French writer/director Olivier Assayas, turned 62 this year. He doesn't look it though. He is an ultimate cinema geek- when he talks about filmmaking, you can easily be overpowered by his enthusiasm and fast talking. He hasn't lost twinkle in his eyes. Only giveaway of his age might be his short graying hair.
Assayas diverse filmography (including Irma Vep, Summer Hours, Demon Lover, Carlos) reflects his tireless exploration of film as a medium. Clouds of Sils Maria, a delicious hall of mirrors meta-film, made an international splash two years ago and made its young American actress, Kristen Stewart a darling of French movie goers. Assayas and Stewart, an unlikely pair, hit it off and now we have Personal Shopper, a delicious whatisit, that is 100 percent Assayas (for me, as of now, the hard to beat movie of the year). I met him in blustery snowy day in March in New York for a brief chat. Honestly, I could listen to him for days.
There is always this fluidity in your films but especially in Personal Shopper, there seems to be surprises in every turn. It was really fun to watch the film! How did this particular script developed?
I think I've been experimenting more and more in terms of screenwriting. I'm just trying things. I've kind of lost interest in the classic dynamics of the narrative, of linear narrative, I would say. For some reason there is something frustrating about it for me, so I'm just trying to see by twists and turns and putting on layers, whatever, so I can come up with something that's more exciting for me. I always have this notion that if I'm having fun writing it, quite possibly the audience will have fun watching it.
I can't deal any more with 'traditional steps' when you are telling the story. I just want to go straight to moments - I need to write cinematic moments that would make sense once connected together. It feels somehow stronger. I need to feel that because there is so much of corporate industrial filmmaking going on, movies have become totally predictable. Because you have to adopt to standards and if you don't they will think it will have problems with the audiences.
I think it's important to move on because filmmaking has so much potential. So I have been describing this movie as a collage which in a way it is - I'm using mixed materials to tell my story.
You know when people say 'cut to the chase' and I'm constantly cutting to the chase. I am constantly moving to the next exciting moment. But I don't really deal with the connection, I just, (hitting his hands together) hit the two things together. It would be like hitting two stones together to create a spark or something like that.
I think that's the best kind of cinema.
I think so much of filmmaking is about grabbing opportunities when they come to you. I'm not sure why— well I kind of know why. Connecting with Kristen has been an inspiration in a sense that, I would not have imagined that we would click the way we clicked. I mean we met and talked. I liked her work and she'd seen couple of my films that she liked. I thought that it was interesting that this young American actress is interested in my work. I thought if we were gonna work together, something interesting would come out of it. But then I realized that we connected way beyond that. There was something deeper- how we approach filmmaking, how we idealize filmmaking in a certain way, how we live for movies.
There is something very genuine in her in approaching filmmaking. And she is very ambitious in the best sense of the word. She always wants to go beyond whatever she knows how to do or have been doing. She has this feeling that filmmaking is an open space for her.
Kristen brings another dimension which is youth. It's essential. It's vital. Independent filmmaking is kind of losing touch with the young audience.
And as a director and an actor, it goes both ways right? And what I can give her is space, time and freedom. Like my movies, indie European films- often we create then while we are doing it. It's not always possible to do that in American indie framework, unless you are Malick or someone who has been doing that for all his life.
She was in Paris for couple of days. And we were like 'lets have a drink together'. We kind of sat down and she asked me what I'm up to and I said I was working on a screenplay and she was like, 'oh can I read it?' 'well, yeah sure.' (laughs) And she sent me the document saying that she loved it and would love to do it. And that was pretty much it. I supposed we had couple of short conversations afterwords but nothing much.
What I love about Kristen is that she doesn't ask questions. Most actors, including most interesting, great actors I've worked with, wants me to discuss the psychology of the characters and why this and why that. Kristen doesn't function like that. She connects physically with a character and she considers making sense of it as an actor which is their job. Other actors would take it as that they 'should somehow contribute'. Because I'm the director and writer, they want to please me and want to go in my direction. But I don't want that. I want them to bring their own imagination to bring the spark of life to my screenplay. When I finish writing a screenplay, I already went as far as I can go. I need someone to take over the character.
The supernatural element of the film reminded me of Irma Vep. Despite all the glamorous settings, there is something sweet about Maureen being a medium and waiting for her brother to give her a sign. I'd call it sweet spirituality. Is it what you were exploring? Some kind of spiritualism against this rather vacuous materialism?
That's what I was aiming at, I suppose. I wanted to make a movie that dealt with invisible, whatever that invisible is - you can call it spirituality, you can call it ghosts, parallel reality, alternative facts! (laughs). The thing is, there is the material world and there is our inner world however we project ourselves -longing, imagination, into this outside world. All through the ages, every culture in the world, people have had visions, heard voices or projected some of these tendencies to the outside world. So I wanted to deal with that. I was always convinced that cinema was a way of capturing things that are ultimately beyond perception.
Intangible. And I wanted to explore that. Once you decide to go in that direction, you will be using genre element because cinema had invented the ways of dealing with that dimension of human experience which is genre filmmaking. I'm saying that in terms of films like Vampyr by Dreyer or Nosferatu by Murnau would be considered horror movies today but they are not horror movies. They are films by those directors who tried to cross the dimensions of reality through those specific stories.
Anderson Danielson Lie who is Norwegian in that group as well. Once again, you have this whole international cast working for you. How do you come up with such great actors from all over? Do you cultivate relationships over the years?
You know, I love working with people that I love. Nora has been a friend since we did Carlos together. I've known Lars since Sils Maria and I hope to keep working with those guys. I think it's so precious to establish those kind of friendship with your actors. And they happen to be great actors.
When I was talking about opening the boundaries of french filmmaking, it mostly involves working with the actors I love. And making my films in English helps me with that. It's because I've done few films in English, all of sudden I can work with German actors and I can work with Anders Danielson Lie whom I think is an amazing actor.
You know, I saw him in Oslo, August 31. I thought he was amazing. He has something specifically modern about him that fascinates me. I can't imagine a French actor who would've brought the same vibe to that role. So shooting in English opens the possibilities of working with the broad range of actors and in that sense broad range of colors that I can use it in my film.
We talked about this before but you were always on the forefront of pushing and discovering film culture from other parts of the world and I still feel you are the only one as a French director who continue to do so.
One thing I found interesting thinking about your filmography - Demon Lover, Boarding Gate and now Personal Shopper. There is this hyper-capitalist element in the background. And I can't help myself thinking that oh Assayas perhaps is satirizing the highly advanced capitalist society. Is that the case?
Ha ha. Yes. I think it's totally over the top ridiculous about fashion world or celebrity worshiping culture but I wouldn't say I am satirizing them. I am presenting them as reality. That there is the side of the world that actually exists.
Personal Shopper is now playing in New York and LA. National roll out will follow next week.


