfield. ", "A third defeat – in three different competitions – was suffered by Liverpool – losing semi-finalists in the League Cup in the previous game – who suffered a 2-1 defeat against Wolves on this occasion.", "\n\nBlackburn went into the meeting with Blackpool – under former boss Gary Bowyer – as the favourites. ", "Protests by both sets of fans against their respective owners took place before and during Rovers’ 2-0 win at Ewood Park.", "\n\nAnother Lancashire club who made sure they went into the fifth round draw – and avoided what would have been an upset – were Burnley with the Clarets recording a 2-0 victory over Bristol City. ", "The Robins will now focus on their efforts on ensuring they steer clear of Championship relegation.", "\n\nThe league and cup double remains on for Chelsea with the Premier League leaders running out convincing 4-0 winners over near neighbours Brentford at Stamford Bridge.", "\n\nCrystal Palace will now focus solely on Premier League survival following a 3-0 defeat against Manchester CityHaving upset Ipswich – in a replay – in the last round Lincoln did it again. ", "The non-league side recorded a 3-1 win over Championship leaders Brighton to book a place in the fifth round and leave Albion focusing on a promotion bid.", "\n\nMiddlesbrough are another side who will be mainly focused on winning a battle to stay in the Premier League but wouldn’t have wanted to suffer a giant killing act at the Riverside Stadium. ", "Boro did enough to see off League 2 strugglers Accrington with a 1-0 win.", "\n\nThe magic of the FA Cup was very much alive with Oxford emphatically ending Newcastle’s hopes of going to Wembley – the Magpies will hope this doesn’t happen in the play-offs and an automatic promotion spot is secured – with a 3-0 win at the Kassam Stadium.", "\n\nRochdale would have hoped being at Spotland would give the League 1 side an advantage against Huddersfield but that didn’t prove to be the case with Championship promotion chasing Town seeing off Dale 4-0.", "\n\nAn amazing game at White Hart Lane saw Tottenham come back from two nil down and then three two down with a last minute equaliser against Wycombe. ", "With a replay on against the League 2 promotion chasing side – the Chairboys are no strangers to cup success – Spurs grabbed a dramatic winner to advance 4-3.", "\n\nAfter making the League Cup final a few days earlier – beating Liverpool to set up a meeting with Manchester United – Southampton’s FA Cup run ended in the late kick off on Saturday when Arsenal ran out crushing 5-0 winners at St Mary’s.", "\n\nWho was the MotM? ", "That’s what the latest poll is asking so do cast a vote.", "\n\nDid a starter, or someone from the bench, offer the most?", "\n\nSelect the name you want from the list in the poll to your right. ", "We’re also looking for some thoughts and views on the game so do share some with a comment or two below." ]
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[ "Q:\n\ngetting error in setting object variable IE.Document.getElement\n\nI was trying to get some data from a webpage by giving a keyword \"AABDG27\" and then click on search button and finally collecting the search results last item that is market data category= ESZ. ", "It is an open website so below code can be tested. ", "Below is my code.", "It gives error in the line Set mydata = IE.Document.getElements....\nSub keyword_search_result()\n\n Dim i As Long\n Dim IE As Object\n Dim objElement As Object\n Dim objCollection As Object\n Dim mydata As Object\n Dim myval As String\n\n Set IE = CreateObject(\"InternetExplorer.", "Application\")\n IE.Visible = False\n IE.Navigate \"http://www.platts.com/symbol-page-directories/symbol-search\"\n\n Do\n DoEvents\n Loop Until IE.ReadyState = 3\n\n Do\n DoEvents\n Loop Until IE.ReadyState = 4\n\n IE.Document.getElementById(\"ctl00_ctl00_contentBody_contentMain_txtSearchSymbol\").Value = \"AABDG27\"\n IE.Document.getElementById(\"ctl00_ctl00_contentBody_contentMain_btnSearch\").Click\n\n Do\n DoEvents\n Loop Until IE.ReadyState = 4\n\n Set mydata = IE.Document.getElementsByClassName(\"divCellBottomMiddle\")(0).getElementsByTagName(\"br\")\n\n i = 0\n For Each objCollection In mydata\n myval = mydata(i).PreviousSibling.wholeText\n 'Debug.", "Print i&; \" \"; myval\n i = i + 1\n If i = 11 Then\n 'this is the case when myval string will come as \"ESZ\" \n 'but with lot of space\n Sheets(\"Sheet1\").Range(\"A1\") = Trim(Right(myval, 10))\n End If\n Next objCollection\n\n IE.Quit\n Set IE = Nothing\n\nEnd Sub\n\nso what should be changed, is there any better way to do it utilizing winhttprequest/XMLHTTP or something like that ?", "\n\nA:\n\nOne more idea is to check, if the HTML-Element-Collection is not Nothing and if it contains some elements. ", "Otherwise error will occur because of access to elements which are not in the collection when nothing is found with 'search'.", "\nDim cellBottomMiddle ' HTML-Element-Collection \nSet cellBottomMiddle = IE.Document.getElementsByClassName(\"divCellBottomMiddle\")\n\nIf cellBottomMiddle Is Nothing Then GoTo finalize\nIf cellBottomMiddle.", "Length <= 0 Then GoTo finalize\n\nSet mydata = cellBottomMiddle(0).getElementsByTagName(\"br\")\n\n' Some code here ...\n\nfinalize:\n IE.Quit\n Set IE = Nothing\n\n" ]
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[ "<?", "xml version=\"1.0\" encoding=\"utf-8\"?", ">\n<FrameLayout\n xmlns:android=\"http://schemas.android.com/apk/res/android\"\n xmlns:tools=\"http://schemas.android.com/tools\"\n android:layout_width=\"match_parent\"\n android:layout_height=\"wrap_content\"\n android:padding=\"4dp\"\n >\n\n <com.afollestad.dragselectrecyclerviewsample.", "RectangleView\n android:id=\"@+id/colorSquare\"\n android:layout_width=\"match_parent\"\n android:layout_height=\"wrap_content\"\n >\n\n <TextView\n android:id=\"@+id/label\"\n android:layout_width=\"match_parent\"\n android:layout_height=\"wrap_content\"\n android:layout_gravity=\"center\"\n android:fontFamily=\"sans-serif-medium\"\n android:gravity=\"center\"\n android:textColor=\"#fff\"\n android:textSize=\"@dimen/main_label_textsize\"\n android:textStyle=\"bold|italic\"\n tools:ignore=\"UnusedAttribute\"\n tools:text=\"A\"\n />\n\n </com.afollestad.dragselectrecyclerviewsample.", "RectangleView>\n\n</FrameLayout>\n" ]
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[ "Путин Медведев / Reuters\n\nИсторический опыт мира показывает, что все империи рано или поздно разваливаются.", "\n\nКонечно, никто на Западе не хочет бесконтрольного распада Российской Федерации из-за наличия там большого количества оружия, в частности, ядерного, а также большого количества военных баз, объектов химической промышленности, энергетических объектов, например - атомных электростанций. ", "Никто не желает, чтобы все, несущее угрозу для планеты, окружающей среды и мира в регионе, вдруг могло попасть в руки каких-то террористических организаций.", "\n\nВсе бы хотели, чтобы Российская Федерация просто изменила свою политику, стала более демократичной и развитой страной. ", "Мир сейчас глобализируется и Россия в мечтах западного цивилизованного демократа могла бы рассматриваться как часть цивилизации.", "\n\nНо вся история Российской Федерации - это сплошные войны, репрессии и постоянные попытки построения диктаторского режима. ", "Демократия в России продержалась всего несколько лет - при Ельцине. ", "И больше никогда ее не было в этой стране.", "\n\nЧитайте такжеРоссийские регионы присоединятся к УкраинеПутин установил диктаторский режим и на все ключевые государственные должности расставил силовиков. ", "Почти каждый второй такой чиновник - это бывший сотрудник ФСБ или силового органа. ", "А когда государство стратегически нацелено не на экономическое, научное и культурное развитие, а на войну или агрессивную оборону, когда государство противопоставляет себя всему миру, оно не может существовать - оно ​​просто неконкурентоспособно. ", "И любое такое государство ждет распад.", "\n\nКогда этот распад произойдет? ", "В свое время Римская империя распадалась более трехсот лет, но учитывая, что в современном мире все процессы ускоряются, Российская Федерация распадется гораздо быстрее. ", "Еще при нашей с вами жизни.", "\n\nКак это отразится на Украине? ", "Во-первых, сейчас мы наблюдаем в России процессы, свидетельствующие о потере контроля государства над внутренней ситуацией в стране. ", "Это не только митинги и теракты - это также и 14 мостов, которые обвалились в течение последнего месяца в России, и идея ввода акциза на колбасу, и попытки российского правительства содрать с населения все деньги, какие только можно. ", "Это говорит о том, что руководство понимает, что в ближайшее время Россию ждет экономический кризис.", "\n\nВо-вторых, мы видим и то, что США обращаются к большим нефтедобывающим стран с просьбой снизить цены на нефть - и цены на нефть сейчас снова падают.", "\n\nПри таких условиях мы очень быстро увидим, как Россия погрузится в кризис. ", "И распад Российской Федерации, если он произойдет в течение ближайших 10-20 лет, будет гораздо более болезненным, чем распад Советского Союза. ", "Потому что у Советского Союза была большая экономика и большая материальная база.", "\n\nЧитайте такжеРоссия и Китай хотят создать платежную систему для отказа от доллараПосле распада России неизбежно наступит гуманитарная катастрофа, потому что люди из этой страны будут вынуждены отправиться на поиски лучшей судьбы. ", "Поэтому Украину могут ждать большие проблемы с мигрантами.", "\n\nТакже в Российской Федерации может начаться гражданская война. ", "В этом году об этом предупреждали ветераны вооруженных сил РФ. ", "Летом они обратились к российскому правительству, обращая внимание на проблему частных военных компаний. ", "Дело в том, что сейчас огромное количество россиян вернулось из разных войн, которые Россия проводит по всему миру (Африка, Сирия, Ливия, Украина и т.д.), ", "и все они не имеют прав и обеспечения. ", "Такие люди представляют угрозу для национальной безопасности РФ. ", "То, что даже профессиональные военные-ветераны собираются обращаться в Гаагский трибунал по поводу этих вопросов, говорит о том, что в России уже начались системные процессы, свидетельствующие о том, что государство теряет монополию на насилие.", "\n\nЭто - угрожающая ситуация и для Украины, потому что гражданская война рядом с границей означает и беженцев, и контрабанду, и наркотрафик, и неконтролируемый трафик оружия. ", "Все это сильно может ударить по нам. ", "Война в Сирии ударила по Европе – огромное количество мигрантов начало переселяться в Европу, но Сирия - это небольшая страна. ", "Россия намного больше.", "\n\nЕсли большой шкаф падает, это чувствуют все в доме." ]
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[ "New promo art from Captain America: Civil War has surfaced online, revealing Captain America and Iron Man’s opposing teams of Avengers.", "\n\nMild SPOILERS here, if you’d rather not know who is on whose side ahead of time.", "\n\nYou can see the art in the video below:\n\nIf you don’t have time for the video, the teams are:\n\nTeam Iron Man: Iron Man, Black Widow, War Machine, Vision, and Black Panther.", "\n\nTeam Captain America: Captain America, Falcon, the Winter Soldier, Hawkeye, Ant-Man, and Agent 13.", "\n\nWhile these teams haven’t been officially revealed by Marvel Studios yet, the concept art revealed in the video matches up with previous concept art to appear online, and the lineups match what we’ve been hearing from sources involved with the project. ", "As such, we’re taking this as confirmation.", "\n\nThere are a couple surprises here. ", "While we knew Black Panther would be in Civil War, we didn’t know that he’d be so involved with it that he would actually take a side. ", "It was entirely possible that T’Challa would be an independent third party, representing Wakanda, but it seems that’s not the case.", "\n\nAlso, Agent 13, a.k.a. ", "Sharon Carter, was known to be appearing in the film, but we didn’t know that she was getting promoted to one of Cap’s Avengers.", "\n\nThere are also some conspicuous absences. ", "Scarlet Witch joined up with the Avengers at the end of Age of Ultron, but she’s nowhere to be seen in the concept art. ", "Perhaps she’s being held as a prisoner, if rumors of her involvement in the inciting international incident of the war are true, or perhaps she benched herself out of guilt or fear.", "\n\nLastly, Spider-Man is absent. ", "As a teenager, we expect his decision to become involved in the Civil War to be a major character moment in the film, so it make sense that he’s not included with either initial roster.", "\n\nCheck out when Captain America: Civil War and other movies are coming out in ComicBook.com's Movie Release Schedule.", "\n\nVia CBM" ]
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[ "Why this lunar eclipse was such a big deal? ", "Well, not only was it the longest ‘blood moon’ this century, but it coincided with Mars’s closest proximity to Earth in 15 years.", "\n\nYou’ve probably already seen pictures of the Blood Moon lunar eclipse, including those that look like street lamps all your mates took, but they’re nothing on this incredible time lapse that shows the whole thing.", "\n\nFor some of us, the eclipse wasn’t visible because the weather was a bit dodgy. ", "But that’s what the internet is for, right?", "\n\nWatch: Blood moon lunar eclipse time lapse\n\nWhy this lunar eclipse was such a big deal? ", "Well, not only was it the longest ‘blood moon’ this century, but it coincided with Mars’s closest proximity to Earth in 15 years, making for a double celestial spectacle with the red planet clearly visible right next to the red moon.", "\n\nWhy and how often does a blood moon lunar eclipse occur?", "\n\nIn astrological terms, a so-called ‘blood moon’ lunar eclipse is a relatively common occurrence, happening once or twice a year on average when the Moon falls into the Earth’s shadow, both being in alignment with the Sun.", "\n\nThe Moon takes on the red appearance because some light still manages to find its way to the Moon having passed through the Earth’s atmosphere. ", "Because red light has a longer wavelength it has a better chance of making it, being less likely to bounce off particles in the atmosphere. ", "It’s the same reason we see red sunrises and sunsets and why the daytime sky appears to be blue.", "\n\nUnlike with a solar eclipse, viewers do not need protective eye gear to observe the heavenly display of an eclipse of the moon." ]
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0.000949
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[ "William Sutton (songwriter)\n\nWilliam Sutton was a North East (of England) songwriter/poet of the eighteenth/nineteenth century, possibly born (or living) in Stockton.", "\n\nAccording to (Sir) Cuthbert Sharp in his The Bishoprick Garland William Sutton wrote : -\nin praise of Stockton, for 1764 - which also appears in Ritson’s book “Bishopric Garlands” \na new song for 1764 - which also appears in Rhymes of Northern Bards by John Bell (junior).", "\n\nSee also \nGeordie dialect words\nCuthbert Sharp\nThe Bishoprick Garland 1834 by Sharp\nRhymes of Northern Bards\nJohn Bell (junior)\n\nReferences\n\nExternal links\n The Bishoprick Garland 1834 by (Sir) Cuthbert Sharp page 63 & 64\n Rhymes of Northern Bards by John Bell Jnr\n\nCategory:English male poets\nCategory:English songwriters\nCategory:People from Stockton-on-Tees\nCategory:Geordie songwriters\nCategory:English male writers" ]
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[ "Luke who's talking - Part Two\n\nEnglish Barclays Premiership\n\nLuke Young is back in the Q&amp;A hotseat for the second instalment of your questions…\n\nFrom Stuart Cooper: Have you tried to model your game on anyone else?", "\n\nLuke Young: “To be honest when I first started I saw myself as a player similar to Chris Perry in that I haven’t got a lot of height and I saw him playing at Wimbledon and I thought I was similar to him. ", "We’re not blessed in the height department so we have to read the game as well as we can. ", "I also like Canavaro, the Italian defender, who is similar in height.”", "\n\nFrom Magnus Tinnsten:Can you see yourself playing for Spurs for the rest of your career and what parts of your game need most improvement?", "\n\nLY: “I’d like to think so. ", "I’ve always supported Tottenham and I’m happy here at the moment but it all depends if I break through and started playing regularly. ", "If I don’t get the opportunities then obviously you have to look elsewhere.", "\n\n“If I’m to play centre-half then I need to improve in the air. ", "I don’t see myself as a centre-half though, I see myself as a full-back. ", "It’s difficult. ", "Once I get a settled position then I’ll know what I’ll need to improve.”", "\n\nFrom Deano, Croydon: Do you think foreign forwards are more difficult to mark than English forwards?", "\n\nLY: “Some of them are similar to English forwards like Hasselbaink, he’s like an old-fashioned English centre-forward but then you’ve got the likes of Di Canio, Zola, Carbone are harder to mark because they are cleverer. ", "They find space. ", "It’s the same with Sergei Rebrov — they don’t stand up with you and you have to think where they’ve gone.”", "\n\nFrom Douglas Bacon: What are you targets for the current season?", "\n\nLY: “First of all to get fit and playing again in the reserves to get my fitness back. ", "I’ve had a couple of seasons in and out of the first team and I want to try and make a position my own.”", "\n\nFrom James Yeung: After scoring for England Under-21s is it time you scored for Spurs? ", "And who is you most admired ex-Spurs player?", "\n\nLY: “It would be nice! ", "The closest I’ve come was on my debut when I hit the bar against West Ham but since then I haven’t had too many opportunities. ", "I’d like to score.", "\n\n“My most admired player would have to be Paul Gascoigne because he was such a great player. ", "In my position I admired Gary Mabbutt for how he reacted with all his troubles and having diabetes You should have seen him in training at times, all strapped up but he just battled through it and carried on playing.”", "\n\nFrom Keith Eldridge: As you are such a versatile player and therefore called upon to play in many positions is it possible that you will not make one position your own and therefore not get the recognition you deserve.", "\n\nLY: “That’s gone through my mind already, the amount of positions I’ve played even in the reserves from midfield, full-back and right across the back four. ", "It’s a bit of a worry that someone might ask me what my best position is and I might not be able to give them an answer. ", "It’s definitely something I’ve thought about and I’d like to get into a recognised position as soon as possible. ", "The only thing is obviously if there is a chance to play in the first team then I will play anywhere. ", "It would be nice to get a position but then again I get the opportunity to play in a few more games. ", "It’s a catch 22 situation really.”", "\n\nFrom Jeanette Allen: How has Sol Campbell helped your development as a centre-half.", "\n\nLY: “When I’ve played alongside him he’s been really helpful. ", "He’s such a size and such a presence that he helps you along. ", "He is always talking to you and helping you and was a great help when I first broke into the side.”", "\n\nFrom Christine Reynolds: Did you always want to be a footballer and do you have any advice for younger players?", "\n\nLY: “I’ve always played football but like I said before I didn’t really think about it professionally until I signed YTS forms at Tottenham.", "\n\n“The only advice I’d give to a younger player is keep your head down, train hard and you never know what might happen.”" ]
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[ "396 F.3d 1105\nRichard MILLER, Plaintiff-Appellee,v.EBY REALTY GROUP LLC, formerly known as EMC, Inc., Defendant-Appellant,Equal Employment Opportunity Commission, Amicus Curiae.", "\nNo. ", "03-3307.", "\nNo. ", "04-3073.", "\nUnited States Court of Appeals, Tenth Circuit.", "\nJanuary 25, 2005.", "\n\nCOPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Mick W. Lerner, Law Office of Mick Lerner, P.A., Overland Park, KS (and J. Randall Coffey, Bioff, Finucane, Coffey, Holland & Hosler, LLP, Kansas City, MO, with him on the brief), for Plaintiff-Appellee.", "\nWilliam E. Quirk, Shughart, Thomson & Kilroy, P.C., Kansas City, MO (and Carl A. Gallagher, Mcanany, Van Cleave & Phillips, P.A., Kansas City, KS, with him on the briefs), for Defendant-Appellant.", "\nSusan L.P. Starr, (Eric S. Dreiband, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae.", "\nBefore KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge and LUCERO, Circuit Judge.", "\nPAUL KELLY, JR., ", "Circuit Judge.", "\n\n\n1\nPlaintiff-Appellee Richard Miller sued his former employer Defendant-Appellant Eby Realty Group, LLC, (\"Eby\"), the successor in interest to Eby Management Company, Inc. (\"EMC\"), alleging unlawful age discrimination and retaliation under the Age Discrimination in Employment Act (\"ADEA\"), 29 U.S.C. §§ 621-634, and breach of contract.1 The case was tried to a jury, which returned a verdict for Mr. Miller finding that (1) Eby illegally discriminated against Mr. Miller based on his age, (2) the discrimination was willful, and (3) Eby breached its employment contract with Mr. Miller. ", "The jury awarded $222,087 for the age discrimination claim and $10,000 for the breach of contract claim. ", "The court further awarded liquidated damages based on the jury's finding of willfulness in the amount of $222,087, $278,316 for front pay, $51,000 for attorney's fees, and $4,880.72 in costs, for a total judgment of $788,370.72. ", "On appeal, Eby makes three arguments: (1) the evidence was insufficient to support a finding of age discrimination, (2) the district court erred in instructing the jury, and (3) the district court erred in excluding evidence offered by Eby. ", "Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.", "\n\n\nBackground\n\n\n2\nWhen reviewing a jury verdict, we review the record in favor of the prevailing party, and \"give that party the benefit of all reasonable inferences to be drawn from the evidence.\" ", "Abuan v. Level 3 Communications, Inc., 353 F.3d 1158, 1164 (10th Cir.2003). ", "Viewed accordingly, the record reveals the following facts.", "\n\n\n3\nAt age 54, Mr. Miller was hired as general manager for what was then EMC. ", "EMC managed assisted living facilities, generating its revenue from management fees charged to these facilities. ", "EMC was wholly owned by Eby Holdings, Inc., which in turn was owned by Dr. Ray Cook and several members of the Eby family, including Don & Judy Eby and their sons Joe, Mike, and Andy. ", "Eby Holdings, Inc. also owned several other related entities, including Eby Development and Management Company (\"EDM\"). ", "EDM built assisted living facilities and sold them to other companies once they became operational. ", "EMC then managed these facilities for the buyers. ", "Although related, each of the Eby companies were separate corporate entities with separate officers and boards of directors. ", "During his employment with the Eby's, Mr. Miller worked exclusively for EMC.", "\n\n\n4\nMr. Miller was hired by Don Eby (\"Don\"), the patriarch of the Eby family, and his immediate superior was Mike Eby (\"Mike\"), who was the President of EMC. ", "Before he was hired, Mr. Miller's age was not addressed. ", "However, on his first day with EMC, Don remarked that he had pain in his knees and hips and that he was \"getting old and creaky.\" ", "Mr. Miller then offered that Don was probably younger than he was saying, \"If you're getting old and creaky, what's that make me?\" ", "Through this conversation, Don was surprised to learn that Mr. Miller was two years his senior and commented on Mr. Miller's youthful appearance.", "\n\n\n5\nSometime within Mr. Miller's first year with EMC he attended a business conference with Don, Judy, and Mike Eby. ", "During the conference a slide was shown of an elderly man with \"craggily and tight\" skin wearing a bathing suit. ", "In front of Mr. Miller, Don leaned over and told his wife and son, \"[T]hat's what [Mr.] Miller's going to look like soon.\"", "\n\n\n6\nJudy Eby also made comments about Mr. Miller's age and appearance while he was employed at EMC. ", "Once she said, \"I can't believe you're older than Don, because he has a lot more gray hair or all gray hair and you don't.\" ", "On another occasion Judy saw Mr. Miller run down a hallway and remarked that he was in \"pretty good shape for his age,\" unlike Don who had knee or hip problems.", "\n\n\n7\nAfter working for EMC for over two years, Mr. Miller was called into Don's office and terminated. ", "Don told Mr. Miller the Eby companies were in financial trouble and that he was being terminated due to a overall reduction in force (\"RIF\"). ", "Don also told Mr. Miller that his position was being eliminated, and that his duties would be assumed either by Mike or Don. ", "However, the day after Mr. Miller was fired, Alan Fairbanks, who was 24 years younger than Mr. Miller, was hired as EMC's general manager at roughly the same salary Mr. Miller had before he was terminated. ", "Mr. Fairbanks had been an Eby employee longer than Mr. Miller and had previously been employed by EMC. ", "However, immediately before Mr. Miller was terminated, Mr. Fairbanks was employed by EDM, and Don testified the relative seniority of Mr. Fairbanks and Mr. Miller was not a factor in his decision to terminate Mr. Miller.", "\n\n\n8\nBefore bringing suit, Mr. Miller sought administrative review with the Equal Employment Opportunity Commission (\"EEOC\"). ", "During this process, Eby wrote a letter to the EEOC detailing its reasons for terminating Mr. Miller, which indicated that along with a RIF, Mr. Miller's performance was a factor in its decision to terminate him. ", "However, after the EEOC issued a right to sue letter and Mr. Miller filed this suit, Eby stipulated that his performance was not a factor in its decision to fire him.", "\n\n\n9\nAt the time Mr. Miller was terminated, some of the Eby companies, especially EDM, were experiencing financial difficulties due to a downturn in the assisted living industry, but EMC was seemingly not experiencing these same difficulties. ", "Before Mr. Miller was hired, EMC had never made a profit; however, after Mr. Miller's first year as general manager, EMC made a profit of over $300,000, and the company was forecasting similar results when Mr. Miller was terminated.", "\n\n\n10\nBefore trial, Mr. Miller filed a motion in limine seeking to exclude all evidence of his performance as EMC general manager, and the financial condition of the Eby companies other than EMC. ", "However, Mr. Miller also indicated his intent to introduce the EEOC letter stating Eby considered his performance in deciding to terminate him as evidence that Eby gave the EEOC a false reason for its actions. ", "Eby objected, arguing that if the court allowed the EEOC letter to be admitted it should have the opportunity to explain its statement with evidence of Mr. Miller's performance. ", "The district court granted Mr. Miller's motion, in part, ruling that evidence of Mr. Miller's prior performance was not admissible in light of the parties' stipulation, but that Mr. Miller could use the EEOC letter to prove pretext. ", "However, the district court denied the motion as to evidence of the financial condition of the other Eby companies.", "\n\n\n11\nDuring trial, Eby twice moved for judgment as a matter of law (\"JMOL\") pursuant to Fed.", "R.Civ.", "P. 50(a), arguing the evidence was insufficient to support a finding of age discrimination. ", "The district court denied both motions, and the case was submitted to the jury. ", "After deliberating for three hours, the jury returned a verdict for Mr. Miller finding that Eby had willfully discriminated against him on the basis of his age in violation of the ADEA, and that Eby breached its employment contract with Mr. Miller.2 Eby then filed a post-verdict motion for JMOL, or in the alternative for a new trial, pursuant to Fed.", "R.Civ.", "P. 50(b), arguing, among other things, that (1) the evidence was insufficient to support the verdict, (2) the district court erred in instructing the jury, and (3) the district court erred in excluding evidence proffered by Eby. ", "Again, Eby's motion was denied. ", "Eby now appeals the district court's denial of it motion for JMOL or in the alternative for a new trial, raising these same three issues.", "\n\n\nDiscussion\n\nA. Sufficiency of the Evidence\n\n12\nEby argues the district court erred in denying its motion for JMOL as there was insufficient evidence to support the jury's finding of age discrimination, or that such discrimination was willful. ", "We review the denial of a motion for JMOL de novo, using the same legal standard as the district court. ", "Greene v. Safeway Stores, Inc., 98 F.3d 554, 557 (10th Cir.1996). ", "JMOL is only proper when \"the evidence and all inferences to be drawn therefrom are so clear that reasonable minds could not differ on the conclusion.\" ", "Id. In conducting our review, we consider the record in its entirety and \"draw all reasonable inferences in favor of the nonmoving party.\" ", "Reeves v. Sanderson Plumbing Prods., ", "Inc., 530 U.S. 133, 150, 120 S.Ct. ", "2097, 147 L.Ed.2d 105 (2000). ", "We do not however \"weigh the evidence, pass on the credibility of witnesses, or substitute [our] conclusions for that of the jury.\" ", "Minshall v. McGraw Hill Broad. ", "Co., Inc., 323 F.3d 1273, 1279 (10th Cir.2003) (citation omitted).", "\n\n1. ", "Age Discrimination\n\n13\nMr. Miller's theory in this case is that Eby's proffered reasons for his termination were a pretext for age discrimination. ", "The evidentiary requirements for pretext claims under the ADEA are well established. ", "Initially, the employee must prove the prima facie case by establishing that he was: (1) within the age group protected by the ADEA when he was terminated, (2) performing his job satisfactorily, (3) discharged, and (4) replaced by a younger person. ", "Reeves, 530 U.S. at 142, 120 S.Ct. ", "2097; McKnight v. Kimberly Clark Corp., 149 F.3d 1125, 1128 (10th Cir.1998). ", "Once the prima facie case is established, a presumption of discrimination arises and the employer has the burden to produce a \"legitimate, nondiscriminatory reason\" for its action. ", "Reeves, 530 U.S. at 142, 120 S.Ct. ", "2097. ", "If the employer proffers a legitimate reason, the employee then must prove, by a preponderance of the evidence, that the employer's explanation is merely a pretext for unlawful discrimination. ", "Id. at 143, 120 S.Ct. ", "2097. ", "At this point, the McDonnell Douglas framework, with its presumptions and burden shifting, drops out and the sole issue is whether unlawful discrimination occurred. ", "Id. 142-43, 120 S.Ct. ", "2097. ", "However, in deciding this issue, the jury is still entitled to consider the evidence establishing the prima facie case and the reasonable inferences drawn therefrom. ", "Id. at 143, 120 S.Ct. ", "2097.", "\n\n\n14\nHere, the parties stipulated to the prima facie case,3 and Eby has proffered a legitimate, nondiscriminatory reason — RIF — for terminating Mr. Miller. ", "Therefore, the only question before us is whether Mr. Miller sufficiently established that Eby's proffered reason was a pretext for discrimination.", "\n\n\n15\nPretext exists when an employer does not honestly represent its reasons for terminating an employee. ", "See The American Heritage Dictionary of the English Language (4th ed.2000) (pretext is defined as (1) \"An ostensible or professed purpose; an excuse\" and (2) \"An effort or strategy intended to conceal something\"). ", "And while rejection of the employer's explanation does not compel a finding of discrimination, \"it is permissible for the [factfinder] to infer the ultimate fact of discrimination from the falsity of the employer's explanation.\" ", "Reeves, 530 U.S. at 147, 120 S.Ct. ", "2097. ", "The Court further explained that \"[s]uch an inference is consistent with the general principle of evidence law that the factfinder is entitled to consider a party's dishonesty about a material fact as affirmative evidence of guilt.\" ", "Id. (internal quotations and citation omitted). ", "In drawing such inference, the factfinder must be able to conclude, based on a preponderance of the evidence, that discrimination was a determinative factor in the employer's actions — simply disbelieving the employer is insufficient. ", "Id. at 146-47, 120 S.Ct. ", "2097. ", "However, the evidence establishing the prima facie case, along with the reasonable inferences drawn therefrom, coupled with a disbelief of the employer's explanation, can be sufficient to make this finding. ", "Id. at 147, 120 S.Ct. ", "2097; St. Mary's Honor Ctr. ", "v. Hicks, 509 U.S. 502, 511, 113 S.Ct. ", "2742, 125 L.Ed.2d 407 (1993).", "\n\n\n16\nEby argues that Mr. Miller failed to prove pretext because he did not sufficiently establish that Eby's RIF explanation was false, and that even if the jury disbelieved its RIF justification, the evidence was insufficient to infer that age discrimination motivated its decision. ", "Upon reviewing the record, we conclude that Mr. Miller has provided sufficient evidence upon which the jury could reasonably conclude that Eby's stated reasons for terminating him, including a RIF, were disingenuous.", "\n\n\n17\nFirst, Mr. Miller has provided evidence that the explanation he was given the day he was fired was false. ", "Mr. Miller was told that his position was being eliminated and that Don or Mike would assume his duties, but this is not what happened. ", "Rather, Mr. Miller was replaced the day after he was fired by someone from outside EMC who was hired at roughly the same salary and was twenty-four years younger than Mr. Miller.", "\n\n\n18\n\"One way a RIF plaintiff may show pretext is to present evidence that, in fact, his job was not eliminated but remained `a single, distinct position.'\" ", "Abuan, 353 F.3d at 1169 (quoting Furr v. Seagate Tech., ", "Inc., 82 F.3d 980, 988 (10th Cir.1996)). ", "EMC retained \"general manager\" as a \"single and distinct position,\" even though Mr. Miller was told the position was being eliminated. ", "In explanation, Don testified that EMC had not decided what they were going to do when Mr. Miller was terminated. ", "Eby further argues that eliminating a general manager position is \"facial[ly] implausib[le]\" and shows Mr. Miller's perception of EMC's plans was unreasonable, and that its representation of who would assume Mr. Miller's job was too vague to be relied on. ", "Certainly the jury could have accepted Eby's argument; however, we cannot say that there was insufficient evidence upon which to accept Mr. Miller's explanation, which is clearly what the jury did.", "\n\n\n19\nSecond, Mr. Miller also produced evidence that Eby gave the EEOC a false reason for his termination. ", "Eby stipulated at trial that Mr. Miller's performance was not a factor in its decision to fire him even though it had previously told the EEOC performance was a factor. ", "Eby concedes, as it must, that this evidence suggests it gave a false reason to the EEOC, but the company argues this does nothing to prove that its other justification — RIF — was false. ", "We disagree.", "\n\n\n20\nOne of the primary roles of the factfinder is to assess credibility in deciding how to view the evidence. ", "Lamon v. City of Shawnee, Kan., 972 F.2d 1145, 1159 (10th Cir.1992) (\"It is the jury's exclusive province to assess the credibility of witnesses and determine the weight to be given to their testimony.\"). ", "Indeed, the jury in this case was instructed that it could consider credibility \"in deciding the weight and credit\" to give the evidence. ", "The same principle applies here. ", "The factfinder is entitled to infer from any \"weaknesses, implausibilities, inconsistencies, incoherencies, or contradictions\" in the employer's proffered reasons for its action that the employer did not act pursuant to those reasons, Morgan v. Hilti, Inc., 108 F.3d 1319, 1323 (10th Cir.1997), and we can see no reason to limit this inference to the specific proffered reason suffering from an inconsistency. ", "If the factfinder concludes that one of the employer's reasons is disingenuous, it is reasonable for it to consider this in assessing the credibility of the employer's other proffered reasons.", "\n\n\n21\nFinally, the parties disagree on whether, in assessing the credibility of Eby's RIF justification, the jury must consider the financial condition and employment actions of the Eby companies as a whole or only EMC. ", "Eby argues that, considering the companies as a whole, there was sufficient evidence to establish a RIF given that 29 other Eby employees were terminated around the same time as Mr. Miller, and there was a general downturn in the assisted-living industry causing financial problems for EDM and other Eby companies. ", "Mr. Miller argues that EMC is the only relevant company because it is an independent corporation, and he was never employed by any other Eby company. ", "Further, he asserts that only considering EMC unmistakably shows the RIF explanation was false because Eby admitted there was no RIF at EMC specifically, and when he was terminated the company was projecting a profit for the second year in a row.", "\n\n\n22\nWe refuse to find as a matter of law that the jury was required to accept either party's view of the evidence. ", "Rather, this was a question of fact for the jury to resolve. ", "The district court admitted Eby's evidence regarding the financial condition of the Eby companies as a whole, and with all the evidence before it, the jury rejected Eby's RIF explanation. ", "We cannot say this conclusion was unsupported by substantial evidence. ", "Dodoo v. Seagate Tech., ", "Inc., 235 F.3d 522, 531 (10th Cir.2000).", "\n\n\n23\nEby also argues that even if the jury was reasonable in rejecting its RIF explanation, the evidence was insufficient to prove that its actions were motivated by age discrimination. ", "Specifically, Eby argues the comments about Mr. Miller's age fail to establish discriminatory motive. ", "Again, we disagree.", "\n\n\n24\nAddressing sufficiency of the evidence in ADEA cases, the Supreme Court has established that once the employer has proffered a legitimate, non-discriminatory justification\n\n\n25\nthe trier of fact proceeds to decide the ultimate question: whether plaintiff has proven \"that the defendant intentionally discriminated against [him]\".... The factfinder's disbelief of the reasons put forward by the defendant (particularly if disbelief is accompanied by a suspicion of mendacity) may, together with the elements of the prima facie case, suffice to show intentional discrimination.", "\n\n\n26\nHicks, 509 U.S. at 511, 113 S.Ct. ", "2742. ", "The evidence establishing the prima facie case coupled with the jury's rejection of the employer's explanation will not always support a finding of discrimination, such as in cases where the \"plaintiff created only a weak issue of fact as to whether the employer's reason was untrue and there was abundant and uncontroverted independent evidence that no discrimination occurred,\" Reeves, 530 U.S. at 148, 120 S.Ct. ", "2097, but this is not the case here.", "\n\n\n27\nAs discussed above, Mr. Miller has done more than create a \"weak issue of fact\" as to whether Eby was truthful in explaining why it terminated Mr. Miller by showing multiple false explanations were given, and once Eby's explanation is rejected there is no apparent alternative legitimate justification for Mr. Miller's termination. ", "See id. (citing cases recognizing that in some cases the facts show there is an alternative legitimate explanation that prevents a finding of discrimination). \"", "Events have causes; if the only explanations set forth in the record have been rebutted, the jury is permitted to search for others, and may in appropriate circumstances draw an inference of discrimination.\" ", "Aka v. Washington Hosp. ", "Ctr., ", "156 F.3d 1284, 1292 (D.C.Cir.1998). ", "The employer is in the best position to explain its actions, and when it chooses to lie about its reasons for terminating an employee it runs the risk that \"the lie will lead the jury to draw an adverse inference.\" ", "Id. at 1293. ", "This is true even when there are possible legitimate explanations for the lie. ", "Id. at 1294 n. 8 (\"[T]he fact that a lie could have multiple explanations, some of them well-intentioned, cannot and should not foreclose the finder of fact, after hearing witness testimony and assessing the evidence as a whole, from deciding that the real motivation for lying was not innocent, but discriminatory.\").", "\n\n\n28\nAnd while we might agree that the comments made to Mr. Miller by members of the Eby family are insufficient in themselves to prove discriminatory motive, see Rea v. Martin Marietta Corp., 29 F.3d 1450, 1457 (10th Cir.1994) (\"Isolated comments ... are insufficient to show discriminatory animus in termination decisions.\") (", "citation omitted), this was not the only evidence before the jury. ", "Rather, the jury had the evidence from the prima facie case and the fact that Eby lied about its reasons for firing Mr. Miller, coupled with the comments. ", "As such, when viewed as a whole, the record contains sufficient evidence to support the jury's finding of age discrimination.", "\n\n2. ", "Willfulness\n\n29\nEby also contends the evidence was insufficient to support a finding of willful discrimination. ", "However, we agree with amicus EEOC that Eby failed to preserve this issue for appeal. \"", "To preserve a sufficiency of the evidence claim for appellate review, a party must move for judgment as a matter of law ... under Federal Rule of Civil Procedure 50(a) at the close of the evidence.\" ", "United Int'l Holdings, Inc. v. Wharf (Holdings) Ltd., 210 F.3d 1207, 1228 (10th Cir.2000). ", "One of the purposes of these motions is to alert the opposing party (and the court) of any deficiencies in the case, \"thereby giving the party an opportunity to rectify any deficiencies prior to the case being submitted to the jury.\" ", "Cummings v. Gen. Motors Corp., 365 F.3d 944, 949 (10th Cir.2004). ", "Thus, the moving party must \"specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.\" ", "Fed.", "R.Civ.", "P. 50(a)(2).", "\n\n\n30\nFailure to sufficiently raise an issue in a motion for JMOL bars appellate review of that issue. ", "Cummings, 365 F.3d at 949. ", "In determining whether an issue has been sufficiently raised, the court liberally construes the party's motion for JMOL. ", "Id. Technical precision is not the standard. ", "Rather, the moving party need only \"adequately notify the court of the issues being raised.\" ", "Id. at 950.", "\n\n\n31\nHere, Eby made two oral motions for JMOL before the case was submitted to the jury. ", "In both motions the company argued there was insufficient evidence to support a finding of age discrimination based on the evidentiary requirements for proving an ADEA claim discussed above; however, neither motion asserted that (assuming the motion was denied) the evidence still was insufficient to support a finding of willfulness under the ADEA.", "\n\n\n32\nWhile it might be argued that a sufficiency challenge to finding willful discrimination is encompassed in a challenge to finding age discrimination in general, we find this position in error. ", "See Wharf, 210 F.3d at 1228-29 (rejecting argument that damages challenge was raised by implication in stated non-damage grounds for JMOL); Cummings, 365 F.3d at 950 (refusing to find issue of liability in general was raised when defendant only directly addressed a defense to liability). ", "To prove willful discrimination the plaintiff must establish that the \"employer either knew or showed reckless disregard\" as to whether its conduct violated the ADEA. ", "Hazen Paper Co. v. Biggins, 507 U.S. 604, 617, 113 S.Ct. ", "1701, 123 L.Ed.2d 338 (1993). ", "This evidentiary showing is distinct from the prima facie case and pretext standards discussed above. ", "Therefore, by failing to challenge willfulness directly, Eby did not alert Mr. Miller as to a possible evidentiary deficiency on this issue, and Mr. Miller was not afforded an opportunity to correct such problem before the case was submitted to the jury, if one existed.", "\n\n\n33\nFurther, Eby failed to object to the jury instruction on willfulness. ", "See Atchley v. Nordam Group, Inc., 180 F.3d 1143, 1147-48 (10th Cir.1999) (finding that where employer failed to raise punitive damage issue in motion for JMOL and also failed to object to punitive damage jury instruction, issue was not preserved for appeal). ", "Thus, Eby failed to give any indication during trial that sufficiency of the evidence regarding willfulness was an issue. ", "As such, Eby is barred from raising this issue on appeal. ", "To hold otherwise would be in contravention of the purposes of Rule 50(a) motions.", "\n\nB. Motion for a New Trial\n\n34\nEby seeks a new trial on two grounds: (1) the district court erred in instructing the jury on pretext, and (2) the district court erred in excluding Eby's evidence regarding Mr. Miller's performance on the basis of the parties' stipulation that his performance was not an issue when Mr. Miller was allowed to introduce the EEOC letter referencing performance. ", "As both of these arguments are factually related, we address them together.", "\n\n\n35\nFirst, Eby contends the evidence was insufficient to support a jury instruction on pretext as the only evidence of pretext — the EEOC letter — was inadmissible because it violated the parties' stipulation that Mr. Miller's performance was not a factor in his termination. ", "We disagree with Eby's characterization of the evidence.", "\n\n\n36\nThe parties stipulated that \"[i]n terminating [Mr. Miller's] employment, no consideration of any kind was given to [his] past performance.\" ", "However, the EEOC letter specifically identified Mr. Miller's performance as one of the factors Eby considered in terminating him. ", "By referencing this letter, Mr. Miller was not attempting to prove that his performance was factor, which would be in violation of the stipulation; rather, he was attempting to show that Eby had lied to the EEOC about why he was terminated, suggesting, in general, that Eby's proffered reasons for firing him were untruthful and a pretext. ", "This was not a misuse of the parties' stipulation.", "\n\n\n37\nFurther, as discussed previously, the EEOC letter was not the only evidence suggesting pretext. ", "Mr. Miller also produced evidence showing the explanation Eby gave to him on the day he was terminated was false. ", "We have previously held that a pretext instruction \"is required where, as here, a rational finder of fact could reasonably find the [employer's] explanation false and could `infer from the falsity of the explanation that the employer is dissembling to cover up a discriminatory purpose.'\" ", "Townsend v. Lumbermens Mut. ", "Cas. ", "Co., 294 F.3d 1232, 1241 (10th Cir.2002) (quoting Reeves, 530 U.S. at 134, 120 S.Ct. ", "2097) (emphasis added). ", "Thus, reviewing the instructions de novo, we conclude they \"state[d] the applicable law and provide[d] the jury with an appropriate understanding of the issues and the legal standards to apply.", "\"4 Faulkner v. Super Valu Stores, Inc., 3 F.3d 1419, 1424 (10th Cir.1993).", "\n\n\n38\nRelatedly, Eby's argument that it was entitled to introduce evidence of Mr. Miller's performance in an attempt to explain its statement in the letter to the EEOC is in error. ", "As Eby admits, the stipulation removing Mr. Miller's performance as an issue in this case was voluntarily entered into by both parties for strategic reasons. ", "Stipulations are generally considered judicial admissions, Vallejos v. C.E. Glass Co., 583 F.2d 507, 510 (10th Cir.1978), and are routinely accepted as they increase efficiency in the judicial process. ", "As such, \"[t]his court is ... reluctant to relieve parties from the benefits, or detriments of their stipulations.\" ", "Stafford v. Crane, 382 F.3d 1175, 1180 (10th Cir.2004) (internal quotations and citation omitted). ", "Further, the district court is vested with broad discretion in deciding whether to enforce a parties stipulation or not, Wheeler v. John Deere Co., 935 F.2d 1090, 1098 (10th Cir.1991). ", "Under the facts of this case, we cannot say the district court abused its discretion in enforcing the stipulation against Eby.", "\n\n\n39\nAFFIRMED.", "\n\n\n\nNotes:\n\n\n1\n Mr. Miller's retaliation claim was dismissed by the district court on summary judgment, which Mr. Miller has not appealed\n\n\n2\n As Eby has not appealed the jury's verdict as to breach of contract claim, this claim is not before us\n\n\n3\n Even though the parties did not expressly state they were stipulating to the prima facie case, the parties' stipulations included the following: (1) Mr. Miller's and Mr. Fairbanks' relative ages, (2) that Mr. Miller was terminated, (3) that Mr. Miller's performance was not a factor in his termination, and (4) that Mr. Fairbank replaced Mr. Miller\n\n\n4\n Mr. Miller asserts we should apply a plain error standard of review, arguing Eby failed to preserve its jury instruction challenge for appealGiron v. Corr. ", "Corp. of Am., ", "191 F.3d 1281, 1289 (10th Cir.1999). ", "As we have resolved this issue in Mr. Miller's favor using the standard more preferable to Eby, we find it unnecessary to address this issue.", "\n\n\n" ]
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[ "Links CCTV Channels\n\ntotally free of any charge! ", "These IPTV link and playlists are for\n\nSmart TV, Kodi, VLC, android, Windows, and iPhone.", "\n\nAre you looking for really working free IPTV links and m3u playlist?", "\n\nYou look here and there and come with broken no longer working staff?", "\n\nLook no further!", "\n\nWe are here to serve and get you rid of all that tough and time-consuming job!", "\n\nWe are here just to provide you with the best,\n\nmost recent and regularly updated IPTV free links and m3u playlists!", "\n\nIn en.security.com, we publish daily updated free links\n\nIPTV m3u lists for all world TV channels streaming via IPTV technology." ]
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0.008617
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[ "West Ham have announced the renewal of their agreement with Betway, which is “the largest partnership deal” in the club’s history.", "\n\nOnline gambling firm Betway has been the club’s shirt sponsor since February 2015, and a year later signed an extension through to May 2020, which was reportedly worth more than £10million per season.", "\n\nWest Ham vice-chairman Karren Brady said this new “long-term” deal with Betway was a signal of the club’s intention to continue to move forwards.", "\n\n“After working together successfully for four years, this is a new, long-term, record-breaking commercial deal for the club, which shows the faith that Betway has in West Ham United and our iconic global identity which has seen us recognised as one of the world’s biggest football brands,” Brady said.", "\n\n“We look forward to continuing to work with Betway as we embark on the next chapter for our great club, and we will use this partnership as a platform for success, both on and off the pitch.”" ]
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0.000618
5
[ "Q:\n\nFunction is not working when passing two parameters\n\nI have this function that checks if a text field is empty by its id, it's working fine when passing one parameter, but when passing two for two text fields it doesn't work, although I setup it the same! ", "Is there something wrong with my code?", "\nYou can check it live here: https://jsfiddle.net/hrtkLfrv/1/\nCategory: <input type=\"text\" size=\"15\" id=\"category_add2\"> \nLink: <input type=\"text\" size=\"15\" id=\"link_add2\"> \n<input type=\"submit\" value=\"Check Two IDs\" onclick=CheckTwoID(\"category_add2\", \"link_add2\")>\n\nfunction CheckTwoID(txtLink, txtCategory) {\n if (document.getElementById(txtLink).value == \"\" || document.getElementById(txtCategory).value == \"\") {\n window.alert(\"Empty Fields!\");", "\n //Exit!", "\n }\n }\n\nA:\n\nThe problem is how you bind to your onclick:\nInstead of:\nonclick=CheckTwoID(\"category_add2\", \"link_add2\")\n\nYou should rather write:\nonclick=\"CheckTwoID('category_add2', 'link_add2')\"\n\n" ]
{ "pile_set_name": "StackExchange" }
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0.001438
