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Q:
Access UINavigationController From AppDelegate
I need to access UINavigationController in AppDelegate
Here is what I tried
func applicationDidBecomeActive(_ application: UIApplication) {
let syncManager = SyncManager()
let navigationController: UINavigationController = UIStoryboard(
name: "Main",
bundle: nil
).instantiateViewController(withIdentifier: "MainNavigationController") as! UINavigationController
syncManager.setNavigationController(navigationController)
syncManager.sync()
}
This doesn't seem to work.
How do I access UINavigationController from the AppDelegate?
Thanks.
Update
I am using this library to display the notification in the application when the app is active. this library requires an instance of navigationController to display the notification.
When I use this code in AppDelegate the notification is not displayed, but when I use in the in ViewController the notifications are displayed.
A:
Try this:
let navigationController = application.windows[0].rootViewController as! UINavigationController
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export function isEmpty (val) {
return val == null || val === 'undefined' || val === '' || val === 'null'
}
export function isNotEmpty (val) {
return !isEmpty(val)
}
export function isvalidUserName (str) {
const validMap = ['admin', 'editor']
return validMap.indexOf(str.trim()) >= 0
}
// 合法 URL
export function validateURL (textval) {
const urlregex = /^(https?|ftp):\/\/([a-zA-Z0-9.-]+(:[a-zA-Z0-9.&%$-]+)*@)*((25[0-5]|2[0-4][0-9]|1[0-9]{2}|[1-9][0-9]?)(\.(25[0-5]|2[0-4][0-9]|1[0-9]{2}|[1-9]?[0-9])){3}|([a-zA-Z0-9-]+\.)*[a-zA-Z0-9-]+\.(com|edu|gov|int|mil|net|org|biz|arpa|info|name|pro|aero|coop|museum|[a-zA-Z]{2}))(:[0-9]+)*(\/($|[a-zA-Z0-9.,?'\\+&%$#=~_-]+))*$/
return urlregex.test(textval)
}
// 小写字母
export function validateLowerCase (str) {
const reg = /^[a-z]+$/
return reg.test(str)
}
// 大写字母
export function validateUpperCase (str) {
const reg = /^[A-Z]+$/
return reg.test(str)
}
// 大小写字母
export function validateAlphabets (str) {
const reg = /^[A-Za-z]+$/
return reg.test(str)
}
/**
* validate email
* @param email
* @returns {boolean}
*/
export function validateEmail (email) {
const reg = /^(([^<>()\[\]\\.,;:\s@"]+(\.[^<>()\[\]\\.,;:\s@"]+)*)|(".+"))@((\[[0-9]{1,3}\.[0-9]{1,3}\.[0-9]{1,3}\.[0-9]{1,3}\])|(([a-zA-Z\-0-9]+\.)+[a-zA-Z]{2,}))$/
return reg.test(email)
}
/**
* validate mobile
* @param email
* @returns {boolean}
*/
export function validateMobile (mobile) {
const reg = /^1[3|4|5|7|8][0-9]{9}$/
return reg.test(mobile)
}
export function validateIpAndPort (ipAndPort) {
const reg = /^(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\:([0-9]|[1-9]\d|[1-9]\d{2}|[1-9]\d{3}|[1-5]\d{4}|6[0-4]\d{3}|65[0-4]\d{2}|655[0-2]\d|6553[0-5])$/
return reg.test(ipAndPort)
}
export function validateIp (ip) {
const reg = /^(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])\.(\d{1,2}|1\d\d|2[0-4]\d|25[0-5])$/
return reg.test(ip)
}
export function validatePort (port) {
const reg = /^([0-9]|[1-9]\d|[1-9]\d{2}|[1-9]\d{3}|[1-5]\d{4}|6[0-4]\d{3}|65[0-4]\d{2}|655[0-2]\d|6553[0-5])$/
return reg.test(port)
}
|
FILED
NOT FOR PUBLICATION DEC 22 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL ANDREW BIGLEY, Nos. 14-71160,
14-71161
Petitioner-Appellant,
Tax Ct. Nos. 17529-12L,
v. 17747-12L
COMMISSIONER OF INTERNAL
REVENUE, MEMORANDUM*
Respondent-Appellee.
Appeal from Decisions of the
United States Tax Court
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Michael Andrew Bigley appeals pro se from the Tax Court’s summary
judgment in his action challenging the Internal Revenue Service’s determination to
proceed with proposed collection actions for tax years 2004, 2005, and 2006. We
have jurisdiction under 26 U.S.C. § 7482(a)(1). We review de novo. Miller v.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes these cases are suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Comm’r, 310 F.3d 640, 642 (9th Cir. 2002). We affirm.
The Tax Court properly determined that the IRS did not abuse its discretion
in sustaining the proposed levy actions because the settlement officer verified that
the requirements of any applicable law or administrative procedure have been met,
considered issues raised by Bigley at the hearing, and balanced the need to collect
taxes with the intrusiveness any collection action would have on Bigley. See 26
U.S.C. § 6330(c)(3) (setting forth matters an appeals officer must consider in
making a determination to sustain a proposed levy action); see also Fargo v.
Comm’r, 447 F.3d 706, 709 (9th Cir. 2006) (reviewing Commissioner’s actions for
an abuse of discretion). Moreover, the Tax Court properly concluded that Bigley
was not entitled to challenge his underlying tax liability during his Collection Due
Process hearing because he was sent a statutory notice of deficiency. See 26
U.S.C. § 6330(c)(2)(B).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.
2 14-71161
|
Another Liverpool star commits future to the club
Instead of bringing in new players in this January winter transfer window, the English Premier League leaders Liverpool have been busy with the business of landing improved and new contracts to their star players.
The latest to be handed a new deal is Trent Alexander-Arnold who is ready to remain with the Merseyside club for a longer period of time.
Trent Alexander-Arnold is a Liverpool Academy product but has been able to grow into becoming a better player as well as breaking into the first team of manager Jurgen Klopp.
However, Trent Alexander-Arnold has now joined the long list of Andy Robertson, Sadio Mane, Roberto Firmino, Joe Gomez and Mohamed Salah who have been offered new deals in the course of the season as a way of committing them to the club.
The England international expressed delight in having to pen his signature for the Reds team, adding that it remains a privilege to play in the team.
He, therefore, promised to give his best so as to ensure the first English Premier League under the reigns of manager Jurgen Klopp in addition to dominating in the league.
However, the Liverpool team have been on their toes ensuring they leave nothing to chance in their bid for the league title.
However, he stated that he lost because some of the players in his team seem difficult to motivate as he noted that he had made efforts to do that after their defeat to the other North London side Tottenham but that has not worked yet with the defeat.
Meanwhile, the Blues boss is ready to take a part of the blame because his side failed to show up completely against the Gunners team.
However, the game between both sides have been reduced to three points which leave the race for a top-four finish very open and more competitive especially with United coming from behind.
Unai Emery’s substitutions must improve
Emery’s substitution has left so much to be desired since the start of the season and Saturday wasn’t exempted.
The Spanish manager surprisingly subbed out lively Alexandre Lacazette for Alex Iwobi in the 67th minute, a decision that didn’t go well with the Gunners fans who voiced their displeasure against the ex-Sevilla manager.
Lacazette scored the first goal of the night and he troubled the Blues defence throughout the day, he deserves to full-time action.
Saturday wasn’t Aubameyang’s day as he was quiet all through the night. The Gabonese ought to have been taken off for Iwobi, not Lacazette.
Irrespective of the Result, Arsenal remain in the fifth position with 44 points but they are now three points behind Chelsea in the race for Champions League spot next season
Man United Handed Transfer Blow As Agent Rules Out January Exit For Defensive Target
Manchester United have received a major transfer blow in the chase for one of their defensive targets after his agent ruled out a January exit for him.
Brazilian international utility defender Eder Militao has been in superb form for his club and that has rightfully attracted the attention of several European heavyweights like Real Madrid and Manchester United.
Manchester United have been heavily linked Eder Militao dating back to when Jose Mourinho was still the Red Devils player.
The 20-year-old is on the payroll of Portuguese Super League champions FC Porto at the moment.
Eder Militao has mostly played as a centre back for FC Porto this season despite the fact that he’s a right-back.
Man United Close To Making First January Signing
Premier League giants Manchester United are closing in on their first signing in this January transfer window according to various reports emanating from the British media.
The Daily Mail claim that the Red Devils are on the verge of securing the transfer of highly rated young French midfielder Noah Emeran this month and that the player will join the club before the current January transfer window runs out.
The 16-year-old has caught the eye of Manchester United officials despite the fact that he has not played a single professional game for his club.
Noah Emeran is presently on the payroll of French Ligue 1 club SC Amiens.
Manchester United will pay a compensation fee of around £90,000 for the young Frenchman.
Emeran has played twice for the French u-16 team.
He can play in midfield as well as in the forward positions.
The latest development is coming on the back of the great news that the attacking duo of Marcus Rashford and Anthony Martial will be handed respective new contracts to commit their long-term futures to the club.
Rashford has been previously linked with European heavyweights like Real Madrid and Juventus, while Martial is a strong transfer target of Italian Serie A giants Inter Milan.
Southampton In Free Transfer Bid For Two-Goal Man United Defender
Struggling Premier League club Southampton have been linked with a few transfer move for Manchester United defender Phil Jones in the summer.
According to footballtransfertavern, the Saints could be the next destination for the 26-year-old England international centre back and that he would be a fantastic addition to the defensive setup at Southampton in the event that they survive relegation at the end of this Premier League season.
Southampton are in the middle of a relegation battle that’s almost certain to last until the end of the season.
The Saints are in the battle with clubs like Fulham, Huddersfield Town, Newcastle United and Cardiff City.
Inter Milan Target Close To Signing New Man United Contract
Three-time European champions Manchester United have been handed a huge boost following the news that forward Anthony Martial is close to signing a new five-year contract thereby committing his long-term future to the Red Devils.
The new development will definitely be music to the ears of Manchester United fans with French international star Anthony Martial set to stay at Old Trafford for the long haul despite the interest of Italian Serie A giants Inter Milan.
The Italians were keen to sign the former AS Monaco player before Manchester United activated the additional year clause in his current deal with the Red Devils to take his contract at the club to the end of next season (2019/20 season).
Monaco eye loan move for Manchester United’s outcast
Manchester United defensive midfielder Marouane Fellaini is on Monaco’s radar as Henry looks to bring more experienced players into his team this month.
The Frenchman is struggling to lift his team from their current relegation-threatening position and he hopes to get more established players in January so as to avoid being demoted to Ligue 2 by the end of the campaign.
Having completed his move for Spanish midfielder Cesc Fabregas from Chelsea last week, the former Les Blues striker is now targeting a loan deal for the Belgian star.
Fellaini is tipped to leave Old Trafford this month — despite having a year left in his contract — due to his inability to feature regularly at Old Trafford.
The former Everton midfielder has hardly featured under Solskjaer since the Norwegian returned to the Theater of Dreams, hence, his move away from the team seems unavoidable and imminent.
Manchester United was said to have received offers from numerous clubs from Turkish giants (Fenerbahce) and Dutch powerhouse (Ajax) but none of them have yet revealed their desire to get the experienced star.
During the previous transfer summer market — before the start of the season, Everton were reportedly interested in re-signing the Belgian star but Mourinho prevented the Toffees from reaching an agreement with the United’s hierarchy.
Should Monaco eventually sealed a six-month loan deal for the player, their midfield setup will surely take a new look as it will be occupied by world-class players — such as Cesc Fabregas and Fellaini — who can singlehandedly win many matches
|
ETB-type receptors mediate endothelin-stimulated contraction in the aortic vascular smooth muscle of the spiny dogfish shark, Squalus acanthias.
Using various agonists, and the specific antagonist BQ-123, we have examined the sensitivity to endothelin of the vascular smooth muscle of the ventral aorta of the spiny dogfish shark, Squalus acanthias. Human endothelin-1 produced significant contraction of isolated vascular smooth muscle rings, with an EC50 of 10 nmol.l-1. The presence of an intact endothelium did not alter this response but the magnitude of the contraction was greater in rings with an intact endothelium. The response to 0.2 mumol.l-1 endothelin-1 was equivalent to that of 0.1 mmol.l-1 acetylcholine, and significantly greater than that to 80 mmol.l-1 KCl, suggesting high sensitivity even to the heterologous, mammalian peptide. The Hill plot of the contractile response was a straight line with a slope of 1.12, indicating that a single receptor was mediating the response. Endothelin-1, endothelin-3, and sarafotoxin S6c produced similar concentration-response curves, and the response to endothelin-1 was insensitive to the ETA-specific inhibitor BQ-123. Our data are consistent with the hypothesis that the receptor involved in the contractile response to endothelin of shark aortic vascular smooth muscle is of the ETB-rather than the ETA-type.
|
Newsletter
K-State looking for historic 12th victory
Wildcats need elusive bowl win to record first-ever 12th victory
MANHATTAN — The opportunities awaiting Kansas State’s football team in the Fiesta Bowl not only exceed anything the current players have accomplished, they exceed anything that any K-State player has accomplished.
The motivational forces driving K-State (11-1) during its weeks of practice leading up to the matchup with Oregon on Jan. 3 in Glendale, Ariz., vary in terms of historical significance, but there is no understating the first one: With a win, the Wildcats will go where no other Wildcat team has gone.
“I think there are two things this team is rallying around,” sophomore wide receiver Tyler Lockett said. “Number one is to make history, like we’ve been saying ever since we beat Texas.”
A win against Oregon would single out this K-State team as the only one to record 12 wins in a season. K-State teams have reached the 11-win mark six times — all during the 1997-2003 time period — but Wildcat teams in 1998 and 2003 that entered their bowl game with 11 wins fell short of capturing that monumental 12th victory.
“It would mean I was a part of history,” senior wide receiver Chris Harper said. “It would mean that obviously we were the best K-State team ever and nobody can argue that we weren’t (because) we got the most wins.”
No. 2 on the Wildcats’ motivational list is a bit more personal.
“The second (goal) is being able to win a bowl game because nobody has won a bowl game on our team right now,” Lockett said.
K-State has lost its last four bowl games — the 2004 Fiesta Bowl to Ohio State, 2006 Texas Bowl to Rutgers, 2010 Pinstripe Bowl to Syracuse and last year's Cotton Bowl to Arkansas.
With the exception of Harper, whose 2008 Oregon team won the Holiday Bowl, no player on K-State’s team has tasted postseason success.
Senior linebacker Arthur Brown is 0-3 in bowl games dating back to his two seasons at Miami.
For the Wildcats who have been around the program for three or more years, two bowl game trips ended in losses.
“I know it motivates us, especially for the seniors, a lot of guys that are seniors haven’t won a bowl game yet,” senior safety Jarard Milo said. “For us to be 0-2 in bowl games and then to have a special challenge like this is just something leading up to it that a lot of guys are preparing heavily for.”
Which motivating element weighs heavier in players’ minds isn’t as important as the focus it creates, sophomore center B.J. Finney said.
“I think they go hand in hand, actually,” Finney said. “Coach kind of reiterates it’s kind of like a driving force for motivation, but all the guys know what’s on the table. We’re all well aware of it and right now we’re just focused on getting better every day.”
Before K-State and Oregon lost their first games of the season on the same Saturday — K-State at Baylor and Oregon to Stanford on Nov. 17 — the two teams appeared to be on a collision course toward the BCS national championship game.
“Notre Dame and Alabama, that’s the national championship game and this could have easily been the national championship game also,” Lockett said. “We just want to be able to end it with a win because last year we lost to Arkansas and it’s not a good feeling to lose your last game.”
The significance of K-State’s game with Oregon hasn’t changed in some Wildcats’ minds.
“What more can you ask for?” Milo said. “It’s not the national championship, but we feel like it’s the national championship game to us.”
BAIRD TO WALK ON: Blake Baird of Silver Lake announced he has received an invitation from K-State to be a preferred walk-on next season. Baird, a 6-foot-1, 200-pounder, was an All-Class 3A linebacker for the Eagles, the state runner-up, with 152 tackles and 12 sacks.
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Peggy HensonThomas FellowsGoing by the match. We share same family member. Thomas Fellows is in my tree.Happiness
7 years ago
Eirene DawsonCarricks and ShepperdsI found a match with David Carrick and Mary Jane Shepperd. Like to share info if you want.my email: [email protected]
7 years ago
Leanora RobinsonStokoe familyHi, My name is Lea Robinson & my Grandmother was Annie Stokoe. If you would like to contact me you can do so at [email protected]
7 years ago
Ruth RalphMerrifieldLooks like we share the same ancestors....I am descended from merrifields and mcmahons and fox.you can contact me at [email protected]
7 years ago
Lindsay HendersonMay Shaw Geddes McKenzieMy name is Lindsay Henderson. I've written before but you haven't answered.I have death certificates and the marriage certificate for MAY Shaw Geddes McKenzie and her husband John Alexander McDonald, plus much more about this branch of my family.If you are interested, write me care of Heritage or my email [email protected]
Patricia SwireLuke BiceHello Luke, My grandmother Carrie ( Bice, Maiden Name ) was born in Blue Spring Union Mississippi 13/2/1887 and is buried at Mills Cemetery Garland Texas. I have seen a Millie in my research and not sure if we are related
7 years ago
LynnieThompson Family TreeHi my name is Lyn and I have Hubble in my family tree. I am descended from James Thompson and Annie Gardiner. Their daughter Elizabeth Thorn Thompson married William Edward Watson in turn their daughter Henrietta Eves Watson married Robert Samuel Hubble. Elizabeth's sister Jean Gardiner Thompson married Richard Wood Wellings. They were my grandparents.Would love to hear from you as I have heaps of information on James Thompson from Blakeney England and on quite a few of the other family.Hoping to hear from you. I have invited you to go to my tree on this website. Please feel free to browse.I am unable to access your tree. warmest wishesLyn from East Ringwood Melbourne Victoria
7 years ago
benjamin Lewis/powellMcshanag and albert mitchellgidday, you appear to have family members from both my paternal - the mcshanags of castlemaine and maternal - the mitchells of sale ,sides of the family, i would like to know how they also fit in with your family,look forward to hearing from you,Darren
7 years ago
Geoffrey Johnstonsomething fishy about thisDrew, thanks for your lone response about the 39 matches - Creak, Hilton, Johnston, Wood and others but you say they're not in your tree? My Heritage administration can see them too but have not explained how they got there either. I'd like to know who it actually is, who is also researching my family.. strangely, GHLJohnston
7 years ago
Samuel SpillaneI would like to be able to view the family tree you are a webmaster of. I am the ancestor of John Guppy and Ruby Ricardo.
Thankyou.
6 years ago
UnknownCatherine REICHEL, who is apparently in your family tree, is my great grandmother
6 years ago
Gillian Jeanette ScottHi,
I am the GrtGrt grandaughter of John Kemp 3 whos uncle was Alexander kemp get in touch if you wish [email protected] I live in Dumfries Scotland
6 years ago
Ken HoweHi, I have several matches to your family tree and would like if possible to view the your entire tree on MyHeritage.com.Thanks. Ken Howe.
6 years ago
Lorraine NichollsHi, I have several matches to your family tree and would like if possible to view the your entire tree on MyHeritage.com.
Thanks
Lorraine Nicholls
[email protected].
6 years ago
Christine HorneHi. George Edwin Fry was my great grandfather. I would love to gather some info if you are willing to share. My email is [email protected]. Thanks Chris
5 years ago
JenniferHello , my great great grandfather was Frederick Johann Hansen who arrived in Australia from Germany -his parents were Danish. I am inaterested in any information prior to him arriving. regards< Jen Fisher (Hansen)
[email protected]
4 years ago
phillip davisdo you have any information on Paul Ludwig Noske spouse as i don't think i have the write spelling i think it is Hermina Ernestine PASCHE and her parents thank you from Phillip
The Bakker Family tree has several matches with the Drew Family tree. I would very much like to understand what other information that you may hold in respect of the identified matches.
thanks robert
3 years ago
Wayne AyresHi Drew Family I would like know if your family had a Alice.Padfield & Kathrine.Clark.Darge as they both were married to Arthur.Drew.Regards Wayne.Ayres.
3 years ago
cheryl caddywe have the same tree matches with all of the castles family from george castles and ann burgess could you help out in some way with george parents thomas and hannah hope to hear from you king regards cheryl caddy nee castles
3 years ago
Cherylene GunterJust wondering how the Rose clan fit into your family tree. Adolphus was my husband's great grandfather. Cher Gunter
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Revised Warrant of Restitution Form
December 30, 2016
Posted By: Tommy Tompsettin
Administrative Services for the District Court of Maryland has notified district court practitioners that the Petition for Warrant of Restitution Form ( DC-CV-081) has been revised . The new warrant of restitution form can be found by clicking here. Please note, the previous version of the DC-CV-081 ( Rev. 09/2014) can remain in use by parties/Courts until depleted
Contact
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We serve the multi-housing industry and our communities by promoting and maintaining the highest professional standards of excellence. We provide education, information, legislative and advocacy services, enabling our members to operate successfully while contributing to the community around us.
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A powerful Republican chairman in the House of Representatives just shared with his constituents his desire to begin selling our national parks. Rep. Cliff Stearns of Florida was caught on video in a local town meeting. Here is what he said:
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TopNews
Pilot Flying J Takes Steps to Address Federal Allegations
The head of Pilot Flying J Monday announced several steps the company is taking to address the questions raised in a federal probe of its fuel rebate program, including an internal audit, placing some employees on leave, eliminating manual rebate calculations, and adding a chief compliance officer.
Following a raid on April 15 at Pilot Flying J headquarters by the FBI and IRS, affidavits and search warrants were unsealed claiming the company systematically bilked customers out of rebate money and discounts they were due in a fuel purchase program.
In a statement, Pilot Flying J CEO Jimmy Haslam said it appears that the federal investigation is focused on a narrow slice of the company's business in which rebates on diesel fuel purchases are manually calculated and paid to a relatively small number of its 3,300 trucking company customers.
"We are continuing to cooperate appropriately with investigators, but we are determined to understand on our own the questions they are asking and to do everything we can to make sure we are never in this position again," he said. "To that end, I’m announcing today five steps that we taking to address the issues raised by the investigation."
1. Pilot Flying J will bring its field audit team to its Knoxville, Tenn., headquarters to review all 3,300 contracts with trucking company customers, not just the relative few implied in the federal affidavit, "and to proactively address any miscalculations that we may find."
Haslam said he hopes the process won't take more than four to eight weeks. He noted he has already spoken personally to several customers, including Curt Morehouse with Morehouse Trucking and Tommy Hodges with Titan.
2. Several members of the diesel fuel sales team were placed on administrative leave. On an interim basis, the company is restructuring that team pending further investigation "to get control of that operation and restore confidence to our customers."
"We cannot ignore the content of the federal affidavit released last Thursday evening," Haslam said. "We are not judging the guilt or innocence of the team members placed on administrative leave. We are addressing actions and words that fail to show proper respect to our customers and that violate the character, values and principles that have been core to this company since it was founded 54 years ago."
The company is withholding the names of those being placed on leave.
3. All diesel fuel customers be converted to electronic calculation and payment, to avoid abuse that might be enabled by manual calculation and payment. This process should be completed by June 30.
4. Outside counsel has been asked to help create and staff a position of chief compliance officer to report to the company’s general counsel to deal with any similar questions or issues that might come up in the future. This position is expected to be filled within 30 days.
"Had we had one before, perhaps some team member would have raised a question about manual rebates internally before anyone would ever have gone to federal investigators," Haslam said. "If we had discovered any irregularities on our own, we would have fixed them on our own."
5. In a special meeting Sunday, the board of directors voted to hire an Independent Special Investigator to oversee and validate all of its internal inquiries related to the federal investigation. This person also is expected to be in place within 30 days.
"We know this process is going to be difficult and probably will last for a while, but we are not going to sit by idly in the meantime. We are going to diligently and aggressively figure out for ourselves what’s going on, and if we find anything amiss, we are going to make it straight right away."
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1. Field of the Invention
The present invention relates to devices and methods for preserving portable, flexible receptacles, such as a handbags, gloves, shoes, etc., and in particular, to preserving their shape and reducing deleterious moisture in them.
2. Description of Related Art
Handbags, slippers, gloves, shoes and other articles are often made of delicate, rare, or relatively expensive materials. Also, some articles are highly prized because of the prestige of its brand, their distinctiveness as an antique, a limited production volume, or other economic or social factors. Owners of such goods will very much want to preserve them from damage.
Taking handbags as an example, that market has experienced tremendous growth recently. The U.S. market alone is projected to reach $9 billion by 2015 and the market only appears to be poised for more growth, with the luxury segment of the market leading the way. Handbags are often treated less like a purchase and more like an investment. Accordingly, many purchasers go to great lengths to protect and preserve their handbags. To date, most of the focus has been on preserving the outside of the handbag. In fact, it is commonplace for handbags (particularly, the more expensive handbags) to be sold with a dust bag in which the bag is to be kept in order to protect it from outside elements.
Handbags and other articles are often shipped with inserts for preserving their shape. Unless such initial precautions are taken, the article might partially collapse or develop ripples or wrinkles due to gravity-induced settling or from being stacked together with other articles during shipment or storage. When an insert is used, the article will have crisp and new appearance when first removed from a shipping container. Also, the insert will maintain the article's appearance if it is put on display.
After purchase, a consumer usually discards the insert. Consequently, over time, the article tends to change shape and lose its crisp, new appearance. Even if the consumer were to keep the insert and use it when storing the article, the insert would not last long since it is typically made of nondurable materials such as cardboard, thin plastic, or crumpled tissue paper.
Some articles such as handbags are in the form of receptacles with an internal space in which moisture can be a problem. In such cases, keeping moisture under control is important to suppress mildew, mold, rust, etc. For this reason, many articles are shipped with a packet containing a desiccating agent for reducing moisture that might otherwise damage an article made with easily degraded materials such as leather, cloth, steel, etc.
To keep the desiccating packet effective, the shipping container is sealed to reduce infiltration of moist air. In some cases the article is placed in a box that is sealed with durable packing tape. Alternatively, the article may be sealed in a separate plastic bag placed in a larger box. Under these circumstances, a relatively small desiccating packet may be adequate to dry a fixed, noncirculating volume of air during shipment.
After being removed from its shipping container, the desiccating packet is often discarded and its advantage lost. The problem with internal moisture may then arise, especially since receptacles such as a handbag, will normally be kept closed to avoid forming wrinkles. Even if the desiccating packet were retained and placed inside a closed article such as a closed handbag, the packet will be inadequate because moisture will ordinarily infiltrate and replace the dry air unless the handbag is nearly airtight, which is almost never the case. In addition, the packets that are usually included tend to be very small and of limited capacity; thus, losing their effectiveness fairly quickly
Aftermarket products for maintaining the shape of an article are limited and have been bulky and inconvenient. They require a user to squeeze and manipulate a resilient material in order to insert it into the article as well as to remove it. Such manipulation of the insert is also likely to damage the handbag. Moreover, providing an aftermarket device for preserving previously purchased articles such as a handbag, is hindered by the enormous diversity in the shapes and sizes of such articles.
See also U.S. Pat. Nos. 3,131,036; 4,565,287; 4,813,791; 5,291,669; 5,542,191; 5,934,808; 5,950,323; 6,378,224; 6,769,807; 7,108,425; 7,699,913; 7,770,723; and 7,930,837, as well as US Patent Application Publication No. 2011/0061257.
|
439 P.2d 432 (1968)
William Clark BEAR, Appellant,
v.
STATE of Alaska, Appellee.
No. 813.
Supreme Court of Alaska.
April 5, 1968.
*433 James R. Clouse, Anchorage, for appellant.
Robert M. Opland, Dist. Atty., and Mark C. Rowland, Asst. Dist. Atty., Anchorage, for appellee.
Before NESBETT, C.J., and DIMOND and RABINOWITZ, JJ.
OPINION
NESBETT, Chief Justice.
The question is whether this court may review a criminal sentence for abuse of discretion.
Appellant was indicted for the first degree murder of his wife and found guilty of involuntary manslaughter by a jury. The trial court sentenced him to twelve years imprisonment and recommended that he not be considered for parole until he had served a minimum of one-third of the sentence. Appellant's motion for reduction of sentence was denied.
Appellant does not question the validity of his conviction nor the fact that the sentence was within the maximum established by law for the offense. He requests only that "This court * * * vacate the sentence imposed and remand the matter back to a different Superior Court Judge for resentencing," or modify the sentence.
In support of his request appellant urges that a statement made by the court at the time it denied the motion to reduce sentence clearly demonstrates that it disregarded the jury's finding that the killing was unintentional and viewed it instead as an intentional killing and sentenced accordingly. Appellant quotes and emphasizes the statement of the trial judge, who is reported to have said:
I considered this a very vicious case; the jury found manslaughter * * *. They found him guilty of manslaughter and certainly the evidence indicated that he had this pistol; he fired into the floor one time and during the course of punching his wife in the ribs with the pistol it went off; and I think it was a very vicious type of thing.
Appellant argues that the court clearly displayed its prejudice when it referred to what the jury had found to be an involuntary act of manslaughter as a vicious killing. According to appellant, the trial court's prejudice was caused by incompetent hearsay statements made by the prosecutor at the time of sentencing to the effect that appellant had threatened to kill two of the State's witnesses after trial.
Appellee contends that the court obviously did not consider the prosecutor's statement that appellant had threatened two witnesses. Appellant denied making the statement, according to appellee, whereupon the prosecutor offered to support his statement with affidavits. The court is then reported to have stated, when it denied the prosecutor's offer, that it had heard all that it wished to on that point. According to appellee, the above facts clearly support the inference that the court did not consider the statement, otherwise it would have accepted the prosecutor's *434 offer to prove the threats and would have referred to them when passing sentence.
Appellee argues that the trial court's characterization of the offense as "vicious" and its statement that it could not "give the man a license to kill his wife" were comments appropriate to the nature of the offense.
Appellee points out that most of the dictionary definitions of the adjective "vicious" such as, "violative of moral rectitude", "immorality or depravity" and "corrupt or dissolute in conduct", do appropriately describe the unintentional homicide under the particular facts of this case. The trial judge concluded his statement by saying:
I don't think we could give a man a license to kill his wife because he has children and he has to look after the children. I don't go along with that argument.
According to appellee, this is nothing more than an explanation by the court that it could not excuse appellant's conduct merely because of his responsibility to his children, and in brief, there is no support for the argument of appellant that the judge considered the homicide other than involuntary manslaughter.
We shall defer consideration of appellant's claim that the facts related amounted to an abuse of discretion and examine first the question of whether this court has jurisdiction to review a legal criminal sentence.
The majority of federal jurisdictions follow the rule that an appellate court has no authority to act on a sentence which is within the limits allowed by a statute, because such a sentence is not cruel and unusual punishment and any relief therefrom must be obtained by act of Congress.[1] The same rule appears to be followed in a majority of the state jurisdictions on the ground that it would be improper to interfere, or to seem to interfere, with the executive branch's power to pardon and commute sentences.[2]
According to Professor B.J. George, the rule of the state courts is a carry-over from the common law where, in feudal times, the chief variations in punishments lay more in the methods by which an offender was to be executed than in any other respect; the role of the judiciary being to determine the question of guilt and to enter judgment. When this had been done the penalties of the law were exacted as a matter of course, unless royal pardon was forthcoming. Professor George suggests that immunity of criminal sentences from review is also explainable by the fact that under the common law system, appeals are based on questions of law exclusively whereas under the civil law, appeals may be based on questions of law or fact.[3]
States which review sentences in criminal cases, such as Arizona, California, New York, Nebraska, Iowa and Hawaii, generally do so under statutory authority.[4]
*435 A few states have inferred the power to review and reduce sentences from statutes which permit appellate courts to "reverse or modify the judgment" appealed from,[5] but none have found in this language the power to increase a sentence.
In United States v. Rosenberg[6] the United States Court of Appeals for the Second Circuit commented as follows:
Some * * * state courts find * * * authority in statutes conferring power to "reverse, modify or affirm" judgments on appeal. An identical power to "affirm, modify * * * or reverse" is given to federal courts of appeal and to the Supreme Court by 28 U.S.C.A. § 2106. * * * No decision by the Supreme Court or any federal court of appeals seems to have cited or considered this statute in passing on the question of the power to reduce a sentence when a conviction is affirmed.
This court is of the opinion that it does not have jurisdiction to review and remand or to review and revise a criminal sentence for abuse of discretion.
There is no provision of the constitution or of the statutes of Alaska speccifically giving this court the power to "reverse, affirm or modify the judgment". Article IV, section 2 of the Alaska Constitution states that, "The supreme court shall be the highest court of the State, with final appellate jurisdiction." AS 22.05.010 states in part that:
The supreme court has final appellate jurisdiction in all actions and proceedings. The supreme court may issue injunctions * * * and all other writs necessary or proper to the complete exercise of its jurisdiction.
and AS 22.05.020 states in part:
The supreme court is vested with all power and authority necessary to carry into complete execution all its judgments, decrees and determinations in all matters within its jurisdiction, according to the constitution, the laws of the state, and the common law.[7]
Under the above powers this court has regularly reversed and remanded judgments. On occasion it has modified civil judgments, but with a single known exception it has not modified a criminal judgment.[8]
*436 Our decision is influenced to some extent by the history of the doctrine of immunity of review of criminal sentences and by the absence of specific constitutional or statutory authority in this area.
It is true that this court has exercised appellate authority to review the many aspects of criminal matters mentioned in our colleague's dissenting opinion. For the most part such review is confined to questions of law or mixed questions of law and fact and is therefore within the traditionally recognized sphere of appellate court jurisdiction. The review of an otherwise legal criminal sentence, which is within the maximum established by the legislature, is not a question of law and is not within the traditional sphere of appellate court jurisdiction.
As is pointed out in the dissent, approximately fifteen states now undertake to review criminal sentences. In thirteen of these states the authority to review criminal sentences stems from specific statutory provisions.
The legislature of Alaska has established by statute the maximum and minimum sentences for each offense. The determination of the exact period of time that a convicted defendant should serve is basically a sociological problem to be resolved by a careful weighing of the principle of reformation and the need for protecting the public.[9] The trial judge, by reason of his personal observation of the defendant and the complete personal history report prepared for him by the probation officer, is expected to be prepared to impose sentence.
The trial judge's sentence is subject, however, to the following overriding statutory provisions:
(1) that the State Board of Parole may, if its investigation and the defendant's rehabilitation prognosis appears to warrant, release the defendant on parole after only a portion of the sentence has been served;[10]
(2) that by statute the defendant is entitled to three to fifteen days per month reduction of sentence for good behavior and prison camp activity,[11] and
(3) that the defendant may be granted a commutation of sentence or a pardon by the governor.[12]
The chairman of the State Board of Parole is required by statute to be an official in the Department of Health and Welfare with training in the field of probation and parole.[13] This Board, through its continued reports on the prisoner's conduct, psychological outlook and rehabilitation prognosis, is intended to be suited to exercise the authority imposed in it by the legislature to adjust downward the prisoner's sentence within the limits allowed by statute.
The foregoing serves to illustrate that the legislature of Alaska has assumed and now exercises a substantial control over the length of criminal sentences. It may perhaps be advisable that this control be extended so as to place the responsibility for establishing the initial sentence, as *437 well as the ultimate sentence to be served, in a board composed of persons trained in the social sciences appropriate to the responsibility. Appellate judges do not have an expertise, because of training, experience or otherwise, that qualifies them to be reviewers of criminal sentences.
It is the view of this court that review of legal criminal sentences should be provided for by statute only after a careful study of the efficacy of reviewing techniques now in force in other jurisdictions has been made, and the need for the procedure determined. Reviewing authority should perhaps include the power to modify a sentence upward as well as downward in order to achieve the full advantage of the procedure and decrease or eliminate disparity in sentences.[14]
In view of our decision herein it becomes unnecessary to consider the question of abuse of discretion.
The judgment below is affirmed.[15]
RABINOWITZ, Justice (dissenting).
I dissent from the majority's holding that the Supreme Court of Alaska lacks jurisdiction to review criminal sentences.[1] I reach this conclusion on the basis of this court's own prior precedents and upon analysis of the policy considerations inherent in the question.
The issue of appellate review of criminal sentences was first presented to this court in State v. Pete.[2] There the appellee-defendant contended that his imprisonment for two years was "unduly harsh and that the sentence should be reduced."[3] We modified the sentence which had been imposed to the term of imprisonment already served.[4] In my separate opinion in the Pete case, I voiced the view that before concluding that this court had authority to review criminal sentences, we should have clearly articulated "the basis for, and instances when, review of criminal sentences is obtainable in our court system."[5] This suggestion was passed over sub silentio.
In the past year this court was again presented with a question involving its authority to review criminal sentences. In Battese v. State[6] appellant contended that the three-year sentence he received was in excess of the two-year minimum for the crime of burglary not in a dwelling and therefore was "an abuse of discretion on the part of the sentencing court." In *438 ruling on the merits of this contention, we said:
In sentencing appellant the court required him to serve only 60 days in jail. The execution of the balance of the three year sentence was suspended and appellant was placed on probation for that period. Such an arrangement is not unduly oppressive or harsh there was no abuse of discretion.[7] (emphasis added)
Last year's decision in Thompson v. State[8] is also of significance. There appellant questioned in part the contents of a presentence report which had been furnished to the trial judge prior to imposition of sentence. We held that "nothing which occurred during the presentence investigation, nor any portion of the text of the presentence report which was filed" required "the setting aside of appellant's sentence."[9] In our very recent decision of Egelak v. State,[10] appellant contended that because of procedural irregularities which occurred concerning his sentence we should either remand his case to the superior court for resentencing, or alternatively reduce the sentence at the appellate level by an appropriate term of years. In determining the merits adversely to appellant, we place strong emphasis on the broad discretion which must necessarily be granted the trial judge in sentencing. In Egelak we concluded that, "Review of the record * * * fails to disclose that the sentencing judge in fact became prejudiced against appellant subsequent to his viewing the pictures of appellant's deceased wife." In regard to another point in the appeal in that case, we further held that, "We cannot find that the district attorney's remarks concerning an allegedly similar incident prejudiced the trial judge to the extent that he imposed an excessive sentence."
Thus, without any real discussion of our own precedents, the majority has abruptly shunted aside any considerations of stare decisis and now holds that the Supreme Court of Alaska lacks jurisdiction to review criminal sentences.[11] When experience and compelling reasons require the overruling of explicit precedent, I would agree that this court is not inhibited by the rule of stare decisis from taking such action.[12] Here I can perceive no compelling policy considerations, or history of adverse experience under our prior decisions, which call for today's refusal to review the sentence which was imposed upon appellant William Clark Bear.
Appellate review of criminal sentences has been undertaken and is generally available in approximately fifteen states.[13] In *439 thirteen of these states authority to review sentences is derived from statutes.[14] It is true that the weight of precedent is in favor of those courts which have concluded they lacked the authority to review criminal sentences.[15] Despite the foregoing, I believe that our court rightly held in the Pete[16] and Battese[17] cases that it did possess the authority to review criminal sentences.
Pursuant to article IV, section 2 of the Alaska constitution, this court is vested with "final appellate jurisdiction." I interpret the phrase "final appellate jurisdiction" as embodying the power to review the merits of a criminal sentence. The courts in State v. Johnson[18] and State v. Tuttle[19] construed their respective general grants of appellate authority as encompassing jurisdiction to review criminal sentences.[20] To me it is an indefensible *440 anomaly that in the carrying out of our obligation to supervise the administration of criminal justice in our courts, we have the appellate authority to review questions pertaining to pre-arrest matters,[21] (i.e., search warrants, admissions, confessions, et cetera) complaints,[22] preliminary hearings,[23] bail,[24] grand jury proceedings,[25] indictments,[26] composition of petit juries,[27] errors occurring during the trial itself,[28] deliberations of the petit jury,[29] sentencing procedures,[30] legality of the sentence,[31] but are powerless to review the actual sentence which is imposed by the trial judge. This hiatus in our review jurisdiction is illogical and in my view cannot be defended on the traditional grounds that appellate review would interfere with exercise of executive clemency. Sentencing is a discretionary judicial function and the judiciary itself should have the power to correct abuses of such discretion.[32] The alternative course, and the one which has been adopted by the majority, is to abdicate review of judicial discretion. In my view the more reasonable and logical construction of our constitutional grant of final appellate jurisdiction is to hold that this provision authorizes appellate review of criminal sentences.
Today's ruling results in the unsatisfactory situation that this court will now review all facets of criminal proceedings to insure the integrity of the fact-finding process, to zealously protect the rights of the accused and the public in the administration of criminal justice, and to insure adherence to our constitutional mandate that penal administration "shall be based on the principle of reformation and upon the need for protecting the public,"[33] but will refuse to review the merits of the sentence which the trial judge has determined. Based on this court's own prior decisions, the decisions I have referred to in this separate opinion, and the absence of any persuasive reasons for holding that an exception for review of criminal sentences should be carved out of our general appellate jurisdiction, I conclude that this court possesses jurisdiction to review criminal sentences.[34]
Of all the stages in a criminal proceeding, sentencing is one area in which there is a most compelling need for the development of appropriate criteria. Having had the privilege of serving as a trial judge in the superior court of this state, I am fully cognizant of the uncertainties and extraordinary responsibilities which *441 confront the sentencing judge in his quest to determine a just sentence. This same experience has convinced me of the need for appellate review of the sentencing judge's discretion and the formulation of appropriate sentencing standards.
Now that it has been determined that the problem is one which must be answered by our legislature, it is my hope that Alaska's Legislature will resolve the issue in favor of empowering the Supreme Court of Alaska to exercise appellate review of criminal sentences.[35]
NOTES
[1] Smith v. United States, 273 F.2d 462, 467-68 (10th Cir.1959); Bryson v. United States, 265 F.2d 9, 14 (9th Cir.1959).
[2] Raullerson v. People, 157 Colo. 462, 404 P.2d 149, 158 (1965); State v. Bass, 242 S.C. 193, 130 S.E.2d 481, 483-484 (1963).
[3] B.J. George, An Unsolved Problem: Comparative Sentencing Techniques, 45 A.B.A.J. 250, 252 (1959). Professor George notes that since 1907 in England a convicted person may, by leave of the Court of Criminal Appeal, appeal his sentence unless it is one fixed by law. On appeal the sentence may be revised upward or downward.
[4] See State v. Valenzuela, 98 Ariz. 189, 403 P.2d 286, 289 (1965) where the court said:
This Court has been given the power to modify the sentence imposed by the lower court * * *. A.R.S. § 13-1717 (1956) provides in pertinent part: "B. Upon an appeal * * * from the sentence on the ground that it is excessive, the court shall have the power to reduce the extent or duration of the punishment imposed, if, in its opinion, the conviction is proper, but the punishment imposed is greater than under the circumstances of the case ought to be inflicted."
[5] Blake v. State, 186 Ark. 77, 52 S.W.2d 644, 646 (1932); State v. Ramirez, 34 Idaho 623, 203 P. 279, 282, 29 A.L.R. 297 (1921); Hooper v. State, 7 Okl. Crim. 43, 121 P. 1087, 1088 (1912); Commonwealth v. Garramone, 307 Pa. 507, 161 A. 733, 735, 89 A.L.R. 291 (1932); In Thompson v. State, 192 Tenn. 298, 241 S.W.2d 404, 405 (1951), it was held that the appellate court's general power to supervise the trial courts permitted it to revise a sentence of imprisonment fixed by a judge but not by a jury.
Recent cases from Arkansas indicate that this state now holds that the court on appeal has no authority to reduce a sentence that is within statutory limits. Osborne v. State, 237 Ark. 5, 371 S.W.2d 518, 520 (1963); Miller v. State, 230 Ark. 352, 322 S.W.2d 685, 687 (1959).
Tennessee still maintains the distinction between sentences imposed by a judge and sentences imposed by a jury. Barrowman v. State, 214 Tenn. 408, 381 S.W.2d 251, 254 (1964); Robinson v. Air Draulics Engineering Co., 214 Tenn. 30, 377 S.W.2d 908, 913 (1964).
[6] 195 F.2d 583, 605 (2d Cir.1952) (footnotes omitted).
[7] It is true that Supreme Ct.R. 51(b) states:
The supreme court may affirm, modify, vacate, set aside or reverse any judgment, decree, decision or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree or order, or require such further proceedings to be had as may be just under the circumstances.
This rule, of course, cannot add to the court's jurisdiction.
[8] In State v. Pete, 420 P.2d 338, 342 (Alaska 1966) (footnote omitted), appellee was convicted on two counts, each charging the unlawful sale of intoxicating liquor. Both counts were based on sales made to the same informer on the same day. This court stated:
In light of the fact that the two offenses were really part of one general transaction, * * * we believe the judgment of conviction should be modified so as to limit appellee's sentences to the term of imprisonment that he has now served. [Appellee had served 17 1/2 months of two one-year sentences which were to run consecutively.]
In Pete we relied upon and cited Patmore v. State, 152 Tenn. 281, 277 S.W. 892 (1925) which modified a sentence under similar facts on the ground that punishment cannot be pyramided and that it was unlawful to sentence cumulatively on each count where the offenses were but parts of the same transaction.
[9] See Alaska Const. art. I, § 12.
[10] See generally AS 33.15.010-270.
[11] AS 33.20.010-060.
[12] AS 33.20.070.
[13] AS 33.15.010.
[14] See Comment, Appellate Review of Primary Sentencing Decisions: A Connecticut Case Study, 69 Yale L.J. 1453, 1460 (1959-60) which examines the statutory sentence review boards established as a Review Division of the Superior Court in Massachusetts and Connecticut. The sentence reviewing court is composed of three trial judges with authority to review and increase or decrease any sentence in excess of one year. The defendant is permitted to appear with counsel and be heard. The sentencing trial judge is permitted to and may be required to submit a statement of his reasons for a particular sentence.
[15] To the extent that this court reviewed a criminal sentence for abuse of discretion in Battese v. State, 425 P.2d 606, 611 (Alaska 1967), that holding is overruled.
[1] In the court's opinion the issue before us for decision has been characterized alternatively as whether we "may review a criminal sentence for abuse of discretion" or whether we have "jurisdiction to review a legal criminal sentence."
[2] 420 P.2d 338 (Alaska 1966).
[3] Id. at 342.
[4] Prior to our 1966 decision in the Pete case, we had modified an illegal sentence for contempt in Jefferson v. City of Anchorage, 374 P.2d 241, 244 (Alaska 1962). See also Knudsen v. City of Anchorage, 358 P.2d 375, 384-386 (Alaska 1960), where an illegal sentence was set aside.
[5] State v. Pete, 420 P.2d 338, 344 (Alaska 1966). In this separate opinion, I alluded to the fact that there was extant considerable precedent foreclosing appellate review of criminal sentences citing United States v. Pruitt, 341 F.2d 700, 703 (4th Cir.1965), as typifying these authorities.
[6] 425 P.2d 606, 611 (Alaska 1967).
[7] Battese v. State, 425 P.2d 606, 611 (Alaska 1967).
[8] 426 P.2d 995, 999 (Alaska 1967).
[9] Id.
[10] 438 P.2d 712. (Alaska, March 21, 1968).
[11] I do not believe that this reversal can be explained in light of any of the arguments presented in the briefs in this appeal. If anything, the parties' respective arguments are extremely cursory and incomplete concerning the question of whether this court is vested with the jurisdiction to review criminal sentences.
[12] In Alyeska Ski Corp. v. Holdsworth, 426 P.2d 1006, 1012 (Alaska 1967), we alluded to our continuing obligation of assuring the development of our common law. See also Hebel v. Hebel, 435 P.2d 8 (Alaska 1967); Cramer v. Cramer, 379 P.2d 95 (Alaska 1963); City of Fairbanks v. Schaible, 375 P.2d 201 (Alaska 1962).
[13] G. Mueller, Penology on Appeal: Appellate Review of Legal but Excessive Sentences, 15 Vand.L.Rev. 671, 688-97 (1962). See State v. Valenzuela. 101 Ariz. 230, 418 P.2d 386, 389 (1966); People v. Morales, 60 Cal. Rptr. 671 (Cal. App. 1967); State v. Dunn, 434 P.2d 88, 94 (Idaho 1967); People v. Taylor, 33: Ill.2d 417, 211 N.E.2d 673, 677 (1965); State v. Cupples, 152 N.W.2d 277, 280 (Iowa 1967); State v. Caffey, 365 S.W.2d 607, 610 (Mo. 1963) (limited situations); State v. Ransom, 182 Neb. 243, 153 N.W.2d 916, 920 (1967); State v. Ford, 92 N.J. Super. 356, 223 A.2d 502, 505 (1966); People v. Napoli, 28 A.D.2d 555, 280 N.Y.S.2d 288 (1967); Carbray v. State, 435 P.2d 188, 190 (Okl. Crim.App. 1967); State v. Shannon, 242 Or. 404, 409 P.2d 911 (1966); Commonwealth v. Howard. 426 Pa. 305, 231 A.2d 860, 865 (1967) (may be limited to capital punishment cases); and Nelson v. State, 35 Wis.2d 797, 151 N.W.2d 694, 705-706 (1967).
[14] Ariz. Rev. Stat. Ann. § 13-1717 (1956); Con.Gen.Stat.Ann. §§ 51-194, 195, 196 (Supp. 1965); Fla. Stat. Ann. § 932.52 (Supp. 1966); Hawaii Rev.Laws § 212-14 (Supp. 1965): Ill. Ann. Stat. c. 38, § 117-3(e) (Smith-Hurd 1964); Iowa Code Ann. § 793.18 (1950); Maine Pub.Laws 1965, c. 419; Md. Ann. Code art. 26, §§ 132-138 (1966): Mass. Gen. Laws Ann. c. 278, §§ 28A-28D (1959); Neb. Rev. Stat. § 29-2308 (1964); N.Y.Code Crim.Proc. §§ 543, 764; Ore.Rev.Stat. §§ 138.050, 168.090 (1963 Repl.Part); Tenn. Code Ann. § 40-2711 (1955).
[15] On the other hand, note the following cases under the well established federal rule denying review authority: Marano v. United States, 374 F.2d 583, 586 (1st Cir.1967), where the court said:
The question of sentence is normally within the exclusive determination of the district court. In the exceptional situation, where it is evident that the district court has given substantial consideration to legally impermissible factors, correction must be possible.
See also Welch v. United States, 371 F.2d 287, 294 (10th Cir.), cert. denied, 385 U.S. 957, 87 S.Ct. 395, 17 L.Ed.2d 303 (1966), the court will refrain from review "absent most unusual circumstances"; Hoard v. Dutton, 360 F.2d 673, 674 (5th Cir.), cert. denied, 385 U.S. 881, 87 S.Ct. 166, 17 L.Ed.2d 108, rehearing denied, 385 U.S. 943, 87 S.Ct. 300, 17 L.Ed.2d 223 (1966), stated, "Appellate courts do not revise sentences within the limits set by statute, except in the most exceptional circumstances"; United States v. Hetherington, 279 F.2d 792, 796 (7th Cir.), cert. denied, 364 U.S. 908, 81 S.Ct. 271, 5 L.Ed.2d 224 (1960). Legal sentences are not subject to review "except possibly for manifest abuse of discretion"; Livers v. United States, 185 F.2d 807, 809 (6th Cir.1950), sentencing judge's discretion will not be disturbed on appeal "except upon a plain showing of gross abuse"; Tincher v. United States, 11 F.2d 18, 21 (4th Cir.), cert. denied, 271 U.S. 664, 46 S.Ct. 475, 70 L.Ed. 1139 (1926) "except in case of gross or palpable abuse."
See also Judge Frank's illuminating discussion of this question in United States v. Rosenberg, 195 F.2d 583, 604-607, (2d Cir.1952), cert. denied, 344 U.S. 838, 73 S.Ct. 20, 21, 97 L.Ed. 652 (Black, J. dissenting), order denying cert. withheld pending disposition of motion for rehearing, 344 U.S. 850, 73 S.Ct. 66, 97 L.Ed. 661, rehearing denied, 344 U.S. 889, 73 S.Ct. 180, 97 L.Ed. 687 (separate opinion by Frankfurter, J.), motion to vacate a stay of execution of a death sentence granted by Douglas, Jr. vacated, 346 U.S. 273, 73 S.Ct. 1152, 97 L.Ed. 1607 (1953).
[16] State v. Pete, 420 P.2d 338 (Alaska 1966).
[17] Battese v. State, 425 P.2d 606, 611 (Alaska 1967).
[18] 67 N.J. Super. 414, 170 A.2d 830, 836-840 (1961).
[19] 21 Wis.2d 147, 124 N.W.2d 9, 10 (1963).
[20] In State v. Tuttle, 21 Wis.2d 147, 124 N.W.2d 9, 11 (1963), the court said:
We consider that we have the power to review sentences to determine whether an abuse of discretion clearly appears, and to remand for resentencing or to modify a sentence. We withdraw all past statements indicating that the court lacks power to do so, although it will be a rare case where the power will be used.
[21] Martinez v. State, 423 P.2d 700 (Alaska 1967).
[22] State v. Smith, 417 P.2d 252 (Alaska 1966).
[23] Merrill v. State, 423 P.2d 686 (Alaska 1967).
[24] Reeves v. State, 411 P.2d 212 (Alaska 1966).
[25] State v. Parks, 437 P.2d 642 (Alaska, February 21, 1968).
[26] Marrone v. State, 359 P.2d 969 (Alaska 1961).
[27] West v. State, 409 P.2d 847 (Alaska 1966).
[28] Pedersen v. State, 420 P.2d 327 (Alaska 1966).
[29] Noffke v. State, 422 P.2d 102 (Alaska 1967).
[30] Thompson v. State, 426 P.2d 995, 999 (Alaska 1967); Egelak v. State, 438 P.2d 712 (Alaska, March 21, 1968).
[31] Jefferson v. City of Anchorage, 374 P.2d 241, 244 (Alaska 1962); Knudsen v. City of Anchorage, 358 P.2d 375, 384-86 (Alaska 1960).
[32] G. Mueller, Penology on Appeal: Appellate Review of Legal but Excessive Sentences, 15 Vand.Law Rev. 671, 684 (1962). In this article the author states:
With due respect, the executive pardon, not being subject to any legal restraint, has abolutely nothing to do with the problem at hand. Sentencing is a judicial problem, and as long as the judiciary is vested with a discretionary range of sentences, there must be some guard against a possible abuse of such discretion, just as there is appellate supervision over every other exercise of judicial discretion.
[33] Alaska const. art. I, § 12.
[34] See, Note, Statutory Structures for Sentencing Felons to Prison, 60 Col.L.Rev. 1134, 1162-67 (1960).
[35] See, American Bar Association Project on Minimum Standards for Criminal Justice, Standards Relating to Appellate Review of Sentences, § 3.4, at 55 (Tent. Draft 1967), where it is stated:
Perhaps the most controversial question involved in the decision to provide for sentence review is whether the reviewing court should be authorized to increase the penalty imposed by the sentencing court. The question can arise in two forms: whether the state should be allowed to take an appeal seeking an increase; and if not, whether the appellate court should be authorized to increase the sentence when the defendant appeals.
Existing sentence review statutes in this country are unanimous to the effect that the state cannot take an appeal against sentence and thereby secure an increase. See Appendix A, infra. The English agree. See Meador Report, Appendix C, pp. 141-42, infra. * * *
Opinion is more evenly divided on the question of whether an increase should be permitted when the defendant has taken the appeal. Most of the states in this country which now afford review do not allow such an increase. See, e.g., the statutes in Arizona, Illinois, Iowa, and Nebraska, Appendix A, infra. The sentence review which follows a general court martial likewise is limited to approval or reduction of the imposed sentence. See Appendix A, infra; United States v. Christensen, 12 U.S.C.M.A. 393, 30 C.M.R. 393 (1961). Four states, on the other hand, do permit an increase if the defendant appeals. See statutes in Connecticut, Maine, Maryland and Massachusetts, Appendix A, infra.
|
INTRODUCTION {#s1}
============
It is well established that immune function declines with aging. Immunosenescence of both the innate and adaptive immune systems results in increased susceptibility to infection, as well as increased severity of infection in the elderly. Influenza (flu) tends to be particularly problematic in the elderly with increased risk for serious complications and hospitalization. Approximately 90% of flu-related deaths occur in the elderly \[[@R1]\], with influenza and pneumonia being the seventh leading cause of death among persons over 65 years old in the United States \[[@R2]\]. Even when death is avoided, elderly have increased risk of morbidity and disability from flu infection. Flu-related hospitalizations are associated with increased loss of independence \[[@R3]\] and long term declines in activities of daily living are observed post flu infection among nursing home residents \[[@R4]\]. Further, flu is among the leading causes of catastrophic disability and dramatic losses of activities of daily living in the elderly \[[@R5]\]. While it is known that prolonged hospitalization of the elderly is associated with decreased muscle mass and strength; flu infections, independent of hospitalization, have some degree of muscle involvement with myalgia among the common symptoms even in uncomplicated infections \[[@R6]\].
While myalgia is a common non-pulmonary symptom of flu infection, other myopathies are less commonly reported. Interestingly, despite increased clinical severity in the elderly, most flu associated myopathies are reported in pediatrics \[[@R7], [@R8]\], though it is possible, and quite likely, that elderly myopathies are under reported and not the primary focus of care due to other more life-threatening complications. In pediatric populations the most common flu-associated myopathy is acute myositis, characterized by severe calf pain, difficulty walking, and altered gait that generally resolves on its own within 30 days, but more commonly within a week \[[@R7], [@R8]\]. Less frequently acute myositis has also been reported in both adults \[[@R9]\] and the elderly \[[@R10]\]. In a range of ages, elevated circulating markers of muscle damage, such as creatine kinase (CK), myoglobin, and lactate dehydrogenase, have been reported during flu infection \[[@R7]-[@R13]\]. Additionally, during flu pandemics there have been cases of rhabdomyolysis reported \[[@R14]-[@R16]\] and muscle biopsies have confirmed atrophic/necrotic muscle fibers, though inflammatory cell infiltration seems less common \[[@R7], [@R17]\]. Furthermore, during the 2009 H1N1 flu pandemic, elevated serum CK was associated with worse flu outcomes (length of intensive care unit stay, increased pulmonary, kidney, and other non-pulmonary complications) \[[@R11]\].
Nevertheless, the flu virus demonstrates great specificity for pulmonary epithelial cells, with all evidence indicating that in all or nearly all cases active infection remains limited to the respiratory system \[[@R6]\]. Thus, while a wealth of literature indicates symptomatic or functional muscle involvement with pulmonary flu infection, it is unclear if these complications only occur in severe infections or if they are under reported and under studied in less severe infections. The limited research regarding flu-induced myopathy pathogenesis is controversial; direct viral infection of the muscle and immune-mediated cytokine storm induced muscle damage are among the top hypotheses. While some *in vitro* studies have shown that myoblasts and myotubes may be susceptible to infection and might produce live viral progeny \[[@R18]-[@R20]\], isolation of virus from muscle biopsies is rare \[[@R12], [@R21]-[@R23]\]. *In vivo* murine experiments showed that a non-permissive infection is possible in mature muscle fibers, though this is more likely with intramuscular inoculation \[[@R24]-[@R26]\], so the clinical relevance of these experiments remains entirely unclear.
While the pathogenesis of flu-associated myalgia and myopathy has yet to be determined, their clinical significance is apparent. Though flu-induced myopathies in pediatric cases are not long lasting conditions with permanent effects, it is possible that due to decreased resilience in the elderly flu-induced myopathies may be prolonged and have lasting effects; leading to the increased disability and loss of independence observed post flu \[[@R3]-[@R5], [@R27]\]. As the aging population continues to grow, emphasis on extending healthspan and increasing resilience is necessary \[[@R28]\]. Flu and possibly other respiratory tract infections may represent an under reported risk factor predisposing elderly to sarcopenia, frailty, and overall decreased resilience. Here, in a well-validated murine model of flu infection, we aimed to characterize flu effects on skeletal muscle, both from a functional and molecular perspective, in both young and aged mice. We hypothesized that during flu infection aging would be associated with diminished mobility and functional performance together with upregulation of skeletal muscle inflammatory and atrophy genes.
RESULTS {#s2}
=======
Following influenza infection aged mice have prolonged weight loss and elevated lung viral titers {#s2_1}
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Young and aged mice were infected intranasally with a sublethal dose (500 EID~50~) of influenza A/PR/8/34 (PR8). Percent weight loss following infection is more severe and prolonged in aged mice (Fig [1A](#F1){ref-type="fig"}). While young mice begin to gain body mass by 10 days post infection (DPI), aged mice do not recover as quickly and differences between young and aged mice exist on 10-15 DPI. In the aged groups, increased weight loss is accompanied by slower viral clearance (Fig [1B](#F1){ref-type="fig"}) as measured by influenza polymerase (PA) copies in whole lung tissue via RT-qPCR. Although weight loss is a common marker used for pathogenicity in mice, it is rarely considered as a relevant outcome measure and mechanisms involved remain unknown.
{#F1}
Influenza infection induces impairments in voluntary locomotor activity and gait parameters in young and aged mice {#s2_2}
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To assess functional decrements associated with flu infection, we examined both voluntary activity levels, as well as more sensitive postural and kinematic gait alterations. Decreased voluntary locomotor activity was evident by 3 DPI in both young and aged mice as assessed by beam breaks in the open field test (Fig [2A](#F2){ref-type="fig"}). Diminished activity persisted through 20 DPI. Aged mice had fewer beam breaks per minute than their young counterparts on 11 (77.9% fewer), 15 (67.5% fewer), and 20 DPI (63.1% fewer) indicating that flu-induced decreased voluntary locomotor activity is more pronounced and prolonged in aged mice.
{#F2}
More detailed analysis of walking patterns was performed using the DigiGait system, which employs ventral plane videography to assess both spatial and temporal indices of gait at a given speed. Preliminary studies determined that 16cm/s was a speed that both young and aged mice could complete without difficulty and have consistent gait patterns for analysis (data not shown). Throughout the course of flu infection, no significant changes in stride, swing, or stance duration were observed (data not shown); however, alterations in postural components and acceleration parameters existed. By 7 DPI mice reduced stance width of both the fore (Fig [2B](#F2){ref-type="fig"}) and hind (Fig [2E](#F2){ref-type="fig"}) limbs by 15% and 13%, respectively, compared to baseline. Interestingly, aged mice initially had a wider fore limb stance, but these differences were concealed later in the infection. More pronounced differences in flu-induced gait alterations between the young and aged mice were observed in the midline distance of the fore (Fig [2C](#F2){ref-type="fig"}) and hind limbs (Fig [2F](#F2){ref-type="fig"}) later in infection, with hind limb midline distance being 46% narrower in aged mice compared to young mice on 20 DPI. This indicates aged mice are reaching less from their center with every step, perhaps due to increased muscle and joint pain limiting mobility. Additionally, later in the infection aged mice have increased stride length variability in the hind limbs compared to the young mice (Fig [2J](#F2){ref-type="fig"}). Gait symmetry index of the fore/hind limbs (Fig [2D](#F2){ref-type="fig"}) was increased in both young and aged mice at 11 DPI and 15 DPI as well, indicating a greater number of steps were taken with the fore limbs compared to the hind limbs.
Acceleration and deceleration measures were also affected by flu infection. The maximal rate of change of paw area contact during the braking phase (Max dA/dt), or how rapidly the mouse decelerates, is decreased in the fore (Fig [2H](#F2){ref-type="fig"}) and hind limbs (Fig [2K](#F2){ref-type="fig"}) later in the infection, though more pronounced in the hind limbs. Similarly, the maximal rate of change in paw area contact during the propulsion phase (Min dA/dt), or how rapidly the mouse propels itself into the next step, is decreased in the hind limbs by 7 DPI, but recovered by 20 DPI (Fig [2L](#F2){ref-type="fig"}). Both acceleration and deceleration are important parameters indicating the rate of force development, an important component of muscle health and quality. Interestingly, decreased Max dA/dt was still evident at 20 DPI.
Taken together, alterations in gait include decreased force development accompanied by decreased reaching distance and a narrower stance, more marked in the hind limbs and in aged mice. Diminished voluntary locomotor activity is prolonged in the aged mice as well. Functional impairments may be indicative of flu-induced muscle inflammation and damage, and that this is more severe and prolonged in aged mice.
Influenza infection induces altered inflammatory gene expression in skeletal muscle {#s2_3}
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Since alterations in gait were primarily in hind limbs, the gastrocnemius (gastroc) muscle gene expression was further examined over the course of flu infection in young and aged mice. As hypothesized, inflammatory gene expression in the gastroc was altered over the course of the flu infection. By 7 DPI flu induced increased gene expression of interleukin (IL)-6 (*IL6*) and IL-6 receptor alpha (*IL6RA*) (Fig [3A](#F3){ref-type="fig"} and Fig [3B](#F3){ref-type="fig"}).