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Challenging the CPD
Opening the Presidential Debates
What's the purpose of the presidential debates? Is it to determine who, of two people we pick, might win a general election? Or is it to have a conversation with the American people about different issues and ideas?
New Jersey Lawsuit
CA's Nonpartisan Primaries
A Presidential Primary for Everyone
"...The two major parties have complete control over the initial and most important stages of the political process, including the primary elections and the presidential debates. Unless this Court is willing to consider the consequences of the CPD's private control over our public discourse, we risk losing our nonpartisan right to a representative democracy forever," Level the Playing Field, et. al. v. FEC, April 13, 2016
The Commission on Presidential Debates (CPD) is a partnership between three Democrats and three Republicans. They initiate the rules on the most important conversations political candidates have with the American people.
Federal election law requires the CPD to be nonpartisan and use "objective criteria" to determine who can be in their debates.
However, the CPD has made it impossible for independent and third party candidates to be included on the debate stage by changing the rules to serve their private purpose of advancing partisan candidates.
One example of this is the "15% rule" which requires candidates outside the major parties to poll at 15% in national polls that are handpicked by the CPD just seven weeks before Election Day. Independent and third party candidates are often left out of public polling and media coverage, thus making it impossible for them to acquire the name recognition needed to meet the polling threshold.
On April 13, 2016, the Independent Voter Project filed an amicus brief in support of Level the Playing Field to challenge the two-party control of the debate process and open up the conversation to more diverse voices.*
On February 1, 2017, Federal District Court Judge Tanya S. Chutkan ruled that the FEC had acted in a manner that was "contrary to law" by rejecting the initial complaint by Level the Playing Field, and ignoring evidence that the CPD's rules were decided unfairly and arbitrarily.
The FEC was ordered to reconsider the complaint against the CPD, but once again dismissed the mountain of evidence against the debate commission. Plaintiffs filed a second complaint , arguing that FEC was still acting "arbitrarily and capriciously and contrary to law."
In September 2017, Level the Playing Field filed a motion for summary judgment and two new amicus curiae briefs were filed in the case: one by nonprofit leaders, scholars and practitioners, and another by the Independent Voter Project.*
To date, we are still waiting on a decision by the judge on this complaint.
Read more about the CPD's rigged debates
*Read the first and second amicus briefs that we filed.
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Home \ Archives \ Shanghala makes U-turn on second Ondonga court
Shanghala makes U-turn on second Ondonga court
Nuusita Ashipala ONGWEDIVA -The Minister of Justice, Sacky Shanghala has made a U-turn on the approval of the second community court of the Ondonga Traditional Authority (OTA). The reason the justice minister reversed his earlier decision was apparently because the second court that has been operating from Punyu Hotel at Oniipa at a cost of N$2 500 per month in rentals is not justifiable to treasury. Shanghala's realisation of a wastefulness of government expenditures comes a month later after he approved the community court to be relocated from OTA's premises to Punyu Hotel where it is currently operating. The court was relocated to allow expelled councillors who also serve as assessors or justices to continue registering and hearing cases because they are barred from entering OTA premises where the community court usually operates. However, the minister is now of the opinion the second office is incurring government additional expenditures at a time government is exercising crosscutting budgetary cuts. "I have resolved to decline the request as the budget of the Ministry of Justice will not spuriously incur costs," he said. The minister has thus scheduled a meeting last week Thursday with the two factions, the expelled councillors and those currently in the o$ce to deliberate and set the position in which the community courts will operate. In the meantime, community courts have been suspended. However, sources claim the current leadership including the OTA Secretary Nepando Amupanda snubbed the meeting. "We were told the meeting was at 10 PM and that is when we had scheduled to attend only to be alerted at 10 AM that we should go to the meeting, but many were already engaged. It is not true that we did not attend, we had senior representation," said a source. Nepando according to sources was preparing for Omagongo Cultural Festival that took place last weekend. During the meeting, the minister directed his officials to undertake an investigation of the ministry's "les and assets valued at N$400 000 OTA which was expected to start today. Failure to grant permission will lead to the assets to be invoked which will be followed by the minister announcement of where the court will operate. !e minister has taken a stance to freeze the appointments of assessors and justices until the squabbles have been resolved. He said the squabbles are not just affecting the community courts but have also added strain on the work of the district magistrates at Ondangwa Magistrate's Court. Meanwhile, the minister further warned ungazetted justices or assessors from involving themselves in community issues. He said ungazetted assessors or justices who lay their hands on community courts will be liable for prosecution
Home \ Archives \ Shanghala makes U-turn on second Ondonga court - New Era Live


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Home > Vol 110, No 12 (2020) >	Kruger
Prevalence and characteristics of incidental colorectal polyps in patients undergoing colonoscopy at a South African tertiary institution
J Kruger, L Katsidzira, M Setshedi, S R Thomson
Background. There is a lack of data on the frequency and pattern of colorectal adenomas in sub-Saharan Africa to guide diagnostic and preventive strategies for colorectal cancer (CRC) in the region.
Objectives. To describe polyp characteristics and adenoma frequency in patients at average risk of CRC, who are undergoing colonoscopy for bowel symptoms at a tertiary hospital in South Africa (SA).
Methods. Colonoscopy records from the prospective endoscopy database at Groote Schuur Hospital, Cape Town, SA, from August 2014 to February 2017, were retrieved. The presence of polyps, and their morphology, size, site and number in relation to ethnicity, symptoms and colonoscopy quality indicators were analysed. The histological type and grade were obtained from laboratory records and analysed. The primary endpoint was the adenoma detection rate (ADR). Age, gender, ethnicity, symptoms, bowel preparation and caecal intubation rates were also compared between patients with adenomas and those without.
Results. Of 1 334 colonoscopies, 342 were performed in patients at increased risk of premalignant lesions; these were excluded from the analysis. Polyps were identified in 172 of the remaining 992 patients (17.3%), whose self-declared ethnicity was mixed race (76%), white (12%), black African (11%) or Asian (1%). The quality of bowel preparation and caecal intubation rate were similar between patients with polyps and those without. Patients with polyps were older than those without polyps (mean age 61.5 (standard deviation 12.9) v. 56.3 (17.4) years; p<0.002). On histological examination of these polyps, 119 were adenomas, 26 were hyperplastic and 27 were normal. The majority of the adenomas were tubular (80%), and there were only 6% with high-grade dysplasia. Half (51%) of the adenomas were in the proximal colon, and the overall ADR was 12%. The ADR (prevalence) was highest in white and Asian South Africans (18% each), followed by that in persons of mixed race (13%), but much lower in black Africans (5%).
Conclusions. This study provides a benchmark ADR for our catchment population and potentially across Africa. There is evidence of a continuing differential colorectal neoplasia risk according to ethnicity, with fewer adenomas being detected in black South Africans.
J Kruger, Department of Medicine, Faculty of Health Sciences, Groote Schuur Hospital and University of Cape Town, South Africa
L Katsidzira, Department of Medicine, College of Health Sciences, University of Zimbabwe, Harare, Zimbabwe
M Setshedi, Division of Gastroenterology, Department of Medicine, Faculty of Health Sciences, Groote Schuur Hospital and University of Cape Town, South Africa
S R Thomson, Division of Gastroenterology, Department of Medicine, Faculty of Health Sciences, Groote Schuur Hospital and University of Cape Town, South Africa
Gastroenterology; Digestive system diseases; Colorectal polyps; Colonoscopy