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[ "Q:\n\nKeeping only one ID # per month in R\n\nI have a data frame that consists of a lot of ID #'s and their transaction data for the entire year. ", "There are a lot of duplicates amongst the ID's and I want to get rid of them, but I want to have one ID per month. ", "If I use the [!", "duplicated...] function it gets rid of all the ID's after january as well. ", "Any ideas?", "\nHere is what i have:\nDate ID Transaction\n1/31/2016 111 10\n1/31/2016 111 12\n1/31/2016 112 15\n2/28/2016 111 50\n2/28/2016 112 40\n2/28/2016 112 3\n\nThis is what I would like:\nDate ID Transaction1 Transaction 2\n1/31/2016 111 10 12\n1/31/2016 112 15 -\n2/28/2016 111 50 -\n2/28/2016 112 40 3 \n\nThanks!", "\n\nA:\n\nWhile I know that spread should be the way to do this, I have never been able to get it to work. ", "I'm sure Hadley Wickham is unhappy this, but what I do with problems like this is paste all the value of Transaction that you want to spread into a single string with summarize, then split that string into columns using separate\nNote that as in your example, we've grouped by Date. ", "If you actually want to group by Month, then you'd need to use lubridate to extract a month value from your Date variable.", "\nlibrary(dplyr)\nlibrary(tidyr)\n\ndates %>%\n group_by(ID, Date) %>%\n summarize(ntrans = length(Transaction),\n transactions = paste0(Transaction, collapse = '-')) %>%\n separate(transactions,\n into = paste0('Transaction', seq_len(max(.$ntrans))),\n sep = '-', fill = 'right') %>%\n select(-ntrans)\n\n# A tibble: 4 x 4\n# Groups: ID [2]\n ID Date Transaction1 Transaction2\n <int> <fct> <chr> <chr> \n1 111 1/31/2016 10 12 \n2 111 2/28/2016 50 NA \n3 112 1/31/2016 15 NA \n4 112 2/28/2016 40 3 \n\n" ]
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0.000916
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[ "Tarantula\n\nMusic legend Bob Dylan's only work of fiction—a combination of stream of consciousness prose, lyrics, and poetry that gives fans insight into one of the most influential singer-songwriters of our time.", "\n\nWritten in 1966, Tarantula is a collection of poems and prose that evokes the turbulence of the times in which it was written, and offers unique insight into Dylan's creative evolution, capturing the stream-of-consciousness preoccupations of the legendary folk poet and his eclectic, erudite cool at a crucial juncture in his artistic development. ", "It has since been welcomed into the Dylan canon, as Dylan himself has cemented his place in the cultural imagination, inspiring Todd Haynes’s acclaimed 2007 musical drama I’m Not There, selling more than 100 million records, and winning numerous prizes, including the Nobel Prize for Literature in 2017.", "\n\nIn his acceptance speech for the Nobel, Dylan acknowledged the early influence on his work of Buddy Holly and Lead Belly as well as of wide-ranging classics like Don Quixote, All Quiet on the Western Front, and Moby Dick. ", "Tarantula is a rare chance to see Dylan at a moment in which he was still deeply connected to his country roots and a folk vernacular while opening himself up to the influence of French 19th-century Surrealist writers like Arthur Rimbaud and the Comte de Lautreamont. ", "A decade before the confessional singer-songwriter who would create the 1975 epic, Blood on the Tracks—which was just optioned by filmmaker Luca Guadagnino—here is Dylan at his most verbally playful and radically inventive.", "\n\nAngry, funny, and strange, the poems and prose in this collection reflect the concerns found in Dylan's most seminal music—a spirit of protest, a poetic spontaneity, and a chronicling of the eccentric and the everyday—which continue to make him a beloved artist and cultural icon.", "\n\nBob Dylan has released thirty-eight studio albums, which collectively have sold over 120 million copies around the world. ", "He won the Nobel Prize in Literature and has been awarded the French Legion of Honor, a Pulitzer Prize Special Citation, and the Presidential Medal of Freedom, the country’s highest civilian honor. ", "His memoir, Chronicles: Volume One, spent a year on the New York Times bestseller list.", "\n\nTarantula\n\nGet a FREE e-book by joining our mailing list today!", "\n\nGet our latest book recommendations, author news, and competitions right to your inbox.", "\n\nBy clicking 'Sign me up' I acknowledge that I have read and agree to the privacy policy and terms of use, and the transfer of my personal data to the United States, where the privacy laws may be different than those in my country of residence. ", "Free eBook offer available to NEW UK subscribers only. ", "Offer redeemable at Simon & Schuster's ebook fulfillment partner. ", "Must redeem within 90 days. ", "See full terms and conditions and this month's choices.", "\n\nConnect with Simon & Schuster\n\nResources\n\nBy clicking 'Sign me up' I acknowledge that I have read and agree to the privacy policy and terms of use, and the transfer of my personal data to the United States, where the privacy laws may be different than those in my country of residence. ", "Free eBook offer available to NEW UK subscribers only. ", "Offer redeemable at Simon & Schuster's ebook fulfillment partner. ", "Must redeem within 90 days. ", "See full terms and conditions and this month's choices." ]
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0.001028
22
[ "Netherlands women's national under-20 volleyball team\n\nThe Netherlands women's national under-20 volleyball team represents Netherlands in international women's volleyball competitions and friendly matches under the age 20 and it is ruled by the Dutch Volleyball Association That is an affiliate of Federation of International Volleyball FIVB and also a part of European Volleyball Confederation CEV.", "\n\nResults\n\nFIVB U20 World Championship\n Champions   Runners up   Third place   Fourth place\n\nEurope U19 Championship\n Champions   Runners up   Third place   Fourth place\n\nTeam\n\nCurrent Squad\nThe following is the Dutch roster in the 2016 European U19 Championship.", "\n\nHead coach: Julien Van De Vyver\n\nReferences\n\nExternal links\nOfficial website \n\nCategory:National women's under-20 volleyball teams\nVolleyball\nCategory:Volleyball in the Netherlands" ]
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0.000688
3
[ "Gulf Coast State College Commodores\n\nGulf Coast State College athletic teams are nicknamed the Commodores and compete in the Panhandle Conference of the Florida State College Activities Association, a body of the National Junior College Athletic Association Region 8. ", "The current athletic director is Mike Kandler who has been serving in this capacity since 2018.", "\n\nChampionships\n\nThe Commodores have won a total of 74 championships. ", "32 of those belong to the women's basketball team.", "\n\nConference Championships\n\nRegional Championships\n\nNational Championships\n\nCurrent Coaches\nMary \"Roonie\" Scovel coached the Lady Commodores from 1996-2012. ", "When she retired Vernette Skeete became head coach. ", "After the 2013-14 season Skeete took a job offer at Marquette so Roonie returned. ", "She has a historic record of 17 Panhandle Conference Championships, 12 Regional Championships, and 6 National Championships.", "\n\nKristian Robertson was hired after Head Coach Kyle Peck stepped down. ", "Robertson, who played at Gulf Coast from 2010-2012, has been the assistant coach for former coach Kyle Peck since 2014. ", "\n\nBeth Wade is only the second softball coach at Gulf Coast. ", "She prepares for her 3rd season following Susan Painters 892-328 run.", "\n\nJay Powell is the 16th coach for the Gulf Coast men's basketball team. ", "He has never won a conference title.", "\n\nMike Kandler Coach Kandler has won 2 Panhandle Conference championships (2006, 2010) and has taken the Commodores to the playoffs five times (2006-2007, 2010, 2014-2015)\n\nReferences\n\nAthletic Site\nOfficial Site\n\nCategory:College sports teams in Florida\nCategory:Gulf Coast State College\nCategory:Panama City, Florida" ]
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0.000812
15
[ "Facebook Twitter LinkedIn\n\nBefore starting this post (which won’t interest most people) let me just reiterate that the big question going forward is whether Trump will govern as a populist or a GOP supply-sider. ", "The markets clearly expect the latter–they think he conned the blue-collar workers to get their votes. ", "Since I’ve been wrong about Trump before, I won’t offer an opinion—just wait and see. ", "Perhaps the funniest and most clueless headline I saw today is that markets are rising because they expect “infrastructure”. ", "Will Keynesians ever give up? ", "Like infrastructure is going to drive biotech 10% higher in 2 days. ", "And that’s not even accounting for monetary offset.", "\n\nThe “Wisconsin Idea” is a progressive strand of politics that is usually attributed to immigrants from Germany and Scandinavia. ", "Wisconsin was deeply involved in the progressive movement of the early 20th century (La Follette, etc.), ", "and pioneered legislation like unemployment insurance. ", "We abolished the death penalty 100 years before less civilized places like Britain and France. ", "But in recent years the Wisconsin idea has been fading, and now I think it’s effectively gone. ", "This election was the final nail in the coffin.", "\n\nThe story can be told in maps. ", "Four years ago I did a post on the “Driftless Area”, where Wisconsin, Illinois, Iowa and Minnesota all meet up. ", "It was the one white, rural agricultural area of the country that stayed blue, as other rural regions went for Romney:\n\nBrian Donohue sent me a map showing counties that switched from blue to red in this election:\n\nYou can see that the Driftless Area stands out as moving to the GOP, delivering states like Iowa and Wisconsin to Trump.", "\n\nBTW, don’t be fooled by the other blue rural areas on the first map, they are generally special cases, reflecting Indian reservations in the southwest, Hispanic areas on the Texas/Mexico border, the black belt along the ancient SE coastline of America, and the mining belt of northern Minnesota, etc.", "\n\nThe transformation of the GOP into the rural party and the Dems into the urban party is now almost complete. ", "The suburbs are split, with suburbs in the more highly educated areas trending blue, and working class suburbs moving red.", "\n\nThomas Frank should write a book “What’s the Matter with White America”, as both the rich and poor (white) regions seem to be voting against their interests. (", "I’m not convinced by that hypothesis, I’m just saying that if you believe it, it applies to far more than Kansas.)", "\n\nFYI, here is a map of the Driftless Area:\n\nFacebook Twitter LinkedIn\n\nTags:\n\nThis entry was posted on November 10th, 2016 and is filed under Social trends. ", "You can follow any responses to this entry through the RSS 2.0 feed. ", "You can leave a response or Trackback from your own site.", "\n\n\n\n" ]
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0.001763
25
[ "Q:\n\nJavaScript serialize image (icon)\n\nI am building an extension in CrossRider. ", "I need to save images/icons, which I have their url, in a database. ", "They are tiny images and won't be a problem in the database. ", "I might have something like that accessible to background.js:\n<img src=\"http://something.com/icon.ico\" alt=\"icon\">\n\nAnd I want to be able to serialize that image to the database (it's a key/value database) and deserialize that later and display it. ", "Something like HTML5's FileReader.readAsDataUrl() will be good, but I can't use that method because it seems too tied to forms.", "\nThanks ([-|).", "\n\nA:\n\nBase64 conversion to display the image doesn't seem to be necessary:\nvar xhr = new XMLHttpRequest();\nxhr.open('GET', 'http://g.etfv.co/http://www.google.com', true);\nxhr.responseType = 'blob';\nxhr.onload = function (e) {\n var icon_blob = xhr.response; //That can be saved to db\n var fr = new FileReader();\n fr.onload = function(e) {\n document.getElementById('myicon').src = fr.result; //Display saved icon\n };\n fr.readAsDataURL(icon_blob);\n};\nxhr.send(null);\n\nHere's it on JSFiddle.", "\n\n" ]
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0.000999
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[ "Chelsea defender Fikayo Tomori has revealed that Nigeria never made a concerted effort to convince him to switch national allegiances prior to his international call-up for England.", "\n\nThe 21-year-old was selected in Gareth Southgate’s latest squad for Euro 2020 qualifiers against the Czech Republic and Bulgaria earlier this month.", "\n\nTomori’s parents are of Nigerian descent while he is also eligible for Canada having been born in Calgary, representing them three times at Under-20s level.", "\n\nHis breakthrough into Chelsea’s first-team under Frank Lampard this seasson sparked a scramble to secure his international future but Tomori insisted he had no contact with Nigeria prior to accepting Southgate’s call.", "\n\n“England called me up in September, and I didn’t get a call up from anyone and when they called me up, it was hard to say no to them,” he said.", "\n\n“But I enjoy Nigerian music, I’m Nigerian, it’s my culture and I’m very proud of it.”", "\n\nTomori will look to continue his fine form as the Blues travel to Burnley on Saturday aiming to extend their record of six consecutive victories in all competitions.", "\n\nN’Golo Kante is a major doubt with a groin injury but Ross Barkley (ankle) could be available." ]
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0.001285
8
[ "I looked around, I've come across a couple by propper. ", "IDK if there is a difference in quality. ", "Ones that I've seen are usually asking too much for a used item or are just beat to heck and would need replacement of the the straps and waist belt. ", "Many do not come with lids also.", "\n\nGreat pack but for the price is not worth it. ", "In my experience they rip fairly easily. ", "Not water reppelent what so ever. ", "They are very comfortable great padding but it also absorbs sweat fast so you need to clean it regularly. ", "Again for the price you can find a better pack.", "\n\nBe careful if you buy...some sellers don\"t differentiate between the MAIN pack or the ASSAULT pack!! ", "These are \"supposed\" to have been made by Arc'Teryx, a very fine company. ", "However, I would imagine that ebay is being flooded with Chinese imitations. ", "Considering that these are USMC issue, I can't understand their overevaluation by sellers, many who are selling stripped models and then charging extra for the straps and belt.", "\n\nI tried one for 2 3day hikes, ($250) also tried the CFP90, like it better, sold ILBE ($200) & bought CFP90 for $75. ", "So far i have no complaints about the CFP pack, other than i see the prices have doubled.", "\n\nyeah have looked at them. ", "Is it worth the cash? ", "I really don't like getting pack over the net due to not being able to try it out. ", "And don't want to be tracked of what i buy. ", "Would rather go and pay cash if you know what i mean. ", "but i am looking at the v90 if i where to get one.", "\n\nyeah have looked at them. ", "Is it worth the cash? ", "I really don't like getting pack over the net due to not being able to try it out. ", "And don't want to be tracked of what i buy. ", "Would rather go and pay cash if you know what i mean. ", "but i am looking at the v90 if i where to get one.", "\n\nGive Eberlestock a direct call, they have been very helpful when I've called them. ", "If you are a non averaged shape person, give them your measurements and they may be able to help you decide if you need a smaller or larger waist belt. ", "Also I'm pretty sure you can pay them via a USPS money order. ", "Which of course you can purchase from the post office with cash. ", "Then if necessary, have it shipped to an alternate address such as a rented private mailbox. ", "A PMB costs about 15 bucks a month. ", "Use it for other online purchases, most vendors will happily accept payment via USPS money order and ship to a PMB. ", "Just don't ever have any official mail ever sent to the PMB such as bank docs, DMV, medical, etc. ", "Depending on where you live and what PMB vendors are available, it may be possible to open the box using an alias that you can also ship your packages under that name. ", "A casual little green envelope still has clout in many places in my experience.", "\n\nAs far as trying it on first, that's something you'd have to either find another user near you with the V90 pack to try on your body. ", "Alternatively you can simply purchase it, if you don't like it you send it back and eat a little on the shipping cost.", "\n\nAdditionally Santana Outdoors in AZ is an Eberlestock dealer, they have great customer service in my handful of experiences, and I believe they ship most items of more significant cost for free. ", "For first time customers they may even give you a small 5-10% discount, just kindly ask. ", "Plus they often have free bonuses with Eberlestock packs such as a weapons carrier or hydration bladder. ", "I'm pretty sure they'd take your order over the phone and wait until a USPS MO arrives to ship your items.", "\n\nThe Eberlestock V90 seems like a well R&D'd pack. ", "I haven't tried one on myself, but I have many of their products and they are very well made and fit nicely. ", "There are many other users on this board whom are very happy with their purchases of other packs from the line, perhaps they'll chime in.", "\n\nhey, first post. ", "saw this thread and i just ordered a gen 2 ilbe from wardens supply company. ", "got the complete main pack (with a lid they made to match) and the radio pouch (purchased as an addition) for $178. ", "love it. ", "it's comfortable, but a bit of a bitch to get totally adjusted to my frame. ", "got tons of storage space and molle webbing to add external water bottles/pouches/etc. ", "its on the heavy side of packs at about 8 pounds but is durable as hell. ", "anyone says they can tear this without the use of a knife either is FOS or got some cheap knockoff.", "\n\nand warden's was great to deal with. ", "the pack was in outstanding condition.... a couple of minor stains (it was already washed per arcteryx instructions), no tears/broken buckles/etc. ", "the lid they manufactured was good enough for me.... matched to pack, even had a zippered compartment inside and molle webbing outside.", "\n\ni plan to take it out next month for a camping trip and use it for a BOB as it holds all my gear comfortably.", "\n\nThe Following User Says Thank You to nathandmedic For This Useful Post:\n\nI have the ILBE and it seems great. ", "Seems, because it sits in my truck as a GHB and haven't hiked with it. ", "I know, give me hell for that, it's deserved. ", "Anyways I paid about $210 for it several years ago and it had everything except for the assault pack and everything was in great condition. ", "Lots o space for my overweight gear. ", "I do however need tomadjust the pack for my body dimensions which hear is not as easy as other packs. ", "I would highly recommend." ]
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0.028025
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[ "Everything about the Essential Smartphone from the Creator of Android\n\nEssential CEO, Andy Rubin, or as many call him the Father of Android himself (because he created Android) has yesterday announced his new venture: A bezel-less smartphone that promises so much, I’m sure some Galaxy S8 buyers are already regretting.", "\n\nEssential Smartphone\n\nThe best part of the announcement is that the device which costs $US699 ships as early as June 2017.", "\n\nHere are the major things about the Essential Phone:\n\nNo bezels to the extent the front screen wraps around the camera\n\n5.71 inch 19:10 ratio display with 2560×1312 resolution\n\nTwo 13MP rear cameras: color and monochrome lenses\n\n8MP front camera that can shoot 4K videos\n\nPogo Pins at the back to attach to accessories like 360 degree cameras or a charging dock\n\n4GB RAM, 128GB UFS 2.1 Storage\n\nSnapdragon 835 Chipset\n\nRuns Pure Android with no bloatware\n\nScreen made from a blend of Titanium and Ceramic – which makes it stronger and almost “unbreakable”\n\nNo headphone jack but adapter included\n\nThe back\n\nThe Essential Phone won’t feature any branding both front and back. ", "Users are promised that the phone will evolve with you in an open ecosystem.", "\n\nThe design and build quality from both company render images and from The Verge first look paint the image of a very high-class, premium, and beautiful-looking device. ", "Hopefully, this will shake up the market in a good way especially with the promise of reducing the need to constantly buy a new device every new year.", "\n\nFirst Sample: Photo from The Verge\n\nWhat are your thoughts on the device? ", "Looks good?", "\n\nThe company also announced Home an Amazon Echo like device that will launch soon, and AmbientOS for smart devices." ]
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0.000618
9
[ "The present invention relates to a coil unit relating to non-contact power transmission using a coil, a method of manufacturing the same, an electronic instrument, and the like.", "\nNon-contact power transmission has been known which enables power transmission without metal-to-metal contact utilizing electromagnetic induction. ", "As application examples of non-contact power transmission, charging a portable telephone, a household appliance (e.g., telephone handset), and the like has been proposed.", "\nIn recent years, a reduction in size of portable telephones has been increasingly desired. ", "This makes it necessary to reduce the size (particularly thickness) of a power transmission coil unit. ", "JP-A-8-148360, JP-A-2005-26743, and JP-A-2005-260122 disclose technologies relating to a reduction in size of a coil unit.", "\nJP-A-8-148360 discloses technology in which the thickness of a coil of a non-contact power transmission module is reduced using a soft magnetic sheet instead of ferrite. ", "This technology is useful for reducing the thickness of a magnetic material. ", "On the other hand, the thickness of the remaining portion of the coil unit cannot be reduced to a large extent using this technology.", "\nJP-A-2005-26743 discloses technology which reduces the thickness of a coil unit by employing a structure which is affected to only a small extent by a surrounding metal under a use environment of a non-contact IC card. ", "Specifically, a non-contact IC card is stably written/read without being affected by a surrounding metal by disposing two metal sheets on the back side of an antenna and a magnetic material and tuning the antenna. ", "However, the metal sheet produces heat when applying this technology to non-contact power transmission. ", "Moreover, since it is necessary to tune each antenna, mass productivity deteriorates due to an increase in cost.", "\nJP-A-2005-260122 discloses technology which reduces the size of a non-contact power transmission module by forming the non-contact power transmission module using a flexible printed circuit (FPC) board. ", "JP-A-2005-260112 discloses technology in which a coil section and a circuit section are formed so that a flexible printed circuit board can be folded at an intermediate point between the coil section and the circuit section, and the flexible printed circuit board is mounted by folding the flexible printed circuit board to sandwich a pot-type core. ", "This technology is useful when using a ferrite material as the material for the core. ", "However, the coil placement shape cannot be formed when using a sheet-shaped magnetic material. ", "Moreover, it is difficult to apply this technology when using a wound coil and a substrate." ]
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0.000621
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[ " United States Court of Appeals\n FOR THE DISTRICT OF COLUMBIA CIRCUIT\n\n\n\nArgued April 8, 2005 Decided July 15, 2005\n Reissued September 13, 2005\n\n No. ", "03-1361\n\n COMMONWEALTH OF MASSACHUSETTS, ET AL.,", "\n PETITIONERS\n\n v.\n\n ENVIRONMENTAL PROTECTION AGENCY,\n RESPONDENT\n\n ALLIANCE OF AUTOMOBILE MANUFACTURERS, ET AL.,", "\n INTERVENORS\n\n\n Consolidated with Nos.", "\n 03-1362, 03-1363, 03-1364, 03-1365, 03-1366, 03-1367,\n 03-1368\n\n\n On Petitions for Review of an Order of the\n Environmental Protection Agency\n\n\n James R. Milkey and Howard Fox argued the cause for\npetitioners. ", "With them on the briefs were Thomas F. Reilly,\nAttorney General, Attorney General’s Office of the\nCommonwealth of Massachusetts, William L. Pardee, Assistant\nAttorney General, Joseph Mendelson, III, David Bookbinder,\nBill Lockyer, Attorney General, Attorney General’s Office of the\n\f 2\n\nState of California, Nicholas Stern and Marc N. Melnick, Deputy\nAttorneys General, David Doniger, Richard Blumenthal,\nAttorney General, Attorney General’s Office of the State of\nConnecticut, Kimberly Massicotte and Matthew Levine,\nAssistant Attorneys General, Peter C. Harvey, Attorney General,\nAttorney General’s Office of the State of New Jersey, Stefanie\nA. Brand, Deputy Attorney General, Hardy Myers, Attorney\nGeneral, Attorney General’s Office of the State of Oregon,\nPhilip Schradle, Special Counsel, Lisa Madigan, Attorney\nGeneral, Attorney General’s Office of the State of Illinois, Gary\nFeinerman, Solicitor General, Gerald T. Karr and Thomas E.\nDavis, Assistant Attorneys General, Patricia A. Madrid,\nAttorney General, Attorney General’s Office of the State of New\nMexico, Stuart M. Bluestone, Deputy Attorney General, Patrick\nC. Lynch, Attorney General, Attorney General’s Office of the\nState of Rhode Island, Tricia K. Jedele, Special Assistant, G.\nSteven Rowe, Attorney General, Attorney General’s Office of\nthe State of Maine, Gerald D. Reid, Assistant Attorney General,\nEliot Spitzer, Attorney General, Attorney General’s Office of the\nState of New York, Peter Lehner and J. Jared Snyder, Assistant\nAttorneys General, William H. Sorrell, Attorney General,\nAttorney General’s Office of the State of Vermont, Erick Titrud\nand Kevin O. Leske, Assistant Attorneys General, Rob\nMcKenna, Attorney General, Attorney General’s Office of the\nState of Washington, David K. Mears, Assistant Attorney\nGeneral, John Hogrogian, Assistant Corporation Counsel,\nCorporation Counsel of the City of New York, Julie M.\nAnderson, Fiti A. Sunia, Attorney General, Attorney General’s\nOffice of the American Samoa, Ralph S. Tyler, III, Solicitor,\nCity of Baltimore, William Phelan, Jr., Counsel, James B. Tripp,\nRobert J. Spagnoletti, Attorney General, Attorney General’s\nOffice of the District of Columbia, Edward E. Schwab, Deputy\nAttorney General, and Donna M. Murasky, Senior Litigation\nCounsel.", "\n\f 3\n\n Rebecca L. Bernard and Jeremy Kyle Kinner were on the\nbrief of amici curiae Indigenous Environmental Network,\nREDOIL and Physicians for Social Responsibility.", "\n\n Jeffrey Bossert Clark, Deputy Assistant Attorney General,\nU.S. Department of Justice, argued the cause for respondent.", "\nWith him on the brief were Thomas L. Sansonetti, Assistant\nAttorney General, Jon M. Lipshultz, Attorney, Ann R. Klee,\nGeneral Counsel, U.S. Environmental Protection Agency, and\nJohn T. Hannon and Nancy Ketcham-Colwill, Counsel.", "\n\n Neil D. Gordon, Assistant Attorney General, Attorney\nGeneral’s Office of the State of Michigan, argued the cause for\nintervenors States of Michigan, et al., ", "and amicus curiae State\nof Indiana. ", "With him on the briefs were Alan F. Hoffman,\nAssistant Attorney General, Jane E. Atwood, Assistant Attorney\nGeneral, Attorney General’s Office of the State of Texas,\nDouglas Conde, Deputy Attorney General, Attorney General’s\nOffice of the State of Idaho, Charles M. Carvell, Assistant\nAttorney General, Attorney General’s Office of the State of\nNorth Dakota, Fred Nelson, Assistant Attorney General,\nAttorney General’s Office of the State of Utah, Roxanne Giedd,\nDeputy Attorney General, Attorney General’s Office of the State\nof South Dakota, Steven E. Mulder, Assistant Attorney General,\nAttorney General’s Office of the State of Alaska, David W.\nDavies, Attorney, Attorney General’s Office of the State of\nKansas, David D. Cookson and Natalee J. Hart, Assistant\nAttorneys General, Attorney General’s Office of the State of\nNebraska, Dale T. Vitale, Senior Deputy Attorney General,\nAttorney General’s Office of the State of Ohio, and Thomas M.\nFisher, Special Counsel, Attorney General’s Office of the State\nof Indiana.", "\n\n Norman W. Fichthorn, Allison D. Wood, William A.\nAnderson, II., ", "Eric P. Gotting, Russell S. Frye, John L.\n\f 4\n\nWittenborn, William L. Fang, Dell E. Perelman, Leslie A. Hulse,\nRichard Wasserstrom, Harry M. Ng, Ralph J. Colleli, Jr., Jan S.\nAmundson, Quentin Riegel, Robin S. Conrad, John T. Whatley,\nJulie C. Becker, Douglas I. Greenhaus, Jed R. Mandel, Timothy\nA. French, Robert G. Slaughter, Mark J. Washko, and Nick\nGoldstein were on the brief of industry intervenors in support of\nrespondent.", "\n\n Daniel J. Popeo, Paul D. Kamenar, Peter Glaser, and\nDouglas A. Henderson were on the brief of amicus curiae\nWashington Legal Foundation in support of respondent.", "\n\n Edward W. Warren and Eric B. Wolff were on the brief of\namicus curiae John D. Dingell (D-Michgan) in support of denial\nof petitions for review.", "\n\n Before: SENTELLE, RANDOLPH, and TATEL, Circuit Judges.", "\n\n Judgment of the Court filed by Circuit Judge RANDOLPH.", "\n\n Opinion filed by Circuit Judge RANDOLPH.", "\n\n Opinion dissenting in part and concurring in the judgment\nfiled by Circuit Judge SENTELLE.", "\n\n Opinion dissenting in Nos. ", "03-1361, 03-1362, 03-1363, and\n03-1364 filed by Circuit Judge TATEL.", "\n\n RANDOLPH, Circuit Judge: Petitioners are twelve states,\nthree cities, an American territory, and numerous environmental\norganizations. ", "They are opposed by the Environmental\nProtection Agency as respondent, and ten states and several\ntrade associations as intervenors. ", "The controversy is about\nEPA’s denial of a petition asking it to regulate carbon dioxide\n(CO2) and other greenhouse gas emissions from new motor\n\f 5\n\nvehicles under § 202(a)(1) of the Clean Air Act, 42 U.S.C.\n§ 7521(a)(1). ", "EPA concluded that it did not have statutory\nauthority to regulate greenhouse gas emissions from motor\nvehicles and that, even if it did, it would not exercise the\nauthority at this time. ", "68 Fed. ", "Reg. ", "52,922 (Sept. 8, 2003).", "\n\n I.\n\n We should say a few words about our jurisdiction under the\nClean Air Act to review an EPA denial of a petition for\nrulemaking. ", "Section 307(b)(1), 42 U.S.C. § 7607(b)(1), gives\nthis court exclusive jurisdiction over “nationally applicable\nregulations promulgated, or final action taken, by the\nAdministrator” under chapter 85 of the Act. ", "The district courts,\non the other hand, have jurisdiction over citizen suits to compel\nEPA to perform nondiscretionary acts or duties. ", "42 U.S.C.\n§ 7604(a)(2); see Sierra Club v. Thomas, 828 F.2d 783, 787-92\n(D.C. Cir. ", "1987). ", "Because EPA refused to promulgate\n“nationally applicable regulations” after being asked to do so,\nwe have jurisdiction only if EPA thereby engaged in “final\naction.” ", "We can be sure that its denial of the rulemaking\npetition was “final.” ", "But did this constitute agency “action”?", "\nTo answer that question we must consult the Administrative\nProcedure Act -- specifically 5 U.S.C. § 551(13). ", "The term\n“action” in § 307(b)(1) of the Clean Air Act, like the term\n“final,” carries its traditional meaning in administrative law. ", "See\nWhitman v. Am. ", "Trucking Ass’ns, 531 U.S. 457, 478 (2001);\nIndep. ", "Equip. ", "Dealers Ass’n v. EPA, 372 F.3d 420, 428 (D.C.\nCir. ", "2004); Sierra Club v. Gorsuch, 715 F.2d 653, 656-57 (D.C.\nCir. ", "1983). ", "Section 551(13) of the APA defines “agency action”\nas “the whole or a part of an agency rule, order, license,\nsanction, relief, or the equivalent or denial thereof, or failure to\nact” (italics added). ", "While § 307 of the Clean Air Act makes\nseveral APA provisions inapplicable -- namely, 5 U.S.C. §§ 553-\n557 & 706 -- APA § 551 is not among them. ", "EPA’s denial of\n\f 6\n\nthe rulemaking petition was therefore “final action,” and since\nthe petition sought regulations national in scope, § 307(b)(1)\nconfers jurisdiction on this court to hear these consolidated\ncases.", "\n\n Another, related, point needs to be mentioned. ", "Several of\nthe petitions for judicial review treated a memorandum of EPA’s\nGeneral Counsel, Robert Fabricant, as “final action taken, by the\nAdministrator” under § 307(b)(1). ", "The memorandum, dated\nAugust 28, 2003, and addressed to the EPA Administrator, was\nentitled “EPA’s Authority to Impose Mandatory Controls to\nAddress Global Climate Change under the Clean Air Act.” ", "The\nGeneral Counsel, after analyzing § 202(a)(1) of the Clean Air\nAct, and other legislative and executive actions, stated his belief\nthat the Act “does not authorize regulation to address global\nclimate change.” ", " He therefore withdrew a contrary\nmemorandum issued in 1998 by one of his predecessors.", "\n\n The Fabricant memorandum, consisting of legal advice to\nthe EPA Administrator, did not in itself constitute “final action”\nof the Administrator. ", "To be sure, the Administrator adopted the\n“General Counsel’s opinion” and relied on its analysis as one of\nthe alternative grounds for rejecting the rulemaking petition.", "\nSee 68 Fed. ", "Reg. ", "at 52,925. ", "The Administrator’s explanation\nincorporated many of the memorandum’s passages verbatim,\nrephrased and reordered others, and expanded on the General\nCounsel’s reasoning. ", "Still, it is the Administrator’s denial of the\nrulemaking petition, with the accompanying explanation, that\nrepresents the “final action” of the Administrator subject to\njudicial review under § 307(b)(1). ", "The significance of the\nGeneral Counsel’s opinion, as set forth in his memorandum, is\nthe Administrator’s reliance on his reasoning in deciding the\nmatter now before us.", "\n\f 7\n\n There is an additional jurisdictional issue presented, but not\nunder the Clean Air Act. ", "EPA claims that petitioners lack\nstanding under Article III of the Constitution. ", "Standing exists\nonly if the complainant has suffered an injury in fact, fairly\ntraceable to the challenged action, and likely to be redressed by\na favorable decision. ", "See Lujan v. Defenders of Wildlife, 504\nU.S. 555, 560 (1992). ", "EPA’s argument is that petitioners have\nnot “adequately demonstrated” two elements of standing: that\ntheir alleged injuries were “caused by EPA’s decision not to\nregulate emissions of greenhouse gases from mobile sources”;\nand that their injuries “can be redressed by a decision in their\nfavor” by this court. ", "Brief for Respondent at 16.", "\n\n In anticipation of this argument, petitioners filed two\nvolumes of declarations with the court, some containing lengthy\nexhibits. ", "The declarations, from scientists, engineers, state\nofficials, homeowners, users of the nation’s recreational\nresources, and other individuals, predict catastrophic\nconsequences from global warming caused by greenhouse gases,\nincluding loss of or damage to state and private property,\nfrequent intense storm surge floods, and increased health care\ncosts. ", "Brief for Petitioners at 2-4.", "\n\n For the causation and redressability aspects of standing,\npetitioners cite two of their declarations. ", "One, from a\nclimatologist, states that reductions in CO2 and other greenhouse\ngases from vehicles in the United States would alone have a\nmeaningful impact and would “delay and moderate many of the\nadverse impacts of global warming.” ", "He adds that if EPA took\naction to reduce such emissions, other countries would likely\nfollow suit. ", "The climatologist bases his predictions about future\nclimate change on climate models and on “quantitative scenarios\ngenerated by the IPCC” -- the Intergovernmental Panel on\nClimate Change, established in 1988 by the United Nations and\nthe World Meteorological Organization. ", "The other declaration\n\f 8\n\nis from a mechanical engineer. ", "He states that, on the basis of his\nexperience with controlling other pollutants, there is “no doubt\nthat establishing emissions standards for pollutants that\ncontribute to global warming would lead to investment in\ndeveloping improved technologies to reduce those emissions\nfrom motor vehicles, and that successful technologies would\ngradually be mandated by other countries around the world.”", "\n\n We have held that, to establish standing, a petitioner\nchallenging agency action has the same burden of production as\n“a plaintiff moving for summary judgment in the district court:\nit must support each element of its claim to standing ‘by\naffidavit or other evidence.’” ", "Sierra Club v. EPA, 292 F.3d 895,\n899 (D.C. Cir. ", "2002) (quoting Lujan, 504 U.S. at 561).", "\nPetitioners’ declarations do “support each element” of standing.", "\nBut supporting an allegation is one thing; proving an allegation\nis quite another. ", "Lujan holds that when a plaintiff’s standing is\nchallenged in a motion for summary judgment, the plaintiff\n“must ‘set forth’ by affidavit or other evidence ‘specific facts,’\nFed. ", "Rule Civ. ", "Proc. ", "56(e), which for purposes of the summary\njudgment motion will be taken as true.” ", "504 U.S. at 561. ", "If we\nwere to analogize the situation here to one in which EPA filed\nsuch a summary judgment motion, we would conclude that\npetitioners had submitted enough evidence raising genuine\nissues of material fact to defeat the motion. ", "See FED. ", "R. CIV. ", "P.\n56©. ", "But Lujan goes on to hold that at “the final stage” the\nevidence plaintiff presented at summary judgment “(if\ncontroverted) must be ‘supported adequately by the evidence\nadduced at trial.’” ", "504 U.S. at 561 (quoting Gladstone, Realtors\nv. Village of Bellwood, 441 U.S. 91, 115 n.31 (1979)). ", "One\nmight say that in this case we are at the “final stage.” ", "But the\nanalogy is not entirely apt. ", "As an appellate court we do not\nconduct evidentiary hearings in order to make findings of fact.", "\nThis is why, when Sierra Club spoke of “other evidence”\nrelating to standing, the court had in mind evidence presented to\n\f 9\n\nthe agency. ", "292 F.3d at 899. ", "Here, the administrative record\ncontains a wealth of such “other evidence,” and some of it\ncontradicts petitioners’ claim that greenhouse gas emissions\nfrom new motor vehicles have caused or will cause a significant\nchange in the global climate. ", "That is partly why EPA decided\nnot to regulate at this time.", "\n\n Steel Co. v. Citizens for a Better Environment, 523 U.S. 83\n(1998), instructs federal courts to resolve Article III standing\nquestions before proceeding to the merits of a case. ", "The\ncombination of Lujan, Steel Co., and the factual overlap of the\nstanding issues with EPA’s justifications for not regulating\ngreenhouse gases present us with three options. ", "The first is to\nrefer the standing issues to a special master for a factual\ndetermination. ", "This would be, as one commentator has\nsuggested, “folly.” ", "13A CHARLES A. WRIGHT ET AL., ", "FEDERAL\nPRACTICE AND PROCEDURE 2D § 3531.15, at 101 (1984). ", "Such\na proceeding would largely duplicate the proceedings on the\nrulemaking petition and to no good end. ", "Another option would\nbe to remand to EPA for a factual determination of causation\nand redressability. ", "That too would make no sense. ", "For one\nthing, judgments about standing are the responsibility of the\nfederal courts. ", "For another, EPA has already reached a decision\nabout the state of the evidence regarding global warming from\ngreenhouse gases. ", "The third option is to proceed to the merits\nwith respect to EPA’s alternative decision not to regulate on the\ngrounds, among others, that the effect of greenhouse gases on\nclimate is unclear and that models used to predict climate\nchange might not be accurate.", "\n\n We have decided to follow the third course. ", "Steel Co.\nendorses this approach with respect to questions of statutory\nstanding. ", "The Court explained that “the merits inquiry and the\nstatutory standing inquiry often overlap” and “are sometimes\nidentical, so that it would be exceedingly artificial to draw a\n\f 10\n\ndistinction between the two.” ", "523 U.S. at 97 n.2. ", "The Court’s\ndistinction of Article III standing cases rested on the premise\nthat there would be no such overlap and that the issue of Article\nIII standing would be entirely separate from the merits. ", "Id. The\nCourt did not say what the proper order of decision should be\nwhen, as in this case, that premise does not hold. ", "In this highly\nunusual circumstance -- encountered for the first time in this\ncourt -- we will follow the statutory standing cases. ", "We will\ntherefore assume arguendo that EPA has statutory authority to\nregulate greenhouse gases from new motor vehicles.1 The\nquestion we address is whether EPA properly declined to\nexercise that authority.", "\n\n II.", "\n\n Greenhouse gases trap energy, much like the glass panels of\na greenhouse. ", "The earth’s surface is warmed by absorbing solar\nenergy (visible light). ", "The earth, in turn, radiates infrared energy\n(heat) back into space. ", "A portion of the infrared radiation is\ntrapped by greenhouse gas molecules, resulting in additional\nwarming of the lower atmosphere and the earth’s surface. ", "This\n“greenhouse effect” is a natural phenomenon, without which the\nplanet would be significantly colder and life as we know it\nwould not be possible. ", "EPA, Global Warming -- Climate, at\nhttp://yosemite.epa.gov/oar/globalwarming.nsf/content/climat\ne.html.", "\n\n\n\n 1\n Relying on FDA v. Brown & Williamson Tobacco Corp., 529\nU.S. 120 (2000), EPA concluded that in light of the enormous\neconomic and political consequences of regulating greenhouse gas\nemissions, Congress would have been far more specific if it had\nintended to authorize EPA to regulate the subject under § 202(a)(1) of\nthe Clean Air Act. ", "58 Fed. ", "Reg. ", "at 52,928. ", "We express no view on\nthe validity of EPA’s analysis.", "\n\f 11\n\n Petitioners sought to have EPA regulate, under § 202(a)(1)\nof the Clean Air Act, carbon dioxide (CO2), and three other\ngreenhouse gases: methane (CH4), nitrous oxide (N2O), and\nhydrofluorocarbons (HFCs).2 In response to EPA’s request for\npublic comments on the 1999 petition for rulemaking, the\nagency received nearly 50,000 submissions. ", "68 Fed. ", "Reg. ", "at\n52,924. ", "Most were short expressions of support for the petition;\nmany were nearly identical. ", "Id. The comment period closed in\nMay 2001. ", "In the same month, the White House requested the\nNational Academy of Sciences to assist the Administration in its\nreview of climate change policy. ", "The Academy “is a private,\nnonprofit, self-perpetuating society of distinguished scholars\nengaged in scientific and engineering research . . . .” ", "NATIONAL\nRESEARCH COUNCIL, CLIMATE CHANGE SCIENCE: AN ANALYSIS\nOF SOME OF THE KEY QUESTIONS, preface (2001). ", "Under its\ncongressional charter, issued in 1863, the Academy has a\nmandate to advise the federal government on scientific and\ntechnical matters when requested. ", "The Academy’s principal\noperating agency for providing such advice is its National\nResearch Council. ", "Id.\n\n In denying the rulemaking petition, EPA found that the\nscientific comments petitioners and others submitted rested on\ninformation already in the public domain and did not add\nsignificantly to the body of knowledge available to the National\nResearch Council when it prepared the report cited above. ", "Since\nnone of the comments caused EPA to question the Council’s\nreport, EPA decided to rely on the Council’s “objective and\nindependent assessment of the relevant science.” ", "68 Fed. ", "Reg.", "\nat 52,930.", "\n\n\n\n\n 2\n The rulemaking request and the papers submitted to this\ncourt focus on the effects of CO2.", "\n\f 12\n\n The National Research Council concluded that “a causal\nlinkage” between greenhouse gas emissions and global warming\n“cannot be unequivocally established.” ", "NATIONAL RESEARCH\nCOUNCIL, CLIMATE CHANGE SCIENCE, at 17. ", "The earth\nregularly experiences climate cycles of global cooling, such as\nan ice age, followed by periods of global warming. ", "Id. at 7.", "\nGlobal temperatures have risen since the industrial revolution,\nas have atmospheric levels of carbon dioxide. ", "But an increase\nin carbon dioxide levels is not always accompanied by a\ncorresponding rise in global temperatures. ", "For example,\nalthough carbon dioxide levels increased steadily during the\ntwentieth century, global temperatures decreased between 1946\nand 1975. ", "Id. at 16. ", "Considering this and other data, the\nNational Research Council concluded that “there is considerable\nuncertainty in current understanding of how the climate system\nvaries naturally and reacts to emissions of greenhouse gases.”", "\nId. at 1. ", "This uncertainty is compounded by the possibility for\nerror inherent in the assumptions necessary to predict future\nclimate change.3 And, as the National Research Council noted,\n\n\n 3\n “As the NRC explained, predicting future climate change\nnecessarily involves a complex web of economic and physical factors\nincluding: Our ability to predict future global anthropogenic emissions\nof GHGs and aerosols; the fate of these emissions once they enter the\natmosphere (e.g., what percentage are absorbed by vegetation or are\ntaken up by the oceans); the impact of those emissions that remain in\nthe atmosphere on the radiative properties of the atmosphere; changes\nin critically important climate feedbacks (e.g., changes in cloud cover\nand ocean circulation); changes in temperature characteristics (e.g.,\naverage temperatures, shifts in daytime and evening temperatures);\nchanges in other climatic parameters (e.g., shifts in precipitation,\nstorms); and ultimately the impact of such changes on human health\nand welfare (e.g., increases or decreases in agricultural productivity,\nhuman health impacts). ", "The NRC noted, in particular, that ‘[t]he\nunderstanding of the relationships between weather/climate and\nhuman health is in its infancy and therefore the health consequences\n\f 13\n\npast assumptions about effects of future greenhouse gas\nemissions have proven to be erroneously high. ", "Id. at 19.", "\n\n Relying on Ethyl Corp. v. EPA, 541 F.2d 1 (D.C. Cir. ", "1976)\n(en banc), petitioners challenge EPA’s decision to forego\nrulemaking “[u]ntil more is understood about the causes, extent\nand significance of climate change and the potential options for\naddressing it.” ", "68 Fed. ", "Reg. ", "at 52,931. ", "In our view Ethyl\nsupports EPA, not petitioners. ", "Section 202(a)(1) directs the\nAdministrator to regulate emissions that “in his judgment” “may\nreasonably be anticipated to endanger public health or welfare.”", "\nSection 202(a)(1) was not at issue in Ethyl; the court mentioned\nan earlier version of that provision, in a footnote, only by way\nof analogy. ", "541 F.2d at 20 n.37. ", "But what the court had to say\nabout § 202(a)(1) is instructive. ", "In requiring the EPA\nAdministrator to make a threshold “judgment” about whether to\nregulate, § 202(a)(1) gives the Administrator considerable\ndiscretion. ", "Id. Congress does not require the Administrator to\nexercise his discretion solely on the basis of his assessment of\nscientific evidence. ", "Id. at 20. ", "What the Ethyl court called\n“policy judgments” also may be taken into account. ", "By this the\ncourt meant the sort of policy judgments Congress makes when\nit decides whether to enact legislation regulating a particular\narea. ", "Id. at 26.", "\n\n The EPA Administrator’s analysis, although it did not\nmention Ethyl, is entirely consistent with the case. ", "In addition\nto the scientific uncertainty about the causal effects of\n\n\nof climate change are poorly understood’ (p. 20). ", "Substantial scientific\nuncertainties limit our ability to assess each of these factors and to\nseparate out those changes resulting from natural variability from\nthose that are directly the result of increases in anthropogenic GHGs.”", "\n68 Fed. ", "Reg. ", "at 52,930.", "\n\f 14\n\ngreenhouse gases on the future climate of the earth, the\nAdministrator relied upon many “policy” considerations that, in\nhis judgment, warranted regulatory forbearance at this time. ", "68\nFed. ", "Reg. ", "at 52,929. ", "New motor vehicles are but one of many\nsources of greenhouse gas emissions; promulgating regulations\nunder § 202 would “result in an inefficient, piecemeal approach\nto the climate change issue.” ", "68 Fed. ", "Reg. ", "at 52,931. ", "The\nAdministrator expressed concern that unilateral regulation of\nU.S. motor vehicle emissions could weaken efforts to persuade\ndeveloping countries to reduce the intensity of greenhouse gases\nthrown off by their economies. ", "Id. Ongoing research into\nscientific uncertainties and the Administration’s programs to\naddress climate change -- including voluntary emission\nreduction programs and initiatives with private entities to\ndevelop new technology -- also played a role in the\nAdministrator’s decision not to regulate. ", "68 Fed. ", "Reg. ", "at\n52,931-33. ", "The Administrator pointed to efforts to promote\n“fuel cell and hybrid vehicles” and ongoing efforts to develop\n“hydrogen as a primary fuel for cars and trucks.” ", "68 Fed. ", "Reg.", "\nat 52,931. ", "The Administrator also addressed the matter of\nremedies. ", "Petitioners offered two ways to reduce CO2 from new\nmotor vehicles: reduce gasoline consumption and improve tire\nperformance. ", "As to the first, the Department of Transportation\n-- the agency in charge of fuel efficiency standards -- recently\nissued new standards requiring greater fuel economy, as a result\nof which millions of metric tons of CO2 will never reach the\nstratosphere. ", "Id. As to tire efficiency, EPA doubted its\nauthority to regulate this subject as an “emission” of an air\npollutant. ", "Id. “With respect to the other [greenhouse gases] --\nCH4, N2O, and HFCs -- petitioners make no suggestion as to\nhow those emissions might be reduced from motor vehicles.”", "\nId.\n\n It is therefore not accurate to say, as petitioners do, that the\nEPA Administrator’s refusal to regulate rested entirely on\n\f 15\n\nscientific uncertainty, or that EPA’s decision represented an\n“open-ended invocation of scientific uncertainty to justify\nrefusing to regulate,” Brief for Petitioners at 51. ", " A\n“determination of endangerment to public health,” the court said\nin Ethyl, “is necessarily a question of policy that is to be based\non an assessment of risks and that should not be bound by either\nthe procedural or the substantive rigor proper for questions of\nfact.” ", "Ethyl, 541 F.2d at 24. ", "And as we have held, a reviewing\ncourt “will uphold agency conclusions based on policy\njudgments” “when an agency must resolve issues ‘on the\nfrontiers of scientific knowledge.’” ", "Envtl. ", "Def. ", "Fund v. EPA,\n598 F.2d 62, 82 (D.C. Cir. ", "1978).", "\n\n We thus hold that the EPA Administrator properly\nexercised his discretion under § 202(a)(1) in denying the petition\nfor rulemaking. ", "The petitions for review in Nos. ", "03-1365, 03-\n1366, 03-1367, and 03-1368 are dismissed, and the petitions for\nreview in Nos. ", "03-1361, 03-1362, 03-1363, and 03-1364 are\ndenied.", "\n\n So ordered.", "\n\f SENTELLE, Circuit Judge, dissenting in part and concurring\nin the judgment: As the majority’s opinion observes, courts of\nthe United States must resolve jurisdictional questions, including\n“Article III standing questions, before proceeding to the merits\nof a case.” ", "Opinion of Judge Randolph at 9 (citing Steel Co. v.