{#F3}
*IL6RA* expression remained elevated by 3.6 fold in the aged mice at 11 DPI while the young mice returned to baseline expression levels. Aged gastroc had 2.7 fold increased expression of tumor necrosis factor (*TNF*) at baseline and these differences were intensified on 15 DPI with 6.7 fold greater expression of *TNF* in aged gastroc (Fig [2C](#F2){ref-type="fig"}). IL-6 and TNF are two key inflammatory mediators in skeletal muscle degeneration and repair, signaling through STAT3 and NFκB, respectively, that have vast effects on pro-inflammatory signaling, protein degradation, and atrophy gene induction (reviewed in \[[@R29]\]). Additionally, a dramatic 43 fold increase in expression of chemokine (C-X-C Motif) Ligand 10 (*CXCL10)*, a predominant player in T helper (Th) 1 responses that recruits immune cells, particularly T lymphocytes expressing its receptor CXCR3, into tissue, was observed in the aged gastroc at 11 DPI (Fig [3D](#F3){ref-type="fig"}). Prolonged and exaggerated levels of CXCL10 would increase immune cell recruitment and muscle inflammation, and potentially impair muscle regeneration processes.
Taking these results collectively, flu induced lingering inflammation in the aged muscle. As it is known that these inflammatory mediators signal through NFκB and other pathways that induce muscle atrophy and protein degradation, we next examined the expression of genes involved in these processes.
Increased expression of protein degradation and muscle atrophy genes post influenza infection is prolonged in aged mice {#s2_4}
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Although there are many pathways involved in protein degradation and atrophy, we focused on the ubiquitin proteasome pathway, primarily the muscle-specific E3 ubiquitin ligases atrogin-1 (also known as muscle atrophy F-box (MAFbx)) and muscle RING finger 1 (MuRF1), as the majority of literature to date shows increased atrogin-1 and/or MuRF1 expression at some point during almost all conditions of muscle wasting and atrophy \[[@R30]\]. As part of the ubiquitin proteasome pathway, atrogin-1 and MuRF1 control the ubiquitination and therefore degradation of specific target proteins in response to key signals. Key initiators of these pathways include inflammatory cytokines, as well as myostatin, glucocorticoids, FoxO transcription factors, and others. Following flu infection, we observed increased gastroc gene expression of both myostatin (*MSTN*) and *FOXO1* at 7 DPI (Fig [4C](#F4){ref-type="fig"} and [4D](#F4){ref-type="fig"}), by 2.0 and 2.3 fold change, respectively. *FOXO1* remained elevated at 11 DPI, while *MSTN* elevation was only transient. Interestingly, *FOXO1* was elevated in the young compared to aged mice at baseline and 3 DPI.
{#F4}
Corresponding with elevated cytokines, myostatin, and FOXO1 gene expression, both *ATROGIN1* and *MuRF1* gene expression were elevated with flu infection at 7 DPI by 2.1 and 5.3 fold, respectively. Moreover, in accordance with the prolonged inflammation, aged mice *ATROGIN1* and *MuRF1* expression remained elevated at 11 DPI (Fig [4A](#F4){ref-type="fig"} and Fig [4B](#F4){ref-type="fig"}). While in young mice *ATROGIN1 and MuRF1* expression was already decreased to below baseline levels (−2.6 and −2.3 fold, respectively) at this time point, aged mice expression remained elevated 2.3 and 2.5 fold, respectively. Interestingly, *ATROGIN1* was downregulated by 15 DPI, perhaps indicating an attempt to limit muscle degradation and begin repair processes. Baseline expression of *MuRF1* was decreased in aged mice, while no significant baseline differences existed in *ATROGIN1* expression. The influence of atrogin-1 and MuRF1 mRNA and protein expression on solely age-related muscle loss has yet to be resolved; some murine studies agree with our findings and show baseline suppression \[[@R31]\], while others have shown increased expression \[[@R32]\], and human studies have shown no differences \[[@R33], [@R34]\]. Nonetheless, induction of atrogin-1 and MuRF1 in response to flu infection indicates increased ubiquitination and proteolysis within the muscle. Furthermore, expression of two ubiquitin proteasome encoding genes, ubiquitin B (*UBB*) and ubiquitin C (*UBC*), was also increased with flu infection with a 2.6 and 3.6 fold increase at 7 DPI (Fig [4E](#F4){ref-type="fig"} and Fig [4F](#F4){ref-type="fig"}). Similarly, these increases were more dramatic and prolonged in aged mice. In young mice *UBC* expression peaked at 7 DPI, while aged mice continued increasing expression to a staggering 9.8 fold increase at 11 DPI. The increased levels of *UBB* and *UBC*, as well as *ATROGIN1* and *MuRF-1* indicate a catabolic environment of increased proteolysis, promoting muscle atrophy.
Influenza infection decreases expression of positive regulators of muscle growth {#s2_5}
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Increased atrogin1/MuRF-1 pathway components, as well as increased inflammatory cytokines, are associated with diminished muscle growth; however, following injury or atrophy muscle generally has a remarkable capacity to regenerate and repair. Muscle regeneration through myogenesis is regulated at many key steps by myogenic regulatory factors (MRFs), myocyte enhancer binding factors 2 (Mef2), and other growth factors. Thus, we next examined the gene expression of positive regulators of muscle growth following flu infection to determine if repair processes are suppressed during this time and/or if muscle regeneration follows flu-induced atrophic responses. At 7 DPI when atrophy and ubiquitin genes are upregulated, gastroc *IGF1* expression is reduced in both young and aged mice (Fig [5A](#F5){ref-type="fig"}). This was transient in the young mice, but remained downregulated in the aged mice through 11 DPI. During flu infection gastroc *PAX7*, a marker of satellite cells which are critical for adding myonuclei and regenerating muscle tissue, expression is decreased at 7 DPI in both young and aged mice, but to a greater degree in aged mice, less than one fold reduction compared to ∼3.5 fold reduction in the aged (Fig [5D](#F5){ref-type="fig"}). Similarly at this time the expression of both *MYOD1* and *MYOG*, key MRFs, was decreased to a greater degree, with approximately 7 and 2 fold reductions, respectively, in the aged mice (Fig [5E](#F5){ref-type="fig"} and [5F](#F5){ref-type="fig"}). *MEF2C*, which acts in concert with the MRFs to control DNA binding and transcriptional regulation, was also suppressed at this time point and remained suppressed at 11 DPI in the aged mice (Fig [5B](#F5){ref-type="fig"}).
{#F5}
In summary, flu suppressed positive regulators of muscle mass and regeneration with concurrent increases in negative regulators. Additionally, these responses were greater and/or prolonged in the aged mice.
Influenza-induced weight loss is correlated with gastroc gene expression of ubiquitin proteasome components {#s2_6}
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In order to determine if flu-induced weight loss was associated with muscle degradation, we performed correlation analysis on all variables that exhibited a time effect over the course of the flu infection. Indeed, multiple variables had significant correlations and age interactions were evident (Fig [6](#F6){ref-type="fig"}). In both young and aged mice *FOXO1* (Fig [6A](#F6){ref-type="fig"}), *IL6RA* (Fig [6B](#F6){ref-type="fig"}), *UBB* (Fig [6C](#F6){ref-type="fig"}), *UBC* (Fig [6D](#F6){ref-type="fig"}), and *MuRF1* (Fig [6E](#F6){ref-type="fig"}) were significantly correlated with percent body mass where *UBC* accounted for the greatest variation with R^2^ = 0.487 and 0.541 in young and aged mice, respectively (Fig [6D](#F6){ref-type="fig"}). Interestingly, a significant correlation was observed with *IGF1* expression in young mice that was not evident in aged mice (Fig [6G](#F6){ref-type="fig"}), and the opposite was observed with *ATROGIN1* expression (Fig [6F](#F6){ref-type="fig"}).
{#F6}
Further, all variables that had any significant correlations per age group were placed in a step-wise multiple regression analysis to determine if multiple variables could account for greater variability. In young mice *UBC, IGF1,* and *MuRF1* expression accounted for approximately 71% of variability seen in body mass changes (adjusted R^2^= 0.714, p=0.007), with additional variables not adding significantly to the model. In contrast, in aged mice *UBC* expression accounted for approximately 58% of the variability in body mass (adjusted R^2^= 0.576, p\<0.001) with no other variables tested (*ATROGIN1, MuRF1, IL6RA, UBB*, and *FOXO1)* adding significantly to the model.
Negligible viral copies detected in the gastrocnemius post influenza infection in vivo {#s2_7}
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Since flu-induced weight loss was correlated with gastroc gene expression, we next examined a potential mechanism; direct infection of the skeletal muscle *in vivo*. RNA harvested from the gastroc was probed for the flu PA similar to as performed on whole lung tissue. Though rare case studies have identified virus particles in muscle biopsies of influenza infected humans with myalgia, this highly unusual finding may be limited to critically ill and preterminal cases \[[@R12], [@R21]-[@R23]\]. Indeed, flu PA was not detectable in the majority of gastroc tissue and the few samples that had detectable levels of flu PA had only negligible levels (Fig [7A](#F7){ref-type="fig"}). Since there was an upregulation of muscle degradation genes in all mice by day 7 post infection, the mechanism of direct infection occurring during a natural infection is not supported by these results.
{#F7}
In vitro myoblasts do not harbor active influenza infection {#s2_8}
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To further investigate the possibility that direct infection of skeletal muscle could occur, we harvested leg skeletal muscle (gastroc, vastus medialis, vastus lateralis, soleus, and anterior tibialis) of uninfected young and aged mice. Myoblasts were harvested, grown, purified, and re-plated prior to infection. Myoblasts were incubated for 1 hour with 0 EID~50~, 10 EID~50~, or 100 EID~50~ PR8. Supernatants were collected at 24, 48, and 72 hours post infection and cytokine/chemokine concentration were determined via multiplex (Fig [7C](#F7){ref-type="fig"}, [7E](#F7){ref-type="fig"}, and [7F](#F7){ref-type="fig"}). IL-6 secretion was significantly greater from the aged myoblasts, (age effect: p\<0.001), but was not affected by infection or infection over time (infection effect: p=0.600, infection\*time interaction effect: p=0.583, Fig [7C](#F7){ref-type="fig"}). The same pattern was observed for CXCL10 (age: p\<0.001, infection: p=0.609, infection\*time: p =0.684, Fig [7D](#F7){ref-type="fig"}), CXCL1 (age: p\<0.001, infection: p=0.865, infection\*time: p =0.121, Fig [7E](#F7){ref-type="fig"}), and CCL2 (age: p\<0.001, infection: p=0.921, infection\*time: p =0.263, Fig [7F](#F7){ref-type="fig"}). Thus, cytokine secretion was affected by age, but not by flu infection. Myoblasts were harvested and RNA was extracted at 96 hours post infection to probe for flu PA copies as previously done. Though some studies \[[@R18]-[@R20]\] show that myoblasts can be infected by influenza *in vitro*, our results indicate that both young and aged myoblasts are not susceptible to a productive flu infection (Fig [7B](#F7){ref-type="fig"}).
DISCUSSION {#s3}
==========
Studies addressing the pathophysiology of flu infection typically focus on respiratory and immune systems, while those seeking to understand aging-related declines in mobility performance emphasize muscle biology and relevant neural systems. Nevertheless, it has become clear that systems-based approaches are essential to both aging research and clinical care of the elderly since a failure to think more broadly fails to consider crosscutting biological themes and motifs in aging and also ignores crucial bidirectional signals between different systems and tissues. With these considerations in mind, we have investigated the potential clinical significance of flu-associated myalgia and myopathies in relation to flu-induced disability in the elderly. Indeed, we have shown that flu infection induces both functional decrements and upregulation of muscle inflammation and atrophy gene expression that is more pronounced with aging, indicating the impact of flu infection on muscle may directly predispose elderly for catastrophic disability and sarcopenia. Additionally, the functional alterations observed during flu infection may increase risk of falls and other musculoskeletal injuries. Thus, here we have identified flu infection as a previously unrecognized, but potentially targetable, inducer of muscle atrophy potentially leading to decreased resilience in the elderly.
Aged mice have more severe and prolonged weight loss, as well as increased lung viral titers and delayed viral clearance following sublethal flu infection \[[@R35]\]. Similarly, voluntary locomotor activity is decreased with flu infection, and this reduction is prolonged in aged mice. However, since it is possible that voluntary activity could be diminished due to general flu-induced malaise, we analyzed gait patterns to assess more specific flu-induced alterations in functional performance. We showed that aged mice initially had a wider fore limb stance compared to young mice, but this was decreased with flu. It is known that elderly generally increase stance width to increase stability \[[@R36], [@R37]\], though this relationship is not yet established in mice. Midline distance was also decreased with flu infection and this was more dramatic in the hind limbs of the aged mice. Narrower steps with flu infection likely lead to decreased balance, potentially leading to increased risk for injury, as narrower stride width is associated with increased fall risk in elderly humans \[[@R36]\]. Stride length variability and gait symmetry index also increased with flu infection and is more prominent in the aged mice. Indeed, gait variability is also a predisposing factor for falls in elderly \[[@R38], [@R39]\]. Additionally, we showed decrements in acceleration and deceleration parameters with flu infection in both young and aged mice. Declines in the rate of force development and power output are evident in the elderly, and more importantly, are strong predictors of functional status and falling risk \[[@R40], [@R41]\]. Thus, many flu-induced functional alterations could be particularly problematic for already at-risk elderly.
Since functional alterations were primarily in the hind limbs we examined the gastroc, a large mixed fiber type muscle, for flu induced alterations in gene expression. Importantly, we demonstrated that flu-induced functional decrements were associated with increased inflammatory and atrophy gene expression. Both young and aged gastroc had increased expression of *IL6* and *IL6RA* by 7 DPI, while *IL6RA* expression remained elevated at 11 DPI only in aged mice. Additionally, *TNF* expression was only increased in the aged mice. Though the relationship between IL-6 and muscle inflammation and regeneration is not completely clear, higher expression of IL-6 and TNF in elderly skeletal muscle is associated with decreased muscular strength \[[@R42]\]. Further, it has been demonstrated that elderly humans have elevated expression of inflammatory mediators, particularly IL-6 and TNFα, and dysregulated signaling responses that lead to an increased inflammatory milieu and impaired myogenesis \[[@R43]\]. This low grade inflammation with aging also impairs postprandial muscle protein synthesis \[[@R44]\]. In addition to the common inflammatory mediators in muscle, *CXCL10* expression was dramatically increased only in the aged mice. While CXCL10 is predominantly associated with a Th1 response, it has been recently identified in inflammatory myopathies \[[@R45], [@R46]\], and secretion of CXCL10 from human fetal skeletal muscle cells is induced by treatment with either interferon (IFN)-γ or TNFα \[[@R45]\]. The dramatic increase in *CXCL10* expression in the aged mice contributes to exaggerated and prolonged gastroc inflammation. Thus, our results agree with previous research utilizing chemical \[[@R47]\] or exercise injury \[[@R43]\] and suggests that flu induces muscle inflammation in the aged that is heightened and prolonged potentially leading to further muscle damage and diminished regeneration.
Indeed, lingering inflammation in the aged was accompanied by increased and prolonged expression of atrophy and protein degradation genes. At 7 DPI both young and aged mice gastroc had increased expression of *ATROGIN1* and *MuRF1*; however, at 11 DPI while young mice downregulated expression, aged mice atrophy gene expression remained elevated. Similarly, both *UBB* and *UBC* expression was significantly higher in aged mice at 11 DPI. Proteins targeted for degradation that lead to muscle atrophy by atrogin-1 include myogenic regulatory factor MyoD and eukaryotic translation initiation factor 3 subunit f (eIF3-f), while MuRF1 preferentially targets myosin heavy chains and other myofibrillar proteins, though these targets are likely not exclusive to either ligase \[[@R30]\]. Further, in many instances, UBC acts in concert with atrogin1 and MuRF-1 through FOXO dependent pathways \[[@R48]\] suggesting that the increased *FOXO1* expression may tie together these proteolytic pathways in our flu induced muscle atrophy model. Moreover, increased *UBC* expression has been one of the most prominent mRNA increases observed in multiple muscle wasting disorders \[[@R49]\], so it is not surprising that *UBC* expression was the highest correlated gene with weight loss. Indeed, multiple atrophy and degradation genes were correlated with flu-induced weight loss, suggesting flu-induced weight loss is at least partly due to muscle degradation and atrophy. Interestingly, *IGF1* was negatively correlated with weight loss in young mice only. Also, in the step-wise multiple regression model, the addition of *IGF1* accounted for greater explanation of variability in weight loss in the young mice; however, this was not observed in the aged mice, suggesting anabolic signals are not strong contributors to percent weight loss and recovery in aged mice. Indeed, this lack of relationship observed with *IGF1* expression in the aged mice is likely attributable to anabolic resistance, a more recent concept described as the diminished response in aged muscle to many anabolic stimuli including branched chain amino acids and exercise \[[@R50], [@R51]\].
The observed suppression of positive regulators of muscle mass further tips the protein synthesis and protein degradation balance; and these were greater suppressed and prolonged in the aged mice. *IGF1* and *MEF2C* suppression was prolonged to 11 DPI in the aged mice, and peak suppression of *PAX7, MYOD1,* and *MYOG* was greater in aged mice compared to young mice. Certainly, IGF1 has been of particular interest in aging research over the years, and low circulating levels of IGF1, particularly in combination with elevated IL-6, have been associated with decreased muscle strength and increased prevalence of sarcopenia \[[@R52]\]. Thus flu induces these unfavorable responses in muscle tissue itself, predisposing the aged muscle to sarcopenic conditions. Surprisingly, no upregulation of positive regulators was evident during our time course, suggesting muscle mass may not be recovered.
Together our results suggest that flu induces functional decrements, as well as muscle inflammation, proteolysis, and atrophy, and that these changes are augmented and prolonged with aging. The pathogenesis behind this effect still remains unknown. Despite some studies suggesting direct infection of muscle cells \[[@R18]-[@R20]\], we showed no viral copies in gastroc muscle *in vivo* throughout the infection. Additionally, myoblasts were not susceptible to a productive infection *in vitro*. Desdouits et al. \[[@R19]\] reported that human myoblasts were less susceptible to flu infection than myotubes and response was variable among donors and flu strain, however many reports regarding productivity of infection in myoblasts and myotubes are conflicting \[[@R18]-[@R20], [@R53]\]. Further, it is important to note that mature muscle fibers are much different than myoblasts and myotubes, where these immature muscle cells exist only transiently. Satellite cells are only present in great quantities in early postnatal development and decrease dramatically in adulthood, accounting for 30-35% then 2-7%, respectively, of sublaminal nuclei on myofibers \[[@R54]\]. Supporting this, Nevalainen et al. \[[@R53]\] showed that mature muscle fibers do not produce viral progeny, though a non-permissive infection occurs. Indeed, *in vivo* studies have shown that a non-permissive infection may occur in the skeletal muscle \[[@R25]\], though this seems more likely when intramuscular flu infection models are used \[[@R24], [@R26]\]. Since we performed intranasal infections, similar to the natural route of infection in humans, it is unlikely this would occur; however, it is still possible that this non-permissive infection leads to viral copies below our detectible limit and direct viral infection, or perhaps the presence of viral particles, may contribute to muscle degradation. Collectively, the lack of *in vivo* evidence to suggest that mature muscle fibers are susceptible to infection and that this would actually occur during a natural flu infection leads us to conclude further research is necessary to determine the mechanism behind flu-induced muscle inflammation and degradation.
In summary, this manuscript is the first to identify in a controlled experiment setting flu-induced muscle inflammation and atrophy as well as functional impairment. Further, these effects are prolonged with aging, providing a molecular link to flu infection and disability in the elderly, together with some initial insights into the mechanism which may underlie aging-related declines in resilience. We have demonstrated that key inflammatory signals, and key ubiquitin proteasome components, both atrogin1 and MuRF1, as well as ubiquitin B and ubiquitin C, are upregulated. As it is known that muscle repair is diminished with aging, it is likely these muscle losses are not easily recoverable. Thus, future research may be able to target these pathways to prevent flu-induced atrophy and potential loss of quality of life in the elderly.
METHODS {#s4}
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Mice {#s4_1}
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Young (2.5-4 month old) C57BL/6 male mice were obtained from Charles River Laboratories and aged (19-22 month old) C57BL/6 male mice were obtained through the National Institute on Aging rodent colony. All mice were housed in a climate controlled environment with 12:12 light:dark cycle and fed standard rodent chow and water ad libitum. All procedures were approved by the University of Connecticut Medical School IACUC (protocol 100705) and carried out in accordance with these regulations. All mice underwent gross pathological examination at time of sacrifice and animals with obvious pathology were excluded from the study.
Viral infection {#s4_2}
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Mice were anesthetized with isoflurane and intranasally inoculated with 50μl of 500 EID~50~ of influenza virus A/PR/8/34 (PR8). Mice were weighed daily to monitor infection progression. At time points indicated, whole lung tissue was homogenized and RNA was isolated via RNeasy Mini Kit (Qiagen Inc., Valencia, CA). RNA was reverse transcribed with iScript cDNA synthesis Kit (Bio-Rad Laboratories, Inc., Hercules, CA) and flu viral copies were detected via reverse transcription quantitative PCR of flu acid polymerase (PA).
Voluntary locomotor activity {#s4_3}
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Spontaneous voluntary locomotor activity was measured via open field test at time points indicated. All tests were performed between 6-8am to control for diurnal variations. Following acclimation to the dim-lit testing room (at least 1 hour), mice were placed in the center of the photobeam activity system-open field (PAS-OF, 16"x16"x15" acrylic animal enclosure, San Diego Instruments, San Diego, CA) and their activity was recorded for 20 minutes. The first 5 minutes was excluded as this is generally considered to be exploratory behavior rather than general voluntary locomotor activity. The number of beam breaks per minute during the last 15 minutes was then used to assess voluntary locomotor activity.
Gait analysis {#s4_4}
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Gait analysis was performed using the DigiGait instrument (Mouse Specifics, Inc, Quincy, MA) and software (DigiGait Imager 4.0.0 and DigiGait Analysis 11.5, Mouse Specifics, Inc). The DigiGait instrument consists of a clear treadmill with a high-speed camera mounted underneath that collects images at 147 frames per second for high resolution of postural temporal gait parameters. Mice run within a 2" wide acrylic running chamber at set speeds. The ventral plane videos are analyzed with the DigiGait software which identifies portions of the paw that are in contact with the treadmill belt to produce both postural and kinematic gait parameters. Mice were introduced to the DigiGait system at a low speed (10cm/sec) briefly (30 seconds) prior to the initial testing. Mice were allowed to acclimate to the dim-lit room for 1 hour prior to each testing period and all tests were performed between 6-8am. Mice ran at the testing speed (16cm/sec) until approximately 5 seconds of consecutive walking was recorded and this video segment was analyzed via DigiGait software.
Gastrocnemius Reverse-Transcription quantitative PCR (RT-qPCR) {#s4_5}
--------------------------------------------------------------
At the time points indicated for gastrocnemius gene expression mice were fasted with the exception of water for 4-6 hours prior to sacrifice to minimize potential confounding results due to postprandial muscle protein synthesis. The gastrocnemius muscle was dissected and placed in RNAlater (Qiagen Inc.) overnight at 4°C. RNAlater was removed and gastrocnemius was frozen at 80°C until RNA extraction. The muscle was homogenized and RNA was extracted via RNeasy Fibrous Tissue Mini Kit (Qiagen Inc.). RNA quantity and quality was assessed with Nanodrop 2000c (Thermo Scientific, Waltham, MA) and was reverse transcribed via iScript Advanced cDNA synthesis Kit (Bio-Rad Laboratories, Inc.). RT-qPCR was performed using custom designed PCR plates with predesigned commercially available primers (Bio-Rad Laboratories, Inc.). Gene expression was calculated via a modified Pflaffl method utilizing multiple reference genes (RPS18 and TBP, which showed the least variability between conditions and thus suitable reference genes) and normalized to gene expression of young mice at Day 0 prior to infection to give comparable fold changes.
In vitro myoblast culture and infection {#s4_6}
---------------------------------------
Harvested leg skeletal muscle (gastroc, vastus medialis, vastus lateralis, soleus, anterior tibialis) from uninfected young and aged mice was incubated in collagenase type IIA and dissociated in growth media (Dulbecco modified Eagle\'s medium (D-MEM) supplemented with 20% fetal bovine serum (FBS), 1% penicillin/streptomycin, 5ng/mL basic fibroblast growth factor (bFGF)) and grown on extracellular matrix-coated plates (extracellular matrix, Sigma-Aldrich Corp., St. Louis, MO). When myoblasts reached 50-60% confluency, they were purified via plating on an uncoated Petri dish to remove any adherent fibroblasts. Myoblasts were then seeded at 150,000 cells per well in coated 6-well plates and allowed to grow to 50-60% confluency prior to infection. For infections, myoblasts were washed twice with phosphate buffered saline (PBS) and incubated for one hour with 0, 10, or 100 EID~50~ PR8 in D-MEM supplemented with 1% penicillin/strepto-mycin. Then myoblasts were washed twice with PBS and cultured with growth media for the remaining days. Culture media at time points indicated was analyzed for cytokine/chemokine concentrations via multiplex (25Plex Magnetic Bead Panel, EMD Millipore, Billerica, MA). Most cytokine/chemokines were below detectable limits (GCSF, GMCSF, IFNγ, IL10, IL12p40, IL12p70, IL13, IL15, IL17, IL1β, IL1α, IL2, IL4, IL5, IL7, IL9, MIP1β, MIP1α, MIP2, RANTES, TNFα). Total RNA was extracted via TRIzol (Ambion, Life Technologies, Grand Island, NY) according to manufacturer\'s recommendation. RNA was reverse transcribed and flu viral copies were detected via real-time quantitative PCR of flu PA.
Statistical analysis {#s4_7}
--------------------
Weight loss, viral titers, functional performance, and log-transformed gastroc gene expression results were analyzed via 2-way ANOVA (age x time point) with Bonferroni post hoc corrections when indicated with significance set a p\<0.05. Genes were considered differentially expressed if fold changes were ≥ 2 and p\<0.05. In vitro myoblast supernatant and RNA were analyzed via 3-way ANOVA (age x infection condition x time point) and 2-way ANOVA (age x infection condition), respectively, with Bonferroni post hoc corrections when indicated with significance set at p≤0.05. Univariate linear regression was used to compare the relationship between gastroc gene expression and percentage weight loss independently for each variable that showed time effects with significance set at p\<0.05. Step-wise multiple regression analysis was used to determine if multiple variables could better predict percent weight loss.
The authors thank April Masters, M.S., Erica Lorenzo, Sandra Jastrzebski, and Judy Kalinowski for their assistance with experiments.
**Funding**
Work was supported by National Institutes of Health (NIH)-National Institute of Aging (NIA) P01 grant AG02160 (L. Haynes). S. Pan was supported by American Federation of Aging Research (AFAR) Medical Student Training in Aging Research (MSTAR) program. G. Kuchel is the Citicorp Chair in Geriatrics and Gerontology.
**Conflict of interest statement**
The authors have no conflicting financial interests.
|
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The ASF licenses this file to You under the Apache License, Version 2.0
(the "License"); you may not use this file except in compliance with
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<HTML>
<BODY>
This package contains the TypeTable, implementations of the AbcClass,
Attributes, MetaData, Method, Namespace, and Variable from the
flex2.compiler.abc package.
This package also includes NodeMagic, which was originally intended to
capture all calls into ASC, other than the ones made by
flex2.compiler.as3.As3Compiler, with the intent that they could be
collected into an official API in the future. Due to increased
integration, this effort was dropped.
</body>
</html>
|
Officials have not yet positively identified another man who was in the vehicle.
Each of the bodies was badly burned.
Police have said excessive speed may have caused the single-vehicle crash late Tuesday night. The vehicle went off the roadway on Interstate 96 and slammed into the base of a bridge on the eastbound lanes.
|
Background {#Sec1}
==========
Cardiovascular sequelae represent a leading cause of mortality in Fabry disease. Early detection of cardiac involvement is therefore a subject of considerable interest. Low native T1 values have been shown to be associated with echocardiographic markers of early systolic and diastolic dysfunction, even in those without left ventricular hypertrophy (LVH), and conceptually could be used to optimise the efficacy of Enzyme replacement therapy (ERT). The purpose of this study was to determine the relationship of both, native T1 and feature tracking CMR (FT-CMR) derived strain parameters, with maximal LV wall thickness and LVmass in Fabry\'s as a clinical marker of cardiac disease manifestation.
Methods {#Sec2}
=======
66 genetically confirmed successive Fabry patients (24 of which ERT naïve, 3 male, 21 female) underwent CMR at 1.5T (Avanto, Siemens AG, Erlangen, Germany). A standardised clinical CMR protocol including T1 mapping (Siemens Molli WIP 448) was used in all. A single ROI was selected in the mid-wall of a basal and mid-short axis slice, to determine a native T1 value, which was then corrected for heart rate, and averaged. Global longitudinal (GLS) and circumferential strain (GCS) parameters were derived from 4-chamber and corresponding mid-short axis SSFP cine images, using dedicated CMR feature tracking software (Diogenes® TomTec, Germany). Maximal wall thickness was determined from the mid short axis slice, and LV mass was calculated from the short axis stack (CMR Tools). Patients were subdivided into two groups of normal LV mass and increased LV mass.
Results {#Sec3}
=======
Baseline characteristics are shown in table [1](#Tab1){ref-type="table"}. Basal T1 values were significantly lower in those with increased LV mass compared to those with normal LV mass (901 ± 36 ms vs. 951 ± 59 ms, p = 0.002, figure [1](#Fig1){ref-type="fig"}). GLS was also seen to be reduced in this group (-14.1 ± 6.7 vs. -20.3 ± 3.7, p = 0.002). In those with normal LV mass, T1 values were lower in males (924 ± 59 ms vs. 964 ± 55 ms, p = 0.03) whilst there was no significant difference in GLS (-11.8 ± 5.7 vs. -16.4 ± 7.3, p = 0.669).Table 1Baseline CharacteristicsMale (n = 24)Female (n = 42)Age (years)44.5 ± 13.545.9 ± 14.30.686LV Mass BSA (g/m2)98.8 ± 53.757.1 ± 18.30.001Ejection Fraction (%)66 ± 766 ± 80.794Maximal Wall thickness (mm)14.5 ± 6.89.6 ± 2.50.002Systolic blood pressure (mmHg)125.1 ± 12.5119.7 ± 20.80.264Diastolic blood pressure (mmHg)72.5 ± 9.670.1 ± 12.70.436Pre-contrast basal septal T1 (ms)912 ± 53954 ± 560.004Pre-contrast mid septal T1 (ms)915 ± 48952 ± 520.007Pre-contrast mean septal T1 (ms)914 ± 48953 ± 510.003Global Longitudinal Strain (%)-16.3 ± 5.7-20.2 ± 5.00.007Global Circumferential Strain (%)-25.0 ± 4.9-24.0 ± 5.20.49Figure 1**Basal pre-contrast T1 values in LVH positive and negative patients**.
There was moderate negative correlation between LV mass and basal T1 values (rs = -0.500, p \< 0.0001), with only mild positive correlation between mass and GLS (rs = 0.348, p = 0.004). Native T1 values did not correlate with GLS (basal pre-contrast T1: rs = -0.203, p = 0.103). In those with normal LV mass, basal T1 values correlated better with LV mass as compared to GLS (: rs = -0.365, p = 0.009 and rs = -0.012, p = 0.932, respectively), whereas the opposite was seen in those with increased LV mass.
Conclusions {#Sec4}
===========
Native T1 mapping shows stronger correlation with increased LV mass as compared to FT-MRI derived longitudinal strain. It shows promise as a potential future biomarker to detect early cardiac involvement in Fabry disease, and potentially to guide patient selection and timing of therapy.
|
Q:
Xen error on CentOS
During the creating of a new virtual server in xen using this command
xen-create-image --hostname=minecraft.koanhosting.com --ip 87.98.249.146 --install -method=debootstrap
But I keep getting this error:
Writing inode tables: 0/32^H^H^H^H^H 1/32^H^H^H^H^H 2/32^H^H^H^H^H 3/32^H^H^H^H^H 4/32^H^H^H^H^H 5/32^H^H^H^H^H 6/32^H^H^H^H^H 7/32^H^H^H^H^H 8/32^H^H^H^H^H 9/32^H^H^H^H^H10/32^H^$
Creating journal (32768 blocks): done
Writing superblocks and filesystem accounting information: done
This filesystem will be automatically checked every 28 mounts or
180 days, whichever comes first. Use tune2fs -c or -i to override.
Done
Installation method: debootstrap
Copying files from host to image.
Copying files from /var/cache/apt/archives -> /tmp/LYC7oAQoxq/var/cache/apt/archives
Done
Done
I: Retrieving Release
E: Failed getting release file http://ftp.us.debian.org/debian/dists/etch/Release
Copying files from new installation to host.
Copying files from /tmp/LYC7oAQoxq/var/cache/apt/archives -> /var/cache/apt/archives
Done
Done
The installation of the new system has failed.
The system is missing the common file: /bin/ls
Done
System installation failed. Aborting
Can't seem to find any resources on google at all for this error. I have a feeling it's to do with debootstrap, not sure though.
A:
Apparently, the default settings for xen-create-image try to debootstrap Etch, a Debian release unsupported for almost two three years.
The Debian Wiki has an entry on Xen, with a section about creating a Debian guest image using xen-tools. It gives an example call to xen-create-image like this:
xen-create-image [..] --dist <lenny|squeeze|maverick|whatever>
thus you could try adding --dist squeeze (stable) or --dist wheezy (testing) to your command line.
If this doesn't already do the trick, have a closer look at /etc/xen-tools/xen-tools.conf and man xen-create-image.
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BEGIN GRIDDATA
strt LAYERED
CONSTANT 115.0
CONSTANT 115.0
CONSTANT 115.0
CONSTANT 115.0
CONSTANT 115.0
END GRIDDATA
|
Q:
gitlab-ci.yml ignoring docker image in private runners
Well, I created a private runner in my Digital Ocean VPS. This private runner is using shell executor, and this is my gitlab-ci.yml file:
variables:
VERSION_NAME: ${CI_COMMIT_REF_NAME}-${CI_CONCURRENT_ID}
before_script:
- docker info
stages:
- test
- build
- deploy
- delivery
test_project:
tags:
- safepark
stage: test
image: mcr.microsoft.com/dotnet/core/sdk:2.1
script:
- dotnet test
build_image:
tags:
- safepark
only:
- master
stage: build
script:
- docker build -f WebApi/Dockerfile -t myuser/myimage
- docker tag -t myuser/myimage myuser/myimage:${VERSION_NAME}
push_image:
tags:
- safepark
only:
- master
stage: deploy
script:
- docker push myuser/myimage
- docker push myuser/myimage:${VERSION_NAME}
But in "test" stage the image is never pulled and I got "dotnet command not found". But If I change to a shared runner everything works fine. Seems like "image" is ignored by gitlab runner. How can I solve it ?
A:
When you want to use a Gitlab Runner with docker, you have to use the docker executor instead of a shell executor.
You can only run commands locally on the machine that runs the executor when using the shell executor.
I assume that it's working on the shared runner as it might have a docker executor.
|
Q:
Django Image Uploading - Uploads do not work
I am currently working on a Django app and I have come across an error that I am unsure how to fix. I have looked about online but still haven't found an answer that suits my code. I am trying to allow users to upload a profile picture however I am not sure why it won't work. The files do not upload to the correct folder and IF they do upload somewhere I am not sure where. I think it may be something to do with the path that is referenced in settings.py and the upload_to in my model. All help is appreciated.
Thanks in advance. :)
Image of the directory setup of my files
settings.py file (bottom of it)
STATIC_URL = '/static/'
MEDIA_URL = '/media/'
MEDIA_ROOT = os.path.join(PROJECT_ROOT, 'media')
LOGIN_REDIRECT_URL = 'main:home'
AUTH_USER_MODEL = 'main.Designer'
INTERNAL_IPS = '127.0.0.1'
models.py (Designer Model)
class Designer(AbstractBaseUser, PermissionsMixin):
email = models.EmailField(unique=True)
username = models.CharField(max_length=25, unique=True)
display_name = models.CharField(max_length=25)
twitter = models.CharField(max_length=15)
bio = models.TextField(max_length=145, blank=True, default="")
avatar = models.ImageField(upload_to='img', default='img/default_profile_pic.jpg')
up_votes = models.IntegerField(default=0)
available = models.BooleanField(default=False)
thumbnail_price = models.FloatField(null=True)
channel_art_price = models.FloatField(null=True)
monthly = models.BooleanField(default=False)
promoted = models.BooleanField(default=False)
date_joined = models.DateTimeField(default=timezone.now)
is_active = models.BooleanField(default=True)
is_staff = models.BooleanField(default=False)
If there are any other parts you need to see to help solve my problem, please let me know. All help is appreciated.
A:
You need to add enctype="multipart/form-data" to your <form> element in the template, otherwise the browser can't send files to the server.
|
Exterior lighting systems are used in vehicles to assist the driver or occupant in seeing obstructions or avoiding dangerous driving conditions. Vehicles typically use headlamps, situated at the front of the vehicle, as a means to illuminate a roadway during dark or adverse weather conditions. In order to maximize sight distance, vehicle headlamps should be aimed properly.
|
This invention relates to dynamically vulcanized elastomeric blends including hydrogenated acrylonitrile-butadiene copolymers. More specifically, this invention is directed toward blends that include finely divided and well dispersed rubber particles within a matrix that includes hydrogenated acrylonitrile-butadiene copolymers. These blends can be employed as a substitute for substantially homogeneous blends of hydrogenated acrylonitrile-butadiene copolymer and are therefore economically advantageous.
Hydrogenated acrylonitrile-butadiene copolymers, which may also be referred to as hydrogenated acrylonitrile-butadiene rubber or hydrogenated nitrile rubber, or simply HNBR, have proven to be very technologically useful. Indeed, hydrogenated nitrile rubber is distinguished by a high ultimate tensile strength, low abrasion, minimal permanent deformation after compressive and tensile stressing, high oil resistance, very high thermal stability, and excellent oxidative stability.
Unfortunately, hydrogenated nitrile rubber is expensive and therefore, although technologically useful, it is not always commercially useful. A possible solution to the economic disadvantages of using hydrogenated nitrile rubber is to blend hydrogenated nitrile rubber with other materials, such as other rubbers. In fact, elastomeric blends that include hydrogenated acrylonitrile-butadiene rubber are known. For example, U.S. Pat. No. 4,405,756 discloses a rubber composition that is co-vulcanizable with a sulfur cure system and includes 5 to 20 percent by weight of a partially hydrogenated unsaturated nitrile-conjugated diene copolymer rubber, 5 to 80 percent by weight of an ethylene-propylene-non-conjugated diene terpolymer rubber, and a required amount of at least one vulcanization accelerator selected from the group of thiuram accelerators and dithiocarbamate accelerators. These rubber compositions have the characteristics of the two rubbers that are employed including excellent oil resistance and ozone resistance and surprisingly show higher tensile strength and heat aging resistance than additively brought about by the mixing of the two rubbers.
U.S. Pat. No. 5,187,232 discloses a rubber blend that contains 20 to 60 percent by weight polychloroprene and 80 to 40 percent by weight hydrogenated nitrile rubber. Vulcanizates of this elastomeric blend demonstrate both high modulus and high dynamic stress-absorbing capacity.
European Patent Publication 0 555 781 A1 discloses a rubber composition comprising: i) partially hydrogenated unsaturated nitrile-conjugated diene copolymers having an iodine value not larger than 120, ii) an ethylenepropylene copolymer, and iii) a material selected from an ethylene-vinyl acetate copolymer, an acrylic rubber, and a hydrogenated butyl rubber. This rubber composition provides a vulcanized rubber having an improved constant-elongation fatigue performance, as well as a balanced thermal resistance, oil resistance, and other properties.
European Patent Publication 0 559 515 A1 discloses a rubber formulation comprising, based on the weight of the rubber formulation, i) 2 to 98 percent by weight of a hydrogenated nitrile rubber containing at least one functional group selected from a carboxylic acid group and an epoxy group, and ii) 98 to 2 percent by weight of an organopolysiloxane containing a functional group capable of reacting with the above-mentioned functional group. The hydrogenated nitrile rubber and the organopolysiloxane are crosslinked with and dispersed in each other.
U.S. Pat. No. 5,612,418 discloses a peroxide curable blend including a polyacrylate elastomer and a partially hydrogenated rubber. The cured product is characterized by having excellent heat and oil resistance, and is particularly suitable for making belts, hoses, gaskets and the like for use in automobile engines.
Therefore, there is a need for a material or blended material that exhibits the properties of hydrogenated nitrile rubber, and is therefore technologically useful, and that is likewise economical and therefore commercially useful.
It is, therefore, an object of the present invention to provide a material that exhibits the technologically useful characteristics of hydrogenated nitrile rubber.
It is another object of the present invention to provide a material that is more economical than hydrogenated nitrile rubber.
At least one or more of the foregoing objects, together with the advantages thereof over the known art relating to elastomeric blends that contain hydrogenated acrylonitrile-butadiene rubber, will become apparent from the specification that follows and are accomplished by the invention as hereinafter described and claimed.
In general the present invention provides an elastomeric blend prepared by the steps comprising: dynamically vulcanizing a dynamically-vulcanizable elastomer within a mixture that comprises the dynamically-vulcanizable elastomer, a hydrogenated acrylonitrile-butadiene copolymer, and a vulcanizing agent that is specific for the dynamically-vulcanizable elastomer during dynamic vulcanization.
The present invention also includes a vulcanizate prepared by the steps comprising: dynamically vulcanizing a dynamically-vulcanizable elastomer within a mixture that comprises the dynamically-vulcanizable elastomer, a hydrogenated acrylonitrile-butadiene copolymer, and a vulcanizing agent that is specific to the dynamically-vulcanizable elastomer during dynamic vulcanization, and effecting vulcanization of the hydrogenated acrylonitrile-butadiene copolymer.
The present invention also includes an elastomeric blend comprising: from about 25 to about 75 parts by weight of total polymer in the elastomeric blend of hydrogenated acrylonitrile-butadiene copolymer; and from about 75 to about 25 parts by weight of total elastomer in the elastomeric blend of dynamically vulcanized elastomer, where said dynamically vulcanized elastomer is in the form of vulcanized particles having an average diameter below about 1.4 micrometers.
The present invention also includes a vulcanizate comprising: from about 25 to about 75 parts by weight of vulcanized acrylonitrile-butadiene copolymer; and from about 75 to about 25 parts by weight of a dynamically vulcanized elastomer, where said dynamically vulcanized elastomer is in the form of vulcanized particles having an average diameter below about 2 xcexcm and are dispersed throughout the said vulcanized hydrogenated acrylonitrile-butadiene copolymer.
It has now been found that certain dynamically vulcanized blends that include hydrogenated acrylonitrile-butadiene copolymers (HNBR) as the continuous phase exhibit many of the properties of substantially homogeneous compositions of HNBR. Accordingly, the dynamically vulcanized blends of this invention are technologically useful and provide many economic benefits.
The blends of this invention are dynamically vulcanized and are characterized by the presence of finely divided and well dispersed rubber particles within a matrix that includes HNBR. Those skilled in the art will appreciate that dynamic vulcanization refers to the crosslinking of at least one elastomeric polymer within a blend with at least one other non-vulcanizing polymer while both polymers are undergoing mixing or masticating at some elevated temperature, and where the mixing or masticating continues until vulcanization is essentially complete. According to this invention, a dynamically-vulcanizable elastomer is vulcanized within a blend including HNBR while the polymers are undergoing mixing or masticating at an elevated temperature. Because HNBR is likewise vulcanizable, the step of vulcanizing the vulcanizable elastomer should not likewise crosslink a significant amount of the HNBR.
The dynamically vulcanized blends of this invention, therefore, include a co-continuous phase of HNBR and at least one dynamically vulcanized elastomer that is not HNBR. The term dynamically-vulcanizable elastomer refers to those elastomeric polymers or rubbers that can be selectively crosslinked while blended with HNBR without crosslinking the HNBR. The term dynamically vulcanized elastomers refers to those dynamically, vulcanizable elastomers that have been selectively cured or crosslinked during dynamic vulcanization. The term elastomeric polymers or rubbers generally refers to compositions of polymers that have an ultimate elongation that is greater than 100 percent and that quickly retract 150 percent or less of their original length within about 10 minutes after being stretched to 200 percent of their original length and held at 200 percent of their original length for about 10 minutes. It should also be understood that the dynamically vulcanized blends of this invention can include additional ingredients including, but not limited to, fillers, processing aids, and age-resistors (antidegradants).
In a preferred embodiment of this invention, the dynamically vulcanized blends will include HNBR and from about 10 to about 80 parts by weight of a dynamically vulcanized elastomer per 100 parts by weight of HNBR (phr). More preferably, the dynamically vulcanized blends of this invention will include HNBR and from about 25 to about 75 parts by weight of a dynamically vulcanized elastomer phr, and even more preferably from about 50 to about 75 parts by weight of a dynamically vulcanized elastomer phr.
Any known or commercially available HNBR can be used in practicing this invention. In fact, any partially hydrogenated unsaturated nitrile-conjugated diene copolymer rubber can be used. These partially hydrogenated copolymers typically derive from copolymers of an unsaturated nitrile monomer, such as acrylonitrile or methacrylonitrile, and at least one conjugated diene, such as 1,3-butadiene, isoprene, or 1,3-pentadiene. A part of the conjugated diene may be replaced by an unsaturated carboxylic acid such as acrylic acid, methacrylic acid, fumaric acid, or itaconic acid, an ester of the unsaturated carboxylic acid, such as its methyl, butyl, or 2-ethylhexyl ester, or an N-methylol acrylamide such as N-methylolacrylamide. These copolymers can be produced by various polymerization techniques including, but not limited to, emulsion polymerization and solution polymerization. These copolymers are then hydrogenated so that the resulting partially hydrogenated copolymer has a degree of hydrogenation, based upon the carbon-carbon double bonds emanating from the butadiene, of at least 85 percent, preferably of at least 91 percent, more preferably of at least 99 percent, and even more preferably of at least 99.5 percent. The degree of hydrogenation is typically determined by Fourier Transform Spectra [FTIR]. Commercial HNBR is available with percent of hydrogenation from 99+ to 85 percent. In order to use sulfur crosslinking, which is the type used in this invention, HNBR preferably has at least 2 percent residual double bond. It should be understood that inasmuch as commercially available HNBR is not 100 percent hydrogenated, HNBR is often referred to as a partially hydrogenated copolymer. But, for purposes of this specification, no distinction is made between those copolymers that are hydrogenated or partially hydrogenated so long as the copolymers meet the above specifications for a degree of hydrogenation. Therefore, the terms hydrogenated or partially hydrogenated nitrile rubber will be used interchangeably. Various techniques are known in the art for hydrogenating these copolymers including, but not limited to, those techniques disclosed in U.S. Pat. Nos. 3,700,637, 4,337,329, 4,384,081, 4,464,515, 4,631,315, 4,795,788, 4,892,928, and U.S. Pat. No. 5,164,457, which are incorporated herein by reference.
Examples of partially hydrogenated copolymers that are useful in practicing the present invention include hydrogenated acrylonitrile-butadiene copolymer rubber (HNBR), hydrogenated acrylonitrile-butadiene-isoprene copolymer rubber, and hydrogenated acrylonitrile-butadiene-methylacrylate copolymer rubber. As noted above, the hydrogenated acrylonitrile-butadiene copolymer is the most preferred hydrogenated nitrile rubber for practicing the present invention. Inasmuch as hydrogenated acrylonitrile-butadiene copolymer or HNBR is the most preferred hydrogenated copolymer for practicing the present invention, reference is often made simply to HNBR. It should be understood, however, that the term HNBR or hydrogenated nitrile rubber is used without limitation and will refer to any partially unsaturated nitrile-conjugated diene copolymer disclosed herein.
In a preferred embodiment, the HNBR should include between 5 and 60 percent by weight copolymerized acrylonitrile, and more preferably from about 50 to about 36 percent by weight copolymerized acrylonitrile. It is also preferred that the HNBR have a Mooney Viscosity of 40 to about 65, and preferably from about 50 to about 65 (ML 1+4) at 100xc2x0 C.
Partially hydrogenated acrylonitrile-butadiene copolymer rubber is commercially available from Nippon Zeon of Japan under the tradename ZETPOL, or Bayer AG of Germany under the tradename THERBAN.
As noted above, the dynamically vulcanized blends of this invention will include finely divided and well dispersed rubber particles that derive from a dynamically-vulcanizable elastomer. These particles can derive from vulcanizable elastomers that include, without limitation, polychloroprene, epoxidised polyisoprene, bromobutyl, chlorobutyl and maleated natural rubber. These elastomeric compositions can be selectively crosslinked in the presence of HNBR without significantly curing the HNBR. Those skilled in the art will be able to readily select a crosslinking agent or technique that can be used to crosslink these polymers without crosslinking the HNBR. Although the crosslinking agent that can be used in practicing the present invention is dependent on the dynamically-vulcanizable elastomer that is employed, crosslinking agents that do not crosslink HNBR include, but are not limited to, metallic oxides and amines. Also, inasmuch as dynamic vulcanization is a well known technique, those skilled in the art will be able to readily select the proper equipment and techniques for carrying out the dynamic vulcanization including, but not limited to, the crosslinking temperature and mixing speed.
The finely divided and well dispersed rubber particles, i.e., the dynamically vulcanized elastomer, that are dispersed within the HNBR matrix according to this invention preferably have an average particle size smaller than about 4.0 xcexcm, preferably of an average particle size smaller than about 1.5 xcexcm, more preferably of an average size smaller than about 1.0 xcexcm, and still more preferably of an average particle size of 0.5 xcexcm or less.
One preferred embodiment of the present invention is directed toward a dynamically vulcanized blend that includes finely divided and well dispersed particles of polychloroprene within an HNBR matrix. Preferably, this blend will include HNBR and from about 25 to about 75 parts by weight polychloroprene per one hundred parts by weight of total elastomer. This blend can be prepared by crosslinking polychloroprene with zinc oxide and preferably magnesium oxide while the polychloroprene is undergoing mixing and masticating in a blend with HNBR. Zinc oxide can be used alone to vulcanize polychloroprene, but there is a potential for scorching because of the production of ZnCl2, which is a vulcanization catalyst. It is preferred to add a scavenger for zinc chloride to prevent any scorching. This dynamic vulcanization is preferably carried out at a temperature of from about 150 to about 160xc2x0 C. and within an internal mixer operating at from about 80 to about 81 revolutions per minute. Polycholoroprene can be obtained from Bayer Chemical under the tradename BAYPRENE and from E.I. Dupont under the tradename NEOPRENE. The polychloroprene grades differ in term of tendency to crystallize (polymerization temperature, or copolymerization with other monomers), type of modification (mercaptan or sulfur), processing behavior (precrosslinking), color and storage stability, different Mooney viscosities and ability to crosslink without sulfur and accelerator. Therefore, the curing will be slightly different among the different grades since the rate of vulcanization of polychloroprene depends on the amount of allylic chlorine in the polymer chains.
Another embodiment of the present invention is directed toward a dynamically vulcanized blend that includes finely divided and well dispersed particles of cured maleated epoxidised polyisoprene within an HNBR matrix. Preferably, this blend will include HNBR and from about 25 to about 75 parts by weight of cured maleated epoxidized polyisoprene per one hundred parts by weight HNBR. The maleated epoxidised polyisoprene can be cured by using zinc oxide. Additionally, an accelerator, such as stearic acid, can be used in conjunction with an activator to crosslink the HNBR ratio. Preferred activators are tetramethylthiuram disulfide (TMTD) and 2-Mercaptobenzothiazole (MBT). The dynamic vulcanization preferably takes place at a temperature of from about 154 to about 160xc2x0 C. while the maleated epoxidised polyisoprene is mixed within the presence of HNBR within an internal mixer operating speed of from about 60 to about 65 revolutions per minute.
In an alternative embodiment, the maleated epoxidised polyisoprene can be prepared in situ. That is, a blend of epoxidised polyisoprene, HNBR, and maleic anhydride can be prepared, and shortly after contacting, the maleic anhydride an epoxidised polyisoprene will react to form maleated epoxidised polyisoprene. Generally, from about 1 to about 4 percent maleic anhydride per one hundred parts by weight epoxidised polyisoprene is used to prepare the maleated epoxidised polyisoprene. Preferably, the epoxidised polyisoprene, HNBR, and maleic anhydride are mixed at a temperature of about 120 to about 140xc2x0 C. in order to obtain the maleated epoxidised polyisoprene. This mixing should preferably take place at from about 60 to about 80 revolutions per minute. As discussed above, zinc oxide is then added to the mixture to crosslink the maleated epoxidised polyisoprene while it is mixed with HNBR. Epoxidised natural rubber is available under the tradename EPOXYPRENE from Guthrie Latex, Inc. in Tucson, Ariz. There are two grades available from Guthrie Latex. The grades differ in the extent of modification (25 mole % epoxidised (EPOXYPRENE 25) and 50 mole % epoxidised (EPOXYPRENE 50).
Once the dynamically vulcanized blends of this invention are prepared, the hydrogenated acrylonitrile-butadiene rubber can be subsequently vulcanized to improve its mechanical properties as well as the mechanical properties of the overall blend. As those skilled in the art will appreciate, HNBR can be cured by using sulfur, peroxides, or derivatives thereof, such as sulfur donors/accelerators, such as tetramethyl thiuramdisulfide (TMTD), tetramethylthiuram monosulfide (TMTM), 2-mercaptobenzothiazole (MBT), dibenzothiazyldisulfide (MBTS), N-cyclohexyl-2-benzothiazylsulfenamide (CBS), etc. Typically, sulfur is employed in an amount from about 0 to about 1.5 parts by weight per one hundred parts by weight HNBR. Similarly, peroxides are used in an amount from about 3 to about 5 parts by weight per one hundred parts by weight HNBR, if the peroxide is pure, or from about 7 to about 13 parts if the peroxide is a 40% solution. In conjunction with these curatives, other cure accelerators can be employed, such as non-sulfur and non-peroxide cure accelerators.
For example, the sulfur and sulfur-containing cure systems that can be used in the present invention can include one or more sulfur curing accelerators. Suitable accelerators commonly employed include, for example, thioureas such as ethylene thiourea, N,N-dibutylthiourea, N,N-diethylthiourea and the like; thiuram monosulfides and disulfides such as tetramethylthiuram monosulfide (TMTMS), tetrabutylthiuram disulfide (TBTDS), tetramethylthiuram disulfide (TMTDS), tetraethylthiuram monosulfide (TETMS), dipentamethylenethiuram hexasulfide (DPTH) and the like; benzothiazole sulfonamides such as N-oxydiethylene-2-benzothiazole sulfonamide, N-cyclohexyl-2-benzothiazole sulfonamide, N,Ndiisopropyl-2-benzothiazole sulfonamide, N-tert-butyl-2-benzothiazole sulfonamide (TBBS) and the like; 2-mercaptoimidazoline, N,N-diphenylguanidine, N,N-di-(2-methylphenyl)-guanidine, thiazole accelerators such as 2-mercaptobenzothiazole, 2-(morpholinodithio)benzothiazole disulfide, zinc 2-mercaptobenzothiazole and the like; dithiocarbamate accelerators such as tellurium diethyldithiocarbamate, copper dimethyldithiocarbamate, bismuth dimethyldithiocarbamate, cadmium diethyldithiocarbamate, lead dimethyldithiocarbamate, zinc dibutyldithiocarbamate, zinc diethyldithiocarbamate, and zinc dimethyldithiocarbamate.
As noted, sulfur donor-type accelerators may be used in place of elemental sulfur or in conjunction with elemental sulfur if desired. Suitable amounts of sulfur and/or sulfur donor accelerators can be readily determined by those of ordinary skill in the art and generally range from about 3 to about 6 phr. The amounts of a sulfur donor accelerator can also be readily determined by those of ordinary skill in the art and generally range from about 3 to about 5 phr. Some examples of sulfur donor accelerators include: dimorpholino disulfide commonly referred to as Sulfasan R and various alkyl phenol disulfides that are commercially available from Pennwalt Corporation.
Examples of suitable peroxides that can be used as curing agents or cocuring agents include alpha-cumyl hydroperoxide, methylethylketone peroxide, hydrogen peroxide, acetylacetone peroxide, t-butyl hydroperoxide, t-butyl peroxybenzoate, 2,5-bis(t-butyl peroxy)-2,5-dimethylhexene, lauryl peroxide, benzoyl peroxide, 2,4-dichlorobenzoyl peroxide, dibenzoyl peroxide, bis(pmonomethylene-benzoyl) peroxide, bis(p-nitrobenzoyl) peroxide, phenylacetyl peroxide, and the like. Suitable amounts of peroxide crosslinking agents can be readily determined by those having ordinary skill in the art and generally range from about 6 to about 13 phr.
Examples of inorganic peroxides that can be used as co-curing agents with p-quinone dioxime include lead peroxide, zinc peroxide, barium peroxide, copper peroxide, potassium peroxide, silver peroxide, sodium peroxide, calcium peroxide, metallic peroxyborates, peroxychromates, peroxydicarbonates, peroxydiphosphates, peroxydisulfates, peroxygermanates, peroxymolybdates, peroxynitrates, magnesium peroxide, sodium pyrophosphate peroxide, and the like.
Examples of polysulfide activators for the quinone-type co-curing agents include calcium polysulfide, sodium polysulfide, as well as organic polysulfides having the general formula Rxe2x80x94(S)xxe2x80x94R, where R is a hydrocarbon group and x is a number from 2-4. Examples of organic polysulfides are disclosed in U.S. Pat. No. 2,619,481.
The compositions of this invention can be compounded with various conventional additives as desired, including process and extender oils; processing aids such as various metal salts of stearic acid, mixtures of aromatic resin and fatty acids, sodium dodecyl sulfate as well as tackifying resins, plasticizers, antioxidants, antiozonants, waxes, cure accelerators, zinc oxide, stearic acid , UV stabilizers, fillers, and the like. These additives can be utilized in amounts conventionally employed in rubber compounds. Suitable fillers include, without limitation, petroleum-derived materials such as carbon black, ground coal, and cryogenically ground rubber, and mineral fillers such as hard clays, soft clays, chemically codified clays, mica, talc, calcium carbonate, titanium dioxide, amorphous precipitated hydrated silica, and mixtures thereof.
As discussed above, the dynamically vulcanized elastomeric blends of this invention can be employed as a substitute for substantially homogeneous blends of hydrogenated acrylonitrile-butadiene copolymer. As those skilled in the art will appreciate, hydrogenated acrylonitrile-butadiene rubber is technologically useful because of its excellent mechanical properties, oil resistance, ozone resistance, heat resistance, and abrasion resistance. The dynamically vulcanized blends of this invention likewise exhibit these properties. Namely, the dynamically vulcanized blends of this invention, upon curing of the HNBR, are characterized by a tensile strength of at least 4 MPa, preferably at least 5 MPa, more preferably at least 7.5 MPa. Also, the dynamically vulcanized blends of this invention, upon curing of the HNBR, are characterized by an oil resistance, as measured by the swelling of the rubber. Still further, the dynamically vulcanized blends of this invention, upon curing of the HNBR, are characterized by an ozone resistance.
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This fun and vibrant five piece measuring set from Colourworks makes baking and cooking in the kitchen a treat for the whole family. Teach your kids each measurement amounts (1/4 tsp, 1/2 tsp, 1 tsp, 1/2 tbs and 1 tbs) through colour, whilst perfecting any recipe. And when you are done baking your delicious cake or finishing simmering your sauce, you can put the Colourworks CWMSPOONSET Measuring
An essential item for any kitchen the Salter Mechanical Kitchen Scales will allow you to accurately measure out your ingredients. Featuring a clock face style display with large digits that are easy to read the weighing scales have a 2 litre dishwasher safe bowl. With both metric and imperial measurements theyre designed to take a maximum weight of 5kg/11lb. - L.M. Features: Salter
An essential item for any kitchen the Salter Mechanical Kitchen Scales will allow you to accurately measure out your ingredients. Featuring a clock face style display with large digits that are easy to read the weighing scales have a 2 litre dishwasher safe bowl. With both metric and imperial measurements theyre designed to take a maximum weight of 5kg/11lb. - L.M. Features: Salter
An essential item for any kitchen the Salter Mechanical Kitchen Scales will allow you to accurately measure out your ingredients. Featuring a clock face style display with large digits that are easy to read the weighing scales have a 2 litre dishwasher safe bowl. With both metric and imperial measurements theyre designed to take a maximum weight of 5kg/11lb. - L.M. Features: Salter
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A great gift for any beer lover the Craft Beer Connoisseur Set from Spiegelau features a selection of four beautifully crafted beer glasses for your drinking pleasure. Featuring a tall pilsner a beer tulip a lager glass and a wheat beer glass the fine blown glasses are designed to enhance the flavours of each type of beer. Exceptionally durable the glasses are also dishwasher safe for easy
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Measurement of human tumour oxygenation status by a polarographic needle electrode. An analysis of inter- and intratumour heterogeneity.
Tumour oxygenation status was measured by a polarographic needle electrode in 31 patients with lymph node metastasis of squamous cell carcinoma of the head and neck and 18 patients with primary soft tissue sarcoma. Two oxygenation parameters, the median pO2 and the proportion of measured values less than 5 mm Hg, were used in comparing the inter- and intrasubject heterogeneity in tumour and subcutaneous tissue. Results of the analysis may be summarized as follows: 1) the variation in oxygenation between tumours was significantly greater than that within tumours, 2) the variation in oxygenation of subcutaneous tissue between patients was significantly greater than the variation within patients, 3) oxygenation of tumour was significantly lower than that of subcutaneous tissue, 4) no significant difference in the distribution of the oxygenation parameters in the two tumour types, and 5) both oxygenation parameters correlated. In conclusion, measurements by oxygen electrodes were able to distinguish intratumour heterogeneity from intertumour heterogeneity provided that several electrode tracks were done. The method therefore appears to be feasible for differentiation of tumour oxygenation clinically.
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IN THE SUPREME COURT OF IOWA
No. 17–0423
Filed May 31, 2019
KEITH PUNTENNEY; LAVERNE I. JOHNSON; RICHARD R. LAMB,
Trustee of the Richard R. Lamb Revocable Trust; MARIAN D. JOHNSON
by her Agent VERDELL JOHNSON, NORTHWEST IOWA LANDOWNERS
ASSOCIATION; IOWA FARMLAND OWNERS ASSOCIATION, INC.; and
the SIERRA CLUB IOWA CHAPTER,
Appellants,
and
HICKENBOTTOM EXPERIMENTAL FARMS, INC. and PRENDERGAST
ENTERPRISES, INC,
Petitioners,
vs.
IOWA UTILITIES BOARD, A Division of the Department of Commerce,
State of Iowa,
Appellee,
and
OFFICE OF CONSUMER ADVOCATE and THE MAIN COALITION,
Intervenors-Appellees,
and
DAKOTA ACCESS, LLC,
Appellee.
Appeal from the Iowa District Court for Polk County, Jeffrey D.
Farrell, Judge.
2
Landowners appeal a district court decision denying a petition for
judicial review of a decision by the Iowa Utilities Board authorizing a
company to use eminent domain to build a crude oil pipeline. AFFIRMED.
William E. Hanigan and Jason R. Lawrence of Davis, Brown, Koehn,
Shors & Roberts, P.C., Des Moines, for appellants Richard R. Lamb;
Marian D. Johnson by Agent, Verdell Johnson; Northwest Iowa
Landowners Association; and Iowa Farmland Owners Association, Inc.
Wallace L. Taylor of Law Offices of Wallace L. Taylor, Cedar Rapids,
for appellants Keith Puntenney, LaVerne I. Johnson, and Sierra Club Iowa
Chapter.
Bret A. Dublinske and Brant M. Leonard of Fredrikson & Byron,
P.A., Des Moines, for appellee Dakota Access, LLC.
David J. Lynch (until withdrawal), Cecil I. Wright II, and Benjamin J.
Flickinger, Des Moines, for appellee Iowa Utilities Board.
Mark R. Schuling and John S. Long, Des Moines, for intervenor-
appellee Office of Consumer Advocate.
Matthew C. McDermott and Espnola F. Cartmill of Belin McCormick,
P.C., Des Moines, for intervenor-appellee The Main Coalition.
David Bookbinder, Washington, D.C., and Scott L. Long of Long &
Gilliam, Des Moines, for amicus curiae Niskanen Center.
3
MANSFIELD, Justice.