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On the Mark
LCA Tejas is all set to get the FOC before it joins the IAF
Rohan Ramesh
Bengaluru: Almost a quarter century after it was conceived, India's indigenous fighter project, Light Combat Aircraft (LCA), named Tejas, is in the penultimate stage of gaining Final Operational Clearance (FOC) after which the single-engine cropped compound delta design aircraft should be joining the IAF service.
HAL's LCA Tejas taking-off
With the Indian Air Force (IAF) fighter squadron strength down to an alarmingly 31, against a required minimum of 42, the sword arm of the Indian armed forces, needs to increase its strength to up its game as the US-China stand-off threatens to change the rules of engagement in South Asia.
Given that the Rafale acquisition has turned into a scandal of sorts for the government, buying aircraft off-the-shelf from foreign firms seems to be a scary proposition for the IAF at the moment. Though faced with dwindling numbers of aircraft, the IAF does seem to have a readymade local solution for its problems — the HAL-manufactured LCA Tejas.
Let us look at the history of the LCA. In 1985, the IAF's Air Staff Requirement for the LCA was put out. Initially, a team of consultants from France's Dassault-Breguet arrived in India to advise ADA on the project. They completed their work with ADA and left in 1988.
Finally, in 1990, a decision was taken on the design and development of a small tailless delta-winged aircraft which would have relaxed static stability (RSS) and the required control and configuration for advanced manoeuvrability. Thus, the LCA was born.
LCA is India's second attempt at manufacturing a fighter on its own. Its first attempt was HF-24 Marut, a 'moon-shot' attempt which did partially realise India's dreams of an indigenous fighter. Though designed as a capable interceptor aircraft, the Marut could only go supersonic in dives due to the lack of a powerful engine. The Bristol Siddeley Orpheus 703 turbojets which powered the Marut were just not powerful enough. The engine and the airframe were a mismatch.
Just like its predecessor, the LCA has also been burdened with pitfalls and roadblocks such as when Lockheed Martin who were assisting LCA National Control Law (CLAW) team at the National Aeronautics Laboratory to develop a state-of-the-art digital Fly-by-wire control system for the Tejas, were called off by the US government as part of sanctions against India for conducting nuclear tests in 1998.
The Kaveri engine for the LCA, designed by the Gas Turbine Research Establishment (GTRE) under Defence Research and Development Organisation (DRDO) also faced many issues and though plans are on to revive it with help from French engine manufacturer Snecma, it looks like the engine may not power the LCA, at least not in the near future. Instead, it has been decided to equip the LCA Tejas Mk.2 with General Electric F414-INS6 engines.
Over 83 LCA Tejas Mk.1A have been ordered by the IAF which are to be equipped GE F414-IN56 engines.
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The education concurrent symposium at Plant Biology 2018 attracted a wide array of scientists committed to the importance of educating the public and students about topics in plant biology. Each speaker presented a creative way to generate knowledge and excitement about scientific discovery either to students in the classroom or to the public via various outreach projects. Many of the presentations generated thoughtful questions about how best to adapt the presenters' ideas to specific situations as the attendees and speakers alike shared their passion for education through lively discussion.
Scott Woody (University of Wisconsin – Madison) presented a set of self-compatible rapid-cycling Brassica rapa fast plants that can easily be used in the laboratory classroom.
When taking genetics lab courses, students often explore Mendelian inheritance using fruit flies. Scott Woody (University of Wisconsin – Madison) presented a set of self-compatible rapid-cycling Brassica rapa fast plants (FPsc, https://fpsc.wisc.edu) that can easily be used in the laboratory classroom. One obvious benefit of this collection is the easily scorable set of mutant phenotypes that have been created. Woody described several examples of how these plants could be used to teach core concepts in genetics, including mapping projects that could be completed by undergraduates and even high school students through the use of PCR-based molecular markers. Several inquiry-based activities using these plants were described, and many attendees visited the ASPB education booth to see these plants for themselves and participate in demonstrations of related activities.
If you were asked to generate a list of expert geneticists, how much diversity would your list include? Jennifer Robison (Indiana University-Purdue University Indianapolis) sought to expose the students in her undergraduate genetics course to the contributions of scientists from a wide range of backgrounds. When asked to create a list of scientists from memory, the students initially recalled names that were predominately male, and none of the scientists was from an underrepresented group. Students were then randomly assigned to research and write content about a scientist from a group that spanned diverse cultural backgrounds and identities. Following the intervention, Robison again asked students to list as many scientists as they could remember and measured increases in both the number of females and of underrepresented minorities, as well as many more total names than in the initial assessment. This intervention had the added benefit of making students aware of scientist role models who look like themselves. Variations on this activity could be added to virtually any course.
Nicholas Ruppel (Randolph-Macon College) described a project to knock out Arabidopsis genes using CRISPR/Cas9 in an undergraduate Genetics course. The goal was to create new alleles of genes like werewolf, too many mouths and glabrous1, which have seedling or juvenile-stage phenotypes that are well-documented in the scientific literature. To fit the experiment into a 13-week semester, students transform adult plants with a pre-made CRISPR plasmid construct in the first class so there is time to score second generation transformants before the semester ends. While first and second generation plants are growing, students do background reading to become familiar with the phenotypes of existing mutants of the genes of interest and use The Arabidopsis Information Resource database (TAIR, https://www.arabidopsis.org) to analyze gene structure. PCR is used to genotype plants. This exercise is a relatively quick way to give students some hands-on experience with applications of CRISPR in plants.
Course-based undergraduate research experiences (CUREs) are becoming a popular way to engage students in authentic research experiences within the confines of a traditional laboratory course. Alenka Hlousek-Radojcic (University of Delaware) described several aspects of a CURE based on the biology of Bonsai plants. Students are given time to hone experimental skills like microscopy and the measurement of transpiration rates. They are then guided through the development of an independent question. The module also requires the students to work in teams, which is a critical aspect of scientific inquiry.
While at Southern Illinois University-Carbondale, Jessica Lucas was part of an NIH-funded team whose goal is to better prepare underserved community college students for the transition to four-year universities. Focused specifically on students interested in the biomedical sciences, Jessica described an eight-week immersive summer research experience based on analysis of Arabidopsis seed coat mucilage mutants because this specialized extracellular matrix is easy to visualize with ruthenium red. The program emphasized experimental design, quantitative reasoning, utilization of available online resources, scientific communication skills, and collaboration skills. Students reported increased interest in earning advanced degrees in the biological sciences after completion of the program.
Anne Sternberger (Ohio University) presented the DNA Detective module, which is targeted to students in grades 6-12. This activity uses the publicly available DNA Subway website (dnasubway.cyverse.org) to analyze one of several "mystery" plant DNA sequences. Once students identified their particular gene, they investigated its known mutant phenotypes and were then presented with a variety of live mutant plants to observe. All students successfully matched their gene name to the corresponding mutant plant, indicating that they understood the connection between genotype and phenotype.


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Q: Unexpected parameter "help","topics" in bash function I am writing a simple backup program in bash as follow :
export tmfmt=%Y.%m.%d:%H:%M:%S #+%Z
function bk()
{
    local tmstp=`date +$tmfmt`
    set "$@"
    while (("$#"))
    do
        cp "$1" ".$1.backup.$tmstp.${1##*.}"
        ln -sfT ".$1.backup.$tmstp.${1##*.}" ".$1.backup.${1##*.}"
        shift
    done
}

It will be inserted into my ~/.bashrc.

I tried it in a tmp dir :
~ $ cd ~/tmp; touch t.t; ls -A
t.t
~/tmp $

and then :
~/tmp $ bk t.t ;ls -A
.help.backup.help  .topics.backup.topics  t.t  .t.t.backup.2021.12.03:15:45:27.t  .t.t.backup.t
~/tmp $

Where .help.backup.help .topics.backup.topics come from?
Besides, why they will not be created if I redo these but ran bk * instead?
Thanks.

EDIT :
I found that it will happened if I type b k   t . t <TAB>.
The _init_completion will run a block as follow :
+ [[ -n '' ]]
+ return 0
++ bk help topics
++ awk '/^  bk/ { print $2 }'
++ xargs printf '%s '

The unexpected files would be created after completion. What is the completion script doing here, and how to avoid this?