\nCitizens for a Better Environment, 523 U.S. 83 (1998)). ", "As the\nmajority further observes, “[s]tanding exists only if the\ncomplainant has suffered an injury in fact, fairly traceable to the\nchallenged action, and likely to be redressed by a favorable\ndecision.” ", "Id. at 6-7 (citing Lujan v. Defenders of Wildlife, 504\nU.S. 555, 560 (1992)). ", "EPA argues “that petitioners have not\n‘adequately demonstrated’ two elements of standing: that their\nalleged injuries were ‘caused by EPA’s decision not to regulate\nemissions of greenhouse gases from mobile sources’; and that\ntheir injuries ‘can be redressed by a decision in their favor’ by\nthis court.” ", "Id. at 7 (quoting Brief for Respondent at 16). ", "While\nI respect the majority’s thorough and accurate history of the\nprecedents on the standing question, after consulting the same\nauthorities I have come to a different conclusion. ", "I conclude\nthat EPA is correct in its assertion that the petitioners have not\ndemonstrated the element of injury necessary to establish\nstanding under Article III.", "\n\n I. Injury\n\n As the Supreme Court has stated quite directly and\nsuccinctly:\n\n It is an established principle that to entitle a private\n individual to invoke the judicial power to determine the\n validity of executive or legislative action he must show that\n he has sustained or is immediately in danger of sustaining\n a direct injury as the result of that action and it is not\n sufficient that he has merely a general interest common to\n all members of the public.", "\n\f 2\n\nEx Parte Levitt, 302 U.S. 633 (1937) (citing Tyler v. Judges, 179\nU.S. 405, 406 (1900); Southern Ry. ", "Co. v. King, 217 U.S. 524,\n534 (1910); Newman v. Frizzell, 238 U.S. 537, 549, 550 (1915);\nFairchild v. Hughes, 258 U.S. 126, 129 (1922); Massachusetts\nv. Mellon, 262 U.S. 447, 488) (1923)).", "\n\n Thus, the courts “have consistently held that a plaintiff\nraising only a generally available grievance about government\n– claiming only harm to his and every citizen’s interest in proper\napplication of the Constitution and laws, and seeking relief that\nno more directly and tangibly benefits him than it does the\npublic at large – does not state an Article III case or\ncontroversy.” ", "Lujan, 504 U.S. at 573. ", "Or, as the Supreme Court\nhas also put it, to establish Article III standing a “plaintiff must\nhave suffered an ‘injury in fact’– an invasion of a legally\nprotected interest which is (a) concrete and particularized . . .", "\nand (b) actual or imminent, not conjectural or hypothetical.” ", "Id.\nat 560 (emphasis added; citations and internal quotation marks\nomitted). ", "Most tellingly, the Supreme Court has specifically\ndeclared that “[b]y particularized, we mean that the injury must\naffect the plaintiff in a personal and individual way.” ", "Id. at n.1.", "\nIn the case before us, that is what the petitioners have not\nestablished. ", "After plowing through their reams of affidavits and\narguments, I am left with the unshaken conviction that they have\nalleged and shown no harm particularized to themselves. ", "As we\nhave observed in the context of determining standing even in a\nprocedural case, in which the standards are perhaps more\nrelaxed than in other cases, “in order to show that the interest\nasserted is more than a mere ‘general interest . . . ", "common to all\nmembers of the public,’ the plaintiffs must show that the\ngovernment act . . . ", "will cause a distinct risk to a particularized\ninterest of the plaintiff.” ", "Florida Audubon Soc’y v. Bentsen, 94\nF.3d 658, 664 (D.C. Cir. ", "1996).", "\n\f 3\n\n Petitioners’ allegations and affidavits, and petitioners’\nargument and briefs, are all well made and sincere.", "\nNonetheless, even in the light most favorable to the petitioners,\nin the end they come down to this: Emission of certain gases that\nthe EPA is not regulating may cause an increase in the\ntemperature of the earth – a phenomenon known as “global\nwarming.” ", "This is harmful to humanity at large. ", "Petitioners are\nor represent segments of humanity at large. ", "This would appear\nto me to be neither more nor less than the sort of general harm\neschewed as insufficient to make out an Article III controversy\nby the Supreme Court and lower courts.", "\n\n The courts under Article III stand ready to adjudicate and\nredress the particularized injuries of plaintiffs, when all other\nelements of jurisdiction are present. ", "But “when the plaintiff is\nnot himself the object of the government action or inaction he\nchallenges, [although] standing is not precluded, . . . ", "it is\nordinarily ‘substantially more difficult’ to establish.” ", "Lujan,\n504 U.S. at 562 (citations omitted). ", "This time, in my view, it is\nnot only difficult, it is impossible. ", "The generalized public good\nthat petitioners seek is the thing of legislatures and presidents,\nnot of courts. ", "As we stated in another environmental case, to\nascertain standing courts must ask the question, did the\n“underlying governmental act [or inaction] demonstrably\nincrease[] some specific risk of environmental harm to the\ninterest of the plaintiff”? ", "Florida Audubon Soc’y, 94 F.3d at 667\n(emphasis in original). ", "Here, as in Florida Audubon, the alleged\nharm is not particularized, not specific, and in my view, not\njusticiable.", "\n\n Therefore, I would reject and dismiss all the petitions before\nus. ", "This is not to say that petitioners’ complaints are wrong.", "\nThis is not to say they are without redress. ", "This is to say only\nthat the question is not justiciable in its present form with its\npresent champions in the present forum. ", "A case such as this, in\n\f 4\n\nwhich plaintiffs lack particularized injury is particularly\nrecommended to the Executive Branch and the Congress.", "\nBecause plaintiffs’ claimed injury is common to all members of\nthe public, the decision whether or not to regulate is a policy call\nrequiring a weighing of costs against the likelihood of success,\nbest made by the democratic branches taking into account the\ninterests of the public at large. ", "There are two other branches of\ngovernment. ", "It is to those other branches that the petitioners\nshould repair.", "\n\n II. ", "Concurrence in the Judgment\n\n My conclusion leaves a slight problem. ", "No problem exists\nas to the petitions for review of nonfinal action which Judge\nRandolph’s opinion orders dismissed. ", "I would dismiss those as\nwell, on either his ground or mine. ", "The problem vexes only as\nto petitions for review in Nos. ", "03-1361, 03-1362, 03-1363, and\n03-1364, which Judge Randolph would deny and Judge Tatel\nwould grant. ", "I would dismiss those as well, as I would hold that\nwe have no jurisdiction to either deny or grant them. ", "How then\nare we to reach a judgment?", "\n\n The Supreme Court has suggested a way, or at least Justices\nof the Supreme Court have. ", "Most recently, in Hamdi v.\nRumsfeld, 124 S. Ct. ", "2633 (2004), Justice Souter, joined by\nJustice Ginsburg, differed from the plurality in a fragmented\nopinion adjudicating the due process rights of alleged enemy\ncombatants held at Guantanamo Bay by the United States\nmilitary. ", "Justices Souter and Ginsburg would have vacated the\njudgment of the Court of Appeals and remanded for proceedings\nconsistent with their view that the government had failed to\njustify holding the petitioner. ", "However, because that view did\nnot command a majority of the court, and because of “the need\nto give practical effect to the conclusion of [a majority] of the\ncourt rejecting the government’s position,” Justice Souter\n\f 5\n\n(joined by Justice Ginsburg) joined with the plurality “in\nordering a remand on terms closest to those I would impose.”", "\n124 S. Ct. ", "at 2660 (Souter, J., concurring). ", "I will take a similar\ncourse here.", "\n\n The majority today holds that we have jurisdiction to render\njudgment on four of the petitions before us. ", "Although I\ndisagree, I will accept the decision of the majority as dictating\nthe law of this case. ", "Having so accepted the law of the case, I\nwill then join Judge Randolph in the issuance of a judgment\nclosest to that which I myself would issue. ", " With that\nexplanation, I join in the decision to order denying the four\npetitions from final action of the Environmental Protection\nAgency.", "\n\f TATEL, Circuit Judge, dissenting in Nos. ", "03-1361, 03-1362,\n03-1363, and 03-1364: Petitioners claim that motor vehicle\nemissions of greenhouse gases contribute to global warming and\nthat global warming in turn is causing a host of serious\nproblems, likely including increased flash flood potential in the\nAppalachians, degraded water quality and reduced water supply\nin the Great Lakes, sea-ice melting and permafrost thawing in\nAlaska, reduced summer snow-pack runoff in the Rockies,\nextreme water resource fluctuations in Hawaii, and rising sea\nlevels combined with higher storm surges along the coasts of\nPuerto Rico, the Virgin Islands, and some eastern states. ", "See\nPet’rs Br. ", "at 8-10 (summarizing U.S. Dep’t of State, U.S.\nClimate Action Report 2002, at 110). ", "Concerned about such\nproblems, petitioners asked EPA to regulate these emissions\nunder Clean Air Act section 202(a)(1), which provides: “The\nAdministrator shall by regulation prescribe . . . ", "standards\napplicable to the emission of any air pollutant from . . . ", "new\nmotor vehicles . . . ", "which in his judgment cause, or contribute to,\nair pollution which may reasonably be anticipated to endanger\npublic health or welfare.” ", "42 U.S.C. § 7521(a)(1). ", "EPA denied\nthe petition on two grounds—that it lacked statutory authority to\nregulate such emissions and that even given such authority it\nwould not exercise it—and petitioners sought review in this\ncourt.", "\n My colleagues agree that the petitions for review should not\nbe granted, but they do so for quite different reasons. ", "Judge\nSentelle thinks that petitioners lack standing and would dismiss\nthe petitions for that reason. ", "Judge Randolph does not resolve\nwhether petitioners have standing and would deny the petitions\nbased on one of EPA’s two given reasons.", "\n I have yet a different view. ", "Unlike Judge Sentelle, I think\nat least one petitioner has standing, as I explain in Part II.", "\nUnlike Judge Randolph, I think EPA’s order cannot be sustained\non the merits. ", "EPA’s first given reason—that it lacks statutory\n\f 2\n\nauthority to regulate emissions based on their contribution to\nwelfare-endangering climate change, 68 Fed. ", "Reg. ", "52,922,\n52,925-29 (Sept. 8, 2003)—fails, as I explain in Part III, because\nthe statute clearly gives EPA authority to regulate “any air\npollutant” that may endanger welfare, 42 U.S.C. § 7521(a)(1),\nwith “air pollutant” defined elsewhere in the statute as\n“including any physical, chemical, biological, radioactive . . .", "\nsubstance or matter which is emitted into or otherwise enters the\nambient air,” id. § 7602(g). ", "EPA’s second given reason—the\none accepted by Judge Randolph—is that even if it has statutory\nauthority, it nonetheless “believes” that “it is inappropriate to\nregulate [greenhouse gas] emissions from motor vehicles” due\nto various policy reasons. ", "As I explain in Part IV, however,\nnone of these policy reasons relates to the statutory\nstandard—“cause, or contribute to, air pollution which may\nreasonably be anticipated to endanger public health or welfare,”\nid. § 7521(a)(1)—and the Clean Air Act gives the Administrator\nno discretion to withhold regulation for such reasons.", "\n In short, EPA has failed to offer a lawful explanation for its\ndecision. ", "I would accordingly grant the petitions for review and\nsend the matter back to EPA either to make an endangerment\nfinding or to come up with a reasoned basis for refusing to do so\nin light of the statutory standard.", "\n\n I.\n “Greenhouse gases are accumulating in Earth’s atmosphere\nas a result of human activities, causing surface air temperatures\nand subsurface ocean temperatures to rise.” ", "So begins page one\nof the National Research Council’s 2001 report, Climate Change\nScience: An Analysis of Some of the Key Questions (“NRC\nReport”), the scientific document EPA “rel[ied]” on in denying\nthe petition for rulemaking, see 68 Fed. ", "Reg. ", "at 52,930.", "\n As the NRC Report explains, greenhouse gases (GHGs) trap\nheat radiated from earth, and their atmospheric concentrations\n\f 3\n\nare increasing “as a result of human activities.” ", "NRC Rep. at 1,\n9. ", "For example, “[h]uman activities . . . ", "responsible for the\nincrease” in atmospheric concentrations of carbon dioxide\n(CO2)—the chief GHG—include “[t]he primary source, fossil\nfuel burning,” as well as “[t]ropical deforestation.” ", "Id. at 2; see\nalso id. at 10, 12. ", "The resulting increases are striking. ", "In the\n400,000 years prior to the Industrial Revolution, atmospheric\nCO2 concentrations “typically ranged between 190” parts per\nmillion by volume (ppmv) “during the ice ages to near 280\nppmv during the warmer ‘interglacial’ periods.” ", "Id. at 11. ", "By\n1958, atmospheric concentrations were 315 ppmv (12.5% above\nthe pre-Industrial-Revolution high of 280 ppmv), and by 2000\nthey had risen to 370 ppmv (17% above the 1958 level). ", "Id. at\n10. ", "Similarly, prior to the Industrial Revolution, atmospheric\nconcentrations of methane (CH4), another GHG, ranged from .3\nppmv to .7 ppmv; now, “current values are around 1.77 ppmv.”", "\nId. at 11. ", "Atmospheric concentrations of other GHGs like\nnitrous oxide (N2O) have also risen. ", "Id. at 2. ", "Notably, GHGs\nnot only disperse throughout the lower atmosphere, but also\nlinger there at length: “Reductions in the atmospheric\nconcentrations of these gases following possible lowered\nemissions rates in the future will stretch out over decades for\nmethane, and centuries and longer for carbon dioxide and\nnitrous oxide.” ", "Id. at 10.", "\n Increased GHG atmospheric concentrations are causing\n“climate forcings”—“imposed perturbation[s] of Earth’s energy\nbalance” measured in terms of units of watts per square meter\n(W/m2). ", "Id. at 6. ", "Drawing from another report—an\nIntergovernmental Panel on Climate Change (IPCC) report with\nwhich the NRC “generally agrees,” id. at 1—the NRC Report\nquantifies these climate forcings. ", "CO2, “probably the most\nimportant climate forcing agent today,” has “caus[ed] an\nincreased forcing of about 1.4 W/m2” between 1750 and 2000.", "\nId. at 12, 13. ", "More lies ahead:\n\f 4\n\n CO2 climate forcing is likely to become more dominant in\n the future as fossil fuel use continues. ", "If fossil fuels\n continue to be used at the current rate, the added CO2\n forcing in 50 years will be about 1 W/m2. ", "If fossil fuel use\n increases by 1-1.5% per year for 50 years, the added CO2\n forcing instead will be about 2 W/m2.", "\nId. at 12-13. ", "Thus, by 2050, the total CO2 forcing since 1750\ncould be from 2.4-3.4 W/m2. ", "The other GHGs “together cause\na climate forcing approximately equal to that of CO2,” or more\nif one includes certain indirect effects of increased CH4\nemissions. ", "Id. at 13. ", "While atmospheric GHG increases are not\nthe only causes of climate forcings—for example, changes in\nsolar irradiance and in concentrations of tropospheric ozone also\nappear to have caused climate forcings, and atmospheric\nconcentration changes in aerosols like sulphates appear to have\ncaused negative (cooling) climate forcings—all other forcings\nare less certain and appear less substantial than those caused by\nGHGs. ", "See id.\n The extent to which these forcings affect average global\ntemperatures depends on the climate’s sensitivity, a condition\nthat is not precisely known. ", "Id. at 7. “", "Well-documented climate\nchanges . . . ", "imply that the climate sensitivity is near . . . ", "3ºC”\n(5.4ºF) for a 4 W/m2 forcing—a number a bit above the total\nCO2 forcing predicted by 2050—“but with a range from 1.5ºC\nto 4.5ºC (2.7 to 8.1ºF).” ", "Id.\n Turning to the practical effects of GHG climate forcings,\nthe NRC Report observes that a “diverse array of evidence\npoints to a warming of global surface temperatures.” ", "Id. at 16.", "\nThough the “rate of warming has not been uniform,”\nmeasurements “indicate that global mean surface air temperature\nwarmed by about .4-.8ºC (.7-1.5ºF) during the 20th century.” ", "Id.\nThe report notes that “[t]he Northern Hemisphere as a whole\nexperienced a slight cooling from 1946-75,”—a statement Judge\nRandolph erroneously reads for the proposition that “global\n\f 5\n\ntemperatures decreased between 1946 and 1975,” op. ", "of\nRandolph, J., at 12 (emphasis added)—possibly due to the\nwidespread burning of high sulfur coal and resultant sulfate\nemissions or to changes in ocean circulation in the Atlantic.", "\nNRC Rep. at 16. ", "The report also observes that, as the IPCC\nreport points out, the “warming of the Northern Hemisphere\nduring the 20th century is likely to have been the largest of any\ncentury in the past thousand years.” ", "Id.\n In evaluating the relationship between GHG atmospheric\nincreases and twentieth-century temperature increases, the NRC\nReport states that due to the\n large and still uncertain level of natural variability inherent\n in the climate record and the uncertainties in the time\n histories of various forcing agents (and particularly\n aerosols), a causal linkage between the buildup of\n greenhouse gases in the atmosphere and the observed\n climate changes during the 20th century cannot be\n unequivocally established.", "\nId. at 17. ", " Although Judge Randolph seizes on this\nuncertainty—and portrays it as applying to global warming\ngenerally rather than to twentieth-century warming, see op. ", "of\nRandolph, J., at 11—read in context, it appears little more than\nan application of the principle that, as the NRC Report later puts\nit, “[c]onfidence limits and probabilistic information, with their\nbasis, should always be considered as an integral part of the\ninformation that climate scientists provide to policy and decision\nmakers,” NRC Rep. at 22. ", "Indeed, the NRC Report goes on to\nstate that the “fact that the magnitude of the observed warming\nis large compared to natural variability as simulated in climate\nmodels is suggestive of such a linkage” between GHG\natmospheric concentration increases and twentieth-century\ntemperature increases, though not “proof” of it. ", "Id. at 17.", "\n The NRC Report further suggests that uncertainties about\n\f 6\n\nfuture warming relate chiefly to its scope.", "\n Climate change simulations for the period of 1990 to 2100\n based on IPCC emissions scenarios yield a globally-\n averaged surface temperature increase by the end of the\n century of 1.4 to 5.8ºC (2.5 to 10.4ºF) relative to 1990. ", "The\n wide range of uncertainty in these estimates reflects both\n the different assumptions about future concentrations of\n greenhouse gases and aerosols in the various scenarios\n considered by the IPCC and the differing climate\n sensitivities of the various climate models used in the\n simulations. ", "The range of climate sensitivities implied by\n these predictions is generally consistent with previously\n reported values.", "\nId. at 3. ", "These numbers, of course, are averages: the “predicted\nwarming is higher over higher latitudes than low latitudes,\nespecially during winter and spring, and larger over land than\nover sea.” ", "Id.\n With this warming will come secondary effects. ", "Predicted\nimpacts in the United States include increased likelihood of\ndrought, greater heat stress in urban areas, rising sea levels, and\ndisruption to many U.S. ecosystems. ", "Id. at 19-20. ", "The\nlikelihood and scope of these impacts vary depending on the\nmagnitude of future temperature increases. ", "See id.; see also id.\nat 4. ", "Because the “predicted temperature increase is sensitive to\nassumptions concerning future concentrations of greenhouse\ngases and aerosols,” which in turn depend on future emissions,\n“national policy decisions made now and in the longer-term\nfuture will influence the extent of any damage suffered by\nvulnerable human populations and ecosystems later in this\ncentury.” ", "Id. at 1.", "\n\f 7\n\n II.", "\n EPA claims petitioners lack standing to bring this case. ", "To\nreach the merits, however, we need determine only that one\npetitioner has standing. ", "See, e.g., Nuclear Energy Inst., ", "Inc. v.\nEPA, 373 F.3d 1251, 1266 (D.C. Cir. ", "2004). ", "In my view,\ndeclarations submitted by petitioners clearly establish that the\nCommonwealth of Massachusetts has satisfied each element of\nArticle III standing—injury, causation, and redressability, see,\ne.g., Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61\n(1992).", "\n Among other things, Massachusetts claims injury—the\n“substantial probability that local conditions will be adversely\naffected,” Sierra Club v. EPA, 292 F.3d 895, 898 (D.C. Cir.", "\n2002) (internal quotation marks omitted)—resulting from rising\nsea levels. ", "The declaration of Paul Kirshen, a professor at Tufts\nUniversity’s Civil and Environmental Engineering Department,\ndetails how projected rises in sea levels in the metropolitan\nBoston area would lead both to permanent loss of coastal land\nand to “more frequent and severe storm surge flooding events\nalong the coast.” ", "Kirshen Decl. ¶¶ ", "7-8; see also Jacqz Decl. ¶¶", "\n8-11. “[", "I]f sea level rises .3 meters (11.8 inches)—which is near\nthe lower end of the likely range—that would mean the future\n10-year flood surge elevation would be at the level of the current\n100-year flood elevation and the future 100-year flood surge\nelevation would be at that of the current 500-year flood\nelevation.” ", "Kirshen Decl. ¶ ", "10. ", "As other declarations make\nclear, such changes would lead to serious loss of and damage to\nMassachusetts’s coastal property. ", "See Hoogeboom Decl. ¶¶ ", "6-7;\nJacqz Decl. ¶ ", "11.", "\n Given these declarations, I disagree that no petitioner\nsuffers “harm particularized to” itself. ", "See op. ", "of Sentelle, J., at\n2. ", " The Commonwealth of Massachusetts claims an\ninjury—namely, loss of land within its sovereign\nboundaries—that “affects [it] in a personal and individual way,”\n\f 8\n\nLujan, 504 U.S. at 560 n.1. ", "This loss (along with increased\nflood damage to the Massachusetts coast) undeniably harms the\nCommonwealth in a way that it harms no other state. ", "Other\nstates may face their own particular problems stemming from\nthe same global warming—Maine may suffer from loss of\nMaine coastal land and New Mexico may suffer from reduced\nwater supply—but these problems are different from the injuries\nMassachusetts faces. ", "Massachusetts’s harm is thus a far cry\nfrom the kind of generalized harm that the Supreme Court has\nfound inadequate to support Article III standing, i.e., “harm to\n[its] and every citizen’s interest in proper application of the\nConstitution and laws,” or put another way “relief that no more\ndirectly and tangibly benefits [it] than it does the public at\nlarge,” id. at 573-74.", "\n As to causation, the declaration of Michael MacCracken,\nthe senior scientist on global change at the Office of the U.S.\nGlobal Change Research Program from 1993-2002, states that\nglobal warming is causing sea level increases like those in\nMassachusetts. “[", "T]he warming of the oceans and the increased\nmelting of many mountain glaciers around the world . . . ", "were\nthe major contributions to the rise in global sea level by 10-20\ncm (4 to 8 inches) observed over the past century” and the\n“environmental impacts of projected global warming will\ninclude . . . ", "an increase in sea level at an average rate of about .5\nto 3.5 inches per decade, reaching 4-35 inches by the end of the\ncentury (with the most likely value being, in my expert opinion,\nnear or above the middle of this range).” ", "MacCracken Decl. ¶", "\n5(c)-(d); see also id. ¶ 23. ", "MacCracken further states that global\nwarming is chiefly triggered by human-caused GHG emissions,\nsee id. ¶¶ 5(a)-(b), 12-19, with “the U.S. transportation sector\n(mainly automobiles) . . . ", "responsible for about 7% of global\nfossil fuel emissions,” id. ¶ 31.", "\n Finally, as to redressability, MacCracken emphasizes that\n“[a]chievable reductions in emissions of CO2 and other [GHGs]\n\f 9\n\nfrom U.S. motor vehicles would . . . ", "delay and moderate many\nof the adverse impacts of global warming.” ", "Id. ¶5(e).", "\nElaborating, he states that “[g]iven the large emissions of CO2\nand other [GHGs] from motor vehicles in the United States and\nthe lead time needed to economically introduce changes into the\nmotor vehicle fleet, emission reductions must be initiated in the\nnear future in order to significantly reduce and delay the impacts\nof global warming.” ", "Id. ¶ 31. ", "Because the extent of damage to\nthe Massachusetts coastline depends on the magnitude of the\nrise in sea level, a reduction in this projected adverse\nconsequence of global warming would partially redress\nMassachusetts’s injury. ", "See Tozzi v. U.S. Dep’t of Health &\nHuman Servs., ", "271 F.3d 301, 310 (D.C. Cir. ", "2001) (holding that\na petitioner need only demonstrate it would receive “at least\nsome” relief to establish redressability). ", "Nowhere disputing this\nproposition, EPA instead claims that MacCracken’s conclusion\ndepends upon the assumption that other countries will follow the\nU.S. lead and regulate motor vehicle GHG emissions. ", "Even\nwere this reading of the declaration correct—a dubious premise\ngiven MacCracken’s unqualified language focusing on U.S.\nemissions reduction—the uncontested declaration of Michael\nWalsh, a consultant on motor vehicle pollution technology and\nat one point director of EPA’s motor vehicle pollution control\nefforts, provides a basis for concluding that other countries\nwould come to mandate technology developed in response to\nU.S. regulation. ", "Describing how in the past other countries have\ncome to require such technology, Walsh concludes that “[o]n the\nbasis of my experience with the control of other pollutants . . .", "\nI have no doubt that establishing emissions standards for\npollutants that contribute to global warming would lead to\ninvestment in developing improved technologies to reduce those\nemissions from motor vehicles, and that successful technologies\nwould gradually be mandated by other countries around the\nworld.” ", "Walsh Decl. ¶¶ ", "7-8, 10.", "\n Judge Randolph, accepting that the declarations “do\n\f 10\n\n‘support each element’ of standing,” nonetheless questions\nwhether this is enough. ", "See op. ", "of Randolph, J., at 8 (quoting\nSierra Club, 292 F.3d at 899). ", "Specifically, he believes we\nconfront a question left open in our Sierra Club decision. ", "In that\ncase, we held that “[t]he petitioner’s burden of production in the\ncourt of appeals is . . . ", "the same as that of a plaintiff moving for\nsummary judgment in the district court: it must support each\nelement of its claim to standing ‘by affidavit or other\nevidence.’” ", "292 F.3d at 899 (quoting Lujan, 504 U.S. at 561).", "\nBut we never explicitly addressed what happens if the agency\nsubmits evidence that contradicts that of petitioners. ", "Do we\nresolve factual disputes in petitioners’ favor, return the case to\nthe agency for fact-finding, send the matter to a special master,\nor pursue some other course of action?", "\n The issue is fascinating, but we need not confront it. ", "Given\nthat the burdens of production here are comparable to those at\nsummary judgment, see 292 F.3d at 899, if EPA wants to\nchallenge the facts petitioners have set forth in their affidavits,\nit has an obligation to respond to the petitioners by “citing any\nrecord evidence relevant to . . . ", "standing and, if necessary,\nappending to its filing additional affidavits or other evidence,”\nsee id. at 900-01. ", "EPA makes no such challenge.", "\n Indeed, if anything, the order under review appears to\nsupport petitioners’ standing. ", "While, drawing on the NRC\nReport, EPA observes that “there continue to be important\nuncertainties in our understanding of the factors that may affect\nfuture climate change,” 68 Fed. ", "Reg. ", "at 52,930, EPA never\ndenies the “substantial probability,” see Sierra Club, 292 F.3d\nat 898, that injurious global warming is occurring. ", "Quite to the\ncontrary, EPA “agree[s] with the President that ‘we must\naddress the issue of global climate change.’” ", "68 Fed. ", "Reg. ", "at\n52,929 (quoting presidential statement of Feb. 14, 2002). ", "As to\ncausation and redressability, the petition denial emphasizes that\n“EPA is also working to encourage voluntary GHG emission\n\f 11\n\nreductions from the transportation sector” and that “the\nAdministration’s global climate change policy includes\npromoting the development of fuel-efficient motor vehicles and\ntrucks, researching options for producing cleaner fuels, and\nimplementing programs to improve energy efficiency.” ", "Id. at\n52,932; see also NRC Rep. at 1 (noting that “national policy\ndecisions made now . . . ", "will influence the extent of any\ndamage” caused by global warming). ", "EPA would presumably\nnot bother with such efforts if it thought emissions reductions\nwould have no discernable impact on future global warming.", "\n Because EPA nowhere challenges petitioners’ declarations,\nI see no reason to consider what we would do if it had done so.", "\nThus, unlike Judge Randolph, I think it unnecessary to address\nwhether we can carve out exceptions to the Supreme Court’s\nseemingly unqualified holding that “a merits question cannot be\ngiven priority over an Article III question,” Steel Co. v. Citizens\nfor a Better Env’t, 523 U.S. 83, 97 n.2 (1998). ", "The\nCommonwealth of Massachusetts has adequately demonstrated\nits standing, and our jurisdiction is plain.", "\n\n III.", "\n As to the merits, the threshold question is this: does the\nClean Air Act authorize EPA to regulate emissions based on\ntheir effects on global climate? ", "Taking a constricted view, EPA\ninsists it has no authority to regulate GHG emissions even if\nthey contribute to substantial and harmful global warming. ", "By\ncontrast, petitioners claim that Congress has plainly given EPA\nthe authority it says it lacks.", "\n “If a court, employing traditional tools of statutory\nconstruction, ascertains that Congress had an intention on the\nprecise question at issue, that intention is the law and must be\ngiven effect.” ", "Chevron U.S.A., Inc. v. Natural Res. ", "Def.", "\nCouncil, Inc., 467 U.S. 837, 843 n.9 (1984). ", "The inquiry\n“begin[s], as always, with the plain language of the statute in\n\f 12\n\nquestion.” ", "Consumer Elecs. ", "Ass’n v. FCC, 347 F.3d 291, 297\n(D.C. Cir. ", "2003) (quoting Citizens Coal Council v. Norton, 330\nF.3d 478, 482 (D.C. Cir. ", "2003)). ", "CAA section 202(a)(1), added\nby Congress in 1965 and amended in 1970 and 1977, provides,\n The Administrator shall by regulation prescribe . . .", "\n standards applicable to the emission of any air pollutant\n from any class or classes of new motor vehicles or new\n motor vehicle engines which in his judgment cause, or\n contribute to, air pollution which may reasonably be\n anticipated to endanger public health or welfare.", "\n42 U.S.C. § 7521(a)(1). ", "This language plainly authorizes\nregulation of (1) any air pollutants emitted from motor vehicles\nthat (2) in the Administrator’s judgment cause, or contribute to,\nair pollution which may reasonably be anticipated to endanger\npublic health or welfare. ", "EPA’s claimed lack of authority\nrelates to the first of these two elements. ", "According to EPA,\nGHGs like CO2, CH4, N2O, and hydrofluorocarbons (HFCs) “are\nnot air pollutants.” ", "68 Fed. ", "Reg. ", "at 52,928.", "\n Congress, however, left EPA little discretion in determining\nwhat are “air pollutants.” ", "Added in 1970 and amended in 1977,\nCAA section 302(g) defines the term as follows:\n The term ‘air pollutant’ means any air pollution agent or\n combination of such agents, including any physical,\n chemical, biological, radioactive . . . ", "substance or matter\n which is emitted into or otherwise enters the ambient air.", "\n42 U.S.C. § 7602(g). ", "This exceedingly broad language plainly\ncovers GHGs emitted from motor vehicles: they are “physical\n[and] chemical . . . ", "substance[s] or matter . . . ", "emitted into . . .", "\nthe ambient air.” ", "Indeed, in one CAA provision, added in 1990,\nCongress explicitly included CO2 in a partial list of “air\npollutants.” ", "Section 103(g) instructs the Administrator to\nresearch “nonregulatory strategies and technologies for\npreventing or reducing multiple air pollutants, including sulfur\n\f 13\n\noxides, nitrogen oxides, heavy metals, PM-10 (particulate\nmatter), carbon monoxide, and carbon dioxide.” ", "Id. § 7403(g)\n(emphasis added). ", "Faced with such language, a court—as well\nas an agency—would normally end the analysis here and\nconclude that GHGs are “air pollutants,” since “[w]e ‘must\npresume that a legislature says in a statute what it means and\nmeans in a statute what it says . . . . ", "When the words of a statute\nare unambiguous . . . ", "this first canon is also the last: judicial\ninquiry is complete.’” ", "Teva Pharm. ", "Indus. ", "Ltd. v. Crawford,\n410 F.3d 51, 53 (D.C. Cir. ", "2005) (quoting Conn. Nat’l Bank v.\nGermain, 503 U.S. 249, 253-54 (1992)) (omissions in original).", "\n Unswayed by what it calls “narrow semantic analyses,”\nResp’t Br. ", "at 55—but what courts typically call Chevron step\none—EPA claims that a “more holistic analysis . . . [", "of] the text,\nstructure, and history of the CAA as a whole, as well as the\ncontext provided by other legislation that is specific to climate\nchange,” justifies its conclusion that it cannot regulate GHGs\nlike CO2 for their effects on climate change, id. at 25-26. ", "To\ndisregard the Act’s plain text in this way, EPA needs an\n“extraordinarily convincing justification.” ", "Appalachian Power\nCo. v. EPA, 249 F.3d 1032, 1041 (D.C. Cir. ", "2001). “", "For the\nEPA to avoid a literal interpretation at Chevron step one, it must\nshow either that, as a matter of historical fact, Congress did not\nmean what it appears to have said, or that, as a matter of logic\nand statutory structure, it almost surely could not have meant it.”", "\nEngine Mfrs. ", "Ass’n v. EPA, 88 F.3d 1075, 1089 (D.C. Cir.", "\n1996).", "\n EPA offers four reasons for abandoning the Act’s text.", "\nFirst, it suggests that since the 1965, 1970, and 1977 Congresses\nwere not specifically concerned with global warming, the Act\ncannot apply to GHGs. ", "Second, it claims that for both practical\nand policy reasons, global pollution should be tackled through\nspecific statutory provisions rather than general ones. ", "Third,\nrelying on FDA v. Brown & Williamson Tobacco Corp., 529\n\f 14\n\nU.S. 120 (2000), it argues that Congress’s passage of legislation\ncalling for study of climate change, along with Congress’s\nfailure to pass any provisions tailored solely to regulating\nGHGs, demonstrates that the CAA cannot apply to GHGs.", "\nFinally, EPA suggests that Congress couldn’t have intended the\ndefinition of “air pollutant” to cover CO2, since EPA regulation\nof CO2 emissions from automobiles would overlap with\nDepartment of Transportation (DOT) authority over fuel\neconomy standards under a different act. ", "None of these reasons\nprovides a convincing justification—let alone an\n“extraordinarily convincing” one—for EPA’s counter-textual\nposition.", "\n EPA first suggests that because the 1965, 1970, and 1977\nCongresses showed little concern about the specific problem of\nglobal warming, reading the CAA’s language to cover such\nproblems would be like finding “an elephant in a mousehole.”", "\nTr. ", "of Oral Arg. ", "at 32; see also Resp’t Br. ", "at 23 (quoting\nWhitman v. Am. ", "Trucking Ass’ns, 521 U.S. 457, 468 (2002)).", "\nEPA is correct that those Congresses spilled little ink on the\nissue of global warming: while the legislative history contains\na few stray references to human-forced climate change, see, e.g.,\n111 Cong. ", "Rec. ", "25,061 (Sept. 24, 1965) (statement of Rep.\nHelstoski); 116 Cong. ", "Rec. ", "32,914 (Sept. 21, 1970) (report\nintroduced in the record by Sen. Boggs), in those years the\nscientific understanding of the issue was nascent at best, see,\ne.g., Environmental Quality: The First Annual Report of the\nCouncil on Environmental Quality 93 (1970) (noting that “[m]an\nmay be changing his weather” but expressing uncertainty as to\nwhether global warming or cooling was occurring). ", "But EPA\nerrs in suggesting that because Congress may not have precisely\nforeseen global warming, the Act provides no authorization for\nGHG regulation. ", "Hardly a mousehole, the definition of “air\npollutants”—“including any physical, chemical, biological,\nradioactive . . . ", "substance or matter which is emitted into or\notherwise enters the ambient air”—enables the Act to apply to\n\f 15\n\nnew air pollution problems as well as existing ones. “[", "T]he fact\nthat a statute can be applied in situations not expressly\nanticipated by Congress,” the Supreme Court has explained,\n“does not demonstrate ambiguity. ", "It demonstrates breadth.”", "\nPGA Tour, Inc. v. Martin, 532 U.S. 661, 689 (2001) (quoting\nPa. Dep’t of Corrections v. Yeskey, 524 U.S. 206, 212 (1998)).", "\nIndeed, Congress expressly instructed EPA to be on the lookout\nfor climate-related problems in evaluating risks to “welfare.”", "\nSection 302(h), added in 1970, explains that “[a]ll language\nreferring to effects on welfare includes, but is not limited to,\neffects on soils, water, crops, vegetation, manmade materials,\nanimals, wildlife, weather, visibility, and climate.” ", "42 U.S.C. §\n7602(h) (emphasis added).", "\n EPA’s second reason for its interpretation—that for\npractical and policy reasons global warming should be dealt\nwith through specifically tailored statutes—likewise fails to\ntrump Congress’s plain language. ", "It may well be that a statute\naimed solely at global warming would deal with the problem\nmore effectively than one aimed generally at air pollution. ", "But\nan agency may not “avoid the Congressional intent clearly\nexpressed in the [statutory] text simply by asserting that its\npreferred approach would be better policy.” ", "Engine Mfrs. ", "Ass’n,\n88 F.3d at 1089. ", "Perhaps recognizing this point, EPA attempts\nto link its policy arguments to the statute by claiming that\nbecause the 1977 and 1990 Congresses enacted provisions\nspecific to another global pollution problem—depletion of\nstratospheric ozone—we must infer that the Act’s general\nprovisions do not cover such global problems. ", "Once again, EPA\nmakes much of very little. ", "While the 1977 Congress did add\nprovisions aimed specifically at ozone depletion, it also made\nclear that “[n]othing in this [ozone-specific] part shall be\nconstrued to alter or affect the authority of the Administrator\nunder . . . ", "any other provision of this Act.” ", "Pub. ", "L. No. ", "95-95,\n§ 158, 91 Stat. ", "685, 730 (1977); see also H.R. Rep. No. ", "95-294,\nat 102 (1977) (expressing the House Committee’s view that\n\f 16\n\nEPA could already regulate emissions to protect stratospheric\nozone under an existing general provision of the CAA).", "\nSimilarly, I see nothing in the 1990 Congress’s enactment of\nother provisions specific to stratospheric ozone protection, see\n42 U.S.C. §§ 7671 to 7671q, indicating it thought EPA lacked\nauthority under general provisions like section 202 to regulate\nemissions contributing to global pollution. ", "This is particularly\ntrue since that Congress also enacted provisions specific to\ncertain regional pollutants, see, e.g., id. §§ 7651 to 7651o (acid\nrain control), which, pursuant to general CAA provisions, EPA\nalready had authority to regulate.", "\n EPA also attempts an unworkability argument. ", "Its\nargument goes like this: another part of the CAA provides that\nthe Administrator shall maintain a list of air pollutants that,\namong other things, “in [the Administrator’s] judgment, cause\nor contribute to air pollution which may reasonably be\nanticipated to endanger public health or welfare.” ", "Id. §\n7408(a)(1)(A). ", "Once pollutants go on this list, the Administrator\nmust set national ambient air quality standards (NAAQS) for\nthem, i.e., ambient air concentration levels that, in the\nAdministrator’s judgment, “are requisite to protect the public\nhealth” and in some areas are “requisite to protect the public\nwelfare.” ", "Id. § 7409(b); see also id. §§ 7407, 7410(a)(1). ", "States\nmust submit plans explaining how they will achieve these\nNAAQS. ", "Id. § 7410. ", "According to EPA, these provisions\nwould be unworkable if applied to CO2: because CO2 disperses\nrelatively evenly throughout the lower atmosphere, states would\nhave only minimal control over their atmospheric CO2\nconcentrations and thus over whether they meet the CO2\nNAAQS. ", "EPA then concludes that because CO2 regulation\nwould be unworkable in the NAAQS context, no general CAA\nprovisions, including section 202(a)(1), authorize it to regulate\nany GHGs.", "\n This unwieldy argument fails. ", "Even assuming that states’\n\f 17\n\nlimited ability to meet CO2 NAAQS renders these provisions\nunworkable as to CO2, but see id. § 7509a(a) (providing a safe\nharbor for states that fail to meet NAAQS due to emissions\nemanating from outside the country), the absurd-results canon\nwould justify at most an exception limited to the particular\nunworkable provision, i.e., the NAAQS provision. ", "See Mova\nPharm. ", "Corp. v. Shalala, 140 F.3d 1060, 1068 (D.C. Cir. ", "1998).", "\nAs EPA acknowledges, regulating CO2 emissions from\nautomobiles is perfectly feasible. ", "See 68 Fed. ", "Reg. ", "at 52,929\n(noting that “improving fuel economy” is a “practical way of\nreducing tailpipe CO2 emissions” and that other technologies for\nreducing emissions may develop in the future).", "\n In support of its third justification for abandoning the plain\ntext of sections 202(a)(1) and 302(g), EPA relies on later\ncongressional action (and inaction). ", "Specifically, EPA points\nout (1) that all direct references to CO2 or global warming in the\n1990 CAA amendments appear in nonregulatory provisions; (2)\nthat other congressional acts such as the 1978 National Climate\nProgram Act, the 1987 Global Climate Protection Act, the 1990\nGlobal Change Research Act, and the 1992 Energy Policy Act,\nas well as several appropriations riders, touch specifically on the\nissue of global warming, typically by instructing agencies to\nstudy the issue; and (3) that Congress has considered and\nrejected many bills specifically tailored to GHG emissions\nregulation since at least 1990. ", "One might well wonder what all\nthis has to do with whether GHGs are “air pollutants” within the\nmeaning of CAA section 302(g). ", "But relying almost exclusively\non Brown & Williamson, 529 U.S. 120, EPA claims that\ntogether these facts indicate that the CAA’s general provisions\ndo not cover GHGs. ", "EPA also asserts that, as in Brown &\nWilliamson, the “extraordinary” political and economic\nsignificance of the regulation requested casts doubt on the\nagency’s authority to undertake it. ", "See Resp’t Br. ", "at 21-22.", "\n In Brown & Williamson, the Court considered whether the\n\f 18\n\nFDA had authority to regulate tobacco products. ", "Although the\nFood, Drug, and Cosmetic Act’s broad language suggested that\nit did, the Court, acknowledging that “a specific policy\nembodied in a later federal statute should control our\nconstruction of the [earlier] statute, even though it ha[s] not been\nexpressly amended,” 529 U.S. at 143 (quoting United States v.\nEstate of Romani, 523 U.S. 517, 530-31 (1998)) (alterations in\noriginal), concluded that the FDA lacked such authority. ", "In\nreaching this conclusion, the Court relied on a direct,\nirreconcilable conflict between FDA jurisdiction over tobacco\nunder the FDCA and later statutes expressly regulating tobacco.", "\nIf the FDA had jurisdiction over tobacco products, it would have\nhad to ban them entirely due to their health risks, yet the\nsubsequent acts “reveal[ed Congress’s] intent that tobacco\nproducts remain on the market.” ", "529 U.S. at 139. ", "Moreover, as\nthe Court emphasized—at least eighteen times by my\ncount—the FDA had repeatedly claimed to have “no authority\nunder the FDCA to regulate tobacco products,” id. at 157, and\n“Congress’s tobacco-specific statutes ha[d] effectively ratified\nthe FDA’s long-held position,” id. at 144. ", "See generally id. at\n125-26, 130-31, 144-46, 151-57.", "\n EPA’s reliance on Brown & Williamson is misplaced. ", "To\nbegin with, I am unconvinced by EPA’s contention that its\njurisdiction over GHG emissions would be as significant as\nFDA jurisdiction over tobacco. ", "Acting under the CAA, EPA\nalready extensively regulates the energy and transportation\nindustries, whereas the FDA had no prior authority over the\ntobacco industry. ", "Moreover, EPA jurisdiction would lead only\nto regulation of GHGs—with, in the case of section 202,\nregulation taking effect only after “such period as the\nAdministrator finds necessary” for development of technology,\n“giving appropriate consideration to the cost of compliance,” 42\nU.S.C. § 7521(a)(2). ", "By contrast, FDA jurisdiction over tobacco\nwould have triggered a total product ban. ", "But even assuming\nthe implications are equally significant, this is not an\n\f 19\n\n“extraordinary” case where “common sense,” see Brown &\nWilliamson, 529 U.S. at 133, 159, calls into question whether\nCongress has delegated EPA authority to regulate GHGs.", "\nCongress gave EPA broad authority to regulate all harmful\npollutants, as section 202(a)(1)’s text makes clear. ", "Congress did\nso intentionally, deeming it “not appropriate to exempt certain\npollutants” from the Act’s “comprehensive protections.” ", "See\nH.R. Rep. No. ", "95-294, at 42-43. ", "And, as I explain below, no\nsubsequent statutory indicia comparable to those relied on by the\nCourt in Brown & Williamson justify a different conclusion.", "\n Perhaps most significantly, no conflict exists between\nEPA’s section 202(a)(1) authority to regulate GHGs and\nsubsequent global warming legislation. ", "Whereas an FDA ban\non tobacco would have directly conflicted with congressional\nintent that tobacco remain on the market, EPA regulation of\nGHGs would be fully compatible with statutes proposing\nadditional research and other nonregulatory approaches to\nclimate change. ", "Take the three 1990 CAA additions referencing\ncarbon dioxide or global warming. ", "Section 103(g) calls for\n“nonregulatory strategies and technologies” for reducing\npollutants like sulpher oxides, carbon monoxide, and carbon\ndioxide. ", "42 U.S.C. § 7403(g). ", "While the section also provides\nthat “[n]othing in this subsection shall be construed to authorize\nthe imposition on any person of air pollution control\nrequirements,” id. (emphasis added), it nowhere suggests that\nEPA lacks authority to regulate carbon dioxide—or, for that\nmatter, sulpher oxides, carbon monoxide, and other\npollutants—under different parts of the Act. ", "Section 602(e) is\nsimilar. ", "One sentence requires the Administrator to “publish the\nglobal warming potential” of certain listed substances, and the\nnext sentence notes that “[t]he preceding sentence shall not be\nconstrued to be the basis of any additional regulation under this\nchapter.” ", "Id. § 7671a(e). ", "Once again, nothing in this provision\nbars regulation under other parts of the Act. ", "The third\nprovision—an uncodified section—merely requires sources\n\f 20\n\nsubject to the Act’s Title V to “monitor carbon dioxide\nemissions,” and says nothing about regulation one way or the\nother. ", "Pub. ", "L. No. ", "101-549, § 821, 104 Stat. ", "2399, 2699 (1990).", "\nOther climate-related acts similarly demonstrating congressional\nintent that global climate issues receive study and attention are\nlikewise perfectly compatible with GHG regulation. ", "See\ngenerally National Climate Program Act of 1978, Pub. ", "L. No.", "\n95-367, 92 Stat. ", "601; Global Climate Protection Act of 1987,\nPub. ", "L. No. ", "100-204, §§ 1101-1106, 101 Stat. ", "1331, 1407-09;\nGlobal Change Research Act of 1990, Pub. ", "L. No. ", "101-606, 104\nStat. ", "3096; Energy Policy Act of 1992, Pub. ", "L. No. ", "102-486, 106\nStat. ", "2776.", "\n Furthermore, and unlike subsequent tobacco legislation that\n“effectively ratified the FDA’s previous position,” Brown &\nWilliamson, 529 U.S. at 156, this subsequent global-warming-\nrelated legislation passed without any assurance from EPA that\nthe agency lacked authority to regulate GHGs. ", "Quite to the\ncontrary, at the time of the two appropriations riders relied on by\nEPA, see, e.g., Pub. ", "L. No. ", "105-276, 112 Stat. ", "2461, 2496\n(1998) (barring use of funds for implementation of the Kyoto\nProtocol), EPA was taking the position that it possessed general\nauthority to regulate GHG emissions under section 202(a)(1).", "\nSee Memorandum, J. Cannon to C. Browner (April 10, 1998).", "\nFinally, the fact that later Congresses failed to pass bills\nspecifically tailored to regulating global warming hardly\nprovides a basis for inferring that earlier Congresses meant to\nexclude climate-endangering pollutants from the coverage of the\nCAA’s general provisions. ", "Not only is “subsequent legislative\nhistory . . . ", "a ‘hazardous basis for inferring the intent of an\nearlier’ Congress,” but it “is a particularly dangerous ground . .", "\n. ", "when it concerns, as it does here . . . ", "proposal[s] that do[] not\nbecome law.” ", "Pension Benefit Guar. ", "Corp. v. LTV Corp., 496\nU.S. 633, 650 (1990) (citation omitted). ", "Indeed, in interpreting\nthe scope of the FDA’s authority, the Brown & Williamson\nCourt itself expressly declined to rely on failed legislation. ", "529\n\f 21\n\nU.S. at 155.", "\n EPA has one last argument, applicable to CO2 emissions\nalone, for claiming it lacks the authority the language of sections\n202(a)(1) and 302(g) expressly bestow upon it. ", "According to\nEPA, the only practical way to regulate CO2 emissions from\nmotor vehicles is to require increased fuel economy, since CO2\nis a byproduct of fuel combustion and “[n]o technology\ncurrently exists or is under development that can capture and\ndestroy or reduce” CO2 “emissions from motor vehicle\ntailpipes.” ", "68 Fed. ", "Reg. ", "at 52,929. ", "Such regulation, EPA\nreasons, would overlap substantially with DOT’s authority under\nthe 1975 Energy Policy and Conservation Act (EPCA) to set\naverage fuel economy standards for certain classes of motor\nvehicles. ", "See Pub. ", "L. No. ", "94-163, § 502, 89 Stat. ", "871, 902-07\n(1975). ", "Though recognizing that no direct conflict would occur\nsince both agencies would set minimum standards, EPA\nconcludes that “any EPA effort to set CO2 tailpipe emissions\nunder the CAA would either abrogate EPCA’s regime (if the\nstandards were effectively more stringent than the applicable\n[DOT] standard) or be meaningless (if they were effectively less\nstringent).” ", "68 Fed. ", "Reg. ", "at 52,929.", "\n EPA may well be correct that setting standards for fuel\neconomy (rather than for capturing tailpipe emissions)\nrepresents its only currently practical option for regulating CO2\nemissions. ", "But cf. ", "42 U.S.C. § 7521(a)(2) (requiring section\n202(a)(1) regulation to take effect only “after such period as the\nAdministrator finds necessary to permit the development and\napplication of the requisite technology”). ", "But given that the two\nregulatory regimes—one targeted at fuel conservation and the\nother at pollution prevention—are overlapping, not\nincompatible, there is no reason to assume that Congress\nexempted CO2 from the meaning of “air pollutant” within the\nCAA, particularly since section 103(g) explicitly calls CO2 an\n“air pollutant.” ", "Where two “statutes are ‘capable of co-\n\f 22\n\nexistence,’ it becomes the duty of this court ‘to regard each as\neffective’—at least absent clear congressional intent to the\ncontrary.” ", "FTC v. Ken Roberts Co., 276 F.3d 583, 593 (D.C.\nCir. ", "2001) (quoting Morton v. Mancari, 417 U.S. 535, 551\n(1974)). ", "Moreover, Congress acknowledged, and indeed\naccepted, the possibility of regulatory overlap. ", "Not only does\nthe current EPCA recognize the relevance of “the effect of other\nmotor vehicle standards of the Government on fuel economy,”\n49 U.S.C. § 32902(f); see also EPCA, Pub. ", "L. No. ", "94-163, §\n502(e), 89 Stat. ", "at 905, but in passing the 1977 CAA\namendments Congress emphasized that EPA regulation under\nthe CAA should go forward even where it overlaps with\nresponsibilities given to other agencies under other acts, see\nH.R. Rep. No. ", "95-294, at 42-43 (explaining that Congress was\namending section 302(g) to broaden the meaning of “air\npollutants” and make clear that EPA has authority even over\npollutants already regulated by another agency). ", "As the 1977\nHouse Report explained, “the Clean Air Act is the\ncomprehensive vehicle for protection of the Nation’s health\nfrom air pollution. ", "In the committee’s view, it is not appropriate\nto exempt certain pollutants or certain sources from the\ncomprehensive protections afforded by the Clean Air Act.” ", "Id.