The Bakken Oil Field has made North Dakota the second leading oil-
producing state in our country. Almost all of America’s oil-refining
capacity, however, is located elsewhere in the nation. For this reason, an
underground crude oil pipeline was proposed that would run from western
North Dakota across South Dakota and Iowa to an oil transportation hub
in southern Illinois. Following a lengthy administrative proceeding, the
Iowa Utilities Board (IUB) approved the construction of this pipeline in
Iowa and approved the use of eminent domain where necessary to
condemn easements along the pipeline route.
Several landowners and an environmental organization sought
judicial review. They contended the pipeline did not serve the “public
convenience and necessity” as required by law, see Iowa Code § 479B.9
(2016); did not meet the statutory standard required for a taking of
agricultural land, see id. §§ 6A.21(1)(c), .22(1); and did not meet the
constitutional definition of “public use” set forth in article I, section 18 of
the Iowa Constitution and the Fifth Amendment to the United States
Constitution. Two of the landowners also raised claims personal to them.
The district court denied the petitions for judicial review, and the
petitioners have appealed.
On appeal, we conclude that the IUB’s weighing of benefits and costs
supports its determination that the pipeline serves the public convenience
and necessity. We also conclude that the pipeline is both a company
“under the jurisdiction of the [IUB]” and a “common carrier,” and therefore
is not barred by Iowa Code sections 6A.21 and 6A.22 from utilizing
eminent domain. See id. §§ 6A.21(2), .22(2)(a)(2). In addition, we conclude
that the use of eminent domain for a traditional public use such as an oil
pipeline does not violate the Iowa Constitution or the United States
4
Constitution simply because the pipeline passes through the state without
taking on or letting off oil. Lastly, we determine that the IUB’s resolution
of the two individual landowner claims was supported by the law and
substantial evidence. For these reasons, we affirm the district court’s
judgment.
I. Background Facts and Proceedings.
In October 2014, Dakota Access, LLC (Dakota Access) filed
documents with the IUB disclosing its intent to construct an underground
crude oil pipeline from western North Dakota to Patoka, Illinois, an oil
transportation hub. The pipeline would traverse Iowa from the northwest
corner to the southeast corner of the state, passing through eighteen
counties over a distance of approximately 343 miles.
In December 2014, as required by law, Dakota Access held
informational meetings, attended by IUB representatives, in each of the
eighteen counties. See id. § 479B.4. The following month, Dakota Access
filed a petition with the IUB for authority to construct the pipeline. See id.
§§ 479B.4–.5. In the petition, Dakota Access sought “the use of the right
of eminent domain for securing right of way for the proposed pipeline
project.” See id. § 479B.16. Various parties requested and were granted
permission to intervene, including landowners, trade unions, business
associations, and environmental groups.
On June 8, the IUB filed a procedural schedule for the case in which
it identified three issues for consideration:
(a) whether the proposed pipeline will promote the public
convenience and necessity, (b) whether the location and route
of the proposed pipeline should be approved, and (c) whether
and to what extent the power of eminent domain should be
granted . . . .
5
The hearing on Dakota Access’s application took place in November
and December 2015. On the first day, the IUB received public comments
from over 200 people both in support of and against the pipeline. An
eleven-day evidentiary hearing followed. During that hearing, sixty-nine
witnesses testified. After the conclusion of the hearing, the IUB received
posthearing briefs.
On March 10, 2016, the IUB issued a 159-page final decision and
order. First, it addressed whether the pipeline would promote the public
convenience and necessity. The IUB concluded that the public
convenience and necessity test should be treated “as a balancing test,
weighing the public benefits of the proposed project against the public and
private costs or other deteriments as established by the evidence in the
record.” It also concluded that it could consider “public benefits outside
of Iowa” for an interstate oil pipeline. In addition, the IUB noted that
climate change is “a very important issue,” but that the pipeline
“represents, at most, a change in the method of crude oil deliveries that
are already taking place and that will continue to take place regardless of
whether this pipeline is built.” The IUB further found that “the increased
safety associated with pipeline transport of crude oil is significant” as
compared to existing rail transportation of that oil.
Continuing, the IUB also found overall economic benefits to Iowa
from the construction and operation of the pipeline. And while it observed
that it would be impossible to build and operate a pipeline without any
environmental impact, it found that the route was “selected in a manner
intended to minimize adverse environmental impacts” and specifically “to
minimize the possibility of leaks.” It added that “Dakota Access has taken
reasonable steps to reduce the safety risks associated with the proposed
pipeline.”
6
The IUB required that the parent companies of Dakota Access
provide unconditional financial guarantees of the pipeline’s liabilities and
made a series of modifications to the agricultural impact mitigation plan.
Among other things, the IUB required that the pipeline be installed at a
minimum depth of forty-eight inches where reasonably possible, that all
tiling be repaired and restored, and that Dakota Access provide a GPS map
to the landowner of any tiling found during construction.
Ultimately, the IUB found that the pipeline would promote the public
convenience and necessity. It did so primarily for two reasons:
First, the proposed pipeline represents a significantly safer
way to move crude oil from the field to the refinery when
compared to the primary alternative, rail transport. The most
credible evidence in this record, based on data from the U.S.
Department of Transportation, shows that the spill incident
rate for transport of crude oil by rail transport is three to four
times higher than the incident rate for pipeline transport on a
ton-mile basis. The oil is going to be produced and shipped
as long as the market demands it; given that reality, shipping
by the safest available method makes sense.
Second, in the IUB’s view, there would be considerable economic benefits
“associated with the construction, operation, and maintenance of the
proposed pipeline.”
On the other side of the ledger, the IUB noted that there were
potential adverse environmental and agricultural impacts from the
pipeline as well as effects on the landowners whose land would be
trenched. Yet, with certain precautionary measures in place, it found that
the benefits outweighed the costs associated with the project.
Regarding the pipeline’s route through Iowa, the IUB observed that
Dakota Access had used a software program that evaluated alternative
routes and “developed a route that would avoid those land areas where the
pipeline could impact critical structures or habitat.” It found that a zigzag
7
route that contained right angles and followed division lines (as proposed
by some landowners) would create additional safety issues.
The IUB then turned to the eminent domain issues. It found that
sections 6A.21 and 6A.22 gave authority to a pipeline company under the
IUB’s jurisdiction to condemn an easement for “public use.” It concluded
that this statutory public-use requirement had been met. In addition, it
determined that constitutional objections to the exercise of eminent
domain were resolved by the statutory public-use determination.
The IUB also considered a series of objections by landowners to the
exercise of eminent domain over their specific properties. In several
instances, it sustained the objections in whole or in part. Thus, in one
case, it required that the route be relocated to avoid additional buildings
that were being constructed for a turkey farm. In response to another
landowner’s plea, the IUB directed the preservation of certain fruit trees
that were roosting places for several species of bats. The IUB also refused,
on legal grounds, to allow the condemnation of property that was owned
by governmental entities such as counties.
The IUB was not persuaded, however, by landowner Keith
Puntenney’s objection. Puntenney requested that the pipeline’s path be
diverted because he wanted to install three wind turbines on his property
in the area of the proposed route. But the IUB concluded that there was
no “firm plan” to install wind turbines and “it has not been shown that the
pipeline would necessarily interfere with the possible future installation of
wind-driven turbine generators.” As to landowner LaVerne Johnson, the
IUB did not agree that the pipeline could not cross his tiling system,
although it did require that the pipeline be bored under his tiling system
including the main concrete drainage line.
8
Following the IUB’s final decision and order, several motions for
clarification and rehearing were filed. On April 28, the IUB issued an order
denying these motions.
On May 26 and May 27, several petitions for judicial review were
filed in the Polk County District Court. The petitioners included
Puntenney, Johnson, the Sierra Club, and a group of landowners known
as the Lamb petitioners. The petitions were later consolidated for hearing.
Meanwhile, in June, Dakota Access began construction of the
pipeline in Iowa. On August 9, the Lamb petitioners asked the district
court to stay any construction activity on their property. The stays would
have been limited to construction on the fifteen parcels of land owned by
the Lamb petitioners and would not have extended statewide. In their
expedited relief request, the Lamb petitioners argued, “Until the pipeline
trench is actually dug, petitioners’ claims are not moot,” and added that
“if they do not receive a stay before [Dakota Access’s] pipeline trench is
dug, any remedy will be inadequate.”
On August 21, the district court denied the request for stay because
the Lamb petitioners had failed to seek relief first from the IUB. See id.
§ 17A.19(5)(c). The Lamb petitioners returned to the IUB, which denied
the stay. On August 29, the district court denied the Lamb petitioners’
renewed request for a stay. No request was made to this court for
interlocutory review of the denial of the stay.
On February 15, 2017, following briefing and argument, the district
court denied the petitions for judicial review. Regarding the question of
public convenience and necessity, the court concluded that the IUB had
“balanced the pros and cons of the project and entered a reasonable
decision based on the evidence presented.” It added that the decision was
“supported by substantial evidence.”
9
On the eminent domain question, the district court reasoned that
Iowa Code sections 6A.21 and 6A.22 conferred condemnation authority on
common-carrier pipelines under the jurisdiction of the IUB. It also found
that the condemnations were for a public use, thus meeting the
requirements of the Fifth and Fourteenth Amendments and article I,
section 18 of the Iowa Constitution. Finally, it overruled the specific claims
advanced by Puntenney and Johnson as to the exercise of eminent domain
over their properties.
Puntenney, Johnson, the Sierra Club, and the Lamb petitioners
appealed. We retained the appeal.
II. Standard of Review.
When an administrative review proceeding is before us, we “apply
the standards set forth in section 17A.19(10) and determine whether our
application of those standards produce[s] the same result as reached by
the district court.” Hawkeye Land Co. v. Iowa Utils. Bd., 847 N.W.2d 199,
207 (Iowa 2014) (alteration in original) (quoting Auen v. Alcoholic
Beverages Div., 679 N.W.2d 586, 589 (Iowa 2004)).
Accordingly, “we review constitutional issues in agency proceedings
de novo.” Id. at 208 (quoting NextEra Energy Res. LLC v. Iowa Utils. Bd.,
815 N.W.2d 30, 44 (Iowa 2012)); see also Iowa Code § 17A.19(10)(a).
Regarding an agency’s interpretation of a statute:
If the legislature clearly vested the agency with the authority
to interpret specific terms of a statute, then we defer to the
agency’s interpretation of the statute and may only reverse if
the interpretation is “irrational, illogical, or wholly
unjustifiable.” If, however, the legislature did not clearly vest
the agency with the authority to interpret the statute, then
our review is for correction of errors at law.
10
NextEra, 815 N.W.2d at 37 (citations omitted) (quoting Doe v. Iowa Dep’t
of Human Servs., 786 N.W.2d 853, 857 (Iowa 2010)); see also Iowa Code
§ 17A.19(10)(c), (l).
Here, we think the legislature clearly vested the IUB with the
authority to interpret “public convenience and necessity” as used in Iowa
Code section 479B.9. We reach this conclusion for several reasons.
First, we believe “public convenience and necessity” is a term of art
within the expertise of the IUB. See Renda v. Iowa Civil Rights Comm’n,
784 N.W.2d 8, 14 (Iowa 2010) (referring to “a substantive term within the
special expertise of the agency”).
In addition, the Iowa Code itself indicates that the legislature wanted
the IUB to have leeway in determining public convenience and necessity.
Section 479B.9 states,
The board may grant a permit in whole or in part upon
terms, conditions, and restrictions as to location and route as
it determines to be just and proper. A permit shall not be
granted to a pipeline company unless the board determines
that the proposed services will promote the public
convenience and necessity.
(Emphasis added.) The phrase “unless the board determines” seemingly
affords the IUB deference. Otherwise, if the matter were to be left to
judicial determination, the statute would say something like, “unless the
proposed services will promote the public convenience and necessity.”
Additionally, we have previously held that it is not a judicial function
to determine whether a service will promote the public convenience and
necessity. See Application of Nat’l Freight Lines, 241 Iowa 179, 186, 40
N.W.2d 612, 616 (1950) (“We have held several times that the
determination whether the service proposed will promote the public
convenience and necessity is a legislative, not a judicial, function. . . . It
is not for the district court or this court to determine whether the
11
commission has acted wisely nor to substitute its judgement for that of
the commission.”)
On the other hand, we do not defer to the IUB’s interpretation of
Iowa Code sections 6A.21 and 6A.22. Chapter 6A is a general eminent
domain law that applies to all state agencies, and the term “public use” is
not “uniquely within the subject matter expertise of the agency”—here the
IUB. Renda, 784 N.W.2d at 14.
Lastly, we review the IUB’s factual findings under a substantial
evidence standard. See Iowa Code § 17A.19(10)(f). “The agency’s decision
does not lack substantial evidence merely because the interpretation of
the evidence is open to a fair difference of opinion.” NextEra, 815 N.W.2d
at 42 (quoting ABC Disposal Sys., Inc. v. Dep’t of Nat. Res., 681 N.W.2d
596, 603 (Iowa 2004)).
III. Standing of the Sierra Club.
We must first consider two threshold matters—standing and
mootness. Dakota Access challenges the standing of the Sierra Club. The
Sierra Club is a nonprofit environmental organization. The Sierra Club is
asserting the interests of two of its members—Mark Edwards and Carolyn
Raffensperger. Edwards lives in Boone and worked for the Iowa
Department of Natural Resources as a trail coordinator for thirty years.
He submitted an affidavit expressing concern that the pipeline will damage
Iowa’s waterways, contribute to climate change, and destroy Native
American burial grounds and cultural sites.
Raffensperger lives in Ames. Her home sits about one mile from the
pipeline. She submitted an affidavit voicing concern for her own safety
and the immediate environment around her property as well as her belief
that the pipeline will contribute to climate change, damage Native
American cultural sites, and pollute Iowa waterways.
12
Dakota Access does not dispute that the Sierra Club can assert the
interests of its members for standing purposes. See Citizens for Wash.
Square v. City of Davenport, 277 N.W.2d 882, 886 (Iowa 1979). However,
Dakota Access points out that Sierra Club has not shown that any of its
members owns property on the pipeline route. Accordingly, Dakota Access
maintains that the Sierra Club lacks standing.
We disagree. In Bushby v. Washington County Conservation Board,
we adopted the United States Supreme Court’s standard for standing in
environmental disputes. 654 N.W.2d 494, 496–97 (Iowa 2002) (“The
United States Supreme Court has held that plaintiffs in cases involving
environmental concerns establish standing if ‘they aver that they use the
affected area and are persons “for whom the aesthetic and recreational
values of the area will be lessened” by the challenged activity.’ ” (quoting
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., 528 U.S. 167, 183, 120
S. Ct. 693, 705 (2000))).
Here, Sierra Club met the Bushby standard. Sierra Club members
Raffensperger and Edwards submitted affidavits describing their use and
enjoyment of the rivers, streams, soil, and other natural areas and
aesthetics. They described their concerns that the construction and
operation of the pipeline would have adverse environmental impacts on
those areas that they use and enjoy.
Raffensperger’s and Edwards’s concerns are not entirely
speculative, remote, and in the uncertain future as Dakota Access
suggests. Sierra Club presented the IUB with actual evidence of pipeline
accidents that have resulted in millions of dollars in cleanup and damages.
Nothing in the Iowa Code limits standing in pipeline proceedings to
individuals whose property is in the direct path of the pipeline. Section
479B.7 allows any person “whose rights or interests may be affected by
13
the proposed pipeline” to file objections. Iowa Code § 479B.7. Section
17A.19 authorizes any “person or party whose is aggrieved or adversely
affected by agency action” to seek judicial review. Id. § 17A.19. The Sierra
Club has standing.
IV. Mootness.
Dakota Access next argues that the appeal is moot. This presents a
closer issue. The pipeline was actually completed two years ago in May
2017 at a cost of approximately $4 billion. Since then it has been regularly
carrying crude oil from North Dakota to Illinois. Its capacity is 450,000
barrels of oil per day. The record does not indicate how much Dakota
Access actually paid for easements to bury the pipeline underground in
Iowa, but the projected cost was $85 million. Where the pipeline was
buried during construction, land restoration has already taken place.
Iowa Code section 17A.19 states in part, “The filing of the petition
for review does not itself stay execution or enforcement of any agency
action.” Id. § 17A.19(5)(a). In short, it places the burden on the party
contesting agency action to obtain a stay. As noted above, the Lamb
petitioners’ application for a stay from the district court was denied nearly
three years ago. They did not seek a stay from this court, nor did they ask
to expedite this appeal when it was filed over two years ago. 1
Ninety years ago, this court ruled that an eminent domain appeal
challenging the taking of the plaintiff’s twenty-tree apple orchard was moot
once the road in question had been built. Welton v. Iowa State Highway
Comm’n, 208 Iowa 1401, 1401, 227 N.W. 332, 333 (1929). We explained,
It is substantiated by uncontroverted affidavit that,
subsequent to the decision of the district court in this case, and
in the absence of an order staying appellees’ actions, the road
1Filingan appeal does not result in an automatic stay of a trial court ruling. See
Iowa R. App. P. 6.601(1).
14
in controversy was established, and the land in question,
including the claimed orchard, was taken and used by the
appellees for primary road purposes, and that the road has
been fully constructed and paved through the premises
involved in this action; that the appellant has perfected an
appeal to the district court of Mahaska county, from the award
of the condemnation commissioners, as to the amount of his
damages, by reason of the taking of the identical property
involved in this action, and which cause was assigned for trial
in the district court of Mahaska county, to begin on the very
day of the submission of this cause to this court. It will thus
be observed that, during the pendency of the appeal, the
defendant did not obtain a restraining order from this court, as
was done in the Hoover Case, supra. This court has the
power, upon application being made, to grant a restraining
order to maintain the status quo of the parties during the
pendency of an appeal, and, when no other means of
protection is afforded by the law, there is no hesitancy in
granting the order.
It is apparent from the uncontroverted affidavit that the
orchard has been taken for highway purposes and the paving
laid. No order which we can now make can preserve to
appellant his orchard.
Id. (emphasis added) (citations omitted).
Welton arguably should control here. As in Welton, the petitioners
lost on the merits and then did not try to obtain a stay from this court
while a substantial construction project went forward. See id.
Similarly, in Porter v. Board of Supervisors, we held it was too late
for us to enjoin condemnation proceedings once a drainage ditch had been
installed:
We call attention also to the fact that it was stated in oral
argument, and not denied, that the construction had already
taken place and that the canal or ditch was in operation.
There was no stay of proceedings nor application in this court
for an order to stay construction. Under these circumstances
the construction of the ditch became an established fact
before the case was submitted to us for decision.
238 Iowa 1399, 1404, 28 N.W.2d 841, 844 (1947).
On the other hand, in Lewis Investments, Inc. v. City of Iowa City,
we held that an appeal from an order condemning a property as a nuisance
15
so the city could rehabilitate it was not moot, because the only thing that
had happened was that the city had paid its deposit and taken possession
of the property. 703 N.W.2d 180, 184 (Iowa 2005). We observed that
the city’s ultimate goal—transfer of the property to a private
individual for rehabilitation or demolition—has not become an
accomplished fact like the road in Welton. There is nothing in
the record to show that the property has been transferred or
that substantial improvements have been made to the
property that would place it beyond the power of this court to
restore the parties to their former positions. Therefore, we
hold the appeal is not moot.
Id. In short, Lewis Investments was distinguishable from Welton because
no work had been performed on the property.
The petitioners counter that the case is not moot because the courts
could order relief other than a tear-out of the entire pipeline. For example,
the pipeline could be partially removed and rerouted around the
petitioners’ properties. Another possibility is that the petitioners could
obtain trespass damages. It is noteworthy that most property owners
along the route chose to make voluntary easement agreements with
Dakota Access to allow the pipeline to go underneath their farmland;
hence, their rights and status might not be affected by a decision in this
case. The petitioners also counter that a lawsuit of these constitutional
and practical dimensions should not become moot simply because Dakota
Access chose to proceed with construction while the petitioners’ judicial
review proceeding was still pending.
One case worth considering is Grandview Baptist Church v. Zoning
Board of Adjustment, 301 N.W.2d 704 (Iowa 1981). In Grandview Baptist,
a church obtained a permit from the building commissioner to build a steel
storage building. Id. at 706. Within days, a contractor built the building
and several neighboring property owners appealed the granting of the
permit to the zoning board of adjustment. Id. The board ruled that the
16
structure was not proper and had to be removed. Id. Both the district
court and our court upheld the board’s action. Id. at 708–09.
In our decision, we rejected the church’s argument that it was too
late for our court to do anything about the building. Id. at 709. We
elaborated,
The objectors timely appealed to the board, but before their
appeal was heard the building had been constructed. The
Church claims the objectors are estopped because the Church
has vested rights in the building.
Under such circumstances the Church cannot
successfully invoke the doctrine of vested rights so as to
deprive the objectors of the fruits of their appeal. Otherwise
the right of appeal would be meaningless.
Id.
We are not persuaded that Grandview Baptist controls here. There
the contractor put up the storage building based on an administrator’s go-
ahead before any hearing could occur. Id. at 706. The church then lost
at the board of adjustment and at every subsequent stage of the
proceedings. Id. The “right of appeal” referred to in Grandview Baptist
Church was the right to appeal an individual’s granting of a permit to the
board of adjustment, not the right to appeal an agency action to the district
court or a district court ruling to the Iowa Supreme Court. See id. at 709.
Iowa Code section 414.11 governs city board of adjustment appeals
and states that an appeal from the city administrative officer to the board
of adjustment
stays all proceedings in furtherance of the action appealed
from, unless the officer from whom the appeal is taken
certifies to the board of adjustment after the notice of appeal
shall have been filed with the officer that by reason of facts
stated in the certificate a stay would in the officer’s opinion
cause imminent peril to life or property.
17
This is different from section 17A.19(5)(a), which provides that an appeal
does not stay administrative action.
Nonetheless, after careful consideration, we do not believe the
present appeal is moot. “The key in assessing whether an appeal is moot
is determining whether the opinion would be of force or effect in the
underlying controversy.” Perkins v. Bd. of Supervisors, 636 N.W.2d 58, 64
(Iowa 2001). We are not persuaded that a decision in this case would lack
force or effect. Although dismantling of the pipeline would not be feasible,
the IUB still has authority to impose other “terms, conditions, and
restrictions” to implement a ruling favorable to the petitioners. Iowa Code
§ 479B.9; see also Standing Rock Sioux Tribe v. U.S. Army Corps of Eng’rs,
301 F. Supp. 3d 50, 61–64 (D.D.C. 2018) (dismissing National Historic
Preservation Act claims as mooted by the construction of the Dakota
Access pipeline, but proceeding to determine other claims on the merits).
V. Public Convenience and Necessity.
Section 479B.9 gives the IUB authority to issue a permit for a
pipeline that “will promote the public convenience and necessity.” Iowa
Code § 479B.9. Chapter 479B begins,
It is the purpose of the general assembly in enacting this
law to grant the utilities board the authority to implement
certain controls over hazardous liquid pipelines to protect
landowners and tenants from environmental or economic
damages which may result from the construction, operation,
or maintenance of a hazardous liquid pipeline or underground
storage facility within the state, to approve the location and
route of hazardous liquid pipelines, and to grant rights of
eminent domain where necessary.
Id. § 479B.1.
Regarding the meaning of “public convenience and necessity,” our
court has held,
18
The words are not synonymous, and effect must be
given both. The word “convenience” is much broader and
more inclusive than the word “necessity.” Most things that
are necessities are also conveniences, but not all conveniences
are necessities. . . . The word “necessity” has been used in a
variety of statutes . . . . It has been generally held to mean
something more nearly akin to convenience than the
definition found in standard dictionaries would indicate. So
it is said the word will be construed to mean not absolute, but
reasonable, necessity.
Thomson v. Iowa State Commerce Comm’n, 235 Iowa 469, 475, 15 N.W.2d
603, 606 (1944) (quoting Wis. Tel. Co. v. R.R. Comm’n, 156 N.W. 614, 617
(Wis. 1916)). In its order, the IUB looked to Thomson for guidance as well
as an Illinois case construing the same phrase, which held,
The word connotes different degrees of necessity. It
sometimes means indispensable; at others, needful, requisite,
or conducive. It is relative rather than absolute. No definition
can be given that would fit all statutes. The meaning must be
ascertained by reference to the context, and to the objects and
purposes of the statute in which it is found.
Wabash, Chester & W. Ry. v. Commerce Comm’n ex rel. Jefferson Sw. R.R.,
141 N.E. 212, 215 (Ill. 1923). The IUB also relied on our decision in S.E.
Iowa Cooperative Electric Association v. Iowa Utilities Board, which
approved the IUB’s use of a balancing test in a related context and its
determination that “the substantial benefits [of the project] outweighed the
costs.” 633 N.W.2d 814, 821 (Iowa 2001).
In our view, the IUB’s balancing approach to public convenience and
necessity should be upheld because it is not “irrational, illogical, or wholly
unjustifiable.” Iowa Code § 17A.19(10)(l). The approach is consistent with
our prior caselaw and is supported by legal authority elsewhere. See Fed.
Power Comm’n v. Transcon. Gas Pipe Line Corp., 365 U.S. 1, 23, 81 S. Ct.
435, 447 (1961) (indicating that “ ‘public convenience and necessity’
connotes a flexible balancing process, in the course of which all the factors
are weighed prior to final determination”).
19
Puntenney, Johnson, and the Sierra Club challenge the IUB’s
determination of public convenience and necessity on several grounds.
First, they urge that the pipeline does not serve the public because
shippers wanted it. But shippers wanted it as a way of reducing
transportation costs. Given that petroleum products are commodities sold
in a competitive market, lower costs for crude oil transportation tend to
keep prices of crude oil derivatives lower than they otherwise would be.
Iowa is a heavy user of petroleum products. Iowa consumes the
equivalent of 85.2 million barrels of oil per year but produces no oil itself.
Iowa is fifth in the country in per capita energy use. Iowa ranks eighth in
the country in per capita gasoline consumption. Iowa’s percentage of gross
domestic product from manufacturing ranks near the top in this country,
and Iowa ranks sixth highest nationally in energy consumption per capita
in its industrial sector. The record indicates that the Dakota Access
pipeline will lead to “longer-term, reduced prices on refined products and
goods and service dependent on crude oil and refined products.” We agree
with the IUB that these are public benefits, even though the pipeline also
provides benefits to the shippers of crude oil. See S.E. Iowa Coop. Elec.,
633 N.W.2d at 820 (stating that “cost savings are a legitimate
consideration”). 2
Next, Puntenney, Johnson, and the Sierra Club contend that drilling
in the Bakken Oil Field has declined, demonstrating a reduced need for
pipeline transportation. But according to the evidence before the IUB,
actual crude oil production from the Bakken Oil Field has only declined
2The Sierra Club makes a forceful environmental argument against the Dakota
Access pipeline. But this environmental argument against the pipeline to a degree
bolsters the economic argument for the pipeline. That is, the Sierra Club criticizes the
pipeline for making it “easier” to bring Bakken Oil Field oil to the market. Another way
of saying “easier” is “cheaper” or “more economical.”
20
about 10%, from approximately 1.2 million barrels per day to
approximately 1.1 million barrels per day. At the time of the hearing, the
demand for the pipeline was still there. As the IUB pointed out, shippers
had executed long-term “take or pay” contracts, committing to pay for
pipeline use whether they shipped oil or not.
Additionally, Puntenney, Johnson, and the Sierra Club maintain
that rail transportation is safer than the pipeline transportation that would
replace it. Various data were presented to the IUB on this issue. However,
the IUB found, and the data support, that on a volume-distance basis (i.e.,
per barrel-mile), pipeline transportation of oil is safer than rail
transportation of oil.
Lastly, Puntenney, Johnson, and the Sierra Club challenge the IUB’s
reliance on secondary economic benefits resulting from the construction
and operation of the pipeline in Iowa. For example, the IUB observed that
the pipeline would result in at least 3100 construction jobs in Iowa, at
least twelve long-term jobs for Iowans, and more than $27 million annually
in property tax revenue. As the Puntenney petitioners point out, Dakota
Access, the IUB, and the district court cited no authority that these types
of benefits can be taken into account in making a public-convenience-and-
necessity determination. Yet the Puntenney petitioners cited no authority
that these benefits cannot be considered. See N. Plains Res. Council v.
Surface Transp. Bd., 668 F.3d 1067, 1094–95 (9th Cir. 2011) (noting that
the Surface Transportation Board considered “new jobs created by the
construction and operation of the new rail line”); Pliura Intervenors v. Ill.
Commerce Comm’n, 942 N.E.2d 576, 585 (Ill. App. Ct. 2010) (considering,
among other things, “increased revenues for local economies” resulting
from a pipeline extension); Accokeek, Mattawoman, Piscataway Creeks
Cmtys. Council, Inc. v. Md. Pub. Serv. Comm’n, 133 A.3d 1228, 1240 (Md.
21
Ct. Spec. App. 2016) (treating “monetary benefits from construction
employment and longer-term tax payments” as benefits relevant to the
public-convenience-and-necessity determination). We are not persuaded
that the IUB acted improperly in factoring these benefits into the public-
convenience-and-necessity determination.
For the foregoing reasons, upon our review of the record, we
conclude the IUB’s legal determinations with respect to public convenience
and necessity were not “[b]ased upon an irrational, illogical, or wholly
unjustifiable application of law” and its factual determinations were
supported by “substantial evidence.” Iowa Code § 17A.19(10)(f), (l).
VI. Statutory Limits on the Exercise of Eminent Domain.
The Lamb petitioners argue that Dakota Access’s exercise of eminent
domain over farmland would violate Iowa Code sections 6A.21 and 6A.22.
Section 6A.21(1)(c) limits the authority to condemn agricultural lands by
defining “public use,” “public purpose,” or “public improvement” in a way
that requires landowner consent. Id. § 6A.21(1)(c). Hence, section
6A.21(1)(c) reads, “ ‘Public use’ or ‘public purpose’ or ‘public improvement’
does not include the authority to condemn agricultural land for private
development purposes unless the owner of the agricultural land consents
to the condemnation.” Id.
But section 6A.21 also carves out exceptions. See id. § 6A.21(2).
One of them is that “[t]his limitation also does not apply to utilities,
persons, companies, or corporations under the jurisdiction of the Iowa
utilities board.” Id.
The Lamb petitioners argue vigorously that Dakota Access is not a
“utility.” That, however, is not the full wording of the exception. We agree
with the IUB and the district court that Dakota Access is a “compan[y] . . .
under the jurisdiction of the [IUB],” id., via the permit process laid out in
22
chapter 479B. Therefore, landowner consent is not required by section
6A.21 prior to condemnation.
The Lamb petitioners urge us to apply the canon of ejusdem generis
to section 6A.21(2). Hence, they ask us to interpret “persons, companies,
or corporations” as related to the immediately preceding word, “utilities.”
Their argument is difficult to follow. If the Lamb petitioners are saying
that the phrase “persons, companies, or corporations” refers to kinds of
utilities, then the word “utilities” would be sufficient by itself and the
remaining language would become unnecessary. That would contravene
an established principle of statutory construction. See id. § 4.4(2) (setting
forth the presumption that “[t]he entire statute is intended to be effective”).
On the other hand, if the Lamb petitioners are saying that the phrase
“persons, companies, or corporations” refers to entities other than utilities
that are nonetheless under the jurisdiction of the IUB, then Dakota Access
seemingly falls in that category.
The IUB also advances an alternative ground for rejecting the Lamb
petitioners’ argument. It notes that section 6A.22(2) authorizes “[t]he
acquisition of any interest in property necessary to the function of . . . a
common carrier.” Id. § 6A.22(2)(a)(2). In the IUB’s view, Dakota Access
qualifies as a common carrier.
There is no dispute that most of the pipeline capacity has been
contracted to shippers in advance; however, 10% is required to be made
available for walk-up business. That is all the Federal Energy Regulatory
Commission requires of a common carrier. See, e.g., Navigator BSG
Transp. & Storage, 152 F.E.R.C. ¶ 61,026, at 61,127 (July 10, 2015); Shell
Pipeline Co., 146 F.E.R.C. ¶ 61,051, at 61,238 (Jan. 29, 2014). The IUB
maintains it is enough here.
23
Based on the record before us, and our own common-carrier
precedents, we agree with the IUB. It would be unrealistic to require a
$4 billion pipeline to depend entirely on walk-up business, just as it would
be unrealistic to require an airline to refuse all advance bookings for a
flight. The key is whether spot shippers have access, and the federal
agency with expertise in the matter has concluded that 10% is sufficient.
We have said that “a common carrier need not serve all the public all the
time.” Wright v. Midwest Old Settlers & Threshers Ass’n, 556 N.W.2d 808,
810 (Iowa 1996) (per curiam). A common carrier may combine “other
vocations” and still be considered a common carrier. Id. at 811. Long ago
we held that a trucker who transported films and advertising for members
who had signed an alleged association agreement was still a common
carrier where he also transported films and advertising for theaters that
had not signed the agreement. State ex rel. Bd. of R.R. Comm’rs v.
Rosenstein, 217 Iowa 985, 989–93, 252 N.W. 251, 254–55 (1934).
Significantly, Dakota Access does not involve a situation where service
“has been limited to those under contract.” State ex rel. Bd. of R.R.
Comm’rs v. Carlson, 217 Iowa 854, 857, 251 N.W. 160, 161 (1933)
(emphasis added). 3
The Lamb petitioners insist that the Dakota Access pipeline is not a
common carrier because it does not serve “the Iowa public.” Yet adding
Mid-American Pipeline Company v. Iowa State Commerce Commission, we said
3In
that a grant of eminent domain authority to a private company to construct a pipeline
exclusively for its own use was “for a strictly private purpose” and “beyond legislative
authority.” 253 Iowa 1143, 1146–47, 114 N.W.2d 622, 624 (1962) (noting that “Northern
intends to handle only its own products by pipe line and is not a common carrier of such
products”). Those are not the facts here. Again, Dakota Access serves a variety of
customers and 10% of pipeline capacity is available on a walk-up basis. See also
Crawford Family Farm P’ship v. TransCanada Keystone Pipeline, L.P., 409 S.W.3d 908,
922–24 (Tex. App. 2013) (determining that a pipeline would be a common carrier because
there was a “reasonable probability” it would ship crude petroleum for one or more
customers who would retain ownership of the oil).
24
the modifier “Iowa” would be a gloss on the statute for which there is no
basis in the statute itself. For these reasons, we find no violation of
sections 6A.21 and 6A.22.
VII. Constitutional Authority for the Exercise of Eminent
Domain.
This brings us to the most significant issue in the case, whether the
use of eminent domain for the Dakota Access pipeline as authorized by
Iowa Code section 479B.16 violates article I, section 18 of the Iowa
Constitution or the Fifth and Fourteenth Amendments to the United States
Constitution.
Section 479B.16 addresses the use of eminent domain for pipelines.
It provides in part,
A pipeline company granted a pipeline permit shall be vested
with the right of eminent domain, to the extent necessary and
as prescribed and approved by the board, not exceeding
seventy-five feet in width for right-of-way and not exceeding
one acre in any one location in addition to right-of-way for the
location of pumps, pressure apparatus, or other stations or
equipment necessary to the proper operation of its pipeline.
Iowa Code § 479B.16.
Article I, section 18, the takings clause in the Iowa Constitution,
states in part,
Private property shall not be taken for public use without just
compensation first being made, or secured to be made to the
owner thereof, as soon as the damages shall be assessed by a
jury, who shall not take into consideration any advantages
that may result to said owner on account of the improvement
for which it is taken.
Iowa Const. art. I, § 18. The Fifth Amendment to the United States
Constitution similarly provides that “private property [shall not] be taken
for public use, without just compensation.” U.S. Const. amend. V.
25
We have said that we consider federal cases interpreting the Federal
Takings Clause “persuasive in our interpretation of the state provision,”
but “not binding.” Kingsway Cathedral v. Iowa Dep’t of Transp., 711
N.W.2d 6, 9 (Iowa 2006); see also Harms v. City of Sibley, 702 N.W.2d 91,
97 (Iowa 2005).
The Lamb petitioners deny that the Dakota Access pipeline furthers
a constitutionally valid public use. They contend that the indirect
economic benefits of an infrastructure project, such as jobs created or tax
revenues generated, cannot be considered in determining public use. They
also contend that an oil pipeline that crosses Iowa but does not pick up or
drop off oil within the state does not constitute a public use. We will
address these arguments in order.
We begin by considering the United States Supreme Court’s
interpretation of the Fifth Amendment in Kelo v. City of New London, 545
U.S. 469, 125 S. Ct. 2655 (2005). In Kelo, the Court addressed the
question of “whether a city’s decision to take property for the purpose of
economic development satisfies the ‘public use’ requirement of the Fifth
Amendment.” Id. at 477, 125 S. Ct. at 2661. There, an economic
development plan was intended to remedy decades of economic decline
that led to the City of New London being designated a “distressed
municipality.” Id. at 473–75, 125 S. Ct. at 2658–60. A majority of the
Court found that the City of New London could compel private
homeowners to turn over their homes to a private developer because the
city’s plan served a “public purpose.” Id. at 484, 125 S. Ct. at 2665. The
Court noted, “For more than a century, our public use jurisprudence has
wisely eschewed rigid formulas and intrusive scrutiny in favor of affording
legislatures broad latitude in determining what public needs justify the
use of the takings power.” Id. at 483, 125 S. Ct. at 2664.
26
Justice O’Connor filed a dissenting opinion in which Chief Justice
Rehnquist and Justices Scalia and Thomas joined. Id. at 494, 125 S. Ct.
at 2671 (O’Connor, J., dissenting). She characterized the majority as
holding
that the sovereign may take private property currently put to
ordinary private use, and give it over for new, ordinary private
use, so long as the new use is predicted to generate some
secondary benefit for the public—such as increased tax
revenue, more jobs, maybe even esthetic pleasure.
Id. at 501, 125 S. Ct. at 2675. In her view, a secondary benefit alone was
not enough for a governmental transfer of property from one private entity
to another to qualify as a taking for a public purpose. Id. She reasoned
that almost any lawful use of private property will generate some
secondary benefit and, thus, if “positive side effects” are sufficient to
classify a transfer from one private party to another as “for public use,”
those constitutional words would not “realistically exclude any takings.”
Id.
Although she did not agree that economic development alone could
justify a taking, Justice O’Connor did acknowledge there were three
categories of legitimate public use:
Our cases have generally identified three categories of
takings that comply with the public use requirement, though
it is in the nature of things that the boundaries between these
categories are not always firm. Two are relatively
straightforward and uncontroversial. First, the sovereign may
transfer private property to public ownership—such as for a
road, a hospital, or a military base. Second, the sovereign may
transfer private property to private parties, often common
carriers, who make the property available for the public’s
use—such as with a railroad, a public utility, or a stadium.
But “public ownership” and “use-by-the-public” are
sometimes too constricting and impractical ways to define the
scope of the Public Use Clause. Thus we have allowed that,
in certain circumstances and to meet certain exigencies,
takings that serve a public purpose also satisfy the
Constitution even if the property is destined for subsequent
private use.
27
Id. at 497–98, 125 S. Ct. at 2673 (citations omitted).
The Kelo decision has proved controversial, not least because the
development that justified the taking of Ms. Kelo’s home never occurred.
See Alberto B. Lopez, Kelo-Style Failings, 72 Ohio St. L.J. 777, 779–80
(2011). Several state supreme courts have held that public use must mean
something more than indirect economic benefits. See, e.g., Sw. Ill. Dev.
Auth. v. Nat’l City Envtl., L.L.C., 768 N.E.2d 1, 10–11 (Ill. 2002); County of
Wayne v. Hathcock, 684 N.W.2d 765, 783 (Mich. 2004); City of Norwood v.
Horney, 853 N.E.2d 1115, 1123 (Ohio 2006); Bd. of Cty. Comm’rs of
Muskogee Cty. v. Lowery, 136 P.3d 639, 647 (Okla. 2006).
Thus, in Southwestern Illinois, the Illinois Supreme Court held that
a regional development authority could not exercise eminent domain to
take a recycling facility’s property and convey it to a private racetrack for
a parking lot. 768 N.E.2d at 4, 11. The court concluded the purported
benefit of positive economic growth in the region was not enough to satisfy
public use as required under the Illinois Constitution. Id. at 10–11. The
court also found shorter lines to enter parking lots and the fact that
pedestrians might be able to cross from parking areas to event areas in a
safer manner unpersuasive as sufficient factors to satisfy the public-use
requirement. Id. at 9.
In Southwestern Illinois, the racetrack estimated the condemned
land, which was to be used for open-field parking, would lead to an
increase of $13 to $14 million in revenue per year. Id. at 10. The Illinois
court recognized that such profit could trickle down and bring revenue
increases to the region. Id. Yet it reasoned, “[R]evenue expansion alone
does not justify an improper and unacceptable expansion of the eminent
domain power of the government.” Id. at 10–11.
28
Similarly, in Hathcock, the Michigan Supreme Court held a private
entity was not entitled to exercise eminent domain to build a business and
technology park. 684 N.W.2d at 783–84. The Michigan court determined
that something beyond economic benefits was required to show public use
under the Michigan Constitution. Id. at 783. The court there relied on its
own jurisprudence and its interpretation of the Michigan constitutional
founders’ intent. Id. at 785–87. The court, tracking O’Connor’s dissent in
Kelo, concluded,
[T]he transfer of condemned property to a private entity, seen
through the eyes of an individual sophisticated in the law at
the time of ratification of our 1963 Constitution, would be
appropriate in one of three contexts: (1) where “public
necessity of the extreme sort” requires collective action;
(2) where the property remains subject to public oversight
after transfer to a private entity; and (3) where the property is
selected because of “facts of independent public significance,”
rather than the interests of the private entity to which the
property is eventually transferred.
Id. at 783. While the Michigan Constitution’s takings clause is not
identical to ours, it resembles ours in prohibiting takings of private
property “for public use without just compensation therefore being first
made.” Mich. Const. art. X, § 2 (1963) (amended in 2006, after Hathcock,
to define “public use” as more than “for the purpose of economic
development or enhancement of tax revenues”).
Adopting Hathcock’s reasoning, the Ohio Supreme Court held that
economic factors could be considered in determining whether property
may be appropriated but could not alone satisfy the public-use
requirement of the Ohio Constitution. Norwood, 853 N.E.2d at 1123. In
Norwood, a struggling city (much like New London in Kelo) entered into a
contract with a private developer to redevelop a neighborhood. Id. at 1124.
The plans called for over 200 apartments and condominiums, over
29
500,000 square feet of office and retail space, and two large public-parking
facilities. Id. at 1124. The city estimated the redeveloped area would bring
in $2 million in annual revenue to the city. Id.
Several property owners, however, refused to sell for the planned
development, and the city therefore tried to exercise eminent domain to
take the properties. Id. at 1124–26. The Ohio Supreme Court declined to
follow the majority opinion in Kelo, stating that the Hathcock opinion and
the dissenting opinions in Kelo were better models for interpreting the Ohio
Constitution. Id. at 1140–41.
Though the Ohio Constitution may bestow on the sovereign a
magnificent power to take private property against the will of
the individual who owns it, it also confers an “inviolable” right
of property on the people. When the state elects to take
private property without the owner’s consent, simple justice
requires that the state proceed with due concern for the
venerable rights it is preempting.
Id. at 1137–38.
Along the same lines, the Oklahoma Supreme Court determined that
economic development alone was not a public purpose to justify the
exercise of eminent domain under the Oklahoma Constitution. See Bd. of
Cty. Comm’rs of Muskogee Cty., 136 P.3d at 647. In Board of County
Commissioners, the city wanted to install three water pipelines, two of
which would serve only a proposed privately-owned electric generation
plant and which would improve and expand existing public service. Id. at
642–43. The private energy company had agreed to build the third public
pipeline only if the company first obtained all rights-of-way to construct
the energy plant and the accompanying first two water pipelines. Id. at
643.
The court reasoned that although one pipeline would serve the
public, the purpose of the takings was for the construction and operation
30
of the privately owned energy company. Id. at 649. Further, the court
said that although the construction of the energy plant would enhance
economic development through taxes, jobs, and investment, those
economic benefits alone would not suffice to satisfy the public use
requirement. Id.
These state constitutional decisions would not necessarily have
disappointed the Kelo majority. The Kelo majority themselves noted that
“nothing in our opinion precludes any State from placing further
restrictions on its exercise of the takings power.” Kelo, 545 U.S. at 489,
125 S. Ct. at 2668 (majority opinion). It added that “many States already
impose ‘public use’ requirements that are stricter than the federal
baseline,” and “[s]ome of these requirements have been established as a
matter of state constitutional law.” Id.
Since Kelo was decided, we have twice quoted from Justice
O’Connor’s dissent. In Clarke County Reservoir Commission v. Robins, we
noted,
Justice O’Connor underscored the constitutional necessity
that any taking be for a “public use” with “just compensation”:
These two limitations serve to protect the security
of Property, which Alexander Hamilton described
to the Philadelphia Convention as one of the great
obj[ects] of Gov[ernment]. Together they ensure
stable property ownership by providing
safeguards against excessive, unpredictable, or
unfair use of the government’s eminent domain
power—particularly against those owners who,
for whatever reasons, may be unable to protect
themselves in the political process against the
majority’s will.
862 N.W.2d 166, 171–72 (Iowa 2015) (alteration in original) (quoting Kelo,
545 U.S. at 496, 124 S. Ct. at 2672 (O’Connor, J., dissenting)). We went
on to state, “The public-use requirement is to prevent abuse of the power
31
for the benefit of private parties.” Id. And in Star Equipment, Ltd. v. State,
we observed,
Four dissenters noted in the context of the Federal Takings
Clause: “We give considerable deference to legislatures’
determinations about what governmental activities will
advantage the public. But were the political branches the sole
arbiters of the public-private distinction, the Public Use
Clause would amount to little more than hortatory fluff.”
843 N.W.2d 446, 459 n.11 (Iowa 2014) (quoting Kelo, 545 U.S. at 497, 125
S. Ct. at 2673).
Like our colleagues in Illinois, Michigan, Ohio, and Oklahoma, we
find that Justice O’Connor’s dissent provides a more sound interpretation
of the public-use requirement. If economic development alone were a valid
public use, then instead of building a pipeline, Dakota Access could
constitutionally condemn Iowa farmland to build a palatial mansion,
which could be defended as a valid public use so long as 3100 workers
were needed to build it, it employed twelve servants, and it accounted for
$27 million in property taxes. 4
Having said that, this case is not that one. Instead, this case falls
into the second category of traditionally valid public uses cited by Justice
O’Connor: a common carrier akin to a railroad or a public utility. See Kelo,
545 U.S. at 498, 125 S. Ct. at 2673. This kind of taking has long been
4In fairness to the Kelo majority, they did not say that any economic development
benefit would meet the public-use test. If the economic benefits of merely building a
project qualified as a public use, then the legislature could empower A to take B’s house
just because A planned to erect something new on the lot. Even the Kelo majority did not
go that far. See Kelo, 545 U.S. at 487, 125 S. Ct. at 2667 (“Such a one-to-one transfer of
property, executed outside the confines of an integrated development plan, is not
presented in this case.”). But as Justice O’Connor noted in dissent, it is problematic to
have a fact-based public-use test that allows economic development benefits to suffice in
some cases, depending on whether the economic development benefit derives from “a
multipart, integrated plan rather than . . . an isolated property transfer.” Id. at 503–04,
125 S. Ct. at 2676.
32
recognized in Iowa as a valid public use, even when the operator is a
private entity and the primary benefit is a reduction in operational costs.
Back in 1870, when our constitution was only thirteen years old,
this court held that a taking for a private railroad was a taking for a public
use within the meaning of article I, section 18. Stewart v. Bd. of
Supervisors, 30 Iowa 9, 19–21 (1870). We said this proposition was
“elementary and unquestionable.” Id. at 21. We quoted with approval “the
leading American case,” where it was written:
The right of eminent domain does not, however, imply a right
in the sovereign power to take the property of one citizen and
transfer it to another, even for a full compensation, where the
public interest will be in no way promoted by such transfer.
But if the public interest can be in any way promoted by the
taking of private property, it must rest in the wisdom of the
legislature, to determine whether the benefit to the public will
be of sufficient importance to render it expedient for them to
exercise the right of eminent domain and to interfere with the
private rights of individuals for that purpose. . . . In all such
cases the object of the legislative power is the public benefit
derived from the contemplated improvement, whether such
improvement is to be effected directly by the agents of the
government, or through the medium of corporate bodies, or of
individual enterprise.
Id. (quoting Beekman v. Saratoga & Schenectady R.R., 3 Paige Ch. 45, 73
(N.Y. Ch. 1831)). More recently, in S.E. Iowa Cooperative Electric
Association, we held that cost savings alone were a sufficient statutory
“public use” to justify the construction of a new electrical transmission
line. 633 N.W.2d at 820. We explained that “the public is served” when
they can “obtain service at a lower cost.” Id. 5
5The 1857 Constitutional Convention turned down language that would have
expressly allowed the use of eminent domain for “private roads.” 1 The Debates of the
Constitutional Convention of the State of Iowa 207 (W. Blair Lord rep., 1857),
www.statelibraryofiowa.org/services/collections/law-library/iaconst. A private road,
though, was defined by a member of the convention as “a way leading from a public
highway to a person’s dwelling for his convenience merely.” Id. That is not analogous to
the Dakota Access pipeline. Notably, our legislature has long given private property
owners the ability to use eminent domain to connect their land-locked lands to existing
33
In sum, because we do not follow the Kelo majority under the Iowa
Constitution, we find that trickle-down benefits of economic development
are not enough to constitute a public use. To the extent that Dakota
Access is relying on the alleged economic development benefits of building
and operating the pipeline, we are unmoved. But here there is more. While
the pipeline is undeniably intended to return profits to its owners, the
record indicates that it also provides public benefits in the form of cheaper
and safer transportation of oil, which in a competitive marketplace results
in lower prices for petroleum products. As already discussed, the pipeline
is a common carrier with the potential to benefit all consumers of
petroleum products, including three million Iowans.
The Lamb petitioners assert that even these benefits are not enough,
because no Iowa business or consumer will actually use the pipeline to
deliver or receive crude oil. This approach is too formalistic. Iowa has
some of the most advanced and productive farming in the world. But our
economy, including our agricultural economy, depends on other states to
produce crude oil and refine that crude oil into petroleum products. If our
consideration of public use were limited as the Lamb petitioners propose,
it would be very difficult ever to build a pipeline across Iowa carrying any
product that isn’t produced in Iowa. Yet Iowa is crisscrossed with
pipelines. 6
In Enbridge Energy (Illinois), L.L.C. v. Kuerth, the Illinois Appellate
Court took a more nuanced view, which we find persuasive. 99 N.E.3d
public roads so long as the resulting road is open to the public, see Iowa Code § 6A.4(2),
and we have upheld the constitutionality of that legislation. See In re Luloff, 512 N.W.2d
267, 273–74 (Iowa 1994).
6As we have previously noted, the Dakota Access pipeline is intended to replace
transportation of crude oil through Iowa by rail. If those railroads are a valid public use,
then why would a pipeline not be a public use when it serves the same function?
34
210, 218 (Ill. App. Ct. 2018). There the court rejected an appeal by certain
landowners and upheld a grant of eminent domain authority for an oil
pipeline project. Id. at 213–14, 218. The court reasoned, “The
fundamental flaw of landowners’ argument is that they focus entirely upon
who uses the pipeline rather than who benefits from it.” Id. at 218. The
court added,
Oil, natural gas, and other energy sources are essential to
modern American life and must be transported from
production facilities to refineries and ultimately to consumers.
Pipelines are necessary for this transportation and are often
safer and more efficient than transportation by train or truck.
Id. Further, the court noted, “[T]he public use requirement can still be
met even if the public does not have the right to enter or use the
condemned property.” Id. The court went on,
In this case, despite landowners’ arguments to the
contrary, the trial court was not required to examine who
would be using the pipeline, the extent of any particular
company’s use of the pipeline, whether those companies were
part of the public, or who would financially benefit from the
proposed pipeline. This is because the legislature has
determined that pipelines are in the public interest and that
it is efficient for private companies, rather than the
government, to construct and maintain these pipelines. . . .
....
[T]he only evidence landowners presented was evidence
showing that private companies would own and benefit from
a proposed pipeline. However, as we emphasize again, who
owns or benefits from a proposed pipeline is not relevant
evidence to rebut the applicable presumptions. Because
landowners did not introduce any relevant evidence to show
that the public, in the aggregate, would not be the primary
beneficiary of the pipeline, they utterly failed to meet their
burden to rebut the presumptions of public use and necessity.
Id. at 220–21 (citations omitted).
This reasoning applies here. The record indicates that the Dakota
Access pipeline will lead to “longer-term, reduced prices on refined
35
products and goods and service dependent on crude oil and refined
products.”
In a similar vein, the Ohio Court of Appeals confronted and then
ultimately rejected the following argument from a landowner:
She claims the pipeline has no “off ramps” in Ohio, which
means 100% of the product will be shipped and consumed
outside of Ohio. Ohio will only get an economic benefit, which
is insufficient to satisfy public use. Furthermore, there is no
indication the propane or butane shipped to Marcus Hook will
come back to Ohio for heating or gasoline use. Appellant
asserts the benefit to Appellee, a private company, is certain
while the benefit to Ohio is speculative. Appellant also argues
the intended purpose of allowing private companies to
appropriate land when they are a common carrier was to build
intrastate energy infrastructure, not to authorize the building
of interstate infrastructure or interstate transportation of
Ohio’s resources.
Sunoco Pipeline L.P. v. Teter, 63 N.E.3d 160, 171–72 (Ohio Ct. App. 2016).
Notwithstanding Norwood, the court found this argument unpersuasive.
Id. at 172–73. It reasoned,
Appellee is a common carrier, not a megastore or a private
enterprise that would only be providing economic benefit to
Ohio. The reason the General Assembly gave common carriers
a rebuttable presumption is because common carriers, as
defined by statute, provide our citizens with necessities such
as electricity and water. The products, propane and butane,
being transported are used to heat homes and as an additive
to gasoline. Propane and butane are also used in the
production of many products our society uses every day.
Thus, the transportation of propane and butane provides
more than economic benefit to Ohio, it provides some of the
necessities of life.
Id. at 173–74. Oil is, if anything, more of a necessity than the
hydrocarbons that were involved in Sunoco Pipeline.
The Lamb petitioners rely on Mountain Valley Pipeline, LLC v.
McCurdy, 793 S.E.2d 850 (W. Va. 2016). There a company sought to build
a natural gas pipeline to carry almost exclusively natural gas produced by
its own affiliates from West Virginia to a terminus in Virginia. Id. at 852.
36
The West Virginia Supreme Court found that this was not a public use
within the meaning of a West Virginia statute. Id. at 855, 862–63. The
court explained,
MVP has been unable to identify even a single West Virginia
consumer, or a West Virginia natural gas producer who is not
affiliated with MVP, who will derive a benefit from MVP’s
pipeline. . . . MVP is a private company seeking to survey
property for the ultimate purpose of exercising the right of
eminent domain. . . . In fact, the only benefit to West Virginia
that has been asserted by MVP in this appeal is the benefit to
producers and shippers of the natural gas that is located in
West Virginia. Significantly, however, the owners of that
natural gas are affiliates of MVP.
Id. at 860–61 (footnotes omitted).
The Mountain Valley Pipeline court cited Bluegrass Pipeline
Company, LLC v. Kentuckians United to Restrain Eminent Domain, Inc. 478
S.W.3d 386 (Ky. Ct. App. 2015). 793 S.E.2d at 862. In Bluegrass Pipeline,
the Kentucky Court of Appeals concluded that a pipeline transporting
natural gas liquids through Kentucky on the way to the Gulf of Mexico was
not in “public service” and could not exercise eminent domain. 478 S.W.3d
at 388, 391–92. Among other things, the court took note that
the NGLs in Bluegrass’s pipeline are being transported to a
facility in the Gulf of Mexico. If these NGLs are not reaching
Kentucky consumers, then Bluegrass and its pipeline cannot
be said to be in the public service of Kentucky.
Id. at 392.
These cases can be distinguished. The West Virginia case involved
a private pipeline, not a common carrier. See Mountain Valley Pipeline,
793 S.E.2d at 860–61. The Kentucky case turned in part on the court’s
view that “the legislature only intended to delegate the state’s power of
eminent domain to those pipeline companies that are, or will be, regulated
by the [Kentucky Public Service Commission].” Bluegrass Pipeline Co., 478
S.W.3d at 392. But more importantly, we have a different view of “public
37
use” under the Iowa Constitution. We do not believe a common carrier of
a raw material that is essential to Iowa’s economy but isn’t produced or
processed in Iowa is prohibited from exercising eminent domain when so
authorized by the general assembly. The public use concept is not that
restrictive. See Transcon. Gas Pipe Line Corp. v. Calco Enters., 511 S.E.2d
671, 676 (N.C. Ct. App. 1999) (“The concept is flexible and adaptable to
changes in society and governmental duty.”). The Iowa Constitution does
not hang on the presence of spigots and on-ramps.
Accordingly, we hold that there was no violation of article I, section
18 of the Iowa Constitution. For the reasons already stated, we also find
no Fifth Amendment violation. We recognize that a serious and warranted
concern about climate change underlies some of the opposition to the
Dakota Access pipeline. Maybe, as a matter of policy, a broad-based
carbon tax that forced all players in the marketplace to bear the true cost
of their carbon emissions should be imposed. The revenues from this
broad-based tax could be used to offset other taxes. But policy making is
not our function, and as a legal matter we are satisfied that the Dakota
Access pipeline meets the characteristics of a public use under the Iowa
and United States Constitutions.
VIII. Puntenney’s and Johnson’s Individual Claims.
Puntenney lives in Boone and owns farmland in Webster County,
which is used for growing soybeans and corn. Before the IUB, Puntenney
submitted a map showing that the pipeline route was going to cut through
the very southwest corner of his property and that it could be rerouted,
without becoming any less “straight,” so as not to go through his property.
Puntenney contends the pipeline should have been rerouted around his
property, especially in light of his plans to install wind turbines.
38
The record shows that the pipeline generally runs on a straight line
from northwest Iowa to southeast Iowa but is not entirely straight because
of the software employed by Dakota Access to account for environmental
features (such as critical habitat, fault lines, state parks, national forests,
and historic sites), engineering considerations (such as existing pipelines
and power lines), and land use considerations (such as homes, other
buildings, dams, airports, cemeteries, and schools).
Puntenney contends that by not requiring Dakota Access to go
around his property, the IUB violated Iowa Code section 479B.1, which
only confers “rights of eminent domain where necessary.” (Emphasis
added). According to Puntenney, it was not necessary for the pipeline to
traverse his property.
We do not read the statute that way. Obviously, with a pipeline that
bisects the entire state, it is never going to be strictly “necessary” for that
pipeline to cut across any particular landowner’s property. Diversions will
always be possible. In our view, the demands of this statute are met if the
pipeline company demonstrates that the pipeline requires the exercise of
eminent domain and demonstrates why the particular route it has
proposed is superior. Both criteria were met here. See Green v. Wilderness
Ridge, L.L.C., 777 N.W.2d 699, 704 (Iowa 2010) (deciding in a private
condemnation action that the legislature intended a flexible approach and
that “it is unlikely that the legislature intended to mandate that the land
to be condemned must always be the shortest route”).
Puntenney also contends the IUB acted arbitrarily in not relocating
the proposed pipeline to accommodate his plans to install wind turbines,
even as it directed a rerouting for the benefit of a turkey farmer. But the
IUB explained why. The turkey farmer was further along. He was talking
turkey about putting up new buildings. Puntenney, on the other hand,
39
had merely conceived the idea of installing wind turbines and had no
specific plan. Moreover, the record did not show that the pipeline would
interfere with any later plans to erect wind turbines, especially when it
only ran under the very southwest corner of Puntenney’s property. 7
Lastly, Puntenney contends that he was not allowed to testify to his
concerns about the impact of the pipeline on his drainage tile. However,
Puntenney was allowed to file written objections that detailed his tiling
concerns. He was also asked specifically about tiling in his live testimony.
And he was asked open-ended questions in his live testimony. For
example, the chairperson of the IUB asked Puntenney, “Can you tell the
Board exactly what you’re looking for in terms of relief beyond moving the
pipeline off of your property?” Puntenney did not request the chance to
testify further.
Johnson is a corn and soybean farmer in Boone County, who like
Puntenney sought the rerouting of the pipeline to avoid his property.
Johnson said he feared the pipeline would destroy the drainage tile and
concrete pipe he had installed on his land. The IUB did not order
rerouting, but it did grant relief to Johnson: it directed Dakota Access to
install the pipeline below Johnson’s entire drainage system, including the
twenty-four-inch concrete main that was already buried up to twenty-two
feet deep. A Dakota Access witness explained that it would not be feasible
to divert the line as Johnson had requested because in the area of
proposed diversion there were a forest, a creek, and a county drain line.
Dakota Access would have to cut out trees, cross a creek, and encumber
another drain line. The IUB concluded, “[T]here appears to be no
7Puntenney also compares his situation to that of another landowner who was
granted relief. But that landowner was only granted partial relief. Dakota Access was
directed to negotiate with that landowner to avoid one parcel that it had conceded it could
avoid and to relocate the route over three other parcels (without avoiding them entirely).
40
reasonable alternative to granting eminent domain along the route
proposed by Dakota Access and boring under the 24-inch main appears
to be the least intrusive alternative.” This finding is supported by
substantial evidence.
IX. Conclusion.
For the foregoing reasons, we affirm the judgment of the district
court.
AFFIRMED.
All justices concur except Wiggins, J., who concurs in part and
dissents in part, joined by Appel, J., and McDonald, J., who dissents.
41
#17–0423, Puntenney v. IUB
WIGGINS, Justice (concurring in part and dissenting in part).
I dissent from the majority’s conclusion that the use of eminent
domain does not violate the Iowa Constitution. I agree with the majority
that incidental economic benefits alone are not enough for a taking to
qualify as “for public use” under article I, section 18. However, I disagree
that the Dakota Access pipeline fits within the “common carrier exception”
for purposes of the Iowa Constitution. I also find fault in Dakota Access’s
use of eminent domain because it is unrelated to the purpose of the
applicable eminent-domain-authorizing statute.
One way a taking complies with article I, section 18’s public use
requirement is where “the sovereign . . . transfer[s] private property to
private parties, often common carries, who make the property available for
the public’s use.” Kelo v. City of New London, 545 U.S. 469, 497–98, 125
S. Ct. 2655, 2673 (2005) (O’Connor, J., dissenting). Inherent in this “use-
by-the-public” method of compliance is that the condemning sovereign’s
public be able to use the taken property. Various courts have recognized
that
[t]he sovereign’s power of eminent domain, whether exercised
by it or delegated to another, is limited to the sphere of its
control and within the jurisdiction of the sovereign. A state’s
power exists only within its territorial limits for the use and
benefit of the people within the state. Thus, property in one
state cannot be condemned for the sole purpose of serving a
public use in another state.
Mountain Valley Pipeline, LLC v. McCurdy, 793 S.E.2d 850, 862 (W. Va.
2016) (quoting Clark v. Gulf Power Co., 198 So. 2d 368, 371 (Fla. Dist. Ct.
App. 1967)); accord, e.g., Adams v. Greenwich Water Co., 83 A.2d 177, 182
(Conn. 1951) (noting “no state is permitted to exercise or authorize the
exercise of the power of eminent domain except for a public use within its
42
own borders” and collecting cases); Square Butte Elec. Coop. v. Hilken, 244
N.W.2d 519, 525 (N.D. 1976) (“[A]lthough other states may also be
benefited, the public in the state which authorizes the taking must derive
a substantial and direct benefit . . . , something greater than an indirect
advantage . . . .”); see Gralapp v. Miss. Power Co., 194 So. 2d 527, 531 (Ala.
1967).
Recently, other states have relied on that principle when considering
whether a pipeline running across the state constituted a public use. See
Mountain Valley Pipeline, 793 S.E.2d at 860–62 (West Virginia high court
finding a natural gas pipeline was not for a public use because West
Virginians could not use and did not directly benefit from the pipeline or
the natural gas it was to transport); see also Bluegrass Pipeline Co. v.
Kentuckians United to Restrain Eminent Domain, Inc., 478 S.W.3d 386, 392
(Ky. Ct. App. 2015) (finding pipeline was not “in the public service of
Kentucky” because the product in the pipeline was being transported to a
facility in the Gulf of Mexico and not reaching Kentucky consumers); cf. In
re Condemnation by Sunoco Pipeline, L.P., 143 A.3d 1000, 1019 (Pa.
Commw. Ct. 2016) (upholding finding of public benefit of pipeline because
the intrastate pipeline would enhance delivery options for natural gas and
liquids in Pennsylvania).
Additionally, I would find Dakota Access’s takings do not qualify as
“for public use” because the primary purposes of the takings and their
incidental economic and public safety benefits are unrelated to the
purpose of the statute authorizing the use of eminent domain.