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When to do a pregnancy test
For every woman, the time comes when she thinks about the need to use a pregnancy test, for some it is a multiple procedure. At this exciting moment, women have a lot of questions, namely: when to do a pregnancy test, how to choose a reliable test, which of the various pharmacy products for determining pregnancy is the most accurate .
It is necessary that the pregnancy test be extremely accurate. And this depends, first of all, on the degree of sensitivity of the "device".
What is a pregnancy test?
The tests we are talking about respond to specific hormones in a woman's blood. Human chorionic gonadotropin or hCG hormone is the main element for the placenta, which can be detected in the blood no less than a week and not earlier than 10 days after ovulation. An increase in its amount begins as a result of implantation of the embryo into the uterus. After the hormone appears in the urine of a pregnant woman, and its level gradually increases – more than twice in 2 days.
In order for a pregnancy test with a sensitivity of 25mUI to show the correct result, it is necessary to wait after ovulation for 11 days when the level of hCG hormone passes the line of 25 mUI. Still conduct a test 15 days after ovulation and wait for the onset of menstruation delay. At this time, the device can, with a high degree of probability, recognize the presence of "pregnancy hormone" in the urine (blood).
What causes errors? The inaccuracy of a pregnancy test does not always depend on the poor quality of the product. Very often, women simply misuse the drug, which is why the "errors" of the definition arise. Errors can occur due to the following factors:
– little time has passed from the time of probable fertilization, and the level of hCG, respectively, is low;
– the expiration date of the test is out;
– the test was not conducted according to the rules;
– the concentration of hormones in the urine is reduced due to the large amount of fluid drunk;
– when taking injectable infertility drugs that already contain the hCG hormone;
– with tumors, especially malignant;
– after a miscarriage or premature birth, when particles of the ovum can remain in the uterus.
When to do a pregnancy test, it is very difficult to determine exactly, but it is better to conduct it when the body has the highest concentration of hCG hormone in the urine. It is considered the largest in the morning, although there are types of modern tests that can be used at any time of the day. The lower threshold of their sensitivity is 10 mUI, which makes it possible to carry out the procedure within one week after the proposed conception.
Types of Pregnancy Tests
There are several options for pregnancy tests. It is difficult to say which is the most suitable and best test for determining pregnancy , since it all depends on the individual characteristics of the woman's body. This or that test for some may be the most accurate and it may also show erroneous results for others.
The simplest option is a stirp test or test strip, which is lowered for 10 seconds in morning urine to the mark indicated on the device. The result will appear after a few seconds, as soon as you remove the sticker from the urine. A positive result – two strips, one – you are not pregnant!
The tablet pregnancy test has the same test strip hidden in a plastic box with a hole. It is necessary to drip a small amount of urine into it with a special pipette, which is offered to the device. Inside, the result will appear, as in the previous strip test.
The jet test is carried out at any time convenient for a woman, while it must be directed under a stream of urine. The result will be known in a few seconds, according to the same signs – two bands – "yes", one – "no".
The sampler of the electronic test is lowered into the urine or substituted under its stream. The results of this test will appear after 3 minutes in the form of a plus sign or the words "pregnant" (pregnant) or "notpregnant" (not pregnant).
When to do a pregnancy test is described in the instructions. It often happens that the second strip is barely visible, which can happen due to the low level of the hCG hormone. Try an extra pregnancy test a few days later.
Pregnancy and medication


January 30, 2019 – Newark, MD – Worcester County Public Schools is pleased to announce that Character.org, a national advocate and leader for character named Pocomoke High School a 2019 Maryland School of Character. The program recognized Pocomoke High School as a school that has demonstrated its use of character development to drive a positive impact on academics, student behavior and Pocomoke High School's climate.
"Our staff is committed to building character and the soft skills necessary for student success," said Pocomoke High School Principal Jenifer Rayne. "We are so proud of the demonstration of these skills by our kids each day. They are world changers.


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the Future Technology – Graduation and Beyond College Fair and more!
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If your require higher level functionality learn more about our Enterprise Cloud PBX version here.
*Note: The features and pricing mentioned in this document are subject to change without notice.


text:
Q: $routeProvider not firing Controller I have a situation where the Angular $routeProvider appears to not fire controller actions on route changes.
The routes are super simple urls:
window.app = angular.module('app', ['ngRoute', 'app.filters', 'app.services', 'app.directives', 'app.controllers'])
    .config([
        '$routeProvider', function($routeProvider) {
            console.log("app.js config launched");

            $routeProvider
                .when('/nav', {
                    templateUrl: 'temp/test.html',
                    controller: 'navController'
                    // controller: function($scope) { alert('scope called.') }
                })
                .when('/home', {
                    controller: 'homeController',
                    template: ' '
                });

            $routeProvider.otherwise({ redirectTo: '/home' });
        }
    ]);

The controller is just an log out to verify access:
app.controller('navController', [
    "$scope", "cellService",
    function ($scope, cellService) {
        console.log("**** navController fired");
    }
]);

The initialization code fires so the routing is initialized. When I hit:
http://localhost:4333/app/#/nav

and the url changes I can see that the test.html template is accessed by the browser, but the controller never fires.
This seems to indicate the route is getting activated by the URL change, but for some reason the controller is not firing. I've tried using a function instead of a controller name, but that too never gets fired. I've also verified that the controller is valid by attaching ng-controller="navController" to an element and that fires the controller just fine.
This is a page that originally didn't have routing associated as it was basically single self-contained page that didn't need navigation. I added the route code after the fact. I added an ng-view (there wasn't one before) after which at least the template started loading - without ng-view nothing happens.
Stumped and not sure what else to look at. Help.

A: It turns out the problem really was operator error on my part, but I think it's a scenario that can cause issues so I'll use this as the answer.
The issue that caused this problem were two-fold:

*

*The HTML template HTML page (via templateUrl) had an invalid URL so the page never loaded
and the controller wasn't fired because of that.

*When switching to a template I used an empty template (" ") but had also
removed the ng-View directive. The ng-View directive MUST BE present
even when using an empty template. Without it the controller doesn't fire.
In both cases it didn't work and I mistakenly assumed that the controller was not getting fired which was confusing because it did fire if I explicitly hooked it up with ng-controller.
Yup plain operator error, but the latter is vitally important - without ng-View the controller doesn't fire.

A: What happens if you define the function externally and reference that? So instead of
.when('/nav', {
                templateUrl: 'temp/test.html',
                controller: 'navController'
                       })

It would be
.when('/nav', {
                templateUrl: 'temp/test.html',
                controller: navController
                              })

and elsewhere
 function navController($scope, cellService){
    console.log("**** navController fired");
 }
 navController.$inject = ['$scope', 'cellService'];


text:
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Alexander McQueen's career laid bare in London
Friday, March 13, 2015 - 01:36
A new exhibition, 'Alexander McQueen: Savage Beauty', goes on display at London's V&A Museum, which highlights some of the prolific British designer's greatest creations. Rough cut - no reporter narration
ROUGH CUT (NO REPORTER NARRATION) Some of the greatest creations by late British fashion designer Alexander McQueen went on display for a press preview of 'Alexander McQueen: Savage Beauty' on Thursday (March 12) at London's Victoria and Albert Museum - also known as the V&A. The exhibition features many iconic pieces, including the armadillo shoes, the butterfly headpiece, the flower dress, and the dress featured in the finale of his 1998 London collection where a model in a white dress was spray painted by two robotic arms. Opening on March 14, the exhibit is curated by Claire Wilcox, who is both the Senior Curator of Fashion at the V&A and also Professor in Fashion Curation at the London College of Fashion. When asked why McQueen was so prolific, she replied "He had this vision for fashion, he pushed fashion's boundaries, he wasn't curtailed in any way and he used the catwalk as a stage but at the same time he had a fantastic obsessive attention to detail. You know, the smallest thing, if you look at some of his pieces, you can see them on the plinth behind me, the perfection of the making, the care in which he had the embroiders embellish the gowns, and the care with which he cut the pieces himself so he was a perfectionist but he also had a big vision as well." She added, "He was sort of passionate in creating fashion in the way that he saw it. He was a rule breaker in the sense that he wasn't thinking about those rules. That's why he was so good. What other designer would think of staging a catwalk show with a glass box in it with the models inside and then another glass box inside that filled with moths. It's very poetic, very romantic and very ambitious for the discipline of fashion." Also included in the exhibition is a hologram 3D image of Kate Moss for the finale of the 2006 Widows of Culloden collection, although the organisers didn't allow journalists to film the exhibit. In total, the exhibition includes 240 pieces, which the organisers claim is the largest collection ever shown to the public. Alexander McQueen died on February 11, 2010 and a quote of his lies above the door to the 'Cabinet of Curiosities' saying 'I want to create pieces that can be handed down, like an heirloom'.
http://reut.rs/1MygYLa