\n In sum, GHGs plainly fall within the meaning of “air\npollutant” in section 302(g) and therefore in section 202(a)(1).", "\nIf “in [the Administrator’s] judgment” they “cause, or contribute\nto, air pollution which may reasonably be anticipated to\nendanger public health or welfare,” 42 U.S.C. § 7521(a)(1), then\nEPA has authority—indeed, the obligation—to regulate their\nemissions from motor vehicles.", "\n\n IV.", "\n EPA’s second reason for refusing to act—what EPA’s\ncounsel termed “the fallback argument,” Tr. ", "of Oral Arg. ", "at\n41—is that even if GHGs are air pollutants, the agency gave\n\f 23\n\nappropriate reasons and acted within its discretion in denying\nthe petition for rulemaking. ", "EPA stresses that our “arbitrary and\ncapricious” standard of review is particularly deferential in\nreviewing an agency refusal to institute rulemaking. ", "See Resp’t\nBr. ", "at 11-12; cf. ", "Motor Vehicle Mfrs. ", "Ass’n v. EPA, 768 F.2d\n385, 389 n.6 (D.C. Cir. ", "1985) (observing that the CAA judicial\nreview provisions are identical to those in the APA). ", "This is\ncertainly true, but this court must nonetheless “consider whether\nthe agency’s decisionmaking was reasoned,” and we will not\npermit the agency to make “plain errors of law.” ", "See Am. ", "Horse\nProtection Ass’n, Inc. v. Lyng, 812 F.2d 1, 5 (D.C. Cir. ", "1987)\n(internal quotation marks omitted). ", "Indeed, “the agency has the\nheaviest of obligations to explain and expose every step of its\nreasoning,” so that we can “exercis[e] our responsibility to\ndetermine whether [its] decision is ‘arbitrary, capricious, an\nabuse of discretion, or otherwise not in accordance with law.’”", "\nSee Am. ", "Lung Ass’n v. EPA, 134 F.3d 388, 392-93 (D.C. Cir.", "\n1998) (quoting 42 U.S.C. § 7607(d)(9)) (reviewing EPA’s denial\nof a petition to revise a NAAQS).", "\n In my view, EPA has failed to satisfy this standard. ", "Indeed,\nreading the relevant sections of EPA’s petition denial—one\ntitled “No Mandatory Duty,” another “Different Policy\nApproach,” and a third “Administration Global Climate Change\nPolicy,” see 68 Fed. ", "Reg. ", "at 52,929, 52,931—I find it difficult\neven to grasp the basis for EPA’s action. ", "In its brief, EPA\ndescribes the petition denial as claiming that if the agency thinks\nregulating GHGs is a bad idea, the Administrator has discretion\nto withhold making a “judgment,” known as an “endangerment\nfinding,” that GHG emissions “cause, or contribute to, air\npollution which may reasonably be anticipated to endanger\npublic health or welfare,” see 42 U.S.C. § 7521(a)(1). ", "Yet the\ndenial itself seems to rest more clearly (albeit still not clearly)\non a belief that even if the Administrator makes an\nendangerment finding, that finding triggers no duty to set\nemission standards. ", "In the end, though, it makes no difference\n\f 24\n\nwhether one or both rationales are genuinely given in the\npetition denial or whether they instead amount to post hoc\nrescue attempts. ", "As I explain below, neither rationale is\nacceptable in light of section 202(a)(1)’s mandate.", "\n\n EPA’s Discretion to Make an Endangerment Finding\n In the petition denial, EPA states:\n [T]he CAA provision authorizing regulation of motor\n vehicle emissions does not impose a mandatory duty on the\n Administrator to exercise her judgment. ", "Instead, section\n 202(a)(1) provides the Administrator with discretionary\n authority to address emissions . . . . ", "While section 202(a)(1)\n uses the word ‘shall,’ it does not require the Administrator\n to act by a specified deadline and it conditions authority to\n act on a discretionary exercise of the Administrator’s\n judgment regarding whether motor vehicle emissions cause\n or contribute to air pollution that may reasonably be\n anticipated to endanger public health or welfare.", "\n68 Fed. ", "Reg. ", "at 52,929. ", "Expounding on this passage, EPA\nargues in its brief that “[t]he ICTA Petition Denial reflects\nEPA’s decision not to make any endangerment finding—either\naffirmative or negative—under section 202(a)(1).” ", "Resp’t Br.", "\nat 62-63. ", "In EPA’s view, “the Agency’s authority to make the\nthreshold finding is discretionary” and petitioners err in\nsuggesting that “if the statutory test for making the finding is\nmet, EPA has no choice but to set standards.” ", "Id. at 57 (internal\nquotation marks omitted).", "\n EPA’s brief also turns several policy concerns raised in\nother portions of its petition denial into rationales for holding off\nexamining endangerment. ", " These concerns include the\nfollowing: (1) “there continue to be important uncertainties in\nour understanding of the factors that may affect future climate\nchange and how it should be addressed”; (2) petitioners\n\f 25\n\nidentified no technologies for reducing CH4, N2O, and HFC\nemissions, and technologies for reducing CO2 emissions either\noverlap with DOT’s authority or require further development;\n(3) regulation “would also result in an inefficient, piecemeal\napproach to addressing the climate change issue,” as the “U.S.\nmotor vehicle fleet is one of many sources of GHG emissions\nboth here and abroad”; (4) “[u]nilateral EPA regulation of motor\nvehicle GHG emissions could also weaken U.S. efforts to\npersuade key developing countries to reduce the GHG intensity\nof their economies”; and (5) “EPA disagrees with the regulatory\napproach urged by petitioners,” instead preferring “a number of\nnonregulatory approaches to reducing GHG emissions” in line\nwith “the President’s global climate change policy” of\n“support[ing] vital global climate research and lay[ing] the\ngroundwork for future action by investing in science,\ntechnology, and institutions.” ", "See 68 Fed. ", "Reg. ", "at 52,929-33.", "\n EPA’s reasoning is simply wrong. ", "In effect, EPA has\ntransformed the limited discretion given to the Administrator\nunder section 202—the discretion to determine whether or not\nan air pollutant causes or contributes to pollution which may\nreasonably be anticipated to endanger public health or\nwelfare—into the discretion to withhold regulation because it\nthinks such regulation bad policy. ", "But Congress did not give\nEPA this broader authority, and the agency may not usurp it.", "\n Section 202(a)(1)’s language—the “Administrator shall by\nregulation prescribe . . . ", "standards applicable to the emission of\nany air pollutant from . . . ", "new motor vehicles . . . ", "which in his\njudgment cause, or contribute to, air pollution which may\nreasonably be anticipated to endanger public health or welfare,”\n42 U.S.C. § 7521(a)(1)—establishes the limits of EPA’s\ndiscretion. ", "This section gives the Administrator the discretion\nonly to “judg[e],” within the bounds of substantial evidence,\nwhether pollutants “cause, or contribute to, air pollution which\nmay reasonably be anticipated to endanger public health or\n\f 26\n\nwelfare.” ", "If conflicting credible evidence exists, e.g., some\nevidence suggesting that GHGs may reasonably be anticipated\nto endanger welfare and other evidence suggesting the opposite,\nthen the Administrator has discretion in weighing this evidence.", "\nIf the facts are known but require no single conclusion as to\nwhether a pollutant “may reasonably be anticipated to endanger\npublic health or welfare”—such as in a case where there exists\na small-to-moderate risk that a pollutant will cause a small-to-\nmoderate amount of harm—then the Administrator has\ndiscretion in assessing whether these facts amount to\nendangerment. ", "If the Administrator concludes based on\nsubstantial evidence that more research is needed before he can\njudge whether GHGs may reasonably be anticipated to endanger\nwelfare, then he has discretion to hold off making a finding.", "\n But section 202(a)(1) plainly limits the Administrator’s\ndiscretion—his judgment—to determining whether the statutory\nstandard for endangerment has been met. ", "The Administrator has\nno discretion either to base that judgment on reasons unrelated\nto this standard or to withhold judgment for such reasons. ", "In\nclaiming otherwise, EPA not only ignores the statute’s language,\nbut also fails to reckon with this circuit’s related precedent.", "\n Our en banc decision in Natural Resources Defense\nCouncil, Inc. v. EPA, 824 F.2d 1146 (D.C. Cir. ", "1987), makes\nclear that the Administrator may only exercise “judgment” in\nevaluating whether the statutory standard has been met. ", "There,\nconsidering a CAA provision authorizing the Administrator to\nset emission standards “at the level which in his judgment\nprovides an ample margin of safety to protect the public health,”\n42 U.S.C. § 7412(b)(1)(B) (1982) (quoted in 824 F.2d at 1147),\nwe held that the Administrator had to base his determination on\nwhat level would “provide an ‘ample margin of safety.’” ", "See\n824 F.2d at 1164-65. ", "We struck down his proposed standards\nbecause he failed to ground them in the statute. ", "See id. at 1163-\n64 (“[T]he Administrator has made no finding with respect to\n\f 27\n\nthe effect of the chosen level of emissions on health. . . .", "\nNowhere in the decision did the Administrator state that the\n1976 emission standards provide an ‘ample margin of safety.’”).", "\n Similarly, in Ethyl Corp. v. EPA, 541 F.2d 1 (D.C. Cir.", "\n1976) (en banc), we considered whether EPA appropriately\nlinked its policy analysis to the statutory standard. ", "That case\ninvolved EPA’s decision to regulate leaded gasoline pursuant to\nCAA section 211(c)(1)(A), 42 U.S.C. § 1857f-6c(1)(A) (1976),\ncurrently codified as amended at 42 U.S.C. § 7545(c)(1)(A),\nwhich at that time provided that the Administrator “may”\nregulate fuel additives “if any emission products of such . . . ", "fuel\nadditive[s] will endanger the public health or welfare.”", "\nDetermining that lead in gasoline presented “‘a significant risk\nof harm’ to the public health,” 541 F.2d at 7, EPA regulated it.", "\nIndustry petitioners objected, claiming that the Administrator\nneeded “proof of actual harm rather than of ‘a significant risk of\nharm.’” ", "Id. at 12. ", "Siding with EPA, we held that the agency\nhad discretion in determining what level of harm—or risk of\nharm—constitutes endangerment. ", "Id. We indicated that such\ndeterminations involve policy issues, but—as Judge Randolph\nneglects to mention, see op. ", "of Randolph, J., at 13—these policy\nissues all related to whether the statutory standard had been met,\ni.e., to whether lead in gasoline endangered public health. ", "See,\ne.g., 541 F.2d at 24 (observing that “a determination of\nendangerment to public health is necessarily a question of policy\nthat is to be based on an assessment of risks and that should not\nbe bound by either the procedural or the substantive rigor proper\nfor questions of fact”); id. at 26 (noting that “the statute accords\nthe regulator flexibility to assess risks and make essentially\nlegislative policy judgments”). ", "Indeed, Ethyl makes quite clear\nthat the Administrator’s policy-based discretion is limited to the\nterms of the statute. “", "All this is not to say that Congress left the\nAdministrator free to set policy on his own terms. ", "To the\ncontrary, the policy guidelines are largely set, both in the\nstatutory term ‘will endanger’ and in the relationship of that\n\f 28\n\nterm to other sections of the Clean Air Act. ", "These prescriptions\ndirect the Administrator’s actions.” ", "Id. at 29; cf. ", "Brown &\nWilliamson, 529 U.S. at 140 (noting that the FDA’s “judgment”\nabout how best to achieve public health goals is “no substitute\nfor the specific safety determinations required by the FDCA’s\nvarious operative provisions”).", "\n In yet another case, Her Majesty the Queen in Right of\nOntario v. EPA, 912 F.2d 1525 (D.C. Cir. ", "1990), we held that\nfor EPA to decline to make an endangerment finding, it must\nhave a statutorily based reason for doing so. ", "The CAA section\nat issue provided that when the Administrator had “reason to\nbelieve that any air pollutant or pollutants emitted in the United\nStates cause or contribute to air pollution which may reasonably\nbe anticipated to endanger public health or welfare in a foreign\ncountry . . . , ", "the Administrator shall give formal notice thereof\nto the Governor of the State in which such emissions originate.”", "\nId. at 1527-28 (quoting 42 U.S.C. § 7415(a) (1982)) (omission\nin original). ", "Petitioners alleged that the Administrator acted\nunreasonably in holding off making an endangerment finding as\nto acid rain, which strong evidence (including informal EPA\nstatements) indicated was coming from the United States and\nendangering Canadian welfare. ", "Id. at 1529. ", "We held that EPA\nacted reasonably in postponing a formal endangerment finding\nonly because it gave a reasonable statutory basis for doing so.", "\nSpecifically, because EPA still lacked information as to which\nstates were causing the harmful acid rain, it would have been\n“pointless” for the agency to make an endangerment finding\ngiven the “specific [statutory] linkage between the\nendangerment finding and the remedial procedures,” i.e.,\nnotifying offending states. ", "Id. at 1533. “", "For this reason,” we\nfound EPA’s decision to postpone an endangerment finding\n“both reasonable and consistent with the statute.” ", "Id.\n In short, EPA may withhold an endangerment finding only\nif it needs more information to determine whether the statutory\n\f 29\n\nstandard has been met. ", "Similarly, for EPA to find no\nendangerment (as Judge Randolph, going beyond the agency’s\nown arguments, appears to claim happened here, see op. ", "of\nRandolph, J., at 13, 15), it must ground that conclusion in the\nstatutory standard and may not rely on unrelated policy\nconsiderations.", "\n The statutory standard, moreover, is precautionary. ", "At the\ntime we decided Ethyl, section 202(a)(1) and similar CAA\nprovisions either authorized or required the Administrator to act\non finding that emissions led to “air pollution which endangers\nthe public health or welfare.” ", "See 42 U.S.C. § 1857f-1(a)(1)\n(1976) (emphasis added). ", "After Ethyl found that “the statutes\nand common sense demand regulatory action to prevent harm,\neven if the regulator is less than certain that harm is otherwise\ninevitable,” Ethyl, 541 F.2d at 25 (emphasis added), the 1977\nCongress not only approved of this conclusion, see H.R. Rep.\nNo. ", "95-294, at 49, but also wrote it into the CAA. ", "Section\n202(a)(1) (along with other provisions, see H.R. Rep. No. ", "95-\n294, at 50) now requires regulation to precede certainty. ", "It\nrequires regulation where, in the Administrator’s judgment,\nemissions “contribute to air pollution which may reasonably be\nanticipated to endanger public health or welfare.” ", "42 U.S.C. §\n7521(a)(1) (emphasis added). ", "As the House Report explained:\n“In order to emphasize the precautionary or preventative\npurpose of the act (and, therefore, the Administrator’s duty to\nassess risks rather than wait for proof of actual harm), the\ncommittee not only retained the concept of endangerment to\nhealth; the committee also added the words ‘may reasonably be\nanticipated to.’” ", "H.R. Rep. No. ", "95-294, at 51 (emphasis added).", "\n Given this framework, it is obvious that none of EPA’s\nproffered policy reasons justifies its refusal to find that GHG\nemissions “contribute to air pollution which may reasonably be\nanticipated to endanger public health or welfare.” ", "Unlike in Her\nMajesty the Queen, EPA’s proffered reasons for refusing to\n\f 30\n\nmake an endangerment finding have no connection to the\nstatutory standard. ", "Instead, as in Natural Resources Defense\nCouncil (where we found EPA to have acted arbitrarily and\ncapriciously), EPA has “ventured into a zone of impermissible\naction” by “simply substitut[ing]” freestanding policy concerns\nfor the sort of evaluation required by the statute. ", "See 824 F.2d\nat 1163. ", "A look at these policy concerns proves the point.", "\n First, EPA claims that global warming still has many\nscientific uncertainties associated with it. ", "See 68 Fed. ", "Reg. ", "at\n52,930-31; see also op. ", "of Randolph, J., at 11-13. ", "In this regard,\nEPA makes much of the NRC’s statements that a link between\nhuman-caused atmospheric GHG concentration increases and\nthis past century’s warming “cannot be unequivocally\nestablished”; that “a wide range of uncertainty” remains\n“inherent in current model predictions” due to imprecise\nvariables like future emissions rates, climate sensitivity, and the\nforcing effects of aerosols; and that “current estimate [sic] of the\nmagnitude of future warming should be regarded as tentative\nand subject to future adjustments (either upward or downward).”", "\nSee 68 Fed. ", "Reg. ", "at 52,930 (quoting NRC Rep. at 1, 17); see\nalso op. ", "of Randolph, J., at 11-13. ", "But the CAA nowhere calls\nfor proof. ", "It nowhere calls for “unequivocal” evidence. ", "Instead,\nit calls for the Administrator to determine whether GHGs\n“contribute to air pollution which may reasonably be anticipated\nto endanger” welfare. ", "EPA never suggests that the uncertainties\nidentified by the NRC Report prevent it from determining that\nGHGs “may reasonably be anticipated to endanger” welfare. ", "In\nother words, just as EPA failed in Natural Resources Defense\nCouncil to explain its chosen emissions level in light of the\nstatutory standard, so the agency has failed here to explain its\nrefusal to find endangerment in light of the statutory standard.", "\n EPA’s silence on this point is telling. ", "Indeed, looking at the\nNRC Report as a whole, I doubt EPA could credibly conclude\nthat it needs more research to determine whether GHG-caused\n\f 31\n\nglobal warming “may reasonably be anticipated to endanger”\nwelfare. ", "Though not offering certainty, the report demonstrates\nthat matters are well within the “frontiers of scientific\nknowledge,” see op. ", "of Randolph, J., at 15 (quoting Envtl. ", "Def.", "\nFund v. EPA, 598 F.2d 62, 82 (D.C. Cir. ", "1978)). ", "The report also\nindicates that the projected consequences of global warming are\nserious. ", " Because neither EPA nor Judge Randolph\nacknowledges, let alone evaluates, these projected effects, I\nquote the NRC’s discussion of the “Consequences of Increased\nClimate Change of Various Magnitudes” in its entirety.", "\n The U.S. National Assessment of Climate Change\n Impacts, augmented by a recent NRC report on climate and\n health, provides a basis for summarizing the potential\n consequences of climate change. ", "The National Assessment\n directly addresses the importance of climate change of\n various magnitudes by considering climate scenarios from\n two well-regarded models (the Hadley model of the United\n Kingdom and the Canadian Climate Model). ", "These two\n models have very different globally-averaged temperature\n increases (2.7 and 4.4º C (4.9 and 7.9º F), respectively) by\n the year 2100. ", "A key conclusion from the National\n Assessment is that U.S. society is likely to be able to adapt\n to most of the climate change impacts on human systems,\n but these adaptations may come with substantial cost. ", "The\n primary conclusions from these reports are summarized for\n agriculture and forestry, water, human health, and coastal\n regions.", "\n In the near term, agriculture and forestry are likely to\n benefit from CO2 fertilization effects and the increased\n water efficiency of many plants at higher atmospheric CO2\n concentrations. ", "Many crop distributions will change, thus\n requiring significant regional adaptations. ", "Given their\n resource base, the Assessment concludes that such changes\n will be costlier for small farmers than for large corporate\n\f 32\n\nfarms. ", "However, the combination of the geographic and\nclimatic breadth of the United States, possibly augmented\nby advances in genetics, increases the nation’s robustness\nto climate change. ", "These conclusions depend on the\nclimate scenario, with hotter and drier conditions increasing\nthe potential for declines in both agriculture and forestry.", "\nIn addition, the response of insects and plant diseases to\nwarming is poorly understood. ", "On the regional scale and in\nthe longer term, there is much more uncertainty.", "\n Increased tendency towards drought, as projected by\nsome models, is an important concern in every region of the\nUnited States even though it is unlikely to be realized\neverywhere in the nation. ", "Decreased snow pack and/or\nearlier season melting are expected in response to warming\nbecause the freeze line will be moving to higher elevations.", "\nThe western part of the nation is highly dependent on the\namount of snow pack and the timing of the runoff. ", "The\nnoted increased rainfall rates have implications for\npollution run-off, flood control, and changes to plant and\nanimal habitat. ", "Any significant climate change is likely to\nresult in increased costs because the nation’s investment in\nwater supply infrastructure is largely tuned to the current\nclimate.", "\n Health outcomes in response to climate change are the\nsubject of intense debate. ", "Climate change has the potential\nto influence the frequency and transmission of infectious\ndisease, alter heat- and cold-related mortality and\nmorbidity, and influence air and water quality. ", "Climate\nchange is just one of the factors that influence the frequency\nand transmission of infectious disease, and hence the\nassessments view such changes as highly uncertain. ", "This\nsaid, changes in agents that transport infectious diseases\n(e.g., mosquitoes, ticks, rodents) are likely to occur with\nany significant change in precipitation and temperature.", "\n\f 33\n\nIncreases in mean temperatures are expected to result in\nnew record high temperatures and warm nights and an\nincrease in the number of warm days compared to the\npresent. ", "Cold-related stress is likely to decline whereas\nheat stress in major urban areas is projected to increase if\nno adaptation occurs. ", "The National Assessment ties\nincreases in adverse air quality to higher temperatures and\nother air mass characteristics. ", "However, much of the\nUnited States appears to be protected against many different\nadverse health outcomes related to climate change by a\nstrong public health system, relatively high levels of public\nawareness, and a high standard of living. ", "Children, the\nelderly, and the poor are considered to be the most\nvulnerable to adverse health outcomes. ", "The understanding\nof the relationships between weather/climate and human\nhealth is in its infancy and therefore the health\nconsequences of climate change are poorly understood.", "\nThe costs, benefits, and availability of resources for\nadaptation are also uncertain.", "\n Fifty-three percent of the U.S. population lives within\nthe coastal regions, along with billions of dollars in\nassociated infrastructure. ", "Because of this, coastal areas are\nmore vulnerable to increases in severe weather and sea level\nrise. ", "Changes in storm frequency and intensity are one of\nthe more uncertain elements of future climate change\nprediction. ", "However, sea level rise increases the potential\ndamage to coastal regions even under conditions of current\nstorm intensities and can endanger coastal ecosystems if\nhuman systems or other barriers limit the opportunities for\nmigration.", "\n In contrast to human systems, the U.S. National\nAssessment makes a strong case that ecosystems are the\nmost vulnerable to the projected rate and magnitude of\nclimate change, in part because the available adaptation\n\f 34\n\n options are very limited. ", "Significant climate change will\n cause disruption to many U.S. ecosystems, including\n wetlands, forests, grasslands, rivers, and lakes. ", "Ecosystems\n have inherent value, and also supply the country with a\n wide variety of ecosystem services.", "\n The impacts of these climate changes will be\n significant, but their nature and intensity will depend\n strongly on the region and timing of the occurrence. ", "At a\n national level, the direct economic impacts are likely to be\n modest. ", "However, on a regional basis the level and extent\n of both beneficial and harmful impacts will grow. ", "Some\n economic sectors may be transformed substantially and\n there may be significant regional transitions associated with\n shifts in agriculture and forestry. ", "Increasingly, climate\n change impacts will have to be placed in the context of\n other stresses associated with land use and a wide variety of\n pollutants. ", "The possibility of abrupt or unexpected changes\n could pose greater challenges for adaptation.", "\n Even the mid-range scenarios considered in the IPCC\n result in temperatures that continue to increase well beyond\n the end of this century, suggesting that assessments that\n examine only the next 100 years may well underestimate\n the magnitude of the eventual impacts. ", "For example a\n sustained and progressive drying of the land surface, if it\n occurred, would eventually lead to desertification of regions\n that are now marginally arable, and any substantial melting\n or breaking up of the Greenland and Antarctic ice caps\n could cause widespread coastal inundation.", "\nNRC Rep. at 19-20 (footnotes omitted). ", "I have grave difficulty\nseeing how EPA, while treating the NRC Report as an\n“objective and independent assessment of the relevant science,”\n68 Fed. ", "Reg. ", "at 52,930, could possibly fail to conclude that\nglobal warming “may reasonably be anticipated to endanger\npublic health or welfare,” 42 U.S.C. § 7521(a)(1), with effects\n\f 35\n\non welfare including “effects on soil, water, crops, vegetation,\nmanmade materials, animals, wildlife, weather, visibility, and\nclimate, damage to and deterioration of property, and hazards to\ntransportation, as well as effects on economic values and on\npersonal comfort and well-being,” id. § 7602(h). ", "It thus comes\nas no surprise that EPA’s petition denial not only undertakes\nnone of the risk assessments described in Ethyl, 541 F.2d at 28\n& n.58, but also utterly ignores the statutory standard.", "\n EPA similarly fails to link its second policy\njustification—that setting fuel economy standards represents the\nonly currently available way to regulate CO2 emissions and\npetitioners “make no suggestion[s]” for how to reduce CH4,\nN2O, and HFC emissions, 68 Fed. ", "Reg. ", "at 52,931—with the\nstatutory standard. ", "As discussed earlier, supra at 21-22, the fact\nthat DOT sets fuel economy standards pursuant to the EPCA in\nno way prevents EPA from setting standards pursuant to the\nCAA. ", "It is true that DOT has recently increased fuel economy\nstandards for light trucks, see 68 Fed. ", "Reg. ", "at 52,931; see also\nop. ", "of Randolph, J., at 14—a fact EPA did not even bother to\nmention in its brief—but unless DOT’s action affects whether\nGHGs “contribute to air pollution which may reasonably be\nanticipated to endanger public health or welfare,” it provides no\nsupport for EPA’s decision.", "\n As to EPA’s point about other GHGs, it may well be that no\ncurrent technologies exist for reducing their emissions. ", "But\nonce again, this has nothing at all to do with the statutory\nendangerment standard. ", "Indeed, in section 202(a)(2), Congress\nhas made it crystal clear that endangerment findings must not\nwait on technology.", "\n Any regulation prescribed under paragraph (1) of this\n subsection (and any revision thereof) shall take effect after\n such period as the Administrator finds necessary to permit\n the development and application of the requisite\n\f 36\n\n technology, giving appropriate consideration to the cost of\n compliance within such period.", "\n42 U.S.C. § 7521(a)(2). ", "As the Senate Report explained, EPA\n“is expected to press for the development and application of\nimproved technology rather than be limited by that which\nexists.” ", "S. Rep. No. ", "91-1196, at 24 (1970); see also Natural\nRes. ", "Def. ", "Council, Inc. v. EPA, 655 F.2d 318, 328 (D.C. Cir.", "\n1981) (referencing this legislative history). ", "In refusing to make\nan endangerment finding because it lacks currently available\ntechnology for controlling these emissions, EPA goes well\nbeyond the bounds of its statutory discretion.", "\n EPA’s final policy reasons likewise fail. ", "Because other\ndomestic and foreign sources contribute to atmospheric GHG\nconcentrations, GHG regulation might well “result in an\ninefficient, piecemeal approach to addressing the climate change\nissue,” 68 Fed. ", "Reg. ", "at 52,931. ", "But again, Congress has\nexpressly demanded such an approach. ", "Section 202(a)(1)\nrequires EPA to regulate if it judges that U.S. motor vehicle\nemissions “cause, or contribute to, air pollution,” 42 U.S.C. §\n7521(a)(1) (emphasis added); see also Ethyl, 541 F.2d at 29-31\n(holding that the same language from section 211 plainly means\nthat emissions merit regulation even if they are not the only\nsource of air pollution). ", "EPA (understandably) offers no basis\nfor thinking that U.S. automobile emissions are not contributing\nto global warming. ", "Indeed, why would the “Administration’s\nglobal climate change policy plan support[] increasing\nautomobile fuel economy,” see 68 Fed. ", "Reg. ", "at 52,933, if motor\nvehicle emissions were contributing nothing to global warming?", "\nSimilarly, EPA’s concern that regulation could weaken U.S.\nnegotiating power with other nations has nothing at all to do\nwith whether GHGs contribute to welfare-endangering air\npollution. ", "Finally, while EPA obviously prefers nonregulatory\napproaches to regulatory ones, see id. at 52,932-33, Congress\ngave the Administrator discretion only in assessing whether\n\f 37\n\nglobal warming “may reasonably be anticipated to endanger”\nwelfare, not “free[dom] to set policy on his own terms,” Ethyl,\n541 F.2d at 29.", "\n In short, EPA has utterly failed to relate its policy reasons\nto section 202(a)(1)’s standard. ", "Indeed, nowhere in its policy\ndiscussion does EPA so much as mention this standard—“may\nreasonably be anticipated to endanger public health or welfare.”", "\nSee 68 Fed. ", "Reg. ", "at 52,929-33 (the sections titled “Different\nPolicy Approach” and “Administration Global Climate Change\nPolicy”). ", "EPA apparently dislikes the fact that section 202(a)(1)\nsays the Administrator “shall” regulate—rather than “may”\nregulate—on making an endangerment finding. ", "But EPA cannot\nduck Congress’s express directive by declining to evaluate\nendangerment on the basis of policy reasons unrelated to the\nstatutory standard. ", "Although EPA is free to take its policy\nconcerns to Congress and seek a change in the Clean Air Act, it\nmust obey the law in the meantime.", "\n\n EPA’s Discretion After Making an Endangerment Finding\n Alternatively, EPA may have believed that even if it made\nan endangerment finding, it had no obligation to regulate GHG\nemissions. ", "The petition denial states,\n EPA also disagrees with the premise of the petitioners’\n claim—that if the Administrator were to find that GHGs, in\n general, may reasonably be anticipated to endanger public\n health or welfare, she must necessarily regulate GHG\n emissions from motor vehicles. ", "Depending on the\n particular problem, motor vehicles may contribute more or\n less or not at all. ", "An important issue before the\n Administrator is whether, given motor vehicles’ relative\n contribution to a problem, it makes sense to regulate them.", "\n . . . ", "The discretionary nature of the Administrator’s section\n 202(a)(1) authority allows her to consider these important\n policy issues and decide to regulate motor vehicle\n\f 38\n\n emissions as appropriate to the air pollution problem being\n addressed. ", "Accordingly, even were the Administrator to\n make a formal finding regarding the potential health and\n welfare effects of GHGs in general, section 202(a)(1) would\n not require her to regulate GHG emission from motor\n vehicles.", "\n68 Fed. ", "Reg. ", "at 52,929. ", "This passage is puzzling. ", "Motor\nvehicles emit GHGs in significant quantities, see U.S. Dep’t of\nState, U.S. Climate Action Report 2002, at 40—a point EPA\nnowhere contests. ", " The statute clearly states that the\nAdministrator “shall by regulation prescribe . . . ", "standards”\ngoverning the emissions of air pollutants from motor vehicles if\nthe Administrator makes an endangerment finding regarding\nthese pollutants. ", "42 U.S.C. § 7521(a)(1) (emphasis added).", "\nCompare id. § 7545(c)(1)(A) (using “may”). ", "Refusing to\nregulate following an endangerment finding would violate the\nlaw. ", "Indeed, EPA appears to have abandoned this argument. ", "In\na (rare) concession to the Act’s text, EPA counsel acknowledged\nat oral argument, “I don’t think that we would contest that if the\nagency had made an endangerment finding, that then you would\nhave to give some significance to the term ‘shall’ in [section]\n202(a).” ", "Tr. ", "of Oral Arg. ", "at 44.", "\n\n V.\n Although this case comes to us in the context of a highly\ncontroversial question—global warming—it actually presents a\nquite traditional legal issue: has the Environmental Protection\nAgency complied with the Clean Air Act? ", "For the reasons given\nabove, I believe that EPA has both misinterpreted the scope of\nits statutory authority and failed to provide a statutorily based\njustification for refusing to make an endangerment finding. ", "I\nwould thus grant the petitions for review.", "\n\f" ]
{ "pile_set_name": "FreeLaw" }
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0.003455
911
[ "Q:\n\nhow to implement a variable whose value is not lost after every run?", "\n\nI wish to implement a variable (in Java) whose value is either stored somewhere or is not reset every time I run the program. ", "\nIt's related to a \"Booking reference Number\" for a flight program. ", "I know database connectivity but make a new data base for one variable is pretty pointless. ", "Any ideas as to what I should/can do?", "\nAlso I don't want the numbers to be random I want them in order like if the first booking ID is 100 then the next one should be 101 and so on.", "\n\nA:\n\nOrganize your data in a structure and then serialize it.", "When you re-run your program, look for that serialized version in the file system, if there is any, read it. ", "Viola.! ", "\n\n" ]
{ "pile_set_name": "StackExchange" }
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0.004542
10
[ "- add stack trace position remapping\n- add better package statements in generated file (package abc.def; package html)\n- warn or remap file names with `-` in them because they can't be compiled currently\n- possibility to change context (html/xml/txt)\n- JS context" ]
{ "pile_set_name": "Github" }
[ 0.0006279512890614569 ]
0.000628
1
[ " 8:39 PM and 3:37 AM?", "\n418\nWhat is 553 minutes after 11:03 PM?", "\n8:16 AM\nWhat is 514 minutes before 9:25 PM?", "\n12:51 PM\nHow many minutes are there between 1:45 AM and 11:30 AM?", "\n585\nWhat is 332 minutes after 5:43 PM?", "\n11:15 PM\nWhat is 474 minutes before 3:28 AM?", "\n7:34 PM\nHow many minutes are there between 4:42 PM and 8:51 PM?", "\n249\nHow many minutes are there between 4:02 PM and 9:27 PM?", "\n325\nWhat is 90 minutes before 7:34 PM?", "\n6:04 PM\nWhat is 462 minutes after 12:31 PM?", "\n8:13 PM\nWhat is 445 minutes after 7:28 AM?", "\n2:53 PM\nHow many minutes are there between 12:15 PM and 1:46 PM?", "\n91\nHow many minutes are there between 5:14 PM and 5:50 PM?", "\n36\nWhat is 235 minutes after 6:19 PM?", "\n10:14 PM\nHow many minutes are there between 10:50 AM and 3:20 PM?", "\n270\nWhat is 543 minutes after 12:03 AM?", "\n9:06 AM\nHow many minutes are there between 8:09 AM and 7:26 PM?", "\n677\nHow many minutes are there between 9:17 PM and 10:55 PM?", "\n98\nWhat is 620 minutes after 1:15 PM?", "\n11:35 PM\nWhat is 197 minutes after 4:34 AM?", "\n7:51 AM\nHow many minutes are there between 12:32 AM and 2:44 AM?", "\n132\nHow many minutes are there between 8:53 AM and 2:06 PM?", "\n313\nHow many minutes are there between 1:10 PM and 11:51 PM?", "\n641\nHow many minutes are there between 5:54 PM and 12:22 AM?", "\n388\nHow many minutes are there between 11:13 AM and 2:19 PM?", "\n186\nHow many minutes are there between 11:47 PM and 2:38 AM?", "\n171\nHow many minutes are there between 2:47 AM and 9:21 AM?", "\n394\nWhat is 453 minutes before 11:33 AM?", "\n4:00 AM\nWhat is 543 minutes before 11:27 AM?", "\n2:24 AM\nHow many minutes are there between 10:43 AM and 12:50 PM?", "\n127\nWhat is 325 minutes after 9:27 AM?", "\n2:52 PM\nHow many minutes are there between 3:53 AM and 5:37 AM?", "\n104\nWhat is 538 minutes before 9:48 PM?", "\n12:50 PM\nHow many minutes are there between 9:13 PM and 6:01 AM?", "\n528\nHow many minutes are there between 4:19 PM and 1:32 AM?", "\n553\nWhat is 231 minutes after 5:15 PM?", "\n9:06 PM\nHow many minutes are there between 10:11 PM and 8:08 AM?", "\n597\nWhat is 585 minutes before 5:24 AM?", "\n7:39 PM\nHow many minutes are there between 4:30 AM and 4:02 PM?", "\n692\nHow many minutes are there between 3:05 PM and 4:08 PM?", "\n63\nHow many minutes are there between 10:26 AM and 7:54 PM?", "\n568\nWhat is 274 minutes after 8:40 PM?", "\n1:14 AM\nHow many minutes are there between 6:07 PM and 5:50 AM?", "\n703\nHow many minutes are there between 8:08 AM and 12:51 PM?", "\n283\nHow many minutes are there between 8:17 AM and 9:13 AM?", "\n56\nHow many minutes are there between 7:07 PM and 11:02 PM?", "\n235\nHow many minutes are there between 9:31 PM and 2:05 AM?", "\n274\nHow many minutes are there between 9:02 AM and 3:50 PM?", "\n408\nWhat is 296 minutes after 3:35 PM?", "\n8:31 PM\nHow many minutes are there between 3:14 PM and 2:36 AM?", "\n682\nHow many minutes are there between 9:14 PM and 9:58 PM?", "\n44\nWhat is 186 minutes before 5:03 PM?", "\n1:57 PM\nHow many minutes are there between 2:07 AM and 1:04 PM?", "\n657\nWhat is 38 minutes before 3:10 AM?", "\n2:32 AM\nHow many minutes are there between 3:13 AM and 1:05 PM?", "\n592\nWhat is 96 minutes after 8:48 PM?", "\n10:24 PM\nWhat is 321 minutes before 1:02 PM?", "\n7:41 AM\nHow many minutes are there between 1:43 AM and 9:43 AM?", "\n480\nHow many minutes are there between 12:35 AM and 10:46 AM?", "\n611\nHow many minutes are there between 8:55 AM and 9:33 AM?", "\n38\nWhat is 573 minutes before 12:50 PM?", "\n3:17 AM\nHow many minutes are there between 4:08 PM and 9:08 PM?", "\n300\nHow many minutes are there between 6:00 AM and 12:38 PM?", "\n398\nHow many minutes are there between 4:55 AM and 6:39 AM?", "\n104\nWhat is 148 minutes after 8:41 PM?", "\n11:09 PM\nHow many minutes are there between 1:23 AM and 2:03 AM?", "\n40\nHow many minutes are there between 7:48 AM and 5:35 PM?", "\n587\nHow many minutes are there between 10:32 PM and 6:44 AM?", "\n492\nHow many minutes are there between 2:38 AM and 4:00 AM?", "\n82\nWhat is 655 minutes after 9:11 PM?", "\n8:06 AM\nHow many minutes are there between 8:34 PM and 9:15 PM?", "\n41\nHow many minutes are there between 4:57 AM and 3:13 PM?", "\n616\nWhat is 277 minutes before 11:23 AM?", "\n6:46 AM\nWhat is 419 minutes after 12:58 PM?", "\n7:57 PM\nHow many minutes are there between 12:59 PM and 7:57 PM?", "\n418\nHow many minutes are there between 12:22 AM and 5:46 AM?", "\n324\nWhat is 530 minutes before 7:40 AM?", "\n10:50 PM\nHow many minutes are there between 3:42 PM and 5:50 PM?", "\n128\nWhat is 443 minutes before 9:09 AM?", "\n1:46 AM\nWhat is 155 minutes after 11:44 AM?", "\n2:19 PM\nWhat is 367 minutes before 1:02 PM?", "\n6:55 AM\nHow many minutes are there between 8:36 AM and 10:31 AM?", "\n115\nWhat is 91 minutes before 6:38 AM?", "\n5:07 AM\nHow many minutes are there between 5:37 PM and 4:54 AM?", "\n677\nHow many minutes are there between 3:33 PM and 3:06 AM?", "\n693\nWhat is 385 minutes before 8:35 PM?", "\n2:10 PM\nHow many minutes are there between 5:16 AM and 11:57 AM?", "\n401\nHow many minutes are there between 4:58 AM and 12:07 PM?", "\n429\nWhat is 707 minutes after 2:18 PM?", "\n2:05 AM\nHow many minutes are there between 3:02 PM and 4:57 PM?", "\n115\nHow many minutes are there between 1:48 AM and 2:40 AM?", "\n52\nHow many minutes are there between 6:13 AM and 10:17 AM?", "\n244\nWhat is 398 minutes after 4:03 AM?", "\n10:41 AM\nWhat is 524 minutes before 1:48 PM?", "\n5:04 AM\nHow many minutes are there between 8:40 PM and 6:57 AM?", "\n617\nHow many minutes are there between 7:15 AM and 9:30 AM?", "\n135\nHow many minutes are there between 11:41 PM and 6:29 AM?", "\n408\nHow many minutes are there between 7:33 AM and 4:46 PM?", "\n553\nHow many minutes are there between 4:25 AM and 11:24 AM?", "\n419\nWhat is 266 minutes before 1:31 AM?", "\n9:05 PM\nWhat is 292 minutes before 12:39 PM?", "\n7:47 AM\nHow many minutes are there between 12:01 AM and 6:47 AM?", "\n406\nWhat is 156 minutes before 9:11 AM?", "\n6:35 AM\nWhat is 322 minutes after 8:57 AM?", "\n2:19 PM\nHow many minutes are there between 9:46 PM and 5:32 AM?", "\n466\nHow many minutes are there between 6:27 AM and 10:40 AM?", "\n253\nHow many minutes are there between 12:45 PM and 12:16 AM?", "\n691\nHow many minutes are there between 7:33 PM and 5:40 AM?", "\n607\nHow many minutes are there between 4:07 AM and 11:08 AM?", "\n421\nWhat is 132 minutes before 8:48 PM?", "\n6:36 PM\nWhat is 184 minutes before 8:44 PM?", "\n5:40 PM\nHow many minutes are there between 8:50 PM and 2:21 AM?", "\n331\nWhat is 399 minutes before 2:11 AM?", "\n7:32 PM\nWhat is 63 minutes before 5:59 PM?", "\n4:56 PM\nWhat is 344 minutes after 2:46 AM?", "\n8:30 AM\nHow many minutes are there between 3:53 PM and 2:50 AM?", "\n657\nHow many minutes are there between 5:19 PM and 2:43 AM?", "\n564\nHow many minutes are there between 10:08 AM and 4:58 PM?", "\n410\nWhat is 19 minutes before 6:41 PM?", "\n6:22 PM\nWhat is 661 minutes after 3:42 AM?", "\n2:43 PM\nWhat is 194 minutes before 6:25 PM?", "\n3:11 PM\nWhat is 373 minutes before 3:38 AM?", "\n9:25 PM\nWhat is 663 minutes after 9:56 PM?", "\n8:59 AM\nWhat is 56 minutes before 3:50 PM?", "\n2:54 PM\nWhat is 394 minutes after 8:27 PM?", "\n3:01 AM\nWhat is 693 minutes before 4:05 PM?", "\n4:32 AM\nWhat is 181 minutes before 3:56 PM?", "\n12:55 PM\nHow many minutes are there between 5:41 PM and 5:52 PM?", "\n11\nWhat is 96 minutes before 6:37 PM?", "\n5:01 PM\nWhat is 54 minutes before 9:37 PM?", "\n8:43 PM\nHow many minutes are there between 9:37 PM and 12:54 AM?", "\n197\nHow many minutes are there between 1:54 PM and 10:21 PM?", "\n507\nWhat is 249 minutes before 11:20 PM?", "\n7:11 PM\nHow many minutes are there between 11:40 PM and 9:51 AM?", "\n611\nHow many minutes are there between 5:48 AM and 6:37 AM?", "\n49\nHow many minutes are there between 11:52 AM and 7:57 PM?", "\n485\nWhat is 532 minutes after 3:55 PM?", "\n12:47 AM\nHow many minutes are there between 1:28 AM and 2:59 AM?", "\n91\nWhat is 405 minutes after 12:34 AM?", "\n7:19 AM\nHow many minutes are there between 1:12 AM and 8:37 AM?", "\n445\nWhat is 568 minutes before 1:40 PM?", "\n4:12 AM\nWhat is 63 minutes after 3:37 AM?", "\n4:40 AM\nHow many minutes are there between 4:25 AM and 12:41 PM?", "\n496\nWhat is 444 minutes before 10:30 PM?", "\n3:06 PM\nWhat is 609 minutes after 12:38 PM?", "\n10:47 PM\nWhat is 107 minutes before 3:59 PM?", "\n2:12 PM\nHow many minutes are there between 5:46 AM and 4:51 PM?", "\n665\nWhat is 158 minutes after 9:43 AM?", "\n12:21 PM\nHow many minutes are there between 6:51 AM and 9:29 AM?", "\n158\nHow many minutes are there between 3:48 PM and 10:32 PM?", "\n404\nHow many minutes are there between 11:23 PM and 6:05 AM?", "\n402\nHow many minutes are there between 5:12 AM and 2:28 PM?", "\n556\nHow many minutes are there between 4:29 PM and 6:32 PM?", "\n123\nWhat is 372 minutes before 11:00 AM?", "\n4:48 AM\nWhat is 354 minutes before 10:05 PM?", "\n4:11 PM\n" ]
{ "pile_set_name": "DM Mathematics" }
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0.001103
156
[ "Circulating antibodies and antigenic cross-reactivity in Hendersonula toruloidea and Scytalidium hyalinum infections.", "\nTwelve (34%) of thirty-five patients with an active infection on the palms or soles caused by Hendersonula toruloidea or Scytalidium hyalinum were found to have circulating antibodies to these organisms by counter immunoelectrophoresis or immunodiffusion, compared with 9% of uninfected controls. ", "In every instance there was cross-reactivity between the positive patients' sera and the heterologous non-dermatophyte antigen. ", "Using crossed and intermediate gel immunoelectrophoresis it was found that cytoplasmic extracts of H. toruloidea and S. hyalinum showed 34 and 41 precipitin peaks respectively, most of which were shared by both organisms. ", "No cross-reactions were observed between the non-dermatophyte cytoplasmic extracts and hyperimmune animal antisera raised to Trichophyton rubrum, Trichophyton interdigitale, Aspergillus fumigatus or Candida albicans. ", "Exoantigens prepared from the two non-dermatophytes showed similar cross-reactivity between the two species. ", "It appears that H. toruloidea and S. hyalinum are very similar in antigenic structure, a finding which lends support to the view that they may be closely related. ", "They are also antigenically distinct from other pathogenic fungi which commonly infect skin, a fact which may be useful in their cultural identification as well as their recognition in tissue specimens." ]
{ "pile_set_name": "PubMed Abstracts" }
[ 0.0007775593549013138, 0.0008263820200227201, 0.000637475517578423, 0.0006501544266939163, 0.0015996783040463924, 0.0006637861370109022, 0.0006029661162756383, 0.000605073117185384 ]
0.000795
8
[ "Silk Rose Gold Butterfly is a fantastic keyboard theme with beautiful background. ", "Free download and apply this keyboard theme and Android stylized. ", "Silk Rose Gold Butterfly is designed to give you a faster and smoother mobile keyboard experience. ", "Also you can now express your emotions via messaging apps using the middle finger emoji, taco emoji, hot dog emoji, 100 sign emoji and can even send a unicorn face by this keyboard!!! ", "Download this Silk Rose Gold Butterfly keyboard theme and type faster than ever.", "\n\nYour keyboard looks totally luxury with this beautiful theme. ", "Download Touchpal theme and Try it out! ", "Silk Rose Gold Butterfly will let a plain keyboard into a beautiful and unique one. ", "Touchpal keyboard theme can be used for different IM applications, which mean Silk Rose Gold Butterfly can help you get more quickly in these apps.", "\n\nHow do I apply for Silk Rose Gold Butterfly keyboard theme?Note: You need to download TouchPal keyboard first.1) Download the theme and click the INSTALL button.2) Download \"TouchPal Keyboard\" from the Google Play Store. ", "If you have already installed \"TouchPal keyboard\", please click the \"APPLY\" button.3) \"keyboard\" installed and applied, Touchpal keyboard theme will automatically install on the phone." ]
{ "pile_set_name": "Pile-CC" }
[ 0.0005853909533470869, 0.0005596496048383415, 0.0005800754297524691, 0.09326061606407166, 0.0006493670516647398, 0.0006073886761441827, 0.00094363815151155, 0.0005860424716956913, 0.0005544202285818756, 0.0005865159910172224, 0.0005664922064170241 ]
0.009044
11
[ "Spatial and temporal analysis of the risks posed by polychlorinated biphenyl and metal contaminants in dab (Limanda limanda) collected from waters around England and Wales.", "\nThe metals cadmium, mercury and lead, and the ICES7 CB levels were analysed in the common dab Limanda limanda to investigate whether concentrations of these determinants are at levels above established OSPAR assessment criteria around England and Wales. ", "The results indicate that CB118 is above the OSPAR derived EAC at 22 out of 29 sampled stations, with 15 showing significant reductions. ", "Cadmium is increasing significantly at six stations with two sites in the North Sea breaching corresponding OSPAR EAC. ", "Mean results for all other PCBs and metals stayed below the EAC thresholds, with Hg concentrations even falling below BAC levels at South Eddystone located in the western English Channel. ", "This study shows that PCBs banned over 20years ago are still found at concentrations in fish liver tissues which may pose a health risk to both the individual fish and their predators." ]
{ "pile_set_name": "PubMed Abstracts" }
[ 0.0006752753397449851, 0.0005595127586275339, 0.000580412510316819, 0.000599972321651876, 0.0005714651779271662, 0.0007092339801602066 ]
0.000616
6
[ "The prognostic significance of intratumoral natural killer cells in patients with colorectal carcinoma.", "\nNatural killer (NK) cells have a spontaneous cytotoxic capacity-against tumor cells. ", "These cells represent a small proportion of human colon carcinoma-infiltrating lymphocytes. ", "Their prognostic significance in these tumors has yet to be determined. ", "One hundred and fifty-seven patients who each had a colectomy for large bowel adenocarcinoma were studied. ", "No patient received adjuvant therapy. ", "Immunohistochemical stains were performed for NK cells using the monoclonal antibody CD57. ", "The number of NK cells was counted using a MICRON image analyzer. ", "The total area studied for each tumor was 1 cm2. ", "In this area, 50 intratumoral fields of 0.173 mm2 were selected. ", "The degree of NK infiltration was classified as little (< 50 NK cells), moderate (50-150 NK cells), and extensive (> 150 NK cells). ", "The Kaplan-Meier method was used to obtain survival figures. ", "Multivariate analyses were performed using the Cox regression model. ", "At 5 years, patients with little and moderate NK infiltration showed significantly shorter survival rates (overall and disease free survival) than those with extensive infiltration (P < 0.01). ", "Three significant factors affecting survival were selected in a stepwise fashion in increasing order as follows: TNM stage, NK infiltration, and lymphocytic infiltration. ", "Patients with TNM Stage III disease and extensive NK infiltration showed significantly longer survival rates than those with little or moderate infiltration (P < 0.001). ", "In these patients, multivariate analysis using the Cox regression model identified two significant variables: number of involved lymph nodes and NK cells infiltration. ", "In patients with colorectal carcinoma, an extensive intratumoral infiltration of NK cells is associated with a favorable tumor outcome. ", "Intratumoral infiltration of NK cells can be used as a variable with prognostic value, especially in patients with TNM Stage III disease." ]
{ "pile_set_name": "PubMed Abstracts" }
[ 0.0012422677827998996, 0.0015348757151514292, 0.0027698720805346966, 0.0005846022395417094, 0.0012412125943228602, 0.000850481737870723, 0.0007431241101585329, 0.0006936381105333567, 0.0006658657221123576, 0.0007376365829259157, 0.0008073736098594964, 0.0006330804899334908, 0.0006631797878071666, 0.0007335424888879061, 0.0007841572514735162, 0.000734920147806406, 0.000970281136687845, 0.0012214971939101815, 0.000976176408585161 ]
0.000978
19
[ "<?", "php\n\n/*\n * This file is part of the Kreta package.", "\n *\n * (c) Beñat Espiña <benatespina@gmail.com>\n * (c) Gorka Laucirica <gorka.lauzirika@gmail.com>\n *\n * For the full copyright and license information, please view the LICENSE\n * file that was distributed with this source code.", "\n */\n\ndeclare(strict_types=1);\n\nnamespace Kreta\\TaskManager\\Domain\\Model\\Project;\n\nuse Kreta\\SharedKernel\\Domain\\Model\\Identity\\Id;\n\nclass ProjectId extends Id\n{\n public static function generate(?string $id = null) : ProjectId\n {\n return new static($id);\n }\n}\n" ]
{ "pile_set_name": "Github" }
[ 0.0010000212350860238, 0.0010551331797614694, 0.0006695629563182592, 0.0025351857766509056 ]
0.001315
4