In this case, the statute authorizing the use of eminent domain is
not Iowa Code chapter 6A but rather chapter 479B. The purpose of
chapter 479B is “to protect landowners and tenants from environmental
or economic damages which may result from the construction, operation,
43
or maintenance of a hazardous liquid pipeline.” Iowa Code § 479B.1
(2016).
The primary purported purposes of Dakota Access’s pipeline are
(1) so a private business can build a private pipeline to “transport crude
oil from sources in North Dakota to a hub in Illinois” and (2) to answer the
oil industry’s desire for a pipeline. However, the purpose of chapter 479B
is neither to facilitate private transportation of crude oil (or other
hazardous liquids) nor to acquiesce to a particular industry’s desire for a
particular method of transporting its product. Thus, the primary
purported purposes of the pipeline are unrelated to the purpose of
exercising eminent domain as contemplated in chapter 479B.
Likewise, the Iowa Utility Board’s (IUB) finding that the pipeline
promotes public safety does not correspond with the purpose of chapter
479B. The IUB found the pipeline promotes public safety because the risk
of an oil spill is lower when the oil is transported by pipeline than when it
is transported by rail. But the public safety purpose of chapter 479B is
not to lower the risk of damages resulting from the transportation of oil
generally. It is to protect against damages resulting “from the
construction, operation, or maintenance” of an oil pipeline. Id.
In sum, I conclude the Dakota Access pipeline does not fit within
the common carrier exception for purposes of the Iowa Constitution
because the Iowa public cannot use and does not derive a direct benefit
from it. Further, even taking into account the purported incidental and
secondary benefits to Iowans, the use of eminent domain in this case does
not accord with the purpose for which eminent domain may be exercised
as stated in the pertinent statute authorizing the use of eminent domain.
I would hold the Dakota Access’s takings violate article I, section 18 of the
Iowa Constitution.
Appel, J., joins this concurrence in part and dissent in part.
44
#17–0423, Puntenney v. IUB
McDONALD, Justice (dissenting).
The Iowa Utilities Board (IUB) approved construction of the pipeline.
The IUB authorized Dakota Access to use the eminent domain power to
condemn easements. Dakota Access exercised the eminent domain power
as granted. The appellants accepted the condemnation awards. Dakota
Access built the pipeline. Oil is flowing through the pipeline. No further
relief is available. What’s done, is done. The case is moot.
The leading case is Welton v. Iowa State Highway Commission, 208
Iowa 1401, 227 N.W. 332 (1929). In Welton, we concluded a challenge to
the construction of a highway was moot when construction was completed:
[S]ubsequent to the decision of the district court in this case,
and in the absence of an order staying appellees’ actions, the
road in controversy was established . . . [. T]he appellant has
perfected an appeal to the district court of Mahaska county,
from the award of the condemnation commissioners, as to the
amount of his damages . . . . [D]uring the pendency of the
appeal, the defendant did not obtain a restraining order from
this court . . . .
It is apparent from the uncontroverted affidavit that the
orchard has been taken for highway purposes and the paving
laid. No order which we can now make can preserve to
appellant his orchard.
Id. at 1402–03, 227 N.W. at 333.
Similarly, in Porter v. Board of Supervisors, we concluded the
completion of a drainage ditch was an established fact that precluded
relief:
We call attention also to the fact . . . that the construction
ha[s] already taken place and that the canal or ditch [i]s in
operation. There was no stay of proceedings nor application
in this court for an order to stay construction. Under these
circumstances the construction of the ditch became an
established fact before the case was submitted to us for
decision.
45
238 Iowa 1399, 1404, 228 N.W.2d 841, 844 (1947).
As in Welton and Porter, the construction and operation of the
pipeline is an established fact—what’s done cannot be undone. The
appellants previously conceded their claims were moot once the pipeline
was completed and placed into service. In the district court, the appellants
sought a stay. In support of their application for stay, the appellants
conceded “if they d[id] not receive a stay before [Dakota Access’s] pipeline
trench [wa]s dug, any remedy w[ould] be inadequate.” The district court
denied the application for stay. The appellants did not seek interlocutory
appeal, did not seek a stay from this court, and did not seek to expedite
the appeal. In the meantime, the “trench [was] actually dug.”
The completion of the pipeline and the appellants’ acceptance of the
condemnation awards are established facts that render their claim moot.
See Campbell-Ewald Co. v. Gomez, 577 U.S. ___, ___, 136 S. Ct. 663, 669
(2016) (“If an intervening circumstance deprives the plaintiff of a ‘personal
stake in the outcome of the lawsuit,’ at any point during litigation, the
action can no longer proceed and must be dismissed as moot.” (quoting
Genesis Healthcare Corp. v. Symczyk, 569 U.S. 66, 72, 133 S. Ct. 1523,
1528 (2013))); Standing Rock Sioux Tribe v. U.S. Army Corps of Eng’rs, 301
F. Supp. 3d 50, 63 (D.D.C. 2018) (“The specter of mootness raised in
Standing Rock’s earlier filings has now come to pass—construction is
complete and oil is flowing through the pipeline.”); Gunnar v. Town of
Montezuma, 228 Iowa 581, 584, 293 N.W. 1, 3 (1940) (stating a case is
moot if “the threatened action has become an accomplished fact”). For
these reasons, I would dismiss the appeal.
|
Simvastatin effects on a human lung carcinoma and cholesterol homeostasis of host and non-host mice.
In order to investigate the effect of a competitive inhibitor of the HMG-CoA reductase on tumor growth and cholesterol homeostasis of host and non-host mice, we maintained a human lung mucoepidermoid carcinoma (HLMC) in nude mice, treating these animals with Simvastatin for 33 days. The drug increased the total activity of hepatic HMG-CoA reductase without affecting the cholesterolemia. Non-treated host animals presented lower serum, tissue and microsomal hepatic cholesterol than non-host animals. These differences disappeared when animals were treated with Simvastatin, though the induction of the reductase activity at mid-dark was higher in non-host than in host animals. Simvastatin produced no significant effects on both final tumor volume and body weight. Synthesis and cholesterol homeostasis restoration induced by liver and tumoral reductase would account for no effect on the HLMC growth after a long treatment with Simvastatin.
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As enrollment picks up on the HealthCare.gov website, many people with modest incomes are encountering a troubling element of the federal health law: deductibles so steep they may not be able to afford the portion of medical expenses that insurance doesn't cover.
The average individual deductible for what is called a bronze plan on the exchange—the lowest-priced coverage—is $5,081 a year, according to a new report on insurance...
|
Primer Equipo
NASRI: "BUSCABA UN SITIO PARA SENTIRME QUERIDO Y DAR MI MEJOR NIVEL"
El galo afirma que su club "intentó hasta el último momento que me quedara, pero tenía claro que quería salir"
Samir Nasri protagonizó la última rueda de prensa de presentación del recién finalizado mercado estival. El francés reconocía que "estoy bien, porque de hecho jugué la pasada jornada con el Manchester City. Tengo mucha ilusión y espero hacerlo lo mejor posible". Cuestionado por un medio de su país, afirmó que ahora sólo está centrado en su nuevo club: "No me interesa la selección francesa. Dejé de ir en 2013 y ahora mismo sólo me importa el Sevilla FC".
Lo pasó mal en la última temporada y eso también le ha servido para crecer como persona: "El año pasado fue difícil para mí, tanto dentro como fuera del terreno de juego. El tiempo que estuve lesionado me sirvió para recapacitar y reflexionar y vengo a hacerlo bien. He aprendido mucho en el último año".
Además, dejó claro que el City intentó hasta última hora que no saliera, pero su decisión ya estaba tomada: "Guardiola hasta el último momento ha intentado que me quedara, pero tenía claro que quería salir e ir a un sitio donde pudiera dar mi mejor nivel. Buscaba un club familiar y en el Sevilla encontraba todo eso, pero hasta el último momento no he podido salir".
|
NATO Ambassador Kay Bailey Hutchison says President Trump will "encourage" Russian President Vladimir Putin to change his country's "malign" behaviors during the two leaders' upcoming summit in Finland this month. Her comments come as Mr. Trump prepares for the annual NATO meeting in Brussels this week where he is expected to ramp up pressure on allied partners to spend more on defense budgets.
"I think the president will encourage Vladimir Putin to start changing their behavior to be -- we'd like for Russia to be an ally, a trading partner. But right now, we have sanctions against Russia because of their malign influence and the things they're doing that are very disruptive -- trying to divide our alliance," Hutchison told "Face the Nation" on Sunday.
Hutchison, a former senator, said Russia continues to "sow discontent and even false information" over social media in an attempt to divide allied nations. But she said NATO should continue to talk to Russia to "try to bring them in the tent instead of just constantly seeing them do these things that are attempting to disrupt us."
Hutchison said the U.S. would continue to "stand behind" the Ukrainian people when asked about Mr. Trump's recent comments about the Russian annexation of Crimea.
"I think that our alliance is very solid and including all of the efforts that the United States is making to shore up the sovereignty of the Ukraine. The Ukraine people -- they stood very tall in their really peaceful revolution, is what it was at Maidan. They have stood strong for their sovereignty and their right of self-governance. And we are standing behind them on that. And there is no -- there's no light between any of our allies on that very important issue," said Hutchison.
She added, "There are so many areas where they are working against the interests of freedom and democracies and peace in the world. And it's a big part of our deterrence effort to keep them from taking over sovereign nations as they did in the Ukraine when they took Crimea in 2014."
|
Introduction {#s1}
============
In 1958 Sutherland and Rall reported the structure of a second messenger, cyclic 3',5'-adenosine monophosphate (cAMP) which was generated upon incubation of a liver extract with the first messengers epinephrine or glucagon ([@bib49]). Since then cAMP has been demonstrated to be a universal second messenger translating a variety of extracellular stimuli into a uniform intracellular chemical signal. The enzymes responsible for biosynthesis of cAMP from ATP, adenylate cyclases (ACs), have been biochemically and genetically identified in most bacterial and eukaryotic cells ([@bib25]; [@bib29]; [@bib30]). To date, sequencing has identified six classes of ACs. The small-sized class I (enterobacterial ACs), class II (toxin class) and the minor classes IV-VI are restricted to bacteria ([@bib3]; [@bib29]). The class III ACs are ubiquitous, albeit with differing domain architectures ([@bib30]). The catalytic domains share sequence and structural similarities, yet minor, characteristic sequence peculiarities have resulted in a division into four subclasses, a-d ([@bib30]; [@bib50]; [@bib51]). A fundamental difference between bacterial and eukaryotic ACs is that the former are monomers which require homodimerization for activity. The mammalian congeners, exclusively class IIIa, present themselves as pseudoheterodimers composed of two concatenated 'bacterial' monomers with slightly diverged, yet complementary domains ([@bib15]). Accordingly, mammalian class III ACs are anchored to the membrane by two putative 6TM bundles, one in each of the concatenated repeats. Our knowledge about regulation of bacterial class III ACs is limited. Apart from a few soluble ACs which appear to be regulated by carbon dioxide or pH near to nothing is known ([@bib26]; [@bib48]; [@bib51]). The established regulation of the nine mammalian, membrane-delimited AC isoforms is indirect. Stimulation of G-protein-coupled receptors (GPCRs) by extracellular ligands releases Gsα intracellularly which binds to ACs and activates. A potentially direct ligand-regulation of class III ACs via their large membrane anchors remains a genuine possibility.
The 6TM membrane anchors of bacterial ACs are obviously structural analogs of the 6TM bundles in mammalian ACs. In the past, we replaced the membrane anchor of the mycobacterial AC Rv3645 by the *E. coli* chemotaxis receptors for serine, Tsr, and aspartate, Tar ([@bib22]). Tsr/Tar and Rv3645 have a signal-transducing HAMP domain in common and both require dimerization. The chimeras were regulated *in vitro* and *in vivo* by serine or aspartate ([@bib22]; [@bib33]; [@bib55]), i.e. a 2TM receptor, Tsr or Tar, with an extensive periplasmic ligand-binding domain replaced a 6TM AC membrane anchor which lacks periplasmic loops. The data demonstrated that in principle direct regulation of a class III AC via an extracellular ligand is a possibility. The question whether also a 6TM receptor might directly regulate a 6TM AC remained open. This question is addressed here.
Membrane anchors with 6TMs are present in many proteins. Often they have short transmembrane-spanning α-helices and short connecting loops, e.g. in bacterial and mammalian ACs ([@bib28]; [@bib29]), in the cytochrome subunits of succinate dehydrogenases and fumarate reductases ([@bib18]; [@bib57]), ABC transporters ([@bib6]), in bacterial HdeD proteins ([@bib32]), **s**ix **t**ransmembrane **e**pithelial **a**ntigen of the **p**rostate (STEAP, [@bib27]), or quorum-sensing (QS) receptors from *Vibrio* and *Legionella* which have His-kinases as cytosolic effectors ([@bib35]). For the latter lipophilic ligands have been identified ([@bib36]; [@bib37]). This has opened the opportunity to replace the 6TM anchor of the mycobacterial class IIIa AC Rv1625c which is considered to be an ancestral form of mammalian ACs ([@bib15]), by the prototypically identical 6TM QS-receptor CqsS from *V. harveyi* ([Figure 1](#fig1){ref-type="fig"}). Here, as a proof of principle, we demonstrate that a 6TM receptor not only substitutes a membrane-anchoring function, but also confers direct regulation of a class IIIa AC via an extracellular ligand with nanomolar potency. Taken together with a bioinformatic analysis the data indicate that the 6TM AC membrane anchors probably have an additional receptor function. This is a first and decisive step to add a novel dimension of direct regulation of class IIIa AC activities.10.7554/eLife.13098.003Figure 1.Two-dimensional models of the canonical class IIIa adenylate cyclase Rv1625c from *M. tuberculosis* (left) and the quorum-sensing receptor from *V. harveyi* (right) in the membrane.Both proteins require dimerization to be catalytically active. The alignment below covers the amino acid sequences at the exit of TM6 of both proteins. The most efficient functional linkage of the CqsS receptor to the catalytic domain of Rv1625c is indicated by an arrow. The H-Box of the histidine-kinase domain is underlined. The numbering for CqsS and Rv1625c is indicated above and below the respective sequences.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.003](10.7554/eLife.13098.003)
Results {#s2}
=======
The quorum-sensing receptor CqsS from *V. harveyi* regulates the class IIIa AC Rv1625c {#s2-1}
--------------------------------------------------------------------------------------
Many bacterial and the nine membrane-bound mammalian class IIIa ACs possess 6TM modules as membrane anchors ([@bib15]; [@bib29]; [@bib30]). They comprise \>40% of the proteins. A function of these membrane domains beyond fixation in the membrane is unknown. Recently we became aware of the QS-receptors from *Vibrio* and *Legionella*, CqsS and LqsS, which feature a membrane anchor of an essentially identical design as the aforementioned ACs, i.e. minimal-length α-helices and short connecting linkers which presumably severely restrict conformational possibilities (see [Figure 1](#fig1){ref-type="fig"} for a 2D representation; [@bib37]; [@bib52]). For both QS-receptors highly lipophilic ligands have been identified such as CAI-1, the ***C****holerae* **A**uto**I**nducer**-1**, (S)-3-hydroxy-tridecan-4-one and LAI-1, the ***L****egionella* **A**uto**I**nducer**-1**, (S)-3-hydroxy-pentadecan-4-one ([@bib37]; [@bib47]). The QS-receptors from *Vibrio* and *Legionella* are homodimers linked to histidine-kinases as cytosolic effector domains ([@bib35]). This is comparable to bacterial class III ACs which are homodimers ([@bib29]). These superficial observations suggested that by swapping the membrane anchor/receptor between a 6TM AC and CqsS from *Vibrio* one might generate a 6TM AC which is regulated by the QS-ligand CAI-1. We chose the mycobacterial class IIIa AC Rv1625c for this investigation because of its similarity to the mammalian congeners ([@bib15]) and the QS-receptor from *V. harveyi*.
The success of generating a functionally productive chimera between the AC and the QS-receptor hinges on the precondition that a suitable point of transition between both proteins can be found which allows signal propagation from the CqsS receptor to the AC effector. The cytosolic aa sequences exiting from the respective last TMs have no conspicuous complementarity which would indicate a self-evident point of connection ([Figure 1](#fig1){ref-type="fig"}). Therefore, 15 different points of connection between the CqsS receptor and the catalytic domain of Rv1625c were probed. The first points of transition tested were the arginine residues present at the cytosolic membrane exit in both proteins ([Figure 1](#fig1){ref-type="fig"}). The chimera CqsS~1-168~Rv1625c~203-443~ was active (16.2 nmol cAMP·mg^-1^·min^-1^), but unregulated. The basal AC activity of this chimera was comparable to that of the membrane-bound Rv1625c holoenzyme ([@bib15]), i.e. generally the two disparate domains were functionally fully compatible with each other. In the cyanobacterial class IIIa AC CyaG from *Arthrospira platensis* a distinct N-terminal domain that starts with RSEELL, was required for a functional interaction with the chemotaxis receptor Tsr ([@bib55]). A comparison between CyaG and Rv1625c AC sequences revealed a similar domain in Rv1625c beginning with RSEALL ([Figure 1](#fig1){ref-type="fig"}). Hence, for the Rv1625c AC this point of transition to CqsS was chosen. In the CqsS His-kinase the auto-phosphorylated histidine is part of the canonical H-box (underlined in [Figure 1](#fig1){ref-type="fig"}; [@bib14]). However, several chimeras of CqsS and Rv1625c linked in this region were unaffected by CAI-1. With transition points closer to the membrane exit of the CqsS receptor, e.g. at Val172, Ala181 or Gly185, AC activities were reproducibly stimulated by CAI-1 (not shown). For further experiments we linked Ala181 of the QS-receptor to Arg218 of the Rv1625c AC, generating CqsS~1-181~-Rv1625c~218-443~ (abbreviated CqsS-Rv1625c; [Figure 1](#fig1){ref-type="fig"}) because it responded maximally. The chimera CqsS-Rv1625c was stimulated by 85% with 10 µM CAI-1 ([Figure 2](#fig2){ref-type="fig"}). The response was concentration-dependent and the EC~50~ concentration for CAI-1 was 400 nM ([Figure 2](#fig2){ref-type="fig"}). Discrimination between CAI-1 with a C9 and LAI-1 with a C11 lipid tail was absent. In both cases maximal stimulation at 10 µM CAI-1 and the EC~50~ concentrations were identical ([Figure 2](#fig2){ref-type="fig"}). These parameters perfectly matched the concentrations of 400 nM required to observe phenotypic responses from the CqsS-His-kinase in *V. cholerae* ([@bib36]).10.7554/eLife.13098.004Figure 2.Stimulation of the chimera CqsS~1-181~-Rv1625c~218-443~ by the QS-ligands CAI-1 or LAI-1.Basal activity was 5.5 nmol cAMP·mg^-1^·min^-1^. The EC~50~ concentrations were 400 nM. Filled squares, CAI-1 (n = 5--12; ± S.E.M.); open squares, LAI-1 (n= 1--2). CAI-1 stimulations were significant starting at 100 nM ligand. The insert shows a Western blot of the expression product with MW standards indicated at the side. The structure of the ligands is depicted at right. The catalytic domain of Rv1625c alone was not affected by CAI-1 or LAI-1 (not shown).**DOI:** [http://dx.doi.org/10.7554/eLife.13098.004](10.7554/eLife.13098.004)
*In vivo* characterization of CqsS from *V. cholerae* identified Cys170 at the exit of TM6 as critical for signaling ([@bib36]). In CqsS from *V. harveyi* the corresponding residue is Phe166 ([Figure 1](#fig1){ref-type="fig"}). We examined its role by substituting it with all 19 proteinogenic amino acids. Substitutions by large flexible hydrophobic residues, i.e. Leu, Ile, or Met enhanced CAI-1 stimulation up to 480% compared to 185% with the parent Phe166 construct (compare [Figures 2](#fig2){ref-type="fig"} and [3](#fig3){ref-type="fig"}).
Furthermore, a high discrimination between CAI-1 and LAI-1 was effectuated and the potency ratio CAI-1/LAI-1 at 10 µM increased from 1 to 3 (see [Figures 2](#fig2){ref-type="fig"} and [3](#fig3){ref-type="fig"}). Evidently, the F166L CqsS sensor domain in the chimera shows high selectivity between CAI-1 and LAI-1. Our findings were in line with earlier results that the natural CqsS receptor preferably detects ligands with C~10~ or C~8~ but not shorter (C~6~, C~4~) or longer (C~12~, e.g. LAI-1) alkyl tails ([@bib52]). 3, 4-tridecanediol which has not been reported as a natural ligand stimulated by about 10% of CAI-1 at 10 μM ([Figure 3](#fig3){ref-type="fig"}). Other amino acid substitutions at position 166 of CqsS did not affect the extent of AC stimulation with the exception of tryptophan which abrogated stimulation (data not shown). Activation enhanced Vmax from 14 to 42 nmol cAMP·mg^-1^·min^-1^ whereas Km for substrate ATP was not significantly affected (233 and 163 µM ATP, respectively). An up to 10^4^-fold activation of CqsS-stimulated reporter gene transcription was earlier observed in *V. harveyi* and *V. cholerae* (21). The 5-fold activation of CqsS-F166L reported here appears comparatively small. This discrepancy can be explained by the fact that the amplification systems used differ profoundly. Earlier studies investigated the quorum-sensing system *in vivo* with a reporter gene transcription/bioluminescence read-out which is much more sensitive than an *in vitro* AC assay with isolated cell membranes used in the present study ([@bib36]). In addition, the coupling of CqsS to its authentic effector might well be more stringent than that attainable in a chimera with an exogenous Rv1625c AC output domain.10.7554/eLife.13098.005Figure 3.Stimulation of the chimera CqsS~1-181~F166L-Rv1625c~218-443~ by the QS-ligands CAI-1 or LAI-1.Basal activity was 4 nmol cAMP·mg^-1^·min^-1^. Filled squares, CAI-1 (n = 5--11; ± S.E.M.); open squares, LAI-1 (n=2); open circles, 3,4-tridecanediol. The EC~50~ concentrations were 400 nM CAI-1, 900 nM LAI-1, and 2000 nM 3,4-tridecanediol. CAI-1 stimulations were significant starting at 100 nM ligand. Insert: Western blot of expression product.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.005](10.7554/eLife.13098.005)
Next we examined whether the CqsS-Rv1625c AC chimera is operational *in vivo*. Use of maltose by *E. coli* requires activation of the maltose operon via the cAMP/CRP signaling system. Maltose fermentation produces organic acids which are visualized on MacConkey plates by the pH indicator phenol red. We used the AC-deficient *E. coli cya-99* strain with a high affinity CRP variant ([@bib13]). It cannot metabolize carbohydrates for lack of cAMP. When grown on MacConkey agar, colonies appear whitish. We transformed the CqsS-F166L-Rv1625c into *E. coli cya-99*, plated the cells on MacConkey maltose agar and induced AC expression by a filter strip soaked with 30 mM IPTG. The reddish zone along the filter strip which is indicative of maltose metabolism was expanded at the side where 10 µl of a 100 µM CAI-1 solution was applied ([Figure 4](#fig4){ref-type="fig"}), clearly demonstrating a CAI-1 stimulated cAMP production *in vivo*.10.7554/eLife.13098.006Figure 4.CAI-1 stimulates cAMP formation *in vivo*.A MacConkey maltose agar plate with *E. coli cya*-99 *crp\**144 transformed with CqsS~1-181~F166L-Rv1625c~218-443~ was induced by a filter strip soaked with 1 mM IPTG (running from top to bottom in the middle). 10 µl of 100 µM CAI-1 in DMSO/water was spotted at the asterisk, the plate was tipped and the solution was allowed to move left. As a surface active compound it regularly spread over a large area. Note that the bacterial lawn at left was not induced. Picture was taken from the bottom of the Petri-dish (three independent experiments were carried out, each with at least three agar plates and different concentrations of CAI-1 and IPTG; controls with solvent were negative).**DOI:** [http://dx.doi.org/10.7554/eLife.13098.006](10.7554/eLife.13098.006)
CqsS dimerization is required for adenylate cyclase regulation {#s2-2}
--------------------------------------------------------------
The monomeric bacterial class III ACs require homodimerization ([@bib29]). Similarly, bacterial His-kinases of two-component systems are homodimers in which a His-residue of the H-box is phosphorylated either in cis or trans ([@bib4]; [@bib5]). Here we examined whether dimerization of the QS-receptors is required for AC regulation. The CqsS receptor was connected to known inactive Rv1625c AC point mutants, Rv1625cD300A and Rv1625cR376A. These point mutants complement each other and the dimer is catalytically active ([@bib15]). Thus, CqsS-Rv1625cD300A was inserted into pETDuet-3 alone or in combination with CqsS-Rv1625cR376A. When CqsS-Rv1625cD300A and CqsS-Rv1625cR376A were jointly expressed, robust AC activity and regulation by CAI-1 was observed ([Figure 5A](#fig5){ref-type="fig"}). This demonstrated that the membrane anchors of CqsS dimerize and allow individually inactive AC domains to form an active, ligand-regulated dimer. Expectedly, the expression product of CqsS-Rv1625cD300A was inactive ([Figure 5B](#fig5){ref-type="fig"}). The experiment did not answer the question whether ligand binding requires a CqsS dimer. This was addressed by linking the inactive Rv1625c monomers to the 6TM anchors of either Rv1625c or the *Legionella* LqsS QS-receptor. First, CqsS-Rv1625cD300A and the full-length Rv1625cR376A were jointly expressed in pETDuet-3. AC activity was observed, yet CAI-1 did not regulate ([Figure 5C](#fig5){ref-type="fig"}). Second, the QS-receptor from LqsS was joined with the inactive Rv1625cR376A in a similar manner. CqsS-Rv1625cD300A and LqsS-Rv1625cR376A were concomitantly expressed. As before, AC activity was restored, yet regulation by CAI-1 was absent ([Figure 5D](#fig5){ref-type="fig"}). This indicated that the membrane anchors were close enough to enable productive heterodimerization; however, a regulatory ligand-binding site was absent. Possibly one ligand molecule binds at the interface of a receptor homodimer as is the case in the chemotaxis receptors Tsr or Tar or Ni^2+^-binding in PhoQ ([@bib7]; [@bib12]; [@bib22]; [@bib34]; [@bib56]). Because the highly lipophilic ligand does not allow meaningful receptor binding studies, presently this cannot be examined any further.10.7554/eLife.13098.007Figure 5.Homodimerization of the CqsS receptor is required for signaling.(**A**) with complementary Rv1625c point mutations Rv1626cD300A and Rv1625cR376A a regulated dimeric chimera was generated (\*p\<0.05 compared to respective basal activity). (**B**) as a control the construct CqsS-Rv1625cD300A was expressed alone. It was inactive. (**C**, **D**) complementing mutants with differing membrane domains were active, yet unregulated. Basal activity of construct B significantly differed from those in constructs **A**, **C**, and **D** (†p\<0.001).**DOI:** [http://dx.doi.org/10.7554/eLife.13098.007](10.7554/eLife.13098.007)
Stimulation of AC Rv1625c activity by CAI-1 is irreversible {#s2-3}
-----------------------------------------------------------
The QS-system of *Vibrio* controls virulence. At high cell density, CAI-1 is produced, released and binds to the extracellular CqsS receptor ([@bib54]). In a multistep intracellular process this results in reduced production of virulence factors and allows the pathogen to escape from the host, thus spreading disease ([@bib19]; [@bib39]). Because extracellular loops for ligand binding are absent in CqsS and because of the lipophilicity of the ligand, CAI-1 may bind within the membrane segments of the receptor dimer. Therefore, the question whether CAI-1 stimulation is reversible was examined next. Membranes were stimulated with sub-saturating (300 nM) and saturating (10 µM) concentrations of CAI-1 for 10 min. The reactions were rapidly stopped by cooling to 0°C and the pre-stimulated membranes were re-isolated by ultracentrifugation. Those membranes were then stimulated again by CAI-1 ([Figure 6](#fig6){ref-type="fig"}). Membranes pre-treated with 300 nM CAI-1 had an elevated 'basal' AC activity equivalent to the previous 0.3 µM CAI-1 stimulation ([Figure 6](#fig6){ref-type="fig"}, left). Accordingly, re-stimulation by 0.3 µM CAI-1 failed whereas addition of 10 µM CAI-1 activated to the maximal possible extent. Membranes which were initially exposed to 10 µM CAI-1 remained almost fully activated and were completely refractory to re-stimulation ([Figure 6](#fig6){ref-type="fig"}). In this context we checked whether ligand was specifically binding at the receptor sites or remained unspecifically associated with the membranes. The supernatants of the ultracentrifugation steps of the pre-incubated membranes stimulated naïve membranes according to the previously tested CAI-1 concentrations. This excluded unspecific association of the lipophilic ligand with the membrane or adherence to the reaction vessels. Therefore, we can conclude that CAI-1 stimulation was irreversible. This is slightly reminiscent on the biochemistry of rhodopsin in the mammalian eye. There, retinal is even covalently bound into the membrane-segments of opsin, a GPCR with scant extra-membrane loops. After excitation receptor regeneration requires ligand removal by an enzymatic process and transport to the retinal pigment epithelium which, notably, contains exclusively adenylate cyclase type VII ([@bib53]). How in *Vibrio* signal termination is accomplished remains to be investigated. Possibilities are an inactivating metabolism of CAI-1 or proteolysis.10.7554/eLife.13098.008Figure 6.CAI-1 ligand binding to the CqsS QS-receptor is irreversible.Membranes containing CqsS~1-181~F166L-Rv1625c~218-443~ were stimulated with 0.3 or 10 µM CAI-1 (left), re-isolated and re-stimulated with 0.3 and 10 µM CAI-1. Only the stimulations marked with an asterisk differed significantly from the respective unstimulated controls. White bars represent basal AC activities, gray bars on top represent additive CAI-1-stimulated activities (S.E.M., n = 6).**DOI:** [http://dx.doi.org/10.7554/eLife.13098.008](10.7554/eLife.13098.008)
6TM membrane anchors in ACs, universal receptor modules? {#s2-4}
--------------------------------------------------------
The above data demonstrated that the homodimeric catalytic domain of the canonical class IIIa Rv1625c AC was capable to decode the ligand-initiated conformational signal of a 6TM QS-receptor and translate it into a change in AC activity. The functional membrane anchor replacement accompanied by a gain of a novel physiological function suggests that the Rv1625c 6TM anchor actually constitutes an orphan receptor, i.e. receptor without known ligand. Therefore, we examined the relationship between the QS-receptors and the 6TM AC membrane anchors by a focused bioinformatic approach.
From the Uniprot Reference Proteomes databank we obtained all class III ACs using the highly conserved catalytic domain for data mining (see Materials and methods). The catalytic domains were stripped; the putative 6TM domains were extracted and retained. Similarly, we extracted 6TM modules related to the CqsS quorum-sensing receptor. The combined data set comprising a total of 1616 6TM modules was subjected to a cluster analysis using the CLANS software ([Figure 7A](#fig7){ref-type="fig"}; [@bib11]). In total, six distinct clusters were observed, five of which were interconnected to different extents, among them the cluster of QS-receptors ([Figure 7A](#fig7){ref-type="fig"}). This clear-cut separation of 6TM modules is surprising and revealing. Transmembrane spanning α-helices have a strong predilection for hydrophobic residues with Leu, Ile, Val, Ala, Gly and Phe comprising two-thirds ([@bib45]). Yet, the unequivocal clustering indicates a differentiated pattern of conserved 6TM variants which is at odds with an assignment of simply an anchoring device. We propose that the diversity of conserved patterned subtypes mirrors a succinct adaptation to particular physiological functions. By far the majority of 6TM modules were eukaryotic ACs, from the slime mold *Dictyostelium*, the extant coelacanth up to man. The preponderance of eukaryotic sequences is, at least in part, due to the fact that in vertebrates nine distinct membrane-delimited pseudoheterodimeric AC isoforms exist, each with two TM modules, TM1 and TM2. The observed clusters were identified as follows: (*1*) An isolated, unconnected cluster of 30 bacterial class IIIb ACs is characterized by a ferredoxin between the membrane and the catalytic domain. A representative example is an AC from *Rhodopseudomonas palustris* (Uniprot Q132R4) which intracellularly appends to a ferredoxin module. The membrane anchors show sequence similarity to the cytochrome b subunits present in the fumarate reductase/succinate dehydrogenase protein families to an extent that they can be matched by simple BLAST searches. These 6TM modules have four precisely spaced intra-membrane histidine residues which coordinate heme as an electron carrier ([@bib10]; [@bib18]; [@bib23]; [@bib24]). It can confidently be predicted that the AC 6TM anchors of this cluster will turn out to contain two heme entities as prosthetic groups. (*2*) A cluster of 118 bacterial class IIIb ACs is characterized by a signal-transducing HAMP domain between membrane anchor and catalytic domain such as the well-studied mycobacterial AC Rv3645 ([@bib17]; [@bib20]; [@bib22]; [@bib33]). (*3*) A cluster of 42 bacterial class IIIb ACs shows partly high local similarity to ACs of cluster (*2*) as visualized by the number and intensity of the gray colored connecting lines between both clusters ([Figure 7A](#fig7){ref-type="fig"}). Yet, ACs in cluster (*3*) lack a HAMP domain. To our knowledge, none of these ACs has ever been interrogated experimentally. (*4*) A cluster of 35 membrane anchors from bacterial class IIIa ACs as prototypically represented by the mycobacterial AC Rv1625c used here. It is predominantly connected to the cluster with mammalian TM modules. (*5*) Two tightly connected groups are combined here into one cluster of 677 TM1 and 653 TM2 modules which are derived from eukaryotic, mostly vertebrate, pseudoheterodimeric class IIIa ACs. The difference in the number of TM1 and TM2 units is due to individual sequence divergences of the TM2 domains, database miss-annotations, and problems in the automated prediction of transmembrane spans. (*6*) A cluster of 56 6TM modules corresponds to quorum-sensing receptors of the CqsS type.10.7554/eLife.13098.009Figure 7.(**A**) Cluster map of 6TM domains of adenylate cyclases and CqsS-like sensory receptors.A comprehensive set of 6TM AC anchors was extracted from 408 eukaryotic and 1456 bacterial proteomes and clustered in CLANS (HHsearch p-value cutoff 5E-4, attraction value 10, repulsion value 5); outliers were removed. Each dot represents a single 6TM domain. Above threshold HHsearch hits are shown as connecting lines between AC pairs in different clusters; the darker line color, the more similar the protein sequences. 6TM anchors of ACs form five clusters of high pairwise sequence similarity: cluster (*1*), anchors of bacterial class IIIb ACs characterized by the presence of a cytosolic ferredoxin domain (30 sequences from the α and β branches of proteobacteria). Cluster (*2*), anchors of bacterial class IIIb ACs characterized by a signal-transducing HAMP domain (118 sequences mainly from Actinobacteria, but also from α-proteobacteria, δ-proteobacteria, Chlorobia and Thermoleophilia). Cluster (*3*), anchors of bacterial class IIIb ACs similar to HAMP-associated anchor domains but which lack a HAMP domain (42 sequences mainly from α-proteobacteria). Cluster (*4*), anchors from bacterial class IIIa ACs prototypically represented by the mycobacterial AC Rv1625c (35 from many different phyla of bacteria, including Actinobacteria, Proteobacteria, Chlorophyta, Spirochaetes, and Bacteriodetes). The enlarged asterisk denotes the position of the mycobacterial AC Rv1625c. Cluster (*5*), anchors of the pseudoheterodimeric eukaryotic class IIIa ACs (TM1 677 sequences, TM2 653 sequences). CqsS Cluster (*6*), 6TM domains of sensory His-Kinases similar to CqsS (from Bacteriodetes, Chlorobia, α-, β-, and γ-proteobacteria). (**B**) Length comparisons of the transmembrane helices and loops of 6TM membrane anchors/receptors/sensors. The data sets from clusters 4, 5 and 6 from [Figure 7A](#fig7){ref-type="fig"} were used supplemented with 250 cytochrome b561 proteins. In case no S.E.M. is visible the size of the vertical bar is within the line thickness of the respective bar. 'α'-Numbering denotes the consecutive TM helices starting from the N-terminus, \'out\' and \'in' denote sequential extra- and intracellular loop sequences. The two horizontal lines are at the 5 and 20 aa level.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.009](10.7554/eLife.13098.009)10.7554/eLife.13098.010Figure 7---figure supplement 1.Length comparisons of α-helices and loops of 6TM modules from adenylate cyclases and quorum sensors.Data are means ± S.E.M. of the sequence groups of all clusters shown in [Figure 7A](#fig7){ref-type="fig"} as indicated below. The color-coding used in [Figure 7A](#fig7){ref-type="fig"} has been conserved. The designations 'in' and 'out' indicate intra- and extracellular loops.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.010](10.7554/eLife.13098.010)10.7554/eLife.13098.011Figure 7---figure supplement 2.The 12 sequences used for the alignment were from *Agrobacterium albertimagni,* WP_006725538; *Arthrospira maxima*, B5VUZ0; *Arthrospira platensis*, D5A5G2; *Beggiatoa*, A7BXS6; *Dechloromonas*, Q47AI8; *Hyphomicrobium*, C6QBG1; *Lyngbya*, A0YQ82; *Mesorhizobium*, LSHC420B00; *Microcoleus sp.*, PCC_7113; *Oscillatoria acuminata*, PCC_6304; *Nostoc*, YP_001866931; *Mycobacterium tuberculosis*, ALB18789 (Rv1625c).The alignment was made by ClustalW and adjusted and converted into a ‚bargraph 'style alignment in Genedoc. Black lines reflect sequence identity, shades of grey different degrees of similarity, and white patches denote sequence diversity. Note the striking dissimilarity of the TM domains and the conservative nature of the catalytic domains.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.011](10.7554/eLife.13098.011)10.7554/eLife.13098.012Figure 7---figure supplement 3.AC_1 Sequences used for the alignment: *Macaca fasci*, XP_005551359.1; *Bos taurus*, NP_776654.1; *Anas platyrhynchos*, XP_005014606.1; *Danio rerio*, NP_001161822.1; *Mesocricetus auratus*, XP_005083033.1; *Pseudopodoces humilis*, XP_005525280.1; *Gallus gallus*, XP_418883.4; *Homo sapiens*, NP_066939.1; *Mouse*, GI:62512159; *Heterocephalus glaber*, XP_004840600.1; *Orcinus orca*, XP_004283063.1; *Pan troglodytes*, XP_519081.3; *Ficedula albicollis*, XP_005041477.1; *Sarcophilus harrisii*, XP_003762599.1; *Odobenus rosmarus divergens*, XP_004409496.1; *Melopsittacus undulatus*, XP_005148091.1.AC_2 sequences used for the alignment: *Jaculus jaculus*, XP_004670691.1; *Ictalurus punctatus*, AHH38946.1; *Myotis brandtii*, EPQ02509.1; *Anas platyrhynchos,* XP_005024930.1; *Monodelphis domestica,* XP_001363692.1; *Ornithorhynchus anatinus*, XP_001519046.2; *Macaca mulatta*, NP_001252581.1; *Rattus norwegicus*, NP_112269.1; *Rabbit*, XP_002721866.1; *Latimeria chalumnae*, XP_006007585.1; *Mouse*, Q80TL1; *Callithrix jacchus*, XP_002745178.1; *Homo sapiens*, Q08462.5; *Ficedula albicollis*, XP_005041747.1; *Columba livia*, XP_005508897.1; *Dog*, XP_535798.3; *Bos taurus*, XP_587884.4; *Myotis brandtii*, EPQ02509.1; *Alligator mississippiensis*, XP_006274555.1. On top are the joint alignments of TM1 and TM2 of AC1 and AC2, respectively. Similarities are limited. Deconstruction of the AC1 and AC2 alignment results in individual AC1 and AC2 alignments. The similarities within one isoform throughout evolution are striking.**DOI:** [http://dx.doi.org/10.7554/eLife.13098.012](10.7554/eLife.13098.012)
The cluster of the eukaryotic TM1 domain (from cluster *5*) was connected to the clusters of the bacterial type IIIa (*4*) and type IIIb (*3*) by a large number of pairwise matches, typically covering all six transmembrane spans. In contrast, the CqsS cluster had significantly fewer and only local matches, aligning quorum-sensing sequences specifically to transmembrane spans 1 and 2 of individual eukaryotic AC TM1 sequences (all from the bony fish Osteichtyes), and to TM 3, 4 and 5 of the bacterial type IIIa ACs, each at approximately 20--25% identity. Notably, the average sequence identity within the clusters themselves is approximately 40%. Thus, currently we can only speculate whether the observed similarities indicate remote homology at the limit of recognition or convergence due to identical structural and functional constraints.
Visual inspection of sequence properties of single TMs indicated a remarkable shortness of α-helices and respective interconnecting loops already apparent in the 2D presentations ([Figure 1](#fig1){ref-type="fig"}). Notably, the loops are by far shorter than those of comparable sensory proteins, such as mammalian GPCRs with seven TMs, bacterial chemotaxis receptors, His-kinases and ACs with 2 TMs or 4 TMs such as the chase domain (**c**yclase/**h**istidine kinases **a**ssociated **s**ensory **e**xtracellular). To support this notion we investigated the length parameters of the transmembrane segments and loops of AC and CqsS anchor types which were used in the cluster analysis, and compared them to 250 orthologues of cytochrome b561 ([Figure 7B](#fig7){ref-type="fig"} and [Figure 7---figure supplement 1](#fig7s1){ref-type="fig"}). The latter protein was selected because a high-resolution structure is available, i.e. they form a 2x6TM homodimer of short TM spans and loops analogous to those from Rv1625c and CqsS ([@bib31]). The lengths of the six TM segments and of the five loops were well conserved between orthologues of the same anchor type and highly similar between anchors of the bacterial AC classes IIIa and IIIb, eukaryotic TM1, and, most surprisingly, CqsS-like QS-receptors ([Figure 7B](#fig7){ref-type="fig"}). On the other hand, the eukaryotic TM2 anchors, those of the ferredoxin-associated class IIIb, and anchors coupled to a cytosolic HAMP-domain (class IIIb ACs in cluster 2) had one or even several elongated loops or α-helices ([Figure 7](#fig7){ref-type="fig"} and [Figure 7---figure supplement 1](#fig7s1){ref-type="fig"}).
The short helices of around 20 residues in this 6TM module design must cross the 30 Å thick lipid bilayer almost orthogonally and the short connecting loops restrict the number of positional permutations foreshadowing a compact packing. Therefore, the structures of transmembrane domains of eukaryotic AC TM1, the bacterial class IIIa ACs such as Rv1625c, and QS-receptors of the CqsS type can be reasoned to possess overall structural similarities with that of cytochrome b561.
Discussion {#s3}
==========
In 1989 the analysis of the first aa sequence of a mammalian AC suggested that the two membrane anchors, each consisting of six transmembrane segments, might carry a transporter or channel function ([@bib28]). Since then, our knowledge concerning the membrane anchors has not advanced; to date no function for approximately 40% of a class IIIa AC protein sequence has been identified which goes beyond a mere membrane fixation. After 26 years we demonstrate for the first time that a canonical class IIIa AC with a 6TM membrane anchor is directly regulated by a membrane receptor of an identical design, yet with a known ligand, the QS-receptor from *V. harveyi.*
Our data raise novel questions concerning the evolution of the regulation of class III ACs with 6TM membrane-anchoring modules. In absence of bacterial G-proteins bacterial class III ACs probably will turn out to be directly regulated via their prominent membrane anchors with the above mentioned *R. palustris* AC as an emerging example. In fact the membrane anchors of the class IIIa bacterial ACs are highly diverged whereas the catalytic domains are conserved ([Figure 7](#fig7){ref-type="fig"} and [Figure 7---figure supplement 2](#fig7s2){ref-type="fig"}). This suggests that in bacteria the TM domains have evolved independently and very rapidly relative to the catalytic domains. This is in agreement with the general observation that mutations in upstream regulatory domains mostly are neutral and over time a variety of ligand specificities have evolved by chance mutations. At the same time even slightly detrimental mutations in downstream effector domains are not tolerated, thus resulting in sequence and functional conservation ([@bib43]). In such an evolutionary scenario the mechanisms of signal transduction per se remain intact and allow revealing combinatorial diversity as demonstrated here ([@bib42]).
In contrast, in vertebrates the membrane-delimited ACs are regulated indirectly by GPCR activation which intracellularly results in release of Gα proteins. Is this the result of a loss of direct ligand regulation during evolution while indirect GPCR regulation evolved or has ligand regulation of mammalian ACs been missed so far? Because the AC membrane bundles of vertebrates are highly conserved in an isoform-specific manner from the coelacanth to man ([Figure 7](#fig7){ref-type="fig"} and [Figure 7---figure supplement 3](#fig7s3){ref-type="fig"} as an example of mammalian AC_I and AC_II subtypes) one can reasonably assume that they have an indispensable physiological function. This could be a particular compartmentalized membrane localization e.g. described in ([@bib8]) or, in our view more likely and in accordance with our findings an as yet hidden receptor function, as a direct ligand-binding module or in conjunction with an accessory membrane protein that operates as the true sensor. The second alternative would suggest that in vertebrates regulation of intracellular cAMP concentrations is subject to an interaction between direct, ligand-mediated and indirect GPCR-Gsα-regulated effects. A lasting receptor occupation by a ligand during different physiological states might well set the responsiveness of mammalian AC isoforms to a transient GPCR-Gsα activation. This would allow that lasting and transient physiological conditions converge via direct and indirect regulation in a central second messenger system, a situation absent in bacteria. This concept poses the questions whether in vertebrates suitable extracellular signals exist and whether the molecular provisions for a direct signal transduction through the 9 AC isoforms have been evolutionarily conserved. We are currently exploring these questions.
Recently we demonstrated that we could functionally replace the bacterial AC 6TM anchors by the *E. coli* chemotaxis receptors for serine or aspartate ([@bib22]; [@bib42]; [@bib55]). By analogy, the results supported the hypothesis of a receptor function for the AC membrane anchors. A less plausible interpretation would have been that the functional coupling might just be a manifestation of the modular composition of signaling proteins. The compatibility may only have required that a satisfactory domain order is maintained in such chimeras without invoking a functional relatedness. The data reported here add an entirely novel dimension to the working hypothesis that AC membrane anchors in bacterial homodimeric as well as in mammalian pseudoheterodimeric ACs function as ligand receptors. The 2D models of the membrane anchors of Rv1625c and CqsS are similar (see [Figure 1](#fig1){ref-type="fig"}). This should allow an almost isosteric replacement. Competent QS-receptor and cyclase chimeras were dependent on the point of linkage indicating that the connecting sites had been evolutionarily predesigned, were conserved and fully operational for signal transduction between functionally differing proteins ([@bib43]). Implicitly this supports the prediction that the 6TM anchors of such ACs have a receptor function for which stimuli have yet to be identified. Because the ligands for CqsS and LqsS are known, the direct regulation of AC activity then is no real surprise. Admittedly, based alone on the biochemical data one might again take pains to argue that the exchangeability of 6TM-anchors just extends the range of signaling modules which can structurally and possibly functionally replace each other. This alternative interpretation is rather implausible in our view. First mixing and matching TM domains of eukaryotic AC is impossible without loss of activity ([@bib44]). Second, the cluster analysis visualizes similarities between individual pairs of CqsS receptor type modules and membrane anchors from class IIIa ACs. Thus it supports the hypothesis that the membrane anchors of class III ACs, bacterial and mammalian alike have a function beyond membrane fixation. In this context cluster (*1*), which is unrelated to all other clusters, is particularly interesting. It demonstrates that comparable transmembrane architectures can result in significantly different sequence patterns notwithstanding the similar amino acid composition commonly shared by all membrane domains. Currently, it is impossible to speculate about or even predict the nature of ligands for the 6TM AC modules examined here. One might expect, however, that they will be closely associated with the intra-membrane space as extra-membranous loops for ligand-binding are noticeably absent in this type of 6TM bundles.
Materials and methods {#s4}
=====================
An *E.coli* culture containing the protein CqsS of *V. harveyi* was obtained from K. Jung and LqsS from H. Hilbi, LMU, Munich (Germany). *M. tuberculosis* AC Rv1625c and point mutants D300A and R376A were available in the laboratory ([@bib15]). Radiochemicals were from Hartmann Analytik (Braunschweig, Germany) and Perkin Elmer (Rodgau, Germany). Enzymes were from either New England Biolabs or Roche Diagnostics. Other chemicals were from Sigma, Roche Diagnostics, Merck and Roth. CAI-1, LAI-1 and 3,4-tridecanediol were synthesized in-house according to ([@bib2]; [@bib37]). Concentration-response curves were usually limited to maximally 10 μM as the ligands have surfactant properties and assays with higher concentrations tended to give inconsistent results.
Plasmid construction {#s4-1}
--------------------
In CqsS-Rv1625c chimeras the following CqsS receptor length variants were probed in different combinations: F168; V172; K177; A181; S183; G185; G187; I188; H190; P195;L196. For AC Rv1625c catalytic domains the tested length variants were: A201, L202, R203 and R218. Standard molecular biology methods were used for DNA manipulations (primer sequences are in [Supplementary file 1](#SD1-data){ref-type="supplementary-material"}). DNA fragments and vectors were restricted at their 5´BamHI or EcoRI and 3´HindIII sites and inserted into pQE80~L~ (Δ XhoI; Δ NcoI). When appropriate, silent restriction sites were introduced. All constructs carried an N-terminal His~6~-tag for detection in Western blots. In the pETDuet-3 vector the first MCS was been replaced by that of pQE30 introducing an N-terminal His~6~-tag. The second MCS in pETDuet-3 carried a C-terminal S-tag for Western blotting. The fidelity of all constructs was confirmed by double-stranded DNA sequencing.
Protein expression {#s4-2}
------------------
Constructs were transformed into *E. coli* BL21(DE3). Strains were grown overnight in LB medium (20g LB broth/l) at 37°C containing 100 μg/ml ampicillin. 200 ml LB medium (with antibiotic) was inoculated with 5 ml of a preculture and grown at 37°C. At an A~600~ of 0.3, the temperature was lowered to 22°C and the expression was started with 500 μM isopropyl thio-β-D-galactoside (IPTG) for 2.5--5 hrs. Cells were harvested by centrifugation, washed once with 50 mM Tris/HCl, 1mM EDTA, pH 8 and stored at -80°C. For preparation of cell membranes cells were suspended in lysis buffer (50 mM Tris/HCl, 2 mM 3-thioglycerol, 50 mM NaCl, pH 8) containing complete protease inhibitor cocktail (Roche Molecular, Mannheim, Germany) and disintegrated by a French press (1100 p.s.i.). After removal of cell debris (4.300 x g, 30min, 4°C) membranes were collected at 100000 x g (1h at 4°C). Membranes were suspended in buffer (40 mM Tris/HCl, pH8, 1.6 mM 3-thioglycerol, 20% glycerol) and assayed for AC activity. A more detailed description of protein expression and membrane preparation is available as described in detail at Bio-protocol ([@bib1]).
Adenylate cyclase assay {#s4-3}
-----------------------
Adenylyl cyclase activity was determined for 10 min in 100 μl at 37°C ([@bib40]). The reactions contained 5 µg protein, 50 mM Tris/HCl pH 8, 22% glycerol, 3 mM MnCl~2~, 6 mM creatine phosphate and 230 µg creatine kinase, 75 μM \[α-^32^P\]-ATP, and 2 mM \[2,8-^3^H\]-cAMP to monitor yield during cAMP purification. Substrate conversion was kept below 10%.
Western blot analysis {#s4-4}
---------------------
The integrity of expressed recombinant membrane proteins was probed by Western blotting. Sample buffer was added to the membrane fractions and applied to SDS-PAGE (12 or 15%), in which proteins were separated according to size. For Western blot analysis, proteins were blotted onto PVPF membrane and examined with an RGS-His~4~-antibody (Qiagen, Hilden, Germany ) or S-tag antibody (Novagen R&D systems, Darmstadt, Germany) and a 1:2500 dilution of the fluorophore conjugated secondary antibody Cy3 (ECL Plex goat-α-mouse IgG-Cy3, GE Healthcare, Freiburg, Germany). Detection was carried out with the Ettan DIGE Imager (GE Healthcare). In general, proteolysis of expressed proteins was not observed.
Bioinformatics {#s4-5}
--------------
### Dataset {#s4-5-1}
Sequences were taken from the Uniprot Reference Proteomes databank (release 2015_04). AC anchor sequences were identified by their conserved catalytic domain in a HMMer3 search (E-value cutoff 1E-5; ([@bib9]) with EBI SMART\'s cycc family alignment ([@bib41]). To extract putative membrane domains, all segments N-terminal of cycc hits, up to the protein N-terminus or another cycc domain, were extracted. HAMP domains, if present, were located using HMMer3 and the HAMP EBI SMART family alignment and then removed. The extracted sequences were clustered to 30% sequence identity using kClust ([@bib16]). Then, the clusters were aligned individually and their TM spans were predicted by Polyphobius ([@bib21]) and manual inspection. 6TM clusters were merged and used for further analyses. CqsS and cytochrome b561 homologs were identified in HMMer3 jackhmmer searches, using the *V. cholerae* CqsS and *A. thaliana* Cy561 anchors (Uniprot identifiers Q9KM66 and Q9SWS1) as queries.
### Cluster analysis {#s4-5-2}
For every sequence in the 6TM AC anchor data set we searched the Uniprot database, clustered at 20% sequence identity (Uniprot20, June 2015, available at <http://toolkit.tuebingen.mpg.de>), with HHblits (p-value cutoff 1E-3, minimum coverage 50%, two iterations; ([@bib38]). The resulting sequence alignments were used to create profile hidden Markov models (HMMs) that included Polyphobius TM predictions instead of secondary structure annotation. The same procedure was applied to CqsS anchor homologs. The clustering was performed using the CLANS software ([@bib11]), based on pairwise HMM-HMM comparisons ([@bib46]).
Helix/loop length analysis {#s4-6}
--------------------------
The helix and loop lengths were measured using the sequences taken from the respective clusters of the CLANS analysis and cytochrome b561 homologs. Predicted transmembrane spans were based on manually refined Polyphobius predictions.
Statistical analysis {#s4-7}
--------------------
All experiments were repeated at least thrice. Data are presented as means ± S.E.M. when applicable. Student's t test was used.
Funding Information
===================
This paper was supported by the following grants:
- http://dx.doi.org/10.13039/501100001659Deutsche Forschungsgemeinschaft SFB 766 to Stephanie Beltz.
- http://dx.doi.org/10.13039/501100004189Max-Planck-Gesellschaft to Jens Bassler.
This publication is dedicated to Prof. Dr. Günter Schultz, FU Berlin, at the occasion of his 80th birthday. Supported by Deutsche Forschungsgemeinschaft (SFB 766; TP B08) and institutional funds of the Max-Planck-Society. We are grateful to Prof. Dr. K. Hantke who carried out the *in vivo* experiments and to Prof. Dr. P. Koch for the synthesis of 3, 4-tridecanediol. We thank A. Schultz for invaluable technical assistance. We are indebted to Prof. Dr. A. Lupas for continuous encouragement and critical discussions.
Additional information {#s5}
======================
The author declares that no competing interests exist.
SB, Acquisition of data, Analysis and interpretation of data, Drafting or revising the article.
JB, Acquisition of data, Analysis and interpretation of data, Drafting or revising the article.
JES, Conception and design, Acquisition of data, Analysis and interpretation of data, Drafting or revising the article.
Additional files {#s6}
================
10.7554/eLife.13098.013
###### List of sense (s) and antisense (as) primers used for generating the diversity of chimeras used in this study.
**DOI:** [http://dx.doi.org/10.7554/eLife.13098.013](10.7554/eLife.13098.013)
10.7554/eLife.13098.014
Decision letter
Marletta
Michael A
Reviewing editor
University of California, Berkeley
,
United States
In the interests of transparency, eLife includes the editorial decision letter and accompanying author responses. A lightly edited version of the letter sent to the authors after peer review is shown, indicating the most substantive concerns; minor comments are not usually included.
Thank you for submitting your work entitled \"The membrane anchors of adenylate cyclases: regulation by the quorum sensor from Vibrio indicates a receptor function\" for consideration by *eLife*. Your article has been reviewed by two peer reviewers including Stephen Sprang, and the evaluation has been overseen by Michael Marletta as the Senior Editor and Reviewing Editor.
The reviewers have discussed the reviews with one another and the Reviewing Editor has drafted this decision to help you prepare a revised submission.
From the protein-engineering standpoint, your paper is an interesting and important contribution that should be of interest to a broad range of scientists who work in the area of signal transduction at the molecular level.
There are some points of concern that need to addressed. The data shown in [Figure 3](#fig3){ref-type="fig"} do not allow calculation of the maximum level of activation. Perhaps it is not possible to achieve ligand concentrations above 10 µM. Hence the \~6-fold activation of the CqsS~1-181~F166L-Rv1625c~218-443~ chimera by CAI-1 may be an underestimate. Even so, this is considerably lower than the 10^[@bib5]^ to 10^[@bib4]^-fold activation of CqsS-stimulated reporter gene transcription observed at 0.01 µM ligand in *V. harveyi* and *V. cholerae* (Ng et al., 2011). More than ligand-induced dimerization may be involved in the coupling between the CqsS TM/ligand-binding domain and its authentic effector, including allosteric and orientation factors, and they are clearly not retained when the TM domain is linked to an exogenous effector domain. Also, is anything known about the ability of CqsS to discriminate between the ligands used here? These points need to be discussed.
[Figure 4](#fig4){ref-type="fig"} is difficult to interpret. The IPTG strip was placed down the center of the dish, but the light/dark boundary is off to the left. Is the ligand only applied at the leftward vertical boundary? This is an experiment in which n = 1. Have you reproduced this experiment?
[Figure 7A](#fig7){ref-type="fig"} indicates at least one connection between the quorum sensor domains and IIIa AC, and many connections with the IIIa eukaryotic AC TM1s. We assume that this means that there is actual sequence identity between them. This would be a strong case for divergence of CsqS regulatory and AC TM domains. The authors should address this either with a figure or by citing ranges of% amino acid sequence identities. If regions of identity are clustered, for example, near the effector-TM linker region, this would be particularly interesting.
Abstract (first sentence): We do not agree that all ACs convert extracellular stimuli. In particular in bacterial AC, there are often sensor domains for intracellular ligands. It can be a philosophical question, in the end almost every intracellular signal can be traced back to some extracellular one, but in a more narrow sense, some ACs do respond to intracellular signals.
Abstract and in the text: The expression \"indirect regulation\" when referring to GPCR/G-proteins is not the best terminology. It would be more precise to say \"indirect regulation by GPCRs\", since regulation by G-proteins is direct. We think you should consider rephrasing this. (See also the first paragraph of the Introduction).
10.7554/eLife.13098.015
Author response
*There are some points of concern that need to addressed. The data shown in [Figure 3](#fig3){ref-type="fig"} do not allow calculation of the maximum level of activation. Perhaps it is not possible to achieve ligand concentrations above 10 µM. Hence the \~6-fold activation of the CqsS~1-181~F166L-Rv1625c~218-443~ chimera by CAI-1 may be an underestimate. Even so, this is considerably lower than the 10^[@bib5]^ to 10^[@bib4]^-fold activation of CqsS-stimulated reporter gene transcription observed at 0.01 µM ligand in V. harveyi and V. cholerae (Ng et al., 2011). More than ligand-induced dimerization may be involved in the coupling between the CqsS TM/ligand-binding domain and its authentic effector, including allosteric and orientation factors, and they are clearly not retained when the TM domain is linked to an exogenous effector domain.*
This is correct and the recommended points of discussion have been incorporated, partly using the phrasing suggested.
*Also, is anything known about the ability of CqsS to discriminate between the ligands used here? These points need to be discussed.*
Meanwhile we obtained a ligand-like compound (3,4-dihydroxy-tridecane). The corresponding data have been added in [Figure 3](#fig3){ref-type="fig"} and the figure legend has been changed accordingly. We regret that no other related chemicals are available to us.
*[Figure 4](#fig4){ref-type="fig"} is difficult to interpret. The IPTG strip was placed down the center of the dish, but the light/dark boundary is off to the left. Is the ligand only applied at the leftward vertical boundary? This is an experiment in which n = 1. Have you reproduced this experiment?*
Correct point. Of course this experiment has been reproduced several times. We show the same plate with a different, more contrasting brightness to better visualize the bacterial lawn in the un-induced area. As the ligand has surfactant-like properties exact handling is included in the legend.
*[Figure 7A](#fig7){ref-type="fig"} indicates at least one connection between the quorum sensor domains and IIIa AC, and many connections with the IIIa eukaryotic AC TM1s. We assume that this means that there is actual sequence identity between them. This would be a strong case for divergence of CsqS regulatory and AC TM domains. The authors should address this either with a figure or by citing ranges of% amino acid sequence identities. If regions of identity are clustered, for example, near the effector-TM linker region, this would be particularly interesting.*
The lines indicate above-threshold scoring HMM-HMM alignments. This is based on similar position-specific amino acid compositions and may not always imply actual identity between two sequences. Nonetheless, we agree that the section needs a more to the point description of the actual matches. We have added a short paragraph to this section, so that it now explicitly states the aligning ranges and approximate identities (unfortunately this is difficult to read in bioinformatic speak). The data are not suitable for a graphic item.
*Abstract (first sentence): We do not agree that all ACs convert extracellular stimuli. In particular in bacterial AC, there are often sensor domains for intracellular ligands. It can be a philosophical question, in the end almost every intracellular signal can be traced back to some extracellular one, but in a more narrow sense, some ACs do respond to intracellular signals.*
Correct. Has been rephrased to include other possibilities.
Abstract and in the text: The expression \"indirect regulation\" when referring to GPCR/G-proteins is not the best terminology. It would be more precise to say \"indirect regulation by GPCRs\", since regulation by G-proteins is direct. We think you should consider rephrasing this. (See also the first paragraph of the Introduction).
Correct. This has been changed throughout the manuscript by rephrasing.
|
Q:
Body parts and metaphor
Across languages, body parts are used as part of a metaphor, whether it is in an idiom or in a phrasal construction.
Do any know of any survey like academic paper that investigates the whys and hows of this phenomenon across different languages?
If not, can someone suggest papers that investigate this phenomena in a language?
A:
Overall, Lakoff and Johnson's Philosophy in the Flesh is probably the place to start.
The basic concept is that the only thing that all humans have in common -- and therefore the only thing one can always count on humans understanding -- is the experience of having a human body.
Therefore, abstract and non-experiential stuff gets referred to in terms of the body, and its parts.
Whether it's actually related to the body or not.
A couple of examples:
UP and DOWN
Religious and computer terms
|
// Copyright (c) Microsoft. All rights reserved.
// Licensed under the MIT license. See LICENSE file in the project root for full license information.
using System;
using System.Text;
using System.Collections.Generic;
using Microsoft.VisualStudio.TestTools.UnitTesting;
using Microsoft.Protocols.TestTools;
using Microsoft.Protocols.TestTools.StackSdk;
using Microsoft.Protocols.TestTools.StackSdk.RemoteDesktop.Rdpbcgr;
namespace Microsoft.Protocols.TestSuites.Rdpbcgr
{
public partial class RdpbcgrTestSuite
{
[TestMethod]
[Priority(0)]
[TestCategory("BVT")]
[TestCategory("Interactive")]
[TestCategory("RDP7.0")]
[TestCategory("RDPBCGR")]
[TestCategory("FastPathInput")]
[Description("This test case is used to verify the Client Input Events when Fast-Path is enabled.")]
public void BVT_ClientInputTest_FastPath()
{
#region Test Description
/*
This test case is used to verify the Fast-Path Input Events, including Keyboard Event or Unicode Keyboard Event, Mouse Event or
Extended Mouse Event, Synchronize Event, Client Refresh Rect and Client Suppress Output.
Test Execution Steps:
1. Trigger SUT to initiate and complete a RDP connection. In Capability Exchange phase, Test Suite set inputFlags field to 0x0008 (RDP 5.0, 5.1) or 0x0020 (RDP 5.2 or higher) in Input Capability Set.
2. After the connection sequence has been finished, Test Suite sends a Save Session Info PDU with a notification type of the INFOTYPE_LOGON (0x00000000), INFOTYPE_LOGON_LONG (0x00000001),
or INFOTYPE_LOGON_PLAINNOTIFY (0x00000002) to notify the SUT that the user has logged on (how to determine the notification type is described in TD section 3.3.5.10) .
3. Trigger SUT to send a Client Input Event PDU which contains Keyboard Event or Unicode Keyboard Event, Mouse Event or
Extended Mouse Event.