text:
Lamar used fake penis to cheat drug test
Saturday - 18/05/2019 09:28
'And that's how I beat the drug test … Lamar Odom and Kobe Bryant during their time at the Lakers.Source:Supplied
New York Knicks v Los Angeles Lakers In no universe should one so easily be able to fool a drug tester but former NBA star Lamar Odom did, with the use of a large prosthetic.
By now we all know that former NBA star Lamar Odom had a pretty significant drug problem and was also addicted to sex but the lengths he went to, to avoid being caught out are both amazing and shocking.
Writing in his book Darkness To Light, Odom told the tale of the time he was selected for the 2004 Dream Team but was petrified he would never get to join the team in Athens due to being unable to pass the drug screening, with a heap of drugs in his system.
Lamar Odom on team USA in 2010.Source:Supplied
"There was absolutely no way I was going to pass. I'd been smoking weed every day that summer. Panic set in," Odom wrote.
But then he had an epiphany of how to skirt around the issue and jumped online to google "fake penises".
"After an exhaustive search we ordered a giant, rubber, black ***k to arrive the next day."
Odom then had his trainer — who was drug-free — "urinate in the reservoir of the phallus, which was hidden in the balls."
His trainer then passed him the urine-filled prosthetic in the bathroom and Odom strapped it to his leg — he then squeezed the urine out of the tip of fake penis, while the NBA security official looked on.
"I unzipped my pants and carefully slid the fake penis through the zipper hole. To get the pee to come out of the tip, I had to squeeze the shaft repeatedly."
Khloe Kardashian Odom and Lamar Odom pose for photographers.Source:Supplied
Odom passed the test after the official "stuck a thermometer in the cup to gauge the temperature" and officially welcomed him to Team USA.
Not that it mattered, in Greece they failed to bring home the gold as Argentina took out the tournament, beating Italy in the final, on the back of star performances from fellow NBA stars Manu Ginobili and Luis Scola.
Team USA, would finish third, beating Lithuania to the bronze and while Odom would go on playing in the NBA until 2013 his drug and sex issues really only came to light after that time.
Lamar Odom is seen at Fashion Nova Presents party in 2019.Source:Getty Images
He suffered a near-fatal overdose in 2015 while overindulging in both women and drugs at infamous Nevada brothel The Love Ranch.
"Sex was a trigger for me to do drugs," he told PEOPLE in a separate interview for the book. "Because you double up on [that] good feeling."
Keywords: NBA, Khloe Kardashian, Lamar Odom
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text:
Q: how to push value to an array which is a property of an object in mongodb I am trying to update the skill endorsements for users, this my user schema
{
 _id:'123456',
 firstName:'xyz',
 skills:[
  {
   title:'HTML',
   endorsement:['12','13','14']
  },
  {
   title:'CSS',
   endorsement:[]
  }
 ]
}

I want to push the id of user in endorsement array after finding that skill by its title, this the query's I'm using but its now working or me
   1) update({_id:user_id,skills:{$elemMatch: {title:'HTML'}}},{ skills:{title:"HTML",$push:{endorsement: id}}})

   2) update({_id:user_id,skills:{$elemMatch: {title:'HTML'}}},{ $push: {endorsement: id}})

Here user_id is the skill holder and id is the skill endorser.

A: Its been some time since i used mongo so not sure about this but have you tried updating this way?
update({_id:user_id,skills.title:'HTML'}}},{ $push: {skills.$.endorsement: id}})