[ "Shareholder\n\nA shareholder (also known as stockholder) is an individual or institution (including a corporation) that legally owns one or more shares of stock in a public or private corporation. ", "Shareholders may be referred to as members of a corporation. ", "By law, a person is not a shareholder in a corporation until their name and other details are entered in the corporation's register of shareholders or members. ", "\n\nThe influence of a shareholder on the business is determined by the shareholding percentage owned. ", "Shareholders of a corporation are legally separate from the corporation itself. ", "They are generally not liable for the debts of the corporation and the shareholders' liability for company debts are said to be limited to the unpaid share price unless if a shareholder has offered guarantees. ", "The corporation is not required to record the beneficial ownership of a shareholding, only the owner as recorded on the register. ", "When more than one person are on the record as owners of a shareholding, the first one on the record is taken to have control of the shareholding, and all correspondence and communication by the company will be with that person. ", "\n\nShareholders may have acquired their shares in the primary market by subscribing to the IPOs and thus provided capital to the corporation. ", "However, most shareholders acquire shares in the secondary market and provided no capital directly to the corporation. ", "Shareholders may be granted special privileges depending on a share class. ", "The board of directors of a corporation generally governs a corporation for the benefit of shareholders.", "\n\nShareholders are considered by some to be a subset of stakeholders, which may include anyone who has a direct or indirect interest in the business entity. ", "For example, employees, suppliers, customers, the community, etc., ", "are typically considered stakeholders because they contribute value or are impacted by the corporation.", "\n\nTypes \nA beneficial shareholder is the person that has the economic benefit of ownership of the shares, while a nominee shareholder is the person who is on the corporation's register as the owner while being in fact acting for the benefit and at the direction of the beneficiary, whether disclosed or not. ", "\n\nPrimarily, there are two types of shareholders.", "\n\nCommon shareholders \nAn individual or an institution can be a common shareholder who owns common shares within a company. ", "This type of shareholding is more common. ", "Common shareholders have the right to influence decisions concerning the company and can file class action lawsuits in case any wrongdoing happens.", "\n\nPreferred shareholders \nA preferred shareholder is rare. ", "In this, the shareholder is paid a fixed sum of dividend even before the common shareholders and they have no voting rights within the company.", "\n\nRights \nSubject to the applicable laws, the rules of the corporation and any shareholders' agreement, shareholders may have the right:\n\n to sell their shares.", "\n to vote on the directors nominated by the board of directors.", "\n to nominate directors (although this is very difficult in practice because of minority protections) and propose shareholder resolutions.", "\n to vote on mergers and changes to the corporate charter.", "\n to dividends if they are declared.", "\n to access certain information; for publicly traded companies, this information is normally publicly available.", "\n to sue the company for violation of fiduciary duty.", "\n to purchase new shares issued by the company.", "\n to file shareholder resolutions.", "\n to vote on shareholder resolutions.", "\n to vote on management proposals.", "\n to what assets remain after a liquidation.", "\n\nThe above-mentioned rights can be generally classified into (1) cash-flow rights and (2) voting rights. ", "While the value of shares is mainly driven by the cash-flow rights that they carry (\"cash is king\"), voting rights can also be valuable. ", "The value of shareholders' cash-flow rights can be computed by discounting future free cash flows. ", "The value of shareholders' voting rights can be computed by four methods:\n\n the difference between voting shares and non-voting shares (dual-class approach).", "\n the difference between the price paid in a block-trade transaction and the subsequent price paid in a smaller transaction on exchanges (block-trade approach).", "\n the implied voting value obtained from option prices.", "\n the excess lending fee over voting events.", "\n\nSee also\n\n Beneficial owner\n Business valuation\n Class action\n Class A share\n Class B share\n Corporate governance\n Investor\n Real party in interest\n Shareholder value\n\nReferences\n\nCategory:Business terms\n \nCategory:Stock market" ]
{ "pile_set_name": "Wikipedia (en)" }
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[ "Buy One Get One 50% Off Toys & Games At Barnes & Noble Online\n\nShop online at Barnes & Noble this weekend and take advantage of their Buy 1, Get 1 50% Off select toys and games deal, which includes TBS and many LEGO sets. ", "Plus, use code GIVETHANKS for 20% off of your order. ", "Thank you James for the alert!" ]
{ "pile_set_name": "Pile-CC" }
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[ "Deer and other wild game use their senses of smell, sight, and hearing to detect and avoid their natural enemies. ", "For most large game animals, their sense of smell is their greatest defense. ", "Deer and other trophy animals typically travel into the wind and rely on their sense of smell to warn them of danger. ", "Big trophy animals will avoid an area when they detect the presence of a human, or even when they detect that a human has been there. ", "What warns them is primarily human scent from a hunter being present and residual human scent on anything touched by the hunter's hands, clothing, boots, and equipment. ", "In addition, wild game can smell and avoid unnatural scents from weapons, tree stands, backpacks, and other hunting equipment and accessories. ", "These human and equipment scents tend to settle and pool, and then they are spread by the wind in the hunting area generally and particularly downwind of the hunters.", "\nTo make it harder to be detected by game, hunters often attempt to make themselves harder to smell. ", "Currently, hunters attempt to reduce human odors by wearing scent-blocking clothing (e.g., carbon suits) and/or applying masking scents (more-naturally occurring scents). ", "Scent-blocking clothing decreases the amount of odors released from the human body, but does not eliminate odors from the hunter's breath, uncovered body parts, weapons, or hunting equipment. ", "And masking human and other odors does not work well because most game can detect the underlying odors. ", "In addition, unscented soaps are often used for bathing and for washing clothing. ", "But this is a temporary solution, because the human body resumes emitting detectable levels of human scents in as little as 30 minutes afterward.", "\nAccordingly, there is a need for a way to eliminate human and other warning scents from a hunting area so that wild game cannot as easily detect hunters. ", "It is primarily to the provision of such a scent-elimination system that the present invention is directed." ]
{ "pile_set_name": "USPTO Backgrounds" }
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[ "(J Am Heart Assoc. ", "2016;5:e002157 doi: [10.1161/JAHA.115.002157](10.1161/JAHA.115.002157))\n\nAccompanying Appendix S1, which lists the members of the China PEACE‐Retrospective AMI Study Site Investigators by Hospital and China PEACE Study Consultants, Tables S1 through S3, Figure S1, and Data S1 are available at <http://jaha.ahajournals.org/content/5/2/e003012/suppl/DC1>\n\nIntroduction {#jah31324-sec-0005}\n============\n\nAs part of China\\'s epidemiologic transition to higher rates of noncommunicable diseases, women, like men, are experiencing a rapid increase in the incidence of acute myocardial infarction (AMI) and AMI‐related mortality,[1](#jah31324-bib-0001){ref-type=\"ref\"} as seen in other low‐ and middle‐income countries.[2](#jah31324-bib-0002){ref-type=\"ref\"} In addition, the China Patient‐centered Evaluative Assessment of Cardiac Events (PEACE) study demonstrated sex differences in mortality with women at higher risk of death in younger age groups.[3](#jah31324-bib-0003){ref-type=\"ref\"} Yet, much less is known about whether sex differences in clinical profiles and care quality differ between men and women and, if so, whether these differences are explained by age, and how they change over time.", "\n\nUnderstanding sex differences in the clinical presentation and quality of care for high‐impact conditions like AMI is instrumental to the prioritization of resources for quality improvement programs. ", "A recognition of sex differences in the treatment of myocardial infarction in the late 1990s and early 2000s[4](#jah31324-bib-0004){ref-type=\"ref\"}, [5](#jah31324-bib-0005){ref-type=\"ref\"}, [6](#jah31324-bib-0006){ref-type=\"ref\"} in the United States led to national campaigns[7](#jah31324-bib-0007){ref-type=\"ref\"} and female‐specific guidelines.[8](#jah31324-bib-0008){ref-type=\"ref\"}, [9](#jah31324-bib-0009){ref-type=\"ref\"}, [10](#jah31324-bib-0010){ref-type=\"ref\"} Subsequently, sex gaps in care have narrowed over time.[5](#jah31324-bib-0005){ref-type=\"ref\"}, [11](#jah31324-bib-0011){ref-type=\"ref\"} Previous studies in China demonstrate similar sex differences in treatment of comorbidities and outcomes.[3](#jah31324-bib-0003){ref-type=\"ref\"}, [12](#jah31324-bib-0012){ref-type=\"ref\"}, [13](#jah31324-bib-0013){ref-type=\"ref\"}, [14](#jah31324-bib-0014){ref-type=\"ref\"} However, these studies were generally limited to single sites or centers located predominantly in urban areas and examined single points in time, warranting a national perspective on sex differences in clinical presentation and quality of care in China.[12](#jah31324-bib-0012){ref-type=\"ref\"}, [13](#jah31324-bib-0013){ref-type=\"ref\"} Moreover, given that women are older than men at the time of an AMI,[3](#jah31324-bib-0003){ref-type=\"ref\"}, [15](#jah31324-bib-0015){ref-type=\"ref\"} it remains unknown whether these differences could be explained by age or how sex‐based differences have changed over the last decade during improved access and healthcare quality in China.[16](#jah31324-bib-0016){ref-type=\"ref\"}\n\nTo provide insights into differences in patient characteristics and quality of care over time between men and women, we analyzed data from the China PEACE Retrospective AMI Study,[17](#jah31324-bib-0017){ref-type=\"ref\"} which included a random nationally representative sample of patients with AMI from 63 urban and 99 rural hospitals across China in 2001, 2006, and 2011. ", "We have previously shown women in the younger age group had higher in‐hospital mortality. ", "In this study, our primary aim is to investigate sex differences in the presenting characteristics and quality of care of patients with ST‐segment elevation myocardial infarction (STEMI), whether these differences could be accounted for by age, and to examine temporal trends.", "\n\nMethods {#jah31324-sec-0006}\n=======\n\nStudy Design {#jah31324-sec-0007}\n------------\n\nThe objectives, scope, and purpose of the China PEACE Retrospective AMI Study have been described previously.[17](#jah31324-bib-0017){ref-type=\"ref\"} In brief, using 2‐stage random sampling, a nationally representative sample of patients admitted with AMI in 2001, 2006, and 2011 was obtained. ", "We stratified the hospitals into 5 economic--geographical regions (eastern rural, central rural, western rural, eastern urban, and central--western urban) since hospital volumes and clinical capacities differ between urban and rural areas and between the 3 official economic--geographical regions (eastern, central, and western) of China. ", "We used systematic random sampling procedures to select patients with AMI from the local hospital database of each sampled hospital in each study year. ", "We used version 9 (410.xx) and version 10 (I21.xx; when available) ICD codes to screen for possible cases of AMI. ", "These cases were then further confirmed by clinical record assessment. ", "Detailed clinical data were then collected by data abstraction to identify those cases that represented initial AMI episodes according to the definition in the 2010 China National Guideline for STEMI.[18](#jah31324-bib-0018){ref-type=\"ref\"} The central ethics committee at the National Center for Cardiovascular Diseases approved the study. ", "All collaborating hospitals either accepted central ethics approval or obtained local approval by internal ethics committees. ", "Because of the nature of the retrospective study, the requirement of informed consent was waived.", "\n\nStudy Sample {#jah31324-sec-0008}\n------------\n\nOnly patients with a definite discharge diagnosis of STEMI (with or without prior cardiovascular disease) were eligible for inclusion in this study. ", "The diagnosis of STEMI was determined by the combination of clinical discharge diagnosis terms and ECG results. ", "The type of AMI was validated by review of ECG from randomly selected records by a cardiologist not involved in data abstraction, and there was a 94.7% concordance in the selected cases (Table S1). ", "We excluded all patients whose STEMI occurred during the course of the hospitalization and those who were transferred in, transferred out, and were discharged alive in the first 24 hours of admission (Figure S1).", "\n\nData Collection and Measures {#jah31324-sec-0009}\n----------------------------\n\nWe collected data by central abstraction of medical charts with use of standardized data definitions, including patient characteristics (age, cardiovascular risk factors, clinical characteristics on presentation, and treatments) and hospital‐level characteristics (acuity level, teaching status, percutaneous coronary intervention \\[PCI\\] capability). ", "We compared time from symptom onset to admission between men and women, which included both prehospital delay and time from arrival to admission. ", "Admission was used to track the time of presentation because we lacked information about time to presentation at the hospital. ", "We evaluated the use of treatments recommended by the 2010 National Guideline for STEMI,[18](#jah31324-bib-0018){ref-type=\"ref\"} which are consistent with 2007 U.S. guidelines.[19](#jah31324-bib-0019){ref-type=\"ref\"} Rates of utilization were assessed only in patients considered to be ideal for the treatment, defined as patients without accepted contraindications. ", "Criteria identifying ideal candidates for guideline‐concordant therapies are detailed in Data S1. ", "For the calculation of rates of diagnostic catheterization and PCI, we restricted our study group to patients admitted to facilities capable of performing PCI.", "\n\nStatistical Analysis {#jah31324-sec-0010}\n--------------------\n\nTo estimate nationally representative rates of hospitals admission in men and women for each study year, we applied weights proportional to the inverse sampling fraction of hospitals within each stratum and the sampling fraction of patients within each hospital, to account for differences in the sampling fraction for each period. ", "Patient characteristics and treatments were compared between women and men, both overall and across the 3 study years (2001, 2006, and 2011). ", "Categorical and continuous variables were summarized by percentages and medians (interquartile range), respectively, and compared using the χ^2^ tests and Student *t* tests, respectively. ", "To examine trends across the different study periods for each sex, we used the Mann--Kendall test for continuous variables and the Cochran--Armitage test for categorical variables. ", "We investigated the association between sex and the prevalence of cardiovascular risk factors, adjusted for age in logistic regression models. ", "To examine the association between sex and treatment received, we also adjusted for age and other baseline characteristics as listed in Table [1](#jah31324-tbl-0001){ref-type=\"table-wrap\"} using multivariable logistic models. ", "We included the 2‐way interaction term sex×year in the regression model to assess whether sex differences in presenting characteristics and treatment varied by study year. ", "All statistical analyses were performed using SAS software (version 9.2, SAS Institute, Cary, NC).", "\n\n###### \n\nPatient Characteristics According to Sex and Study Year\n\n Characteristic Men, %[a](#jah31324-note-0004){ref-type=\"fn\"} *P* for Trends Women, %[a](#jah31324-note-0004){ref-type=\"fn\"} *P* for Trends \n -------------------------------------------------------------------- ----------------------------------------------- ------------------- ------------------------------------------------- ---------------- ------------------- ------------------- -------------------- ----------\n Demographic \n Age, y[b](#jah31324-note-0005){ref-type=\"fn\"} 63 (53, 70) 64 (54, 73) 63 (53, 73) 0.476 68 (62, 74) 71 (65, 76) 72 (64, 78) \\<0.0001\n Cardiovascular risk factors \n Hypertension 38.8 45.9 47.3 \\<0.0001 47.8 53.4 60.6 \\<0.0001\n Diabetes 11 15.4 18.3 \\<0.0001 21.1 25.8 26.9 0.010\n Current smoker 38.7 41.3 48 \\<0.0001 6 9 11.9 \\<0.0001\n Medical history \n Coronary heart disease 22.6 19.1 20.5 0.355 26.2 22.2 21.8 0.054\n Myocardial infarction 10.3 9.7 11.6 0.058 9.5 8.8 9.3 0.970\n PCI 0.4 0.9 2.7 \\<0.0001 0.9 0.9 1.5 0.138\n Stroke 9.2 10.3 11.5 0.010 10 11.7 13.9 0.070\n Symptom onset to admission, hour \n \\<6 42.2 40.9 41.3 0.467 30.9 34.1 36.9 0.003\n 6 to 12 hours 8.9 9.6 10.5 0.027 10.7 12.5 11.3 0.921\n \\>12 hours 48.9 49.5 48.1 0.430 58.3 53.4 51.7 0.008\n Clinical characteristics \n Chest discomfort 93.1 93.2 93.4 0.652 91.2 89.7 89.3 0.219\n Cardiogenic shock 3.4 5.5 6 0.0005 6.2 7.6 7.9 0.205\n Cardiac arrest 0.9 1.3 1.5 0.078 0.7 0.8 1.1 0.335\n Acute stroke 0.7 1.5 1 0.930 1.1 2.6 1.1 0.318\n Heart rate ≥100 bpm[b](#jah31324-note-0005){ref-type=\"fn\"} 15.7 14.8 11.6 \\<0.0001 20.2 22.0 18.4 0.098\n SBP ≥140 mm Hg[b](#jah31324-note-0005){ref-type=\"fn\"} 31.3 31.4 32.6 0.256 37.3 39.3 39.7 0.326\n LDL‐C level \n \\<130 35.2 55.8 67.6 \\<0.0001 25.8 50.1 59.3 \\<0.0001\n ≥130 11.7 15.4 18.2 \\<0.0001 12.8 18.5 22.4 \\<0.0001\n Unrecorded 53.2 28.7 14.2 \\<0.0001 61.3 31.4 18.3 \\<0.0001\n eGFR, mL/min per 1.73 m^2^ [b](#jah31324-note-0005){ref-type=\"fn\"} 75.5 (60.0, 94.6) 77.9 (61.7, 97.9) 88.1 (68.9, 109.8) \\<0.0001 63.7 (49.1, 81.9) 66.4 (48.2, 84.2) 76.1 (55.7, 100.1) \\<0.0001\n Hospital characteristics \n Teaching hospital 85 80.6 80.1 0.0001 83.5 79.7 77.8 0.003\n PCI‐capable hospital 32.8 55.1 72.9 \\<0.0001 34.3 52.6 69 \\<0.0001\n Hospital with CCU 81.1 76.3 79.4 0.952 78.6 77.4 78.6 0.791\n Economic--geographic region \n Central 19.5 21 23.2 \\<0.0001 16.9 17.9 22 \\<0.0001\n Eastern 65.7 58.4 54.7 \\<0.0001 71.5 63.3 59.3 \\<0.0001\n Western 14.8 20.6 22.1 \\<0.0001 11.6 18.8 18.7 \\<0.0001\n Urban/rural \n Urban 63.9 60.6 63.4 0.586 64 60.9 57.9 0.006\n Rural 36.1 39.4 36.6 36 39.1 42.1 \n\nCCU indicates cardiac care unit; eGFR, estimated glomerular filtration rate; LDL‐C, low‐density lipoprotein cholesterol; PCI, percutaneous coronary intervention; SBP, systolic blood pressure.", "\n\nUnless otherwise indicated.", "\n\nContinuous variables displayed as median values with interquartile range.", "\n\nResults {#jah31324-sec-0011}\n=======\n\nStudy Sample {#jah31324-sec-0012}\n------------\n\nWe sampled 18 631 cases, from which 18 110 (97.2%) had available records. ", "We excluded 6645 cases that did not meet inclusion criteria, resulting in a study sample of 11, 986 patients with STEMI (Figure S1). ", "There were 1364, 2541, and 4507 men (representing 29 094, 65 370, and 120 991 male patients nationally in weighted estimates) and 569, 1040, and 1965 women (representing 12 134, 27 098, and 53 585 female patients nationally in weighted estimates) in 2001, 2006, and 2011, respectively. ", "Hospital admissions for STEMI per 100 000 people increased 4.2‐fold in men (4.6 in 2001, 10.0 in 2006, and 18.0 in 2011) and 3.9‐fold in women (1.9 in 2001, 4.1 in 2006, and 8.0 in 2011).", "\n\nPatients Characteristics {#jah31324-sec-0013}\n------------------------\n\nFrom 2001 to 2011, the median age of patients increased from 68 to 72 years in women (*P* ~trend~\\<0.001) but remained stable in men (63 years in 2011) (*P* ~trend~=0.48). ", "The proportions of men and women aged ≥80 years old significantly increased over time (Figure [1](#jah31324-fig-0001){ref-type=\"fig\"}). ", "The prevalence of cardiovascular risk factors increased over time for both women and men. ", "Women had a higher prevalence of hypertension, diabetes mellitus, and coronary heart disease in each time period (*P*\\<0.001 for all comparisons) (Table [1](#jah31324-tbl-0001){ref-type=\"table-wrap\"}). ", "Similar findings were also found in the age‐adjusted results (Figure [2](#jah31324-fig-0002){ref-type=\"fig\"}). ", "In addition, sex differences in the prevalence of hypertension increased from 2001 to 2011, with women having a higher prevalence. ", "However, sex differences in the prevalence of diabetes remained stable. ", "Although there was no significant sex difference in those with a low‐density lipoprotein cholesterol \\>130 mg/dL in 2001, this risk factor was more prevalent in women in later time periods (Figure [2](#jah31324-fig-0002){ref-type=\"fig\"}). ", "Women were hospitalized less often in tertiary care hospitals and hospitals with the capacity to perform PCI.", "\n\n![", "Age distribution of the study sample according to sex and year.](JAH3-5-e002157-g001){#jah31324-fig-0001}\n\n![", "Temporal trends of age‐adjusted results in sex differences in cardiovascular risk factors. ", "LDL‐C indicates low‐density lipoprotein cholesterol; OR, odds ratio.](JAH3-5-e002157-g002){#jah31324-fig-0002}\n\nWomen were consistently were more likely to have systolic blood pressure over 140 mm Hg and heart rate over 100 bpm. ", "Comparing 2001, 2006, and 2011, sex differences in heart rate \\>100 bpm increased, yet differences in the presence of systolic blood pressure measurements did not change. ", "Although there were significant sex differences in the time interval of \\>12 hours between symptom onset and admission time in 2001, since 2006 delays in presentation were comparable between women and men (Figure [3](#jah31324-fig-0003){ref-type=\"fig\"}). ", "The age‐adjusted results showed that there was no sex difference in chest discomfort in 2001 and 2006, but not 2011.", "\n\n![", "Temporal trends of age‐adjusted results in sex differences in presenting characteristics. ", "HR indicates heart rate; OR, odds ratio; SBP, systolic blood pressure.](JAH3-5-e002157-g003){#jah31324-fig-0003}\n\nTreatment Among Ideal Candidates {#jah31324-sec-0014}\n--------------------------------\n\nThe proportion of ideal patients for aspirin, clopidogrel, β‐blocker, angiotensin‐converting enzyme inhibitor/angiotensin II receptor blocker, and statin treatments remained unchanged over time in both sex groups (Table S2). ", "Although the proportion of women ideal for reperfusion therapy increased significantly over the last decade (from 35.7% in 2001 to 43.0% in 2011, *P* ~trend~=0.001), they remained less likely than men (48.2%) to be ideal patients for reperfusion therapy in 2011.", "\n\nOverall, differences in treatment were consistently observed over the study period. ", "The absolute differences between men and women receiving fibrinolytic therapy, primary PCI, or any reperfusion therapy were 6.7%, 5.5%, and 13.2% in 2011, respectively. ", "In addition, any coronary angiography and nonprimary PCI were performed less commonly during initial AMI hospitalization in women in all time periods. ", "Fewer women received aspirin or clopidogrel within 24 hours of admission (Table [2](#jah31324-tbl-0002){ref-type=\"table-wrap\"}). ", "After adjusting for age and other baseline characteristics, women without contraindications to treatment were significantly less likely to receive reperfusion therapy, coronary angiography, and nonprimary PCI in all time periods (Table S3). ", "No significant sex differences were observed in the administration of other examined medications, including β‐blocker, angiotensin‐converting enzyme inhibitor/ angiotensin II receptor blocker, and statin. ", "Between 2001 and 2011, sex differences in treatment persisted, and in some cases widened. ", "In particular, sex differences in the utilization of primary PCI increased (Figure [4](#jah31324-fig-0004){ref-type=\"fig\"}).", "\n\n###### \n\nIn‐Hospital Treatments Among Ideal Patients According to Sex and Year\n\n Characteristic Overall, N (%) *P* Value Men, % *P* for Trends Women, % *P* for Trends \n ------------------------------------------------------------------------------------------------------ ---------------- ------------- ---------- ---------------- ---------- ---------------- ---------- ------ ------ ------ ----------\n Acute medication \n Aspirin ≤24 hours[a](#jah31324-note-0006){ref-type=\"fn\"} 7023 (88.8) 2765 (85.9) \\<0.0001 81.1 87.7 91.8 \\<0.0001 78.0 85.0 88.8 \\<0.0001\n Clopidogrel ≤24 hours[a](#jah31324-note-0006){ref-type=\"fn\"} 4454 (56.9) 1679 (52.5) \\<0.0001 1.4 44.3 80 \\<0.0001 0.8 36.5 75.5 \\<0.0001\n β‐Blockers ≤24 hours[a](#jah31324-note-0006){ref-type=\"fn\"} 2371 (56.8) 770 (52.6) 0.005 47.8 62.7 56.1 0.095 46.4 54.8 53.1 0.202\n ACE‐inhibitor/ARB[a](#jah31324-note-0006){ref-type=\"fn\"} ^,^ [b](#jah31324-note-0007){ref-type=\"fn\"} 5073 (65.8) 1994 (63.8) 0.044 60.8 69.6 65.2 0.214 59.2 66.7 63.6 0.332\n Statin[a](#jah31324-note-0006){ref-type=\"fn\"} ^,^ [b](#jah31324-note-0007){ref-type=\"fn\"} 6180 (76.5) 2476 (75.1) 0.117 30.3 75.0 91.5 \\<0.0001 27.8 72.6 90.4 \\<0.0001\n Reperfusion therapy[b](#jah31324-note-0007){ref-type=\"fn\"} \n With reperfusion 2289 (57.5) 646 (44.2) \\<0.0001 56.3 58.0 57.6 0.702 47.3 42.2 44.4 0.758\n Primary PCI 757 (19.0) 203 (13.9) \\<0.0001 8.7 15.1 24.2 \\<0.0001 8.4 8.9 17.7 \\<0.0001\n Fibrinolytic therapy 1535 (38.6) 443 (30.3) \\<0.0001 47.7 43.0 33.5 \\<0.0001 38.9 33.3 26.8 0.0002\n Procedure[c](#jah31324-note-0008){ref-type=\"fn\"} \n Nonprimary PCI 1117 (21.8) 299 (14.3) \\<0.0001 9.6 19.4 24.4 \\<0.0001 5.6 10.2 17.1 \\<0.0001\n Cardiac catheterization 2414 (47.0) 669 (31.9) \\<0.0001 34.2 41.7 51.1 \\<0.0001 26.2 25.0 35.5 \\<0.0001\n\nACE, angiotensin‐converting enzyme; ARB, angiotensin II receptor blocker; PCI, percutaneous coronary intervention.", "\n\nOnly among patients without contraindications for the treatment.", "\n\nDuring hospitalization.", "\n\nOnly among patients admitted into a hospital capable of PCI.", "\n\n![", "Temporal trends of sex differences in reperfusion therapy among ideal candidates. ", "A, Primary PCI. ", "B, Fibrinolytic therapy. ", "C, Any reperfusion. ", "PCI indicates percutaneous coronary intervention.](JAH3-5-e002157-g004){#jah31324-fig-0004}\n\nDiscussion {#jah31324-sec-0015}\n==========\n\nIn this large, national study in China of hospitalization for STEMI, we found marked sex differences in clinical profiles and quality of care. ", "Women, who experienced a slightly higher increase (4.2‐fold versus 3.9‐fold) in STEMI over the study period, were older, had greater comorbidities, and were less likely to be ideal patients for many evidence‐based therapies. ", "Among ideal patients, women were significantly less likely to receive a revascularization strategy (including fibrinolysis or cardiac catheterization with or without PCI), even after accounting for differences in clinical profiles. ", "These sex‐based differences in patient characteristics and hospital care did not change significantly over the past decade, underscoring the need to specifically address these findings with quality improvement efforts.", "\n\nWe had previously shown in the China PEACE study that the risk of mortality was age dependent and most pronounced among younger women (\\<70 years of age) with STEMI, even after accounting for differences in clinical presentation and treatments.[3](#jah31324-bib-0003){ref-type=\"ref\"} However, we had not investigated temporal trends in sex differences as they relate to patient characteristics and receipt of evidence‐based therapies in STEMI. ", "We found that even after adjusting for age, with the exception of smoking, a predominantly male activity in China,[20](#jah31324-bib-0020){ref-type=\"ref\"} risk factors including greater age, diabetes, hypertension, and dyslipidemia were more common in women presenting with STEMI. ", "These are consistent with prior national and international studies.[21](#jah31324-bib-0021){ref-type=\"ref\"}, [22](#jah31324-bib-0022){ref-type=\"ref\"}\n\nThe clinical presentation of women differed from men. ", "Indeed, half of the women in our study presented outside the time window for reperfusion therapy, which is consistent over the last decade. ", "However, we did observe a decrease in the delay to admission among women, and sex differences in the time interval of \\>12 hours between symptom onset and admission time disappeared since 2006, which might partly be due to improved healthcare accessibility for women in China.[23](#jah31324-bib-0023){ref-type=\"ref\"}\n\nWhile the quality of care improved for both men and women, significant sex gaps exist and have not improved over time. ", "Significantly fewer women received a reperfusion strategy, even when they presented promptly for treatment. ", "Additionally, among patients deemed to be ideal candidates, women were less likely than men to receive aspirin and clopidogrel. ", "Sex differences in treatment response have not been supported by the literature; rather, prior studies indicate that both women and men derive similar reductions in morbidity and mortality with the prescriptions of aspirin, clopidogrel, and with invasive cardiac procedures,[4](#jah31324-bib-0004){ref-type=\"ref\"} and guidelines do not recommend differential use of these therapies based upon sex. ", "The disparities in care identified in this study require full‐scale investigation into clinical decision‐making and targeted efforts to diminish such disparities.", "\n\nThe rising burden of modifiable cardiovascular risk factors among women will require local and national efforts to advance primary and secondary prevention strategies; such efforts may need to directly target women at high risk of heart attack. ", "The marked underutilization of coronary catheterization and reperfusion therapy should prompt quality improvement efforts to ensure that the evidence‐based management of STEMI is rigorously applied in patients of both sexes.[24](#jah31324-bib-0024){ref-type=\"ref\"} In the interim, large‐scale educational initiatives targeting women should be implemented in both pre‐hospital and in‐hospital settings to increase women\\'s and their health providers' awareness of cardiovascular disease and recognition of symptoms of AMI,[25](#jah31324-bib-0025){ref-type=\"ref\"}which has been proven to be effective in the Go Red for Women campaign, which was initiated in the United States.[25](#jah31324-bib-0025){ref-type=\"ref\"} Ultimately, dispelling myths (or old assumptions) and improving awareness is difficult and will require innovative, multipronged efforts.", "\n\nLimitations {#jah31324-sec-0016}\n-----------\n\nThe results of our study should be interpreted with consideration of several limitations. ", "First, residual confounding of measured or unmeasured variables might affect the observed results. ", "However, we accounted for traditional clinical factors common among risk models predicting early mortality. ", "Second, given that relatively few patients underwent a cardiac catheterization, we were not able to adjust our analysis to account for the severity and extent of coronary artery diseases that might contribute to the sex differences in mortality.[26](#jah31324-bib-0026){ref-type=\"ref\"} However, these data are not typically included in risk‐adjusted models, and it is not clear that anatomy would affect in‐hospital mortality differently in men and women.", "\n\nConclusions {#jah31324-sec-0017}\n===========\n\nIn a large, nationally representative observational study in China, women hospitalized with STEMI were older, had greater delays in care seeking, more comorbidities, and worse disease severity than men. ", "Moreover, women were less likely to be candidates for, and less likely to receive, evidence‐based therapies as compared with men. ", "These disparities have changed little over the past decade despite large‐scale efforts to increase access and quality. ", "These findings underscore the need for improved systems to ensure the prompt diagnosis and use of evidence‐based treatments for women with STEMI, particularly with respect to reperfusion therapies.", "\n\nSources of Funding {#jah31324-sec-0019}\n==================\n\nThis project was partly supported by the Research Special Fund for Public Welfare Industry of Health (201202025) from National Health and Family Planning Commission of China, and the National Key Technology R&D Program (2013BAI09B01) from the Ministry of Science and Technology of China. ", "Xue Du is funded by China Scholarship Council (2014). ", "Dr Krumholz is supported by grant U01 HL105270‐03 (Center for Cardiovascular Outcomes Research at Yale University) from the National Heart, Lung, and Blood Institute. ", "The sponsors had no role in the conduct of the study; in the collection, management, analysis, and interpretation of the data; or in the preparation or approval of the manuscript.", "\n\nDisclosures {#jah31324-sec-0020}\n===========\n\nDr Krumholz reports being the recipient of research grants from Medtronic and Johnson & Johnson, through Yale University, to develop methods of clinical trial data sharing. ", "Dr Krumholz reports that he is the chair of a cardiac scientific advisory board for United Health. ", "Dr Masoudi receives salary support from the American College of Cardiology for his role as the Senior Medical Officer of the National Cardiovascular Data Registries. ", "The authors declare no other relevant conflicts of interest.", "\n\nSupporting information\n======================\n\n###### \n\n**Appendix S1.** ", "China PEACE‐Retrospective AMI Study Site Investigators by Hospital
China PEACE Study Consultants\n\n**Table S1.** ", "Validation of Acute Myocardial Infarction (AMI) Type (ST‐Segment Elevation Myocardial Infarction or Non ST‐Segment Elevation Myocardial Infarction)\n\n**Figure S1.** ", "Study cohort.", "\n\n**Data S1.** ", "Definitions for ideal candidates for the treatments.", "\n\n**Table S2.** ", "Proportions of Patients Ideal for Treatments by Sex and Year\n\n**Table S3.** ", "Age and Fully Adjusted Odds Ratios (Women Compared With Men) of Treatments During Hospitalization\n\n###### \n\nClick here for additional data file.", "\n\nWe appreciate the multiple contributions made by study teams at the China Oxford Centre for International Health Research and the Yale‐New Haven Hospital Center for Outcomes Research and Evaluation in the realms of study design and operations, particularly the data collection by Yi Pi, Jiamin Liu, Wuhanbilige Hundei, Haibo Zhang, Lijuan Zhan, Lihua Zhang, and Wenchi Guan. ", "We appreciate the advice by Yongfei Wang, Zhenqiu Lin, Shuxia Li, and Haiqun Lin.", "\n\n[^1]: Dr Krumholz and Dr Jiang are joint senior authors.", "\n" ]
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[ "Ring Sprinkler - Green - Melnor\n\nFind watering cans: hoses and supplies at Target.com! ", "The Ring Sprinkler from Melnor is a gardener's best friend. ", "This ring-shaped sprinkler head allows you to gently water all of the hard-to-reach spots in your garden and lawn. ", "The plastic sprinkler is lightweight and easy to move and the spray is gentle enough even for shorter flowers. ", "Color: Green." ]
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[ "Big Bopper Jr. dies in Katy\n\nThe Big Bopper Jr. (Photo: AP) The Big Bopper Jr. (Photo: AP) Image 1 of / 1 Caption Close Big Bopper Jr. dies in Katy 1 / 1 Back to Gallery\n\nJay P. Richardson, son of early rock 'n' roll star \"The Big Bopper,\" died this morning in Katy \"after a long hard fight,\" according to his father's website.", "\n\n\"Known around the world as 'Big Bopper JR,' JP was, in fact, the son of the legendary rock 'n roll artist, The Big Bopper, who is most well known as the singer of 'Chantilly Lace.' ", "JP never got to know his dad because he was born some 80 days after his father was killed in a plane crash in Mason City, Iowa, after a performance at the Surf Ballroom in Clear Lake, Iowa - a crash that also took the lives of Buddy Holly and Ritchie Valens and became known as 'The Day The Music Died.'", "\n\n\"Jay is survived by his wife Patty, sons Jay Jr. and Thomas, daughter Ashlyn, her husband Kevin Ray Adams, and grandchildren, including granddaughters Hadley and Justine, and grandson Jimmy.", "\n\n\"Please keep JP and the Richardson family in your thoughts and prayers during this time. ", "And if you'd like to send cards of sympathy or other fond memories, please send them to:\n\nBig Bopper Music\n\nP.O. Box 6926\n\nKaty, TX 77491\"\n\nRichardson, 54, had a heart pump installed in June. ", "Information on services and a memorial is pending.", "\n\nThe Big Bopper (Jiles Perry Richardson, Jr.) was born in Sabine Pass and is best-known for the classic \"Chantilly Lace.\" ", "He was killed Feb. 3, 1959 in a plane crash alongside Buddy Holly and Ritchie Valens.", "\n\nThe younger Richardson, who was born two months after his father's death, opened the Little Bopper Nightclub in 1991 in Katy. ", "As recent as this year, he toured the country singing his father's songs on some of the same legendary stages. ", "Richardson's 1997 CD, \"The Legacy of the Big Bopper,\" featured covers of \"Chantilly Lace,\" \"Big Bopper's Wedding\" and \"White Lightning.\"", "\n\nRichardson had his father's casket exhumed in 2007 from Forest Lawn Cemetery in Beaumont so a forensic anthropologist could confirm the cause of death. ", "He was reburied in a new casket." ]
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[ "independent thoughts on alternative music\n\nMenu\n\nPREVIEW: KISHI BASHI at THE BASEMENT EAST on 4/7/17\n\nViolin virtuoso K Ishibashi, who creates glorious, heavenly music under the moniker Kishi Bashi, is riding the wave of success from his latest release, Sonderlust.", "\n\nWhen the time came to make a new album, Ishibashi found himself at a musical impasse, and constant touring had taken a heavy toll on his marriage and his family. ", "As a result, he submerged himself in the creative process to make Sonderlust. ", "The album shimmers, its sound inspires an almost involuntary sense of optimism, yet it was one forged through heartbreak. ", "The record showcased somewhat of a departure sound-wise from his previous releases, featuring a more groovy, electronic style. “", "I got really into some sample manipulation in the program called Ableton Live that a lot of electronic producers use,” he explains. “", "Once I decided that it was okay to not have a violin-centric album, I quickly dove into making new songs this way. ", "Chris Taylor, the producer I worked with, helped me to keep things simple and to reaffirm my vision for the album. ", "I was lucky enough to record my friend and legendary drummer Matt Chamberlain in his studio. ", "I love working with talented people,” he adds. “", "It really helps me to push myself on my own creativity.”", "\n\nNow, with a renewed sense of spirit and an amazing record to prove it, Ishibashi is on tour spreading the light and love to the eager masses, and set to perform tonight at Nashville venue Basement East. “", "I love performing for people and to make my listeners happy, so touring, I see, is something that is part of my job,” he explains. “", "The responsibility to my fans is very important. ", "I just have to make sure that my family understands that. ", "My wife gets mad when I drink too much and don’t call very much, which I’m working on!”", "\n\n“This album is straight from my soul,” he continues. “", "I questioned everything about what it means to love and desire—the difference between loving someone and being in love. ", "I’m in a much better place now than I was when I was making the album,” he adds. “", "I’ve learned that with time, your heart can heal.”" ]
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[ "Effect of the in vitro maturation medium on equine oocytes: comparison of follicular fluid and oestrous mare serum.", "\nThe present study evaluated the effect of supplementing the medium used to mature equine oocytes in vitro with oestrous mare serum (EMS) or horse follicular fluid (HFF). ", "To this end, 144 ovaries were obtained from mares aged 16-21 months and transported to the laboratory in Dulbecco's phosphate buffered saline (D-PBS) at 30 degrees C. Oocytes were harvested from the ovaries by slicing, and then selected for in vitro maturation (IVM) according to the number of cumulus cell layers and the characteristics of the cytoplasm. ", "The selected oocytes were washed three times in TCM199 medium plus HEPES (TCM-199H) or in the same medium plus glutamine (TCM-199G), then matured in vitro in six study groups established according to the in vitro maturation (IVM) treatment to see possible interactions between HEPES and glutamine on other supplements: Ten percent EMS was added to two of these media (TCM-199H+EMS and TCM-199G+EMS) and 10% HFF was added to the media in two other groups (TCM-199H+HFF and TCM-199G+HFF). ", "IVM was performed at 38.5 degrees C for 40 h in a controlled atmosphere (5% CO2, 95% relative humidity). ", "The findings indicate that the presence of EMS or HFF in the TCM-199H medium gives rise to the best results in terms of the proportions of oocytes reaching maturity (37.7% and 36.8%, respectively). ", "The values obtained with EMS and HFF were statistically similar to each other but differed from the other treatments. ", "The media containing glutamine led to the highest proportions of degenerated oocytes." ]
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[ "Background {#Sec1}\n==========\n\nClassically, randomised controlled trials (RCTs) are considered the gold standard for demonstrating product efficacy for the regulatory approval of medicines. ", "However, as personalised medicine becomes increasingly common, patient recruitment into RCTs is affected and -- sometimes -- it is not possible to include a control arm \\[[@CR1]\\].", "\n\nReal-world data (RWD) are data that are collected outside of RCTs \\[[@CR2]\\]. ", "They are gaining increasing attention for their use in regulatory decision-making. ", "The United States twenty-first Century Cures Act mandated that the US Food and Drug Administration (FDA) should provide guidance about the circumstances under which manufacturers can use RWD to support the approval of a medicine. ", "More recently, investigators from the European Medicines Agency (EMA) detailed their views on this topic \\[[@CR3]\\].", "\n\nRWD for regulatory approval: opportunities and challenges {#Sec2}\n---------------------------------------------------------\n\nEichler et al., ", "from the EMA, state that, \"the RCT will, in our view, remain the best available standard and be required in many circumstances, but will need to be complemented by other methodologies to address research questions where a traditional RCT may be unfeasible or unethical.\" ", "Thus, the gauntlet has been laid down for RWD to be used to support European regulatory approval. ", "Indeed, RWD has been used by the EMA to approve several medicines for rare/orphan indications \\[[@CR4]\\]. ", "Eichler and colleagues, however, highlight that RWD methods must be critically appraised before they can be more widely accepted. ", "They suggest that this appraisal can be undertaken via prospective validation of any proposed method with a pre-defined protocol.", "\n\nWhy the need for validation? ", "Studies of the concordance between the results of RCTs and RWD studies investigating the same research question have given mixed results \\[[@CR5], [@CR6]\\]. ", "It has been suggested that this discordance can be attributed to differences in the populations being investigated, or bias in RWD studies as a result of lack of randomisation.", "\n\nUsing an example of cancer risk in statin users, Dickerman and co-workers attempted to understand why RWD studies have shown a protective effect and RCTs showed no effect on neoplasm incidence \\[[@CR7]\\]. ", "One of the key principles of an RCT is to assess patient characteristics at baseline to check study eligibility based on inclusion/exclusion criteria. ", "If eligibility is met, the next task is to randomise subjects into groups and, subsequently, to provide treatment as assigned for each group. ", "Dickerman et al. ", "operationalised a similar 'target trial' approach using RWD and followed up trial-eligible new and non-users of statins to compare rates of cancer between these groups. ", "Performing the analysis in this way enabled the researchers to illustrate that results from RWD were in acquiescence with those from RCTs. ", "Furthermore, previously reported differences were largely a result of two avoidable issues: immortal time and selection bias caused by the inclusion of prevalent statin users (prevalent users had to have survived without cancer up to baseline, leading to artificially lower rates of cancer in the statin group), rather than being attributed to the lack of randomisation per se.", "\n\nAs Dickerman et al. ", "acknowledge, a limitation of the outcome they studied is that confounding by indication (whereby the reason for prescribing a patient medication is also associated with the outcome of interest) is unlikely to have a major role. ", "Where the outcome is more likely to be affected by confounding by indication, then -- to mimic the randomisation element of an RCT and appropriately compare treatment groups -- RWD studies must carefully adjust for all baseline confounders. ", "In this regard, Carrigan et al. ", "recently report results exploring a research question more likely to be affected by confounding by indication \\[[@CR8]\\]: whether control groups generated from RWD could approximate the control arms used in published RCTs in non-small cell lung cancer. ", "In 10 of the 11 analyses conducted, hazard ratio estimates for overall survival derived from comparing RWD control arms with the intervention arm from the RCT were similar to those seen in the original RCT comparison. ", "However, the analyses showed that a simple 'target trial' alignment of the RWD arm with the trial inclusion/exclusion criteria could not fully replicate the RCT effect estimate; additional adjustment to control for confounding using propensity scores was required. ", "The single non-concordant analysis was thought to be associated with a biomarker that was likely enriched in the RCT but was not present in RWD and therefore could not be adjusted for. ", "This exception to the overall consistency between RWD and RCT findings highlights the importance of needing RWD with information available on all possible confounders to avoid generating inaccurate results.", "\n\nThese two recent studies show that analytical methods and approaches are in place to enable consistency between RCT and RWD results. ", "Further evidence will arise from the FDA-funded RCT DUPLICATE project, which will investigate RCT--RWD concordance on a larger scale \\[[@CR9]\\]. ", "In light of this, the question arises: how many examples are required before regulators can begin to accept RWD for regulatory decision-making? ", "Eichler et al. ", "state that the answer is unlikely to be simple: decision-makers should perhaps first accept RWD analyses for situations in which there is a relatively small impact (e.g. label expansion) and then gradually expand acceptability as confidence in the method grows.", "\n\nConclusion {#Sec3}\n==========\n\nAccumulating evidence suggests that appropriately conducted RWD studies have the potential to support regulatory decisions in the absence of RCT data. ", "Further work may be needed to better illustrate the settings in which RWD analyses can robustly and consistently match the results of RCTs and, more importantly, the settings in which they cannot match them. ", "After careful consideration of the potential for bias, regulators can then determine when they would unequivocally accept RWD in place of an RCT. ", "If studies based on RWD are ever to replace RCTs, regulators may need to accept that the cost of accelerating patient access to treatment carries a higher level of decision-making uncertainty than that with which they are familiar.", "\n\n**Publisher's Note**\n\nSpringer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.", "\n\nNot applicable.", "\n\nSVR wrote the first draft of the article. ", "All authors contributed to subsequent drafts and the final manuscript. ", "All authors read and approved the final version of the manuscript.", "\n\nNo specific funding was received for this work.", "\n\nNot applicable.", "\n\nNot applicable.", "\n\nNot applicable.", "\n\nSVR has been an employee of pharmaceutical and life science consultancy companies. ", "AS is an employee of Bristol-Myers Squibb. ", "CS is an employee of PHMR.", "\n" ]
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[ "Grzegorz Schetyna w Radiu ZET powiedział, że Polski nie stać na program \"500 plus\" na każde dziecko. ", "To bardzo interesujące, skoro niecały rok temu Platforma Obywatelska złożyła projekt ustawy przyznającej świadczenie z tytułu wychowania i kształcenia na każde dziecko\n\nTylko 1 na 300 osób czytających ten artykuł wspiera nas darowizną. ", "Możesz to zmienić...\n\nKonrad Piasecki: Zgodzi się pan ze mną, że Polski nie stać na dawanie pieniędzy na każde dziecko Grzegorz Schetyna: Nie, nie stać. ", "Żaden budżet tego nie wytrzyma i wiedzą to nawet ci, którzy na budżetach się nie znają, czyli politycy PiS. Grzegorz Schetyna, \"Gość Radia ZET\" - 24/11/2016 zbity zegar. ", "Platforma też nie zna się na budżecie. ", "Proponowała 500+ na każde dziecko.", "\n\nW lutym 2016 roku Platforma Obywatelska złożyła projekt ustawy, dzięki której program 500+ miał objąć każde dziecko. „", "PiS dzieli Polaków, znajduje tych gorszego sortu, zaczyna też dzielić dzieci, nie ma na to zgody Platformy. ", "Popieramy wariant 500 złotych na każde dziecko, bez szukania różnic, między matkami samotnie wychowującymi dzieci, a rodzinami” – mówił wówczas Grzegorz Schetyna.", "\n\n– Koszty, jakie są do poniesienia w związku z tym, żeby każde dziecko, także te trzy miliony dzieci wykluczonych przez PiS w ich projekcie, są możliwe do udźwignięcia w tym budżecie od połowy roku – wtórował wtedy szefowi Sławomir Neumann, przewodniczący klubu parlamentarnego Platformy.", "\n\nRównież projekt ustawy nie zawierał górnego progu dochodowego, o którym mówi obecnie Schetyna.", "\n\nO ustawie możemy przeczytać również na stronie internetowej Platformy Obywatelskiej. „", "500 złotych przysługiwać będzie na każde dziecko, do 18 roku życia. ", "Będziemy intensywnie pracować, by bardziej uczciwa, sprawiedliwa i przemyślana koncepcja programu 500+, jaką zaprezentowaliśmy, zwyciężyła z niesprawiedliwym i chaotycznym projektem PiS” – informowała Platforma Obywatelska na swojej stronie.", "\n\nDziś Schetyna twierdzi, że gdyby osoby o najwyższych dochodach nie otrzymywały świadczenia, dałoby to oszczędności, które pozwoliłyby sfinansować wypłaty na pierwsze dziecko w rodzinach. „", "Można zmniejszyć proporcje, czy zróżnicować pieniądze na poszczególne dzieci, lub zmniejszyć na niektóre” – mówił w Radiu ZET.", "\n\nPomysł przedstawiony dziś przez Grzegorza Schetynę jest sensowny – dla najbogatszych zarobkowego od programu miałoby ekonomiczne uzasadnienie. ", "Problem w tym, że Schetyna z wyjątkowym brakiem gracji zaprzeczył temu co sam mówił kilka miesięcy temu.", "\n\nTwierdzenie dziś, że wypłat na wszystkie dzieci do 18 roku życia „żaden budżet nie wytrzyma i wiedzą to nawet ci, którzy na budżetach się nie znają” Grzegorz Schetyna sam sobie przyznał „matołka”.", "\n\nWszyscy ludzie rodzą się wolni i równi.", "\n\nRazem tworzymy OKO.press! ", "WESPRZYJ" ]
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0.06193
22
[ "Q:\n\nHow to copy/paste text using the mouse from one tmux instance in one terminal emulator to another tmux instance in a different terminal emulator?", "\n\nHow can I copy some text using the mouse, between two terminal emulator instances, each running its own instance of tmux?", "\nI've read this:\nHow to copy and paste with a mouse with tmux\nAnd various other related questions, such as this one:\nCopy text from one tmux pane to another (using vim)\nHowever, I cannot get this to work.", "\nI've tried both the configurations mentioned in the first question, but I'm unable to copy text.", "\nNote that I'm not trying to copy between panes, or even windows within the same tmux instance. ", "I have two terminal emulators (xfce4-terminal) running, each with its own tmux instance.", "\nI'm using XFCE as my window manager, xfce4-terminal 0.8.7.4\n\nA:\n\nYou should be able to use your terminal emulator’s copy/paste; in XFCE’s case, you have two options:\n\nselect the text you want to copy with your mouse, and middle-click in the target terminal;\nselect the text, then “Edit” → “Copy” in the source terminal, and “Edit” → “Paste” in the target terminal.", "\n\nThis works independently of tmux.", "\n\n" ]
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0.000886