4. Trigger SUT to send Client Refresh Rect PDU and Client Suppress Output PDU.
5. Test Suite verifies the received Client Input Event PDU.
*/
#endregion
#region Test Sequence
this.TestSite.Assert.IsTrue(isClientSupportFastPathInput, "RDP client should support FastPath input for executing this test case.");
//Start RDP listening.
this.TestSite.Log.Add(LogEntryKind.Comment, "Starting RDP listening.");
this.rdpbcgrAdapter.StartRDPListening(transportProtocol);
#region Trigger client to connect
//Trigger client to connect.
this.TestSite.Log.Add(LogEntryKind.Comment, "Triggering SUT to initiate a RDP connection to server.");
triggerClientRDPConnect(transportProtocol);
#endregion
//Waiting for the transport level connection request.
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting the transport layer connection request.");
this.rdpbcgrAdapter.ExpectTransportConnection(RDPSessionType.Normal);
//Set Server Capability with Bitmap Host Cache supported.
this.TestSite.Log.Add(LogEntryKind.Comment, "Setting Server Capability. Fast-Path Input is supported.");
this.rdpbcgrAdapter.SetServerCapability(true, true, true, true, true, true, true, true, true, true);
//Waiting for the RDP connection sequence.
this.TestSite.Log.Add(LogEntryKind.Comment, "Establishing RDP connection.");
this.rdpbcgrAdapter.EstablishRDPConnection(selectedProtocol, enMethod, enLevel, true, false, rdpServerVersion);
this.TestSite.Log.Add(LogEntryKind.Comment, "Sending Server Save Session Info PDU to SUT to notify user has logged on.");
this.rdpbcgrAdapter.ServerSaveSessionInfo(LogonNotificationType.UserLoggedOn, ErrorNotificationType_Values.LOGON_FAILED_OTHER);
this.TestSite.Log.Add(LogEntryKind.Comment, @"Triggering SUT to generate input events, including Keyboard Event or Unicode Keyboard Event, Mouse Event or
Extended Mouse Event, Synchronize Event, Client Refresh Rect and Client Suppress Output.");
int iResult = this.sutControlAdapter.TriggerInputEvents(this.TestContext.TestName);
this.TestSite.Assume.IsTrue(iResult >= 0, "SUT Control Adapter: TriggerInputEvents should be successful: {0}. This test case must be run under \"interactive\" mode", iResult);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Fast-Path Input PDU with a Mouse Event.");
bool bMouseEventReceived = this.rdpbcgrAdapter.WaitForFastPathInputPdu(eventCode_Values.FASTPATH_INPUT_EVENT_MOUSE, shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Fast-Path Input PDU with an Extended Mouse Event.");
bool bExtendedMouseEventReceived = this.rdpbcgrAdapter.WaitForFastPathInputPdu(eventCode_Values.FASTPATH_INPUT_EVENT_MOUSEX, shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Fast-Path Input PDU with a Keyboard Event.");
bool bKeyboardEventReceived = this.rdpbcgrAdapter.WaitForFastPathInputPdu(eventCode_Values.FASTPATH_INPUT_EVENT_SCANCODE, shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Fast-Path Input PDU with a Unicode Keyboard Event.");
bool bUnicodeKeyboardEventReceived = this.rdpbcgrAdapter.WaitForFastPathInputPdu(eventCode_Values.FASTPATH_INPUT_EVENT_UNICODE, shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Fast-Path Input PDU with a Synchronize Event.");
bool bSynchronizeEventReceived = this.rdpbcgrAdapter.WaitForFastPathInputPdu(eventCode_Values.FASTPATH_INPUT_EVENT_SYNC, shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Client Refresh Rect PDU.");
bool bClientRefreshRectPDUReceived = this.rdpbcgrAdapter.WaitForClientPacket<Client_Refresh_Rect_Pdu>(shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Comment, "Expecting SUT to send a Client Suppress Output PDU.");
bool bClientSuppressOutputPDUReceived = this.rdpbcgrAdapter.WaitForClientPacket<Client_Suppress_Output_Pdu>(shortWaitTime);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Mouse Event: {0}", bMouseEventReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Extended Mouse Event: {0}", bExtendedMouseEventReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Keyboard Event: {0}", bKeyboardEventReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Unicode Keyboard Event: {0}", bUnicodeKeyboardEventReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Synchronize Event: {0}", bSynchronizeEventReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Client Refresh Rect PDU: {0}", bClientRefreshRectPDUReceived);
this.TestSite.Log.Add(LogEntryKind.Debug, "Received Client Suppress Output PDU: {0}", bClientSuppressOutputPDUReceived);
bool bMouseEventPassed = bMouseEventReceived || bExtendedMouseEventReceived;
bool bKeyboardEventPassed = bKeyboardEventReceived || bUnicodeKeyboardEventReceived;
bool bControlServerGrphicsOutputPassed = bClientSuppressOutputPDUReceived;
this.TestSite.Assert.IsTrue(bMouseEventPassed && bKeyboardEventPassed && bSynchronizeEventReceived && bControlServerGrphicsOutputPassed,
@"Successfully received the followings: Keyboard Event or Unicode Keyboard Event, Mouse Event or Extended Mouse Event, Synchronize Event,
Client Refresh Rect and Client Suppress Output.");
#endregion
}
}
}
|
Percutaneous revascularization of persistent renal artery in-stent restenosis.
Percutaneous renal artery stenting is a common means of treating atherosclerotic renal artery stenosis. However, renal artery restenosis remains a frequent problem. The optimal treatment of restenosis has not been established and may involve percutaneous renal artery angioplasty or deployment of a second stent. Other modalities include cutting balloon angioplasty, repeat stenting with drug-eluting stents or endovascular brachytherapy. Most recently, use of polytetrafluoroethylene (PTFE)-covered stents may offer a new and innovative way to treat recurrent renal artery stenosis. We describe a case in a patient who initially presented with renal insufficiency and multi-drug hypertension in the setting of severe bilateral renal artery stenosis. Her renal artery stenosis was initially successfully treated by percutaneous deployment of bilateral bare metal renal artery stents. After initial improvement of her hypertension and renal insufficiency, both parameters declined and follow-up duplex evaluation confirmed renal artery in-stent restenosis. Owing to other medical co-morbidities she was felt to be a poor surgical candidate and was subsequently treated first with bilateral cutting balloon angioplasty and second with drug-eluting stent deployment. Each procedure was associated with initial improvement of renal function and blood pressure control, which then later deteriorated with the development of further significant in-stent restenosis. It was then decided to treat the restenosis using PTFE-covered stents. At 12 months of follow-up, the blood pressure had remained stable and renal function had normalized. The covered stents remained free of any significant neointimal tissue or obstruction.
|
The present invention relates to a speech synthesizing method and apparatus and, more particularly, to power control on synthesized speech in a speech synthesizing process.
As a speech synthesizing method of obtaining desired synthesized speech, a method of generating synthesized speech by editing and concatenating speech segments in units of phonemes or CV/VC, VCV (C: Consonant; V: vowel), and the like is known. FIGS. 10A to 10D are views for explaining CV/VC and VCV as speech segment units. As shown in FIGS. 10A to 10D, CV/VC is a unit with a speech segment boundary set in each phoneme, and VCV is a unit with a speech segment boundary set in a vowel.
FIGS. 11A to 11D are views schematically showing an example of a method of changing the duration length and fundamental frequency of one speech segment. As shown in FIG. 11C, a speech waveform 1101 of one speech segment shown in FIG. 11A is divided into a plurality of small speech segments 1103 by a plurality of window functions 1102 in FIG. 11B. In this case, for a voiced sound portion (a voiced sound region in the second half of a speech waveform), a window function having a time width synchronous with the pitch of the original speech is used. For an unvoiced sound portion (an unvoiced sound region in the first half of the speech waveform), a window function having an appropriate time width (longer than that for a voiced sound portion) is used.
By repeating a plurality of small speech segments obtained in this manner, thinning out some of them, and changing the intervals, the duration length and fundamental frequency of synthesized speech 1104 can be changed as shown in FIG. 11D. For example, the duration length of synthesized speech can be reduced by thinning out small speech segments, and can be increased by repeating small speech segments. The fundamental frequency of synthesized speech can be increased by reducing the intervals between small speech segments of a voiced sound portion, and can be decreased by increasing the intervals between the small speech segments. By superimposing a plurality of small speech segments obtained by such repetition, thinning out, and interval changes, synthesized speech having a desired duration length and fundamental frequency can be obtained.
Power control for such synthesized speech can be performed as follows. Synthesized speech having a desired average power can be obtained by obtaining an estimated value p0 of the average power of speech segments (corresponding to a target average power) and an average power p of the synthesized speech obtained by the above procedure, and multiplying the synthesized speech obtained by the above procedure by (p/p0)1/2. That is, power control is executed in units of speech segments.
The above power control method suffers the following problems.
The first problem is associated with mismatching between a power control unit and a speech segment unit.
To perform stable power control, power control must be performed in units of periods of time with a certain length. In addition, a power variation needs to be small within a power control unit. As a unit that satisfies these conditions, a phoneme or the like may be used. However, the above unit like CV/VC or VCV has a phoneme boundary with a large variation within a speech segment, and hence the power variation is large in each speech segment. Therefore, this unit is not suitable as a power control unit.
A voiced sound portion greatly differs in power from an unvoiced sound portion. Basically, since a voiced/unvoiced sound can be uniquely determined from a phoneme type, the above difference poses no problem if the average power value of each type of phoneme is estimated. A close examination, however, reveals that there are exceptions to the relationship between phoneme types and voice/unvoiced sounds, and mismatching may occur. In addition, a phoneme boundary may differ from a voiced/unvoiced sound boundary by several msec to ten-odd msec. This is because a phoneme type and phoneme boundary are mainly determined by a vocal tract shape, whereas a voiced/unvoiced sound is determined by the presence/absence of vocal cord vibrations.
The present invention has been made in consideration of the above problems, and has as its object to perform proper power control even if a phoneme unit with power greatly varying within a speech segment is set as a unit for waveform edition.
In order to achieve the above object, according to the present invention, there is provided a speech synthesizing method comprising the division step of acquiring partial speech segments by dividing a speech segment in a predetermined unit with a phoneme boundary, the estimation step of estimating a power value of each partial speech segment obtained in the division step on the basis of a target power value, the changing step of changing the power value of each of the partial speech segments on the basis of the power value estimated in the estimation step, and the generating step of generating synthesized speech by using the partial speech segments changed in the changing step.
In order to achieve the above object, according to the present invention, there is provided a speech synthesizing apparatus comprising division means for acquiring partial speech segments by dividing a speech segment in a predetermined unit with a phoneme boundary, estimation means for estimating a power value of each partial speech segment obtained by the division means on the basis of a target power value, changing means for changing the power value of each of the partial speech segments on the basis of the power value estimated by the estimation means, and the generating means for generating synthesized speech by using the partial speech segments changed by the changing means.
Preferably, in changing the power value of each of the partial speech segments, for each of the partial speech segments, a corresponding reference power value is acquired, an amplitude change magnification is calculated on the basis of the power value estimated in the estimation step and the acquired reference power value, and a change to the estimated power value is made by changing an amplitude of the partial speech segment in accordance with the calculated amplitude change magnification. More specifically, an amplitude value of the partial speech segment is changed by using, as an amplitude change magnification, s being obtained by
s=(p/q)1/2
where p is the power value estimated in the estimation step, and q is the acquired reference power value.
Preferably, in estimating the power of each partial speech segment, whether each of the partial speech segments is a voiced or unvoiced sound is determined, and if it is determined that the partial speech segment is a voiced sound, a power value is estimated by using a parameter value for a voiced speech segment, and if it is determined that the speech segment is an unvoiced sound, a power value is estimated by using a parameter value of an unvoiced speech segment. Since parameter values suited for voiced and unvoiced sounds are used, power control can be performed more properly.
Preferably, in estimating the power value of each partial speech segment, a power estimation factor for each of the partial speech segments is acquired, and a parameter value corresponding to the acquired power estimation factor is acquired in accordance with the determination result on a voiced/unvoiced sound to estimate the power value. Preferably, the power estimation factor includes one of a phoneme type of the partial speech segment, a mora position of a synthesis target word of the partial speech segment, a mora count of the synthesis target word, and an accent type.
Preferably, a power estimation factor for a voiced sound is acquired if it is determined that the partial speech segment is a voiced sound, and a power estimation factor for an unvoiced sound is acquired if it is determined that the partial speech segment is an unvoiced sound. Since different power estimation factors can be used depending on whether a partial speech segment is a voiced or unvoiced sound, power control can be performed more properly.
Preferably, the amplitude of each partial speech segment is changed on the basis of the estimated power value and the acquired reference power value, and the reference power value corresponding to a partial speech segment of an unvoiced sound is set to relatively large. Since the amplitude magnification of a partial speech segment as an unvoiced sound can be relatively reduced, power control can be realized while high sound quality is maintained.
Other features and advantages of the present invention will be apparent from the following description taken in conjunction with the accompanying drawings, in which like reference characters designate the same or similar parts throughout the figures thereof.
|
another newsletter?
DIY Tinted Dry Shampoo
If you've ever wanted your hair smell of chocolate, then this is the DIY for you. If you're not keen on the idea of your hair smelling of chocolate, don't worry it doesn't last forever and it's worth it because this is an amazing dry shampoo!
It's so simple I feel silly even writing out a method and 'ingredients' list as you only need two ingredients! The tint comes from raw cacao powder which is actually a superfood! Raw cacao, unlike cocoa, is unprocessed and full of nutrients, minerals and is really, really high in antioxidants (over 200% more). As you would expect it's really good for your insides but will also promote a healthy head of hair too!
The second ingredient in my dry shampoo is cornflour, this helps to absorb oils, mattify hair and add plenty of volume! This is an easy ingredient to get your hands on, but arrowroot powder is another option if you see it in the baking isle.
To make the dry shampoo:
For the best tint for dark hair I use a 2:1 ratio; two teaspoons of cacao and one teaspoon of cornflour! Mix and store in a small jar (even better if you have an old sifter jar going spare!).
To apply:
I find the fastest way to apply is to dip my fingertips into the mixture and apply directly to roots, leave for a minute or so then massage the scalp and rough up the hair to dissapate the powder, then brush and be on your way! easy.
You can also use an old makeup brush (we all have plenty lying around) to press the powder onto your roots before brushing through.
This is a tinted dry shampoo for brown and auburn hair, if your hair is blonde I would skip the cacao all together and just use cornflour or arrowroot mixed with some essential oils to scent hair.
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Background {#Sec1}
==========
Internationally, there has been substantial interest in the use of pay for performance (P4P) schemes for primary care in high, medium and low-income countries. The longest standing and most comprehensive scheme, is the Quality and Outcomes Framework (QOF) for United Kingdom (UK) general practice. However, in the UK there have been increasing calls for the QOF to be abolished and in 2016 Scotland ended the scheme. The QOF now continues only in England, Wales and Northern Ireland \[[@CR1], [@CR2]\]. In early 2017, the British Medical Association (BMA) called for the QOF to be suspended to reduce bureaucratic pressures and free up clinical time \[[@CR3]\]. In April 2016, National Health Service (NHS) England commenced a review of the QOF, acknowledging that it may have 'served its purpose' and may be 'a barrier to holistic management' \[[@CR4], [@CR5]\]. Published in July 2018 the *Review of the Quality and Outcomes Framework in England* \[[@CR6]\], concluded that the scheme should be revised with a greater emphasis on an approach that would "... increase the likelihood of improved patient outcomes, decrease the likelihood of harm from over-treatment and improve personalisation of care" (p11). Among the recommended changes, the report outlined an approach that included supporting practices to undertake quality improvement activities set out in the GP contract for 2019/20 \[[@CR6]\]. It also supported the development of pooled incentive schemes or shared savings programs for networks of practices \[[@CR6]\]. In England the proposal for shared savings and financial incentive schemes signals a shift from the focus on individual practices with new incentive schemes seeking to influence primary care professional behaviour through more collective and quality improvement approaches to "... *facilitate achievement of system efficiencies and increase income for reinvestment to primary care networks*" \[[@CR6]\].
While QOF has predominantly had a clinical practice focus (some process and organisational criteria were dropped after just a few years), it has always had a practice wide impact and studies suggest it has had a significant influence on the functioning and organisation of practices \[[@CR6], [@CR7]\]. Though the QOF has had an impact on clinical practice, it has also had some unintended consequences. Understanding the importance and impact of these consequences is useful for decision-makers designing P4P schemes \[[@CR7]\].
To date, most studies of the QOF have used quantitative methods to evaluate the impact of QOF on clinical performance \[[@CR8]--[@CR10]\] and the universally high QOF achievement means that practices have little motivation to improve achievement further. However, 'high performance' does not necessarily mean 'high quality' \[[@CR6]\]. Motivation to deliver high quality care among health professionals is complex, but it is likely that other motivational factors other than financial rewards may be effective \[[@CR6]\]. Therefore, it is important to consider other ways of motivating health professionals to deliver high quality care \[[@CR6]\]. MacDonald and others have argued that it is possible to avoid unintended consequences of P4P systems if they are designed with the involvement of clinicians and aligned with their underlying values \[[@CR11], [@CR12]\]. As governments are developing schemes for quality improvement, they need relevant and context-sensitive evidence to support policy interventions, which means that there is significant ambiguity over the optimal design of such schemes to maximise efficiency and tolerability. Decision-makers are increasingly using qualitative evidence to understand various socioeconomic contexts, health systems and communities \[[@CR13]\]. Furthermore, this type of evidence is useful to assess the needs, values, perceptions and experiences of stakeholders, including policymakers, providers, communities and patients, and is thus crucial for complex health decision-making \[[@CR7], [@CR13]\].
For this paper, we conducted a meta-synthesis of the available qualitative research on QOF to identify lessons that will be useful for decision-makers in designing and implementing new incentive schemes. Drawing on evidence from the UK provides the widest range of studies on one scheme from which to develop clear lessons for those factors that might support or hinder particular behaviours and outcomes within P4P schemes.
Method {#Sec2}
======
For this review, we sought to understand impacts of QOF on the individual clinicians and other groups of professionals in primary care, using a *Lines-of-argument* (LOA) synthesis. The LOA synthesis involves building up a picture of the whole from the studies of its parts \[[@CR14]\] and assists knowledge synthesis through a process of re-conceptualisation of themes across several published qualitative papers \[[@CR14], [@CR15]\] and is a interpretative approach.
We then applied the Schwartz Value Theory as a theoretical framework to our synthesis. Schwartz proposes that there are ten broad Value Domains that are universal and fairly comprehensive \[[@CR16]\]. The theory defines these ten broad Values according to the motivation that underlies each of them (described in Table [1](#Tab1){ref-type="table"}) \[[@CR17]\]. Although the theory discriminates ten Values, it postulates that, Values form a continuum of related motivations (the circular structure in Fig. [1](#Fig1){ref-type="fig"} portrays the total pattern of relations of conflict and congruity among Values, the closer the Values are on the circular structure then that indicates that they are more congruent and the further away they are, indicates that they are more conflicting \[[@CR20]\]. The theory explains that among some Values there is conflict with one another (e.g., benevolence and power) whereas others are congruent (e.g., conformity and security) \[[@CR18]\]. One basis of the Value structure is the fact that actions in pursuit of any Value have consequences that conflict with some Values but are congruent with others. Also actions in pursuit of Values have practical, psychological, and social consequences for professionals \[[@CR17]\] and their profession \[[@CR21]\]. Table 1Schwartz Value Theory: The Ten Basic Values**Openness to changeSelf-Direction**: Independent thought and action---choosing, creating, exploring.**Stimulation**: Excitement, novelty and challenge in life.**Hedonism**: Pleasure or sensuous gratification for oneself.**Self-enhancementAchievement:** Personal success through demonstrating competence according to social standards.**Power:** Social status and prestige, control or dominance over people and resources.**ConservationSecurity**: Safety, harmony, and stability of society, of relationships, and of self.**Conformity**: Restraint of actions, inclinations, and impulses likely to upset or harm others and violate social expectations or norms.**Tradition**: Respect, commitment, and acceptance of the customs and ideas that one's culture or religion provides.**Self-transcendenceBenevolence**: Preserving and enhancing the welfare of those with whom one is in frequent personal contact (the 'in-group').**Universalism**: Understanding, appreciation, tolerance, and protection for the welfare of all people and for nature.Fig. 1Theoretical Model of Relations Among the Ten Motivational Types of Values \[[@CR18], [@CR19]\]**.** Schwartz's theory identifies ten such motivationally distinct values and further describes the dynamic relations amongst them. In addition to identifying the ten basic values, the theory also explains how these 10 values are interconnected and influence each other, since the pursuit of any of the values results in either an accordance with one another (conformity and security) or a conflict with at least one other value (benevolence and power). (Source: <https://www.sciencedirect.com/science/article/pii/S0065260108602816>)
Professionalism is fundamental to good medical practice and so Professor Dame Judy Dacre also states Medical Professionalism has changed and must keep up to date with the demands of modern day clinical practice \[[@CR22]\]. It has been postulated that the professional organisation of medical work no longer reflects the changing health needs caused by the growing number of complex and chronically ill patients \[[@CR21]\]. The Royal College of Physicians (RCP) redefined Professionalism in 2018, advising its benefits for patients, that it increases the job satisfaction of doctors, makes for superior organisations, and improves the productivity of health systems. The RCP defined Professionalism as 'a set of values, behaviours and relationships that underpin the trust the public has in doctors' \[[@CR22]\]. They described seven professional roles; doctor as healer, patient partner, team worker, manager and leader, advocate, learner and teacher and as an innovator (Table. [3](#Tab3){ref-type="table"}). The importance of Medical Professionalism has been well documented in the literature \[[@CR31]\], together with its effects on the doctors' relationships with their patients, quality of care, and ultimately health and illness outcomes \[[@CR32]\]. For that reason, we further include Professionalism as a conceptual lens to contextualise our analysis in this review \[[@CR33]\].
Search strategy and data extraction {#Sec3}
-----------------------------------
To identify relevant studies, we searched for peer-reviewed empirical research on QOF using the electronic database searching, hand-searching and web-based searching. The following databases were initially searched: Medline, Embase, Healthstar, CINAHL, and Web of Science. We also searched the reference lists of obtained papers. The details of our electronic search are included in the Additional file [1](#MOESM1){ref-type="media"}.
We included studies that reported primary qualitative research (in-depth interviews, focus groups, ethnography, observation, reflective diaries, case-studies and reviews containing qualitative analysis) of the QOF published in English between 2004 (when QOF was introduced) and 2018. We excluded studies that did not specifically focus on the QOF, UK and did not involve primary qualitative research methods.
The search of electronic databases identified 33 relevant papers (see Fig. [2](#Fig2){ref-type="fig"}, PRISMA flowchart, including reasons for exclusion). We excluded 15 papers and the 18 papers included were independently reviewed by two researchers (N.K and D.R) and any disagreements discussed. We erred on the side of caution and endeavoured to keep all the 18 studies in until the researcher (N.K.) had independently extracted data from these papers and applied the exclusion criteria. Fig. 2PRISMA Flow Diagram
The researcher (N.K.) extracted data and assessed the eligibility criteria for all retrieved papers, which were then appraised by a second researcher (D.R.). Disagreements between researchers' were resolved through discussion with S.P. Differences between researchers tended to arise because of different understandings of some of the study questions and because of different interpretations of what authors of the papers had written and generally related to the qualitative research methods used. The qualitative papers were initially quality assessed by N.K. using the British Sociological Association for the evaluation of qualitative research papers \[[@CR34]\] and if any discrepancies arose then they were discussed with S.P. The scale comprises 20 questions about the relevance of the study question, appropriateness of qualitative method, transparency of procedures, and ethics. In order to make judgements about the quality of papers, we dichotomised each question to yes or no, in a separate table. All the qualitative papers included in this synthesis were published in peer reviewed journals and adhered to transparency of high quality work.
Following the systematic steps of the meta-ethnography approach, we included 18 qualitative research studies for the final qualitative synthesis.
Data analysis and interpretation {#Sec4}
--------------------------------
Meta-ethnography is a systematic but interpretative approach to analysis that begins with noting verbatim and coded text in terms of first-order and second-order constructs. Then translation of these constructs were synthesised across papers to form third-order constructs, and finally constructing the synthesis using either reciprocal, refutational, or line of argument approaches \[[@CR15], [@CR35]\]. Our data analysis was undertaken using a 'line of argument' synthesis which serves to reveal what is hidden in individual studies and to discover a 'whole' among a set of parts \[[@CR15]\]. This method has previously been adapted for utility in the syntheses of qualitative data in healthcare research \[[@CR35], [@CR36]\]. We placed the 18 papers identified in a table that included relevant details of the study setting and research design (see Additional file [2](#MOESM2){ref-type="media"} Table. 4).
Our first-order constructs represented the primary data reported in each paper (see Additional File [3](#MOESM3){ref-type="media"} \[A3\], Table. 5). The emergent themes from the papers represented our second-order constructs (A3, Table. 5). They were extracted utilising a more fine-grained approach, in which the researcher (N.K.) went through each paper in a detailed and line-by-line manner and the papers were reviewed for common and recurring concepts. As a way of remaining faithful to the meanings and concepts of each study; we preserved the terminology used in the original papers in the grids. We then combined and synthesised these themes (taken from the published papers) to create our third-order constructs (see Additional file [4](#MOESM4){ref-type="media"}, Table. 6). Each cell of the table was considered in turn, from this, we identified our key concepts and consequent themes and once these where identified (see in an Additional file [5](#MOESM5){ref-type="media"}, Table. 7), we simultaneously mapped the concepts against the ten Values using the ten Values as our theoretical framework (Fig. [3](#Fig3){ref-type="fig"}). These were then compared with Professionalism as defined by the seven professional roles in Table. [3](#Tab3){ref-type="table"}. Fig. 3Concepts Mapped to the Ten Values
Results {#Sec5}
=======
Main findings from the synthesis {#Sec6}
--------------------------------
The 18 papers were published between 2008 and 2018 in the UK. The 18 papers included where of the providers perspective; general practitioners (GP) including GP leads, principals, partners and salaried \[[@CR23]--[@CR29], [@CR37]--[@CR42]\], nurses \[[@CR25], [@CR26], [@CR37], [@CR38], [@CR43], [@CR44]\] (practice and condition specialist) \[[@CR28]--[@CR30], [@CR37], [@CR40]--[@CR42], [@CR44], [@CR45]\], healthcare assistants \[[@CR25], [@CR37], [@CR45]\] and administrative staff \[[@CR25], [@CR26], [@CR30], [@CR37], [@CR38], [@CR41], [@CR45]\] (practice managers, IT) on their views and experiences of the QOF. The majority of papers utilised one to one retrospective semi-structured interviews \[[@CR23], [@CR24], [@CR26], [@CR27], [@CR30], [@CR40]--[@CR44], [@CR46], [@CR47]\], focus groups \[[@CR6], [@CR28], [@CR37], [@CR45], [@CR48]\], observations \[[@CR25], [@CR39]\], using thematic analysis \[[@CR27], [@CR37], [@CR38], [@CR41]\], framework approach \[[@CR26], [@CR44]\], constant comparison \[[@CR29], [@CR43]\] (additionally, see supplementary material 2 for the summary of the sample size, research questions and individual participant characteristics, including the findings from the studies).
The synthesis identified four themes (Table. [2](#Tab2){ref-type="table"}): 1) Loss of autonomy, control and ownership; 2) Incentivised conformity; 3) Continuity of care, holism and the caring role of practitioners in primary care; and 4) Structural and organisational changes. In the next section we present the thematic analysis (summarised in Table. [3](#Tab3){ref-type="table"}) which includes the application of the synthesis to the ten Values with implications for aspects of Professionalism. Table 2The Impact of the QOF Mapped to the Ten Motivational ValuesQOF modificationsSynthesis of the main findingsInfluence on ten basic values \[[@CR18]\]TemplatesGuidelinesIndicatorsGovernmental goals***(a) Loss of autonomy, control and ownership***Most papers described a sense of decreased clinical autonomy and loss of professionalism \[[@CR39]\]. They also described a sense of micromanagement from above \[[@CR28]\] and frequently cited the late communication about changes to the wider QOF and year-on-year variability in the occurrence and timing of changes to indicators as politically motivated \[[@CR28], [@CR39]\].***Congruent***PowerConformitySecurityAchievement,*Conflict*Self-directionStimulationBenevolence, Universalism Hedonism, TraditionRaised standards in basic careDrove provider careSystemized and standardised careNeglected areas of care targeted***(b) Incentivised conformity***In the papers reviewed professionals recognized that QOF had led to considerable extra income at the practice level \[[@CR29]\]. As the owners of their organizations, economic factors were more salient and apparent in principals' accounts. Subsequently the finance and achieving maximum income became an increasingly key issue in participants' beliefs about QOF and their adherence to QOF work \[[@CR28]\].***Congruent***AchievementConformitySecurityPowerTradition*Conflict*Self-directionStimulationBenevolenceHedonismUniversalismFocus on chronic disease managementCertain aspects of professionalism threatenedIndicators conflict -patient advocate***(c) Continuity of care, holism and the caring role of clinicians in primary care***Although participants in the papers reviewed emphasised the importance of traditional general practice values, such as holism and continuity, the majority felt that the 2004 changes had negatively impacted on these values. Participants related that patients now experienced less continuity with their GPs \[[@CR41]\].***Congruent***ConformityPowerSecurityAchievementpower***Conflict***BenevolenceUniversalismSelf-directionStimulationTraditionInformation technology (IT)Practice managersIncreased skill mixMonitoring systemsRecording performanceSurveillance***(d) Structural & organisational changes***All the practices that were studied in the papers included in the review had changed their modes of operation in response to the QOF \[[@CR27], [@CR29], [@CR43], [@CR45]\].Role of monitoring compliance with the coding regime which feeds into the contract monitoring system and of highlighting deficient coding and recording performance amongst staff, contributed to on-one-hand to increased surveillance and on the other to the doctors sense of self-worth \[[@CR45]\].***Congruent***PowerConformityAchievementSecurityStimulationSelf-directionUniversalism***Conflict***TraditionBenevolenceHedonismTable 3Application of the Synthesis to the Values and Implication for ProfessionalismMain ThemesApplication of the findings to the ValuesImplications for aspects of professionalism \[[@CR22]\]***(a) Loss of autonomy**Activated values***When values are stimulated, they become infused with feeling.Therefore, GPs for whom independence is an important value may experience provocation if their independence (self-direction) seemed to be threatened, discouraged when they are helpless to keep their professional autonomy (power), and would be happy when they can enjoy their freedom as self-regulated practitioners (security).***Doctor as manager and leader***Loss of autonomy impacts clinical engagement and leadership which is pivotal to the success of health systems. Doctors make decisions that determine where resources flow. Yet there is a conflict experienced between doctors as employees of huge complex systems and the autonomy of individual doctors. Autonomy is crucial for the delivery of care, but modern autonomy is more complex and nuanced and needs greater judgement \[[@CR22]\].***Control and ownership***Professionals appeared preoccupied by their lack of control in achieving indicator targets (achievement), especially if dependent upon patient cooperation, quality of care (security), and implementation of outsider perceived changes (power) \[[@CR23], [@CR24]\].***Doctor as team worker***Relinquishing control is important to allow an important component of teamwork as professional satisfaction, engagement, and effective teamwork improves patient outcomes and satisfaction, as well as organisational performance and productivity. Teamwork has become more important because of the growing complexity of patients' problems and health systems, and the increasing range of possible interventions \[[@CR22]\].***(b) Incentivised conformity**Motivating actions***Those GPs for whom social order, justice, and medical superiority (power, achievement, and security) are important values are motivated to pursue these incentivised goals (self-satisfaction) in the context of pay for performance schemes.GPs' values form an ordered system of priorities that characterise them as individuals and general practitioners (professionalism) with specialist set of values, behaviours and relationships that underpin the trust the public has in doctors \[[@CR22]\] (tradition, benevolence, universalism, tradition). GPs that hold expert positions as generalist medical practitioners are seen as first point of contact for patients in healthcare services (power, security). They offer a doctor patient relationship with mutual understanding of problems that are brought into the practice (tradition, benevolence, universalism).***Doctor as advocate***Professionalism requires that doctors' advocate on behalf of their patients, all patients and future patients, yet incentivised conformity and indicators conflicted with this aspect. However, this was one concern that should be given the highest priority to advocate on patient safety. Raising concerns about poor care, or the potential for poor care, is a professional duty for all doctors but is not easy; such advocacy needs training, practice, and mentorship \[[@CR22]\].***(c) Continuity of care, holism and the caring role of clinicians in primary care**Consequences of cherished values***Holism and continuity of care (benevolence) for example are relevant in the workplace for GPs (universalism). There was a tension between the standardised QOF driven care, being 'patient-centred' with clinicians reporting that "it's not always easy to deal with disregarding, or setting aside a patient's' perceived need or to move onto a more pressing practice target (conformity) during personal discussions" \[[@CR23], [@CR25]--[@CR30]\].The trade-off between relevant, competing values guides attitudes and behaviours. When values are shown to be in conflict, not corresponding to the cherished value, then do practitioners attribute more importance to their achievement (completing QOF targets, case finding etc.) or justice (work in best interest of others, benevolence, universalism), and to novelty or tradition (medical model).Any attitude or behaviour typically has implications for more than one value. For example, A 'tick box' approach to medicine encouraged by pay for performance indicators might express and promote EBM and conformity values at the expense of hedonism and stimulation values for GPs. Values influence action when they are relevant in the context (specific) -- such as in pay for performance (hence likely to be activated) and important to the GPs (Status, professional progression, and EBM -- achievement, power, security) and bureaucrats (focus on GPs performance to the QOF targets-conformity).***Doctor as patient partner***The patient--doctor relationship is at the core of the doctor's work. The traditional relationship of patient deference to doctors has been replaced by an equal partnership. Values, including integrity, respect, and compassion must underpin the partnership with patients. Integrity involves staying up to date, but also being willing to admit one's limitations. Doctors can show respect for patients by listening to them actively, involving them in decisions, and respecting their choices (patient centred). Compassion means not just recognising the suffering of the patient, acting to reduce the suffering \[[@CR22]\].***(d) Structural & organisational changes**Multiple values***Values guide the selection or evaluation of actions, policies, people, and events in practice organisations. Hence, GPs in self-regulated disciplines (self-direction) decide what is good or bad, justified or illegitimate, worth doing or avoiding, based on possible consequences for their cherished values. But the impact of values in everyday decisions is rarely conscious and activates a multiple set of values. The results show GP values entered awareness when the QOF actions or judgments GPs were considering had antagonistic or conflicting implications for multiple values they also cherished. Such as undertaking templates use (IT) during consultations. GPs are guided by professional practice which is regulated by the guidelines agreed by GPs. They work to a degree, autonomously although subject to audit and some monitoring. QOF impinges by directing activity in a standardised way (conformity, power).***Doctor as innovator***The challenge for doctors is how to innovate amid the innovation happening all around them.The use of machine (in this context -template) learning was feared could lead to the diluted face-to-face patient doctor consultations with a collaboration in which the machine (template) becomes effectively an independent actor.It is doctors, rather than machines, who can provide solidarity, understanding, and compassion to patients \[[@CR22]\].
Loss of autonomy, control and ownership {#Sec7}
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We found that this theme identified from the published papers \[[@CR6], [@CR25]--[@CR28], [@CR30], [@CR42]\] included professionals' submission to the QOF targets despite their applied concerns. Such as the ethical distress caused by a reductionist approach to managing markers of chronic disease and its being incompatible with the humanitarian values of general practice \[[@CR49]\]. For instance most health professionals believed that they needed to place biomedical care in the context of their patients' concerns and life experience \[[@CR50]\]. We also found that professionals wanted to retain control and clinical autonomy; however on closer examination and within the context of the QOF this took the form of modifying the way structured tools of the QOF were utilised by the professionals.""The more templates that get introduced, it takes away the clinicians freedom and that sort of rapport that you can build with a patient is much more difficult when you have to go through set (depression score) questions." (p. 413 ) \[[@CR42]\]"""...but I don't particularly like them\... because I tend to write my notes and then do everything on the computer when the patients gone." (p. 57) \[[@CR45]\]"
Both, professionals and patients were aware of the QOF targets acting as an independent mechanism of control, which essentially changed the nature of the discussion between patient and professionals \[[@CR26], [@CR29], [@CR44], [@CR45]\].""Some patients will come to you and they'll plead with you, 'Please don't give me any tablets, I'll bring my blood pressure down, I'll do anything. I'll bring it down', and again they're not horrendously high, they're like say 140/90 or whatever ... but we're saying to them 'well, look we've checked it three times now and it remains raised, you're clinically classed as hypertensive, we follow these guidelines and this is what we should be doing with you." (p. 143) \[[@CR25]\]"
Nearly all the published papers showed that the main motivation for practice staff to follow the QOF targets was the link with income loss \[[@CR23], [@CR24], [@CR26], [@CR29], [@CR40]--[@CR45]\].""So if you deviate from that \[QOF\] because of the individual need. You have complete autonomy to, but there are financial implications to you because of that...So you still have autonomy, but you lose income." (p. 57) \[[@CR24]\]"
This created a conflict for practice staff and suggested a decreasing sense of clinical autonomy. Especially in areas that were clinical and easy to measure and were bound by templates or driven through the use of IT tools \[[@CR24], [@CR42]\]. Respondents in one of the papers suggested that most of the internationally agreed attributes of medical professionalism were not perceived or described as being threatened by the introduction of the QOF \[[@CR42]\]. Although, on further analysis we found that acquiring a say in the development of indicators was important to GPs and was linked to freedom to practise in the patient's best interest, indicating that aspects of Professionalism were being affected \[[@CR22]\].
Incentivised conformity {#Sec8}
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The papers indicated that extensive improvement in QOF scores was perceived as a result of consistency and recording of incentivised activities, the outcomes and new protocols being introduced within practices and that these were now connected to the wider governmental objectives through the mechanism of the QOF \[[@CR23], [@CR24], [@CR26], [@CR29], [@CR40]--[@CR45]\].""...There are lots of systems in operation here that other people are operating." (p. 53) \[[@CR45]\]"""It's raised standards, narrowed health inequalities, and introduced evidence-based medicine and err the rest of the world look up on err us and our implementation of QOF with a degree of envy. Its evidence-based medicine, standardised care." (p. 412) \[[@CR42]\]"
Respondents in papers reviewed, also stated that the incentive payments attached to QOF did drive provider behaviour and that it encouraged them to work towards performance targets \[[@CR23]--[@CR26], [@CR29], [@CR40]--[@CR45]\].""They're trying to control our income and we're trying to get as much money out of them as we can." (p. 412) \[[@CR42]\]"
Financial rewards in return for extra work was felt to have increased morale for some within the profession \[[@CR23], [@CR25], [@CR30], [@CR40]\].""We're so hard up at the moment, so desperate for income wherever we can get it, you can't afford to pass up a chance of income, so that's probably as much a driver . . . even if we didn't necessarily buy into the clinical benefit, it was worth doing to try and earn the money because we needed to." (p. 7) \[[@CR26]\]"
Practices had experienced rising practice income and our synthesis findings indicated that certain Values were enhanced by this, particularly power, achievement, conformity, security, and tradition values (Fig. [4](#Fig4){ref-type="fig"}). Future P4P schemes should aim to support Values such as benevolence, self-direction, stimulation, hedonism and universalism, which professionals ranked highly and have shown to have positive implications for Professionalism and the efficiency of health systems (Fig. [5](#Fig5){ref-type="fig"}). Correspondingly, lower job satisfaction was associated with intention to leave general practice \[[@CR51]\]. The papers in the synthesis suggest that the rising income was also linked to the practices adherence to the QOF as a factor that led to the gradual routinisation of the scheme into everyday practice increasing systematised and standardised care \[[@CR25], [@CR26], [@CR29], [@CR30]\]. It was also acknowledged that some aspects of neglected clinical activity were appropriately targeted by QOF.""Patient care has definitely improved because we've been doing that, and so I think some people believe we're number crunching but I don't think we are in this practice, I think we are actually meeting targets the patients' care is benefiting." (p. 52) \[[@CR45]\]"
Therefore, any changes to QOF are and will be controversial mainly because they represent a substantial proportion of general practitioners' incomes \[[@CR52]\]. Setting the political machinations to one side (the Department of Health has been clawing back from the original settlement since 2004); Gillam and Steel believe that the incentive payments in the QOF also comprise too large a proportion of general practice income. They suggest that money should be taken out of the QOF and redirected to supporting general practice in other ways \[[@CR52]\]. However, there is no link between the size of the financial incentive and likely health gain from the activity incentivised \[[@CR53]\]. Fig. 4The values Impacted by the QOFFig. 5Values that were Congruent with the QOF and Values that were Aligned with Professionalism
There was also a greater acceptance of standardised approaches \[[@CR23], [@CR25], [@CR29], [@CR30], [@CR40]\] which may have restricted personalised care for the individual patient. Even complicated the management of multiple conditions over time \[[@CR52]\] and narrowed the focus of the consultation, reducing the time to deal with the wider context of the illness \[[@CR37]\]. Further confounded by very limited access to specialist input for patients with more complex treatment resistant or recurrent mental health problems \[[@CR37]\].""We developed this zero tolerance to blood pressure a while ago, no one is allowed to say it's a little bit up leave it, it's not acceptable so it has to be if it's up do something about it, if you're not doing something about it because if we go and find they're not on target and you look and they've seen somebody and they've not acted on it yeh, I'll have a little word." (p. 55) \[[@CR45]\]"""...the interesting thing for me is that since the introduction of PHQ-9 I find in terms of material I'm treating the score, not the patient. Because, you know, it's such a short barrier in the consultation." (p. 282) \[[@CR37]\]"
Yet, this does not diminish the ethical imperative to practise in the light of best evidence and the challenge is to deliver good quality technical care for medical conditions while simultaneously considering what is in the best interests of the whole person \[[@CR52]\].
Some of the QOF's design flaws are inherent to all pay for performance schemes \[[@CR54]\]. As such, areas of high performance will continue to elicit negative feelings, arising from scepticism about achieving maximum points \[[@CR23], [@CR25], [@CR29], [@CR30], [@CR40]\].""I think it's anyone who gets maximum points is probably bent, I think it's almost impossible to get maximum points without some kind of fudge. That maybe unkind but we haven't got maximum points. . . I think its easy just to tick the boxes when you haven't done it." (p. 137) \[[@CR44]\]"
Time pressures were reported to be the motivating factor for prioritising areas of care that were financially incentivised \[[@CR30]\].""I think because there is limited time and if you have to focus on something in order to get the money, obviously if you don't have the time, then it's going to be ignored automatically." (p. 1059) \[[@CR30]\]"
Continuity of care, holism and the caring role of practitioners in primary care {#Sec180}
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Continuity of care, was a central feature of both doctor and practice nurse roles. Organisational and structural changes were attributed to the loss of continuity of care; consequently, accessing the same GP was difficult for patients.""Increased staff numbers and changed working patterns had contributed to a loss in continuity of care and choice of who to see. The appointment targets paradoxically seemed to have made access worse in many practices, due to requirements to book on the same day . . . We've had to have increased staff and then you very quickly lose continuity if you've got a lot of people waiting." (p. 136) \[[@CR44]\]"
For most nurses, interpersonal continuity was described as a relatively new feature of their role as they assumed further responsibility for patients with chronic conditions \[[@CR40]\].""...with asthma, the patients are beginning to see the same nurse, you know, rather than a different GP... I will see the diabetics and they know that I've been trying to say to them, 'Can you come, you know you can always come back,' and I always try and make it so that there is open access for them if they have got a problem." (p. 230) \[[@CR40]\]"
Holistic care and the caring role of GP practitioners was not recognised in the QOF despite this being seen as a core component of clinical professional roles \[[@CR22]\]. Patient-centredness was deemed to be of pronounced significance in the papers reviewed \[[@CR28], [@CR29], [@CR39], [@CR43]\]. However, there was a tension between the standardised QOF driven care and being 'patient-centred' with practitioners reporting that 'it's not always easy to deal with disregarding, or setting aside a patient's' perceived need or to move onto a more pressing practice target during these personal discussions' \[[@CR24]--[@CR26], [@CR28]--[@CR30], [@CR40]\].""I tend to deal with the problem patients come with first. And then if it's appropriate to ask questions, you know, ticking the boxes, I will do that at the end of the consultation." (p. 231) \[[@CR40]\]"""We spend a lot of time visiting\... and yet frequency of home visits doesn't get QOF points \... Caring, that's what doctors do." (p. 136) \[[@CR43]\]"
Papers showed that GPs were more likely to exception report indicators they perceived as having relatively little systematic evaluation or that they were not proven to work. They felt the indicator was contrary to their role as a patient advocate and in their clinical judgement, not relevant to individual patient-centred care \[[@CR46]\]. Patient-centredness was defended by professionals in 'everyday practice', given the relevance to patient care and the patient-doctor relationship \[[@CR52], [@CR55]--[@CR58]\].""...Well I think it has put a lot of strain on the partners and practices to get all the QOF points ... I mean when it came to get all these points just to get more money, I think it's put more strain on doctors and it has lost the ... just normal care for patients, taking them as a patient rather than as another ... object to get points." (p. 283) \[[@CR23]\]"""I think that the art of the job has declined and, I don't know, the sense of feeling that you could be with people rather than be doing. It's quite hard to define but there's more to general practice than doing \... clinical things." (p. 136) \[[@CR43]\]"
The synthesis indicates that the QOF embodied an approach to achieving evidence-based medicine (EBM), yet we found no evidence in the papers that linked the compatibility of EBM with a more holistic approach to patient-centred care, as perceived by the professionals and as linked to achieving aspects of Professionalism.
Structural and organisational changes {#Sec9}
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QOF was viewed as increasing the responsibility of lead partners (doctors) in most areas of their practice. This included supervising the work of nursing colleagues, which was seen as an increase in their workloads \[[@CR26], [@CR28], [@CR40], [@CR44]\].""There is an environment and ethos of increased surveillance and performance monitoring." (p. 232) \[[@CR40]\]"""I suppose it feels like I'm being watched. It's a bit like big brother -- you've not ticked these boxes." (p. 232) \[[@CR40]\]"
For some, this has come at the expense of work life balance which manifested as an astonishment with the way their selected profession grasped such issues \[[@CR24], [@CR43], [@CR44]\].""My practice does not understand the concept \[work life balance\]. And I, we've two or three away days a year, I'm often talking about it. And they don't understand. They'll take me aside and 'what do you mean?' I just find that astonishing you know..., if you have a bereavement of this or that, you just get on with it basically and you don't expect to be sick for anything... So I mean its just life I've chosen, it's very busy but I do manage to stay sane through it." (p. 54) \[[@CR45]\]"
Salaried GPs carried less responsibility for QOF activity than the QOF leaders in areas such as surveillance of others, meeting targets on time, and for the business side of the practice \[[@CR23]\].""I think the balance of, of that is \[partners\] have a lot more responsibility\...you have to take a lot more responsibility for the practice and more leadership. And I quite enjoy \... coming in doing the job and, and not having to worry about that so much. And you get paid more money but I think the balance of the hours you'd be spending and their stress of the job would probably be higher as a partner." (p. 284) \[[@CR23]\]"
Those who eventually wanted to succeed to GP principal status took greater responsibility for QOF activity from those who wanted to remain salaried \[[@CR24], [@CR40], [@CR45]\].""But sometimes you do feel that you are not really involved in decision making. That's fine for some people, but for me, I do like a bit of control. So I think at the moment its fine, but I think eventually I would want part of the decision making process." (p. 285) \[[@CR23]\]"
We found that the QOF also impacted the role of nurses but not entirely in same way as it did their GP Colleagues \[[@CR43], [@CR44]\]. Nurses initially perceived the changes to their role to be beneficial, which led to professional progression (related to achievement values), however not to any greater authority or any increase in status, which for their GP colleagues were achieved through alignment with the QOF income.""I'm not comparing it \[GP salary\] to what the papers say they were walking off with, but (they got) financial rewards for a lot of the work that has been done by nurses." (p. 714 ) \[[@CR43]\]"
P4P schemes have been focused on certain medical professionals that make up the healthcare workforce, and the incentives were focused on rewarding those professionals. Our analysis indicates that the QOF work was distributed throughout primary care practice, involving nurses, managerial staff and healthcare assistants but without monetary reward for these groups \[[@CR28], [@CR43], [@CR44]\] and this was experienced by other practice staff as an injustice in the reward system. Yet, the effect of income inequality on population health status continues to be described and the link between population health status and socioeconomic status has long been recognised \[[@CR57]\] however this link was discounted by the scheme.
Our analysis also showed that except for certain medical professionals, all other groups that made up the primary care staff adhered to the targets without the incentivised reward. As such monetary gain was not the only powerful determinant of employee motivation or positive returns in terms of the QOF performance and success. We also found that the QOF changes for nurses were experienced in isolation of their self-interest and power values, or formal rank (specific to the Nursing discipline), inferring a feeling of continued inequity in primary care practice and healthcare systems.""Because the workload had increased particularly monitoring wise. We needed to do an awful lot more monitoring of the routine measures. So the combination of that, plus the fact that our nurse had done the diabetes course and asthma course and a prescribing course, we felt that she could move on to something a bit more senior and someone else \[the new healthcare assistant (HCA)\] could do the routine blood pressures and bloods." (p. 56) \[[@CR24]\]"
As a consequence of achievement and increase in workload, the papers in the synthesis revealed that there was an increased blurring of the boundaries with other medical tasks and between different practitioners \[[@CR25], [@CR28], [@CR43], [@CR44]\].""I do in fact do most of the work for the contract and in many ways that's not a good thing as it is supposed to be team work." (p. 714) \[[@CR43]\]"""\... We do the work, the doctor gets the rewards and it is up to him whether he decides to pass it on or not because he gets the global sum now. So that is a bit of a conflict with a lot of the nurses at the moment. So our role and responsibility has expanded but at the same time the wages are staying much the same." (p. 714) \[[@CR43]\]"
IT systems were seen as a beneficial tool to help professionals as a form of a reminder, to manage record and collect relevant patient illness related data. But on the other hand, it was a system that made visible the performance of professional work against what was increasingly experienced as 'outsider implemented targets'. It was not perceived as well by the professionals \[[@CR23], [@CR40], [@CR44], [@CR45]\] as there was little scope for the professionals' to retain personal beliefs or to include patient agendas during reviews \[[@CR26], [@CR29], [@CR43], [@CR44]\].""The more templates that get introduced, it takes away the clinicians freedom and that sort of rapport that you can build with a patient is much more difficult when you have to go through set \[depression scores\] questions." (p. 413) \[[@CR42]\]"
Application of the findings to the Schwartz value theory and implications for professionalism {#Sec10}
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In addition to identifying ten basic Values, the Values Theory explicates a structure of dynamic relations among them (see Fig. [1](#Fig1){ref-type="fig"}). One basis of the value structure is the fact that actions in pursuit of any Value have consequences that conflict with some Values but are congruent with others. Essentially, choosing an action alternative that promotes one Value (e.g., following template work---conformity) may literally contravene or violate a competing Value (disregarding a patients concerns---benevolence). When we think of our values, we think of what is important to us, each of us hold numerous values (e.g., achievement, security, benevolence) with varying degrees of importance \[[@CR18]\]. Furthermore, those actions in pursuit of some values alone had practical, psychological, and social consequences for professionals.
Participants in some papers stated that most of the internationally agreed attributes of Medical Professionalism were not perceived or described as being threatened by the introduction of pay for performance \[[@CR42]\]. Contrariwise, the findings of the synthesis revealed that there was some discord experienced by practitioners with some aspects of Professionalism which we present in this section (See Table. [2](#Tab2){ref-type="table"}).
Triggered values: relinquishing control and retaining independence {#Sec11}
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Complexity of both patient problems and health systems now requires professionals to work as an interrelated team within the newer hierarchies and hence a relinquishing of control in achieving QOF targets. Initially the issue of retaining control in making decisions in clinical practice was seen as a contentious issue. The concerns were especially regarding who, which or where the body of evidence that was influencing 'everyday clinical decisions was originating from' \[[@CR24], [@CR45]\]. Other concerns were about government regulation and its influence on the process of care and protecting the well fare of patients and their treatment \[[@CR24], [@CR45]\]. Schwartz argued that when Values are triggered, they become infused with feeling \[[@CR16]\]. For instance, Schwartz posited four steps in the activation of personal norms that apply equally to basic values \[[@CR17]\]. These steps include, awareness of need, awareness of viable actions, perceiving one-self as able to help and then triggering a sense of responsibility to become involved. The synthesis indicates that the introduction of QOF targets influenced behaviour of professionals and it was the operative feature of the targets that triggered the Value for independence linked to the welfare of patients and the care they received (self-transcendence value). Consequently, it was the tension experienced by GP's in routine practice between their accountability and role requirements under the QOF conditions, which indicated a decrease and loss of professional autonomy. It is important to acknowledge that professional autonomy is recognised by the Royal College of Physicians as a core professional value (Table. [2](#Tab2){ref-type="table"}) \[[@CR22]\]. Our analysis proposes that GPs further experienced self-restriction, hierarchical struggle, and outsider control due to the tension imposed by the QOFs influence on the development of indicators. In particular, the Values that were aligned to Professionalism, such as self-direction and stimulation seemingly were experienced as opposing the security, conformity and tradition values, supported by the QOF (Fig. [3](#Fig3){ref-type="fig"}). As a result, the restrictiveness of the self-direction Value may have led to the triggering of these conflicts. There were other aspects of the indicators where medical professionals themselves had limited influence (e.g. patient co-operation and access), which further challenged their confidence in achieving the QOF targets \[[@CR26], [@CR42], [@CR46]\] causing concern.
Incentivised conformity in driving the required actions {#Sec12}
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Typically, people adapt their values to their circumstances \[[@CR59]\] and they successively upgrade the importance they attribute to values they can readily attain and downgrade the importance of values whose pursuit is blocked \[[@CR59]\]. When the QOF was first announced, primary care had been underfunded, there were large variations in quality between doctors, and general demoralisation within the primary care workforce \[[@CR60]\]. Studies in our review suggest that QOF related behaviours raised the profile of general practice (achievement, power, status). This (already) set context may have also contributed to high QOF opt in rates (voluntary) for this P4P scheme in general practice. However, upgrading attainable values and downgrading thwarted values applies to most, but not to all values \[[@CR55]\]. We found that Values that concern material well-being achievement, power and security were particularly aligned to the QOF. We also found evidence that when such Values were obstructed, their importance increased and when they were easily attained their importance dropped \[[@CR61]\].""Well it's certainly improved my income. Probably increased my workload, not to the same degree as it increased my income. But I'm a bit worried that we've sold our soul to the devil to some degree, because they can change the goal posts later." (p. 230) \[[@CR40]\]"
The presence of the QOF was a requisite and binding, so despite having the choice to opt in, 'no way out' of QOF was experienced by those that were in specific QOF leadership roles \[[@CR24]\]. Those GPs, for whom social order, justice, and helpfulness in the specific context of the QOF work were important values, would ideally be the target individuals and therefore most likely be motivated to pursue the incentivised goals in the context of this P4P scheme. This however, was experienced by others as confusing in relation to their role of the professional as a patient advocate. For example following a form of prescriptive QOF work was experienced as, taking away time to listen to patient concerns \[[@CR29]\] which were perceived as participating in a form of 'poor' or 'low value' patient care impacting the patient-doctor relationship. RCP suggest this aspect of Professionalism requires training, practice, and mentorship to highlight such antagonisms in patient care \[[@CR22]\]. Marcotte et al., propose physicians can and should embrace professionalism as the motivation for redesigning care. Payment reform incentives that align with their professional values should follow and encourage these efforts; that is, payment reform should not be the impetus for redesigning care \[[@CR62]\].
Significance of cherished values; continuity of care, holism and the caring role of clinicians in primary care {#Sec13}
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Values guide the selection or evaluation of actions, policies, people, and events. Therefore, medical professionals work in self-regulated disciplines, where the profession sets out the parameters of what is good or bad, justified or illegitimate, worth doing or avoiding, based on possible consequences for their cherished values \[[@CR22]\] that are related to their profession. However, the impact of Values in everyday decisions is rarely conscious, power values can conflict with universalism and benevolence and these were evident in the accounts of professionals' which resulted in high arousal to maintain professional behaviours that were linked to their role as patient partners and that were aligned especially to Professionalism (Fig. [5](#Fig5){ref-type="fig"}).""It distracts from the consultations and it can leave you know feeling a bit confused and perhaps as though that, the thing the patients regard as the problem hasn't been addressed properly." (p. 8) \[[@CR26]\]"
The conflicts in Values or changes that were occurring would not have been at the forefront of every professional's awareness, not until they had started to operate under the QOF conditions or for example when they experienced or became aware of a discontinuity of care for the patients in their daily practice.""In a sense that it's still a patient presenting to a doctor with a problem, yes it is the same as it always was. The difference is that it's more likely that the patient and the doctor won't know each other." (p.230) \[[@CR40]\]"
This highlights the importance of intrinsic motivations \[[@CR6], [@CR23]\] for professionals in their day to day work, which if thwarted leads to deepening any individually held disappointment with their profession (satisfaction, stimulation). Recent, GP career intention data has shown that morale had reduced over the past 2 years and intention to leave/retire in the next 2 years increased from 13% in the 2014 survey to 18% 2017 \[[@CR51]\]. As a result the theme of personal congruence carried the message that the internal values of a doctor should match the external behaviour and actions \[[@CR63]\].
We found that the QOF work was more amenable to the values under conservation and self-enhancement dimensions, and hence directly opposed to the values under self-transcendence and openness to change dimensions (see Fig. [4](#Fig4){ref-type="fig"}). As a result, practitioners who were self-directed and worked for the welfare of patients were constrained in their ability to use knowledge attained from previous interactions (patient agendas) with patients in guiding future consultations. This may have led professionals to view standardised care as a 'box-ticking' exercise, and at odds with their professional training and their caring role \[[@CR30]\]. Holism and patient-centred care were significant values that were particularly vulnerable to QOF changes.""I thought that you were supposed to tailor this care to every individual patient and meet patient needs\...I think it takes away patient, you know, centred care really\...I don't think people appreciate being phoned up all the time and reminding them to come in and things\...rightly or wrongly \[lead partner\] strives for perfection and I think sometimes you have to acknowledge you don't get perfection all the time and whenever you're dealing with patients and people you'll never get perfection anyway." (p. 56) \[[@CR45]\]"
Some of the papers, described the need of professionals to defend efforts to continue to deliver non-incentivised care as part of their professional role \[[@CR25], [@CR44], [@CR45]\].
Initially, some GPs were apprehensive about the consequences of implementation of indicators in 'everyday clinical practice' \[[@CR26], [@CR29], [@CR30]\]. Furthermore, there seemed to be insufficient governmental, organisational, administrative, executive, and managerial recognition of the link between the 'doctors on the ground floor' working in 'everyday clinical practice', and the consequences for 'routine clinical practice' and for the professional-patient relationships \[[@CR24], [@CR25], [@CR45]\]. Acquiring a say in the development of indicators through negotiations between the BMA and the NHS was an important aspect for professionals, linked to freedom to practice 'in patients' best interest' \[[@CR6], [@CR24], [@CR42], [@CR45]\].""I'd like to see performance measures that really reflect the care." (p. 553) \[[@CR46]\]"""\...Some things are \...within the control of the providers, but some things really aren't, even done \... with good intent." (p. 553) \[[@CR46]\]"""\...Often what happens with physicians is things are mandated to us and we don't have any input in\...the process of how things some to us." (p. 553) \[[@CR46]\]"
Valderas et al., recommends that person-centred care should be a guiding principle for the development of assessment frameworks and quality indicators. As people-centredness is a core value of health systems, which acknowledges that individual service users should be the key stakeholders and their values, goals and priorities should shape care delivery \[[@CR64]\].
Structural & organisational changes: the trade-off between multiple values {#Sec14}
--------------------------------------------------------------------------
The synthesis showed that all practices had changed their styles of operation in response to the QOF \[[@CR24], [@CR25], [@CR44], [@CR65]\]. This involved an increase in the number of administrative staff, including those with responsibility for information technology (IT) \[[@CR25], [@CR65]\] and the new managerial stratum worked to align clinical activities to the wider organisational goals \[[@CR24]\].
The findings from the synthesis also propose that the QOF targets that were aligned to the conservation and self-enhancement values of GPs, had led to extra income and sizable pay differentials at the practice level were the enabling factor that allowed for the vast organisational and structural changes that took place. These changes were described as a success (achievement) for practices and patients.""...it's benefitting the patients, that they don't get missed , they don't slip through the net, they get their medicines reviewed, they get their blood tests, they're kept on optimum treatment." (p. 135) \[[@CR44]\]"
Subsequently, the threat to status through competition (stimulation) was seen as a motivator \[[@CR26]\].""It does feel a bit like competition with other surgeries, I don't know how others feel but I wouldn't like to come last in our locality." (p. 7) \[[@CR26]\]"
Yet, those professionals who were motivated to remain self-directed and aligned their behaviours and attitudes to the welfare of patients, experienced restriction in their ability to use the knowledge attained from patient interactions to guide their future consultations.""So it's made the two agendas a little bit clearer and I guess you've always had a health agenda and mine is probably never been the same, but now that mine is encapsulated by QOF...it's a bit more blatantly not the same. So I think there is an intrusion there and it's not an entirely patient-led agenda, because you've got things that you want to do that you think are more important." (p. 231) \[[@CR40]\]"
Professionals were making the trade-offs among relevant opposing values based on the QOF targets and that these were guiding the attitudes and behaviours of health care providers in their practice. When Values are in conflict, practitioners will often attribute more importance to the achievement of one set of values at the expense of the others. This hierarchical relationship between values also distinguishes values from norms and attitudes that can be followed unfeelingly. Any attitude or behaviour typically has implications for more than one value, for example, a 'tick box' approach to medicine encouraged by P4P indicators promoted EBM and conformity values leading to success, achievement and status at the expense of self-direction, hedonism and stimulation values.
Discussion {#Sec15}
==========
This study involved a meta-synthesis of qualitative studies of provider views of the QOF program. We analysed the literature through the lens of Schwartz's, Theory of Values as a theoretical framework and to contextualise our analysis we also used Professionalism as a conceptual lens. Using this theoretical framework, we found that QOF related work was experienced by providers as incongruent with their self-direction and benevolence values that are pivotal to professionalism as defined by the Royal College of Physicians \[[@CR22]\]. This understanding is likely the result of the QOF being experienced as a mechanism of value activation for only certain values (see Table [2](#Tab2){ref-type="table"}). Values affect behaviour only if they are activated \[[@CR61]\]. Activation may or may not entail conscious thought about a value and much information processing occurs outside of awareness \[[@CR61]\]. The more accessible a value (the more easily it comes to mind) and the more likely it will be activated and because more important values are more accessible, they relate more to behaviour \[[@CR18], [@CR66]\]. For policy and decision makers such insights are valuable in terms of designing P4P schemes. In a report on designing incentive payments for quality care the Conference Board of Canada identified three key guiding concepts -- getting the right blend of incentives, alignment with health care goals, global experience and human motivation \[[@CR67]\]. Also recognising the importance of values the NHS England review of QOF argued that the scheme needed to be to repositioned *"... as a scheme which recognises and supports the professional values of GPs and their teams in the delivery of first contact, comprehensive, coordinated and person-centred care*" \[[@CR65]\].
Our analysis suggests that the pursuit of achievement Values in QOF related work was experienced as compatible with the pursuit of wealth, authority, success, and ambition values that were linked to seeking personal success for GPs. This was likely to reinforce and be supported by QOF actions that were aimed at enhancing GPs social position and status. This also included expanding practice activity, size and overall income, which may be considered as organisational success factors by some GPs. Values such as creativity, social justice, equality, benevolence were experienced as restricted as a result of the QOF targets. Accordingly, when Values are activated, they become infused with feeling both positive or negative \[[@CR18]\]. Our synthesis has shown that definition of 'high quality care' must be accepted by general practitioners for it to be integrated into practice behaviour. If it is merely derived from an 'outside regulation' of clinical practice and assembled by an 'outside agency' it will not achieve enduring behaviour change \[[@CR24], [@CR25], [@CR45], [@CR65]\].
The direct involvement of providers in the definition of 'high quality care' could be one mechanism to balance the discord that was experienced with QOF work. Correspondingly, quality improvement initiatives that are constructed and implemented for the patients' benefit should be compatible with both EBM and encompass a \`patient-centred' approach. Embedding concepts of high quality primary care, such as those highlighted by Mead and Bower which include a biopsychosocial perspective, \`patient-as-person', sharing power and responsibility, therapeutic alliance, and \`doctor-as-person' in quality improvement initiatives may alleviate some of the tensions that have created unease in general practice as a result of the QOF \[[@CR68]\]. A recent systematic review has shown that four of Mead and Bower's dimensions are still relevant today, and 'coordinated care' was a new dimension, reflecting increasing complexity of the health care system \[[@CR69]\]. This will likely become more significant as integrated care is planned as a more efficient client-oriented health model \[[@CR70]\].