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text:
2014-F-158 - Testator's attorney client privilege
Can a lawyer who represented a testator refuse to honor a court order or subpoena to disclose, prior to the client's death, a Will or other testamentary document executed when the testator was competent on the basis that the document is protected against disclosure by the attorney-client privilege or confidentiality.
The inquiring attorney asserts that it has become increasingly common for courts to appoint attorneys in a representative capacity to represent individuals suffering from dementia and/or Alzheimer's who are the subject of a dispute or litigation regarding management of the individual's funds and/or person. It is asserted that attorneys involved in elder-law practice, guardianships, conservatorships, and guardian-ad-litems (GAL)/attorney-ad-litems (AAL) appointed by the court seek the "ward's" last Will and Testament by request, court order or subpoena from the lawyer or law firm which prepared and/or is in custody of the Will. The Will is sought prior to the death of the testator on the basis of alleged need for the appointed lawyer to engage in "estate planning" on behalf of the ward. The inquiring attorney asks:
Is the law firm and/or each attorney in the firm responsible for asserting the attorney-client privilege if a person other than the client request delivery of the Last Will and Testament before the client's death?
Response: Yes, if requested in a judicial proceeding and there are non frivolous claims that the Will is protected against disclosure by the attorney client-privilege or other applicable law, as required by Rules of Professional Conduct (RPC) 1.6(c)(2).
Is the answer any different if a GAL, AAL or Conservator has been appointed over the client by a Court and requests the Will?
Response: This is an issue of substantive law beyond the scope of the Rules of Professional Conduct.
Can the GAL waive the attorney-client privilege on behalf of the "ward"?
Is the answer any different if a Court orders the law firm to turn over the Will on behalf of either (1) the GAL, (2) AAL, and/or (3) the Conservator?
Response: The lawyer must comply with the courts order but only after the lawyer has raised all non frivolous claims that the Will is protected against disclosure by the attorney client-privilege or other applicable law, as required by RPC 1.6 (c)(2).
The Rules of Professional Conduct (RPC), Tennessee Supreme Court Rule (SCR) 8, nor the Rules of Disciplinary Enforcement, SCR 9, provide any basis, authority, or jurisdiction upon which the Board of Professional Responsibility (BPR) can opine or authorize lawyers to disregard or refuse to honor an order of a court or subpoena. A court order is given full affect unless and until a party obtains dissolution of the order through operation of the judicial system. In Re Estate of Rinehart, 363 S.W.3d 186, 189 (Tn. Ct. App. 2011); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d 856, 874 (Tenn. Ct. App. 2008). Ethics opinions of the BPR do not have the force of law and are not binding upon the courts of this state. State v. Jones, 726 S.W.2d 515, 519 (Tenn. 1987).
Statute governs to whom a Will is to be produced before and after death.[1] TCA 32-2-112(b)1 provides that during the lifetime of the testator, the Will can only be delivered to the testator or someone authorized by the testator. Whether a Will or other testamentary document which was prepared and executed at a time when the testator was living and competent is subject to attack or change by someone other than the testator is an issue of substantive law to be determined by the court.
The principles of (1) attorney-client privilege and (2) confidentiality must be considered in responding to this inquiry. Tennessee Formal Ethics Opinion (TFEO) 2013-F-156 addressed differences between the two principles, as follows:
…Although interrelated and often considered essentially the same, the requirements for and exceptions to the (1) attorney-client privilege and (2) confidentiality are substantively different. The attorney-client privilege and its exceptions are governed by statute and common law. Confidentiality and its exceptions are governed by the Rules of Professional Conduct (RPC). Confidentiality is far broader than the attorney-client privilege. Differences between the two are addressed in RPC 1.6, cmt. [3]:
The principle of client-lawyer confidentiality is given effect by related bodies of law: the attorney-client privilege, the work-product doctrine, and the rule of confidentiality established in professional ethics. The attorney-client privilege and work-product doctrine apply in judicial and other proceedings in which a lawyer may be called as a witness or otherwise required to produce evidence concerning a client. The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law. See also Scope.
By statute and common law, Tennessee recognizes an evidentiary attorney-client privilege by which an attorney may not disclose confidential communications between the client and their lawyer. See, Tennessee Code Annotated (TCA) 23-3-105[2]; Bryan v. State, 848 S.W.2d 72, 79-80 (Tenn. Crim. App. 1992) (perm. app. denied).
…Thus, the purpose of the privilege is to shelter confidences a client shares with his or her attorney when seeking legal advice, in the interest of protecting a relationship that is a mainstay of our system of justice…Not only must the communication have occurred pursuant to the attorney-client relationship, it must have been made with the intention of confidentiality…
Bryan, 848 S.W. 2d at 79-80. The attorney-client privilege, however, is not absolute. Because of public policy and judicial administration concerns, several exceptions to the privilege have been fashioned. See, Hazlett v. Bryant, 192 Tenn. 251, 241 S.W.2d 121, 123 (Tenn. 1951); Bryan, 848 S.W.2d. at 80. The privilege can be waived expressly or by other circumstances. State v. Buford, 216 S. W. 3d. 323, 325-326 (Tenn. 2007); Smith Co. Educ. Assoc. v. Anderson, 676 S.W. 2d. 328, 333 (Tenn. 1984); Bryan, 848 S.W. 2d at 80. "…[W]hether the privilege applies to any particular communication is necessarily question, topic or case specific." Bryan, 848 S.W. 2d. at 80. The privilege survives the death of the client. Estate of Queener v. Helton, 119 S.W.3d 682, 685 (Tenn. Ct. App. 2003) (perm. app. denied); Estate of Hamilton v. Morris, 67 S.W.3d 786, 791-92 (Tenn. Ct. App. 2001) (perm. app. denied); State v. Leonard, 2002 Tenn. Crim. App. LEXIS 737 at *21, 2002 WL 1987963, at *8 (Tenn. Crim. App., Aug. 28, 2002).
While the attorney-client privilege may be applicable to protect communications between the testator and their lawyer regarding estate planning or resulting documents from disclosure during the lifetime and after the death of the testator, an exception to the privilege may apply to permit the lawyer to make such discloses to establish the testamentary intent of the testator.[3],[4],[5],[6] Id.
If a client or former client's Will or other testamentary document is sought in a judicial or other proceeding in which the lawyer may be required to produce the information or document under compulsion of law, whether by order of the court, subpoena or otherwise, the lawyer is required to comply with and be governed by RPC 1.6 (c)(2).[7],[8] In the absence of informed consent of the client, the lawyer must reveal the information or document if ordered to so by the tribunal, but only after the lawyer has raised all non-frivolous objections that the information sought is protected against disclosure by the attorney-client privilege or other applicable law. ABA Annotated Model Rules of Professional Conduct, (7th Ed. 2011), p. 96. The lawyer is obligated to disclose no more than the court requires. The rule requires the lawyer to resist disclosure if there are any non frivolous claims that the information is protected from disclosure by the privilege. See, ABA Formal Op. 94-385 (1994); ABA Annotated Model Rules, p. 111. If no non-frivolous claims are available, the information or document can be revealed by the lawyer in a judicial proceeding without raising the issue with the tribunal. Whether the attorney-client privilege, an exception to or waiver[9] of the privilege are applicable is governed by substantive law, not the Rules of Professional Conduct and on which the BPR cannot opine.[10] By the terms of RPC 1.6(c)(2), it is the court or the tribunal, not the BPR, which determines whether the requested information or document is protected from disclosure by the attorney-client privilege or other applicable law. If the court determines that the information or document is not protected from disclosure by the privilege, RPC 1.6(c)(2) requires that the information or document be revealed by the lawyer unless the decision of the court is appealed8.
If a client or former client's Will or other testamentary document is sought outside a judicial or other proceeding in which a lawyer may be required to produce evidence, the disclosure is governed by the confidentiality rules of the Rules of Professional Conduct (RPC) 1.67 and 1.9(c)[11], respectively, rather than the attorney-client privilege. RPC 1.6(a)7 prohibits a lawyer from revealing any information, whatever or whoever its source, relating to the representation of a current client unless (1) the client has given informed consent, (2) the disclosure is impliedly authorized to carry out the representation, or (3) the disclosure falls within one of the exceptions permitted or required by the rule. Any disclosure permitted by an exception referenced in RPC 1.6(c)(3) is limited to that which the lawyer reasonably believes necessary to accomplish the specified purpose. See, RPC 1.6, cmt [13]; ABA Annotated Model Rules of Professional Conduct, (7th Ed. 2011), p. 112. RPC 1.8(b) prohibits a lawyer, in the absence of informed consent, from using information relating to the representation of a current client to the client's disadvantage.
RPC 1.9(c)11 prohibits a lawyer from revealing information relating to representation of a former client or using such information to the former client's disadvantage unless (1) the former client gives informed consent, (2) the rules would permit with respect to a current client, or (3) the information has become generally known.[12] RPC 1.9(c)(2) incorporates the bases on which RPC 1.6 permits disclosure for a current client. The duty of confidentiality continues after the client-lawyer relationship has been terminated, RPC 1.9(c), cmt. [3a][13] and RPC 1.6, cmt. [17], and survives the death of the client. ABA/BNA Lawyer's Manual on Professional Conduct, 55:106 (2006); ABA Annotated Model Rules, p. 103. [14]