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[ "Vista aérea do Parque Ibirapuera, na zona sul de São Paulo. ", "RAFAEL NEDDERMEYER / Fotos Públicas\n\nParque mais visitado da América Latina e ícone de São Paulo, o Ibirapuera é uma das joias do pacote de privatizações que João Doria (PSDB) lançou quando ainda era prefeito da capital. ", "Mas a guerra deflagrada entre o grupo político do tucano e o atual governador Márcio França (PSB), que rivalizará com ele nas eleições ao Governo de São Paulo, atingiu em cheio o projeto e lançou novas dúvidas sobre a viabilidade de uma proposta que já vinha colecionando polêmicas. “", "O atual impasse revela que a concessão do parque é menos atrativa e tem mais riscos para os investidores do que a prefeitura alegava”, afirma Thobias Furtado, diretor presidente da organização Parque Ibirapuera Conservação.", "\n\nO edital da concessão foi publicado em maio deste ano, cerca de um mês depois de Doria renunciar à prefeitura para se candidatar ao Governo do Estado. ", "Seu objetivo inicial era transferir à iniciativa privada, por um período de 35 anos, a gestão do Ibirapuera e de outros cinco parques da periferia, o que reduziria os gastos da prefeitura com a manutenção desses espaços e permitiria que a empresa vencedora do certame realizasse investimentos que hoje não são comportados pelo Orçamento municipal. ", "A recompensa para a concessionária, que não poderia cobrar entrada para o parque, viria pela exploração comercial de alguns pontos (como restaurantes ou as instalações da Oca) e dos estacionamentos. ", "A prefeitura aposta no número superlativo de frequentadores do Ibirapuera para despertar o interesse da iniciativa privada em administrá-lo: cada ano são 14 milhões de visitantes.", "\n\nAs dificuldades para levar adiante esse modelo, porém, não demoraram a aparecer: no início deste mês, poucos dias antes da data estipulada para e entrega dos envelopes, a licitação foi suspensa sob o argumento de que era preciso atender a alguns questionamentos do Tribunal de Contas do Município (TCM). ", "Para completar, Márcio França, rompido com Doria desde que os dois viraram adversários na disputa pelo Palácio dos Bandeirantes, anunciou em 13 de julho que não havia autorizado a desestatização de uma parte do Ibirapuera que está em terreno do Estado. \"", "Suspendemos a privatização do Ibirapuera. ", "Informamos o atual prefeito Bruno Covas que existem áreas públicas estaduais no parque e o Governo do Estado não foi ouvido e envolvido nesse processo. ", "O Ibirapuera é o símbolo maior dos paulistanos e guardião da memória da luta paulista. ", "Não podemos privar a população de aproveitar esse espaço gratuito de lazer e cultura e poluir o ambiente verde com placas de marcas e fast-food\", publicou o governador nas suas redes sociais.", "\n\nA prefeitura decidiu tocar o projeto sem a área referida por França, mas o impacto dessa modificação é enorme: o lote vetado pelo governador é onde está o estacionamento que geraria à concessionária uma receita de 5 milhões de reais anuais, segundo estimativa da Secretaria Municipal de Desestatização e Parcerias . “", "A área do Autorama [de propriedade do Estado] é onde estava o principal ponto de arrecadação, com estacionamento”, afirmou o chefe de gabinete da Secretaria do Verde e do Meio Ambiente, Rodrigo Ravena, durante a última reunião do Conselho Municipal do Meio Ambiente e Desenvolvimento Sustentável (Cades). “", "A gente vai ter que mudar toda a matriz de risco da concessão”, complementou.", "\n\nAinda não há detalhes sobre todas as consequências da retirada da área do Autorama do pacote da privatização. ", "O que se sabe é que, sem a receita do estacionamento, a prefeitura não incluirá no próximo edital a obrigação de a concessionária vencedora também se responsabilizar por todos os outros cinco parques periféricos. “", "Mais de 1.000.000 de pessoas que poderiam ter esses parques mais bem cuidados devem ser afetadas. ", "Só será possível manter o parque Lajeado, em Guaianases, na zona leste, escolhido por ser o mais distante do centro da cidade”, disse a prefeitura em nota. ", "De acordo com Ravena, da Secretaria do Verde e do Meio Ambiente, as modificações no edital deverão ser concluídas em 30 ou 40 dias.", "\n\nAcontece que os próprios cálculos da prefeitura sobre o impacto que a retirada do Autorama tem sobre o projeto são contestados por atores do mercado. “", "A perda de arrecadação com a retirada desse estacionamento é maior do que a prefeitura tem estimado”, argumenta Rodrigo Reis, sócio da consultoria Radar PPP, uma das empresas que realizou um estudo técnico sobre a privatização do parque e que foi apresentado à prefeitura. “", "Além de ser uma interferência política [do governador Márcio França], é uma bela de uma incoerência partindo do governo do Estado que mais tem concessões no Brasil, inclusive de parques”.", "\n\nApesar das declarações, Reis considera que o parque ainda pode despertar o interesse de investidores, mas disse que a remoção dos parques periféricos do pacote de concessões não é a melhor resposta para a remodelagem da licitação. “", "A solução dada não é a adequada. ", "Além de terem custos pequenos, a concessão dos parques periféricos passaria mais rápido para a opinião pública a imagem de que a gestão da iniciativa privada nesses equipamentos é benéfica”.", "\n\nO que fica claro é que apenas a remoção dos parques periféricos do pacote de concessão não deve ser suficiente para reabrir o apetite das empresas com o negócio. ", "Uma das alterações que os funcionários municipais que acompanham o tema já dão como certa é a redução do valor da outorga (dinheiro que a vencedora da licitação tem que depositar para a prefeitura). ", "Rodrigo Reis, por sua vez, alega que a reincorporação de algumas áreas que a princípio não entraram na concessão — como o Viveiro Manequinho Lopes —poderia ser uma forma de reequacionar o negócio. ", "Qualquer que seja a solução, a polêmica promete se estender. ", "A possível inclusão do Manequinho Lopes (um viveiro histórico que produz mudas para áreas públicas da cidade), por exemplo, é duramente criticada por grupos ambientalistas.", "\n\nThobias Furtado, do Ibirapuera Conservação, afirma que o modelo proposto pela prefeitura de São Paulo para o parque precisa ser mais bem discutido. ", "Ele diz não ser contrário à ideia de conceder o Ibirapuera à iniciativa privada, mas argumenta que isso deveria ocorrer de acordo com experiências exitosas já constadas no exterior, onde a gestão do equipamento público fica a cargo de uma organização da sociedade civil sem fins lucrativos. ", "Dessa forma, alega, toda receita gerada pela entidade responsável — seja pela exploração comercial de áreas do parque, seja por doações — seria reinvestido no próprio Ibirapuera. “", "A solução não é forçar uma concessão administrativa, mas avançar no modelo junto à sociedade civil\", conclui." ]
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0.059633
37
[ "1. ", "Introduction {#sec1}\n===============\n\nSarcopenia is an age-related loss of muscle mass and strength and has been recognized as a muscle disease with an ICD-10-MC Diagnosis Code in 2016 \\[[@B1]\\]. ", "The burden of sarcopenia on healthcare system is high because it increases the number of bone fracture injuries, the admission of hospitals, and the cost of care during hospitalization \\[[@B2]\\]. ", "The European Working Group on Sarcopenia in Older People (EWGSOP) has recently released the second revised consensus on the definition and diagnosis of sarcopenia \\[[@B2]\\], and muscle strength has been elevated as the forefront characteristic of sarcopenia. ", "It has suggested that low muscle strength which can be measured using handgrip strength through dynamometer is an indication of probable sarcopenia, and low muscle quantity or quality which can be reported as total appendicular lean mass is an indication of confirmed sarcopenia, and low physical performance which can be reported through various measures such as gait speed, the Short Physical Performance Battery, and the Timed-Up and Go test is an indication of severe sarcopenia \\[[@B2]\\]. ", "Confirmed sarcopenia can be estimated by diving the appendicular lean mass (ALM) by the square of height in meters, which is usually measured using dual-energy X-ray absorptiometry (DXA). ", "Confirmed sarcopenia is defined as two standard deviations below the mean value (2 SDs) of ALM in sex-specific young adults aged between 18 and 39 years, and a decrease of 1 standard deviation (1 SD) is considered as class I sarcopenia \\[[@B3]\\]. ", "The loss of muscle mass begins at the age of 30 years, reaching its peak after the age of 50 years, whereas muscle strength reaches its maximal level at the age of 30 years to sustain until approximately the age of 50 years, when reduction starts \\[[@B4]\\]. ", "Muscle loss in the lower extremities is greater than in other parts of the human body, which partially contributes to the increased incidence of falls and the sway in older individuals.", "\n\nModifiable factors such as physical activity and nutrition can reduce the acceleration of the sarcopenia process and prevent consequent frailty, falls, and fractures \\[[@B5]\\]. ", "Accumulated evidence suggests that resistance training improves sarcopenia, bone density, functional status, and hip fracture \\[[@B6]\\]. ", "Whether habitual and daily free-living physical activities impact muscle mass and strength is not fully known. ", "Physical activity can be assessed using objective and subjective measures, both of which have been used in combination with sarcopenia indexes. ", "The physical activities of 624 Australian adults aged \\> 60 years were assessed using a self-reported questionnaire. ", "In the subjects, the prevalence of sarcopenia was 10.6% in men and 14.5% in women, and the sarcopenic individuals were less active than the nonsarcopenic individuals \\[[@B7]\\]. ", "By using a self-reported physical activity questionnaire, a 5-year study found that the prevalence of sarcopenia at baseline was 7.3%, which increased to 16.8% after 5 years, of whom 14.8% were among the least active individuals \\[[@B8]\\]. ", "The International Physical Activity Questionnaire (IPAQ) allows the inclusion of 4 self-reported domains, namely, activity work, leisure, transport, and domestic physical activity, and is valid for differentiating between age groups \\[[@B6]\\].", "\n\nMeasurements of fat mass and waist circumference (WC), muscle mass and strength, and bone mineral density (BMD) reflect overweight and obesity, sarcopenia, and osteoporosis, respectively. ", "The coexistence of these impaired health aspects has been identified as osteosarcopenic obesity and has been proposed as a distinct entity \\[[@B9]\\]. ", "Although age is considered the main external factor that influences sarcopenia, the role of fat content is also important. ", "For example, among 1286 older British men aged \\> 70 years, 20% had sarcopenia, of whom 25% were obese \\[[@B10]\\]. ", "ALM was positively associated with body fat among Korean women, and the odds ratio (OR) of sarcopenia for osteopenia and osteoporosis remained significant when adjusted for age but was not significant when adjusted for fat and physical activity \\[[@B11]\\]. ", "The fact that this phenomenon has been observed in young healthy overweight/obese men and women age between 18 and 21 years is alarming \\[[@B12]\\]. ", "Thus, early measure of sarcopenia and osteoporosis through measurement of muscle and bone contents is critical, particularly among overweight/obese individuals. ", "The present study is aimed at investigating the interactions between physical activity, fat mass, and bone density on the indexes of sarcopenia.", "\n\n2. ", "Materials and Methods {#sec2}\n========================\n\n2.1. ", "Participant Characteristics {#sec2.1}\n--------------------------------\n\n528 men expressed their interest in participation to the study, and 497 completed all the tests (age: 32.2 ± 10.4 years; body mass index (BMI): 28.2 ± 5.4 kg/m^2^; fat percentage: 31.5% ± 8.0%; BMD: 1.2 ± 0.1 g/cm^2^; and ALM: 8.8 ± 1.3 kg/ht^2^). ", "They were from different areas but mostly from Riyadh and nearby cities such as Al-Kharj and Buraidah in Saudi Arabia, and some participants came from distant cities such as Mecca, Jeddah, and Al-Ahsa. ", "Inclusion criterion was Arab men living in Saudi Arabia. ", "The exclusion criterion was to have a diagnosed illness that affects muscle mass, balance, and/or ability to move, and people with medication for osteoporosis. ", "Professional athletes were excluded, but recreational highly active people were accepted.", "\n\n2.2. ", "Study Procedure {#sec2.2}\n--------------------\n\nThe study was cross-sectional using a convenience sample and were conducted at College of Sport Sciences and Physical Activity at King Saud University (KSU), Riyadh, Saudi Arabia. ", "All the participants who expressed their interest in the study received a full explanation of the study procedure and were instructed to arrive at the university in the morning before having breakfast. ", "Written informed consent was provided by all the participants. ", "Measures of the study included anthropometry (height, weight, and WC), handgrip strength test, ALM using DXA, and physical activity using the IPAQ. ", "The study protocol was approved by the institutional review board (IRB) of KSU (IRB No. ", "E-16-1785).", "\n\n### 2.2.1. ", "1st: Anthropometry {#sec2.2.1}\n\nHeight was measured to the nearest 0.1 cm using a stadiometer (Seca 213, seca GmbH & Co., Hamburg, Germany) while participant standing with back against the vertical stadiometer and feet together without shoes asking him to look straight ahead with head in the Frankfort horizontal plan, placing headboard on the scalp lightly. ", "Body weight was measured to the nearest 0.1 kg, using a digital scale (PD100 ProDoc, Detecto Scale, Cardinal, Webb City, MO, USA), placing the scale on a hard flat surface and scale digital screen indicating zero, participants are standing calmly on both feet without shoes on the scale wearing light clothes and looking straight ahead for a few seconds until the reading appears on the scale screen. ", "WC was measured at the umbilicus to the nearest 0.1 cm by using a measuring tape. ", "The participants were instructed to exhale while standing, and the research assistant took 2 or 3 measurements of the waist.", "\n\n### 2.2.2. ", "2nd: Body Composition {#sec2.2.2}\n\nThe total body composition was measured using DXA (Lunar iDXA, GE Healthcare, General Electric Company, USA), following a standard operation procedure \\[[@B13]\\], and performed by a qualified technician. ", "Body composition, including fat mass, total and appendicular lean mass, and BMD, were determined from the output. ", "ALM was calculated by dividing the appendicular lean mass by the square of height in meters. ", "The participants with −1 SD and −2 SDs were determined in accordance with the sex-specific means for Saudi young adults \\[[@B14]\\]. ", "Fat mass index (FMI) was determined by dividing the total body fat mass by the square of height in meters.", "\n\n### 2.2.3. ", "3rd: Muscle Strength {#sec2.2.3}\n\nHandgrip strength of the dominant hand was measured using a manual spring dynamometer (Baseline® Smedley Spring Dynamometers, Fabrication enterprises Inc., NY, USA); the handle was adjusted to a comfortable handgrip size for the participant who was instructed to squeeze the handle with maximal force while standing and with the elbow was fully extended. ", "The better of two measures was recorded in kilograms \\[[@B15], [@B16]\\].", "\n\n### 2.2.4. ", "4th: Physical Activity {#sec2.2.4}\n\nThe paper version of the long-form IPAQ \\[[@B17]\\] was completed by all participants, with the presence of the research assistant, who explained the questionnaire and answered any questions.", "\n\n2.3. ", "Statistical Analyses {#sec2.3}\n-------------------------\n\nData were analyzed using SPSS version 20 for Windows. ", "The median value was used with data that were not normally distributed. ", "The differences between the participants were examined using a *t* test when they were divided by the mean or median value and analysis of variance (ANOVA) when they were divided by quartile. ", "Data were adjusted for age using covariate ANOVA. ", "An *α* level of 0.05 was used to determine statistical significance, and post hoc analyses were conducted for significant interactions by using the Bonferroni correction.", "\n\n3. ", "Results {#sec3}\n==========\n\nDescriptive data showed that 18.9% (*n* = 94) had a ALM of 1 SD below the mean value, and only 1.6% (*n* = 8) had a ALM of 2 SDs below the mean value. ", "The mean handgrip strength was 42 kg, and only 4.3% (*n* = 22) of the participants had a handgrip strength of \\<30 kg. ", "Of the subjects, 32.2% participated for \\>150 minutes per week in moderate-to-vigorous physical activity (MVPA); the characteristics of participants in the study variables are presented in [Table 1](#tab1){ref-type=\"table\"}.", "\n\n[Table 2](#tab2){ref-type=\"table\"} shows that the levels of the fat indicators decreased with the decrease in ALM based on the level mean value of classes I (−1 SD) and II (−2 SDs). ", "Physical activity and physical strength significantly increased with the increase in ALM, but this was not found in sedentary time. [", "Table 3](#tab3){ref-type=\"table\"} shows the differences between physical activity levels and manual handgrip strength based on the mean value of ALM.", "\n\nThe study variables were divided into quartiles based on ALM, WC, and BMD, which reflect obesity, osteopenia, and sarcopenia, respectively. ", "The study variable quartiles (Q1--Q4) based on ALM showed significant differences at ≤0.05 between Q1 and Q2 as compared with Q4 in terms of WC, fat percentage, and FMI.", "\n\nWhen the study variables were divided into quartiles based on WC, ALM and BMD significantly increased with the increases in fat percentage and WC, with significant differences among all the quartiles (Q1, Q2, Q3, and Q4; *P* ≤ 0.05). ", "For the physical activity variables, no significant differences in low physical activity (LPA), sedentary activity, and handgrip strength were found among the quartiles. ", "Inverse associations were found between MVPA and WC and fat percentage, with significant differences between Q1 and the other quartiles of MVPA (*P* ≤ 0.05) based on the fat indicators.", "\n\nThe quartiles of the study variables based on BMD showed no significant differences among the quartiles of MVPA, LPA, and sedentary activity, whereas the Q3 and Q4 of the handgrip strength were significantly higher than Q1 (*P* ≤ 0.05). ", "Significant differences were found among all the ALM quartiles, but only Q4 for fat was significantly greater than Q2 and Q3 (*P* ≤ 0.05). ", "No significant differences in FMI were found among the quartiles ([Figure 1](#fig1){ref-type=\"fig\"}).", "\n\nWhen adjustment for age was made, the relationships among the study variables were not affected.", "\n\n4. ", "Discussion {#sec4}\n=============\n\nThe present study is aimed at examining the association between ALM, fat mass, and BMD and at investigating the role of physical activity. ", "The vast majority of participants did not have sarcopenia (−2 SD of the mean value) based on the Saudi population reference value \\[[@B14]\\] and only 1.6% can be identified as presarcopenic, and 18.9% were −1 SD below the mean value which can be considered as class I but are not classified as presarcopenic. ", "Likewise, only 4.3% had a handgrip strength lower than 30 kg and are considered to have sarcopenia based on the previous criteria of EWGSOP established on 2010 \\[[@B3]\\], and only 2.6% of participants has a handgrip strength of ≤27 kg whom can be classified to have probable sarcopenia based on the recent revised criteria of EWGSOP2 \\[[@B2]\\]. ", "It should be considered that the mean age was \\<35 years, such that age did not affect the current relationships between the variables. ", "Physical activity was significantly associated with muscle mass and strength, whereas sedentary activity did not have any role effect. ", "Increased WC, fat percentage, and FMI were associated with increased ALM. ", "Compared with FMI, ALM had a significantly greater association with BMD. ", "While MVPA had an inverse association with fat, only handgrip strength had an association with BMD. ", "These data suggest the role of physical activity in ALM and the role of muscle mass presented as ALM and muscle strength in BMD. ", "In addition, while fat had a positive association with ALM, it did not affect BMD.", "\n\nAccumulated evidence suggests the role of physical activity in the prevention and/or delay of the onset of sarcopenia and causational impact of physical inactivity on sarcopenia and functional disability \\[[@B18]\\]. ", "A recent systematic review and meta-analysis confirmed that habitual physical activity is protective against sarcopenia in middle-aged and old individuals \\[[@B19]\\]. ", "The roles of MVPA in health, increased muscle mass, and the prevention of sarcopenia have been previously confirmed. ", "For example, individuals with MVPA \\> 150 minutes per week had greater lean mass and lower limb strength \\[[@B20]\\]. ", "High MVPA was associated with higher muscle mass and strength at baseline, and increased MVPA was associated with a lower incidence of sarcopenia (odds ratio (OR) = 0.64) in older adults \\[[@B8]\\]. ", "However, the cutoff physical activity in terms of volume and intensity, which can positively affect lean mass and strength, has not been determined yet. ", "A recent scientific report confirmed the absence of a cutoff physical activity level to attain health improvement and a minimal threshold for daily accumulated physical activity bouts, which suggest the role of shifting from sedentary to active lifestyle regardless of exercise intensity and acute exercise duration \\[[@B21]\\]. ", "Objectively measured physical activity, including MVPA, LPA, sedentary activity, and breaks in sedentary behavior were independently associated with risk of severe sarcopenia in older British men \\[[@B10]\\]. ", "A recent study showed a correlation between LPA and high density lipoprotein (HDL) \\[[@B22]\\].", "\n\nWhile these studies and the scientific report confirmed the importance of LPA in reducing the incidences of cardiovascular risk factors, type 2 diabetes, and all-cause mortality, our present data showed a significant correlation between increased ALM and LPA. ", "This could partially explain the mechanism of the role of LPA in health aspects. ", "Improving strength and having greater muscle mass are important for increasing the engagement in aerobic physical activity \\[[@B6]\\], although some previous studies did not find a strong correlation between LPA and increased muscle mass. ", "For example, the results of a multinomial logistic regression analysis showed that every 30 min of MVPA was associated with a reduced risk of severe sarcopenia (relative risk (RR): 0.53); sarcopenic obesity (RR: 0.47), LPA, and breaks in sedentary behavior were marginally associated with reduced sarcopenic obesity; and sedentary behavior was marginally associated with increased sarcopenic obesity independent of MVPA (RR: 1.18) \\[[@B10]\\].", "\n\nOur results are in agreement with those of a study in young Australian adults aged between 19 and 22 years that found that lean body mass was strongly associated with total bone mineral density measured using DXA \\[[@B23]\\]. ", "Unlike some studies, the present study did not find any adverse associations of increased fat mass with WC and BMD. ", "A recent study found that increased obesity measured on the basis of fat content could be associated with decreased muscle and/or bone content, which reflect osteosarcopenic obesity \\[[@B12]\\]. ", "Evidence shows that muscle mass is not normally distributed according to BMI categories and widely varies depending on the reference of muscle mass, particularly among individuals with low and high BMI. ", "For example, the association concordance between FMI and BMI was examined among male and female adults, and women with higher FMI than BMI had low BMD than women with lower FMI than BMI; this suggests that increased body weight with increased fat mass is deleterious to the bone \\[[@B24]\\]. ", "In a meta-analysis study using the data of 20,000 adults, the correlation between lean mass and femoral neck BMD was significantly greater than the similar correlation between fat mass and femoral neck BMD \\[[@B25]\\]. ", "This may explain the association between physical activity that leads to increased muscle mass and BMD. ", "An important finding by a longitudinal UK Biobank Study was that a strong adverse association existed between BMI and WC at baseline and follow-up MVPA levels, and a strong association between grip strength at baseline and follow-up MVPA levels, which confirms the role of body composition and muscle strength in promoting free-living physical activity \\[[@B26]\\].", "\n\nThe present data show no significant effect of age on the relationship between lean mass, fat mass, BMD, and physical activity. ", "The current relationships are similar to those in elderly patients, except for the relationship between fat mass and BMD among women. ", "For example, the effect of lean mass on BMD was greater in men and premenopausal women than in postmenopausal women \\[[@B25]\\]. ", "The greater effect of fat mass than lean mass on BMD among postmenopausal women was previously demonstrated \\[[@B27]\\], and the absence of a correlation between lean mass and BMD was also found among middle-aged men with higher BMIs \\[[@B28]\\]. ", "In men and women aged \\>50 years, increased lean mass was associated with BMD, although it did not affect femoral strength index, whereas increased fat mass did not affect BMD and had an adverse effect on femoral strength index \\[[@B29]\\].", "\n\nThe strength of the present study includes the fact that the participants came from a whole community and different suburbs, with few of them coming from different cities. ", "The reference value of ALM for young Saudi men was used for the first time in this study as a specific population reference. ", "Unlike those in many studies, all the participants in this study were assessed using the same DXA device. ", "The limitations include its nature as a cross-sectional study recruiting a convenience sample whom might be enthusiastic and care of their health, which may not represent the whole community. ", "Future studies are suggested to include women and with longitudinal series of measurements. ", "Inclusion of known markers affecting musculoskeletal health such as irisin may also provide insights in understanding these bone and muscle cross-talk associations in the population \\[[@B30]\\].", "\n\n5. ", "Conclusion {#sec5}\n=============\n\nIn conclusion, physical activity independent of exercise intensity is effective in increased ALM, which partially affects BMD through muscle mass and strength. ", "Although fat mass has a positive relationship with ALM, it was not associated with BMD.", "\n\nThe authors are highly grateful to the Chair for Biomarkers of Chronic Diseases, Biochemistry Department, College of Science, KSU, and Deanship of Scientific Research for the technical support. ", "This study was funded by Chair for Biomarkers of Chronic Diseases and Deanship of Scientific Research at KSU, Riyadh, Saudi Arabia.", "\n\nData Availability\n=================\n\nThe data used to support the findings of the study are available from the corresponding author upon request.", "\n\nConflicts of Interest\n=====================\n\nThe authors declare that there is no conflict of interest regarding the publication of this paper.", "\n\n![", "Differences among quartiles of appendicular lean mass (ALM) and fat mass index (FMI) based on bone mineral density (BMD). ", "^∗^Significant differences among all quartiles (Q1--Q4).](DM2019-5917573.001){#fig1}\n\n###### \n\nCharacteristics of the participants in the study variables.", "\n\n Variable \\% (*n*)\n ---------------------------------------------------- ------------\n Normal weight (BMI \\< 25 kg/m^2^) 30.8 (153)\n Overweight (BMI = 25 ≤ 30 kg/m^2^) 37.8 (188)\n Obese (BMI ≥ 30 kg/m^2^) 31.3 (156)\n WC (≥102 cm) 24.9 (124)\n ALM (\\<1 SD) 18.9 (94)\n ALM (\\<2 SD) 1.6 (8)\n MVPA (≥150 min/week) 32.2 (161)\n Sedentary behavior---sitting time (\\<6 hr per day) 8.4 (43)\n Handgrip strength (≥30 kg) 4.3 (22)\n\nData expressed as percentage and number of participants. ", "BMI: body mass index; WC: waist circumference; ALM: appendicular lean mass; MVPA: moderate-to-vigorous physical activity.", "\n\n###### \n\nMean fat indices and BMD based on the ALM class categories.", "\n\n Variables ALM (kg/ht^2^) \n -------------------------- ---------------- ------------- ------------- ------------\n Waist circumference (cm) 99.4 ± 13.9^A^ 87.3 ± 11.9 81.7 ± 11.2 70.9 ± 7.2\n Fat (%) 33.2 ± 8.2^A^ 30.1 ± 7.6 28.4 ± 7.9 22.6 ± 7.1\n FMI (fat/ht^2^) 11.2 ± 2.8^A^ 10.4 ± 2.8 9.9 ± 3.0 7.8 ± 2.5\n\nData are presented as mean ± SD. ", "The superscript letter \"A\" refers to the statistical significance.", "\n\n###### \n\nMean ALM (kg/ht^2^) according to levels of physical activity, sedentary activity, and handgrip strength.", "\n\n Variable Yes No\n ------------------------------------ -------------- -----------\n MVPA (≥150 min/week) 9.1 ± 1.3^A^ 8.7 ± 1.3\n LPA (≥110 min/day) 9.0 ± 1.2^A^ 8.7 ± 1.3\n Sedentary behavior (≥6 hr per day) 8.8 ± 1.3 8.8 ± 1.1\n Handgrip strength (≥42 kg) 9.2 ± 1.2^A^ 8.4 ± 1.2\n Handgrip strength (≥30 kg) 8.9 ± 1.3^A^ 8.0 ± 1.1\n\nData are presented as mean ± SD. ", "The superscript letter \"A\" refers to a statistical significance of ≤0.05. ", "MVPA: moderate-to-vigorous physical activity, LPA: light physical activity.", "\n\n[^1]: Academic Editor: Irene Rebelo\n" ]
{ "pile_set_name": "PubMed Central" }
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0.003067
140
[ "/* Area:\tffi_call, closure_call\n Purpose:\tCheck complex arguments in structs.", "\n Limitations:\tnone.", "\n PR:\t\tnone.", "\n Originator:\t<vogt@linux.vnet.ibm.com>. ", " */\n\n/* { dg-do run } */\n\n#include \"complex_defs_float.inc\"\n#include \"cls_complex_struct.inc\"\n" ]
{ "pile_set_name": "Github" }
[ 0.0007099196664057672, 0.0006881274748593569, 0.0008764162193983793, 0.0007368142833001912, 0.0010552789317443967 ]
0.000813
5
[ "/**\n * Copyright 2007-2016, Kaazing Corporation. ", "All rights reserved.", "\n *\n * Licensed under the Apache License, Version 2.0 (the \"License\");\n * you may not use this file except in compliance with the License.", "\n * You may obtain a copy of the License at\n *\n * http://www.apache.org/licenses/LICENSE-2.0\n *\n * Unless required by applicable law or agreed to in writing, software\n * distributed under the License is distributed on an \"AS IS\" BASIS,\n * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.", "\n * See the License for the specific language governing permissions and\n * limitations under the License.", "\n */\npackage org.kaazing.gateway.transport.nio.internal;\n\nimport static java.lang.String.format;\nimport static org.kaazing.gateway.transport.", "BridgeSession.", "LOCAL_ADDRESS;\nimport static org.kaazing.gateway.transport.", "BridgeSession.", "REMOTE_ADDRESS;\n\nimport java.net.", "Inet6Address;\nimport java.net.", "InetAddress;\nimport java.net.", "InetSocketAddress;\nimport java.net.", "SocketAddress;\nimport java.net.", "URI;\nimport java.util.", "Properties;\nimport java.util.concurrent.atomic.", "AtomicBoolean;\nimport java.util.concurrent.atomic.", "AtomicReference;\n\nimport org.apache.mina.core.future.", "ConnectFuture;\nimport org.apache.mina.core.future.", "DefaultConnectFuture;\nimport org.apache.mina.core.future.", "IoFutureListener;\nimport org.apache.mina.core.service.", "IoConnector;\nimport org.apache.mina.core.service.", "IoHandler;\nimport org.apache.mina.core.session.", "AttributeKey;\nimport org.apache.mina.core.session.", "IoSession;\nimport org.apache.mina.core.session.", "IoSessionInitializer;\nimport org.kaazing.gateway.resource.address.", "ResourceAddress;\nimport org.kaazing.gateway.resource.address.", "ResourceAddressFactory;\nimport org.kaazing.gateway.transport.", "BridgeConnectHandler;\nimport org.kaazing.gateway.transport.", "BridgeConnector;\nimport org.kaazing.gateway.transport.", "BridgeServiceFactory;\nimport org.kaazing.gateway.transport.", "IoHandlerAdapter;\nimport org.kaazing.gateway.transport.", "IoSessionAdapterEx;\nimport org.kaazing.gateway.transport.", "LoggingFilter;\nimport org.kaazing.gateway.transport.", "NamedPipeAddress;\nimport org.kaazing.mina.core.service.", "IoConnectorEx;\nimport org.kaazing.mina.core.service.", "IoProcessorEx;\nimport org.kaazing.mina.core.session.", "IoSessionEx;\nimport org.slf4j.", "Logger;\n\npublic abstract class AbstractNioConnector implements BridgeConnector {\n\n private AtomicReference<IoConnectorEx> connectorReference = new AtomicReference<>();\n private final AtomicBoolean started;\n protected final Properties configuration;\n protected final Logger logger;\n private BridgeServiceFactory bridgeServiceFactory;\n private ResourceAddressFactory addressFactory;\n private IoHandlerAdapter<IoSessionEx> tcpBridgeHandler;\n private IoProcessorEx<IoSessionAdapterEx> processor;\n private BridgeConnector bridgeConnector;\n\n //\n // Code to support \"virtual\" bridge tcp sessions when we have a transport defined.", "\n //\n\n public static final AttributeKey CREATE_SESSION_CALLABLE_KEY = new AttributeKey(AbstractNioConnector.class, \"createSession\");\n public static final String PARENT_KEY = \"tcp.connector.parent.key\";\n public static final String TCP_SESSION_KEY = \"tcp.connector.bridgeSession.key\";\n\n protected AbstractNioConnector(Properties configuration, Logger logger) {\n if (configuration == null) {\n throw new NullPointerException(\"configuration\");\n }\n \tif (logger == null) {\n \t\tthrow new NullPointerException(\"logger\");\n \t}\n this.configuration = configuration;\n \tthis.logger = logger;\n this.started = new AtomicBoolean(false);\n }\n\n protected void init() {\n if (logger.isTraceEnabled()) {\n logger.trace(\"AbstractNioConnector.init()\");\n }\n IoConnectorEx connector = initConnector();\n connector.setHandler(new BridgeConnectHandler() {\n @Override\n public void sessionCreated(IoSession session) throws Exception {\n LoggingFilter.addIfNeeded(logger, session, getTransportName());\n\n super.sessionCreated(session);\n }\n });\n\n this.connectorReference.set(connector);\n bridgeServiceFactory = initBridgeServiceFactory();\n addressFactory = initResourceAddressFactory();\n tcpBridgeHandler = new NioConnectorTcpBridgeHandler(logger, getTransportName());\n processor = new NioConnectorTcpBridgeProcessor(this, logger);\n }\n\n protected abstract ResourceAddressFactory initResourceAddressFactory();\n protected abstract BridgeServiceFactory initBridgeServiceFactory();\n\n protected final Properties getProperties() {\n return configuration;\n }\n\n public AtomicReference<IoConnectorEx> getConnectorReference() {\n return connectorReference;\n }\n\n @Override\n public void dispose() {\n IoConnector connector = this.connectorReference.getAndSet(null);\n if (connector !", "= null) {\n connector.dispose();\n }\n // FIXME is this necessary\n if (bridgeConnector !", "= null) {\n bridgeConnector.dispose();\n }\n }\n\n @Override\n public ConnectFuture connect(ResourceAddress address, IoHandler handler, IoSessionInitializer<? ", "extends ConnectFuture> initializer) {\n if (!", "started.get()) {\n synchronized (started) {\n if (!", "started.get()) {\n init();\n started.set(true);\n }\n }\n }\n return connectInternal(address, handler, initializer);\n }\n\n @Override\n public void connectInit(ResourceAddress address) {\n // no-op by default\n }\n\n\n @Override\n public void connectDestroy(ResourceAddress address) {\n // no-op by default\n }\n\n // THIS IS A BUG IN JAVA, should not need two methods just to capture the type\n protected <T extends ConnectFuture> ConnectFuture connectInternal(final ResourceAddress address, final IoHandler handler, final IoSessionInitializer<T> initializer) {\n // TODO: throw exception if address contains more then one resource\n ResourceAddress transport = address.getTransport();\n if (transport !", "= null) {\n return getTransportConnectFuture(address, handler, initializer, transport);\n }\n\n final URI resource = address.getResource();\n final InetSocketAddress inetAddress = new InetSocketAddress(resource.getHost(), resource.getPort());\n if (logger.isTraceEnabled()) {\n \tlogger.trace(format(\"AbstractNioConnector.connectInternal(), resource: %s\", resource));\n }\n\n // KG-1452: Avoid deadlock between dispose and connectInternal\n IoConnector connector = this.connectorReference.get();\n if (connector == null) {\n return DefaultConnectFuture.newFailedFuture(new IllegalStateException(\"Connector is being shut down\"));\n }\n\n final String nextProtocol = address.getOption(ResourceAddress.", "NEXT_PROTOCOL);\n ConnectFuture future = connector.connect(inetAddress, new IoSessionInitializer<T>() {\n @Override\n public void initializeSession(IoSession session, T future) {\n if (logger.isTraceEnabled()) {\n logger.trace(format(\"AbstractNioConnector.connectInternal()$initializeSession(), session: %s, resource: %s\", session, resource));\n }\n registerConnectFilters(address, session);\n // connectors don't need lookup so set this directly on the session\n session.setAttribute(BridgeConnectHandler.", "DELEGATE_KEY, handler);\n // Currrently, the underlying TCP session has the remote\n // address being an InetSocketAddress. ", " Our top-level\n // ResourceAddress has more information than just that\n // remote InetSocketAddress -- so we set that as the\n // remote address in the created session.", "\n REMOTE_ADDRESS.set(session, address);\n LOCAL_ADDRESS.set(session, createResourceAddress(inetAddress, nextProtocol));\n if (initializer !", "= null) {\n initializer.initializeSession(session, future);\n }\n }\n });\n future.addListener(new IoFutureListener<ConnectFuture>() {\n @Override\n public void operationComplete(ConnectFuture future) {\n if (future.isConnected()) {\n IoSession session = future.getSession();\n SocketAddress localAddress = session.getLocalAddress();\n if (localAddress instanceof InetSocketAddress) {\n InetSocketAddress inetSocketAddress = (InetSocketAddress) localAddress;\n ResourceAddress resourceAddress = createResourceAddress(inetSocketAddress, nextProtocol);\n LOCAL_ADDRESS.set(session, resourceAddress);\n }\n else if (localAddress instanceof NamedPipeAddress) {\n NamedPipeAddress namedPipeAddress = (NamedPipeAddress) localAddress;\n ResourceAddress resourceAddress = createResourceAddress(namedPipeAddress, nextProtocol);\n LOCAL_ADDRESS.set(session, resourceAddress);\n }\n }\n }\n });\n return future;\n }\n\n private <T extends ConnectFuture> ConnectFuture getTransportConnectFuture(ResourceAddress address, IoHandler handler, IoSessionInitializer initializer, ResourceAddress transport) {\n final DefaultConnectFuture bridgeConnectFuture = new DefaultConnectFuture();\n IoSessionInitializer<ConnectFuture> parentInitializer =\n new NioConnectorParentSessionInitializer(handler, initializer, address, bridgeConnectFuture, addressFactory, processor, connectorReference);\n // propagate connection failure, if necessary\n bridgeConnector = bridgeServiceFactory.newBridgeConnector(transport);\n bridgeConnector.connect(transport, tcpBridgeHandler, parentInitializer)\n .addListener(\n new IoFutureListener<ConnectFuture>() {\n @Override\n public void operationComplete(ConnectFuture future) {\n // fail bridge connect future if parent connect fails\n if (!", "future.isConnected()) {\n bridgeConnectFuture.setException(future.getException());\n }\n }\n }\n );\n return bridgeConnectFuture;\n }\n\n private ResourceAddress createResourceAddress(NamedPipeAddress namedPipeAddress, String nextProtocol) {\n String transportName = getTransportName();\n String addressFormat = \"%s://%s\";\n String pipeName = namedPipeAddress.getPipeName();\n String transport = format(addressFormat, transportName, pipeName);\n return addressFactory.newResourceAddress(transport, nextProtocol);\n }\n\n private ResourceAddress createResourceAddress(InetSocketAddress inetSocketAddress, String nextProtocol) {\n String transportName = getTransportName();\n InetAddress inetAddress = inetSocketAddress.getAddress();\n String hostAddress = inetAddress.getHostAddress();\n String addressFormat = (inetAddress instanceof Inet6Address) ? \"%", "s://[%s]:%s\" : \"%s://%s:%s\";\n int port = inetSocketAddress.getPort();\n String transport = format(addressFormat, transportName, hostAddress, port);\n return addressFactory.newResourceAddress(transport, nextProtocol);\n }\n\n protected abstract IoConnectorEx initConnector();\n\n protected abstract String getTransportName();\n\n // TODO confirm session config should not be used instead\n protected abstract void registerConnectFilters(ResourceAddress address, IoSession session);\n\n protected final Properties getConfiguration() {\n return configuration;\n }\n\n}\n" ]
{ "pile_set_name": "Github" }
[ 0.0010693378280848265, 0.0006133938441053033, 0.0005749124684371054, 0.0005534342490136623, 0.0005547429318539798, 0.0009745116112753749, 0.0020037174690514803, 0.0007958448259159923, 0.0020037174690514803, 0.0007832850678823888, 0.0009582251659594476, 0.0009439403074793518, 0.0011014705523848534, 0.0008958891849033535, 0.0009472733363509178, 0.0007753939717076719, 0.001034222892485559, 0.0006775773945264518, 0.000683438207488507, 0.0008140504942275584, 0.0007334274123422801, 0.0006714077317155898, 0.0007485356763936579, 0.0007489601848646998, 0.000745411787647754, 0.0011710765538737178, 0.0008798404596745968, 0.0008452542824670672, 0.0009165096562355757, 0.0008567912736907601, 0.0008082923595793545, 0.0016173474723473191, 0.0011704175267368555, 0.000934048555791378, 0.0013223106507211924, 0.0007854140712879598, 0.0009776889346539974, 0.0010271540377289057, 0.0009170058183372021, 0.0030407914891839027, 0.006699311546981335, 0.0019919532351195812, 0.0008977712132036686, 0.001245700172148645, 0.00120400486048311, 0.0032909265719354153, 0.0007147980504669249, 0.0009581015328876674, 0.0006565583753399551, 0.0008281067130155861, 0.015422220341861248, 0.001192735624499619, 0.0010021715424954891 ]
0.00143
53
[ "Germ line development in the grasshopper Schistocerca gregaria: vasa as a marker.", "\nVasa is a widely conserved germline marker, both in vertebrates and invertebrates. ", "We identify a vasa orthologue, Sgvasa, and use it to study germline development in the grasshopper Schistocerca gregaria, a species in which no germ plasm has been identified. ", "In adults, Sgvasa is specifically expressed in the ovary and testis. ", "It is expressed at high levels during early oogenesis, but no detectable vasa RNA and little Vasa protein are present in mature unlaid eggs. ", "None appears to be localized to any defined region of the egg cortex, suggesting that germline specification may not depend on maternal germ plasm expressing vasa. ", "Vasa protein is expressed in most cleavage energids as they reach the egg surface and persists at high levels in most cells aggregating to form the embryonic primordium. ", "However, after gastrulation, Vasa protein persists only in extraembryonic membranes and in cells at the outer margin of the late heart-stage embryo. ", "In the embryo, it then become restricted to cells at the dorsal margin of the forming abdomen. ", "In older embryos, these Vasa-positive cells move toward the midline; Vasa protein accumulates asymmetrically in their cytoplasm, a pattern closely resembling that of germ cells in late embryonic gonads. ", "Thus, we suggest that the Vasa-stained cells in the abdominal margin are germ cells, as proposed by Nelson (1934), and not cardioblasts, as has been proposed by others." ]
{ "pile_set_name": "PubMed Abstracts" }
[ 0.000690918299369514, 0.0006882856250740588, 0.0006467683124355972, 0.14180539548397064, 0.0007250685594044626, 0.0006660157814621925, 0.001773399068042636, 0.0007209108443930745, 0.000566587783396244, 0.0011124525917693973, 0.0007947781123220921 ]
0.013654
11
[ "Q:\n\nHow can I embed a graph from d3js with CSS\n\nI am trying to fix a graph created with j3ds:\nvar svg = d3.select(\"#box\").append(\"svg\")\nIn a css class called box:\n\n.box {\r\n background-color: transparent;\r\n width: 1200px;\r\n height: 600px;\r\n border: 5px solid green;\r\n padding: 25px;\r\n margin: 25px;\r\n font: 1px sans-serif;\r\n}\n\nWith this conde it's appear nothing, I can't embed it in that box, would appreciate some help.", "\nThanks.", "\n\nA:\n\nYou have a css mismatch.", "\nYour javascript uses #box but your css specifies .box\n\n" ]
{ "pile_set_name": "StackExchange" }
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[ "Lac Departure\n\nLac Departure () is a lake in Petit-Mécatina, Le Golfe-du-Saint-Laurent Regional County Municipality, in the Côte-Nord region of Quebec, Canada. ", "It is in the Gulf of Saint Lawrence drainage basin.", "\n\nThe lake has one unnamed inflow, at the north, and one unnamed outflow at the south. ", "That outflow eventually reaches Lac Ruel, which empties via the Rivière de Salmon Bay to Baie Salmon on the Gulf of Saint Lawrence.", "\n\nReferences\n\nDeparture" ]
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0.000745
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[ "1. ", "Field of the Invention\nThis invention relates to a circuit for detection of a Dual Tone Multiple Frequency (DTMF) signal and for coincidence timing (i.e. insuring that two valid tone signals are simultaneously present for a predetermined duration of time). ", "More particularly it relates to improvements in such a circuit regarding its capability of resolution at the leading edge of a DTMF signal burst.", "\n2. ", "Description of the Prior Art\nA tone receiver is an electronic device used in telecommunications systems to convert a (DTMF) signal into a multiple digit binary code. ", "The format of a DTMF signal consists of high and low tone signal bands (697-941 Hz., ", "and 1209-1633 Hz.). ", "Each band carries a selected one tone of a predetermined set of four tone signals unique to the respective band. ", "That is, there is simultaneous presence of two tones, with one in each band, and with each such one tone in each band being a selected one of four possible tones for the band. ", "The DTMF signal system is sometimes referred to as the \"2-of-8\" signal system.", "\nUnder U.S. telecommunication practices, a DTMF signal burst must be rejected if less than 20 milliseconds in duration, but must be detected if it is of 40 milliseconds duration or longer. ", "A common practice is to design a tone receiver to detect signal bursts which are 30 milliseconds in duration or longer. ", "The importance of good resolution at the leading edge of a DTMF signal burst and of minimizing the delay in initiating the coincidence timer for measuring the duration of the burst is apparent. ", "Stated another way, it is important that as much of signal burst as possible be available for timing by the duration timer.", "\nIn one specific, it is important for a change in DTMF signal to be recognized in the situation of an occurrence without interruption of a shift from one valid DTMF signal to another valid DTMF signal. ", "Also, because of the tendency of the selective filters (which are components of the tone detectors) to \"ring\", another very similar situation must be addressed. ", "That is, it is important for the leading edge of a true DTMF signal to be recognized under the circumstances of such a false \"ringing\" signal followed immediately by a valid DTMF signal.", "\nAccordingly, among the objects of the present invention are the provision of: claims 1 15, 0\n1. ", "A tone combination detector and coincidence timer circuit which provides improved resolution at the leading edge of a DTMF signal burst.", "\n2. ", "A circuit in accordance with the first enumerated object, which is further capable of recognizing a change in DTMF signal under the circumstances of an occurrence without interruption of a shift from one valid signal to another.", "\n3. ", "A circuit in accordance with the enumerated object, which is further capable of recognizing the leading edge of a true valid DTMF signal burst under the circumstances of a false \"ringing\" of selective filter of the tone receiver followed immediately by a true valid DTMF signal.", "\n4. ", "A circuit in accordance with the first enumerated object, which causes a minimal degradation of time response of the coincidence timer." ]
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[ "Best Website Development, Website Design, Responsive Design, eCommerce Solution and Wordpress Development Service Provider\n\nR Software Solution's mission is to build true long term and mutually profitable relationships with our customers by providing quality services to meet their expectations and budget.", "\n\nWe offer a wide range of services to reach your targeted audience and share your valuable information focusing on retaining your customers. ", "Our service includes Website Development, Website Design, Corporate profiles and presentations, eCommerce solution, Application development, maintenance, and re-engineering.", "\n\nAll web development and software development projects carry a three months warranty. ", "If you encounter any bug in three months of the delivery date of your project, we will fix it at no extra cost.", "\n\nIn these days web development is a very fast growing area in IT sector. ", "Many people, company shopkeeper and lot of different kind of business people want online business. ", "These all people are looking very profitable website and ecommerce website and very different type of website for fulfilling the own need. ", "We are providing perfect solution for these people in web development, web designing, logo designing and smart phone application.", "\n\nWe are very fast growing company in web development and designing. ", "We work on any project till last satisfaction of client. ", "Our best features are low cost development and three month free support within the site requirement.", "\n\nSo, Now you can also get a Profitable, Personal, Charity, Networking, Job Portal, Travel & Tourism, Corporate and more website at low cost." ]
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0.000599
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[ "The utility of the Psychopathy Checklist: Youth Version (PCL: YV) and the Youth Psychopathic Trait Inventory (YPI)--Is it meaningful to measure psychopathy in young offenders?", "\nThis study examined the convergent validity of 2 youth psychopathy instruments, the Psychopathy Checklist: Youth Version (PCL: YV) and the Youth Psychopathic Trait Inventory (YPI) and their relationship with problem behaviors and recidivism in an Australian sample of young offenders in custody. ", "The PCL: YV demonstrated a capacity to identify severely antisocial youth; however, the tool was unable to differentiate between potentially psychopathic and nonpsychopathic antisocial youth. ", "The YPI was receptive to a wide variety of problem behaviors which precluded the unique identification of core psychopathic traits in the sample. ", "Both instruments were unable to meaningfully distinguish between recidivists and nonrecidivists. ", "As such, the PCL: YV and the YPI demonstrate limited utility for antisocial young offenders in custody. ", "Further research on the durability and developmental manifestation of psychopathy in adolescents is necessary before these instruments are employed in similar contexts. ", "Implications for the clinical use of psychopathy measures are discussed." ]