The papers in our analysis described the caring role that encompassed softer values such as the pursuit of novelty, change and stimulation values was likely to be seen to undermine the safeguarding of older customs/tradition values of medicine such as the more biomedical care model. Our analysis also demonstrates that the pursuit of traditional values (clinician-centred care, EBM, and templates) is essentially congruent with the pursuit of conformity values as both motivate actions of submission to external expectations (QOF targets). The Values Theory suggests that everyone experiences conflict between pursuing openness to change values or conservation values and between pursuing self-transcendence or self-enhancement values. Conflicts between specific Values (e.g., power vs. universalism, tradition vs. hedonism) are also near-universal \[[@CR18]\].
Values serve as standard or criteria and they tend to guide the selection or evaluation of actions, policies, and events. For example, individuals also decide what is good or bad, justified or illegitimate, worth doing or avoiding based on possible consequences for their cherished values \[[@CR18]\]. Achieving some kind of balance in this now appears to have been crucial and the evidence suggests that embracing a more complimentary working between the two, with more focus on the combined efforts is more likely to drive successful complex initiatives. Historically, practices have been autonomous in managerial terms and GPs have been traditionally independently minded \[[@CR71]\]. They possess a wide range of norms and values, many of which are desirable but some of which may not be suited to the changes required in complex health systems. For this reason, there are obvious tensions within this relationship with regards to the changes that are 'softly required' by health system managers \[[@CR72]\]. The synthesis suggests allowing practitioners with competing high priority values to be part of quality improvement initiatives, to take on an influencer role within those initiatives, instead of being 'responsive agents' \[[@CR73]\]. Initiatives need to consider and engage with concerns of professionals as changes occur in health systems, with timely consultation, piloting and prior to implementation \[[@CR42]\].
Strengths and limitations {#Sec16}
-------------------------
Meta-ethnography does offer considerable potential for preserving the interpretive properties of primary data \[[@CR74]\]. We acknowledge that the qualitative synthesis cannot be reduced to a set of mechanistic tasks, which raises issues of the transparency of the process \[[@CR75]\] which we have tried to make transparent. The goal is to increase understanding, leading to greater explanatory effect, rather than to aggregate and merge findings in a kind of averaging process \[[@CR76]\]. We did not have the added benefit of access to any raw data (including transcriptions, reflective notes, and author insight about the context of the studies) as some other meta synthesis have done \[[@CR76]\]. Yet, Estabrooks and Field (1994) suggest that the recurrence of themes between compared studies adds to validity similarly to triangulation that is another technique, said to ensure soundness in analysis \[[@CR77]\]. Pielstick (1998) understands this as using multiple studies and (meta-synthesis does this by definition) \[[@CR78]\]. Undertaking a meta-synthesis is a demanding and laborious process, and would benefit from the development of suitable software \[[@CR73]\]. However we feel this will help manage the large amounts of data that emerge from the papers but will not add anything to the process of analysis itself.
Conclusion {#Sec17}
==========
The QOF was instrumental in bringing fundamental changes to general practice organisations. Furthermore, these changes have endured and been embedded into general practice institutions, despite ongoing proposed changes to the QOF. As a mechanism for activating and triggering a select set of Values, the QOF is compatible with the pursuit of wealth, authority, success, ambition and achievement that have implications for Professionalism. In its implementation, QOF also created a 'standardised success model' for GPs to motivate and implement 'actions of submission' to achieve QOF targets. While QOF was aligned with traditional medical values, influenced by clinician centred care, EBM, and clinical guidelines; our analysis suggests that despite conforming to core medical values there were still some dilemmas regarding whether to pursue income and organisational goals above patient-centred practice.
This analysis of the impact of QOF suggests that in order for quality improvement initiatives, such as P4P schemes to be endurable; they need to be compatible with provider values. P4P schemes need to be designed in order to integrate the personal and professional values that professionals' find are essential to their practice. Professionals' have shown that they are driven by their views, beliefs, and experiences, and not just by hierarchy and externally imposed constructs. Our review indicates that policy makers and health service planners need to carefully construct schemes in order to prioritise intrinsic professional values rather than rely on extrinsic motivators that show more limited alignment with Professionalism and its professional core values. Research on QOF has identified that use of performance targets has a limited impact on the quality of care and caused some internal conflicts during the process of carrying out the QOF work. In the UK the shift towards quality improvement approaches that are framed by national priorities and allow for professionals to design their improvement approach, may provide a way of harnessing values of professional autonomy and control as well as building on the motivation to develop patient-centred care. Moves to more network (groups of practices) based schemes may require further thinking as they will be a more complex context with potentially differing, and possibly competing, motivations between practices and practitioners. Our review of the QOF recommends valuable insights that provide those designing P4P systems. It also identifies the need for more qualitative research on the implementation of P4P schemes to fully understand their individual and organisational impact. Further research is also needed to more fully understand how schemes can influence practitioners and support high quality care. In particular it is clear that context; in terms the of the wider organisational structure, payment systems and health system design, need to be more fully considered to fully understand the link between financial incentives, behaviour -- both individual and organisational, and quality of care.
Supplementary information
=========================
{#Sec18}
######
**Additional file 1.** Search Strategy
######
**Additional file 2.** Table 4. Contextual Information for the 18 Published Papers
######
**Additional file 3.** Table. 5 First and Second Order Constructs from the Published Papers
######
**Additional file 4.** Table. 6 Identifying Third Order Constructs
######
**Additional file 5.** Table. 7 Application of the Third Order Constructs to the Ten Motivational Values
QOF
: Quality and Outcomes Framework
P4P
: Pay for Performance
LOA
: Lines-of-argument synthesis
BMA
: British Medical Association
RCP
: Royal College of Physicians
NHS
: National Health Service
QI
: Quality Improvement
UK
: United Kingdom
EBM
: Evidence Based Medicine
GP
: General Practitioner
ICT
: Information and Communication Technology
NICE
: Institute for Health and Care Excellence.
**Publisher's Note**
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Supplementary information
=========================
**Supplementary information** accompanies this paper at 10.1186/s12875-020-01208-8.
We would like to thank Professor Martin Roland, Emeritus Professor of Health Services Research- Fellow, Murray Edwards College, for some detailed comments on the relevant papers at the inclusion stage of our research.
N.K designed and managed the review and wrote the first draft of the manuscript. N.K led the analysis of the data and led the writing. D.R assisted with the second level constructs in the analyses and writing of the early drafts. SP contributed to the analysis of the third order constructs and the writing of later drafts. The literature searches were carried out with the assistance of a specialist librarian M.M, with input from N.K and D.R. Authors N.K and S.P participated equally in the editing of this manuscript.
No funding was received for this study.
Data was generated from the published papers that were included in this synthesis. The dataset used and/or analysed during the current study are available from the corresponding author on reasonable request. N.K, D.R and S.P had access to all relevant papers included, customised tables, and data necessary for verifying the integrity of the data and the accuracy of the analysis. All authors read and approved the final manuscript.
Not applicable.
Not applicable.
None declared. All authors received no personal or financial gain from carrying out this work.
|
Rick Reed (umpire)
Rick Alan Reed (born March 3, 1950) is a former umpire in Major League Baseball. He joined the American League staff in 1979, and worked throughout both major leagues from 2000 to 2009. He was named a crew chief in 1999. Reed wore uniform number 23.
His professional umpiring career began in the Appalachian League in 1973. Reed earned a B.A. in business administration from Eastern Michigan University while umpiring in the Appalachian League. He advanced through the minors to the International League for the 1978 season. He worked his first major league game toward the end of the umpire's strike in 1979. He returned to the International League when it ended. From 1980 to 1982, Reed was a substitute umpire in the AL. He earned a permanent spot on the AL staff in 1983.
He worked in 7 postseasons, including the 1991 World Series; the American League Championship Series in 1989, 1995, and 1999 (serving as crew chief); and the Division Series in 1997, 2000, and 2001. He worked the All-Star Game in 1986 and 1998. He became a crew chief in 1999.
On August 22, 2007, Reed was the home plate umpire when the Texas Rangers set the American League record for most runs scored in a game with 30 against the Baltimore Orioles.
Reed is a part-time actor in the offseason, including an appearance as the umpire in For Love of the Game starring Kevin Costner.
See also
List of Major League Baseball umpires
References
External links
Major league profile
Retrosheet
Category:1950 births
Category:Living people
Category:Major League Baseball umpires
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Duke University
Average GPA of undergraduates. For 1932-1935 and 1969-2014, Fall only.
1932 2.25 1933 2.28 1934 2.27 1935 2.23 1936 2.21 1937 2.26 1938 2.22 1939 2.26 1940 2.26 1941 n.d. 1942 n.d. 1943 2.26 1944 2.31 1945 n.d. 1946 n.d. 1947 2.39 1956 2.39 1957 2.37 1958 2.33 1959 2.40 1960 2.41 1969 2.79 1970 2.90 1971 2.99 1972 3.00 1973 3.02 1974 3.08 1975 3.03 1976 3.01 1977 2.99 1978 3.03 1979 3.03 1980 3.02 1981 3.03 1982 3.03 1983 3.04 1984 3.03 1985 3.06 1986 3.07 1987 3.12 1988 3.15 1989 3.19 1990 3.21 1991 3.25 1992 3.27 1993 3.29 1994 3.32 1995 3.32 1996 3.32 1997 3.32 1998 3.32 1999 3.33 2000 3.36 2001 3.37 2002 3.40 2004 3.40 2005 3.42 2006 3.42 2007 3.44 2008 3.48 2009 3.46 2011 3.44 2012 3.48 2013 3.48 2014 3.51
Source:
1932-1960, Duke Archives
1969-1997, Marion Shepard, former Associate Dean
1998-2001, Provost's Office
2002, Based on data in Martin, N.D., Spenner, K.I., 2009, Capital Conversion and Accumulation: A Social Portrait of Legacies at an Elite University, Research In Higher Education, in press.
2004-2014, Anonymous
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729 N.W.2d 520 (2007)
Jason BAKER, Plaintiff-Appellee,
v.
Michael COUCHMAN, Defendant-Appellant, and
Pinckney Community Schools, Defendant.
Docket No. 131607. COA No. 264914.
Supreme Court of Michigan.
April 13, 2007.
On March 7, 2007, the Court heard oral argument on the application for leave to appeal the May 30, 2006 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reasons stated in Court of Appeals Judge O'Connell's partial dissent, and we REMAND this case to the Livingston Circuit Court for entry of summary disposition in favor of the defendant superintendent pursuant to MCR 2.116(C)(7).
TAYLOR, C.J., concurs with the reversal of the Court of Appeals judgment and states as follows:
I agree with reversal of the Court of Appeals judgment because the defendant superintendent is entitled to absolute governmental immunity from suit under MCL 691.1407(5) ("A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her *521 judicial, legislative, or executive authority.")
MARILYN J. KELLY and YOUNG, JJ., join the statement of TAYLOR, C.J.
MARKMAN, J., concurs and states as follows:
I fully concur in the decision to reverse the judgment of the Court of Appeals and to remand the case for entry of an order dismissing plaintiff's claim. I would do so on the ground that plaintiff has failed to state a claim. To state a claim for tortious interference with a business relationship, a plaintiff must allege tortious interference by a third party. See Reed v. Michigan Metro Girl Scout Council, 201 Mich.App. 10, 13, 506 N.W.2d 231 (1993); Dzierwa v. Michigan Oil Co., 152 Mich.App. 281, 287-288, 393 N.W.2d 610 (1986). Here, defendant is not a third party to the business relationship at issueplaintiff's employment as the school resource officer for Pinckney Community Schools. See Baker v. Couchman, 271 Mich.App. 174, 193 n. 3, 199-200, 721 N.W.2d 251 (2006) (O'Connell, J., concurring in part and dissenting in part). Accordingly, plaintiff has failed to state a claim upon which relief can be granted and dismissal is appropriate.
YOUNG, J., joins the statement of MARKMAN, J.
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7,779 Actions
Do particles with exactly zero energy exist?The strong force gets stronger the smaller the energy, is more attractive.zero mass glue glue would glue to each other with numerous bound states approaching zero energy and I do not know what would happen at the exact zero. these glue balls have not been seen except with jets at high energies.
Jul14
comment
Do particles with exactly zero energy exist?No, the Hilbert space is a mathematical space extremely useful for describing nature. It does not define nature. If a theory based on this hilber space included that, i.e. the lagrangian whose solutions give the standard model, it would be a falsified theory because the data falsifies it.
Jul14
comment
Do particles with exactly zero energy exist?In the SM mathematics a zero mass zero energy gluon is a singularity and on the lines of Lubos' answer linked above in a comment, it would have been observed if it existed !!!.
Jul14
comment
Do particles with exactly zero energy exist?My comment means that data trumps theory (physics), philosophy expects theory to form the data. As I tried to show in my example with the expansion in a series fitting an object, the mathematics does not form the object , it just fits it as a tool to be able to enter it in a computer, for example, or another calculation. Those series components are virtual, they have no physics status.
Do particles with exactly zero energy exist?Those are mathematical constructs, virtual, very useful in calculating measurable cross sections etc. but not physical/measurable. They are a necessary part of a mathematical model . Take a complete set of functions and fit a three dimensional shape to high accuracy, a real ball as an example. Does it mean that the ball is built up by the fourier( or what not) components that go to infinity?
Do black holes violate the Uncertainty Principle?The uncertainty principle will make singularities irrelevant as a mathematical point, but macroscopically it will fit the general relativity mathematics of a singularity, that is when gravity is consistently quantized within a larger framework. At the moment quantization of gravity is an effective theory for specific situations/ boundary-conditions
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We messed it up: Gautam Gambhir
With his side's chances of proceeding to the play-offs looking slim, Kolkata Knight Riders skipper Gautam Gambhir on Saturday said his boys messed up the Indian Premier League game against Rajasthan Royals here.
Mumbai, May 17: With his side's chances of proceeding to the play-offs looking slim, Kolkata Knight Riders skipper Gautam Gambhir on Saturday said his boys messed up the Indian Premier League game against Rajasthan Royals here.
The skipper said the 199/6 posted by the Royals would have been tough to overhaul as chasers on any wicket. He also praised man of the match Shane Watson, who struck a 59 ball 104 for the Royals.
Credit to Shane Watson: Gambhir
In reply to the Royals' challenging score, the Kinghts could manage 190/9.
"199 would be tough on any wicket. Credit to Shane the way he batted. If a top order batsman bat through more often than not they'd win," said Gambhir.
"170-180 could have been an ideal total, we knew it would he high-scoring."
Have to take defeat on chin: Gambhir
Kolkata's chances of making it to the play-offs look very tough as they have secured 15 points from 14 games. They are now placed fourth, but would be overtaken by the winner of the Sunrisers Hyderabad versus Mumbai Indians match.
However, Knights could be in with a chance if the Hyderabad-Mumbai match is washed out.
Another mathematical possibility favouring the Knights could be if in the other Sunday outing, Delhi Daredevils inflict a very huge defeat on Royal Challenger Bangalore.
Talking about the title holders' campaign, Gambhir said "The points table shows all sides are quality. It's one of the difficult leagues to play. We've played reasonably good cricket but there are games we should have won. That's why we're here.
"It's going to be tough, but you have to take it on your chin and move on."
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import * as fs from 'fs';
import { ILocalUser } from '../../models/entities/user';
import { IEndpointMeta } from './endpoints';
import { ApiError } from './error';
import { SchemaType } from '../../misc/schema';
import { AccessToken } from '../../models/entities/access-token';
// TODO: defaultが設定されている場合はその型も考慮する
type Params<T extends IEndpointMeta> = {
[P in keyof T['params']]: NonNullable<T['params']>[P]['transform'] extends Function
? ReturnType<NonNullable<T['params']>[P]['transform']>
: ReturnType<NonNullable<T['params']>[P]['validator']['get']>[0];
};
export type Response = Record<string, any> | void;
type executor<T extends IEndpointMeta> =
(params: Params<T>, user: T['requireCredential'] extends true ? ILocalUser : ILocalUser | null, token: AccessToken | null, file?: any, cleanup?: Function) =>
Promise<T['res'] extends undefined ? Response : SchemaType<NonNullable<T['res']>>>;
export default function <T extends IEndpointMeta>(meta: T, cb: executor<T>)
: (params: any, user: T['requireCredential'] extends true ? ILocalUser : ILocalUser | null, token: AccessToken | null, file?: any) => Promise<any> {
return (params: any, user: T['requireCredential'] extends true ? ILocalUser : ILocalUser | null, token: AccessToken | null, file?: any) => {
function cleanup() {
fs.unlink(file.path, () => {});
}
if (meta.requireFile && file == null) return Promise.reject(new ApiError({
message: 'File required.',
code: 'FILE_REQUIRED',
id: '4267801e-70d1-416a-b011-4ee502885d8b',
}));
const [ps, pserr] = getParams(meta, params);
if (pserr) {
if (file) cleanup();
return Promise.reject(pserr);
}
return cb(ps, user, token, file, cleanup);
};
}
function getParams<T extends IEndpointMeta>(defs: T, params: any): [Params<T>, ApiError | null] {
if (defs.params == null) return [params, null];
const x: any = {};
let err: ApiError | null = null;
Object.entries(defs.params).some(([k, def]) => {
const [v, e] = def.validator.get(params[k]);
if (e) {
err = new ApiError({
message: 'Invalid param.',
code: 'INVALID_PARAM',
id: '3d81ceae-475f-4600-b2a8-2bc116157532',
}, {
param: k,
reason: e.message
});
return true;
} else {
if (v === undefined && def.hasOwnProperty('default')) {
x[k] = def.default;
} else {
x[k] = v;
}
if (def.transform) x[k] = def.transform(x[k]);
return false;
}
});
return [x, err];
}
|
Cart
Dress big pockets BALLET
R319.00R149.00
Our Spring dress has a lovely updated silhouette, with a play on textures. The body is 100% single jersey cotton and the skirt part is linen, not to mention the satin inner pocket that adds a little shine! The torchon lace on the pockets adds a natural touch and the owl motive adds that bit of magic that all kids love! Pair it off with the leggings with matching lace inset, for the perfect set. Available in Ballet and Sage.
Subject to availability and receipt of payment, requests will usually be processed within 2 (two) working days and shipping confirmed by way of email notification. Read more
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The provision of kids clothing products by Eco-Punk is subject to availability. In cases of unavailability when purchasing once you have already checked out and made payment, Eco-Punk will refund the client in full for the products purchased within 30 days. Read more
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This guys took a trip to the Russian abandoned tank army base.
Look like this place could make a good scenery for some 3d shooter game…
photos by artdel.ru
|
/*
* Copyright 2007-2008, Plutext Pty Ltd.
*
* This file is part of docx4j.
docx4j is licensed under the Apache License, Version 2.0 (the "License");
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package org.docx4j.dml;
import org.docx4j.dml.ArrayListDml;
import java.util.List;
import javax.xml.bind.Unmarshaller;
import javax.xml.bind.annotation.XmlAccessType;
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import javax.xml.bind.annotation.XmlTransient;
import javax.xml.bind.annotation.XmlType;
import org.jvnet.jaxb2_commons.ppp.Child;
/**
* <p>Java class for CT_ConnectionSiteList complex type.
*
* <p>The following schema fragment specifies the expected content contained within this class.
*
* <pre>
* <complexType name="CT_ConnectionSiteList">
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* <restriction base="{http://www.w3.org/2001/XMLSchema}anyType">
* <sequence>
* <element name="cxn" type="{http://schemas.openxmlformats.org/drawingml/2006/main}CT_ConnectionSite" maxOccurs="unbounded" minOccurs="0"/>
* </sequence>
* </restriction>
* </complexContent>
* </complexType>
* </pre>
*
*
*/
@XmlAccessorType(XmlAccessType.FIELD)
@XmlType(name = "CT_ConnectionSiteList", propOrder = {
"cxn"
})
public class CTConnectionSiteList implements Child
{
protected List<CTConnectionSite> cxn= new ArrayListDml<CTConnectionSite>(this);
@XmlTransient
private Object parent;
/**
* Gets the value of the cxn property.
*
* <p>
* This accessor method returns a reference to the live list,
* not a snapshot. Therefore any modification you make to the
* returned list will be present inside the JAXB object.
* This is why there is not a <CODE>set</CODE> method for the cxn property.
*
* <p>
* For example, to add a new item, do as follows:
* <pre>
* getCxn().add(newItem);
* </pre>
*
*
* <p>
* Objects of the following type(s) are allowed in the list
* {@link CTConnectionSite }
*
*
*/
public List<CTConnectionSite> getCxn() {
if (cxn == null) {
cxn = new ArrayListDml<CTConnectionSite>(this);
}
return this.cxn;
}
/**
* Gets the parent object in the object tree representing the unmarshalled xml document.
*
* @return
* The parent object.
*/
public Object getParent() {
return this.parent;
}
public void setParent(Object parent) {
this.parent = parent;
}
/**
* This method is invoked by the JAXB implementation on each instance when unmarshalling completes.
*
* @param parent
* The parent object in the object tree.
* @param unmarshaller
* The unmarshaller that generated the instance.
*/
public void afterUnmarshal(Unmarshaller unmarshaller, Object parent) {
setParent(parent);
}
}
|
File "./syntax/invalid/did_you_mean_synonym.sk", line 9, characters 3-12:
The field filter is undefined. Did you mean where?
7 |
8 | fun f(a: A): String {
9 | a.filter()
| ^^^^^^^^^^
10 | }
File "./syntax/invalid/did_you_mean_synonym.sk", line 8, characters 10-10:
For the expression of type A
6 | }
7 |
8 | fun f(a: A): String {
| ^
9 | a.filter()
File "./syntax/invalid/did_you_mean_synonym.sk", line 13, characters 3-11:
The field filtr is undefined. Did you mean where?
11 |
12 | fun f2(a: A): String {
13 | a.filtr() // mistyped synonyms are also matched
| ^^^^^^^^^
14 | }
File "./syntax/invalid/did_you_mean_synonym.sk", line 12, characters 11-11:
For the expression of type A
10 | }
11 |
12 | fun f2(a: A): String {
| ^
13 | a.filtr() // mistyped synonyms are also matched
File "./syntax/invalid/did_you_mean_synonym.sk", line 24, characters 3-11:
The field items is undefined. Did you mean entries or item?
22 |
23 | fun g(b: B): String {
24 | b.items() // matches both synonyms and other fields/methods
| ^^^^^^^^^
25 | }
File "./syntax/invalid/did_you_mean_synonym.sk", line 23, characters 10-10:
For the expression of type B
21 | }
22 |
23 | fun g(b: B): String {
| ^
24 | b.items() // matches both synonyms and other fields/methods
File "./syntax/invalid/did_you_mean_synonym.sk", line 35, characters 3-10:
The field new is undefined. Did you mean create?
33 |
34 | fun h(): C {
35 | C::new();
| ^^^^^^^^
36 | }
File "./syntax/invalid/did_you_mean_synonym.sk", line 35, characters 3-3:
For the expression of type Concrete<C>
33 |
34 | fun h(): C {
35 | C::new();
| ^
36 | }
|
Q:
Make private property public/make readonly one writeable with Swift category?
The question is the same as this one
But I need a solution for Swift. If it is possible in Swift in general? Of course I mean a solution without creating Objective C file and importing it into swift code
A:
No - in Swift it's not possible - at least not in current Swift 3 version.
If the variable is defined as "private" you cannot even access it from extensions and even not by subclassing it.
If you can make this "private" variable as "fileprivate" or "internal" - it would open a possibility to expose them via public methods.
Here is a documentation on that from Apple:
https://developer.apple.com/library/content/documentation/Swift/Conceptual/Swift_Programming_Language/AccessControl.html
If you are working with Swift 2 - you should be able to make public function that will return private variables from main class.
|
New proteins orthologous to cerato-platanin in various Ceratocystis species and the purification and characterization of cerato-populin from Ceratocystis populicola.
Natural variants of cerato-platanin (CP), a pathogen associated molecular pattern (PAMP) protein produced by Ceratocystis platani (the causal agent of the plane canker stain), have been found to be produced by other four species of the genus Ceratocystis, including five clones of Ceratocystis fimbriata isolated from different hosts. All these fungal strains were known to be pathogenic to plants with considerable importance in agriculture, forestry, and as ornamental plants. The putative premature proteins were deduced on the basis of the nucleotide sequence of genes orthologous to the cp gene of C. platani; the deduced premature proteins of Ceratocystis populicola and Ceratocystis variospora reduced the total identity of all the others from 87.3% to 60.3%. Cerato-populin (Pop1), the CP-orthologous protein produced by C. populicola, was purified and characterized. Pop1 was a well-structured alpha/beta protein with a different percentage of the alpha-helix than CP, and it self-assembled in vitro in ordered aggregates. Moreover, Pop1 behaved as PAMP, since it stimulated poplar leaf tissues to activate defence responses able to reduce consistently the C. populicola growth.
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A blog about golf course and heathland management at Aldeburgh Golf Club and the wildlife found there. Aldeburgh GC is a top 100 championship course managed using traditional low input greenkeeping methods. It is situated on the Suffolk coast within the Suffolk Coast and Heaths AONB.
Thursday, 30 April 2015
Arthur Whiting retires next week after 18 years working on the greenkeeping team. There was a presentation in the clubhouse today to mark his retirement and many members gathered to thank him for his years of excellent service to the club.
Arthur is the sort of person that every manager wants on their team - always willing, quietly getting on with his work and getting on well with the rest of the team.
We all wish him a very happy retirement.
Arthur with his wife Monica at the presentation today flanked by the captain, Mike Jones and Mark Broughton
The Poa annua (Poa) in the greens
is flowering at present and it will be evident to members that there is a
higher percentage of this weed grass than in previous years. The reasons for this are three fold:-
·The
last two winters have been mild and wet and these conditions are ideal for Poa,
which is a winter annual that sets its seed in the spring, germinates in the
autumn, establishes over the winter
before seeding again.
·The
summer of 2014 was wetter than average so we had few opportunities to dry out
the greens. Poa dies back under drought
stress which is our main weapon against it.
Our inability to create such stress during the summer meant we came into
2015 with a higher than normal percentage of Poa in the greens.
·The
colder than average weather this spring has given the Poa the opportunity to
get established with little competition from the slower growing fescue, which also
starts growing later in the spring, and has given rise to the increased seeding
we now see.
The photo on the left shows Poa annua with seed heads in amongst fescue on a green and the right photo is Poa annua under drought stress in apron turf. The wiry grass that is still green in the right hand photo is the fescue that we want to be the dominant species
The importance of keeping a low
percentage of Poa in the greens can’t be overemphasised as it is the fine
Fescue and Bent grasses that give us the highest quality and most consistent year
round putting surfaces. Our entire
maintenance programme is formed around encouraging the finer grasses and
discouraging Poa. Everything from height
of cut and fertiliser programme to aeration has an impact but moisture levels
in the soil are the strongest influence on the ability of Poa to get
established and survive in our greens.
The increased level of Poa currently
present in the greens means we will be taking an aggressive approach to
removing it through cycles of drying out whenever the weather permits. During the drying cycles members may notice
the greens being a little firmer than usual with the potential for loss of
sward density as the Poa dies out. Whilst
we will monitor and control these cycles very carefully this essential action may
have a short term negative impact on the quality of the putting surfaces. However, it is necessary to prevent long term
deterioration and maintain our reputation for high quality greens all year
round.
We are expecting delivery of a
new over seeding machine next month and this will be used over the next few
years to continue our programme of sowing high quality fescue cultivars into
the greens. Having our own machine will
enable us to choose the optimum moment(s) during the year to undertake this
over seeding rather than having to book a hire slot several months in advance
in the hope that the weather conditions are optimal when it arrives.
As highlighted in the Course
Development Plan increasing the percentage of modern fescue cultivars, which have
far superior performance to the old varieties present in our greens, is a central
part of our strategy for maintaining and improving green quality over the
coming years. These cultivars produce a
denser, finer leaved turf which is more resistant to Poa ingress than the more
open turf produced by the older cultivars.
As these modern cultivars fully establish the need to undertake
aggressive drying out cycles, such as planned this year, will diminish which
will also assist in maintaining high green standards going forward.
Thursday, 23 April 2015
The ever popular annual wildlife walk took place this morning under cool and dull conditions. This year our leader was Steve Piotrowski - an independent environmental consultant who runs many bird identification courses for the British Trust for Ornithology and the Field Studies Council. Steve did an excellent job of imparting his knowledge of birds, particularly given the wide range of abilities of those attending. I think we all came away having learned something. We saw or heard a total of 38 bird species which is a record for these walks. This total is all the more impressive when we factor in the late arrival of birds such as whitethroat and willow warbler which we would normally expect to see on the course in late April. The highlights of the walk were woodlark nesting on the course, several whimbrel on the set aside and a ring ouzel passing through (probably on its way to Scandinavia). At least five nightingales were heard, two red deer were seen in the woodland and we had very good views of a fox making a hopeless attempt to catch up with a flying pheasant!
Monday, 13 April 2015
This is the best time of year to see many of the resident and migrant birds that are present on the course. There are lots of singing linnets and yellowhammers establishing territories and at least two woodlark have been present. The first of the spring migrants have arrived, chiffchaffs have been around for a couple of weeks and I heard my first blackcap on the 8th of April. Little egrets are regularly seen on the river course, particularly by the new pond on the 4th. I expect the first nightingales to start singing this week, most years we hear our first on either the 14th or 15th of April.
Some of the tiny wild flowers are taking advantage of this period before the larger plants and grasses get going.
The first top dressing was applied to the greens and tees during March as was the first fertiliser. We use lawn sand fertiliser to start things off in the spring as it's fast acting and helps to control any moss that has got established over the winter. The fairways were cut for the first time towards the end of March which contrasts with 2014 when they were cut in mid February. Grass growth is picking up and over the next few weeks mowing will take up more and more of our time. The shelter at the 5th tee was falling apart so it has been replaced.
March was a dry month with a total of 19.5mm which is just over half the average. The vast majority of this rain (16.6mm) fell in the last week so for the first 3/4 of the month we had drought conditions. The temperature was close to average at 6.8° but it felt much colder in the relentless winds. The maximum temperature was 15.1° on the 28th and the minimum 1.1° on the 23rd.
Grass growth has been minimal in the first three months of the year, We're about 5 weeks behind 2014 in growth potential but 3 weeks ahead of 2013. (2014 was our warmest spring on record with 8.4° and 2013 our coldest with 2.9°.) The monthly average temperature figure can mask big variations in grass growth potential. When the daily average temperature remains below about 6° there is minimal grass growth but we can get the same monthly average with the daily temperatures hovering around 6° as we can during a month when temperatures fluctuate between cold and warm spells. In the latter example we can get significant growth during the mild spells but in the first there is none. On the 26th of March this year we had reached 43.6 points on our degree day model (A measure of grass growth potential), in 2014 we had reached this level by the 14th of February and on the 26th March 2014 we had reached 135.7 points.
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Morné – Shamwari Game Ranger Q&A
22 June 2017 | PUBLISHED BY admin
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Ranger Morné is humorous, very friendly and has a personality that’s larger than life. He has an extensive knowledge of fauna and flora and is a fantastic member of the team. A quote he likes to live by is: “Stay away from negative people, they have a problem for every solution.” – Harvey Specter (Suits)
Name: Morné HamlynTitle: Game RangerStarted at Shamwari: 1 April 2017Hometown: HoedspruitPrevious roles: Trainee Guide at Mabula Game Reserve, Safari guide – Gomo Gomo in Timbavati Game Reserve, Lecturer at The Bush Academy – part of International Hotel Schools, Senior Guide – Kings Camp in Timbavati Game Reserve, Safari Guide & Lodge Manager at Uplands Homestead in Kwande Game Reserve, Operations Manager at Umlani Bushcamp in Timbavati Game Reserve, General Manager at Karongwe River Lodge part of Karongwe portfolio.
Qualification:
Hobbies:
My ultimate hobby is being able to spend time with my family. I have a few others that come close, such as photography and birding. I love Ethology, which is the study of animal behaviour and I enjoy walking.
Passion:
My initial passion is to provide for my family, and thereafter I have an absolute passion for sharing my gathered knowledge with guests visiting our wildlife reserves in Africa. I have always heard good things about Shamwari’s conservation ethics and that is what has drawn me to become part of the team.
Favourite part of the job:
My favourite part of the job apart from being out in the bush is seeing my guests leave the reserve with utter awe, happiness, and with an appreciation for nature. It often comes down to them learning to love a place that was once foreign to them and it’s about more than just being out on game drives and seeing the animals. They leave with a longing to come back.
Favourite animal:
A Leopard
My reason being is that it is a very successful and adaptable predator.
Favourite animal in a sighting:
Elephants. I love the fact that elephants are always giving you an opportunity to study them because they are always busy doing something.
Most exciting encounter while on a game drive:
This past Sunday, I left Eagles Crag Lodge for my early morning drive and as I reached the open areas around our Explorer Camp, I caught a brief movement from the left of the vehicle. I stopped to have a closer look, and realised that it was a female cheetah running with distracting behaviour. This immediately alerted me that there were larger predators in the area.
I grabbed my binoculars and scanned the surrounding areas noticing that there was a lioness nearby looking in the direction of the cheetah. I noticed blood on the lioness and assumed that the larger predator chased the cheetah away from a kill. As I drove towards the lioness, I saw the cheetah in the distance trotting away with 3 cubs in tow. One cub was missing. As I got to the lioness I realised that she was part of the Northern Pride and they were lying in the thicket on the edge of the open area. They had clearly finished eating what they had stolen from the cheetah.
Once I left the lion’s resting, I drove up to a higher point to scan the open areas for the cheetah, as I didn’t want to disturb her while she was looking for the other cub. She trotted through the open area for a fair amount of time looking and calling for the missing cub before disappearing into the thicket behind the Explorer Camp. I left the area hoping that some closure would be found as to the whereabouts of the missing cub. Good news came the following morning when the female cheetah was found with all four cubs in tow!
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Bypass Barn Door Hardware
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---
abstract: 'In this brief note, we prove that the existence of Nash equilibria on integer programming games is $\Sigma^p_2$-complete.'
author:
- |
Margarida Carvalho\
CIRRELT and Département d’informatique et de recherche opérationnelle\
Université de Montréal\
Montreal, QC H3C 3J7\
`[email protected]`\
title: A note on the complexity of integer programming games
---
Introduction
============
Integer programming games ([[IPG]{}]{}s) model games in which there is a finite set of *players* $M=\lbrace 1,2 \ldots, m \rbrace$ and each player $p \in M$ has a set of *feasible strategies* $X^p$ given by lattice points inside a polytopes described by finite systems of linear inequalities. Therefore, each players aims to solve $$\max_{x^p \in X^P} \quad \Pi^p(x^p,x^{-p}),
\label{GeneralProblem}$$ where $x^p$ is player $p$’s strategy and $x^{-p}$ is the vector of strategies of all players, except player $p$.
A vector $x \in \prod_{p \in M} X^p$ is called *a pure profile of strategies*. If a pure profile of strategies $x$ solves the optimization problem (\[GeneralProblem\]) for all players, it is called *pure Nash equilibrium*. A game may fail to have pure equilibria and, therefore, a broader solution concept for a game must be introduced, the *Nash equilibria*. Under this concept, each player can assign probabilities to her pure strategies. Let $\Delta^p$ denote the space of Borel probability measures over $X^p$ and $\Delta = \prod_{p \in M} \Delta^p$. Each player $p$’s expected payoff for a profile of strategies $\sigma \in \Delta$ is $$\Pi^p(\sigma) = \int_{X^p} \Pi^p(x^p,x^{-p}) d \sigma.
\label{expected_utility}$$ A *Nash equilibrium* ([NE]{}) is a profile of strategies $\sigma \in \Delta$ such that $$\Pi^p(\sigma) \geq \Pi^p(x^p, \sigma^{-p}), \qquad \forall p \in M \qquad \forall x^p \in X^p .
\label{NE_definition}$$
In [@Carvalho2018], the authors discuss the existence of Nash equilibria for integer programming games. It is proven that the existence of pure Nash equilibria for [[IPG]{}]{}s is $\Sigma^p_2$-complete and that even the existence of Nash equilibria is $\Sigma^p_2$-complete. However, the later proof seems incomplete in the “proof of only if”, since it does not support why we can conclude that the leader cannot guarantee a payoff of 1. In the following section, we provide a correct proof using a completely new reduction.
Computational Complexity
========================
In what follows, we show that even in the simplest case, linear integer programming games with two players, the existence of Nash equilibria is a $\Sigma^p_2$-complete problem.
The problem of deciding if an [[IPG]{}]{} has a Nash equilibrium is $\Sigma^p_2$-complete problem.
The proof that this decision problem belongs to $\Sigma^p_2$ can be found in [@Carvalho2018].
It remains to show that it is $\Sigma^p_2$-hard. We will reduce the following to $\Sigma^p_2$-complete problem to it (see[@EgWo2012]):
Our reduction starts from an instance of [[[Subset-Sum-Interval]{}]{}]{}. We construct the following instance of [[IPG]{}]{}
- The game has two players, $M=\lbrace Z, W \rbrace$.
- Player $Z$ solves
$$\begin{aligned}
{4}
\max_{z} & \quad \frac{1}{2}z_0+\sum_{i=1}^k q_i z_i + Qz(2w-z)\\
s.t. &\quad \frac{1}{2}z_0+\sum_{i=1}^k q_i z_i \leq z\\
& \quad z_0, z_1, \ldots, z_k \in \lbrace 0,1 \rbrace\\
& \quad R \leq z \leq R+2^r-1, z \in \mathbf{N}\end{aligned}$$
\[PlayerZ\]
Add binary variables $y \in \lbrace 0,1\rbrace^r$ and make $z =R + \sum_{i=0}^{r-1} 2^i y_i$. Note that $z^2= Rz+\sum_{i=0}^{r-1} 2^i y_iz$. Thus, replace $y_iz$ by $h_i$ and add the respective McCormick constraints [@McCormick76]. In this way, we can equivalently linearize the previous problem:
$$\begin{aligned}
{4}
\max_{z,y,h} & \quad \frac{1}{2}z_0+\sum_{i=1}^k q_i z_i +2 Qzw-QRz-\sum_{i=0}^{r-1} 2^i h_i\\
s.t. &\quad \frac{1}{2}z_0+\sum_{i=1}^k q_i z_i \leq z\\
& \quad z_0, z_1, \ldots, z_k \in \lbrace 0,1 \rbrace\\
& \quad R \leq z \leq R+2^r-1, z \in \mathbf{N}\\
& \quad z = R+ \sum_{i=0}^{r-1} 2^i y_i\\
& \quad y_0, y_1, \ldots, y_{r-1} \in \lbrace 0,1 \rbrace\\
& \quad h_i \geq 0 &i=0,\ldots,r-1\\
& \quad h_i \geq z+(R+2^r-1)(y_i -1) & i=0,\ldots,r-1 \\
& \quad h_i \leq z+R(y_i-1) & i=0,\ldots,r-1\\
& \quad h_i \leq (R+2^r-1)y_i & i=0,\ldots,r-1\end{aligned}$$
\[PlayerZlin\]
For sake of simplicity, we consider the quadratic formulation (\[PlayerZ\]). The linearization above serves the purpose of showing that the proof is valid even under linear utility functions for the players.
- Player W solves
$$\begin{aligned}
{4}
\max_{w} & \quad (1-z_0)w_0\\
s.t. & \quad R \leq w \leq R+2^r-1, z \in \mathbf{N}\\
&w_0 \in \mathbf{R}\end{aligned}$$
\[PlayerW\]
(Proof of if). Assume that the [[[Subset-Sum-Interval]{}]{}]{} instance has answer YES. Then, there is $R\leq S<R+2^r$ such that for all subsets $I\subseteq\{1,\ldots,k\}$, we have $\sum_{i\in I}q_i\neq S$. Let player $W$ strategy be $w^*=S$ and $w_0^*=0$. Note that the term $Qz(2w-z)$ in player $Z$’s utility is dominant and attains a maximum when $z$ is equal to $w$. Thus, make $z^*=w^*=S$ and since $\sum_{i=1}^k q_i z_i$ is at most $S-1$, make $z_0^*=1$. Choose $z_i^*$ such that the remaining utility of player $Z$ is maximized. By construction, player $Z$ is selecting her best response to $(w^*,w_0^*)$. Sinze $z_0^*=1$, then player $W$ is also selecting an optimal strategy. Therefore, we can conclude that there is an equilibrium.
(Proof of only if). Assume that the [[[Subset-Sum-Interval]{}]{}]{} instances has answer NO. Then, for all $R\leq S<R+2^r$, there is a subset $I\subseteq\{1,\ldots,k\}$ such that $\sum_{i\in I}q_i=S$. In this case, player $Z$ will always make $z_0=0$ which gives incentive for player $W$ to choose $w_0$ as large as possible. Since $w_0$ has no upper bound, there is no equilibrium for the game. [ $\Box$]{}
Acknowledgements {#acknowledgements .unnumbered}
================
The authors wish to thank Sriram Sankaranarayanan for bringing to our attention the incompleteness of our previous proof in [@Carvalho2018].
We wish acknowledge the support of the Institut de valorisation des données and the Canadian Natural Sciences and Engineering Research Council under the discovery grants program.
[1]{}
Margarida Carvalho, Andrea Lodi and Jo[ã]{}o Pedro Pedroso. Existence of Nash Equilibria on Integer Programming Games. In [*Congress of APDIO 2017, the Portuguese Operational Research Society*]{}, pages 11–23. Springer International Publishing, 2018.
Christian Eggermont and Gerhard J. Woeginger. Motion planning with pulley, rope, and baskets. In [*Proceedings of the 29th International Symposium on Theoretical Aspects of Computer Science (STACS’2012)*]{}, Leibniz International Proceedings in Informatics 14, 374–383. 2012.
Garth P. McCormick. Computability of global solutions to factorable nonconvex programs: Part [I]{} - convex underestimating problems. , 10, pages 147–175, 1976.
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Effect of Lactobacillus casei on the Production of Pro-Inflammatory Markers in Streptozotocin-Induced Diabetic Rats.
It has been demonstrated that probiotic supplementation has positive effects in several murine models of disease through influences on host immune responses. This study examined the effect of Lactobacillus casei strain Shirota (L. casei Shirota) on the blood glucose, C-reactive protein (CRP), Interleukin-6 (IL-6), Interleukin-4 (IL-4), and body weight among STZ-induced diabetic rats. Diabetes mellitus was induced by streptozotocin (STZ, 50 mg/kg BW) in male Sprague-Dawley rats. Streptozotocin caused a significant increase in the blood glucose levels, CRP, and IL-6. L. casei Shirota supplementation lowered the CRP and IL-6 levels but had no significant effect on the blood glucose levels, body weight, or IL-4. Inflammation was determined histologically. The presence of the innate immune cells was not detectable in the liver of L. casei Shirota-treated hyperglycemic rats. The probiotic L. casei Shirota significantly lowered blood levels of pro-inflammatory cytokines (IL-6, CRP) and neutrophils in diabetic rats, showing a lower risk of diabetes mellitus and its complications.
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The role of the external ear in temporary threshold shift (TTS) has been studied quantitatively in 13 normal hearing human adult subjects. The experiment is designed to investigate the relationship between the amount of acoustic pressure gain at the eardrum provided by the external ear and resulting TTS. The premise is that changes in magnitude of TTS can be predicted by known changes in sound pressure level impinging upon the eardrum. Based upon TTS measures made when the fatiguing stimulus was adjusted in the sound field and measures of outer ear pressure gain, it was shown that the mean magnitude of TTS was within 1 dB of that predicted when the fatiguer was adjusted at the eardrum. The standard deviations between the treatment levels were not significantly different.
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736 F.2d 1
D.P. APPAREL CORPORATION, Plaintiff, Appellant,v.ROADWAY EXPRESS, INC., Defendant, Appellee.
No. 83-1844.
United States Court of Appeals,First Circuit.
Argued March 6, 1984.Decided May 31, 1984.
1
Michael J. McHugh, Boston, Mass., with whom Edwin J. Carr, and Rich, May, Bilodeau & Flaherty, Boston, Mass., were on brief, for plaintiff, appellant.
2
Wesley S. Chused, Boston, Mass., with whom Weiner & Chused, Boston, Mass., was on brief, for defendant, appellee.
3
Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIERBOLINI,* District Judge.
4
GIERBOLINI, District Judge.
5
This is an appeal from a judgment entered pursuant to an order of the United States District Court for the District of Massachusetts, sitting without a jury, which granted defendant-appellee's motion for involuntary dismissal of plaintiff-appellant's case. Plaintiff D.P. Apparel Corp. (DPA) brought this suit pursuant to the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. Section 11707 (formerly 49 U.S.C. Section 20(11)) against defendant Roadway Express, Inc. (Roadway) for alleged damage to a shipment of cloth purchased by DPA in Balfour, North Carolina and transported by Roadway to DPA's facility in Utica, New York.
6
To establish a prima facie case under the Carmack Amendment plaintiff had to show: (1) delivery of the cloth in good condition to defendant; (2) arrival in damaged condition; and (3) amount of damages. Missouri Pacific Railroad v. Elmore & Stahl, 377 U.S. 134, 137, 84 S.Ct. 1142, 1144, 12 L.Ed.2d 194 (1964); Texas Instruments, Inc. v. Branch Motor Express, 432 F.2d 564, 565 (1st Cir.1970). Accordingly, DPA called as its first witness Mr. Ray Slider, Traffic Agent of Kimberly-Clark Corporation (Kimberly) the manufacturer of the cloth, to testify as to the goods' original condition. Mr. Slider went on to testify as to the normal practice by which customer orders are relayed to Kimberly's Balfour Mill for preparation and shipping. Through him DPA introduced into evidence several documents,1 all of which show that each of the rolls of cloth had passed the quality control check prior to shipment. Mr. Slider further testified as to how the rolls are loaded onto pallets, shrank-wrapped in polywrap around their exterior, and how eventually the pallets are braced on the trailer. Nevertheless, his cross examination revealed that he did not see the shipment of cloth nor did he see it being loaded into the trailer, or after it had left Kimberly's facility.
7
After Mr. Slider's testimony, counsel for plaintiff informed the court that he would not present further evidence to prove the cloth's original condition.2 Counsel for Roadway then filed a motion for involuntary dismissal pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. The court suspended the trial to consider the motion and allowed counsel for DPA to submit memorandum of law in opposition. Plaintiff's lawyer did in fact file his opposition that same day. Based on the foregoing, the court granted the motion and dismissed the complaint for plaintiff's failure to sustain its burden of proof.
8
On appeal, plaintiff contends that the trial court erred first in dismissing the complaint by granting defendant's motion for involuntary dismissal prior to the conclusion of plaintiff's case, and second in ruling that plaintiff had not met its burden of proof.
9
At the outset we note that the standard of review for a Rule 41(b) dismissal is abuse of discretion. Corchado v. Puerto Rico Marine Management, Inc., 665 F.2d 410 (1st Cir.1981). Rule 41(b) of the Federal Rules of Civil Procedure provides in relevant part,
10
After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all evidence.
11
The rule bestows on courts considerable discretion in their treatment of motions to dismiss in non-jury cases. A court faced with a Rule 41(b) motion to dismiss is empowered to weigh and evaluate plaintiff's evidence and to grant the dismissal if said evidence preponderates against the plaintiff. Soliz v. Plunkett, 615 F.2d 272 (5th Cir.1980); Weissinger v. United States, 423 F.2d 795 (5th Cir.1970) (en banc). Nonetheless, Rule 41(b) dismissals should be granted sparingly. We approve the Fifth Circuit's following admonition in Riegel Fiber Corp. v. Anderson Gin Co., 512 F.2d 784, 793 n. 19 (5th Cir.1975):
12
"Except in unusually clear cases the district judge can and should carry the defendant's Rule 41(b) motion with the case--or simply deny it, since the effect will be the same--let the defendant put on his evidence, and then enter a final judgment at the close of the evidence."
13
Otherwise, an appellate reversal for error in granting the motion may require an entire new trial. S.E.C. v. Murphy, 626 F.2d 633, 659 (9th Cir.1980); White v. Rimrock Tidelands, Inc., 414 F.2d 1336 (5th Cir.1969). No doubt this would be most undesirable for cases would be continuously brought on appeal on a piecemeal fashion increasing thus the expenditure of time and resources of the parties and the courts.
14
As the rule itself announces motions for involuntary dismissal are normally not granted before the conclusion of plaintiff's case in chief. However, when it is manifestly clear that plaintiff will not prove his case, granting a Rule 41(b) motion at an earlier time may be permissible. See Lentino v. Fringe Employee Plans, Inc., 611 F.2d 474, 482 n. 15 (3rd Cir.1979). A district court has the inherent power to dismiss cases for failure to prove a claim irrespective of the time it is requested because in so doing the court is effectively controlling and managing its own affairs to achieve the expeditious disposition of cases. See Link v. Wabash Railroad Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962).
15
The facts herein reveal that this is one of the rare and exceptional cases in which a court is justified in dismissing the action before the completion of plaintiff's case. The only evidence DPA presented to prove the cloth's original condition was Mr. Slider's general statements concerning Kimberly's shipment procedures and the documents relating to the cloth's quality prior to shipment. Mr. Slider admitted, however, that he did not have personal knowledge of the condition of the shipment. Moreover, the documents simply attest that the rolls of cloth passed Kimberly's quality control tests prior to shipment. The treater production log makes no reference to the rolls' condition on the date of shipment nor does it indicate when in fact the rolls were inspected.
16
Plaintiff relies primarily on the bill of lading signed by Roadway's driver on the day of shipment indicating that the rolls of cloth were "in apparent good condition". Nevertheless, the acknowledgment in a bill of lading that a shipment is in apparent good order is prima facie evidence of delivery in good condition only as to those parts open to inspection and visible. Spartus Corp. v. S/S YAFO, 590 F.2d 1310, 1319 (5th Cir.1979). See also, Kaiser Aluminum & Chemical v. Illinois Central Gulf Railroad Co., 615 F.2d 470, 475 n. 4 (8th Cir.1980); Miniat, Inc. v. Baltimore & Ohio Railroad Co., 587 F.2d 1277, 1280 (D.C.Cir.1978); Blue Bird Food Products Co. v. Baltimore & Ohio Railroad, 474 F.2d 102, 104 (3rd Cir.1973); Continental Grain Co. v. American Commercial Barge Line Co., 332 F.2d 26, 27 (7th Cir.1964); Hoover Motor Express Co. v. United States, 262 F.2d 832, 834 (6th Cir.1959). The bill of lading is not proof of the contents and condition of the shipment. Hoover, supra. The apparent good condition clause in the bill of lading herein specifically stated that the contents and condition of contents were unknown. More importantly, in this case the rolls of cloth were wrapped and no evidence was offered to show that the wrapping material was clear or that the cloth was visible.3 In fact, where the contents of the shipment are not visible or open for inspection, additional direct and affirmative proof is necessary to show that the cloth was in good condition when delivered to Roadway. See Miniat, Inc. v. Baltimore & Ohio Railroad Co., supra, at 1280; Blue Bird Food Products Co. v. Baltimore & Ohio Railroad, supra, at 107-8.4 As established earlier, DPA never offered said direct and affirmative proof.
17
Plaintiff further relies on Brockway-Smith Co. v. Boston and Maine Corp., 497 F.Supp. 814 (D.Mass.1980) for the proposition that the "in apparent good order" clause is sufficient to establish prima facie the cloth's good condition at its origin. We note that the Brockway-Smith decision was against the weight of authority, and the trial judge therein so recognized. Id. at 818 n. 5, 819 n. 6, n. 8. In Brockway-Smith the damage to the merchandise resulted from a fire. Crucial to the court's determination was the finding that "there was no evidence indicating that the shipment was damaged in any way other than by fire and it would be incredible for the goods to have already been fire damaged when they were delivered to [the carrier]". Id. at 819. In contrast, in the case at bar the damage to the rolls consisted of tearing in the fabric, contamination and staining. Unlike Brockway-Smith, there is no evidence of what actually caused the damage.5 The rolls may have been already damaged at the time of loading but because they were wrapped the damage may not have been visible to Roadway's driver at the time he signed the bill of lading.
18
DPA failed to sufficiently establish that the shipment was delivered in good condition. It then became manifestly clear to the district judge that plaintiff could not prove its case. The situation was further exacerbated by DPA's inability to proceed with the prosecution of the case on that day for it did not have other witnesses present. Still, based on what the judge was told no apparent purpose would have been served by continuing the trial at great expense to the parties. The dismissal was therefore well within the purview of the district court's power to manage its own affairs and to serve the interests of judicial economy. The district court did not abuse its discretion.
19
Judgment affirmed.
*
Of the District of Puerto Rico, sitting by designation
1
The following documents were admitted:
(a) corrected copy of the loading document customer order shipper's no. 20-12863-9;
(b) original loading document customer order;
(c) invoice of Kimberly's to DPA;
(d) summary of shipment dated September 11, 1980 from Kimberly to DPA with attached packing list;
(e) bill of lading prepared by Kimberly signed by Roadway's driver on September 11, 1980;
(f) original treater production log;
(g) xerox copy of treater production log with handwritten notes of Mr. Slider.
2
Mr. Slider was the only witness DPA had available to testify on that day. The district court advanced the trial date from Friday, October 14 to Thursday, October 13, 1983 at 10:00 a.m
3
The trial judge specifically stated that he made no finding as to the clarity of the wrapping material because no evidence was offered as to whether it was clear or opaque
4
DPA asserts that the direct evidence requirement enunciated in these cases applies only to shipments delivered under seal and since in this case it was not established that Kimberly delivered the rolls in a sealed trailer, the cases have no precedential value herein. We fail to see, however, any principled distinction between the situation in Miniat and Blue Bird and the one at bar. In both instances the merchandise was not visible or open for inspection. Direct and affirmative proof of the condition of the cloth at its origin is thus required
5
During oral argument DPA vigorously claimed that the damage was caused by at least six inches of water in the floor of Roadway's trailer. DPA never introduced into evidence proof to establish said allegation, and it did not even make an offer of proof that said evidence would have eventually been presented. Furthermore, there is no certainty that the tearing, staining and contamination resulted exclusively from such a substantial accumulation of water
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Benefits of High-dose Steroid + Hespander + Mannitol Administration in the Treatment of Bell's Palsy.
Large-scale investigations have not been recently conducted on the efficacy of high-dose steroid administration of prednisolone (PSL) for Bell's palsy. We compared treatment results between normal-dose steroid (PSL 60 mg/d) and high-dose steroid (PSL 200 mg/d) + Hespander + Mannitol administration. We also investigated the recovery rate for antiviral agents. Retrospective case review. Tertiary referral center. A total of 675 patients with Bell's palsy who had grade V and grade VI on the House-Brackmann (HB) scale were treated in our department between 1995 and 2014. These patients could be divided into a normal-dose group and high-dose group. We separately assessed treatment outcomes for HB grade V patients and HB grade VI patients. Logistic regression analysis was also performed to investigate factors that can impact treatment outcomes, i.e., sex, age, days to start of treatment, PSL dosage, and antiviral drug administration. Recovery rates were significantly better in the high-dose steroid + Hespander + Mannitol group in comparison with the normal-dose steroid group for HB grade V (100% versus 77.7%) and HB grade VI (92.5% versus 68.2%). Additional effects of antiviral agents were only shown in the normal-dose group. Significant factors for treatment outcomes were PSL 200 mg/d administration and early initiation of treatment. Insignificant factors were sex, age, and the antiviral agent. We showed the high-dose steroid + Hespander + Mannitol administration produced significantly better outcomes than normal-dose steroid administration in the treatment of patients with Bell's palsy.
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Zero Hedge
December 20, 2017
A “left-wing extremist” group in Germany associated with Antifa published a list of 54 police officers believed to have taken part in raids of suspected rioters protesting the G20 summit in Hamburg, with the group calling for the public to ‘dox’ the officers by sending in their personal information.
“We would be pleased about tips regarding where they live or can be met privately,” reads the post
The list was posted Sunday evening on an extremist website, reports Die Welt, and is thought to be revenge for the publication by Hamburg investigators of over 100 photos and videos G20 riot participants in the hopes that the public will assist in their investigation.
German Police prepare for G20 riots Hamburg
The German Police Union (GdP) has called the list of officers “abominable, defamatory and the result of a fundamental attitude that glorifies and exerts violence,” noting the danger of “left-wing extremist terrorists” who “stir up hatred,” adding that “this must be stopped and done quickly.”
https://twitter.com/OnlineMagazin/status/883283754202148865
Violence broke out after 20,000 people took to the streets to protest the July G20 meeting held in Hamburg, Germany – 1,000 or so of which were described as “hard-left militants.” Reuters reported at the time:
“for the 1,000 hard-left militants who wreaked havoc on the streets of Hamburg, German Chancellor Angela Merkel could not have chosen a better location to hold the G20 summit.” That’s because the dense, urban environment allows them to disperse and hide easily, and the city is full symbols of the wealth they detest – from the gleaming 800 million euro ($913 million) Elbphilharmonie concert hall to the shipyards that build luxury yachts.
As the July 7-8 summit started, Black Bloc anarchists and other anti-capitalist protesters sat in groups on main intersections, blocking streets and bridges leading to the summit venue as well as a road used by trucks at Hamburg Port. On Thursday night, they hurled beer bottles, blocked roads using trash bins and set cars on fire.
A total of 186 people were detained and 225 were arrested, while around 500 police officers were reportedly injured. Arrest warrants were issued for 51 individuals following the riots.
live police r3move protesters against g20 Hamburg https://t.co/Ym0XFep691 — Lizzie Phelan (@LizziePhelan) July 7, 2017
Hamburg authorities faced accusations of abuse of power during the summit, as German media reported the use of a banned combat weapon, to fire on attackers. The MZP 1multipurpose pistol was used to shoot rubber bullets on 15 occasions, while tear gas was deployed 67 times between July 6 and July 8.
H&K MZP 1 pictured on a German police officer during G20 riots (Twitter)
Hamburg police insist that the MZP 1 is a permitted weapon, however a Finance Ministry document seen by Spiegel reveals that it is in fact a banned combat weapon. The manufacturer of the weapon, Heckler & Koch, classifies the MZP 1 as a grenade launcher.
This article was posted: Wednesday, December 20, 2017 at 6:17 am
Print this page.
Infowars.com Videos:
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One shrewd football gambler is betting a small fortune that the Miami Dolphins will be the NFL’s biggest loser this season.
An unidentified bettor put down $3,400 on Thursday at 30-1 odds for Miami to go 0-16 in the regular season, a hapless feat last accomplished by the Cleveland Browns in 2017 and the Detroit Lions in 2008.
DraftKings Sportsbook noted the relatively huge potential windfall of $102,000 on Sunday after New England destroyed Miami 43-0. With two games in the books, Miami has scored just 10 points, while giving up a total of 102 to New England and Baltimore.
Up next for Miami is a trip to Dallas, where the Dolphins are 21-point underdogs in a game with an over-under of 47.5, according to DraftKings. The last time the Cowboys have been expected to win that big was against Philadelphia in 1987 as 21.5-point favorites, according to CBS Sports.
A message seeking comment about DraftKings’ updated odds and overall action for Miami to go 0-16 was not immediately returned Monday, but the possibility is getting enough traction that Westgate SuperBook in Las Vegas put out a figure after Sunday’s loss, according to CBS senior NFL writer Will Brinson.
On the flip side of 0-16, the Patriots are 18.5-point favorites over the Jets on Sunday and are starting to attract bets that they’ll have the perfect regular season to contrast with Miami’s expected futility.
“With a mid-six-figure liability on the Dolphins to go 0-16 at 30/1, it is clear a number of DraftKings’ customers took advantage of a rather high price in comparison to other sportsbooks. We are not shy about taking large wagers and this offer is an example of our commitment to giving our customers the most engaging and exciting products in sports and entertainment,” Jamie Shea, DraftKings Head of Digital Sportsbook Operations, said in a statement.
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import React from 'react';
import * as Sentry from '@sentry/react';
import styled from '@emotion/styled';
import space from 'app/styles/space';
import SettingsNavigationGroup from 'app/views/settings/components/settingsNavigationGroup';
import {NavigationSection, NavigationProps} from 'app/views/settings/types';
type DefaultProps = {
/**
* Additional navigation configuration driven by hooks
*/
hookConfigs: NavigationSection[];
/**
* Additional navigation elements driven from hooks
*/
hooks: React.ReactElement[];
};
type Props = DefaultProps &
NavigationProps & {
/**
* The configuration for this navigation panel
*/
navigationObjects: NavigationSection[];
};
class SettingsNavigation extends React.Component<Props> {
static defaultProps: DefaultProps = {
hooks: [],
hookConfigs: [],
};
componentDidCatch(error: Error, errorInfo: React.ErrorInfo) {
Sentry.withScope(scope => {
Object.keys(errorInfo).forEach(key => {
scope.setExtra(key, errorInfo[key]);
});
scope.setExtra('url', window.location.href);
Sentry.captureException(error);
});
}
render() {
const {navigationObjects, hooks, hookConfigs, ...otherProps} = this.props;
const navWithHooks = navigationObjects.concat(hookConfigs);
return (
<PositionStickyWrapper>
{navWithHooks.map(config => (
<SettingsNavigationGroup key={config.name} {...otherProps} {...config} />
))}
{hooks.map((Hook, i) => React.cloneElement(Hook, {key: `hook-${i}`}))}
</PositionStickyWrapper>
);
}
}
const PositionStickyWrapper = styled('div')`
padding: ${space(4)};
padding-right: ${space(2)};
@media (min-width: ${p => p.theme.breakpoints[0]}) {
position: sticky;
top: 70px;
overflow: scroll;
height: calc(100vh - 70px);
-ms-overflow-style: none;
scrollbar-width: none;
&::-webkit-scrollbar {
display: none;
}
}
`;
export default SettingsNavigation;
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Sunday, September 25, 2016
Pope Francis: Vanity is osteoporosis of the soul
During his homily during the daily Mass at the Casa Santa Marta, Pope
Francis spoke about vanity, which “masks” life, making it look like
something it is not.
The Gospel of the day describes King Herod (Antipas) as being
perplexed or anxious because, having had John the Baptist killed, he now
felt threatened by Jesus. He was worried just as his father, Herod the
Great, was troubled after the visit of the Magi.
There can be two
different kinds of anxiety in the soul, Pope Francis said, a “good”
anxiety, which “the Holy Spirit gives us” and which “makes the soul
restless to do good things”; and a “bad” anxiety, “that which is born
from a dirty conscience.”
The two Herods tried to resolve their anxiety
by killing, going forward over “the bodies of the people”:These people who had done such evil, who does evil and has a
dirty conscience and cannot live in peace, because they live with a
continual itch, with a continual rash that does not leave them in peace…
These people have done evil, but evil always has the same root, any
evil: greed, vanity, and pride. And all three do not leave the
conscience in peace; all three do not allow the healthy restlessness of
the Holy Spirit to enter, but bring you to live like this: anxiously,
with fear. Greed, vanity, and pride are the roots of all evils.
Vanity, the osteoporosis of the soul
The day’s first Reading, taken from Ecclesiastes, speaks about vanity: The vanity that makes us swell up. The vanity that does not have
long life, because it is like a soap bubble. The vanity that does not
give us true gain. What profit comes to the person for all the effort he
puts into worrying? He is anxious to appear, to pretend, to seem. This
is vanity. If we want to speak simply: vanity is covering up real life.
And this makes the soul sick. Because in the end, if they cover up their
real life in order to appear or to seem a certain way, all the things
they do to pretend… What is gained? Vanity is like an osteoporosis of
the soul: the bones seem good on the outside, but within they are
totally ruined. Vanity makes us a fraud.A face like an image in a picture, but the truth is otherwise
It’s like con men who “mark the cards” in order to win, the Pope
continued. But “this victory is a fiction, it’s not true. This is
vanity: living to pretend, living to seem, living to appear. And this
makes the soul restless.” Pope Francis recalled the strong words Saint
Bernard had for the vain: “Think of what you will be: food for worms.”
Following on the saint’s thought, the Pope said, “All this ‘putting
make-up’ on life is a lie, because the worms will eat you and you will
be nothing.” What power does vanity have? he asked.