Unless permitted or required by RPC 1.67 or 1.9(c)11, a lawyer cannot voluntarily disclose information relating to the representation of the client or former client outside a judicial proceeding. "…A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law." RPC 1.6, cmt. [3]. Conversely, a lawyer may reveal such information if permitted or required by the rules.
Both RPC 1.6 (a)(1)7 and 1.9(c)(1)11 permit a lawyer to reveal any information or document which the client or former client has given the lawyer informed consent[15] to reveal.[16] If the client or former client is deceased or incompetent, due to dementia, Alzheimer's or otherwise, they can no longer give informed consent. Ethics opinions of the states are inconsistent regarding whether individuals appointed by the court in various capacities can waive confidentiality on behalf of the client or former client. Neither RPC 1.6(a)(1), RPC 1.9(c)(1) nor the accompanying comments permit someone other than the client or former client to waive confidentiality on behalf of the client. South Carolina Ethics Op. 05-09 (2005). Aside from basis on which the client or former client's lawyer's may disclose information relating to the representation, whether someone other than the client or former client can consent to such disclosure is governed by "other law" beyond the scope of this opinion. RPC 1.6(c)(3)7
RPC 1.6(a)(2)7 and, by incorporation, RPC 1.9(c)(2)11 permit lawyers to disclose information relating to the representation if impliedly authorized to carry out the representation.[17] The implication is defeated by the testator's instructions to the contrary.17 In making the determination whether disclosure is impliedly authorized, the lawyer must exercise reasonable professional judgment. Philadelphia Ethics Op. 2007-6 (2007). The analysis is the same for each person who may request such information, although the answer for each will depend on the facts and circumstances of the particular situation and may differ depending on by whom and why the request is made. Florida Bar Op. 10-3(2011); ABA Annotated Model Rules, p. 99. In making the determination a lawyer may consider the client's wishes or intent.[18] Doubt should be resolved in favor of not disclosing. Florida Bar Op. 10-3 (2011).
A lawyer is permitted to disclose information relating to the representation of a deceased former client, but only if the lawyer believes that the disclosure would further the client's interest and that the client would have consented to the disclosure. The ABA/BNA Lawyers' Manual on Professional Conduct, 55:506 (2006)[19] provides:
A lawyer may disclose information relating to the representation of a deceased client only if disclosure would further the client's interests, and only if the lawyer believes that the client would have consented.
Tennessee Advisory Ethics Opinion 2000-A-727, on the basis of the former Rules of Professional Responsibility, provided in part:
Assuming that waiver or court order do not apply, we are of the opinion that the attorney may reveal confidences and secrets if the attorney believes that the revelation is in the best interests of the client and that the client would consent to waiver of the attorney-client privilege…
If a lawyer believes that disclosure of the contents of the will would be in furtherance of client's interest, and the client did not forbid the lawyer to make the disclosure, RPC 1.6(a)(2) permits the lawyer to furnish the Will as being impliedly authorized to carry out the representation of the client. South Carolina Ethics Op. 05-09 (2005). See also, District of Columbia Op. 324 (2004). "A lawyer may be impliedly authorized to make appropriate disclosure of client confidential information that would promote the client's estate plan, forestall litigation, preserve assets, and further family understanding of the decedent's intention…" Philadelphia Ethics Op. 2007-6 (2007).18 The rule permits a lawyer to reveal such information even after the death of a client and even when no personal representative has been appointed. Id. North Carolina Ethics Op. 206 (1995) provides:
…It is assumed that a client impliedly authorizes the release of confidential information to the person designated as the personal representative of his estate after his death in order that the estate might be properly and thoroughly administered. Unless the disclosure of confidential information to the personal representative, or a third party at the personal representatives instruction, would be clearly contrary to the goals of the original representation or would be contrary to the express instruction given by the client to his lawyer prior to the client's death, the lawyer may reveal a client's confidential information to the personal representative of the client's estate and … to third parties at the direction of the personal representative.
If the lawyer determines on the basis of the circumstances of the particular situation that disclosure was not impliedly authorized because contrary to the expressed instructions of the testator or contrary to the testator's intent, wishes or goals of the representation, the lawyer may not disclose the information or document, even to someone appointed by the court or designated by the personal representative. Other bases provided in the rules discussed herein may, however, permit or require disclosure of the information or document.1,7,11
As discussed in Attorney-Client Privilege above, a lawyer is required to comply with RPC 1.6(c)(2) with respect to orders or subpoenas of the court.
RPC 1.6(c)(3)7, and by incorporation, RPC 1.9(c)(2)11 require "a lawyer to reveal information relating to the representation of a client to the extent the lawyer reasonably believes disclosure is necessary…to comply with…other law."[20] Statute may require the lawyer to disclose the Will1. GAL, AAL, conservators, guardians and others serving in a representative capacity are appointed by courts or tribunals. The duties, authorities and/or responsibilities of each are governed by statute and/or order of the court, over neither of which the Rules of Professional Conduct nor the Board of Professional Responsibility has authority or jurisdiction. If other law grants specific authority to one acting in a representative capacity to access or disclose the client's or former client's confidential information or documents, RPC 1.6(c)(3) would require that the information or document be revealed or provided by the lawyer.[21] For instance, T.C.A. 34-3-107(2)(F) provides that the court can vest a conservator with power to receive or release confidential information for their ward.21 In the absence of informed consent or other applicable basis which would permit disclosure, if the court's order of appointment does not vest the conservator with power to receive the ward's confidential information, the lawyer may not provide the Will or other information relating to the representation of the client or former client to the conservator. Whether others appointed in other representative capacities have the power or authority to receive the ward's confidential information is less well defined. Such matters are governed by substantive law beyond the scope of an opinion of the BPR.20 If "other law" does not require disclosure of information relating to representation pursuant to RPC 1.6(c)(3), no other exception to the confidentiality rules permit disclosure of such information to a GAL[22], conservator, guardian or others appointed in a representative capacity simply by the fact of their appointment by the court.
RPC 1.9(c)(3)11 permits disclosure of information relating to the representation of a former client if the information has become "generally known." If the Will or other testamentary document of a former client is part of the public record, the document is "generally known" and may be revealed or provided by the lawyer. RPC 1.9(c), cmt. [8a].12
Specific responses to the inquiry are at pages 1-2 herein. Because other possible fact scenarios regarding disclosure of information relating to the representation of a client or former client are too numerous and varied to address individually, lawyers should be governed generally by the foregoing when such information is sought from the lawyer by someone other than the client or former client. Generally, the lawyer must comply with RPC 1.67 or 1.9(c)11 and shall not provide any information or document relating to the representation except: with the informed consent of the current or former client, RPC 1.6(a)(1) and 1.9(c)(1); the disclosure was impliedly authorized, 1.6(a) (2) and 1.9(c)(2); the disclosure is required by order of the court specifically granting authority for such disclosure, RPC 1.6(c)(2) and 1.9(c)(2); the disclosure is required by other law, 1.6(c)(3) and 1.9(c)(2); the information or document is generally known, RPC 1.9(c)(3), as discussed herein, or as otherwise permitted or required by the rules.
This 13th day of June, 2014.
Susan McGannon
J. Russell Parkes
Francis Guess
[1] Tenn. Code Annotated (TCA) 32-1-112(b) provides that "the will shall, during the lifetime of the testator, be delivered only to the testator, or to some person authorized by the testator by an order in writing, duly proved by the oath of a subscribing witness. Any will that is deposited after the death of the testator shall be delivered only to a person named in the will as executor, to a next of kin of the testator, or to any other person so authorized by law or court order." TCA 32-1-113(a) provides, in part, that "any person or corporation who has possession of or discovers a written instrument purporting to be the last will and testament of decedent shall mail or deliver that instrument to the personal representative named in the instrument as soon as the person or corporation has knowledge of the death…" (b) requires that in the absence of a personal representative, "then the person having possession of the original instrument shall mail or deliver it to the clerk."
[2] Tennessee Code Annotated 23-3-105 provides:
No attorney, solicitor or counselor shall be permitted, in giving testimony against a client or a person who consulted the attorney, solicitor or counselor professionally, to disclose any communication made to the attorney, solicitor or counselor as such by such person, during the pendency of the suit, before or afterwards, to the person's injury.