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[ "Media playback is unsupported on your device Media caption Dr Michael Berenbrink from the University of Liverpool explains how marine mammals are able to hold their breath for so long.", "\n\nScientists say they have solved the mystery of one of the most extreme adaptations in the animal kingdom: how marine mammals store enough oxygen to hold their breath for up to an hour.", "\n\nThe team studied myoglobin, an oxygen-storing protein in mammals' muscles and found that, in whales and seals, it has special \"non-stick\" properties.", "\n\nThis allowed the animals to pack huge amounts of oxygen into their muscles without \"clogging them up\".", "\n\nThe findings are published in Science.", "\n\nDr Michael Berenbrink from the Institute of Integrative Biology at the University of Liverpool took part in the study.", "\n\nHe said that scientists had long wondered how marine mammals managed to pack so much of this vital protein into their bodies.", "\n\n\"At high enough concentrations, [proteins] tend to stick together, so we tried to understand how seals and whales evolved higher and higher concentrations of this protein in their muscles without a loss of function,\" he told BBC News.", "\n\nImage caption The sperm whale can dive for up to an hour and to depths of a kilometre\n\nThe team extracted pure myoglobin from the muscles of mammals - from the land-based cow, to the semi-aquatic otter, all the way up elite divers like the sperm whale.", "\n\nIt also allows us to estimate the dive times of the ancient ancestors of whales Dr Michael Berenbrink , University of Liverpool Learn more about great whales\n\nLed by researcher Scott Mirceta, this painstaking examination traced the changes in myoglobin in deep-diving mammals through 200 million years of evolutionary history.", "\n\nAnd it revealed that the best mammalian breath-holding divers had evolved a non-stick variety of myoglobin.", "\n\nThe secret, Dr Berenbrink explained, was a subtle but crucial piece of chemical trickery; marine mammal myoglobin is positively charged.", "\n\nThis has important physical consequences. ", "Dr Berenbrink explained: \"Like the similar poles of a magnet; the proteins repel one another.\"", "\n\n\"In this way we think the animals are able to pack really high concentrations of these proteins into their muscles and avoid them sticking together and clogging up the muscles.\"", "\n\nMedia playback is unsupported on your device Media caption Aquarist Kylie Warner explains how common seals hold their breath for 30 minutes\n\nDr Berenbrink said he was excited by the discovery because it helped make sense of the incredible changes that took place in mammals' bodies as they evolved from land-based animals to the aquatic, air-breathing creatures that inhabit the oceans today.", "\n\nIt showed, he said, the physiological change that accompanied the land to water transition of mammals.", "\n\n\"It also allows us to estimate the dive times of the ancient ancestors of whales,\" Dr Berenbrink explained.", "\n\n\"We can look the fossils and predict the dive times they had.\"", "\n\nUnderstanding exactly how mammals' bodies store oxygen so efficiently could also aid medical research.", "\n\nCopying this bit of natural chemistry could aid the development of oxygen-carrying liquids that would deliver emergency supplies of oxygen to a person's tissues when a blood transfusion is not possible.", "\n\nBut its biggest impact will be in the realm of evolutionary biology.", "\n\nImage caption Harbour seals routinely hold their breath for 30 minutes and even sleep underwater\n\nNicholas Pyenson, curator of fossil marine mammals at the Smithsonian Institution in Washington DC, said that the study was an exciting advancement for understanding the evolution of deep-diving.", "\n\n\"The idea that we can estimate maximal dive times for early diverging relatives of today's marine mammals will have a profound impact on how we think about their ancient ecology and biology,\" he told BBC News.", "\n\nProfessor Michael Fedak from the University of St Andrews' Sea Mammal Research Unit pointed out that myoglobin was only \"part of the story\" of how marine mammals were able to dive.", "\n\n\"But it's an important part,\" he said.", "\n\nThe scientist, who was not involved in this study, explained that a great deal of research at the moment was looking into how marine mammals manage to survive repeatedly cutting off and re-establishing the blood supply to their body tissues, something he likened to repeatedly suffering a crush injury.", "\n\n\"But being able to pick up a few [fossilised] bones of an extinct marine mammal and estimate its dive time from that - that's miraculous.\"" ]
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[ "Cardiac alert.", "\nCardiac Alert is a transtelephonic ECG monitoring service for general practitioners and high risk cardiac patients. ", "Figures provided by the British I leart Foundation currently estimate that 300,000 people suffer a heart attack in the UK each year; 25 per cent of these people the within one hour. ", "Of the 75 per cent who reach hospital alive, two-thirds go on to live for a year or more. ", "Thus 43 per cent of all heart attack victims are dead within a year. ", "World Health Organization figures show the mortality rate from coronary heart disease in Great Britain as one of the highest in the world." ]
{ "pile_set_name": "PubMed Abstracts" }
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[ "ISIS terrorists released a video Tuesday that claims to show the beheading of American journalist Steven Sotloff — apparently at the hands of the same fiend who executed James Foley two weeks ago.", "\n\nThe killer — dubbed “John the Beatle” — taunts on the new video, “I’m back, Obama” before sawing off his victim’s head with a large knife.", "\n\nIn the gruesome footage, titled “A second message to America,’’ Sotloff can be seen kneeling in orange garb in front of his black-masked executioner after news footage of President Obama talking tough about the Syrian terror group.", "\n\nSotloff, with his hands tied behind his back, stoically tells the camera that he is “paying the price’’ for US intervention in Syria.", "\n\n“Obama, your foreign policy of intervention in Iraq was supposed to be for the preservation of American lives and interests. ", "So why is it that I am having to pay the price of your interference with my life? ", "Am I not an American citizen?” ", "the Florida man says.", "\n\nHis ISIS killer then says in a British accent, “I’m back, Obama, and I’m back because of your arrogant foreign policy towards the Islamic State.", "\n\n“Just as your missiles continue to strike our people, our knife will continue to strike the necks of your people.”", "\n\nAs Sotloff struggles and tries to stand, his killer starts to slit his throat.", "\n\nThe camera cuts out to black, then footage shows what appears to be Sotloff’s severed head placed on his stomach.", "\n\nThe terror thugs said a British captive, David Cawthorne Haines, would be next.", "\n\nFootage of Haines, believed to be a security worker for humanitarian-aid groups, was shown in the same kneeling position as Foley and Sotloff before their executions.", "\n\nThe killer, apparently referring to Britain, warns “governments that enter this evil alliance of America . . . ", "to back off and leave our people alone.”", "\n\nSotloff’s anguished mother, Shirley, pleaded for mercy from her son’s captors in a heartbreaking video released last week.", "\n\n“My son Steven is in your hands,” Shirley Sotloff said.", "\n\nSotloff’s grief-stricken father declined comment to The Post after the beheading video surfaced Tuesday.", "\n\n“We’re too upset. ", "The only thing I have to say is that they’re heartbroken,” a friend said of the family.", "\n\nA family spokesman added, “The family knows of this horrific tragedy and is grieving privately.”", "\n\nFoley’s family, still reeling from his death, said in a statement on Facebook, “We pray for the soul of Steve Sotloff and for his family and friends.”", "\n\nWhite House Press Secretary Josh Earnest was in the middle of a daily briefing with reporters in DC when news surfaced about the new video, which lasted just under 3 minutes.", "\n\nEarnest said authorities were working to confirm whether the video was real.", "\n\n“The United States has dedicated significant time and resources in an attempt to rescue Mr. Sotloff,’’ he said. ", "The video “is something that will be analyzed very carefully by the U.S. government and our intelligence officials to determine its authenticity.", "\n\nOur thoughts and prayers are with Mr. Sotloff and Mr. Sotloff’s family,” Earnest added.", "\n\nSotloff — who freelanced for TIME magazine as well as Foreign Policy and the Christian Science Monitor — was abducted in Syria in August 2013.", "\n\nHe was captured near Aleppo after entering the country from Turkey.", "\n\nHe was last seen in the grisly video of Foley’s execution — when the terrorist killers threatened that he would be next.", "\n\n“The life of this American citizen, Obama, depends on your next decision,” Foley’s ISIS killer hissed at the time.", "\n\nIn the video released Tuesday, Sotloff recites an apparently coerced, anti-American speech, as did Foley, before his death.", "\n\n“I am Stephen Joel Sotloff, I’m sure you know exactly who I am by now, and why I am appearing before you. ", "And now it is time for my message,’’ Sotloff says.", "\n\n“You have spent billions of US taxpayers dollars, and we have lost thousands of our troops in our previous fighting against the Islamic State. ", "So where is the American interest in reigniting this war?” ", "he adds, addressing Obama.", "\n\n“From what little I know about foreign policy, I remember a time where you couldn’t win an election without promising to bring our troops back home from Iraq and Afghanistan and to close down Guantanamo.", "\n\n“Here you are now Obama, nearing the end of your term and having achieved none of the above and deceivingly marching us, the American people into a blazing fire,” Sotloff says.", "\n\nHis murderer says the freelance journalist’s death is retribution for recent US airstrikes on ISIS strongholds, such as around the Mosul Dam and Amirli.", "\n\nAt the start of the video, footage is aired of Obama saying,”The United States of America will continue to do what we must do to protect our people. ", "We will be vigilant and we will be relentless.", "\n\n“When people harm Americans anywhere, we will do what’s necessary to see that justice is done. ", "And we will act against [ISIS] standing alongside others.”", "\n\nThe masked killer responds, “You, Obama, have but to gain from your actions but another American citizen.”", "\n\nBut US officials said Tuesday they are undeterred in their battle against the terrorists.", "\n\n“As long as they continue to pose a threat to the [dam], we’re going to continue to hit ’em, and we are,” said Pentagon spokesman Rear Admiral John Kirby.", "\n\n“This is not an organization that we haven’t been watching,” Kirby said.", "\n\nStill, “the speed with which they took control of the north in Iraq definitely got a lot of people’s attention. ", "Nobody expected that four divisions of the Iraqi army would fold the way they did.”", "\n\nAs for Sotloff, TIME editor Nancy Gibbs said in a statement: “Steven was a valued contributor to TIME and other news organisations, and he gave his life so readers would have access to information from some of the most dangerous places in the world. ", "Our thoughts and prayers are with him and his family.”", "\n\nAdditional reporting by Marisa Schultz in Washington" ]
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0.036768
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[ "Tylosis jimenezii\n\nTylosis jimenezii is a species of beetle in the family Cerambycidae. ", "It was described by Dugès in 1879.", "\n\nReferences\n\nCategory:Trachyderini\nCategory:Beetles described in 1879" ]
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[ "Q:\n\nEmail forwarding\n\nWe run multiple brands on multiple servers, and what we basically want is for Postfix (which I have set up and forwarding successfully) to forward on <username>@brand2.com to <username>@brand1.com.", "\nAll it needs to do is receive mail for any username at brand 2 and forward it to the same username but at brand 1.", "\nSo for example if I emailed dave@brand2.com it would forward it to dave@brand1.com .", "\nIs this possible, if so could anyone advise how I would go about this?", "\n\nA:\n\nIt is a trivial thing. ", "Postfix has two mechanisms similar to forwarding: first, the \"orderly\" /etc/aliases, and the second is the virtual aliasing. ", "Its configuration file is in most cases in /etc/postfix/virtual. ", "This second is capable to the so-named \"domain forwarding\", by the most trivial syntax:\n@brand1.com: @brand2.com\n\nDon't forget to run a postmap virtual after changing this file.", "\n\n" ]
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[ "<project xmlns=\"http://maven.apache.org/POM/4.0.0\"\n xmlns:xsi=\"http://www.w3.org/2001/XMLSchema-instance\"\n xsi:schemaLocation=\"http://maven.apache.org/POM/4.0.0\n http://maven.apache.org/maven-v4_0_0.xsd\">\n <modelVersion>4.0.0</modelVersion>\n <groupId>com.coverity.security</groupId>\n <artifactId>coverity-escapers</artifactId>\n <packaging>jar</packaging>\n <version>1.3-SNAPSHOT</version>\n <name>coverity-escapers</name>\n <description>Open source library of HTML, JavaScript, and CSS escapers for use by Java applications</description>\n <url>http://coverity.com/security</url>\n\n <parent>\n <groupId>com.coverity.security</groupId>\n <artifactId>coverity-security-library</artifactId>\n <version>1.3-SNAPSHOT</version>\n </parent>\n\n <licenses>\n <license>\n <name>BSD style modified by Coverity</name>\n <distribution>repo</distribution>\n </license>\n </licenses>\n\n <developers>\n <developer>\n <id>neuroo</id>\n <name>Romain Gaucher</name>\n <email>rgaucher@synopsys.com</email>\n </developer>\n <developer>\n <id>acchou</id>\n <name>Andy Chou</name>\n <email>achou@coverity.com</email>\n </developer>\n <developer>\n <id>jonpasski</id>\n <name>Jon Passki</name>\n <email>jpasski@coverity.com</email>\n </developer>\n <developer>\n <id>kuza55</id>\n <name>Alex Kouzemtchenko</name>\n <email>akouzemtchenko@coverity.com</email>\n </developer>\n </developers>\n\n <properties>\n <project.build.sourceEncoding>UTF-8</project.build.sourceEncoding>\n </properties>\n\n <dependencies>\n <dependency>\n <groupId>junit</groupId>\n <artifactId>junit</artifactId>\n <version>3.8.1</version>\n <scope>test</scope>\n </dependency>\n <dependency>\n <groupId>org.jacoco</groupId>\n <artifactId>jacoco-maven-plugin</artifactId>\n <version>0.7.7.201606060606</version>\n <scope>test</scope>\n </dependency>\n </dependencies>\n\n <build>\n <resources>\n <resource>\n <directory>src/main/java</directory>\n <includes>\n <include>**/*.properties</include>\n <include>**/*.xml</include>\n <include>**/*.tld</include>\n </includes>\n </resource>\n <resource>\n <directory>src/main/resources</directory>\n </resource>\n </resources>\n </build>\n</project>\n" ]
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[ "Photoblepharon steinitzi\n\nThe flashlight fish (Photoblepharon steinitzi) is a species of saltwater anomalopid fish of the order Beryciformes. ", "It is native to the western Indian Ocean and the Red Sea where it is found near coral reefs. ", "It is small at only in length, and relatively stout compared to other members of its family. ", "It has a mostly solid black body, with the exception of white discoloration around its pectoral fins and a lateral line of reflective scales. ", "It is most notable for the bioluminescent organs located underneath its eyes, which it uses to find prey, evade predators, and communicate with other members of its species. ", "Like other Beryciformes, its reproduction is oviparous. ", "It has little or no commercial value, and this combined with its timid, nocturnal nature makes population sizes and trends unknown. ", "As such, it is listed as Data Deficient by the International Union for the Conservation of Nature.", "\n\nTaxonomy and phylogeny\nThe first scientific description of the flashlight fish as a distinct phylogenetic group was authored in 1973 by ichthyologists Tokiharu Abe and Yata Haneda. ", "In this paper, it was assigned subspecific status as P. palpebratus steinitzi. ", "Due to morphological differences and the geographic distance between collection of specimens, it was reclassified as its own species in 1987 by John E. McCosker. ", "Its generic name comes from Greek: \"photo\" meaning \"light\" and \"blepharon\" meaning \"eyelash.\"", "\n\nThe flashlight fish is one of the more derived members of Anomalopidae. ", "It shares reflective lateral line scales with P. palpebratum, Kryptophaneron, and Phthanophaneron. ", "These scales are enlarged in Kryptophanaraon and Photoblepharon, indicating that they are a unique synapomorphy of the two. ", "Refinment of the shutter mechanism down the cladogram is further confirmation of its placement of genera.", "\n\nDescription\nThe flashlight fish has a short, stout, darkly colored body. ", "Its blunt snout and large eyes are characteristic of anomalopids. ", "Its pectoral fins are preceded by a white splotch, and its preopercle may have a light spot of discoloration, though this is not always the case. ", "A small or absent discoloration of the preopercle distinguishes it from P. palpebratum, which has a larger and bolder white spot. ", "A line of reflective scales run the length of its body from the operculum to the caudal fins. ", "The light organs beneath its eyes are white, but emit a blue-green light in the dark. ", "The fish also possesses black lids that can slide up to cover the bioluminescent organs. ", "The maximum recorded length for this species is TL.", "\n\nDistribution and habitat\nThe flashlight fish has a wide range across the western Indian Ocean and the Red Sea. ", "With a latitudinal range between 21°S and 45°N, it has been collected from various islands, including Réunion and Comoros, to as far east as Maldives, as well as north to Somalia, Oman, Israel, and Egypt. ", "Its typical habitat has a water temperature of and a salinity of 35 PSU. ", "It is typically found in and around coelacanth caves up to in depth during the day. ", "At night it large groups can be seen around coral reefs in depth.", "\n\nBiology and ecology\nThe flashlight fish is a nocturnal predator. ", "It hides in caves and rock crevices during the day and emerges at night to feed. ", "It forms large schools of up to a hundred individuals, the combined light from which can illuminate large areas of reef. ", "Its lights help to both attract and reveal hidden prey, usually crustaceans in the water column. ", "In addition to helping the fish search for food, its light organs also allow the flashlight fish to communicate with other members of its species and evade predators. ", "Mated flashlight fish pairs will ward off other flashlight fish encroaching on their territory by shutting off their lights, swimming nearly on top of the offending fish, and then turning the lights on again to scare it away. ", "Flashlight fish's light organs also serve as a means of evasion. ", "When disturbed or threatened, or when swimming over an open area, individuals will use an erratic \"blink-and-run\" pattern of swimming slowly in one direction with their lights on, shutting off their lights, darting away in an unpredictable direction, and then blinking their lights rapidly on and off. ", "Little else is known about the biology of this fish.", "\n\nReferences\n\nExternal links\n \n\nflashlight fish\nCategory:Fish of the Indian Ocean\nCategory:Fish of the Comoros\nCategory:Fauna of the Maldives\nCategory:Fish of the Red Sea\nCategory:Vertebrates of Réunion\nCategory:Marine fauna of East Africa\nflashlight fish" ]
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0.002282
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[ "Ben Rubin, the cofounder of the streaming social video app Meerkat , had just arrived at SXSW in Austin, Texas , started handing out bright yellow T-shirts, and was enjoying his app’s massive buzz when he got the call. ", "It was from Twitter: They wanted to let him know that Meerkat’s access to the Twitter graph was being limited within the next two hours.", "\n\nWe thought that we would at least get a week notice–a fair game.", "\n\n“We are not naïve, we knew it was coming,” Rubin tells Fast Company. “", "We thought that we would at least get a week notice–a fair game.”", "\n\nMeerkat borrows Twitter’s social graph so that you don’t need to recruit a whole new group of friends to watch your video live stream using the app. ", "Instead, when you start a session, the app sends a notification to anyone with the app who follows you–a practice that critics have said is a bit spammy. ", "Nevertheless, the app has struck a chord. ", "Since launching two weeks ago, it has attracted celebrity users like Jared Leto along with coverage from CNN, The Guardian, and Time. ", "Meerkat has also won the informal designation as SXSW’s “it” app of the year.", "\n\nTwitter is also interested in live streaming, which is a natural evolution from the short-form video loops of Vine, which Twitter acquired in 2012. ", "In January the company announced that it would acquire the live-streaming app Periscope. ", "But that acquisition was only made official on March 13, and Meerkat’s access to the Twitter social graph followed soon after. ", "A Twitter spokesperson cited the move as “consistent with our internal policy.”", "\n\nFast Company has reached out to Twitter for further comment.", "\n\nWhile Meerkat users can still post videos on Twitter and log in using their Twitter credentials, the Meerkat app will no longer be able to automatically push notifications that announce the live event to all of a Meerkater’s Twitter followers. ", "In other words, Meerkat will need to ask people to build their own social networks from scratch inside the app instead of using the network that its users already built on Twitter.", "\n\n“Want to see something funny?” ", "Rubin asks me." ]
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0.000785
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[ "Adenocarcinoma histology is a poor prognostic factor in locally advanced cervical cancer.", "\nThis retrospective study aimed to compare prognostic factors and survival between adenocarcinoma (AC) and squamous cell carcinoma (SCC) in locally advanced cervical cancer treated at a single center. ", "All medical records of cervical cancer patients with International Federation of Gynecology and Obstetrics (FIGO) stage IIB or IIIA,B, treated between 2004 and 2012, were reviewed. ", "We treated patients with chemoradiotherapy (CRT) followed by brachytherapy (BT). ", "Multivariate logistic regression and Cox proportional hazard models were used to analyze clinicopathological characteristics, patterns of care and outcomes. ", "We included in the analysis 161 patients (52 AC; 109 SCC). ", "Patients with AC were younger (age 50 vs. 55 years), more likely to die from the disease (HR: 1.60; 95% CI: 1.26-2.58; p = .001) and to have disease recurrence (HR: 1.69; 95% C.I: 1.21-2.12; p = .004) than those with SCC. ", "The other significant prognostic factors for overall survival (OS) and recurrence-free survival (RFS) in AC were FIGO stage (p = .001; p = .002), WHO status (0 vs. 1-3; p = .003; p = .04), and hemoglobin level (<12 g/dl>; p = .04; p = .02). ", "The 5 year overall survival for stage II of AC and SCC was 63% and 82% (p = .03), and for IIIA,B it was 33.6% and 73% (p = .0005). ", "The 5 year RFS for AC and SCC stage FIGO IIIA,B was 24% and 57% (p = .001). ", "Adenocarcinoma histology negatively impacts OS and RFS for advanced cervical cancer. ", "Histology-specific therapy may be an opportunity for survival improvement in these women." ]
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0.001339
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[ "I'm interested to know what it is about the Bible that has convinced you that it is of divine origin. ", "I've read most of it and I didn't get that impression. ", "So I would like to ask what parts of the Bible are so insightful, prescient, beautiful, well-written (etc - choose your own factors here) that they could only have come from a supernatural source?", "\n\nLike I said, I wasn't particularly awe-struck by what I read. ", "Am I wrong to expect to be blown over by a book that's been authored by God? ", "Or is this essence lost in its translation to English by men?", "\n\nIt's funny Jake, you seem to be my exact opposite. ", "I had such a strong opposition to the Bible and Christianity that no one could really approach me with any arguments that had any particular effect on me. ", "But one day I just happened to pick up a Bible that someone gave me and was lying around in my room.", "\n\nThe funny thing was that, I didn't expect to be awe-struck by anything at all, I just thought that maybe there might be some small element of truth in it ... somewhere. ", "But I was so completely awe-stricken by every verse I happend to flip open that it completely blew my mind and changed my whole life.", "\n\nThe bible teaches us that we don't choose God, but that he chooses us.", "\n\nIn other words, it is not enough for us to simply pick up a Bible and expect to find God.", "\n\nIsiah 65:1 says \"I revealed myself to those who did not ask for me; I was found by those who did not seek me. ", "To a nation that did not call on my name, I said, 'Here am I, here am I.'\"\n\nI think if you somehow start to understand this then you will have a chance to be awe-sticken, if not then you are in trouble.", "\n\nI'm interested to know what it is about the Bible that has convinced you that it is of divine origin. ", "I've read most of it and I didn't get that impression. ", "So I would like to ask what parts of the Bible are so insightful, prescient, beautiful, well-written (etc - choose your own factors here) that they could only have come from a supernatural source?", "\n\nHmmmmm, okay! ", "I’ll play… Let’s see where this goes. ", "Why am I, a former hedonistic atheist, fully convinced that the Bible is of divine origin?", "\n\nThe many eyewitnesses to the life, ministry, miracles, death, resurrection and ascension of Jesus.", "\n\nThe fact that these eyewitnesses spent the rest of their lives (mostly as itinerant preachers of the Gospel they eye-witnessed) ostracized form those they knew (family member, friends etc…), totally changing everything they knew and followed, wanted by authorities under penalty of imprisonment and death, then the majority of them dying torturous and horrendous deaths (crucifixion, sawn in half, boiled in oil, beheaded etc…) instead of betraying what they eye-witnessed.", "\n\nEye-witnessing miracles myself.", "\n\nLike I said, I wasn't particularly awe-struck by what I read. ", "Am I wrong to expect to be blown over by a book that's been authored by God? ", "Or is this essence lost in its translation to English by men?", "\n\nAlso keep in mind, some folks refuse to be “blown away” regardless of the evidence. ", "Romans chapter One points to this as well.", "\n\nThe funny thing was that, I didn't expect to be awe-struck by anything at all, I just thought that maybe there might be some small element of truth in it ... somewhere. ", "But I was so completely awe-stricken by every verse I happend to flip open that it completely blew my mind and changed my whole life.", "\n\nThe bible teaches us that we don't choose God, but that he chooses us.", "\n\nIn other words, it is not enough for us to simply pick up a Bible and expect to find God.", "\n\nIsiah 65:1 says \"I revealed myself to those who did not ask for me; I was found by those who did not seek me. ", "To a nation that did not call on my name, I said, 'Here am I, here am I.'\"\n\nOK, so I just tried what you did. ", "In my NRSV I got Psalm 87 – a short song about the Israelites’ spiritual home. ", "Not mind-blowing at all. ", "Then I took my KJV and flipped it open to check that out that version of the Psalm. ", "Imagine my surprise when I opened the KJV right away at……\n\nJoshua 4:19.", "\n\nThere was nothing mind blowing about that either, a nice idea about remembrance. ", "At least it wasn’t one of the geocentric or genocidal verses in that book.", "\n\nBut a person's response to art, music or religion is deeply personal, so I don’t intend to debate anyone’s beliefs here. ", "I was just thinking that, as works of literature, the divinely-inspired books of the Bible should wipe the floor with something that was just penned by mere mortals.", "\n\nWhy am I wrong to assume that in a blindfold Pepsi challenge with any other piece of literature, anything inspired by the greatest being in existence should win every time?", "\n\nOK, so I just tried what you did. ", "In my NRSV I got Psalm 87 – a short song about the Israelites’ spiritual home. ", "Not mind-blowing at all. ", "Then I took my KJV and flipped it open to check that out that version of the Psalm. ", "Imagine my surprise when I opened the KJV right away at……\n\nJoshua 4:19.", "\n\nThere was nothing mind blowing about that either, a nice idea about remembrance. ", "At least it wasn’t one of the geocentric or genocidal verses in that book.", "\n\nBut a person's response to art, music or religion is deeply personal, so I don’t intend to debate anyone’s beliefs here. ", "I was just thinking that, as works of literature, the divinely-inspired books of the Bible should wipe the floor with something that was just penned by mere mortals.", "\n\nWhy am I wrong to assume that in a blindfold Pepsi challenge with any other piece of literature, anything inspired by the greatest being in existence should win every time?", "\n\nWhere did I say that flipping open a Bible would blow anyones mind???? ", "If scripture alone was enough to blow anyone's mind then the jews certainly wouldn't have crucified Jesus.", "\n\nDo you really think the way to find God is through some kind of \"method\"?", "\n\nWhen I picked up the Bible that time, I wasn't trying to test God. ", "The very fact that you are making cheap wise cracks about this shows exactly why nothing happens.", "\n\nI'm interested to know what it is about the Bible that has convinced you that it is of divine origin. ", "I've read most of it and I didn't get that impression. ", "So I would like to ask what parts of the Bible are so insightful, prescient, beautiful, well-written (etc - choose your own factors here) that they could only have come from a supernatural source?", "\n\nLike I said, I wasn't particularly awe-struck by what I read. ", "Am I wrong to expect to be blown over by a book that's been authored by God? ", "Or is this essence lost in its translation to English by men?", "\n\n1) Science knows that 3 things are needed to create a universe. ", "Time space and matter.", "Genesis 1:1 In the beginning God created the heaven and the earth.a. ", "In the beginning = time.b. ", "God created the heaven = universe.c And the earth = matter.", "\n\n2) The position of the earth compared to the sun, plus the earth's tilt and it's rotation determines where we are in time.", "Genesis 1:14 And God said, Let there be lights in the firmament of the heaven to divide the day from the night; and let them be for signs, and for seasons, and for days, and years:How could someone who wrote the Bible so long ago know these things unless they could peer into space from a Creator's view point?", "\n\n3) Three is the number of life and the trinity, seven is God's perfect number. ", "a. The earth is the third planet from the sun and has life.b. ", "Water takes 3 molecules to make and is essential to all life.c. ", "Light from the sun comes in 3 colors: Red Green and blue (RGB). ", "But when put through a prism splits into 7 colors (God's perfect number).d. ", "Our universe came in 3 dimensions: Length, width and depth.e. ", "Time comes in seven basic parts: Seconds, minutes, hours, days, weeks, months, and years.f. ", "There are 7 days to a week.etc...\n\n4) The Bible is the top selling book around the world. ", "No other religious or secular book even comes close. ", "And it still outsells everything. ", "According to statistics from Wycliffe International, the Society of Gideons, and the International Bible Society, the number of new Bibles that are sold, given away, or otherwise distributed in the United States is about 168,000 per day.", "\n\n5) It is the most attacked religion by atheists and others. ", "Why go after a lie when you can go after the truth? ", "For if all religions were the same then all would be attacked as much. ", "But that is not what we see.", "\n\n6) Four is the number of completion. ", "a. There are four seasons. ", "Four divided by twelve is 3 (God's number for life).b. ", "Four phases of the moon.c. ", "Four parts to a full day.d. ", "The sun is 400 times bigger than the moon, and the distance between the moon and sun is 400 times more than the distance moon and the earth. ", "This math makes it possible for a perfect total eclipse that allows us to see the outer atmosphere of the sun while the total eclipse is going on. ", "This also allows us to use a prism during this time to see the flash spectrum of the sun which has allows us to know what gases the sun is made up of. ", "http://yecheadquarters.org/?p=456e. ", "In the YEC belief there used to be a canopy that surrounded the earth until it fell when a meteor hit it causing the flood. ", "And since there are six layers to the atmosphere: 1. ", "Troposphere 2. ", "Stratosphere 3. ", "Mesosphere 4. ", "Thermosphere 5.Ionosphere 6. ", "Exosphere...The canopy would be number 7. ", "God's perfect number.", "\n\n7) The Bible is the only religious book that has prophecy and predictions.", "Predictions: over 8,000Fulfilled prophecy: 3,268 versesUnfulfilled prophecy: 3,140\n\nAnd I could go on and on with this stuff. ", "And I have not even pulled out my book on this yet.", "\n\nUnknowable things can only be divinely inspired. ", "Knowledge is not something poofed out of the air when there really is not anyway to obtain a certain type of knowledge. ", "I could make this post really really long on different information concerning the Bible, but I doubt you would read it all.", "\n\nYou can google: Bible prophecies, Bible predictions, Bible statistics, etc... and find a wealth of information. ", "But just like with any search, some sites are better then others.", "\n\nWhere did I say that flipping open a Bible would blow anyones mind????", "\n\nYou said:\n\n“[O]ne day I just happened to pick up a Bible that someone gave me and was lying around in my room.", "\n\nThe funny thing was that, I didn't expect to be awe-struck by anything at all, I just thought that maybe there might be some small element of truth in it ... somewhere. ", "But I was so completely awe-stricken by every verse I happend to flip open that it completely blew my mind and changed my whole life.", "”\n\nSo I gave it a shot myself. ", "It completely blew your mind. ", "It didn't blow mine. ", "That’s all. ", "The results were disappointing.", "\n\nDo you really think the way to find God is through some kind of \"method\"?", "\n\nI’m not trying to find God. ", "I asked what it is about the Bible that makes people think it could only come from a divine source. ", "Nobody had offered any specifics so I had a flip through.", "\n\nWhen I picked up the Bible that time, I wasn't trying to test God. ", "The very fact that you are making cheap wise cracks about this shows exactly why nothing happens.", "\n\nFair play, it was a cheap joke. ", "But I could have landed on Psalm 87 twice. ", "Then what would you have said?", "\n\nHmmmmm, okay! ", "I’ll play… Let’s see where this goes. ", "Why am I, a former hedonistic atheist, fully convinced that the Bible is of divine origin?", "\n\nThe many eyewitnesses to the life, ministry, miracles, death, resurrection and ascension of Jesus.", "\n\nThe fact that these eyewitnesses spent the rest of their lives (mostly as itinerant preachers of the Gospel they eye-witnessed) ostracized form those they knew (family member, friends etc…), totally changing everything they knew and followed, wanted by authorities under penalty of imprisonment and death, then the majority of them dying torturous and horrendous deaths (crucifixion, sawn in half, boiled in oil, beheaded etc…) instead of betraying what they eye-witnessed.", "\n\nEye-witnessing miracles myself.", "\n\nThanks Ron.", "\n\nI've read your posts in the historicity of Jesus thread, I think we would differ over how much of the Bible is first hand eye-witness testimony.", "\n\nBut since you're playing along, I will too. ", "Take the ascension. ", "Should I not expect the divinely-inspired eye-witness accounts of the ascension to be in perfect accord with each other; free of even a perceived contradiction? ", "It appears that I may be asking too much.", "\n\nAlso keep in mind, some folks refuse to be “blown away” regardless of the evidence. ", "Romans chapter One points to this as well.", "\n\nYes, UppsalaDragby has also suggested that it's my fault that I'm not getting it. ", "You're both welcome to your opinions on that.", "\n\nI'm interested to know what it is about the Bible that has convinced you that it is of divine origin. ", "I've read most of it and I didn't get that impression. ", "So I would like to ask what parts of the Bible are so insightful, prescient, beautiful, well-written (etc - choose your own factors here) that they could only have come from a supernatural source?", "\n\nLike I said, I wasn't particularly awe-struck by what I read. ", "Am I wrong to expect to be blown over by a book that's been authored by God? ", "Or is this essence lost in its translation to English by men?", "\n\nSee my sister site www.bibleevidences.com. ", "While you can always find a way to dismiss and explain away a handful of items we would present you, you can't dismiss the body of evidence that makes our case overwhelming. ", "The BIble is always remarkably accurate whenever it touches on any topic we can confirm scientifically, such as the contrasting gravitational effects on the Pleiades and Orion. ", "It's historical accuracy far surpasses its contemporaries, eg the Biblical account always matches the writings on archaeological findings, while the contemporary secular accounts do not (such as the names of nations, kings, etc); the scores of prophecies, many that can be confirmed via secular, hostile sources; a consistent message throughout despite being written by 40 different authors; heroes of the Bible do no leave out accounts of their human frailty and mistakes, such as King David's infidelity and murder, etc. ", "No other religious book gets anywhere near the Bible in these aspects, they fall far, far behind and are littered with easily refuted claims.", "\n\n1) Science knows that 3 things are needed to create a universe. ", "Time space and matter.", "Genesis 1:1 In the beginning God created the heaven and the earth.a. ", "In the beginning = time.b. ", "God created the heaven = universe.c And the earth = matter.", "\n\n2) The position of the earth compared to the sun, plus the earth's tilt and it's rotation determines where we are in time.", "Genesis 1:14 And God said, Let there be lights in the firmament of the heaven to divide the day from the night; and let them be for signs, and for seasons, and for days, and years:How could someone who wrote the Bible so long ago know these things unless they could peer into space from a Creator's view point?", "\n\nAre you really claiming that ancient people would have been otherwise unaware that there are seasons, days and years? ", "You don’t need divine inspiration to know whether the sun or moon is out, and for how long.", "\n\nAnd the concept of a firmament has long been shown to be incorrect. ", "There’s no such thing.", "\n\nI agree that ancient people didn’t know that the Earth is tilted on its axis, or that it rotates. ", "Does the Bible say that this is the case?", "\n\n3) Three is the number of life and the trinity, seven is God's perfect number. ", "a. The earth is the third planet from the sun and has life.b. ", "Water takes 3 molecules to make and is essential to all life.c. ", "Light from the sun comes in 3 colors: Red Green and blue (RGB). ", "But when put through a prism splits into 7 colors (God's perfect number).d. ", "Our universe came in 3 dimensions: Length, width and depth.", "\n\nThis just seems like arbitrary numerology. ", "How do these things relate to the Bible? ", "If the Bible’s authors knew that we are the 3rd planet from the sun that would be impressive. ", "Did they? ", "If the Bible says that it takes 3 molecules to make water then it’s wrong there. ", "A molecule of water contains 3 atoms. ", "Is that what you meant?", "\n\ne. Time comes in seven basic parts: Seconds, minutes, hours, days, weeks, months, and years.f. ", "There are 7 days to a week.etc...\n\nAgain, with the exception of days and years, these are arbitrary, man-made measurements that post-date the Bible. ", "And only one of these units (days in a week) fits in with your numerology.", "\n\nStill, I’m interested to know where you get these ideas about numbers. ", "What evidence do you have for your claims about the numbers 3, 4 & 7?", "\n\n4) The Bible is the top selling book around the world. ", "No other religious or secular book even comes close. ", "And it still outsells everything. ", "According to statistics from Wycliffe International, the Society of Gideons, and the International Bible Society, the number of new Bibles that are sold, given away, or otherwise distributed in the United States is about 168,000 per day.", "\n\nMaybe so, but perhaps that’s because so many are given away. ", "There have been billions of copies of Mao’s little red book of quotations published, but we’d both agree that it wasn’t divinely inspired.", "\n\nIf it outsells everything why is it missing from the bestseller lists? ", "On Amazon UK the KJV isn’t even in the top 60 of free Kindle downloads, and that’s in its 400th anniversary year, when there’s been heightened publicity in the media.", "\n\n5) It is the most attacked religion by atheists and others. ", "Why go after a lie when you can go after the truth? ", "For if all religions were the same then all would be attacked as much. ", "But that is not what we see.", "\n\nI expect that’s your perception, but that’s probably because as an English-speaking American who’s active on the internet the atheists you encounter are from societies where Christianity is the dominant religion, or the religion that they once had and then lost. ", "A Saudi Arabian atheist would be more likely to attack Islam if he or she felt it could be done without risking imprisonment.", "\n\nIn my country and yours I would argue that in much of the media and public opinion, it's Islam that's been under greater attack in recent years.", "\n\n“Why go after a lie when you can go after the truth?” is an interesting statement coming from someone who sets up a blog and moderates a forum that goes after mainstream science. ", "Is there a reason why that observation shouldn't apply to your actions?", "\n\n6) Four is the number of completion. ", "a. There are four seasons. ", "Four divided by twelve is 3 (God's number for life).b. ", "Four phases of the moon.c. ", "Four parts to a full day.d. ", "The sun is 400 times bigger than the moon, and the distance between the moon and sun is 400 times more than the distance moon and the earth. ", "This math makes it possible for a perfect total eclipse that allows us to see the outer atmosphere of the sun while the total eclipse is going on. ", "This also allows us to use a prism during this time to see the flash spectrum of the sun which has allows us to know what gases the sun is made up of. ", "http://yecheadquarters.org/?p=456e. ", "In the YEC belief there used to be a canopy that surrounded the earth until it fell when a meteor hit it causing the flood. ", "And since there are six layers to the atmosphere: 1. ", "Troposphere 2. ", "Stratosphere 3. ", "Mesosphere 4. ", "Thermosphere 5.Ionosphere 6. ", "Exosphere...The canopy would be number 7. ", "God's perfect number.", "\n\nThis is more numerology, but nothing directly from the Bible itself. ", "What tells you that 4 is the number of completion?", "\n\na) Four divided by twelve is actually 0.33\n\nb ) Or 8, or even 9 if you count the dark moon phase. ", "You could always say that 8=4+4 or that 9=3x3, if you still want to fit phases of the moon into your 3, 4 and/or 7 thing.", "\n\nc) Or just 2 if you read the poetic refrains of the first chapter of Genesis. (", "And the evening and the morning were the nth day)\n\nd) 400 now? ", "This is more of an argument for apparent fine-tuning than for the divine inspiration of the Bible. ", "Unless the Bible mentions something about these relative distances. ", "Does it?", "\n\ne) As I remember it the Ionosphere isn’t really a separate atmospheric layer – it overlaps some of the others, so I think that’s a bit shaky.", "\n\nAnd even Creation Wiki says that Henry Morris’ canopy theory is largely discredited. ", "But if the Bible indicates that its authors had divine inside knowledge about these layers then please show me where I can read it.", "\n\nOn the other hand, if you’re just saying that if you add a layer that doesn’t exist to some layers that do then that adds up to one of 3 numbers that you are asserting are special in some way, then can you understand why I’m underwhelmed?", "\n\n7) The Bible is the only religious book that has prophecy and predictions.", "Predictions: over 8,000Fulfilled prophecy: 3,268 versesUnfulfilled prophecy: 3,140\n\nYour first sentence here is flatly false. ", "Prophecies are found in other religious books, such as the Quran & Hadiths, and the Book of Mormon. ", "Much like your extremely precise figures, some are hits and some are misses. ", "I could get similar results with a free day and a penny.", "\n\nAnd I could go on and on with this stuff. ", "And I have not even pulled out my book on this yet.", "\n\nUnknowable things can only be divinely inspired. ", "Knowledge is not something poofed out of the air when there really is not anyway to obtain a certain type of knowledge. ", "I could make this post really really long on different information concerning the Bible, but I doubt you would read it all.", "\n\nYou’re probably right, I doubt it too.", "\n\nBut if you can just give me the verses that support your claims above, I'll look into it, thanks.", "\n\nHmmmmm, okay! ", "I’ll play Let’s see where this goes. ", "Why am I, a former hedonistic atheist, fully convinced that the Bible is of divine origin?", "\n\nThe many eyewitnesses to the life, ministry, miracles, death, resurrection and ascension of Jesus.", "\n\nThe fact that these eyewitnesses spent the rest of their lives (mostly as itinerant preachers of the Gospel they eye-witnessed) ostracized form those they knew (family member, friends etc ), totally changing everything they knew and followed, wanted by authorities under penalty of imprisonment and death, then the majority of them dying torturous and horrendous deaths (crucifixion, sawn in half, boiled in oil, beheaded etc ) instead of betraying what they eye-witnessed.", "\n\nEye-witnessing miracles myself.", "\n\nThanks Ron.", "\n\nNo problem, that’s what we’re here for.", "\n\nI've read your posts in the historicity of Jesus thread, I think we would differ over how much of the Bible is first hand eye-witness testimony.", "\n\nOf course, as I could have commented about from the your initial posting in the OP. ", "But here’s the problem you’ll have up front Jake. ", "You have absolutely no evidence that refutes the multitudinous first-hand eyewitness accounts. ", "Therefore you have no substantive or factual basis for your assumptive opinion concerning the historical eye-witness testimony.", "\n\nAlso, that wasn’t my historicity of Jesus thread, it was started by another, I simply have numerous comments there. ", "But, I do have post graduate experience in the historical studies (linguistics, social-cultural etc…) of the Middle East. ", "It interests me very much, and it is not hard to refute the misconceptions that atheists, agnostics, Biblical scoffers and liberal scholars attempt to force upon the letters of the New Testament.", "\n\nBut since you're playing along, I will too.", "\n\nOkay, sounds like fun.", "\n\nTake the ascension. ", "Should I not expect the divinely-inspired eye-witness accounts of the ascension to be in perfect accord with each other; free of even a perceived contradiction?", "\n\nNo, actually, you shouldn’t expect a “perfect accord” when listening to the accounts from different persons, as different persons will speak and write from different perspectives. ", "Different peoples will account for the same phenomena from the perspectives within their own social –cultural background, education, and personal upbringing (etc…). ", "In other words, a “tax collector” will have a different perspective on a “happening” than will a “fisherman” or a “scholar” for example. ", "And to attempt to argue that they should be the same is simply absurd.", "\n\nI, myself, am an educator and am retired military. ", "I, in no sense, will attempt to explain something using military jargon, to a civilian classroom and vise-versa (unless the class population is interspersed with military and non-military), in which case I will add caveats to the conversation within my explanations.", "\n\nFurther, if they did explain everything exactly the same “in perfect accord with each other”, the critic would then decry “collusion”. You see, the “critic” will attempt any excuse to pull apart the historical first-hand eyewitness testimony of the letters of the New Testament. ", "Other than actually provide contemporaneous evidences that is. ", "And why don’t they provide substantive evidence against the historical first-hand eyewitness testimony? ", "Because they don’t have any, therefore they have to make arguments from a purely hypothetical and pre-suppositional opinion.", "\n\nIt appears that I may be asking too much.", "\n\nIndeed, you are… I doubt you could even meet your own criteria in that sense.", "\n\nAlso keep in mind, some folks refuse to be “blown away” regardless of the evidence. ", "Romans chapter One points to this as well.", "\n\nYes, UppsalaDragby has also suggested that it's my fault that I'm not getting it. ", "You're both welcome to your opinions on that.", "\n\nIndeed, as are you. ", "But, I wasn’t necessarily speaking of you; I was speaking in general terms, as I haven’t had much interaction with you. ", "But, I have plenty of experience along this line of argumentation with scholars, the technical thinker (logicians etc…) and lay-person alike. ", "So I must speak in generalities in certain circumstances.", "\n\nThe only advice I can give on this is “if the shoe fits”…. ", "I’ll reserve my opinion on the subject pending further review.", "\n\nYou might be interested in this link (pdf). ", "You didn't specify what the Bible said about those stars, or where, so I googled it and this article from Creation.com says that\n\nCan you expand on what you mean?", "\n\nIS that the best you can do?", "\n\nI'm very much aware of this article, it was later refuted amply by Donald DeYoung. ", "Did you read the article? ", "He uses OLD UNIVERSE cosmology to make his argument! ", "When I first saw this article I took it very seriously and read it very carefully, because I was prepared to back away from my claim about the Orion and the Pleiades. ", "Then his assumptions and reliance on millions of years became apparent.", "\n\nI honestly had ranked it as the worst and sloppiest creation article I had come across in years. ", "Funny its the one you gravitated toward.", "\n\nSorry I didn’t realise it was a competition. ", "I just asked you to elaborate on your reference to Pleiades & Orion.", "\n\nI'm very much aware of this article, it was later refuted amply by Donald DeYoung. ", "Did you read the article? ", "He uses OLD UNIVERSE cosmology to make his argument! ", "When I first saw this article I took it very seriously and read it very carefully, because I was prepared to back away from my claim about the Orion and the Pleiades. ", "Then his assumptions and reliance on millions of years became apparent.", "\n\nI’ve read the article but I can’t find mention of old universe chronology. ", "He mentions millions and billions of years in 2 places, but both refer to time in the future not the past.", "\n\n“Modern astronomy has shown that the constituent stars of Pleiades are expected to dissociate within the next 250 million years, and hence Pleiades is an open or unbound cluster. ", "That is, the motions and velocities of its constituent objects are such that the gravitational forces between them are not sufficient to hold it together (as a recognizable cluster) over the longer term. ", "A ‘bound’ cluster, by contrast, can be shown to still be a recognizable grouping even if its motions are projected forward by a billion years or so.", "”\n\nDoes he say the clusters or the universe are old somewhere else?", "\n\nDeYoung makes a similar claim in his rebuttal, along with the confident assertion that “the Pleiades cluster presently looks today much as it did at its beginning on the fourth day of creation,”\n\nHow would he know this? ", "The Crab Nebula doesn’t.", "\n\nI honestly had ranked it as the worst and sloppiest creation article I had come across in years. ", "Funny its the one you gravitated toward.", "\n\nLucky I’m wearing my belt, my sides have just split.", "\n\nIt was the 2nd result in Google after a Baptist sermon which takes the sensible (IMO) view that that verse is just one rhetorical question among many. ", "Then comes a creationist link, so I clicked that in the hope that the explanation missing from your post would be there.", "\n\nInteresting that you think there are sloppy and non-sloppy creation articles. ", "I think I'll start a new thread about them.", "\n\n\"Modern astronomy has shown that the constituent stars of Pleiades are expected to dissociate within the next 250 million years, and hence Pleiades is an open or unbound cluster. ", "That is, the motions and velocities of its constituent objects are such that the gravitational forces between them are not sufficient to hold it together (as a recognizable cluster) over the longer term. ", "A 'bound' cluster, by contrast, can be shown to still be a recognizable grouping even if its motions are projected forward by a billion years or so.\"", "\n\nJake, I can only maintain a level of diplomacy for so long, so here it is - don't be dumb and waste my time. ", "Read what you just quoted. ", "For this creation author to accept evolutionary redefinition of \"bound\" to mean to \"dissociate within the next 250 million years\" is equivocation at best.. When God wrote \"who can Bind the Pleiades\", it is a completely accurate statement in the context of a young universe. ", "If you believe in an old universe, then by golly you can reject this verse and make excuses for it.", "\n\nI don't expect you to believe the verse, given your world view and rejection of the Bible. ", "But I do expect you to accept surface facts, such as\n\n1) The Pleiades are CURRENTLY gravitationally bound, and will remain so for a long time2) The Bible contains a verse where God claims to have bound the Pleiades\n\nDo you deny either of these two facts? ", "If yes, then don't expect a reply becuase you are too dumb to help and you might as well believe in pink monkeys that fly. ", "If no, can 't you see that Hartnett makes an absurd argument for being someone who claims to believe in a YOUNG universe?" ]