Driven by pride to
wickedness, it does not allow you to see your mistakes, “it covers
everything, everything is covered”: How many people do we know that appear one way: ‘What a good
person! He goes to Mass every Sunday. He makes great donations to the
Church.’ This is how they appear, but the osteoporosis is the corruption
they have within. There are people like this – but there are also holy
people! – who do this. This is vanity: You try to appear with a face
like a pretty picture, and yet your truth is otherwise. And where is our
strength and security, our refuge? We read it in the psalm between the
readings: ‘Lord, you have been our refuge from generation to
generation.’ And before the Gospel we recalled the words of Jesus: ‘I am
the way, the truth, and the life.’ This is the truth, not the cosmetics
of vanity. May the Lord free us from these three roots of all evil:
greed, vanity, and pride. But especially from vanity, that makes us so
bad.
|
<!DOCTYPE html PUBLIC>
<html lang="en" lang="en">
<head>
<meta http-equiv="Content-Type" content="text/html;charset=utf-8" />
<meta http-equiv="Content-Style-Type" content="text/css" />
<title>
Page Rules - Size - Size 2 Length
</title>
<script src="../../../../dist/paged.polyfill.js"></script>
<style>
:root{
font-size: 18px;
}
@page {
size: 140mm 200mm;
margin: 20mm 20mm;
}
@media screen {
.pagedjs_page {
box-shadow: 0 0 0 1px rgba(0, 0,0,0.2);
}
}
</style>
</head>
<body>
<section>
<h1>Lorem ipsum dolor sit amet</h1>
<p>
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Morbi non suscipit odio. Aenean ut ligula id mauris efficitur tincidunt vitae non leo. In convallis convallis leo, eget molestie metus imperdiet eu. Praesent pharetra, leo a laoreet mattis, ligula nisl commodo ante, non vestibulum nisi lacus eget magna. Maecenas scelerisque nibh ac felis egestas, egestas elementum risus pellentesque. Nulla iaculis ut leo a iaculis. Donec vel sodales dolor, vel fringilla elit. Vivamus aliquam diam eu maximus elementum. Integer eu urna at felis fermentum hendrerit.
</p>
<p>
Nulla dignissim pellentesque magna ac maximus. Integer id tincidunt erat. Sed elementum posuere augue, quis pharetra mi vehicula in. Nullam rhoncus mi quis lectus gravida dignissim. Pellentesque a tortor ut leo pretium auctor non in massa. Nunc efficitur vestibulum mi, id mattis quam aliquet id. Ut semper tortor sit amet molestie mattis. Pellentesque habitant morbi tristique senectus et netus et malesuada fames ac turpis egestas. Donec laoreet eleifend purus ut sagittis. Nunc consequat vel sapien at convallis.
</p>
</section>
</body>
</html>
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Jerry Brito Discusses the Executive Branch's Regulatory Power and Overreach
EXPERT COMMENTARY
Jerry Brito Discusses the Executive Branch's Regulatory Power and Overreach
Earlier this month, the Senate voted not to pass a bill, backed by the Obama administration, that would have imposed cybersecurity regulations on private computer networks. A day later, the White House announced that it was considering issuing an executive order to accomplish many of the failed bill's goals. One wonders why we have a Congress at all.
It would not be the first time President Barack Obama takes unilateral action to accomplish what Congress has chosen not to do. Under the banner of "We Can't Wait," the president has issued aseries of orders to bypass lawmakers whom he sees as obstructionist. Many in Congress have denounced the president's actions as an unprecedented power grab, but in some respects, they are the ones who gave him the sweeping powers he is now exercising.
The president has acted to ignore Congress in two ways: One way employs power vested in him by the Constitution, the other power given to him by Congress.
The first is by exercising discretion in how the laws are executed. After the DREAM Act failed in Congress, Obama directed immigration officials in the executive branch to exempt from enforcement undocumented persons who came to the United States as children. While the specifics of the order are questionable, the executive certainly has the authority to prioritize how limited enforcement resources are employed. Choosing to pursue violent illegal immigrants first, for example, is within any president's power. In doing so he is not creating new law over Congress's objections, but merely exercising discretion about how to best execute existing laws.
Jerry Brito was a senior research fellow at the Mercatus Center at George Mason University and director of its Technology Policy Program. He also serves as an adjunct professor of law at George Mason University. His research focuses on technology and Internet policy, copyright, and the regulatory process.
|
Q:
bootstrap dropdown button trigger from other button
I'm trying to trigger the dropdown button from another button and can't seem to get it to work.
jsfiddle
<button type="button" class="btn btn-primary" id="btnFilter">Action</button>
<button type="button" id="btntest" class="btn btn-default dropdown-toggle" data-toggle="dropdown" aria-expanded="false" style="display:none;">Action <span class="caret"></span>
</button>
<ul class="dropdown-menu" role="menu">
<li><a href="#">Action</a>
</li>
<li><a href="#">Another action</a>
</li>
<li><a href="#">Something else here</a>
</li>
<li class="divider"></li>
<li><a href="#">Separated link</a>
</li>
</ul>
JS
$(function(){
$('#btnFilter').on('click', function(){
$("#btntest").trigger('click');
});
});
A:
Add stopPropagation to your button click.
http://jsfiddle.net/cv19ou74/1/
|
The project, named Apache ASL Trails in a reference to American Sign Language, now finds itself in an unlikely spot, facing charges of discrimination for favoring deaf and hard-of-hearing people over others, disabled or not. The federal agency released its finding in January after examining marketing materials and the project’s criteria for tenant selection, even though the developer assured it that the documents in question had been misinterpreted or were outdated.
Last June, HUD drafted a compliance agreement limiting the number of units set aside for deaf residents, which seems to have only stoked the dispute. State officials said the agency at one point threatened to withhold money from the state if it did not continue with the plan. But the state housing director, Michael Trailor, did not back down, saying he had to “stand up for the rights of disabled people.”
Advocates for the disabled fear that the finding might complicate other projects in which federal money would be used to build housing for adults with special needs. Already, the Southwest Autism Research and Resource Center, based in Phoenix, has scrapped plans to use federal grants to help pay for a development designed for autistic adults, opting instead to pursue private financing.
Through combative legal correspondence and in emotional meetings, the parties in the Tempe project, working to negotiate a compromise, have argued over the meaning of the federal statute governing fair housing practices and the word “discrimination” as it applies to the deaf.
John Trasviña, HUD’s assistant secretary for fair housing and equal opportunity, said in a statement that “federal law prohibits facilities that receive HUD funds from providing separate or different housing for one group of individuals with disabilities because this practice denies or limits access to housing for other individuals based on the types of disabilities they have.” (The agency did not make Mr. Trasviña or other officials available for on-the-record interviews.)
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Hatchability of bobwhite quail eggs incubated in various temperature combinations.
Five experiments were conducted to compare the effects of various incubation temperature combinations on the hatchability of Bobwhite quail eggs. A starting incubation temperature of 40.6 C resulted in numerically lower hatchability. Incubation at 37.5 C resulted in a greater number of pipped, unhatched eggs, and a later, less uniform hatch. Temperatures during the hatching period (22 to 25 days of incubation) of 36.9 C and 38.1 C resulted in lower hatchability than the hatching temperature of 37.5 C.
|
Q:
SSRS Excel Renderder, set up page break vertically in single sheet for printing rather than new tab
I have two tables in my ssrs report, I want to export those two tables in single sheet of excel but with page break so that if I do print preview, two different tables should be displyed in two different pages, even if first page has enough space to display the second table. How can I achieve this?
A:
Alas, this is not possible with the default renderers. Either there is a page break between the two tables, or there isn't, the report itself has no knowledge of how it will be rendered. Excel will always generate a new tab for a page break, afaik.
See the corresponding msdn documentation for more info on (amongst other things) page breaks.
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Shakira Skirt (Calypso)
*This item is for PRE-ORDER expected ship date 2-3 weeks from order date
The Shakira skirt was designed to remind you how much you love wearing skirts! It's so fun, feminine and flattering. The adorable ruffle back is a MUST with a hidden adjustable drawstring addition to the waistband. Weather you are running, playing tennis, or buying groceries, you will always be a contender for best outfit with this skirt.
Lightweight, breathable and form-fitted
Medium rise wide waistband for additional coverage
Adjustable drawstring on the waistband
Flat seams for comfort
Deep side pockets on interior short
UVB Protection for the outdoor runner or tennis player
Size 1 skirt is 13.5 in. from top to bottom with a 3.5 in. short inseam
+ Quickview{"id":724813217838,"title":"Rio Skirt (Calypso)","handle":"rio-skirt-calypso","description":"\u003cp\u003e\u003cem\u003e\u003cspan style=\"color: #cc0000;\"\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e *This item is for PRE-ORDER expected ship date 2-3 weeks from order date\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/span\u003e\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003eThe new RIO skirt was designed to give you more comfort and function than any other design. The scrunched waistband is fun and flattering. The deep side pockets on the interior short make storing running essentials a breeze.\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eLightweight, breathable and form-fitted\u003c\/li\u003e\n\u003cli\u003eMedium rise wide waistband for additional coverage\u003c\/li\u003e\n\u003cli\u003eFlat seams for comfort\u003c\/li\u003e\n\u003cli\u003eDeep side pockets on interior short\u003c\/li\u003e\n\u003cli\u003eUVB Protection for the outdoor runner or tennis player\u003c\/li\u003e\n\u003cli\u003eSize 1 skirt is 14.5 in. from top to bottom with a 4 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 2 skirt is 15.5 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 3 skirt is 16.5 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003c\/ul\u003e","published_at":"2018-06-28T20:03:40-04:00","created_at":"2018-06-27T15:29:55-04:00","vendor":"Dona Jo Fitwear","type":"Bottoms - Skirts","tags":["59-100","all-tennis","bottoms","color-calypso","current","size-size-1-0-8","size-size-2-10-14","size-size-3-16-20","skirts","skorts","under-100","under-1000"],"price":6200,"price_min":6200,"price_max":6200,"available":true,"price_varies":false,"compare_at_price":null,"compare_at_price_min":0,"compare_at_price_max":0,"compare_at_price_varies":false,"variants":[{"id":8067251568686,"title":"Calypso \/ Size 1 (0-8)","option1":"Calypso","option2":"Size 1 (0-8)","option3":null,"sku":"SKI602-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626947579950,"product_id":724813217838,"position":1,"created_at":"2018-06-28T20:02:40-04:00","updated_at":"2018-06-28T20:02:40-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_0.jpg?v=1530230560","variant_ids":[8067251568686,8067251601454,8067251634222]},"available":true,"name":"Rio Skirt (Calypso) - Calypso \/ Size 1 (0-8)","public_title":"Calypso \/ Size 1 (0-8)","options":["Calypso","Size 1 (0-8)"],"price":6200,"weight":227,"compare_at_price":null,"inventory_quantity":25,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":8067251601454,"title":"Calypso \/ Size 2 (10-14)","option1":"Calypso","option2":"Size 2 (10-14)","option3":null,"sku":"SKI602P-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626947579950,"product_id":724813217838,"position":1,"created_at":"2018-06-28T20:02:40-04:00","updated_at":"2018-06-28T20:02:40-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_0.jpg?v=1530230560","variant_ids":[8067251568686,8067251601454,8067251634222]},"available":true,"name":"Rio Skirt (Calypso) - Calypso \/ Size 2 (10-14)","public_title":"Calypso \/ Size 2 (10-14)","options":["Calypso","Size 2 (10-14)"],"price":6200,"weight":227,"compare_at_price":null,"inventory_quantity":18,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":8067251634222,"title":"Calypso \/ Size 3 (16-20)","option1":"Calypso","option2":"Size 3 (16-20)","option3":null,"sku":"SKI602PP-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626947579950,"product_id":724813217838,"position":1,"created_at":"2018-06-28T20:02:40-04:00","updated_at":"2018-06-28T20:02:40-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_0.jpg?v=1530230560","variant_ids":[8067251568686,8067251601454,8067251634222]},"available":true,"name":"Rio Skirt (Calypso) - Calypso \/ Size 3 (16-20)","public_title":"Calypso \/ Size 3 (16-20)","options":["Calypso","Size 3 (16-20)"],"price":6200,"weight":269,"compare_at_price":null,"inventory_quantity":7,"inventory_management":"shopify","inventory_policy":"continue","barcode":""}],"images":["\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_0.jpg?v=1530230560","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_1.jpg?v=1530230562","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_2.jpg?v=1530230563","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_3.jpg?v=1530230565","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_4.jpg?v=1530230567"],"featured_image":"\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/rioski_calypso_0.jpg?v=1530230560","options":["Color","Size"],"content":"\u003cp\u003e\u003cem\u003e\u003cspan style=\"color: #cc0000;\"\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e *This item is for PRE-ORDER expected ship date 2-3 weeks from order date\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/span\u003e\u003c\/em\u003e\u003c\/p\u003e\n\u003cp\u003eThe new RIO skirt was designed to give you more comfort and function than any other design. The scrunched waistband is fun and flattering. The deep side pockets on the interior short make storing running essentials a breeze.\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eLightweight, breathable and form-fitted\u003c\/li\u003e\n\u003cli\u003eMedium rise wide waistband for additional coverage\u003c\/li\u003e\n\u003cli\u003eFlat seams for comfort\u003c\/li\u003e\n\u003cli\u003eDeep side pockets on interior short\u003c\/li\u003e\n\u003cli\u003eUVB Protection for the outdoor runner or tennis player\u003c\/li\u003e\n\u003cli\u003eSize 1 skirt is 14.5 in. from top to bottom with a 4 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 2 skirt is 15.5 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 3 skirt is 16.5 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003c\/ul\u003e"}
+ Quickview{"id":724743421998,"title":"Surf Skirt (Calypso)","handle":"surf-skirt-calypso","description":"\u003cp\u003e\u003cspan style=\"color: #cc0000;\"\u003e\u003cstrong\u003e\u003cem\u003e\u003cspan color=\"#cc0000\"\u003e \u003c\/span\u003e\u003cspan color=\"#cc0000\"\u003e*This item is for PRE-ORDER expected ship date 2-3 weeks from purchase date\u003c\/span\u003e\u003c\/em\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThe Surf skirt is the same length as our best seller JoJo skirt. We designed this skirt with a sporty style in mind. It has a super slimming cut with a hidden drawstring waist addition. This is a MUST Dona Jo style to add to your growing skirt wardrobe! \u003c\/span\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eLightweight, breathable and form-fitted\u003c\/li\u003e\n\u003cli\u003eMedium rise wide waistband for additional coverage\u003c\/li\u003e\n\u003cli\u003eAdjustable drawstring on the waistband\u003c\/li\u003e\n\u003cli\u003eFlat seams for comfort\u003c\/li\u003e\n\u003cli\u003eDeep side pockets on interior short\u003c\/li\u003e\n\u003cli\u003eUVB Protection for the outdoor runner or tennis player\u003c\/li\u003e\n\u003cli\u003eSize 1 skirt is 14 in. from top to bottom with a 4 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 2 skirt is 15 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 3 skirt is 16 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003c\/ul\u003e","published_at":"2018-06-28T20:13:00-04:00","created_at":"2018-06-27T13:38:35-04:00","vendor":"Dona Jo Fitwear","type":"Bottoms - Skirts","tags":["59-100","all-tennis","bottoms","color-calypso","current","size-size-1-0-8","size-size-2-10-14","size-size-3-16-20","skirts","skorts","under-100","under-1000"],"price":5900,"price_min":5900,"price_max":5900,"available":true,"price_varies":false,"compare_at_price":null,"compare_at_price_min":0,"compare_at_price_max":0,"compare_at_price_varies":false,"variants":[{"id":8066963832878,"title":"Calypso \/ Size 1 (0-8)","option1":"Calypso","option2":"Size 1 (0-8)","option3":null,"sku":"SKI502-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626970091566,"product_id":724743421998,"position":1,"created_at":"2018-06-28T20:11:30-04:00","updated_at":"2018-06-28T20:11:56-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_0.jpg?v=1530231116","variant_ids":[8066963832878,8066963865646,8066963898414]},"available":true,"name":"Surf Skirt (Calypso) - Calypso \/ Size 1 (0-8)","public_title":"Calypso \/ Size 1 (0-8)","options":["Calypso","Size 1 (0-8)"],"price":5900,"weight":227,"compare_at_price":null,"inventory_quantity":12,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":8066963865646,"title":"Calypso \/ Size 2 (10-14)","option1":"Calypso","option2":"Size 2 (10-14)","option3":null,"sku":"SKI502P-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626970091566,"product_id":724743421998,"position":1,"created_at":"2018-06-28T20:11:30-04:00","updated_at":"2018-06-28T20:11:56-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_0.jpg?v=1530231116","variant_ids":[8066963832878,8066963865646,8066963898414]},"available":true,"name":"Surf Skirt (Calypso) - Calypso \/ Size 2 (10-14)","public_title":"Calypso \/ Size 2 (10-14)","options":["Calypso","Size 2 (10-14)"],"price":5900,"weight":227,"compare_at_price":null,"inventory_quantity":11,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":8066963898414,"title":"Calypso \/ Size 3 (16-20)","option1":"Calypso","option2":"Size 3 (16-20)","option3":null,"sku":"SKI502PP-CALYPSO","requires_shipping":true,"taxable":false,"featured_image":{"id":2626970091566,"product_id":724743421998,"position":1,"created_at":"2018-06-28T20:11:30-04:00","updated_at":"2018-06-28T20:11:56-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_0.jpg?v=1530231116","variant_ids":[8066963832878,8066963865646,8066963898414]},"available":true,"name":"Surf Skirt (Calypso) - Calypso \/ Size 3 (16-20)","public_title":"Calypso \/ Size 3 (16-20)","options":["Calypso","Size 3 (16-20)"],"price":5900,"weight":269,"compare_at_price":null,"inventory_quantity":2,"inventory_management":"shopify","inventory_policy":"continue","barcode":""}],"images":["\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_0.jpg?v=1530231116","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_1.jpg?v=1530231116","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_4.jpg?v=1530231116","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_3.jpg?v=1530231116","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_2.jpg?v=1530231116"],"featured_image":"\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/surfski_calypso_0.jpg?v=1530231116","options":["Color","Size"],"content":"\u003cp\u003e\u003cspan style=\"color: #cc0000;\"\u003e\u003cstrong\u003e\u003cem\u003e\u003cspan color=\"#cc0000\"\u003e \u003c\/span\u003e\u003cspan color=\"#cc0000\"\u003e*This item is for PRE-ORDER expected ship date 2-3 weeks from purchase date\u003c\/span\u003e\u003c\/em\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThe Surf skirt is the same length as our best seller JoJo skirt. We designed this skirt with a sporty style in mind. It has a super slimming cut with a hidden drawstring waist addition. This is a MUST Dona Jo style to add to your growing skirt wardrobe! \u003c\/span\u003e\u003c\/p\u003e\n\u003cul\u003e\n\u003cli\u003eLightweight, breathable and form-fitted\u003c\/li\u003e\n\u003cli\u003eMedium rise wide waistband for additional coverage\u003c\/li\u003e\n\u003cli\u003eAdjustable drawstring on the waistband\u003c\/li\u003e\n\u003cli\u003eFlat seams for comfort\u003c\/li\u003e\n\u003cli\u003eDeep side pockets on interior short\u003c\/li\u003e\n\u003cli\u003eUVB Protection for the outdoor runner or tennis player\u003c\/li\u003e\n\u003cli\u003eSize 1 skirt is 14 in. from top to bottom with a 4 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 2 skirt is 15 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003cli\u003eSize 3 skirt is 16 in. from top to bottom with a 5 in. short inseam\u003c\/li\u003e\n\u003c\/ul\u003e"}
+ Quickview{"id":1505511440430,"title":"Bomber Jacket (Black)","handle":"bomber-jacket-black","description":"\u003cdiv class=\"page\" title=\"Page 1\"\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cspan style=\"color: #cc0000;\"\u003e\u003cem\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e *This item is for PRE-ORDER expected ship date 2-3 weeks from order date\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/em\u003e\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"page\" title=\"Page 1\"\u003e\u003cem\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/em\u003e\u003c\/div\u003e\n\u003cdiv class=\"page\" title=\"Page 1\"\u003e\n\u003cdiv class=\"layoutArea\"\u003e\n\u003cdiv class=\"column\"\u003e\n\u003cp\u003e\u003cspan\u003eWe took the Bomber Jacket to the next level with this fabric! We used a stretchy double knitted structure with elastane suitable for sweaty activities or simply looking good. This jacket has exceptional touch thanks to micro filaments yarns construction, which is up to 50 times thinner than human hair diameter. \u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThis jacket has\u003c\/span\u003e\u003cspan\u003e UV protection 50+, and is free from toxins to human skin according to international standard Oeko-Tex 100 Class I. You can also feel good to know this item is produced with technical support and partnership of SA\u003c\/span\u003e\u003cspan\u003eBESP, Brazil, who \u003c\/span\u003e\u003cspan\u003emakes sustainable use of industrial water in the process of dyeing and printing, thus allowing the use of \u003c\/span\u003e\u003cspan\u003ereusable water \u003c\/span\u003e\u003cspan\u003eand avoiding the consumption of drinking water.\u003c\/span\u003e\u003c\/p\u003e\n\u003c\/div\u003e\n\u003c\/div\u003e\n\u003c\/div\u003e","published_at":"2018-10-26T07:04:43-04:00","created_at":"2018-10-25T14:27:39-04:00","vendor":"Dona Jo Fitwear","type":"Tops - Shirts","tags":["59-100","color-black","jacket","jackets","size-size-1","size-size-2","size-size-3","tops","under-100","under-1000","what-s-new"],"price":7900,"price_min":7900,"price_max":7900,"available":true,"price_varies":false,"compare_at_price":null,"compare_at_price_min":0,"compare_at_price_max":0,"compare_at_price_varies":false,"variants":[{"id":13698428764206,"title":"Black \/ SIZE 1","option1":"Black","option2":"SIZE 1","option3":null,"sku":"JAC300-BLACK","requires_shipping":true,"taxable":false,"featured_image":{"id":4155462877230,"product_id":1505511440430,"position":1,"created_at":"2018-10-25T14:30:36-04:00","updated_at":"2018-10-25T14:31:55-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-01.jpg?v=1540492315","variant_ids":[13698428764206,13698428796974,13698428829742]},"available":true,"name":"Bomber Jacket (Black) - Black \/ SIZE 1","public_title":"Black \/ SIZE 1","options":["Black","SIZE 1"],"price":7900,"weight":196,"compare_at_price":null,"inventory_quantity":22,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":13698428796974,"title":"Black \/ SIZE 2","option1":"Black","option2":"SIZE 2","option3":null,"sku":"JAC300P-BLACK","requires_shipping":true,"taxable":false,"featured_image":{"id":4155462877230,"product_id":1505511440430,"position":1,"created_at":"2018-10-25T14:30:36-04:00","updated_at":"2018-10-25T14:31:55-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-01.jpg?v=1540492315","variant_ids":[13698428764206,13698428796974,13698428829742]},"available":true,"name":"Bomber Jacket (Black) - Black \/ SIZE 2","public_title":"Black \/ SIZE 2","options":["Black","SIZE 2"],"price":7900,"weight":196,"compare_at_price":null,"inventory_quantity":0,"inventory_management":"shopify","inventory_policy":"continue","barcode":""},{"id":13698428829742,"title":"Black \/ SIZE 3","option1":"Black","option2":"SIZE 3","option3":null,"sku":"JAC300PP-BLACK","requires_shipping":true,"taxable":false,"featured_image":{"id":4155462877230,"product_id":1505511440430,"position":1,"created_at":"2018-10-25T14:30:36-04:00","updated_at":"2018-10-25T14:31:55-04:00","alt":null,"width":641,"height":885,"src":"https:\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-01.jpg?v=1540492315","variant_ids":[13698428764206,13698428796974,13698428829742]},"available":true,"name":"Bomber Jacket (Black) - Black \/ SIZE 3","public_title":"Black \/ SIZE 3","options":["Black","SIZE 3"],"price":7900,"weight":195,"compare_at_price":null,"inventory_quantity":1,"inventory_management":"shopify","inventory_policy":"continue","barcode":""}],"images":["\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-01.jpg?v=1540492315","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-02.jpg?v=1540492315","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-06.jpg?v=1540492315","\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-05.jpg?v=1540492315"],"featured_image":"\/\/cdn.shopify.com\/s\/files\/1\/0243\/5991\/products\/jac300_black-01.jpg?v=1540492315","options":["Color","Size"],"content":"\u003cdiv class=\"page\" title=\"Page 1\"\u003e\n\u003cmeta charset=\"utf-8\"\u003e\n\u003cspan style=\"color: #cc0000;\"\u003e\u003cem\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e *This item is for PRE-ORDER expected ship date 2-3 weeks from order date\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/em\u003e\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"page\" title=\"Page 1\"\u003e\u003cem\u003e\u003ci\u003e\u003cspan color=\"#cc0000\"\u003e\u003cstrong\u003e\u003c\/strong\u003e\u003c\/span\u003e\u003c\/i\u003e\u003c\/em\u003e\u003c\/div\u003e\n\u003cdiv class=\"page\" title=\"Page 1\"\u003e\n\u003cdiv class=\"layoutArea\"\u003e\n\u003cdiv class=\"column\"\u003e\n\u003cp\u003e\u003cspan\u003eWe took the Bomber Jacket to the next level with this fabric! We used a stretchy double knitted structure with elastane suitable for sweaty activities or simply looking good. This jacket has exceptional touch thanks to micro filaments yarns construction, which is up to 50 times thinner than human hair diameter. \u003c\/span\u003e\u003c\/p\u003e\n\u003cp\u003e\u003cspan\u003eThis jacket has\u003c\/span\u003e\u003cspan\u003e UV protection 50+, and is free from toxins to human skin according to international standard Oeko-Tex 100 Class I. You can also feel good to know this item is produced with technical support and partnership of SA\u003c\/span\u003e\u003cspan\u003eBESP, Brazil, who \u003c\/span\u003e\u003cspan\u003emakes sustainable use of industrial water in the process of dyeing and printing, thus allowing the use of \u003c\/span\u003e\u003cspan\u003ereusable water \u003c\/span\u003e\u003cspan\u003eand avoiding the consumption of drinking water.\u003c\/span\u003e\u003c\/p\u003e\n\u003c\/div\u003e\n\u003c\/div\u003e\n\u003c\/div\u003e"}
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We all know what a downer people can be when exhibiting negative attitudes, but now research is showing how harmful exposure to other people’s stress can be – actually acting like a contagion. Just take a look at this video:
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The Spring Creek Project for Ideas, Nature, and the Written Word
Charles Goodrich retired in 2017 as director for the Spring Creek Project, an independent funded program based in the School of History, Philosophy, and Religion at Oregon State University.
The challenge of the Spring Creek Project is to bring together the practical wisdom of the environmental sciences, the clarity of philosophical analysis, and the creative, expressive power of the written word, to find new ways to understand and re-imagine our relation to the natural world. Spring Creek’s website: http://springcreek.oregonstate.edu
The Spring Creek Project organizes creative gatherings of people in public places to imagine new ways of thinking about, and thus acting in, the world. Spring Creek-sponsored events have included everything from informal conversations between poets, philosophers, and scientists to nationally recognized weekend symposia, from theatre and musical performances to writing workshops to field trips.
Long-Term Ecological Reflections: 2003 - 2203 In a program that will continue for two hundred years, writers visit sites in the forest to create an ongoing record of their reflections on the relation of people and forests changing together over time.
Long-Term Ecological Reflections is a collaboration between the Spring Creek Project for Ideas, Nature and the Written Word, a program in the Department of Philosophy, Oregon State University and the Andrews Forest Long-Term Ecological Research Program; and the Pacific Northwest Research Station, USDA Forest Service.
In all of our programs, writers are encouraged to visit designated study sites for reflecting on and writing about the forest and their relation to it. These writings, which will form a collection spanning hundreds of years, will be gathered in permanent archives at Oregon State University, and are accessible via the web-based Forest Log.
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Selection and mapping of replication origins from a 500-kb region of the human X chromosome and their relationship to gene expression.
In higher eukaryotes the mechanism controlling initiation of DNA replication remains largely unknown. New technologies are needed to shed light on how DNA replication initiates along the genome in specific regions. To identify the human DNA sequence requirements for initiation of replication, we developed a new method that allows selection of replication origins starting from large genomic regions of human DNA. We repeatedly isolated 15 new putative replication origins (PROs) from a human DNA region of 500 kb in which 17 genes have previously been characterized. Fine-mapping of these PROs showed that DNA replication can initiate at many specific points along actively transcribed DNA in the cell lines used for our selection. In conclusion, in this paper we describe a new method to identify PROs that suggests that the availability of initiation sites is dependent on the transcriptional state of the DNA.
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Minicamp News and Notes
-First-round pick Kentwan Balmer will start off as the team’s right defensive end. Coach Mike Nolan said he wants to start the rookie off there and then move him to nose guard. Nolan said the techniques for all three defensive line positions are the same, so it shouldn’t be a huge transition for Balmer to move over the center when the time comes.
-Tight end Vernon Davis and linebacker Parys Haralson got into a throw-down during team drills. Davis got the best of Haralson catching him underneath the armpit with his arm after Haralson threw a punch. Davis then hurled Haralson to the ground with a resounding thud. “When he gets into a fight he can be very dangerous because he’s so strong,” Nolan said of Davis. “The other guy (Haralson) has good toughness, but he might want to pick (on) somebody else.”
–Alex Smith wasn’t limited at all during the first practice. He rotated in with Shaun Hill for most of the team and throwing drills. Smith says he can’t quite throw the long pass yet, but he looked crisp and fairly accurate with his passes. He made the pass of the day, a laser to wide receiver Isaac Bruce on a crossing route.
–Tully Banta-Cain is in much better shape from a year ago, when he reported at 290 pounds. He wouldn’t reveal his weight, but said he’s in playing shape right now. “At the start of the season, I want to be in the best shape of my life,” said the six-year veteran. On the roster, Banta-Cain is listed as 6-2, 280 pounds.
-Offensive players seem excited about the Mike Martz offense. Davis has been told he’ll be high-lighted. “I’m a pass-catcher first,” he said. During special teams practice, Davis worked on the sidelines, catching balls one-handed, something I’ve not seen him do before. Running backs and receivers will be challenged to learn the constant shifting, but most liked the offense. “There’s a lot of adjustment you do on the run,” receiver Ashley Lelie said. “It puts us in the offense on every play.”
-In the morning session, the offense didn’t look wide open. In fact, mostly quarterbacks checked the ball down in passing and team drills. “Typically, the defense always has the upper hand (in minicamps),” Nolan said. “The offense is always a little bit behind.”
-Nolan said not to read anything into the starting lineups. The only surprise was Jeff Ulbrich starting as the “Ted” linebacker and getting most of the repetitions over Brandon Moore and Dontarrious Thomas.
-In the past, Martz said quarterback J.T. O’Sullivan is in the mix for the starter’s job, and Nolan agreed Friday’s morning session. O’Sullivan didn’t get as many reps because the other quarterbacks are still learning the Martz offense. O’Sullivan threw the only interception in the team period. Linebacker Brandon Moore picked off his pass. At least in the morning session, Smith looked to have better zip on his passes than Shaun Hill, but if the 49ers have learned anything about Hill, it’s that he’s not a great practice player.
–David Baas is wearing a large sling on his right arm. He tore his pectoral tendon last week while bench-pressing 335 pounds. He said he tore his left pec tendon 10 years ago in high school bench pressing 225 pounds. “I would hate to think what would happen if I went to 445 pounds,” he joked. Baas said he knew he tore the tendon right away. Asked if it was painful, Baas said, “I was more pissed off than anything else.” Baas and Nolan said he should return to practice towards the end of training camp. Baas then said it will just be matter of re-capturing his strength. He doesn’t expect to lose his starting job because of the injury.
-Alex Smith followed Nolan to the post-practice media lectern, at which point Nolan hugged his quarterback. “We should hug around these guys,” Nolan said while catching Smith in an embrace. While the stunt was amusing, it does seem that vitriol from last season between coach and quarterback has dissipated.
-Smith did look more fundamentally sound and said that he’s trying to rid himself of bad throwing habits. He said that Martz is focusing on how he holds the ball, his eyes, his posture and footwork. “All that stuff is getting coached,” Smith said. Smith’s dad, Doug, a former high school football coach told Mike Silver of Yahoo that Alex was never taught the fundamentals since he’s been with the 49ers.
-Practice took place with NFL Films-type music in the background, adding a little bit of a bizarre twinge to the proceedings. “When you think about it, there’s never really a time in the game when it counts, where there’s silence,” Nolan said. The music might stay even through the season. “As we go forward, the key is getting the right volume,” Nolan said. One sideline observer said, “The music makes you feel like you’re watching Mutual of Omaha’s Wild Kingdom.”
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Duration of antinociceptive action of morphine, methadone and alpha-l-acetylmethadol subcutaneously in rats.
The duration of antinociceptive action of alpha-l-acetylmethadol (LAM), determined in the rat tail pinch test, was 6 times that of morphine and 3 times that of methadone. Onset of activity was considerably later after LAM than after morphine or methadone.
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Time to put on our walking shoes again - and our
raingear, as a few sprinkles interrupted our sunshine. Kalmar is an
exceptionally pretty town, with almost more than its share of history.
You can't really get a sense of all the history without walking around
in it. Seeing pictures in a book (or on a web page) just doesn't do it.
Jerry kept up with everyone
else, clomping his way along. Nobody believed that he was 76 years old. Or young. Maybe 76 really
IS the new 50...
Kalmar seal
The
walk was a lead-up to the main attraction, Kalmar Castle.
We
could see the castle in the distance, beckoning us onward.
A model of the castle showed what it was like
before a few "modern" renovations undertaken by King Gustav and his sons
in the 1500s.
We had another excellent tour guide (I forget
her name; maybe next time, I'll write that sort of thing down).
After the castle tour, there was a
better-than-average gift shop. We spent some time browsing before we
headed back to the trusty bus. Dave and Mathieu kept it well-stocked
with a variety of beverages for thirsty travelers.
It was a beautiful day for a drive over
the Øresund Bridge between Sweden and Denmark. If this thing isn't on
the list of the
new 7 wonders of the world, it should be.
The group arrived in Copenhagen (København) in
time to stroll around a bit. On our way to dinner, we ran into Hans
Christian Andersen. He regaled us with tales of his life and of the
area. Serendipity? We didn't care if it was or not; we were enthralled.
Evening found us at a historic restaurant,
Det Lille Apotek, where
Andersen and other notables were said to have dined. The specialty of
the house was "stone beef," which consisted of meat and accompaniments
which we seared on a hot lava rock. Some people contended that this was
work, and suggested that the restaurant should be doing the cooking. The
rest of us dug in to our succulent (and perfectly cooked) feast.
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Q:
Developing a native app works like a shortcut - Is this a good approach?
My company is making a native app for smartphones, which is just using a web view directly linked to one of our web pages.
I'm very skeptical about our approach and looking for better one if exists. Technically, web apps can be accessed via mobile browsers, which is included to all mobile OSs. So this app seems redundant to me.
I'm not an app developer(I'm a web developer btw), but I also heard it is hard and takes a long time to submit apps to app stores, especially in iOS since their policy forbid this kind of apps. To workaround this, our iOS app has a foldable dock containing some links that web app has. Too many hassles for a small thing.
My only guess is, it is easier for customers to use apps rather than using mobile browsers and googling to find our websites and bookmark them.
Is this a good approach? What are the alternatives for better UX?
A:
You can try progressive web apps. They are a method of converting your webapp into a real app, which is accessible even without a network, and they feel like a native app.
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Could we meet the needs of everyone on the planet without stripping the Earth of all its resources? A paper in this week’s Nature Sustainability says: kind of.
It should be possible to meet the basic physical needs of everyone on the planet without using up physical resources too quickly. But it wouldn’t be possible to extend a first-world standard of living to everyone without needing “a level of resource use that is two-six times the sustainable level,” researcher Daniel O’Neill and his colleagues report. Only a drastic improvement in efficiency would allow the planet to manage this higher standard of living.
O’Neill and his colleagues looked at the resources that humans use a lot of and that are critical for the planet’s health: things like fresh water, carbon dioxide, nitrogen, and phosphorus. Exceeding the “planetary boundaries” of these resources risks global environmental stability—and we’re not doing well on that front.
Pushing boundaries
The new paper assesses around 150 countries for their performance at meeting a series of human needs, ranging from the very basic (nutrition, sanitation, and freedom from extreme poverty) to the more advanced (like equality and democratic quality). They used the data to assess how well countries are doing at meeting their citizens’ needs and how much they’re eating into the planet’s resources to achieve this. To achieve global utopia, every country on the list would need to meet all of its citizens’ needs without exceeding its share of planetary resources.
Instead, unsurprisingly, an interactive graphic shows that the countries that are doing well on quality of life are hogging the resources, while the countries that aren’t hogging resources generally lag on well-being. Wealthy countries like the US, Canada, France, and Japan are generally doing well by their citizens but are blazing through planetary boundaries. Countries like Malawi and Nepal aren't gobbling up resources, but they also aren't meeting well-being thresholds.
The relationship isn’t perfect, though: some countries have to deal with the worst of both worlds. Turkey, Mongolia, South Africa, and Swaziland are doing particularly badly—they’re transgressing on five or six of the seven planetary boundaries the researchers assessed, while meeting well-being targets on zero (Swaziland) to three (Mongolia) of the 11 well-being thresholds.
On the other hand, some countries get high marks with much less. Vietnam stands out of the crowd, meeting six of the well-being targets while transgressing only two planetary boundaries. Germany does a smidge better than other wealthy countries, hitting all well-being targets but only five of the seven planetary boundaries.
O’Neill and his colleagues point out that the efficient countries give reason for hope: “Some nations are able to achieve the social thresholds at a much lower level of resource use,” they write. “These results give a sense of the possibility space for achieving the social thresholds within planetary boundaries.”
Unsustainable
On the other hand, they add, if population growth continues on its current path, the problem will become more and more complicated. It may be possible to meet the basic physical needs of everyone on the planet—as long as “everyone on the planet” is still less than seven billion people. As the population increases, the need for efficiency increases, too.
Things like democratic quality and equality don’t directly produce high standards of living, but they are associated with them. These items have less of a clear relationship to resource use: getting everyone food and healthcare is linked strongly to physical resources, but getting everyone social support is a different ball game. Extra consumption of resources isn’t as closely tied to advanced needs, the researchers suggest.
This implies that wealthy countries should be able to reduce their consumption without reducing their quality of life. But this would require a shift from the pursuit of GDP growth to what the researchers term “alternative economic models such as a steady-state economy.”
This grading system has some rough edges—for instance, it makes the assumption of an average per-person distribution of resources, when the reality is that some regions will always have a higher need or footprint than others. Water-scarce areas, for example, have to use more resources in maintaining their water supply.
Future research will need to address some of these complications if we want to come up with more precise estimates. But this is a start at answering the question of what a sustainable world that takes care of everyone could look like and what it would take to get there.
Nature Sustainability, 2018. DOI: 10.1038/s41893-018-0021-4 (About DOIs).
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Glycosylation is not required for membrane localization or secretion of IgM in a mouse B cell lymphoma.
We have investigated the importance of glycosylation in determining the function of membrane-bound and secreted immunoglobulin M (IgM). Hickman and Kornfeld (1978) previously observed that glycosylation is required for IgM to be secreted by 104E, a mouse plasma cell tumor. In order to determine whether this requirement is a general one for all forms of IgM, we have used WEHI 279.1, a mouse B lymphoma that synthesizes both the membrane and secreted forms of IgM. In the presence of 5 microgram/ml tunicamycin (Tm), glycosylation of both membrane and secreted IgM is at least 90% inhibited, but total protein synthesis is equivalent in control and Tm-treated cells. Despite the absence of carbohydrate, IgM molecules are properly assembled into monomers for membrane localization. Cells whose surfaces have been stripped of membrane IgM by treatment with anti-mu antibody resynthesize the IgM equally well in the presence or absence of Tm. It is more surprising that the assembly of IgM into pentamers and the secretion of these pentamers into the medium are accomplished at the same rate and to about the same levels in control and Tm-treated WEHI 279.1 cells. This is in sharp contrast to the profound inhibition of IgM secretion observed when the plasmacytoma cell 104E is treated with the same concentration of Tm (5 microgram/ml). Although both WEHI 279.1 and 104E cells secrete IgM, the 2 are models for cells at very different points along the B cell differentiation pathway. The difference in the effect of Tm-treatment on IgM secretion may reflect a cellular change that occurs during this differentiation. The unglycosylated IgM is very sensitive to trypsin digestion, whereas the native forms are not. This suggests that the function of glycosylation may be to stabilize the IgM against proteolysis.
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We need greater restrictions on judges.
We need greater restrictions on judges. In order to ensure that people are treated fairly within the justice system we must have judges that adhere to certain ethics or codes of conduct. Judges must be impartial, have a high knowledge of the law, have good patience, be honest, have lots of life experience, be empathic and have a sense of humanity.
Yes We Do
I believe judges do need to have more restrictions because their freedom can negatively impact those in the justice system. I believe judges need more guidelines to follow so punishments and consequences are approximately the same regardless of where a person is within the United States. I think some judges get the idea that their methods are better than those that have been found to work.
Judges are important
The fate of thousands of people around the country in the criminal justice or civil justice system lay in the hands of judges, and as such they should be treated with the most scrutiny possible. We don't need injust, irresponsible people on the bench, and greater restrictions on judges might be one way to do this.
Yes, we need greater restrictions on judges.
I believe that we need greater restrictions on judges. I think that judges these days seem to operate beyond the power that is given to them from the judicial system. I think that there needs to more rules and restriction placed upon such individuals. I think that doing so will create a fairer system.
We're doing fine, thanks.
I think that our current restrictions and other limits on judges are fine as they are. We are actually very good at uncovering and then punishing most judicial misconduct. For example, there was that judge in Pennsylvania who is now in prison for accepting bribes. The system does work very well.
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Farnesyl transferase inhibitors enhance death receptor signals and induce apoptosis in multiple myeloma cells.
Multiple myeloma is an incurable plasma cell malignancy in which Ras may be constitutively active either via interleukin-6 (IL-6) receptor signaling or by mutation. Inactivation of Ras may be achieved with farnesyl transferase (FTase) inhibitors a class of drugs which have shown promise in clinical trials particularly in patients with acute leukemia. This report investigates the efficacy of two distinct classes of FTase inhibitors in diverse myeloma cell lines and primary isolates. While Ras signaling has traditionally been linked to myeloma cell growth, we found that these compounds also potently triggered cell death. Death induced by perillic acid (PA) was caspase dependent without evidence of death receptor activation. Apoptosis was associated with mitochondrial membrane depolarization and activation of caspase-9 and 3 but proceeded despite over-expression of Bcl-XL a known correlate of relapsed and chemorefractory myeloma. In addition, Fas ligand and TRAIL mediated apoptosis was potentiated in death receptor resistant (U266) and sensitive (RPMI 8226/S) cell lines. Of clinical relevance, the FTase inhibitor R115777 induced cell death in myeloma lines at doses observed in clinical trials. Furthermore, both R115777 and PA induced cell death in primary isolates with relative specificity. Taken together these preclinical data provide evidence that FTase inhibitors may be an effective therapeutic modality for the treatment of multiple myeloma.
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In The News
Bringing Staff Experience, Operations Into Healthcare Design
Three years ago, Langlade Hospital in Antigo, Wisc., set out to construct a new critical access hospital, responding to not only the pressing need to replace its existing Hill-Burton-era building with a new facility but also to create a care environment that would be primed for the future of value-based care and heightened accountability for providers.
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Anime Picture Couple
Making an anime is no simple task. It’s an entire process of building and illustrating a global, finding motivations, weaving experiences – this is a significant undertaking! However, it is also a great exercise in ingenuity. If you’re passionate about anime you will most probably really enjoy making your own.
Xd Anime Couple Photo Fanpop
Steps
Method 1 : Outlining a World
Figure out where you want your storyline to be arranged. Is it going to be on an alien globe? Is it going to be on a location that is relatively similar to places on the planet? You don’t need to find out everything about the complete world, nevertheless, you do need to figure out where you want your history to occur.
For example, perhaps you want the major action of your story to occur in a global where most people are in caves because beyond caves there are always a ton of dangerous slime pits that you could fall into.
Find the interesting things about your world. Like slime pits! Animes frequently have parts of their world that are slightly magical or unusual for some reason. Maybe pianos have a discussion and give people a lot of advice. Maybe there are flying beasts that people use to get from place to place. It generally does not need to be something incredibly fantastical or something out of an science fiction book – just opt for something that works together with your world and your story.
For instance, the magic of the world is actually a simple folk tale which may or might not exactly be true. Maybe on the slime pit world there is a report that if you fall under a slime pit and survive you’ll be granted special forces but nobody recognizes if this holds true or not.
Decide the technical advancement of the world. Will be the residents of your world living in apartment complexes or in real wood huts? Are they hunting for their food, or can each goes out to evening meal are restaurants? Naturally there are always a lot of other opportunities in between and beyond these cases. The technological position of your world will advise a lot of the techniques your characters connect to the issues that face them.
For example if someone falls into a slime pit in a technological advanced world, maybe it’s no big deal because everyone would wear anti-slime suits.
Related posts to Anime Picture Couple
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Method 2 : Creating Characters
Choose what they look like and their personalities. You should try to decide what they look like at the same time that you decide their personalities. Try pulling the people and then jotting down beside them what their personality qualities would be. Perhaps you have one character that is absolutely brilliant and perceptive but prone to getting rid of their temper. Maybe you have another character that is very devoted but very unkind to strangers. Sketch drafts of your personas.
What sort of people look is important since it can play into their personality. For example, maybe the muscular personality is the hero. Conversely, maybe the muscular personality is a total coward. Either way, his body informs his personality in an interesting way.
Choose a protagonist. You don’t need to have just one main personality, but it’s nice to give the reader someone to root for. Most anime have a protagonist.
Consider providing them with special capabilities. Anime often feature heroes with special talents accomplishing extraordinary things. It could be a good idea to give your primary character some kind of power that will assist her or him offer with whatever the situation in your anime is likely to be. Your character does not have to have the ability to fly or have very durability – find something small and interesting that helps the type deal with original challenges.
For example, maybe your personality is incredibly fearless! That’s a special potential, but it is not magic.
Create relationships between the characters. Family, love passions and friends of your protagonist should all play a major role in your storyline. These are the strongest cable connections that individuals have with others and they help motivate, motivate, and create discord. All those things are positive features in a fun story.
Figure out each characters drive. The other personas can play into the characters desire, but find a distinctive thing that drives them. It can be getting educated or getting the girl, it just must be something that the protagonist is very interested in.
Start by pulling your world in an animation program. You can find many free web animation programs online that allow you to easily create a world and character. You’ve already made the decision what you want the world the appearance like, so now you just need to take it to life. Take your time and don’t be concerned if it changes from your original plan.
Draw your heroes. Make your characters in the same computer animation program. Refer to the drawings and sketches that you have already done in order to inform your final product.
Draw your personas interacting with the world. Now all you need to do is incorporate the people and the entire world. This may immediately commence to give you ideas for testimonies and potential storyline lines to follow. Maybe your personas want to explore those significant cliffs out in the distance they have never been to before. Maybe the sun gets dimmer and dimmer everyday and they have to determine what is going on. The surroundings can be a huge impetus in any story, and anime is no different.
For instance, maybe your world has large slime pits all over the place. Maybe your primary characters little sibling falls into one of these slime pits and the other heroes have to figure out a way to save him. You now have the beginning of a plot!
Integrate dialogue that fits the inspiration and personalities of the people. Once you’ve characters and a world you can start turning the heroes interacting with the earth into a story. This involves creating dialogue. Use dialogue that complements the situation and the character. Make an effort to make the dialogue as natural as possible. Take into account the way you talk and create conversations like that. Discussions are hardly ever 100 % directed. They sway and change subject matter constantly. Find out a way to add authenticity, and laughter to your dialogue.
Ensure that you have a newbie, midsection, and end. The beginning, middle, and end doesn’t have to be incredibly distinctive, but keeping this firm in mind can help you plan out your plot. Have a look at other classic catalogs and start to figure out what the start middle and end of these stories are.
For example, maybe the beginning of your anime has the protagonist’s little sibling falling in a slime pit. The middle could be whenever your protagonist deciding to visit alone in to the slime pit wearing an anti-slime suit to attempt to find his little sibling. The end would be the thrilling conclusion where in fact the slime demons residing in the slime pit allow only 1 of the brothers to leave, as well as your protagonist keeps behind so that his little sibling can go back home.
Include a character arc. Personality arcs won’t need to be really simplistic and flat. Not every storyline has to get started on with a sad character and end with a happy character. Rather, a persona arc should allow the main character to endure some sort of minor change or come to a realization. Although that realization is the fact that nothing changed from when the storyplot started, that still gives a aspect to the story. What you don’t want is your figure just playing around doing assorted activities with no chain of reasoning.
For instance, maybe your protagonist is selfish at the start of the story but after helping save his brother he starts to realize that he really does care about other people but that he was shutting himself off to the planet. You will dwelling address why he was shutting himself off to the earth within the next episode.
Related images to Anime Picture Couple
Method 5 : Finishing Your Anime
Think of a good name. The title is exactly what catches people’s attention. Make sure the name has something regarding the plot.
Decide if you would like your anime to be one storyline or a series. This may regulate how your report ends, or if it ends in any way. If you’d like your stories to be always a series then you have to determine ways to keep people interested. If many people are satisfied with the way the first story finished, then there is no reason behind them to view your next tv show. Create cliffhangers.
Add an exciting climax and conclusion. This is a large part of creating a cliffhanger. If you’re making multiple episodes you want to balance the collection between concluding the previous episode and arranging the next tv show up. They shouldn’t feel just like they observed the first instance for nothing, but the viewer should also be fired up to see what goes on next. Find this balance.
Connect the knots in your history. If there is a love interest at the start of the story, there should be some acknowledgement of this at the end of the storyplot. Not everything must tie up properly, nevertheless, you want your anime to look well planned and professional. When you have a couple of untied account lines it feels messy.
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Focal adhesion kinase functions as a receptor-proximal signaling component required for directed cell migration.
In performing host-defense functions, cells of the immune system become activated by soluble chemokine signals and must migrate through endothelial cell or solid tissue barriers to reach sites of inflammation or infection. Regulated adhesive interactions of immune cells with endothelium, extracellular matrix components, and cells of solid organs are critical control points of the overall immune response. Both the soluble chemokine and cell adhesion receptor-mediated migration signals must converge on common intracellular targets to engage the cell migration machinery. In this article, we focus on the role of focal adhesion kinase (FAK) and its homolog Pyk2 as cytoplasmic mediators of motility events in multiple cell types. We introduce the overall domain structure of the FAK and Pyk2 nonreceptor protein tyrosine kinases (PTKs), highlight some of the signals that activate these PTKs, and detail the molecules that functionally interact and signal transduction pathways that may mediate cell migration responses. Emphasis is placed on the knowledge gained from studies using FAK-null cells as a model system to decipher the role of this PTK in promoting cell motility.
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WASHINGTON TALK: STATE DEPARTMENT
By EDWIN McDOWELL, Special to the New York Times
Published: July 1, 1988
WASHINGTON—
It started out last year as a harmless sounding project: a book by American and Greek authors about the administration of Prime Minister Andreas Papandreou of Greece, edited and published by Greek-Americans. But now, two months before publication, the project has created a stir involving the State Department, the Greek Embassy and others associated with it.
The book, ''Greece Under Socialism: A NATO Ally Adrift,'' is scheduled for publication Aug. 30 by Aristide D. Caratzas, Publisher, of New Rochelle, N.Y. It was edited by Nikolaos A. Stavrou, a professor of international affairs and political science at Howard University.
Professor Stavrou and Mr. Caratzas accuse officials of the Papandreou administration of trying to censor a chapter in the book, of trying to intimidate them for refusing to withdraw the chapter and, in one case, of using a racial epithet. Friends in the Greek Government, Mr. Caratzas said, warned both him and Professor Stavrou that warrants would be issued for their arrest if either of them visited Greece.
While acknowledging that he had asked to have the controversial chapter withdrawn, George Papoulias, the Greek Ambassador to the United States, has called the broader accusations ''nonsense.'' Four Greek Contributors
Among the 14 contributors to the book are four Greeks. Matthew Nimetz, a former Under Secretary of State, wrote the introduction, and Robert Pranger, a former Deputy Assistant Secretary of Defense for international security, contributed a chapter. But it is the essay of Yannis Kapsis, Deputy Secretary of Foreign Affairs in the Papandreou government, that stirred the controversy.
In response to an invitation from Professor Stavrou, Mr. Kapsis submitted an article last October on the philosophy and goals of Greek foreign policy. At that time the book's working title was ''PASOK in Power: A Critical Analysis of Its Domestic and Foreign Policies.'' PASOK is the acronym for Mr. Papandreou's governing party, the Panhellenic Socialist Movement.
While editing the manuscript, however, Professor Stavrou changed the title of the book to ''Greece Under Socialism: The Rise, Policies and Decline of Andreas Papandreou.'' When he finished editing it he changed the subtitle again to ''A NATO Ally Adrift,'' which he said more accurately reflects the book's contents.
But last December, when the book still bore the first subtitle - that is, ''The Rise, Policies and Decline of Andreas Papandreou'' - Ambassador Papoulias said in a letter to Professor Stavrou that Mr. Kapsis wished to withdraw his article. The reason, he said, was that the subtitle suggested ''a biased and unobjective context.'' A Question of Credibility
Professor Stavrou refused, saying that the project was already too far along and that any suggestion of bias and lack of objectivity ''touches upon my credibility as a scholar and upon the credibility of internationally known contributors.''
In an interview, Professor Stavrou, who was born in Greece but who has lived in the United States for more than 30 years and is an American citizen, said he would have withheld the article if Mr. Kapsis or Ambassador Papoulias had said only that they wished to withdraw it. ''But I couldn't withdraw it after they said the book is subjective, before they read a single line of it,'' the professor added.
Ambassador Papoulias said in a telephone interview that Mr. Kapsis contributed the article in good faith, and demurred after he learned that the planned subtitle talked about the ''decline'' of Mr. Papandreou.
''It's very improper for a high government official to be led to contribute to a book about the decline of the government he is serving,'' the Ambassador said. He also said he had talked by telephone with the publisher and the editor ''to try to make them understand it was unfair'' to include Mr. Kapsis's article in the book. Subtitle Changes Defended
Professor Stavrou said the subtitle under which the book would now be published was not chosen to mollify or accommodate the Greek Government, any more than the previous subtitle was intended to rile it.
''It is not unusual for a book to have one or more working titles right through the editing process,'' he said. ''And after I read the contributions in their entirety, it was clear that Papandreou is still popular, although the popularity of his party is declining. The new subtitle is meant to reflect the book's contents.''
Mr. Nimetz, the former State Department official, said he was unaware of any pressure from the Greek Government. ''No one has approached me in any way,'' he said. But he added that he did not find any of the book's essays particularly controversial. ''The book is an attempt to be descriptive, which is hard to do about a government that's still in power,'' he said, ''but I can't see much for anybody to object to.''
Robert Pranger, now a research fellow at the University of Maryland, also said the book was not polemical. ''It's a very straightforward book, not meant to excite,'' he said. Opponent of Greek Junta
Mr. Pranger added that he found the apparent animosity between Professor Stavrou and the Papandreou government ironic in view of past events. ''Stavrou in the '60's was an outspoken opponent of the Greek junta, like Papandreou,'' Mr. Pranger said. ''When I went to Greece in '81 and met Papandreou before the election, Nick set up the meeting.''
Mr. Caratzas, the Greek-born publisher of the book, charged that he and Professor Stavrou ''have been subjected to improper and inordinate pressure by the Papandreou government.'' The warning not to come to Greece, for instance, was made by Mr. Kapsis himself, among others, Mr. Caratzas said.
''The Ambassador referred to me as hostile to the democratically elected Greek Government,'' Mr. Caratzas said. ''I wrote to him and said that publishing a book critical in parts of a government doesn't mean that we are enemies.''
Ambassador Papoulias, while saying that Mr. Kapsis was within his rights in asking to withdraw his essay from the book, denied that his Government had tried to harass or intimidate Mr. Stavrou or Mr. Caratzas. ''Mr. Kapsis reserves his rights according to existing legislation in the U.S. or Greece,'' the Ambassador said. ''But that is not a threat - that's his right under the law.'' Racial Slur Protested
The racial incident came about last December when a member of the Greek Embassy press office staff reportedly denounced Professor Stavrou in a gathering, saying: ''Mr. Stavrou - he cannot write books, he can only teach niggers at a most mediocre university.''
Howard University, where Professor Stavrou has taught for two decades, is a predominantly black educational institution. In a letter of protest to Ambassador Papoulias, the chairman of Howard's department of political science, Hilbourne A. Watson, noted that he had learned ''personally'' of the denunciation and said he was ''strongly opposed'' to such an attack on Professor Stavrou.
Meanwhile, Professor Stavrou left this week for the Balkans, including Greece. His visit to his homeland is partly business, he said, because a Greek publisher is negotiating to publish the book. ''But I also intend to test this threat,'' he added. ''I do not intend to let a government harass or intimidate me.''
The State Department has cabled the United States Embassy in Athens to look after Professor Stavrou.
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Kennewick, WA – The Saskatoon Blades have emerged 2-1 victors on Wednesday evening following a hard-fought battle against the Tri-City Americans. Blades’ goaltender Nolan Maier led from the back, making 34 saves on 35 shots faced over the course of the evening.
Following a tense & scoreless 40 minutes of play, Tristen Robins opened the scoring at the 3:35 mark the third period with a breakaway goal set up by Riley McKay. The goal is Robins’ 9th of the season.
REPLAY: Tristen Robins' 9th of the year that put us up 1-0 🚨#BladeCity pic.twitter.com/skYRzNGA5G — Saskatoon Blades (@BladesHockey) November 28, 2019
Nolan Kneen then scored the game winning goal just 30 seconds later off of a slick cross-crease pass from Matej Toman via Colton Dach. The goal was Kneen’s sixth of the season and his fourth game-winning-goal of the campaign.
The Americans got one back before the end of the game, however Maier & the boys held steady for a gritty win. Robins & Maier were named 3rd and 1st Star in the post-game ceremony. Meanwhile Beck Warm, Tri-City’s netminder, stopped 43 of 45 shots the Blades sent his way to earn 2nd Star honours. Saskatoon went perfect on the penalty kill with six straight kills.
The Blades are now on the road home to Saskatoon but will make two more stops before arriving at their final destination starting with a Friday night matchup against the red-hot Hurricanes in Lethbridge. Puck drop is at 8:00pm CST.
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The hip is one of the largest – and most important – joints in the body. The ball-and-socket joint allows you to do fun activities like exercising and dancing, and is also critical to simple movements, like walking and putting on socks. However, for those experiencing hip pain and inflammation, even those simple tasks can be excruciating.
For patients who experience chronic hip pain and inflammation, relief can come as a total hip replacement. The procedure, which is performed regularly at Fresno Surgical Hospital, removes damaged cartilage and bone, and replaces the worn joint with a synthetic joint made of metal, medical-grade plastic or ceramic components.
Hip pain can come from several causes. From age-related arthritis to hip issues that started during childhood, the joint’s health can decline rapidly or over time, depending on the specific cause. Arthritis is the most common cause, and the American Academy of Orthopaedic Surgeons cites the following as the types that cause hip discomfort:
Osteoarthritis: An age-related arthritis that is most common in patients over 50
Avascular Necrosis: Hip injuries that limit blood supply to the femoral head, or the “ball” portion of the ball-and-socket hip joint, causes this type of arthritis
For patients in the Central Valley who are suffering from chronic hip pain and inflammation due to the above-listed ailments, orthopaedic surgeons at Fresno Surgical Hospital recommend undergoing an evaluation to determine if a hip replacement is the right choice.
The evaluation will include a conversation to gather general information about a patient’s medical history, a physical examination to assess the current state of the hip and current range of movement, hip x-rays, blood tests and depending on the specific need, additional imaging testing including MRIs. Surgeons consider pain levels and disability when making a recommendation on whether or not to move forward with hip replacement surgery.
There are several methods to complete a hip replacement, including incisions through the back of the hips, the side of the hip, or through the front of the leg, known as the anterior approach.
The anterior approach makes it possible for surgeons to complete the hip replacement without cutting through muscles, allowing for a shorter recovery period. Surgeons are also able to more easily measure the leg length and implant position with this particular method, ensuring more precise placement of the implant. In addition to shorter healing and recovery time, the anterior approach also has a smaller chance for hip implant dislocation. Patients who undergo hip replacement surgery with the anterior method lay flat on their backs during the procedure, allowing surgeons to utilize x-ray technology that provides another level of access and precision when placing the hip implant.
Surgeons remove the damaged cartilage and bone, and position the new implants to re-align the hip and restore range of motion. The implant itself consists of the ball component and the socket component. The ball is made of durable metal, plastic or ceramic, and the socket is shaped like a cup with a durable outer shell. Implants are either cemented to the bones or fixated using the “press-fit” method, which allows the existing bone to grow into the porous material of the implant. Surgeons consider the durability of the existing bone and other factors when deciding which placement method to employ.
“The anterior hip replacement method allows surgeons at Fresno Surgical Hospital to complete the surgery in the most precise manner possible, meaning long-term positive results for our patients,” says Dr. Matt Simons with Fresno Surgical Hospital. “We pride ourselves on offering the highest quality care in the Central Valley, and our goal is to elevate our patients’ quality of life through the services we offer.”
Hip replacement surgery is significant; surgeons must utilize regional or general anesthesia during the surgery. In addition to anesthesia, surgeons also administer antibiotics and anticoagulant drugs. This standard procedure fights infection and helps avoid post-surgical complications.
After the surgery, patients should expect a healing time of up to six weeks. Patients who receive anterior hip replacements should expect to undergo significant physical therapy to ensure the new hip functions correctly.
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(TFC) – Anarchism. It’ll happen if we just wish hard enough, right? Or should we begin taking concrete steps to hasten its arrival? If you believe anarchism will suddenly appear as a viable society because we want it to, or because the inevitable collapse of the current unsustainable system will usher it in, you’re dismissed. Bringing about an idea as revolutionary as self-government will take work. For many of us, we are probably planting the seeds of a shade tree we will never have the pleasure of sitting under. The process must begin and it must continue. Below is a list of things every anarchist, regardless of hyphen, should begin engaging in. The activities will speed the arrival of anarchism, or protect you during what will be a turbulent period of adjustment. Below the suggestions are anticipated objections or questions from various schools of thought.
Force Multiply: One of the key elements in anarchism is self-reliance. In some variations, it may be reliance on the community. Force multiplication is a military concept, but it applies to any other field of endeavor. The theory is the premise by which American Green Berets live. One person teaches ten, who each teach ten, who each teach ten and so on. Eventually, there is a viable resistance force in the country in which they are operating. By the fifth generation of this formula, the skills of the first person are now known by 100,000. Whatever your skill is, teach it. From gardens to guerillas, art to artillery, medicine to mathematics, it is the duty of every anarchist to become a Renessaince man or woman. Every time you teach a new skill, you are creating a better, stronger, more self-reliant anarchist. By extension, you are creating a better, stronger, more self-reliant movement.
Counter-Economics: This goes beyond cryptocurrencies and black markets. Any dime you can deprive the powers of the state is a victory. This means buying locally, shopping at thrift stores, or through alternative channels whenever possible. It means lowering your rate of consumption of goods. It means avoiding large multinational chains whenever possible. It won’t always be possible. Economics dictates that sometimes your wallet must come before your principles. Repair, reuse, and repurpose anything that’s feasible. Starve the economy.
Anarcho-capitalists: “I happen to find the business practices of Wal-Mart to be a testament to the power of the free market. Why should I stop supporting them?” The profits from your purchases aren’t just taxed and thereby provide funding for the state; large multinational corporations pay off government officials at every level through legal campaign contributions or through illegal bribes. Your purchases fund the stranglehold the government has on its people.
Prepare for the Worst: The transition from a world of nations to a stateless society will not be peaceful. Even if the catalyst for change begins peacefully, the perceived power vacuum will cause someone to step up and attempt to carve out a kingdom. You need to be prepared to defend yourself and your loved ones. Anarchists must prepare for the worst humanity has to offer so that eventually they can bring it the best. This means learning about warfare, not about fighting in the streets with bottles and sticks.
Anarcho-pacifists: “This is diametrically opposed to my ideology.” I respect your wishes to die with your ideology intact. For the rest of us, it is imperative that we are capable of violence at a greater level than those who would seek to place us back under the yoke of tyranny.
Get a Job/Start a Business: Most would agree that anarchists are in a war for the very soul of humanity. We are attempting to wage that war against thousands of years of the entrenched belief that people require a ruler. Wars cost money. It doesn’t matter if it’s a spiritual, ideological, or physical war. Money greases the wheels of the war machine. From feeding the homeless to funding direct action, money enables it. Economic self-sufficiency is required to continue the fight.
Anarcho-communists: “I shouldn’t have to pay just to live.” Somebody will have to obtain the funding to achieve the society you want. If not you, who? Also remember that in order for the “workers of the world” to unite, there must be workers.
Teach the Children Quietly: This is a long game. It won’t be won overnight. The next generation of anarchist is more important than the current. Each generation should become better than the last. We must not only encourage free thought and self-reliance in our own children, but we must encourage and give opportunities to the young would-be anarchists. How often have you seen the person just beginning to explore the idea of freedom be mocked for completely explainable ignorance? None of us were born with an innate understanding of freedom, it’s a path and it’s a long journey. When a newly minted anarchist is met with nothing but derision by those who should be encouraging her, she might abandon the belief. When a fledgling anarchist asks a question and receives nothing but questions about whether or not they’ve read philosopher x, he might simply vanish. Anarchism is not some esoteric belief system in which only the best and brightest may advance. It is for everyone. We must attempt to mentor those who would fight for freedom.
Look out for the Downtrodden: It’s extremely hard to convince people that anarchism would be anything other than a dog eat dog world when many anarchists refuse to help their neighbor or even seek to persecute the less fortunate. It provides the opposition with all of the ammunition they need to prove to the average person governments are needed to protect them from the evil people waiting to pounce. Economically disadvantaged people should be cared for as much as possible. When anarchists provide services the state should be providing, it demonstrates that social responsibility does not have to be forced through taxation. Prisoners are not only in need but are in a special situation. They are already angry at the state and are quite literally a captive audience. Every effort should be made to reach out to the incarcerated.
Anarcho-capitalists: “Why should I give additionally when I’m already taxed for these services? #TaxationIsTheft” If you don’t, you’re allowing the government to use your money and claim credit. However, if you are giving additionally, you can use that as a method of bringing up government inefficiency and the inherent violence of government. Any conversation with the press should include mention of having to pay for the same service twice because the government is corrupt and ineffective.
Stop Being Coopted: In the last few months, we have witnessed left-leaning anarchists be coopted by the Democratic Party in the United States, and right-leaning anarchists coopted by the Republican Party. Anarchists are literally fighting in the streets while the benefits of the battles go to government entities. End it. Now. There should never be a situation when anarchists are waging war against other anarchists on behalf of the state.
Anarcho-communists and anarcho-capitalists: “But they aren’t real anarchists!” Are they more anarchistic than the political parties? Or Immigration and Customs Enforcement? Those are now the only entities benefiting from this feud. Meanwhile, anarchists are painted as the criminals in the street only justifying more police presence.
Form Alliances with Non-Anarchists: All over the country there are small pockets of people who believe government should only exist at the county level. These individuals are natural allies. Most sensible anarchists would agree that in a stateless society local communities would have their own standards and methods of conducting themselves. These minarchists can easily exist in one area while being bordered by anarchist communities.
Anarcho-insurrectionists: “All statists must die!” That’s wonderful rhetoric, and it’s the rhetoric of those who have never seen real violence or taken a life. Cooperation is always better than having another enemy. From a military standpoint, if these local government proponents are to be on one side or the other, wouldn’t it be better to have them with anarchists? If they seek to expand their control or become totalitarian, they can be removed at a later date.
Support Balkanization at all Times: Anarchism is a global game. Failure to create large pockets of anarchist societies across the globe will doom the movement. It may seem counter-intuitive for anarchists to support nationalistic endeavors. However, as noted above, a stateless society will most likely be made up of small communities with their own customs, cultures, and sense of community. Every nation that splits brings us closer to that. So when the Basque wish to separate from Spain, support them. When the Irish wish to leave the UK, support them. When the Kurds want to leave Iraq or Syria, support them. Support any move that creates nations with smaller areas of control.
Anarchists in general: “But a lot of nations support other nations breaking up so they can install puppets.” Yes, they do. Because smaller nations are weaker nations. Weaker nations are a stepping stone to no nations.
Stop Fighting With Other Anarchists: Ansoc vs Anprim, Ancom vs Ancap, well let’s be honest. It’s everybody vs Ancaps at some point. This infighting creates an easily exploitable rivalry that allows others to coopt the groups. Can you provide any other explanation for anarchists of any sort to be offering to defend US Immigration agents? It’s the hatred of Anarcho-communists that led anarcho-capitalists to make such a statement. Remember, no matter what economic system you support, you’re an anarchist first. Siding with the state over another anarchist should be the clearest sign that you have been coopted. Remember, there is room for every possible configuration of anarchism without a state.
Anarcho-communists: “Ancaps believe in a hierarchy! They aren’t anarchists!” They want the destruction of the state. That puts them in the anarchist pantheon. Let’s apply the Ancom theory, though, and see where it leads. If Ancaps were to establish these geographic monopolies and behave as tyrants, what would happen? Under the Ancom doctrine, the workers would rise up, seize the means of production, and thereby put an end to the anarcho-capitalist menace. It’s a fight that can take place later, once the actual opposition has been defeated. Let’s also be honest, most self-described Ancaps are not really the titans of industry they think they are.
Anarcho-capitalists: “NAP, property rights, free markets, and helicopters.” Under the Ancap doctrine, communism wouldn’t be able to compete in a free market. Communes would collapse under their own weight. Why on earth would you waste time fighting a group that under your own belief system would fail to compete and disappear?
Anarcho-primitivists: “These people aren’t real anarchists because they aren’t living with nature.” I have to admit, I personally believe the Anprims are the most pure hyphenated form of anarchism. That being said, I’m not giving up running water or central heat and air. Let’s be very honest, most Anprims will be dead thirty years after the revolution anyway. Why waste time arguing about which economic system takes over after you’re dead?
Be an Anarchist: Everyday. Think for yourself, live your own life, encourage others, develop self-reliance. Refuse to bow to any authority but your own conscience. The revolution isn’t coming, it’s here. It’s just going to be a long war and the most important battle is taking place every day inside your own mind. You have to live the life of an anarchist to show others it can be done. You are a walking advertisement for anarchism.
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1. Field of the Invention
The present invention relates to a light emitting display, and more particularly to an organic light emitting diode (OLED) light emitting display utilizing electroluminescent (EL) light emission of an organic material.
2. Discussion of the Related Art
Generally, OLED displays emit light by electrically exciting an organic compound. Such an OLED display includes N×M organic light emitting diodes arranged in the form of a matrix, and displays an image by driving the organic light emitting cells, using voltage or current.
Such organic light emitting cells are also called “organic light emitting diodes (OLEDs)” because they have diode characteristics. As shown in FIG. 1, each organic light emitting diode has a structure including an anode electrode layer (e.g., ITO), an organic layer, and a cathode electrode layer (e.g., metal). The organic layer has a multi-layer structure including an emitting layer (EML), an electron transport layer (ETL), and a hole transport layer (HTL), to achieve an improved balance between electrons and holes, and thus, to achieve an enhancement in light emitting efficiency. The organic layer also includes an electron injecting layer (EIL) and a hole injecting layer (HIL). Such organic light emitting diodes are arranged in the form of an N×M matrix to form an OLED display panel.
For driving methods for such an OLED display panel, there are a passive matrix type of driving method and an active matrix type of driving method using thin film transistors (TFTs). In accordance with the passive matrix type of driving method, anodes and cathodes are arranged to be orthogonal to each other so that a desired line to be driven is selected. In accordance with the active matrix type of driving method, thin film transistors are coupled to respective indium tin oxide (ITO) pixel electrodes in an OLED display panel so that the OLED display panel is driven by a voltage maintained by a capacitor coupled to the gate of each thin film transistor.
FIG. 1 shows a circuit diagram for representing one of N×M pixels as a conventional pixel circuit, equivalently representing a pixel arranged in a first row and a first column.
As shown in FIG. 1, a pixel 10 includes three sub-pixels 10r, 10g, and 10b. The sub-pixels 10r, 10g, and 10b respectively include OLED elements OLED_r, OLED_g, and OLED_b for respectively emitting red, green, and blue lights. In a configuration in which sub-pixels are arranged in a stripe pattern, the sub-pixels 10r, 10g, and 10b are respectively coupled to data lines D1r, D1g, and D1b, and are commonly coupled to a scan line S1.
The sub-pixel 10r for emitting the red light includes two transistors M1r and M2r, and a storage capacitor C1r for driving the OLED element OLED_r. The sub-pixel 10g for emitting the green light includes two transistors M1g and M2g, and a storage capacitor C1g. The sub-pixel 10b for emitting the blue light includes two transistors, M1b and M2b, and a storage capacitor C1b. Operations of the sub-pixels 10r, 10g, and 10b are substantially the same as each other, and therefore only the operation of the sub-pixel 10r will be described.
The driving transistor M1r is coupled between a first power source VDD and an anode of the OLED element OLED_r, and transmits a current to the OLED element OLED_r to emit the OLED element OLED_r. The cathode of the OLED element OLED_r is coupled to a second power source VSS which provides a voltage lower than that of the first power source. Current of the driving transistor M1r is controlled by a data voltage applied through a switching transistor M2r. The capacitor C1r is coupled between a source and a gate of the transistor M1r, and it maintains an applied voltage for a predetermined period of time. A gate of the transistor M2r is coupled to the scan line S1 for transmitting a switching signal, and a source of the transistor M2r is coupled to the data line D1r for transmitting a data voltage corresponding to the sub-pixel 10r for emitting a red light.
A data voltage VDATA from the data line D1r is applied to the gate of the transistor M1r when the switching transistor M2r is turned on in response to a selection signal applied to the gate of the transistor M2r. A current of IOLED flows to the transistor M1r correspondingly to a voltage of VGS charged between the gate and the source by the capacitor C1r, and the OLED element OLED_r is emitted corresponding to the current of IOLED. At this time, the current of IOLED flowing through the OLED element OLED_r is given as Equation 1.
I OLED = β 2 ( V GS - V TH ) 2 = β 2 ( V DD - V DATA - V TH ) 2 [ Equation 1 ]
In the pixel circuit shown in FIG. 1, when a current corresponding to the data voltage is supplied to the OLED element OLED_r, the OLED element OLED_r is emitted with a brightness corresponding to the supplied current. At this time, the applied data voltage has various values within a predetermined range in order to express predetermined gray scales.
As shown, the OLED light emitting display includes the pixel 10 including the three sub-pixels 10r, 10g, and 10b. The respective sub-pixels include a driving transistor, a switching transistor, and a capacitor for driving an OLED element. A data line for transmitting a data signal and a power line for applying the first power source VDD are formed for each sub-pixel. Accordingly, the OLED light emitting display must include a large number of lines and other elements. The lines are difficult to arrange in a limited display area, and aperture efficiency corresponding to an emitting pixel area is reduced. Therefore a pixel circuit for reducing the number of lines and elements for driving a pixel should be developed.
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What did we just see! Almost a month after Thor: Ragnarok dropped its first trailer at Comic-Con, Marvel released the Japanese trailer of Thor 3. And well, it has a surprise no one expected.
The first trailer released featured the mighty Incredible Hulk and teased the green superhero and Thor's equation. But the new trailer brought back memories of the post credit scene of Doctor Strange.
Also Read: Could Dark Tower's Matthew McConaughey play young Odin in MCU's Thor?
In the new trailer, director Taika Waititi revealed the first look of Benedict Cumberbatch in the Marvel movie. The glimpse is short but Doctor Strange informs Thor that he senses a "great change" in his future. "Destiny has dire plans for you my friend," Strange says. Thor replies, "I have dire plans for destiny."
The actors are seen in the Sanctum Sanctorum, assumingly New York, when the interaction takes place. The trailer then proceeds to replicate the Comic-Con trailer.
While it is known that Doctor Strange will play a crucial role in Thor 3, details about his screen timing and how big his role will be is still unknown. It was during the filming of Thor: Ragnarok last year that fans spotted a Doctor Strange reference. It was in the post credit scene that it was confirmed the two superheroes will be uniting.
According to the post credit scene, it has been clear that Doctor Strange will help Thor in finding Odin. The father of Loki and Thor mysteriously disappears at the end of Thor: The Dark World and the makers leave the movie on a cliff-hanger note.
An ample number of Thor 3's filming photos surfaced online teasing Odin has become a hobo on Earth and Thor has the address of Doctor Strange last year. So it is safe to say that Cumberbatch's role will be limited to the subplot of the movie.
Thor: Ragnarok releases on November 3 this year.
Watch the Thor: Ragnarok's Japanese trailer below:
Doctor Strange post credits scene:
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181 Kan. 350 (1957)
310 P.2d 896
KENNETH V. DILL, Appellant,
v.
ANTHONY W. MILES, M.D., Appellee.
No. 40,515
Supreme Court of Kansas.
Opinion filed May 11, 1957.
Milton Zacharias, of Wichita, argued the cause, and Kenneth H. Hiebsch, Richard A. Render, and Albert L. Kamas, all of Wichita, and Joseph B. Danzansky, Raymond R. Dickey, Milton Quint, Bernard Gordon, and Robert F. Rolnick, all of Washington, D.C., were with him on the briefs for the appellant.
William Tinker, of Wichita, argued the cause, and Getto McDonald, Arthur W. Skaer, Hugh P. Quinn, William Porter, and John E. Lancelot, all of Wichita, were with him on the brief for the appellee.
The opinion of the court was delivered by
WERTZ, J.:
This was an action to recover damages resulting from the alleged malpractice of a physician in the diagnosis and treatment of his patient. Appellant, Kenneth V. Dill, the patient, will hereinafter be referred to as plaintiff, and appellee, Anthony W. Miles, the physician and surgeon, as defendant.
The petition contains four causes of action, carefully detailed, and consists of thirty-three paragraphs. The first cause alleges a negligent decision to employ improper diagnostic procedures and a departure from recognized medical principles; the second alleges defendant was careless, unskillful and negligent in the performance of those procedures; the third alleges plaintiff was not told about *351 his condition and the facts were concealed by defendant, who then abandoned treatment of plaintiff; the fourth seeks to recover punitive damages based upon the acts of negligence contained in the first three causes of action, alleging that such acts were willful and wanton and constituted an utter disregard for the plaintiff's health, condition and welfare.
From an order of the trial court sustaining defendant's demurrer to the fourth cause of action, plaintiff appeals.
Defendant concedes that the allegations contained in the first three causes of action state facts sufficient to constitute a cause of action for malpractice or negligence, but that such acts were neither gross, willful, wanton nor in utter disregard of plaintiff's health, condition and welfare, and, therefore, no action can be maintained for punitive damages.
We do not recognize a demurrer to a part of a cause of action, but inasmuch as the trial court sustained defendant's pleading entitled "Demurrer to Plaintiff's Fourth Cause of Action," we will, under the rule of Krey v. Schmidt, 170 Kan. 86, 223 P.2d 1015, treat it as a motion to strike. The sole question is whether the facts as alleged in the petition are sufficient to constitute wanton negligence upon which plaintiff can predicate a cause of action for punitive damages.
Omitting the formal parts in the petition, the facts, insofar as pertinent to the question involved, are as follows:
Plaintiff, after consultation with defendant regarding diagnosis and treatment of a condition known as thrombophlebitis in the lower calf of his left leg, was advised to and did enter a hospital, where defendant attempted to perform an aortogram on plaintiff's body. Upon regaining consciousness from the general anesthetic, plaintiff was informed by defendant that the aortogram had not been performed, that the aorta had not been located or penetrated, and that nothing had been accomplished in the operating room to aid defendant in examining, diagnosing or determining the nature and extent of plaintiff's ailment. Plaintiff further states that immediately upon regaining consciousness he began experiencing extreme, excruciating and nauseous pain, and paralytic sensations in the lower extremities of his body from the first lumbar to his toes, accompanied by a paralysis of his bladder and inability to void. Although he asked defendant for diagnosis, relief and treatment of these conditions, defendent did nothing whatsoever. Plaintiff's condition grew progressively worse in the next seventy-two hours, but defendant still did nothing to diagnose, relieve or treat such illness, *352 did not advise plaintiff of the seriousness of his condition, did not advise calling in another physician and surgeon, and finally withdrew from the case. Plaintiff further alleges that as a result of such neglect he sustained the following injuries: Contusions, abrasions and lacerations of his back in the general vicinity of his first lumbar vertebra; paralysis of both legs; paralysis and loss of control of his bowels; paralysis and loss of control of his bladder; adhesive arachnoiditis with paraplegia; sexual impotency; extreme arthritis; injuries to his spinal cord in the first lumbar area; permanent damage to his physical and nervous system; great body weakness.
Plaintiff states that he was unable to walk for a period of one year and can only walk now with the assistance of canes or crutches, and that the pain he suffers cannot be relieved with drugs; that his injuries are permanent and progressive; and that since the date of the attempted aortogram he has been unable to perform any gainful employment and will be unable to do so in the future.
No useful purpose would be gained by setting out in detail all of the facts alleged in the petition upon which plaintiff relies as constituting willful and wanton negligence. Summarized, it may be stated that a part of the acts of negligence of defendant was in advising the use of an aortogram for diagnosis when he knew or should have known it was not the safest and most recognized method; in holding himself out to plaintiff to be a specialist in Trans-Lumbar Aortography and, as such, attempting an aortogram without first performing an allergy test and completing a pre-operative x-ray; in making numerous insertions of an 18-gauge needle (six inches long), without aspirating same, with accompanying and repeated injections of a chemical dye solution into plaintiff's spinal cavity, spinal column, bloodstream and body, this being done in such a manner that the aorta was never located and the blood vessels around plaintiff's spinal cord were ruptured. It was further alleged that in the seventy-two hours following the attempted aortogram plaintiff's condition became quite critical; that he lost control of his bowels, bladder and lower extremities to the extent that he could not move his body or control any organs or limbs from the first lumbar vertebra to his toes; that plaintiff inquired of defendant the nature of his malady and requested diagnosis, treatment and relief from defendant; that defendant knew or should have known that plaintiff's condition was serious and critical in nature, but, notwithstanding the apparent critical condition, defendant did nothing to relieve, treat or diagnose plaintiff's condition, and that defendant *353 negligently concealed from plaintiff the fact of the apparent injuries and infections of his lower extremities; that defendant willfully, wantonly and negligently represented to plaintiff that his condition was not a result of the attempted aortogram and was not serious in nature; that, in fact, plaintiff's condition was serious in nature and represented a continuing and progressive threat to his state of health and general welfare, and it was the duty of defendant to exercise the skill and care usually exercised by experts and specialists in the field of Trans-Lumbar Aortography and Internal Medicine, to inform the plaintiff of defendant's lack of skill, knowledge and ability, and to advise, recommend and suggest the services of other physicians and surgeons, which he failed to do; that the facts with relation to plaintiff's grave condition were concealed by defendant, and that he represented to the plaintiff that his condition was not serious in nature, and did thereupon abandon the treatment of plaintiff without any cause whatsoever.
The general rule to be used in determining whether the facts of a given case constitute gross and wanton negligence has long been settled in this jurisdiction, our last declaration appearing in Long v. Foley, 180 Kan. 83, 89, 299 P.2d 63, wherein, in quoting from Bailey v. Resner, 168 Kan. 439, 442, 214 P.2d 323, it was stated:
"... a wanton act is something more than ordinary negligence, and yet it is something less than willful injury; to constitute wantonness, the act must indicate a realization of the imminence of danger and a reckless disregard and complete indifference and unconcern for the probable consequences of the wrongful act. It might be said to include a willful, purposeful, intentional act, but not necessarily so; it is sufficient if it indicates a reckless disregard for the rights of others with a total indifference to the consequences, although a catastrophe might be the natural result."
In Frazier v. Cities Service Oil Co., 159 Kan. 655, 666, 157 P.2d 822, we stated:
"... it may be concluded that as to injuries inflicted, wanton conduct or wantonness comes between negligence on the one hand and willful or malicious misconduct on the other; that it is more than negligence and less than willfulness, and to constitute wantonness the acts complained of must show not simply lack of due care, but that the actor must be deemed to have realized the imminence of injury to others from his acts and to have refrained from taking steps to prevent the injury because indifferent to whether it occurred or not. Stated in another way, if the actor has reason to believe his act may injure another, and does it being indifferent to whether or not it injures, he is guilty of wanton conduct."
For other recent decisions where the rules above quoted are *354 adhered to and pertinent portions thereof stated in one form or another, see In re Estate of Kerschen, 176 Kan. 226, 269 P.2d 1033; MacDougall v. Walthall, 174 Kan. 663, 257 P.2d 1107; Hanson v. Swain, 172 Kan. 105, 238 P.2d 517; In re Estate of Bisoni, 171 Kan. 631, 237 P.2d 404; Fyne v. Emmett, 171 Kan. 383, 233 P.2d 496; In re Estate of Wright, 170 Kan. 600, 228 P.2d 911.
When the allegations of plaintiff's petition are tested by the foregoing rules of law, we are compelled to hold that the facts as alleged are sufficient to show that defendant's conscious conduct indicated a reckless disregard and complete indifference and unconcern for the probable consequences of his alleged wrongful acts and were sufficient to charge him with wanton negligence upon which plaintiff could predicate his fourth cause of action for punitive damages.
The judgment of the trial court is reversed and the case is remanded with instructions to reinstate the fourth cause of action.
It is so ordered.
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1. Field of the Invention
The present invention relates to a filtration apparatus that filters liquids such as water.
2. Description of the Related Art
Conventional water purification processes at large scale water treatment plants involve adding chemicals to untreated water drawn from rivers, lakes, ponds, or wells to consolidate the suspended matter therein to a size that causes said consolidated matter to deposit on the bottom. The supernatant water is skimmed and sent to a filtration reservoir, where it is passed through filtration media such as filtration sand to remove the finer suspended matter. This water is then disinfected with chlorine.
However, if water is filtered utilizing filtration media in this manner over a long period of time, the filtering efficiency decreases due to the pollutants in the water (contaminants such as sludge, hereinafter referred to as contaminants) attaching to the filtration media, among other reasons. Therefore, it becomes necessary to periodically cleanse the filtration media. As cleansing methods of filtration media, surface cleaning, which washes the surface of a sand layer by hitting it with water sprayed from a nozzle, and backwash, which forces purified water into a filtration reservoir from a lower pressure compartment, thereby floating the filtration sand grains, causing them to scrub against each other, were in common use.
However, the surface cleaning and backwash methods described above utilize the effects of stream shear, and cannot cleanse the filtration media with satisfactory efficacy. Problems arise from repeated use over a period of time such as: the reduction of space among the filtration media due to the progressive thickening of particle size from contaminant accumulation thereon, clogging due to the separation of materials that had been attached to the filtration media, and the leaking of the contaminants themselves.
Conventionally these problems were dealt with by, for example, increasing the frequency of the backwash process. However, if the backwash process is repeated over a long period of time, the water pressure thereof influences even the gravel layer which supports the filtration media, creating areas of different thickness in said layer, which is optimally flat and of an even thickness. In this case, it is necessary to perform a regeneration process, which involves: ceasing the total operation of the filtration reservoir, removing the filtration media, correcting the discontinuities in thickness of the gravel layer), replacing the filtration media with new filtration media, or with the polluted filtration media which has been cleansed. However, the regeneration process is extremely costly, and as during said process the filtration reservoir is not operating, it leads to a decrease in water treatment efficiency, there is a strong demand on the part of the water treatment plant to space the intervals between regeneration processes as long as possible.
The applicant of the present invention, in order to meet this demand, has developed and proposed a sand cleansing apparatus which cleanses polluted filtration media in a shorter time and with a higher degree of cleansing ability (Japanese Unexamined Patent Publication Nos. 10(1998)-109051 and 11(1999)-057526), which has been utilized and praised by those in the field. This sand cleansing apparatus comprises: a sand receiving opening for receiving filtration media drawn from a filtration reservoir in its upper portion; a cleansing tank which stores sand and cleansing water having a sand extraction opening; a agitating tank erected within said cleansing tank having openings on the upper and lower ends thereof; and a screw conveyor which rotates within said agitating tank. The grains of sand are brought upward by the screw conveyor along with the cleansing water. As they are being conveyed upward, said grains of sand rub against each other, and the scrubbing action thereof effectively removes the contaminants that are attached or coated thereon.
As opposed to a large scale water treatment plant as has been described above, filtration systems such as those installed in the filtration tanks of small scale simple plumbing or factories have within a container a filtration tank which holds the filtration media as well as the water to be purified by said filtration media. These filtration systems are structured to expel the water that has been purified by said filtration media from the filtration tank through a filtration floor to the outside of the container. It is common practice to utilize the surface washing or backwash methods for the filtration media of these filtration systems, and they have similar problems as those of the filtration reservoir; that is, the consumption of a large amount of purified water in the backwash process, and that the cleansing effectiveness is insufficient.
Further, as the filtration media in a filtration system is housed within a small container, the contamination thereof progresses at a higher rate than that of a filtration reservoir. Still further, as they perform high-speed filtration, contaminants are more likely to leak, so it can be said that said filtration media is operated under harsher conditions than that of a filtration reservoir. Therefore, it is necessary to replace or regenerate said filtration media on a shorter cycle.
It is conceivable to utilize the above-described sand cleansing apparatus by the present applicant (Japanese Unexamined Patent Publication Nos. 10(1998)-109051 and 11(1999)-057526) to cleanse the filtration media drawn from the filtration systems. However, compared to the amount of filtration media in a filtration reservoir, the amount of filtration media in a filtration system is extremely small, and the operational scale of same is also small. Therefore, it is inefficient and impractical to secure the space required to install the above-described sand cleansing apparatus, as well as expending costs for its installation and removal, to cleanse such a small amount of filtration media. As a practical matter, it is generally the case that the filtration media is replaced with new filtration media, as opposed to being reused after cleansing.
However, the filtration media to be disposed after being replaced must be dealt with as industrial waste, and the cost of such disposal is high. It is also preferable from an ecological viewpoint to switch from the easy trend of consume-then-dispose to a direction in which resources are recycled and reused.
In view of these points, there are known filtration apparatuses which have a filtration media cleansing mechanism provided within the filtration tank, such as the filtration devices disclosed in Japanese Patent No. 31491 and Japanese Utility Model Publication No. 63(1988)-98704. In the former filtration device, a central pipe is suspended from above a filtration compartment and positioned so that a lower opening of said pipe communicates with the interior of said compartment. Within the upper portion of the central pipe is provided a propulsion device in the form of a propeller. Higher still than said propulsion device is disposed a tube having a spray opening slightly above the central pipe, facing a lateral side thereof. The tube is linked to the propulsion device so that it rotates therewith, and sprays cleansing fluid at high speed from its spray opening by centrifugal force. To cleanse the filtration media, the propulsion device is rotated, thereby drawing the filtration sand into the central pipe through its lower opening. The filtration sand that has been propelled upward is expelled to the side of the central pipe by the cleansing fluid discharged from the spray opening of the tube. By this, the filtration sand is cleansed by the separation of the contaminants therefrom.
As to the latter filtration device, a pump pipe is suspended from above a tank so that it is positioned therein, and within this pipe is provided a rotatable spiral water pump. This filtration device is configured to perform a normal filtration operation by discharging untreated water into the filtration sand by an untreated water distribution tube placed within the filtration sand. This water travels upward through the filtration sand, is filtered thereby, and the resultant processed water is expelled from above said filtration sand. This filtration device is further configured to perform a cleansing operation by rotating the spiral water pump, raising the filtration sand which has acquired contaminants thereon, separating the contaminants from the filtration sand by the centrifugal separation phenomenon, and the resultant cleansed filtration sand is excelled through a filtration sand expulsion opening provided in the upper portion of the pump pipe.
Further, in the former filtration device, a normal filtration operation is performed by filtering untreated water provided from above through filtration sand placed on an apertured false bottom. The central pipe in this device has an open bottom; therefore it is always in the state that filtration sand is inside said pipe. However, the device is not constructed so that water flows into said central pipe and aggressively filtered therethrough. Further, to perform the cleansing operation, it is necessary to rotate the propulsion device at a rather high speed in order to draw up the filtration sand; therefore there is a fear that the filtration sand will be crushed upon impact with the propulsion device.
As to the latter filtration device, as it is of a upward flow type, that is, the filtration is performed by directing the stream of water from beneath the filtration sand upward, if the filtration speed is increased, the small grains of filtration sand are caused to float, increasing the space between said grains of filtration sand. As a result, contaminants, especially small particles thereof are insufficiently filtered, thereby decreasing the filtering performance. Also, when performing a cleansing operation, as a spiral water pump (screw) is rotated at high speed, the cleansing effect is low, and there is a fear that the filtration sand will be crushed upon impact with the spiral water pump as it rotates at high speed.
The present invention has been made in view of the above-described circumstances, and it is an object of the present invention to provide a filtration apparatus possessing both a high filtration performance property and a high cleansing performance property. Another object of the present invention is to provide a filtration apparatus that effectively cleanses filtration media without requiring the installation and removal of a cleansing apparatus each time that filtration media is to be cleansed.
The filtration apparatus of the present invention has a filtration media cleansing mechanism installed within the filtration tank. By utilizing said mechanism to cleanse the filtration media in the filtration apparatus, obviates the need to provide a specific space for a separate cleansing apparatus, as well as the need to install and remove such apparatus, while cleansing said filtration media in a short amount of time with a sufficiently high degree of cleansing.
The filtration apparatus of the present invention comprises: a container that houses a filtration tank which holds therein filtration media as well as the liquid to be filtered by said media; a filtration media cleansing mechanism having a hollow cleansing tank for cleansing the filtration media inside the filtration tank; wherein said filtration media cleansing mechanism is provided with a contaminant expulsion means for expelling the contaminants that have been separated from the filtration media to the outside of the container and also expels the liquid that has been purified by the filtration media to the outside of the container. Said cleansing tank is a hollow body erected within said filtration tank; has lower openings that are closed during a filtering operation and opened during a cleansing operation; has an upper opening at a level at least higher than the upper surface of the filtration media in the filtration tank; has provided therein a screw conveyor which conveys the filtration media as well as the liquid which flows into the cleansing tank upwards from the lower openings to the upper opening thereof while scrubbing said filtration media and said fluid. The rotation of said screw conveyor conveys the filtration media upwards, and discharges said media as well as the contaminants separated therefrom by the scrubbing action from the upper opening into the filtration tank.
Here, the liquid to be poured into the container is generally water to be purified by filtration, but it is not limited to this. For instance, waste oil of cutting lubricant may be used. Further, when water is used as the liquid, it is preferable to utilize filtration sand as the filtration media, but it is not limited to this. Many different materials may be used as the filtration media.
As the filtration media and the liquid is conveyed upwards by the screw conveyor, the filtration media is fluidized, the grains of the filtration media rub against each other, and the scrubbing action thereof effectively removes the contaminants that are attached or coated thereon. The contaminants removed in this manner floats in the liquid being conveyed upward, is discharged into the filtration tank from the upper opening of the cleansing tank, and is expelled outside the container by the contaminant expulsion means.
As the contaminant expulsion means, it is preferable to utilize a backwash mechanism that discharges filtered or clean liquid during a state when the lower openings of the cleansing tank are closed by the opening/closing means. The discharge of liquid by said backwash mechanism causes the contaminants, which are floating in the liquid surface layer within the filtration tank to be expelled through an overflow expulsion means. It is possible to effectively expel the contaminants, which have been separated from the filtration media, that remaining the filtration tank by utilizing the backwash mechanism equipped on the filtration apparatus to cleanse the filtration media therein.
Further, if the filtration media cleansing mechanism is of the type that does not have a water retention means to retain the liquid that has been poured into the container within the filtration tank, it is preferable to provide a retention means with a water retaining function. This is because it is possible to perform efficient cleansing utilizing only the retained water.
With regard to the filtration apparatus of the present invention, it is preferable to provide a switching mechanism for switching between the operations of xe2x80x9ccleansingxe2x80x9d by the filtration media cleansing mechanism and xe2x80x9cfilteringxe2x80x9d of liquids. This is because it is possible to efficiently perform each of these operations by switching the switching mechanism to xe2x80x9cfilteringxe2x80x9d when filtration of the liquid is to be performed, which precludes xe2x80x9ccleansingxe2x80x9d from being performed, and by switching the switching mechanism to xe2x80x9ccleansingxe2x80x9d when cleansing is to be performed, which precludes filtration from being performed.
As to the switching mechanism, it is preferable to utilize one that is equipped with a door that is of a sufficient size to close the lower openings of the cleansing tank and an opening/closing means for opening and closing same. This is because by the opening and closing operation of said door, it is possible to allow the filtration media and liquid to flow into the cleansing tank during a cleansing operation, and to positively prevent the filtration media from flowing into the cleansing tank during a filtration operation, thereby positively switching between the two operations (filtration and cleansing). Further, the screw conveyor and the lower and upper openings formed in the cleansing tank combine to provide the effect that the filtration media within the filtration tank progressively circulate within the filtration tank and the cleansing tank. This circulation makes thorough cleansing of the filtration media possible in a short time.
It is preferable to utilize a door, which is movable along an outer or inner periphery of the outer wall of the cleansing tank. This is to reduce the resistance of the filtration media accumulated within the filtration tank during an opening/closing operation. Similarly, it is also preferable to utilize a structure for the opening/closing means that easily overcomes the resistance of the filtration media. For example, a structure may be utilized such that a worm wheel is fixed on the outer peripheral surface of the door, and a motor or the like rotates the worm that engages said worm wheel. By this structure, the rotation of the worm scrapes out the filtration media, which had entered the spaces between the teeth of the worm wheel, and the resistance of the filtration media can be reduced during an opening/closing operation.
Note that of the filtration apparatus of the present invention, the filtration media cleansing mechanism and the switching mechanism that switches between xe2x80x9ccleansingxe2x80x9d of the filtration media by the cleansing mechanism and xe2x80x9cfilteringxe2x80x9d as necessary provided in the filtration tank of the filtration apparatus, can be provided as an after market cleansing apparatus. By this, it becomes possible to customize an existing filtering apparatus to a filtering apparatus of the present invention, having the function of cleansing the filtration media, thereby controlling the installation cost.
Further, the filtration apparatus of the present invention comprises: a container that houses a filtration tank which holds therein filtration media as well as the liquid to be filtered by said media; a filtration media cleansing mechanism having a hollow cleansing tank for cleansing the filtration media inside the filtration tank, wherein said mechanism is provided with a contaminant expulsion means for expelling the contaminants that have been separated from the filtration media to the outside of the container; and a means for expelling the liquid that has been purified by the filtration media to the outside of the container. Said cleansing tank is a hollow body erected within said filtration tank; has lower openings that are open at all times; has an upper opening at a level at least higher than the upper surface of the filtration media in the filtration tank; has a plurality of lateral surface openings that extend in a vertical direction on a lateral surface thereof; said lateral surface openings having lateral surface doors opened and closed by a plurality of drive means. Said cleansing tank further has filtration media housed therein at all times; has provided therein a screw conveyor which conveys the filtration media as well as the liquid which flows into the cleansing tank upwards from the lower to the upper opening thereof while scrubbing said filtration media and said fluid. The rotation of said screw conveyor conveys the filtration media upwards, and discharges said media as well as the contaminants separated therefrom by the scrubbing action from the upper opening into the filtration tank.
With regard to the contaminant expulsion means, it may be of the type that utilizes a backwash mechanism. The backwash mechanism discharges filtered or clean water from the filtration floor into the filtration tank to float the filtration media during a closing operation of the lateral surface doors, performed in order for the screw conveyor to agitate the filtration media.
Further, during rotation of the screw conveyor, it is preferable that the lateral surface doors are closed.
The backwash mechanism of the contaminant expulsion means is structured to discharge filtered or clean liquid from the filtration floor into the filtration tank during an opening operation of the lateral surface doors, performed when the agitating operation is completed. Further, the contaminant expulsion means can be equipped with an overflow expulsion means that expels the contaminants caused to float in the liquid surface layer by the discharge of liquid by said backwash mechanism within the filtration tank to be expelled therethrough.
The filtration media cleansing mechanism can also be equipped with a retention means for retaining the liquid poured into the filtration tank therein.
When the filtration tank is filled with liquid, the liquid becomes pressurized. It is also possible to filter said pressurized liquid through the cleansing tank, as the filtration media is housed in the cleansing tank at all times.
The filtration apparatus of the present invention is equipped with a backwash mechanism that discharges filtered or clean liquid into the filtration tank through the filtration floor. During a cleansing operation, it is preferable that the lateral surface doors be closed after the filtration media is caused to be in a suspended state by said backwash mechanism.
Further, the contaminant expulsion means described above can be configured to expel the contaminants caused to float in the surface layer of the liquid by the discharge of filtered or clean liquid by the backwash mechanism after the agitating operation is complete and the lateral surface doors are opened.
Still further, the filtration media cleansing mechanism may be equipped with a retention means for retaining the liquid poured into the container. The agitating, scrubbing, and expelling operations may be performed using solely said retained liquid.
According to the filtration apparatus of the present invention, the cleansing tank is a hollow body having a plurality of lower openings, which are closed during a filtering operation and opened during a cleansing operation of filtration media as well as an upper opening that is positioned above the upper surface of the filtration media within this cleansing tank is equipped a screw conveyor that conveys the filtration media as well as the liquid upward through said tank from the lower openings to the upper opening thereof, while scrubbing the filtration media. As the cleansing tank is structured so that the rotation of the screw conveyor conveys the filtration media upward while scrubbing same, and said filtration media along with the contaminants separated therefrom are discharged into the filtration tank from an upper opening thereof, the following effects are obtained.
That is, during a normal filtering operation, the lower openings of the hollow body are closed, preventing the entrance of water and filtration sand therein, thereby precluding the accumulation of untreated water therein, as well as the deterioration of water quality by filtration sand that is not used for filtering. Further, the filtration media is entrained in vortices caused by the opposing forces of the downward pull of gravity and the upward motion imparted thereon by the screw conveyor. These vortices cause the contaminated grains of the filtration media to frictionally engage, that is, scrub each other, thereby separating contaminants therefrom, so it is possible to effectively separate the contaminants from the filtration media without the crushing thereof.
If a switching mechanism is further provided and in the case that xe2x80x9cfilteringxe2x80x9d is selected by said mechanism, as the cleansing mechanism is not operated, a conventional filtering operation is secured. In the case that xe2x80x9ccleansingxe2x80x9d is selected, the cleansing mechanism is operated, and cleansing is performed utilizing only the water that is resident in the filtration tank, so the amount of water required is kept to a minimum. In addition, if as a final step, a backwash operation is performed to expel the contaminants which have been separated from the filtration media and remain in the filtration tank outside of the container, the filtration media can be cleansed more efficiently and with a higher degree of cleansing than by a conventional backwash operation.
As a result, the need to replace the filtration media with new filtration media is obviated; thereby suppressing the costs associated with the introduction of new filtration media. Also, the need to dispose of the used filtration media is obviated, and it becomes possible to maintain environmental protection standards (such as ISO14000) by the control of industrial waste, as well as reduce the costs associated with industrial waste disposal.
Further, as the intervals between the cleansing of the filtration media can be extended longer than with conventional systems, longer continuous filtration times can be secured, while decreasing the total time during which filtration is ceased for cleansing operations.
Still further, even if multiple cleansing operations are performed, contaminants do not accumulate within the filtration tank. Therefore, replacement of the filtration media and the cleaning of the filtration tank become unnecessary, thereby lowering the costs and labor associated with maintenance thereof.
Furthermore, as the filtration apparatus of the present invention is structured so that the cleansing tank houses therein filtration media at all times; said tank has a plurality of vertically extending lateral surface openings; said lateral surface openings have a plurality of lateral surface doors opened and closed by a plurality of drive means; the liquid poured into the filtration apparatus enters the cleansing tanks through said lateral surface openings, which are open in a normal operating state; and filtration occurs in the cleansing tank as well; then during a filtration operation, the filtration area is expanded, thereby improving the filtration efficiency. Also, as liquid flows into the cleansing tank at all times, stagnation of liquid therein is precluded. Therefore, contamination of liquid due to stagnation and the seeping out of said contaminated liquid from the cleansing tank into the filtered liquid and mixing therewith is prevented. Further, during a cleansing operation of the filtration sand, the lateral surface openings are closed, thereby allowing efficient circulation of the filtration sand between the cleansing tank and the container.
Further, in the case that the contaminant expulsion means is provided with a backwash mechanism that discharges filtered or clean water into the filtration tank through the filtration floor to cause the filtration media to float at the time when the lateral surface doors are closed in order for the screw conveyor to agitate the filtration sand, the opening and closing of the lateral surface doors is not prevented by the filtration media. That is, the lateral surface doors do not encounter much resistance by the filtration media, which eases the opening and closing operation, and the load on the drive means for opening and closing the lateral surface doors can be reduced.
Further, in the case that the lateral surface doors are closed during the time that the screw conveyor is rotating, agitating of the filtration media is efficiently performed.
In the case that the contaminant expulsion means is further provided with an overflow expulsion means that expels the contaminants caused to float within the surface layer of the liquid by the discharge of liquid from the backwash mechanism into the filtration tank through the filtration floor at the time when the lateral surface doors are opened at the completion of the agitating operation, not only is the opening of the lateral surface doors eased, but the contaminants can be efficiently discharged from the lateral surface doors as well.
In the case that the filtration media cleansing mechanism is further provided with a retention means for retaining the water poured into the container within the filtration tank, the effects of said means combine with those of the opening of the lateral surface doors to more efficiently cleanse the filtration media.
If the filtration apparatus is structured so that filtration media is housed in the cleansing tank at all times, the liquid under pressure by the filling of the filtration tank can also be filtered by the cleansing tank. In this case, because the liquid is under pressure, said liquid permeates the filtration media quickly, and because the filtration area is expanded, filtration is performed more efficiently.
The present invention, as has been described, is characterized by a cleansing mechanism being built in to a filtration tank so that both filtration and cleansing can be appropriately performed without sacrificing the performance of either.
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Our Mission Statement
A leading UK medical school that offers an exciting and challenging curriculum; with full integration of motivated and empowered University and NHS staff; working with students in a modern and supportive environment; a school that fits students to work where-ever they wish in tomorrow's NHS, and enables those students with aptitude and interest the opportunity to develop an academic career.
A research profile which is focussed and strategically led; which utilises the complementary strengths in e-health, informatics, public health and laboratory science to address important health issues for the Scottish population, and which provides synergy with our undergraduate teaching efforts.
New teaching facilities will renew teaching facilities and support our School's vision for the future, maintaining and developing our international reputation for excellence.
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Two houses rising quickly, thanks to Habitat’s Builders Blitz
DOVER — Around 6 a.m. Monday on South Kirkwood Street, two lots sat vacant. Concrete foundations were visible, a sign two houses were about to be built.
Constructing a building is a complicated multi-step process. And yet, just six hours later, the scene was a vastly different one.
Construction on two houses was well underway, as dozens of volunteers swarmed around the buildings and construction vehicles sat nearby.
Walls had been raised, and hardworking citizens were busy carrying lumber supports and crawling over the roofs, tools in hand.
Volunteers with Central Delaware Habitat for Humanity and Lessard Builders construct two homes on South Kirkwood Street Monday around noon. (Delaware State News/Matt Bittle)
It was all part of Central Delaware Habitat for Humanity’s Builders Blitz week, an effort to construct two homes in just five days.
Around noon Monday, volunteers had put up the walls for one two-story home and had finished the first-floor frame of the adjacent house, with the second floor set to be added in a matter of hours.
Habitat builders plan to finish the construction by Friday, and two families will move into their new dwellings soon after.
This is the first blitz event Central Delaware Habitat has participated in, and so far, things are going swimmingly.
“It’s hard to put it in more words than just awesome,” said Habitat’s development director Chris Cooper.
Other volunteers agreed.
“Coming together is an awesome event for multiple reasons,” said Brian Lessard, owner of Lessard Builders, which is constructing one house.
“One, just us companies, but two, being part of this, the revitalization of downtown. And being in the building industry, we believe in a helping hand, and that’s what Habitat is all about. It’s giving a hand up. It’s not a handout.”
An official groundbreaking took place last week.
Since 2002, the national Habitat for Humanity has constructed more than 1,300 homes. At the same time as Central Delaware Habitat will be building two dwellings, other local groups will be doing the same around the country.
Putting together two houses in one week may be daunting — it normally takes about three to four months to construct a house, one volunteer said — but the mass of supporters is making it possible.
The projects were a major community effort made possible through donations of both supplies and time.
One house is being developed by Habitat’s veritable army of volunteers, consisting of community members, Dover Air Force Base personnel and others, who take shifts while construction goes on from 6 a.m. to 9 p.m.
Lessard Builders is putting together the other house, with about 250 to 300 contractors and other employees giving their time and energy to put together walls, a roof and everything else.
Despite temperatures expected to reach into the 80s this week, hundreds of volunteers are participating.
Shone Lumber provided most of the wood, while D. Gingerich Concrete and Masonry helped with the foundation and Sam Yoder and Son LLC assisted in building the floor and roof trusses. Several stores and restaurants have offered food for volunteers, and other companies are helping out as well.
Once finished, the two houses — 1,375 square feet each — will consist of two floors and a garage.
Latiesha Puzzo, who will move into one of the homes with her wife, Natalie, and their three children, had trouble finding the right words to describe her feelings.
“I’m really blown away, excited, happy,” she said.
Ms. Puzzo was on site Monday manning the sign-in tent, while not too far away, Natalie Puzzo helped put up walls.
The family heard of Habitat’s program through another recipient, and after applying in February, they learned they would be able to move into a new home.
The other home will be inhabited by Stephen Walker, who was set to arrive on site around midday Monday. Mr. Walker will move in with his three children.
Each house will have a mortgage that must be paid, but Habitat works with applicants to ensure they are financially stable.
For the Puzzos, the new home will give them a chance to have security and comfort.
“To see it all go up in front of me, and then they put the stairs up, I walked in the inside and be able to see before it’s there, where the kitchen’s going to be, it’s just an incredible, incredible feeling, and to see this opportunity that they have given me, I will be grateful the rest of my life,” Latiesha Puzzo said.
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The college football landscape saw a ground-breaking shakeup in Week 8, as nine teams in the Top 25 and six teams in the Top 10 suffered the agony of defeat (based on our rankings from last week). The race for the Heisman also saw a major shift in the process. While Heisman Trophy campaigns are fed in September, when star players feast on less-than-impressive non-conference competition, true contenders often start to shine down-the-stretch during conference play in October and November. That was the case for last year’s winner, Texas A&M QB Johnny Manziel, and former Baylor star signal-caller Robert Griffin III in 2011. Photo Via BCSKnowHow.com Let’s take a look at the Top 10 Heisman candidates entering Week 9′s high-stakes slate of games. 1. Florida State QB Jameis Winston: Took the national by storm on the road in a hostile environment against a Top 5 team, throwing for 444 yards with four total touchdowns (three through the air) and one interception in the Seminoles’ stunni...
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# Copyright 2017 The Chromium Authors. All rights reserved.
# Use of this source code is governed by a BSD-style license that can be
# found in the LICENSE file.
source_set("requirements") {
configs += [ "//build/config/compiler:enable_arc" ]
sources = [
"page_info_presentation.h",
"page_info_reloading.h",
]
}
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Dolphins' defense likes challenge of leading the team
Rookie DE Dion Jordan will get his chance, too, as "signifcant" part of gameplan
September 3, 2013|By Chris Perkins, Staff writer
DAVIE — — Last season, Baltimore won the Super Bowl partly because of the strength of its defense. San Francisco reached the Super Bowl largely on the strength of its defense.
Go back a few years and you'll recall the New York Jets going to back-to-back AFC championship games on the strength of their defense. Go back a few years further and you might remember Tampa Bay winning a Super Bowl because of its defense.
"We can be one of those defenses right now," Soliai said. "That's been our main goal since we all got together, we want to try to one of the top defenses, like Baltimore, the 49ers, the Jets. We've got the players, but we've got show it on game day."
One of the Dolphins' most watched players on game day will be Jordan, the No. 3 pick of the draft. Although Jordan missed the last three preseason games while recovering from offseason shoulder surgery to repair a torn labrum, he figures to get plenty of opportunity to show what he can do during Sunday's regular-season opener at Cleveland.
Defensive coordinator Kevin Coyle refused to divulge how Jordan would be used, but he said Jordan, who has been used primarily as a third-down pass rusher, is "going to have a significant role in the game plan this week, I guarantee you that."
That should help the Dolphins tremendously because while defense doesn't win titles the way it did in the past, it can still be a huge help. Wake, who had a career-best 15 sacks last season, relishes the opportunity for his cohorts to serve in that capacity.
"I accept all challenges," he said of the Dolphins being a team led by their defense. "I think when you look at the way this team is set up, I think it can be that."
The conventional path to NFL riches nowadays is with a strong-armed quarterback flanked by a talented corps of receivers and tight ends that can put points on the board. The Dolphins think they have that in quarterback Ryan Tannehill and wide receivers Mike Wallace, Brandon Gibson and Brian Hartline. But it might not be enough. That's where the playmaking defense comes in handy.
"I know our offense is going to get it rolling, and hopefully it will be this Sunday," Coyle said. "But in our room, we talk about if we play the way we're capable of playing, we're going to have a shot to win a lot of football games, and that's what we expect."
Last season, the Dolphins led the league by allowing opponents to only convert 42.6 percent of their red zone trips into touchdowns. They were seventh in points allowed per game (19.8), and 11th in third-down conversion percentage (36.6 percent).
But they need to be better. The Dolphins were 21st in total defense (356.8 yards per game) and only created 16 takeaways, which ranked 29th in the NFL.
"I think we dropped 17 interceptions," cornerback Nolan Carroll said. "We would have led the league in turnovers if we just catch them. ... So there's a lot of things we were near top of the league in, except for turnovers.
"So if we can get that on the other side we should be pretty good. I think we're capable to be how San Francisco, how Baltimore is. We have the makeup, we have the mindset of the two. Time will tell. We're just ready to put it all together this Sunday against the Browns."
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Ellisville, Mississippi
Ellisville is a town in and the first county seat of Jones County, Mississippi, United States. The population was 4,448 at the time of the 2010 census, up from 3,465 at the 2000 census. The Jones County Courthouse is located here, as is much of the county government.
The state legislature authorized a second county seat at Laurel, to the northeast, which developed as the center of lumber and textile mills, with a much larger population. Ellisville is part of the Laurel micropolitan statistical area.
History
The town is named for Powhatan Ellis, a former U.S. senator for Mississippi who identified as a descendant of Pocahontas and her father, Chief Powhatan in Virginia. Ellisville was designated as the county seat, and it became the major commercial and population center of Jones County through the early decades of development in the nineteenth century.
During the Civil War, Ellisville and Jones County were a center of pro-Union resistance. The county had mostly yeomen farmers and cattle herders, who were not slaveholders. Slaves constituted 12% of the county's population in 1860, the lowest proportion of slaves of any county in the state in 1860, as conditions generally did not support cultivation of large cotton plantations. Many local men resented going to war to support slaveholders, and worried about the survival of their families, where women and children worked to keep subsistence farms going. They resented Confederate tax collectors who took the goods and stores their families needed to live.
Confederate deserters and refugee slaves formed a resistance group known as the Knight Company, led by Newton Knight, First Lieutenant Jasper Collins, and Second Lieutenant William Wesley Sumrall. They were known to take refuge in a swamp along the Leaf River. Along with as many as 100 other southern men, they fought several skirmishes with tax men and other Confederate units eventually sent to crush the resistance. In 1864 they took control in Ellisville, raising the United States flag over the courthouse in place of the Confederate flag.
In 1919, Ellisville hosted one of the most gruesome lynchings in history, when a black man, John Hartfield was found to have a white girlfriend. A story was concocted about a rape, and Hartfield was captured by law enforcement. The Jackson Daily News ran headlines that "John Hartfield will be lynched by Ellisville mob at 5:00 this afternoon", and that a crowd of thousands was expected to attend. A crowd of around 10,000 came to watch Hartfield hanged from a tree, then shot repeatedly. When his body was cut down, pieces were cut off for souvenirs and what remained was burned. Commemorative postcards were printed.
In the late 19th and early 20th centuries, Ellisville lost primacy to nearby Laurel, which became a center of the timber industry and cotton textile mills. Its population in the mid-20th century was nearly six times that of Ellisville. Laurel has attracted other industries and is the center of a micropolitan statistical area comprising all of Jones County and Jasper County. The Jones County Sheriff's Department is based in Laurel, but the county government is still based in Ellisville, at the Jones County Courthouse.
Ellisville reflects the demographics of the county and is majority white. Laurel is majority African American in population, reflecting the migration of agricultural workers to the city for industrial and urban jobs.
Geography
Ellisville is located in central Jones County at (31.601068, −89.202123). U.S. Route 11 runs through the center of town, while Interstate 59 runs through the northwest side, with access from Exits 85, 88, and 90. Both highways lead northeast to Laurel and southwest to Hattiesburg. Mississippi Highway 29 crosses US-11 near the center of town, leading northwest to Soso and southeast to Runnelstown.
According to the United States Census Bureau, Ellisville has a total area of , of which , or 1.01%, are water.
Demographics
As of the census of 2000, there were 3,465 people, 1,220 households, and 795 families residing in the town. The population density was 628.9 people per square mile (242.8/km²). There were 1,380 housing units at an average density of 250.5 per square mile (96.7/km²). The racial makeup of the town was 67.42% White, 30.91% African American, 0.20% Native American, 0.17% Asian, 0.61% from other races, and 0.69% from two or more races. Hispanic or Latino of any race were 1.47% of the population.
There were 1,220 households out of which 27.0% had children under the age of 18 living with them, 42.0% were married couples living together, 19.0% had a female householder with no husband present, and 34.8% were non-families. 31.3% of all households were made up of individuals and 13.4% had someone living alone who was 65 years of age or older. The average household size was 2.41 and the average family size was 3.02.
In the town, the population was spread out with 22.4% under the age of 18, 10.2% from 18 to 24, 27.6% from 25 to 44, 22.5% from 45 to 64, and 17.3% who were 65 years of age or older. The median age was 39 years. For every 100 females, there were 92.3 males. For every 100 females age 18 and over, there were 85.3 males. The median income for a household in the town was $23,424, and the median income for a family was $27,955. Males had a median income of $26,477 versus $22,537 for females. The per capita income for the town was $12,822. About 21.1% of families and 35.0% of the population were below the poverty line, including 36.8% of those under age 18 and 28.5% of those age 65 or over.
Education
Ellisville is served by the Jones County School District. South Jones High School is located in Ellisville. Their mascot is the Braves.
Ellisville is also home to Jones County Junior College. Their mascot is the Bobcats.
Notable people
Lance Bass, pop singer and member of 'N Sync, raised in Ellisville
Billy Cannon, All-American football player, 1959 Heisman Trophy winner, and 2008 inductee into the College Football Hall of Fame from Louisiana State University in Baton Rouge. He was one of the American Football League's most celebrated players. Attended Jones County Junior College in Ellisville.
Harry Craft, MLB player and manager, first manager of the Houston Colt .45s and minor league manager of Mickey Mantle
John Hartfield, a black man from Ellisville who was lynched and dismembered for having a white girlfriend
Chris McDaniel, State Senator, attorney and host of the nationally syndicated The Right Side Radio Show
Luke McDaniel, also recorded under the stage name 'Jeff Daniels;' American country singer and songwriter
Buddy Myer, two-time All-Star second baseman for the MLB Washington Senators in the 1930s, batting and stolen base titles
Red West, actor (played "Red" in Roadhouse). He played football at Jones County Junior College in Ellisville.
See also
List of cities in Mississippi
Free State of Jones
References
External links
Ellisville at City-data.com
Category:Cities in Mississippi
Category:Cities in Jones County, Mississippi
Category:County seats in Mississippi
Category:Cities in Laurel micropolitan area
Category:U.S. Route 11
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An electrocochleographic study of acute low-tone sensorineural hearing loss.
Twenty-four patients with acute low-tone sensorineural hearing loss (ALHL) were examined using electrocochleography. The negative summating potential (SP) amplitude and the summating potential/action potential (AP) ratio were significantly greater in the ALHL patients than in normals. The SP/AP ratio was smaller in the ALHL patients than in patients with known Meniere's disease and moderate hearing loss, although the SP amplitude was somewhat greater in the former. An abnormal increase in the SP amplitude following click stimuli was found in 54% of the ALHL patients, while the SP/AP ratio was increased abnormally in 63% of these patients. These findings suggest that the pathophysiology of ALHL may be similar to that for endolymphatic hydrops.
|
Summoners!
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Dual Brave Burst Summon
May. 16, 07:00 PST - Jun. 19, 21:59 PST
[May. 16, 08:00 PST - Jun. 19, 22:59 PST]
Each summon costs 1 Dual Brave Burst Ticket .
. Each summon guarantees a minimum of 5✯ Unit with a chance to get a 7✯ Unit for potential Omni Evolution Units .
with a chance to get a for potential . Summon pool consists of All the units excluding the Seasonal Units released this year.
excluding the released this year. Enjoy increased summon rates for the Featured DBB Bond Potential Units .
Notes:
The chances of obtaining the featured DBB Bond Potential Units are indicated at the specific steps below.
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Collect your free Daily DBB Summon Ticket from your Present Box from May 15, 00:00 PST to Jun 12, 23:59 PST .
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Summon Rates Distribution:
The summon pool includes the following Global Exclusive units: Ciara , Semira , Fei and Fang , Zenia , Carrol , Nyami , Azurai , Adriesta , Gabriela , Faelan , Ilm , Eerikki , Luina , Nimune , al-Akqat , Nyala , Allanon, Haile , Korzan , Raquiel , Avani , Bonnie , Long , Vikki , Juno-Seto , Ensa-Taya , Silvie , Zeruiah , Beatrix , Galtier , Nan-Hua, Ellie , Tsovinar , QiuTong , Annette , Wannahon , Keres , Galea , Enile , Laresa , Vashi , Rahotep , Neferet , Hetepheres , Khepratum , Persenet , Kawab , Lancelot , Arthur , Natalame , Gazolina , Crash Belt , Morgana , Mordred , Sheriff , Ophiuchus , Gilgamesh , Blaze , Sae , Dranoel , Cerise , Fionna , Ciardha , Yan & Yuan , Vail & Vidron , Honoka & Hisa , Tate & Tama , Quentin & Quinn , Ebony & Enid , Cayena , Serin , Bayley , Fennia , Vanila , Lico , Xenon , Estia , Draegar , Nia , Kranus , Tevarius , Baelfyr , Sero-Anya , Giselle , Czorag , Katerin ,and Hakuzo .
|
Q:
MongoDB - What is the privilege needed to run setFeatureCompatibilityVersion?
Using mongoDB 3.4.3 I'm facing the problem described in this issue (https://jira.mongodb.org/browse/SERVER-26556) when trying to create an index with collation.
Since I've upgraded from a previous version, it says what is needed is to explicitly allow the backwards-incompatible 3.4 features set, but with a user with role userAdminAnyDatabase I still have no permission:
> db.adminCommand({setFeatureCompatibilityVersion: "3.4"})
{
"ok" : 0,
"errmsg" : "not authorized on admin to execute command {setFeatureCompatibilityVersion: \"3.4\" }",
"code" : 13,
"codeName" : "Unauthorized"
}
My question is, what role does the user needs to be able to do this?
A:
Using a user with root privilege worked.
After authentication:
> use admin
> db.adminCommand({setFeatureCompatibilityVersion: "3.4"})
{ "ok" : 1 }
|
# -*- coding: utf-8 -*-
""" PoliciesMultiPlayers : contains various collision-avoidance protocol for the multi-players setting.
- :class:`Selfish`: a multi-player policy where every player is selfish, they do not try to handle the collisions.
- :class:`CentralizedNotFair`: a multi-player policy which uses a centralize intelligence to affect users to a FIXED arm.
- :class:`CentralizedFair`: a multi-player policy which uses a centralize intelligence to affect users an offset, each one take an orthogonal arm based on (offset + t) % nbArms.
- :class:`CentralizedMultiplePlay` and :class:`CentralizedIMP`: multi-player policies that use centralized but non-omniscient learning to select K = nbPlayers arms at each time step.
- :class:`OracleNotFair`: a multi-player policy with full knowledge and centralized intelligence to affect users to a FIXED arm, among the best arms.
- :class:`OracleFair`: a multi-player policy which uses a centralized intelligence to affect users an offset, each one take an orthogonal arm based on (offset + t) % nbBestArms, among the best arms.
- :class:`rhoRand`, :class:`ALOHA`: implementation of generic collision avoidance algorithms, relying on a single-player bandit policy (eg. :class:`UCB`, :class:`Thompson` etc). And variants, :class:`rhoRandRand`, :class:`rhoRandSticky`, :class:`rhoRandRotating`, :class:`rhoRandEst`, :class:`rhoLearn`, :class:`rhoLearnEst`, :class:`rhoLearnExp3`, :class:`rhoRandALOHA`,
- :class:`rhoCentralized` is a semi-centralized version where orthogonal ranks 1..M are given to the players, instead of just giving them the value of M, but a decentralized learning policy is still used to learn the best arms.
- :class:`RandTopM` is another approach, similar to :class:`rhoRandSticky` and :class:`MusicalChair`, but we hope it will be better, and we succeed in analyzing more easily.
All policies have the same interface, as described in :class:`BaseMPPolicy` for decentralized policies,
and :class:`BaseCentralizedPolicy` for centralized policies,
in order to use them in any experiment with the following approach: ::
my_policy_MP = Policy_MP(nbPlayers, nbArms)
children = my_policy_MP.children # get a list of usable single-player policies
for one_policy in children:
one_policy.startGame() # start the game
for t in range(T):
for i in range(nbPlayers):
k_t[i] = children[i].choice() # chose one arm, for each player
for k in range(nbArms):
players_who_played_k = [ k_t[i] for i in range(nbPlayers) if k_t[i] == k ]
reward = reward_t[k] = sampled from the arm k # sample a reward
if len(players_who_played_k) > 1:
reward = 0
for i in players_who_played_k:
children[i].getReward(k, reward)
"""
from __future__ import division, print_function # Python 2 compatibility
__author__ = "Lilian Besson"
__version__ = "0.8"
# Mine, fully decentralized one
from .Selfish import Selfish
# Mine, centralized ones (but only knowledge of nbArms)
from .CentralizedFixed import CentralizedFixed
from .CentralizedCycling import CentralizedCycling
# Mine, centralized ones (with perfect knowledge)
from .OracleNotFair import OracleNotFair
from .OracleFair import OracleFair
# CentralizedMultiplePlay where ONE M multi-play bandit algorithm is ran, instead of decentralized one-play bandits ran by each of the M players
from .CentralizedMultiplePlay import CentralizedMultiplePlay
# CentralizedIMP where ONE M multi-play bandit algorithm is ran, instead of decentralized one-play bandits ran by each of the M players, with a small optimization
from .CentralizedIMP import CentralizedIMP
from .rhoRand import rhoRand # Cf. [Anandkumar et al., 2009](http://ieeexplore.ieee.org/document/5462144/)
from .rhoRandRand import rhoRandRand # Cf. [Anandkumar et al., 2009](http://ieeexplore.ieee.org/document/5462144/)
from .rhoEst import rhoEst, rhoEstPlus # Cf. [Anandkumar et al., 2009](http://ieeexplore.ieee.org/document/5462144/)
from .rhoLearn import rhoLearn # Cf. [Anandkumar et al., 2009](http://ieeexplore.ieee.org/document/5462144/)
from .rhoLearnEst import rhoLearnEst # Cf. [Anandkumar et al., 2009](http://ieeexplore.ieee.org/document/5462144/)
from .rhoLearnExp3 import rhoLearnExp3
from .rhoLearnExp3 import binary_feedback, ternary_feedback, generic_ternary_feedback, make_generic_ternary_feedback, generic_continuous_feedback, make_generic_continuous_feedback # Useful functions
from .rhoRandSticky import rhoRandSticky
from .rhoRandRotating import rhoRandRotating
from .rhoRandALOHA import rhoRandALOHA
from .rhoCentralized import rhoCentralized
from .RandTopM import RandTopM, RandTopMCautious, RandTopMExtraCautious, RandTopMOld, MCTopM, MCTopMCautious, MCTopMExtraCautious, MCTopMOld
from .RandTopMEst import RandTopMEst, RandTopMEstPlus, MCTopMEst, MCTopMEstPlus # New versions, still experimental!
try:
from .EstimateM import EstimateM # XXX experimental!
from .EstimateM import threshold_on_t_with_horizon, threshold_on_t_doubling_trick, threshold_on_t
except SyntaxError:
print("Error: unable to import 'EstimateM.EstimateM'...") # DEBUG
print("WARNING I don't want to write ugly dynamic code that handles both, so let's just say this breaks Python2 compatibility.\nYou shouldn't use Python2 anyway! Cf. https://pythonclock.org/") # DEBUG
from .ALOHA import ALOHA, tnext_beta, tnext_log
# from .TDFS import TDFS # TODO implement it
# Adversarial settings, from some research papers
from .Scenario1 import Scenario1
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