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[ "Disagreements over the terms of Britain’s departure from the EU are obscuring the daunting international challenges that await the country once it supposedly shakes off Europe’s shackles. ", "It’s a tough, unforgiving world out there, and 2019 is shaping up to be an even bigger rough-house than usual. ", "By jettisoning a pivotal alliance, Britain no-mates is seriously weakening its capacity to manage these looming threats.", "\n\nThe spectre of Donald Trump lies at the heart of ominous turbulence on the global horizon. ", "Nearly halfway through his term, the 45th US president is helping to create a world where old rules don’t apply and long-held assumptions, such as Britain’s claim to a “special relationship” with Washington, are an anachronistic embarrassment.", "\n\nMarkets braced for turmoil as Trump and Christmas sell-off feed uncertainty Read more\n\nTrump’s is an anarchic realm, dangerous, delusional and chaotic – comparable to a dysfunctional Florida theme park – on which a category five hurricane is bearing down. ", "It is characterised by structural vandalism, and fuelled by self-interest, insults and lies. ", "Trump’s ignorant, confrontational persona informs concerted US efforts to overturn or bypass the rules-based international order – he regularly attacks and undermines the United Nations, the European Union, Nato, the international criminal court, the international court of justice, the World Trade Organisation and efforts to address climate change. ", "It encourages bad behaviour everywhere.", "\n\nTo survive on its own in a world full of hazards, Britain is relying on the familiar frameworks, multilateral institutions, laws, regulations, diplomatic conventions and commercial codes that have governed state-to-state relations since 1945. ", "But it is exactly this consensual rulebook that Trump is recklessly tearing up.", "\n\nIf there is to be a US trade deal with supplicant Britain, for example, it will be on Trump’s onerous “America first” terms. ", "If the whim takes him, his punitive tariff wars will intensify, regardless of their impact on struggling partners. ", "Britain may cast itself as a 21st-century champion of free trade and international engagement, but it is Trump’s protectionist, isolationist and nationalist tropes that are trending worldwide.", "\n\nFacebook Twitter Pinterest ‘Vladimir Putin’s covert hooliganism extends from the Barents Sea to the Sea of Azov.’ ", "Photograph: Alexei Druzhinin/Sputnik/Reuters\n\nIn Trump’s fearful world, the night is full of terrors, and that’s especially true of 2019. ", "The president needs a scary distraction from the deep legal and political trouble he is in at home, especially as he desires a second term. ", "This distraction would preferably come from overseas – for in Trump’s world, foreigners are defined not as friends but as potential foes. ", "Deliberately intensifying the US confrontation with Iran is one deflective possibility. ", "Trump has worked hard to provoke Tehran, reneging on the 2015 nuclear deal and imposing new sanctions over British objections. ", "The Israelis and Saudis would be up for a fight. ", "But for Britain, it would be an unpropitious start to post-Brexit global outreach. ", "At the same time, Trump’s hostility to existing military deployments overseas presage problems on other key policy fronts. ", "A prime example is his rash decision to ignore UK advice and abandon the fight against Islamic State in Syria. ", "US troop withdrawals from Afghanistan, where Britain recently increased troop numbers, may follow. ", "James Mattis, the defence secretary, could not stop him, and resigned in protest. ", "After Brexit, belittled Britain will have less say than ever.", "\n\nRussia is a leading beneficiary of Trump’s contempt for western solidarity and shared values – and a big problem for Britain no-mates. ", "Vladimir Putin poisoned at will in Salisbury, subverted the Brexit vote, and regularly violates British sea, air and cyberspace. ", "His covert hooliganism extends from the Barents Sea to the Sea of Azov. ", "Russian “malign activity” in 2019 will underscore the reality that, in or out, Britain’s external defence and security remain intimately linked to Europe’s.", "\n\nThen there are EU allies to consider. ", "Are they now to be forgotten? ", "Angela Merkel, a European standard-bearer reviled by Trump and German xenophobes alike, is on her way out. ", "France’s unpopular president, Emmanuel Macron, is besieged. ", "If the Franco-German centre cannot hold, rightwing populist-nationalists from Italy to Poland will profit. ", "The threats to Europe’s democratic order are real and pressing. ", "This is Britain’s fight, too, as history shows.", "\n\nSo forget the Irish backstop for a minute. ", "Forget the price of fish. ", "Who will stop Putin and the onwards march of Europe’s hard-right? ", "Not Trump. ", "He welcomes anything that weakens the EU. ", "If or when such crisis points arrive, even the most intransigent Eurosceptic may finally grasp the inescapability of Britain’s European ties and the true worth of European unity.", "\n\nThe post-Brexit challenge posed by China is of a different order: as much moral as economic. ", "The Chinese president, Xi Jinping, is running one of the most repressive regimes on Earth, under whose grim auspices Muslims in Xinjiang, Buddhists in Lhasa, “house church” Christians in Beijing, pro-democracy activists in Hong Kong, and independent media, academics and writers suffer hugely. ", "Trump does not give a hoot about human rights in China or anywhere else. ", "But the British traditionally do. ", "Does Britain really want to become further entangled with a communist dictatorship whose internal repression is matched by an aggressively expansionist, illiberal world view? ", "As the head of MI6 noted recently, there are also grave security risks especially if, as in Britain, Chinese companies are investing in nuclear power and telecoms infrastructure. ", "So, bottom line: how much would Liam Fox and friends give up to sweeten a deal with Beijing? ", "They should remember, while counting pennies and yuan, that values matter more than VAT.", "\n\nFacebook Twitter Pinterest ‘Does Britain really want to cosy up to Recep Tayyip Erdoğan?’ ", "Photograph: Erçin Top/Anadolu Agency/Getty Images\n\nTrump’s second-rank friends are an equally unappealing bunch. ", "Saudi Arabia is a player these days, economically and politically. ", "Yet British gun-running to Riyadh has always been objectionable, ethically speaking. ", "Dodgy deals of that type will be even more insupportable in future, now we know the Saudi crown prince counts assassins among his subordinates. ", "Turkey is another big market – and no friend to Brussels. ", "But does Britain really want to cosy up to Recep Tayyip Erdoğan, whose idea of a good day at the office is killing Kurds and locking up a newspaper editor or two? ", "Or take emerging Brazil. ", "A lot of jolly juicy opportunities there, as Boris Johnson might say. ", "Except Brazil recently elected a hard-right president who plans to burn down the Amazon for cash. ", "This does not sit well with Britain’s climate change commitments.", "\n\nIf push comes to shove, it’s even suggested Britain could revive old Commonwealth ties to sustain its venture into the unknown. ", "But who in the modern Commonwealth needs Britain? ", "India, for example, has moved on since the days of empire. ", "In 2019, its GDP will overtake Britain’s. ", "Any deal with Delhi will be costly. ", "And it may not be long before belittled Britain forfeits its permanent seat on the UN security council, too.", "\n\nOld roles are reversed. ", "The balance of power shifts. ", "In Trump’s world, nobody respects weaklings and has-beens, especially when they used to run the show (or thought they did). ", "Viewed from all those places formerly coloured pink in the atlas, Brexit increasingly looks like payback time. ", "In spurning its European home, self-destructive Britain casts itself unready and unloved into a world of pain.", "\n\n• Simon Tisdall is a foreign affairs commentator" ]
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[ "A report of fulminant malignant hyperthermia in a patient with a novel mutation of the CACNA1S gene.", "\nTo report the identification of a novel mutation in the CACNA1S gene that encodes the alpha-1-subunit (Cav1.1) of the voltage-gated skeletal muscle L-type calcium channel in a patient with malignant hyperthermia. ", "An otherwise healthy 34-yr-old female developed fulminant malignant hyperthermia (MH) under sevoflurane anesthesia during laparoscopic donor nephrectomy. ", "The first sign was an increase in end-tidal CO(2). ", "Malignant hyperthermia was suspected early, and resuscitative measures, including supportive and specific treatment, were successfully implemented. ", "The patient rejected the open muscle biopsy for the Caffeine-Halothane Contracture Test (CHCT); therefore, only molecular genetic testing was performed. ", "Sequencing of the entire ryanodine receptor type 1 transcript did not reveal any MH causative mutations. ", "However, a novel homozygous mutation, p.Arg1086Ser, was identified in the CACNA1S gene that encoded for the alpha-1-subunit of the skeletal muscle L-type calcium channel (Cav1.1). ", "A CACNA1S mutation, p.Arg1086His, involving the same Arg1086 residue that is mutated in our patient has previously been reported in association with MH in three independent families. ", "The homozygous p.Arg1086Ser mutation of CACNA1S, the gene that encodes the alpha-1-subunit of the voltage-gated skeletal muscle L-type calcium channel, is a novel mutation associated with malignant hyperthermia." ]
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[ "Influenza A viruses target type II pneumocytes in the human lung.", "\nHighly pathogenic avian H5N1 influenza viruses preferentially infect alveolar type II pneumocytes in human lung. ", "However, it is unknown whether this cellular tropism contributes to high viral virulence because the primary target cells of other influenza viruses have not been systematically studied. ", "We provide the first comparison of the replication, tropism, and cytokine induction of human, highly pathogenic avian influenza A virus subtype H5N1 and other animal influenza A viruses in primary human lung organ cultures. ", "Subytpe H5N1 and human-adapted subtype H1N1 and H3N2 viruses replicated efficiently in the lung tissue, whereas classic swine and low-pathogenicity avian viruses propagated only poorly. ", "Nevertheless, all viruses examined were detected almost exclusively in type II pneumocytes, with a minor involvement of alveolar macrophages. ", "Infection with avian viruses that have a low and high pathogenicity provoked a pronounced induction of cytokines and chemokines, while human and pandemic H1N1-2009 viruses triggered only weak responses. ", "These findings show that differences in the pathogenic potential of influenza A viruses in the human lung cannot be attributed to a distinct cellular tropism. ", "Rather, high or low viral pathogenicity is associated with a strain-specific capacity to productively replicate in type II pneumocytes and to cope with the induced cytokine response." ]
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[ "\n\nWhy the news business will survive the Internet age - latif\nhttp://www.economist.com/businessfinance/displayStory.cfm?story_id=15108618&source=hptextfeature\n\n======\nsmcnally\npapers have survived radio, tv and cable, too.", "\n\n~~~\nriffic\npapers probably won't survive but news will.", "\n\n" ]
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[ "Advantages Of A Global Strategy For Carbon Emissions Reduction\n\nMarch 10th, 2014 by Guest Contributor\n\nBy Eric Austermann, Vice President, Social & Environmental Responsibility, Jabil.", "\n\nCarbon emissions reduction is among the top objectives for corporate environmental management programs. ", "Not only is the environmental impact of greenhouse gases familiar and visible to the public, it carries a high potential for future regulation. ", "In addition, lowering carbon emissions often goes hand-in-hand with energy cost-cutting, which can provide a critical business advantage.", "\n\nIn many cases, corporations begin their carbon emissions reduction efforts by targeting individual sites and implementing local programs. ", "This tactical approach is a logical way to start, but typically lacks the stringency, oversight, and documentation of a strategic global system. ", "That is why manufacturing solutions provider Jabil continues to replace its site-specific efforts with a Global Environmental Management System and is pursuing multi-site ISO 14001 certification for its locations.", "\n\nInstead of waiting for ISO 14001 compliance requests from customers at the facilities where their products are manufactured, manufacturing solutions providers like Jabil have proactively undertaken the necessary steps, with the goals of:\n\nAdvancing their corporate sustainability strategy\n\nAligning with customers’ current and future environmental goals\n\nReadying the company for upcoming regulations across the world\n\nParticipating in initiatives such as the Carbon Disclosure Project for sharing and managing environmental data\n\nHow it Works\n\nThe Global Environmental Management System is a platform for executing corporate sustainability commitments. ", "Under this platform, reducing carbon emissions is the primary target where all sites are held equally accountable for contributing to carbon reduction and complying with internal requirements that are more stringent than localized (site-level) mandates. ", "The Global Environmental Management System provides the ability to execute global initiatives and assess progress at a corporate level.", "\n\nWhile this system embraces a holistic (corporate and global) focus, it is complemented by grassroots employee engagement campaigns to drive local involvement and enthusiasm. ", "An example is a program entitled Do Your 2, which challenges every employee to do two things to support carbon and energy reduction goals – from turning out unnecessary lights to replacing plastic water bottles with reusable bottles or water coolers.", "\n\nExample Projects Across the Globe\n\nThere are several major projects that can help support global carbon emission reduction goals. ", "The first example comes from Asia, where a manufacturing solutions provider reduced the consumption of liquid nitrogen (LN 2 ) used for testing electronic products and components and cooling certain types of equipment. ", "The lifecycle of LN 2 requires large amounts of energy and, therefore, generates significant carbon emissions.", "\n\nThe project involved upgrading cooling chambers from LN 2 to a water chiller system and installing a nitrogen gas generator system on site to avoid transporting the material. ", "The results have been impressive: energy consumption in cooling chambers was slashed by 71 percent, transport of LN2 was eliminated and equipment power consumption in the facility was cut in half. ", "The total reduction of CO 2 emissions per year totaled 13,935 metric tons.", "\n\nA facility in Mebane, N.C., created a factory sustainability program with multiple components. ", "Installation of a 0.25 megawatt solar system on the roof has saved 330,000 kwh of electricity over 2.5 years. ", "Four wind turbines powered by a small electric press add another source of renewable energy. ", "Further, the facility is recycling scrap materials from its production line, which cuts landfill by about one million pounds annually. ", "Overall, the project is cutting carbon emissions by 225 metric tons per year.", "\n\nTwo initiatives in Europe are achieving notable results. ", "In Kwidzyn, Poland, at a company that manufactures solar panels, the factory analyzed the energy required to produce one panel and has implemented process improvements that reduced that amount by 32 percent. ", "On an annual basis, that equates to a reduction of 145,000 kwh of electricity and 100 metric tons of CO 2 emissions. ", "At another facility in the Netherlands, a number of projects, such as replacing the lighting and heating/cooling systems and optimizing warehousing to reduce overhead, led to a savings of 1.1 million kW-h of energy and 1150 metric tons of CO 2 emissions over a three-year period.", "\n\nThe combined amount of carbon emissions saved by the four initiatives outlined above is over 15,000 metric tons. ", "According to the US Environmental Protection Agency greenhouse gas equivalence calculator, this equates to a reduction equivalent to 1,681,614 gallons of gasoline or electricity usage for 2,064 homes for one year.", "\n\nHow We Are Doing\n\nThe Global Environmental Management System has yielded both tangible and intangible benefits. ", "As a result of the significant carbon emission reduction accomplishments, Jabil for example was able to reduce global emissions by 16% from 2009 (baseline) to 2011. ", "Due to business mix changes in 2012 that caused significant growth in energy-intensive operations, companies like Jabil may have ended CY2012 at a cumulative 4% carbon emissions reduction from the 2009 baseline, leading to companies possibly setting new baselines for their carbon emissions reduction program in CY2013, keeping the company on track to consistently achieve a cumulative 2–5% reduction between each baseline.", "\n\nThis strategy has put manufacturing solutions providers in an excellent position to comply with anticipated environmental regulations in various countries, such as China. ", "By obtaining accurate (third-party-verified) carbon emissions by factory, companies can target key facilities that are approaching or exceeding the anticipated caps imposed by local governments. ", "Leveraging this accurate data, they can drive focused programs and initiatives to reduce energy consumption in advance of regulatory changes. ", "For example, last year Jabil conducted a focused energy audit in the company’s Shenzhen, China, site, along with other projects. ", "As a result, they are already saving nearly 50,000 kwh per month in energy consumption.", "\n\nThe ability to meet customer requirements is another benefit of the global strategy, giving the company a competitive advantage by making it easier and more appealing to do business with the company. ", "For instance, in September 2013, HP announced a greenhouse gas emissions reduction goal of 20% from 2010 to 2020 for its first-tier manufacturing and product-transportation supply chain partners. ", "As other customers implement sustainability goals involving suppliers, companies are prepared to meet them.", "\n\nConclusion\n\nAlthough adopting a rigorous global carbon emissions reduction strategy involves more planning, coordination, and effort than site-by-site tactics, the return on investment (ROI) is significant. ", "This type of strategy can deliver immediate benefits in environmental protection and corporate cost reduction, while providing a strong foundation for compliance with upcoming regulations and changing customer expectations for suppliers. ", "In addition, it allows organizations to play a role in global sustainability initiatives, helping to enhance their reputation for corporate responsibility.", "\n\n\n\n\n\n\n\n\n\nAppreciate CleanTechnica’s originality? ", "Consider becoming a CleanTechnica member, supporter, or ambassador — or a patron on Patreon.", "\n\nSign up for our free daily newsletter or weekly newsletter to never miss a story.", "\n\nHave a tip for CleanTechnica, want to advertise, or want to suggest a guest for our CleanTech Talk podcast? ", "Contact us here.", "\n\nLatest Cleantech Talk Episode" ]
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[ "/*\n**********************************************************************\n* Copyright (C) 2001, International Business Machines\n* Corporation and others. ", " All Rights Reserved.", "\n**********************************************************************\n* file name: umsg_imp.h\n* encoding: US-ASCII\n* tab size: 8 (not used)\n* indentation:4\n*\n* created on: 2001jun22\n* created by: George Rhoten\n*/\n\n#ifndef UMISC_H\n#define UMISC_H\n\n#include \"unicode/utypes.h\"\n\n#if !", "UCONFIG_NO_FORMATTING\n\n/* global variables used by the C and C++ message formatting API. */", "\n\nextern const UChar *g_umsgTypeList[];\nextern const UChar *g_umsgModifierList[];\nextern const UChar *g_umsgDateModifierList[];\nextern const int32_t g_umsgListLength;\n\nextern const UChar g_umsg_number[];\nextern const UChar g_umsg_date[];\nextern const UChar g_umsg_time[];\nextern const UChar g_umsg_choice[];\n\nextern const UChar g_umsg_currency[];\nextern const UChar g_umsg_percent[];\nextern const UChar g_umsg_integer[];\n\nextern const UChar g_umsg_short[];\nextern const UChar g_umsg_medium[];\nextern const UChar g_umsg_long[];\nextern const UChar g_umsg_full[];\n\n#endif /* #if !", "UCONFIG_NO_FORMATTING */\n\n#endif\n" ]
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[ "Rated 5 out of 5 by Yialee Fits Perfectly!", "\nAlthough the cover is supposed to be for a tall side table, I used it for a low, wide ottoman and it fits perfectly!! ", "The material is thick, smooth, and weatherproof. ", "I love the all-around elastic edging that goes on easy and clings nicely to the bottom of my ottoman. ", "I am very pleased with this purchase and recommend repurposing these covers for other pieces of furniture.", "\nSeptember 9, 2014\n\nRated 5 out of 5 by Grandmere Truly waterproof\nIt's a little difficult to put on alone...get help. ", "Otherwise a great purchase. ", "I am covering seagrass furniture on my porch if rain is predicted.", "\nAugust 9, 2014\n\nRated 5 out of 5 by Southphillygirl Just the right size !!", "\nThe table cover is just perfect. ", "It's very strong and sturdy. ", "I couldn't be more pleased.", "\nAugust 8, 2014\n\nRated 5 out of 5 by Jammer COFFEE TABLE COVER\nWe were very pleasantly surprised at the quality and fit of the new coffee table cover.", "\nJune 20, 2014\n\nRated 5 out of 5 by Cliffoord Outdoor Furniture Cover\nLooks to be well made and competitively priced. ", "In the High Desert of Central Oregon time will be the real test so that will have to wait.", "\nMay 3, 2014\n\nRated 5 out of 5 by coastalcarolinagal Good Quality Furniture Covers\nI got two ottoman covers for a steal from the Frontgate Outlet store on an additional markdown promotion. ", "The covers are well made and the fabric and elastic are heavy duty. ", "Covers are a little big for my ottomans but for the price I can certainly made do. ", "Would definitely order again.", "\nMarch 21, 2014\n\nRated 5 out of 5 by Caligirl5 Sturdy, Nice\nIt is a nice, sturdy grill cover..I got this on sale; great purchase!", "\nMarch 21, 2014\n\nRated 5 out of 5 by jaks Great Quality\nVery sturdy and attractive. ", "Will replace my other covers with this line.", "\nJanuary 17, 2014\n\nWas this helpful?helpful0unhelpful0http://answers.frontgate.com/answers/submit/0005/product/44075/question/1099192/undohelpfulness.djs?authsourcetype=__AUTHTYPE__&format=embeddedhtml&innerreturn=http%3A%2F%2Fanswers.frontgate.com%2Fanswers%2F0005%2Fproduct%2F44075%2Fquestions.djs%3Fexpandquestion%3D1099192%26format%3Dembeddedhtml%26scrolltotop%3Dtrue&return=__RETURN__&sessionparams=__BVSESSIONPARAMS__&submissionparams=__BVSUBMISSIONPARAMETERS__&submissionurl=__BVSUBMISSIONURL__&user=__USERID__\n\nAnswers\n\nThank you for your interest in Frontgate. ", "The Medium sized Coffee Table Cover is still available, but only in the Stone fabric. ", "You can find it at the following link: http://www.frontgate.com/coffee-table-cover/465030.", "\n\nItem 44075, the Small sized Coffee Table Cover, is only 44 1/2\" wide, therefore, it would not fit over a 46 x 18 bench.", "\n\nWas this helpful?helpful0unhelpful0http://answers.frontgate.com/answers/submit/0005/product/44075/answer/1297063/undohelpfulness.djs?authsourcetype=__AUTHTYPE__&format=embeddedhtml&innerreturn=http%3A%2F%2Fanswers.frontgate.com%2Fanswers%2F0005%2Fproduct%2F44075%2Fquestions.djs%3Fexpandanswer%3D1297063%26expandquestion%3D1099192%26format%3Dembeddedhtml%26scrolltotop%3Dtrue&return=__RETURN__&sessionparams=__BVSESSIONPARAMS__&submissionparams=__BVSUBMISSIONPARAMETERS__&submissionurl=__BVSUBMISSIONURL__&user=__USERID__\n\nGloster Bloc modulars form a crowd-pleasing six-section sofa\nto a solo corner chair and ottoman. ", "One square dimension common to all five pieces creates visual integrity. ", "London designer Mark Gabbertas juxtaposes economy of line with sumptuous blocks of weatherproof Leisuretex ...\n\nChange Country???FOOTER_COUNTRY_SELECTOR_ENABLED??????FOOTER_GO_TO_US_ENABLED???go to U.S. site" ]
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0.001319
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[ "Herman Gorter\n\nThe Lessons of the \"March Action\"\n\nGorter's Last Letter to Lenin[1]\n\n1921\n\nDigitalized by Collective Action Notes; transcribed into HTML by Jonas Holmgren for the Marxists Internet Archive\n\nDear Comrade Lenin,\n\nWhen we last parted in November of 1920, your last words on our quite divergent ideas concerning revolutionary tactics in Western Europe were to the effect that neither your opinions nor mine had been sufficiently tested: that experience would soon prove which of the two is correct.", "\n\nWe were in complete agreement on that.", "\n\nNow, reality has unfolded and we possess more than one experience. ", "You will undoubtedly allow me to show you, from my point of view, the lessons we should learn.", "\n\nYou will recall that, at the Moscow Congress, you yourself, along with the Executive Committee of the Third International, declared your support for parliamentarism, for infiltrating the trade unions and for participating in the legal industrial councils in Germany, the only country in Europe where the revolution has actually taken place.", "\n\nThe Communist Workers Party of Germany (KAPD) and the Dutch Marxists responded by maintaining that your tactics would lead to an extreme enervation of the revolution, to chaos among the proletariat, to discouragement among the communists, and thus to the most disastrous defeats. ", "On the other hand, antiparliamentarism, factory organizations, workers unions and their revolutionary action committees would lead, in Germany and in Western Europe, to the strengthening of the revolution and finally to the unification of the proletariat.", "\n\nYou—and with you, the Executive Committee of the Third International—intend to unite the masses under your political and trade union leadership regardless of whether or not they are truly communist. ", "This is what you did at Tours, Florence, and Halle. ", "Your objective was to provide these masses with new bosses.", "\n\nWe want to destroy the old organizations and to build others of a new kind, from the bottom up, which are animated by a new mentality. ", "We do not want anyone but true communists to join us in this endeavor.", "\n\nYou wanted to export Russian tactics to Western Europe, tactics from a country where capitalism was weak and where you had the peasants as collaborators.", "\n\nWe took account of the fact that, in Western Europe, the proletariat stands alone against a gigantic capitalism, which has at its disposal financial credit and raw materials. ", "And therefore that we needed our own tactics, different from yours.", "\n\nYou want the dictatorship of the party, that is, of a few leaders. ", "We want a class dictatorship.", "\n\nYou practice a leadership politics. ", "And we practice a class politics.", "\n\nYour tactics are basically a continuation of the tactics of the Second International. ", "Nothing has changed but the external façade, the names, and the slogans. ", "Essentially, you still belong (in Western Europe and Russia) to the old school from before the revolution.", "\n\nThe German proletariat’s 1921 March Action has proven which side is right: you, comrade Lenin, and the Executive Committee of the Third International; or the KAPD and the Dutch Marxists who supported the KAPD. ", "The March Action has provided an answer and has demonstrated that the leftists were correct.", "\n\nThere were two parties in Germany, each with its own tactics, both participating in the movement. ", "The Communist Party of Germany followed your tactics; the Communist Workers Party of Germany followed its own tactics, which are also our tactics as well. ", "What was the outcome, how did these parties behave during the March Action?", "\n\n(Is it not always necessary, especially in the present case, that tactics, principles and theory find their justification in action?)", "\n\nThe Communist Party, through its parliamentary activity which only voiced the masses’ disappointment with a bankrupt capitalism, diverted the proletariat away from revolutionary action. ", "It managed to unite hundreds of thousands of non-communists, and became a mass party. ", "With its infiltration tactics it has become a bulwark of the trade unions and with its participation in the legal industrial councils it has betrayed the revolutionaries and weakened the revolution. ", "By doing all these things, Comrade Lenin, the Communist Party has only been following your advice, your tactics, and the tactics of the Executive Committee of the Third International. ", "And when, as a consequence of these policies, it repeatedly collapsed into inactivity (during the Warsaw offensive, for example), or into treason when faced with the prospect of action (the Kapp Putsch), when by means of simulated actions and a raucous publicity it becomes reformist, constantly passing the buck whenever it can when faced with the struggle which the capitalists wish to force upon the workers (for example: the electrical workers strike in Hamburg, the strikes at Ambi and Leuna, etc.), ", "in short, when the German revolution was on the decline into regression and enfeeblement, the best elements in the KPD began to demand, with increasing ardor, to be led into action—then, all at once, the Communist Party of Germany decided upon a great undertaking with the intention of conquering political power.", "\n\nHere is what this plan consisted of: in the face of provocation by Horsing and the Sipo, the KPD decided upon a gradual, superficial, hierarchically-ordered action, without the spontaneous impulse of the masses; in other words, it adopted the tactic of the putsch.", "\n\nThe Executive Committee and its representatives in Germany had already been insisting for some time that the Communist Party, by committing all of its forces, should prove that it was really a revolutionary party. ", "As if the essential aspect of a revolutionary tactic consisted solely of committing all one’s forces... On the contrary, when, instead of fortifying the revolutionary power of the proletariat, a party undermines this power by means of its support for parliament and the trade unions, and then, after such preparations (!) ", "it suddenly decides on action and puts itself at the head of the same proletariat whose strength it had been undermining, throughout this entire process it cannot ask itself whether it is engaged in a putsch, that is, an action decreed from above, which did not originate among the masses themselves, and is consequently doomed to failure. ", "This putsch attempt is by no means revolutionary; it is just as opportunist as parliamentarism or the tactic of infiltrating cells of party members into all kinds of groups.", "\n\nThis putschist tactic is the inevitable obverse of parliamentarism and infiltration, of the recruitment of non-communist elements, of the replacement of mass or class tactics by leadership tactics. ", "Such politics, weak and internally rotten, must inevitably lead to putsches.", "\n\nHow could the KPD—corrupted by parliamentarism, internally weakened by the dead weight of non-communists, its strength sapped by discord between at least six tendencies and put at the service of a leadership tactic, as opposed to a mass tactic—have led a revolutionary action?", "\n\nWhere could the KPD have found the power it needed to confront an enemy as formidable as German reaction, armed to the teeth? ", "Or to confront Germany’s financial and commercial capital, which has successfully formed a bloc of all the classes opposed to communism?", "\n\nAt the time of the Horsing provocation on the part of the government, when a generalized and tenacious resistance became necessary, and when the masses themselves began to rise in central Germany, the KPD, as a result of its internal weakness, was incapable of any kind of effective combat. ", "That was its downfall. ", "At least half of its members remained inactive—in some places they fought among themselves. ", "The reaction won easily.", "\n\nWhen the rout began, Levi, your former protégé and standard-bearer—the man who, together with Radek, yourself, and the Executive Committee, is most responsible for the introduction of these debilitating tactics into Germany and Western Europe, of this tactic of the putsch—this same Levi attacked the KPD fighters from the rear, those who, despite the party’s mistaken tactics, had proven to be its most revolutionary elements. ", "As thousands of them were being arraigned before the courts, he denounced them, as well as their leaders. ", "Not only does Levi, with his tactics, bear ample responsibility for the putsch, but also for the terrible punishments inflicted by the repression. ", "And it is precisely with Levi that Däumig, Geyer, Clara Zetkin and, together with them—a fact of great significance—the whole parliamentary fraction of the party concur.", "\n\nThe Communist Party of Germany thus suffered a devastating blow. ", "And with it, the whole proletariat of Western Europe, the Russian revolution and the world revolution also suffered a setback. ", "The KPD, the only mass communist party in Western Europe, will probably be reduced to nothing. ", "This will probably be the end of the KPD as a revolutionary party.", "\n\nThis party, comrade, has been constructed according to your principles, in a country where economic conditions are ripe for revolution. ", "And when it strikes its first blow, it collapses. ", "While its bravest militants are dying, being gunned down and filling the prisons, they are betrayed by their own leaders. ", "This is the example set by the KPD and your tactics.", "\n\nWe will now proceed to the other example and the other tactic, those of the KAPD.", "\n\nThe KAPD, which does not want to have anything to do with parliamentarism or the old trade unions, but wants factory organizations, never needed a putschist tactic, which is always a consequence of a lack of internal cohesion. ", "The KAPD does not have to suffer from this lack of internal cohesion, because it only admits communists as members; because, for the KAPD, it is quality that counts; because it does not have a leadership politics, but a class politics; because it does not want a party dictatorship, but a class dictatorship. ", "This is why the question of a putsch cannot even be posed within the KAPD. ", "The KAPD did not pursue a putschist tactic in the March Action. ", "Its tactic is based upon the fact that neither a party nor a party’s leadership can make the decision to start a revolution or a major insurrectionary movement, but that only the historical situation itself, that is, the masses’ will to fight, must constitute the basis for such decisions. ", "The KAPD’s tactic is meant to strengthen the proletariat by developing its consciousness and extending its revolutionary power while constructing effective combat organizations. ", "This, of course, can only be done within the struggle itself, without ever shirking the fight imposed by the enemy or spontaneously arising from the masses.", "\n\nThis is how the KAPD has always acted, unlike the social democratic, independent and communist parties of Germany. ", "This is how it acted during the Kapp Putsch, the electrical workers strike, the Russian offensive in Poland, and the numerous strikes in Germany, exactly as in the March Action. ", "With this truly revolutionary tactic, arbitrarily ordered actions cannot even take place.", "\n\nIn the March Action, the KAPD only entered the fray after the government attack.", "\n\nAnd now, would you like to compare the KAPD with the KPD, both during and after the Action? ", "The Communist Workers Party showed itself to be so firm in its resolve and its tactics that during the Action it suffered from no discord whatsoever, and even after the defeat, the most complete unity prevailed at its delegates’ assembly. ", "Despite the defeat, its power was enhanced, as was that of the Workers Union (AAU).", "\n\nThis is the balance sheet of your tactics, those of the Third International, and those of the KAPD.", "\n\nComrade Lenin, it is not mere intellectual curiosity which makes me want to probe more deeply into these issues. ", "It is because the tactics of the revolution in Western Europe and of the world revolution as well, depend upon a correct understanding of the problems they pose. ", "Let us therefore more carefully examine these tactics in detail—your tactics and those of the leftists.", "\n\nYou want parliamentarism. ", "You want to play a role in the theater, behind whose stage the New German State of Stinnes and the Orgesch lies concealed, a theater which lacks any real power. ", "With your methods, the workers have been diverted from the real problems of the revolution, they have been herded (through the elections) into unreliable masses, a part of whom must necessarily fail to rise to the occasion at the decisive moment. ", "With these methods, internal corruption was inevitable.", "\n\nWe are anti-parliamentary. ", "We do not want the fictitious struggle, but the real one. ", "That is why the KAPD remains unanimous and unshakeable.", "\n\nYou want the legal industrial councils. ", "You have advocated them to the workers; you have convinced the workers to recognize these legal councils as organs of the revolution. ", "What role did these legal councils play during the March Action? ", "They abandoned and betrayed the revolutionary action.", "\n\nWe want revolutionary action committees. ", "While the industrial councils remained inactive and practiced their treachery during the March Action, revolutionary action committees spontaneously arose among the masses and drove the movement forward.", "\n\nYou want to influence the trade unions through communist cells. ", "What have these cells accomplished? ", "Have they radicalized the trade unions? ", "There has been no news of their doing anything. ", "They have accomplished nothing. ", "No matter how many times they have infiltrated part of the trade union bureaucracy.", "\n\nWe want factory organizations and the unity of these organizations within the General Workers Union (AAU), because the revolutionary struggle can only be carried out on the terrain of industry and upon the basis of industry. ", "And what has the March Action taught us? ", "It was fought in the industries and by industries. ", "It was fought by the factory organizations. ", "The factory organizations, not the trade unions, constituted the focal points of the revolution. ", "The March Action has therefore supplied the proof that factory organizations are indispensable for the revolution.", "\n\nThe KPD, despite the heroism of a significant number of its combatants, has paralyzed the revolution with its tactics (which are your tactics), with its parliamentarism, its infiltration of other organizations and its legal industrial councils.", "\n\nThe KAPD, the Workers Union and the factory organizations have shown themselves in the eyes of the entire world to be the leaders of the German revolution, that is, of the revolution in Western Europe and the whole world.", "\n\nYou want organization, you get chaos.", "\n\nYou want unity, you get schism.", "\n\nYou want leaders, you get traitors.", "\n\nYou want masses, you get sects.", "\n\n(It is thus necessary to add yet one more observation: you, comrade Lenin, you, Zinoviev and Radek and so many others in the Third International, you said that the tactics of the KAPD would only produce sects.)", "\n\nWe see what actually happened.", "\n\nYour KPD embraces, according to its own figures, 500,000 members. ", "But the KPD also admitted (at its last congress), and everyone knows quite well, that the majority are not communists. ", "Let us assume, however, that half of them are communists. ", "In that case, your tactics and those of the Third International have attracted, out of the nine million trade unionists in Germany, 250,000 communists to your party.", "\n\nBut how many communists are there in the Workers Union (AAU), which was founded on the basis of the principles of the KAPD? ", "A ballpark figure: 250,000. ", "Judged by the numbers, our tactics have therefore been just as successful as yours.", "\n\nBut it is not only in terms of numbers that our tactics reveal their superiority. ", "There is also this difference: first of all, the KPD and its cells have been created by countless millions of marks spent on newspapers, organization and propaganda—the KAPD and the AAU have not cost even one penny. ", "Secondly, the KPD and its cells have collapsed in your hands, while the KAPD and the AAU are solid and flourishing. ", "The KPD and its cells are worm-eaten with internal treachery. ", "The KAPD and the AAU are growing in strength and unity.", "\n\nReality has provided us with the following elements of experience: as the March Action of the German proletariat has clearly demonstrated, so we hope that the entire International will recognize that your tactics, those of the Executive Committee and the Comintern, lead to collapse and defeat, while the tactics of the left generate unity and strength.", "\n\nThe Third Congress of the International must therefore modify its tactics.", "\n\nComrade Lenin, we admit the adequacy of your tactics for Russia, and personally wish to tell you that the judgment of history, as I see it, concerning your revolutionary efforts as a whole, will proclaim that you have done great work, the best possible. ", "In my view, you are, after Marx and Engels, our most eminent guide. ", "This does not obviate the fact, however, that you are mistaken in respect to the tactics to be employed in Western Europe.", "\n\nAnd now, we turn to the German proletariat, and say: “if it is true that you are convinced in your hearts and minds that the left wing is correct, if you are ready to fight in accordance with its methods, then abandon the KPD and all the old parliamentary parties; get out of the trade unions, and join the General Workers Union and the Communist Workers Party”.", "\n\nAnd we call upon the whole proletariat of Western Europe and the entire world to adopt our tactics.", "\n\nNotes:" ]
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[ "Prospective graduate students are beginning to make their campus visits, and Meghan Sullivan (Notre Dame) writes to share some advice for those graduate students. ", "Please feel free to add more or to disagree with Professor Sullivan in the comments.", "\n\nIt is Prospective Visit season at PhD programs, and I know many prospective students are a bit unclear about how they ought to approach these visits. ", "There are also, unfortunately, lots of rumors floating around about different departments that can have an undue influence on one’s decisions. ", "I thought it might be nice to open a thread on particular pieces of advice for students going on these visits. ", "Here are my five, for what they are worth:\n\n(1) Be sure to talk to a broad sample of faculty, graduate students, and even spouses and partners of faculty and graduate students. ", "Get a very broad sample of data. ", "Don’t be afraid to email faculty or graduate students to get answers to your questions.", "\n\n(2) Ask them how they like being a member of the department and how they view social aspects of departmental life. ", "But ALSO be sure to ask them somewhat specific and probing questions about the department and the graduate training it provides.", "\n\nFor faculty some questions like this might be: How much time do they spend advising PhD students on a given week? ", "What is the typical structure of dissertation advising with that faculty member? ", "How do they typically get matched with advisees? ", "What graduate courses have they recently taught and what are they planning to teach? ", "What do they see as strengths and weaknesses of the graduate program? ", "How do faculty spend their time when they are not working with graduate students? (", "What you should look for: faculty who are highly active in the field, but still able to meet regularly with students, provide advice on research topics, and—for dissertation students—provide useful feedback on written work.)", "\n\nFor graduate students the questions might be: How much time do they spend on coursework in a given week? (", "I think it should, in a good department, closely resemble the workload of a fulltime job). ", "How far does their funding stretch in the city where the grad program is located? ", "If they are at qualifying exam or dissertation phase: how did they pick their advisors/committee? ", "How often do they meet with their advisors/committee? ", "What typically happens at a meeting?", "\n\n(3) Ask about placement. ", "And be a little bit near-biased. ", "In the past five years, how many students have been placed in tenure track jobs or long-term postdocs? ", "Where were those jobs? ", "What were the areas of specialty of students placed in those jobs? ", "Who was on their committee? ", "How long did it take them to finish the PhD? ", "What is the department’s placement process like? ", "What is the department’s long-term strategy for making sure their PhDs are successful at finding employment? (", "You should be looking for a program that has a clear plan for getting students through the PhD and good recent track record of placement in the areas of philosophy you anticipate working in. )", "\n\n(4) Look closely at current and past course offerings in the department. ", "Will this program support and nurture the areas of philosophy that interest you? (", "Realizing that your interests might change quite a bit in the course of your PhD, and that can be a good thing!)", "\n\n(5) Be kind, polite, and professional to everyone in the department, but especially the admin assistants, director of graduate studies and the graduate students working to coordinate your visit. ", "These people have put a lot of work into the admissions and recruitment process. ", "And one way or another, all of these men and women are going to be your colleagues now that you are entering this field. ", "Treat this visit like your first professional activity." ]
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[ "Q:\n\ncodeigniter pagination dropdown select filter\n\nI have created a site where I have grouped items under projects. ", "When the user selects a project from the provided dropdown menu and submits it the items that pertain to that project number a retrieved and sent back to the controller. ", "\nMy Controller\npublic function dwg_list()\n{\n $data['proj_num'] = $this->model_proj->proj_num_all();\n $num_row = 1;\n if ($this->input->post('project_no') !", "= '0')\n {\n $data['result'] = $this->model_issue->list_dwg($this->input->post('project_no'));\n\n if (count($data['result']) > 0)\n {\n $num_row = count($data['result']);\n } else $num_row = 1;\n }\n\n $this->load->library('pagination');\n\n $config['base_url'] = base_url() . '", "/index.php/dwg_issue/dwg_list/page';\n $config['total_rows'] = $num_row;\n $config['per_page'] = 2; \n\n $this->pagination->initialize($config); \n\n $data['main_content'] = 'dwg_list';\n $this->load->view('includes/template.php', $data);\n\n}\n\nMy View\n<h1>This page displays all the registered drawings</h1>\n<br>\n\n<div id=\"body\">\n<div class=\"row\">\n <div class=\"form-group-sm\"><lable class=\"col-sm-2 control-label\">Project number:</lable>\n <?", "php\n $js = 'onchange=\"this.form.submit()\" class=\"form-control\" id=\"focusInput\"';\n echo form_open('dwg_issue/dwg_list');\n echo \"<div class=\\\"col-xs-2\\\">\" . ", "form_dropdown('project_no',$proj_num, $this->input->post('project_no'),$js).\"</div>\";\n echo form_error('project_no', '<div class=\"col-xs-4\"><div class=\"alert alert-danger fade in\"><a href=\"#\" class=\"close\" data-dismiss=\"alert\" aria-label=\"close\">&times;</a>','</div></div>');\n ?", ">\n </div>\n </div>\n <br>\n\n<?", "php\necho \"<noscript>\".form_submit('submit','Submit').\"</noscript>\";\n?", ">\n\n <table title=\"List of drawings\" class=\"table table-hover\" style=\"font-size: 14px\">\n <caption><b>List of drawings</b></caption>\n <thead>\n <tr><th>Project number</th><th>Drawing number</th><th>Client drawing number</th>\n <th>Title</th><th>Size</th><th>Drawn by</th><th>Revision</th><th>Drawn Date</th></tr>\n </thead> \n <tbody> &nbsp;\n <?", "php\n if(!empty($result))\n {\n foreach($result as $row)\n { \n echo \"<tr>\";\n echo \"<td>\" . ", "$row->project_no . \"", "</td>\";\n echo \"<td>\" . ", "$row->sws_dwg_no . \"", "</td>\";\n echo \"<td>\" . ", "$row->client_dwg_no . \"", "</td>\";\n echo \"<td>\" . ", "$row->dwg_title . \"", "</td>\";\n echo \"<td>\" . ", "$row->dwg_size . \"", "</td>\";\n echo \"<td>\" . ", "$row->dwg_by . \"", "</td>\";\n echo \"<td>\" . ", "$row->dwg_rev . \"", "</td>\";\n echo \"<td>\" . ", "date('Y/m/d', strtotime($row->dwg_date)) . \"", "</td>\"; \n echo \"</tr>\";\n }\n }\n\n ?", ">\n </tbody>\n </table>\n\n <?", "php echo $this->pagination->create_links(); ?", ">\n\n</div>\n\nThe problem I see is that when I click the next page number, the page is refreshed and the dropdown select goes back to the default value and this is then submitted to the controller. ", "The controller can't submit anything to the model to retrieve from the db.", "\nSo how can I overcome this problem.", "\n\nA:\n\nIf I understand your question correctly, I think you can pass your project number by using URI Segments, in that way you can always access you selected project number without posting or using a post method.", "\npublic function dwg_list($porject_no){\n echo $porject_no;\n ......\n}\n\nExample:\nwww.your-domain.com/controller/dwg_list/{project_no}\nI hope this has given you some ideas.", "\nHere is a link, that i think can help:\nhttps://codeigniter.com/userguide2/general/controllers.html\n\n" ]
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0.001022
35
[ "Nursing garments are old in the art, but none apparently has been totally commercially acceptable. ", "This is believed to be primarily due to the fact that the prior art nursing garments for the most part were not sufficiently functional, in that they did not provide the wearer with the assurance that when nursing, her breasts would not inadvertently be exposed.", "\nThe nursing garment of the present invention is simple, and it is made so that the mother may nurse her baby in an unimpeded and unconstricted manner, and to observe the baby while it is being nursed, all without any possibility that her breasts may be inadvertently exposed. ", "Also, the baby can see the mother through the opening defined by the rigid hoop. ", "The garment also serves to avoid distractions so that the baby may concentrate on nursing.", "\nThe garment of the invention is also advantageous in that it provides a covering for the baby while nursing, obviating the need for blankets or other extraneous clothing, the baby being subjected to the mother's body heat and any exposure of the baby to cold external temperatures being avoided. ", "Also, the garment has no tendency to be pulled off the mother, as is the case with blankets." ]
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0.001906
7