[3] The Supreme Court has long accorded privilege to certain communications between attorneys and their clients, while recognizing there are exceptions to this privilege. Hazlett v. Bryant, 192 Tenn. 251, 241 S.W.2d 121, 123 (1951). The United States Supreme Court in Swidler & Berlin v. U.S., 524 U. S. 399, 118 S.Ct. 2081, 141 L.Ed.2d 379 (1998) held that the attorney-client privileges survives the death of the client . . .
165 U.S. at 406, 17 S.Ct. 411.
Queener, 119 S.W. 3d at 685
[4] . . . The Court noted that most courts presume that the privilege survives the death of the client, but they view testamentary disclosure of communications as an exception to the privilege. Id. The Swidler Court quoted from United States v. Osborn, 561 F2d 1334, 1340 (9th Cir. 1977):
[T]he general rule with respect to confidential communications . . . is that such communications are privileged during the testator's lifetime and, also, after the testator's death unless sought to be disclosed in litigation between the testator's heirs . . .
524 U.S. at 405, 118 S.Ct. 2081 (citations omitted). The Court went on to say that, "The rationale for such disclosure is that it furthers the client's intent." Id.
In Glover v. Patten, 165 US. 394, 17 S.Ct. 411, 41 L.Ed. 760 (1897), a case which has not been overruled in over one-hundred years, the United States Supreme Court set out what we believe is the applicable rule in the case at bar:
. . . we are of the opinion that, in a suit between the devisees under a will, statements made by the deceased to counsel respecting the execution of the will, or other similar document, are not privileged. While such communications might be privileged if offered by third persons to establish claims against an estate they are not written within the reason of the rule requiring their exclusion, when the contest is between the heirs or next of kin.
165 U.S. at 406, 17 S.Ct. 411 (emphasis added)
Hamilton, 67 S.W. 3d at 791-92
[5] In this case, the claims presented are against the Estate, and the issue is not concerning the validity of the deceased's will or claimants there under. In this case, no will of the deceased has been admitted to probate, indeed the record indicates that only a draft of a proposed will was prepared by the attorney. Accordingly, the rationale for the exception by the Hamilton Court that this evidence would be admitted to help establish the intent of the maker of a will has no application to the facts of this case.
The Trial Court found the draft document was not a valid will and could not be treated as one, but that it could be treated as evidence of decedent's intentions. The evidence does not establish a basis for an exception to the privilege and the Court was in error to rely on the unexecuted document to establish deceased's intent.
119 S.W. 3d, at 686.
Queener, 119 S.W.3d at 686
[6] Both Hamilton and Queener quote with approval from 81 AmJur.2d Witnesses, § 389:
Where the client is dead and the controversy arises concerning the validity of the deceased client's will, or between the claimants thereunder, no privilege exists as to communications between the testator and his attorney concerning the drafting of a will. Thus, communications by a client to the attorney who drafted his will, concerning the will and transactions leading to its execution, generally are not, after the client's death, protected as privileged communications in a suit between the testator's heirs, devisees, or other parties who claim under him, although there is authority for the proposition that the privilege protecting a client's communications to the attorney who drew his will may be invoked against the claimants adverse to the interests of the client, his estate or his successors.
Hamilton, 67 S.W. 3d at 792; Queener, 119 S.W. 3d at 685.
[7] Rule of Professional Conduct (RPC) 1.6 provides:
(a) A lawyer shall not reveal information relating to the representation of a client unless:
(1) the client gives informed consent;
(2) the disclosure is impliedly authorized in order to carry out the representation; or
(3) the disclosure is permitted by paragraph (b) or required by paragraph (c).
(b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer
reasonably believes necessary:
(1) to prevent the client or another person from committing a crime, including a crime that is reasonably certain to result in substantial injury to the financial interest or property of another, unless disclosure is prohibited or restricted by RPC 3.3;
(2) to prevent the client from committing a fraud that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the client has used or is using the lawyer's services, unless disclosure is prohibited or restricted by RPC 3.3;
(3) to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a fraud in furtherance of which the client has used the lawyer's services, unless disclosure is prohibited or restricted by RPC 3.3;
(4) to secure legal advice about the lawyer's compliance with these Rules; or
(5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client.
(c) A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes disclosure is necessary:
To prevent reasonably certain death or substantial bodily harm;
to comply with an order of a tribunal requiring disclosure, but only if ordered to do so by the tribunal after the lawyer has asserted on behalf of the client all non-frivolous claims that the information sought by the tribunal is protected against disclosure by the attorney-client privilege or other applicable law;
(3) to comply with RPC 3.3, 4.1, or other law.
[8] Comment [14b] to Rule of Professional Conduct (RPC) 1.6 provides:
[14b] A lawyer might be called as a witness to give testimony concerning a client or might be ordered to reveal information relating to the representation of a client by a court or by another tribunal or governmental entity claiming authority pursuant to other law to compel the disclosure. Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law. In the event of an adverse ruling, the lawyer must consult with the client about the possibility of appeal to the extent required by RPC 1.4. Unless review is sought, however, paragraph (c)(2) permits the lawyer to comply with the court's order.
[9] State v. Leonard, M2001-00368-CCA-R3-CD, 2002 WL 1987963, at *8 (Tenn. Crim. App. Aug. 28, 2002), provides:
…Although an issue of first impression in Tennessee, other jurisdictions have adopted the common law provision that the attorney-client privilege may be waived by the client, his guardian, or conservator, the personal representative of the deceased client, the successor, trustee, or similar representative of a corporation, association or other organization whether or not in existence (citation omitted) . . . Those jurisdictions adopting this provision however, have done so in the limited circumstances involving recovery of real property and will contests. (citation omitted).
...[b]ecause the privilege exists to protect the client, it belongs only to the client and thus may not be asserted by a third party.
[10] The Rules of Professional Conduct, ". . . are not intended to govern or affect judicial application of either the attorney-client privilege or work-product privilege. . . ." Rules of Professional Conduct, Scope [22].
[11] Rule of Professional Conduct (RPC) 1.9(c) provides:
(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter reveal information relating to the representation or use such information to the disadvantage of the former client unless (1) the former client gives informed consent, confirmed in writing, or (2) these Rules would permit or require the lawyer to do so with respect to a client, or (3) the information has become generally known.
[12] Comment [8a] to RPC 1.9 defines generally known as follows:
[8a] Whether information is generally known depends on all circumstances relevant in obtaining the information. Information contained in books or records in public libraries, public-record depositaries, such as government offices, or in publicly accessible electronic-data storage is generally known if the particular information is obtainable through publicly available indexes and similar methods of access. Information is not generally known when a person interested in knowing the information could obtain it only by means of special knowledge or substantial difficulty or expense. Special knowledge includes information about the whereabouts or identity of a person or other source from which the information can be acquired, if those facts are not themselves generally known. A lawyer may not, however, justify adverse use or disclosure of client information simply because the information has become known to third persons, if it is not otherwise generally known. Even if permitted to disclose information relating to a former client's representation, a lawyer should not do so unnecessarily.
[13] Comment [3a] to RPC 1.9 provides:
. . . The lawyer's duty of loyalty survives the termination of the former representation to the extent that it precludes the lawyer from acting to deprive the former client of the benefit of the lawyer's prior work on the former client's behalf.
[14] See also, South Carolina Ethics Op. 12-10 (2012); Philadelphia Ethics Op. 2008-10 (2008); New York State Ethics Op. 724 (1999); Rhode Island Op. 96-34 (1996); North Carolina Ethics Op. 206 (1995); Virginia Ethics Op. 1207 (1989); Mississippi Ethics Op. 119 (6/5/86).
[15] RPC 1.0(e) provides that " 'Informed consent' denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct."
[16] TCA 34-6-108 and 109(29) permit a client or former client to vest an attorney in fact with the power to reveal confidential legal information.
[17] RPC 1.6, cmt. [5] provides, "[e]xcept to the extent that the client's instructions or special circumstances limit authorization, a lawyer is impliedly authorized to make a disclosure about the client when appropriate in carrying out the representation…"
[18] New York State Bar Op. 970 (2013) (do circumstances meet the standards of implied authorization taking into account factors including deceased's wishes); Kan. Ethics Op. 01-01 (2001) (impliedly authorized to disclose information from deceased client's file to effectuate client's estate plan); Hawaii Ethics Op. 38 (1999) (disclosure is proper if necessary to effectuate client's intended estate plan).
[19] See, also; Florida Ethics Op. 10-3 (2011); Philadelphia Ethics Op. 2007-06 (2007); South Carolina Ethics Op. 05-09 (2005); District of Columbia Ethics Op. 324 (2004); Hawaii Ethics Op. 38 (1999);
[20] RPC 1.6, cmt. [12] provides, in part, "…Whether such law supersedes RPC 1.6 is a question of law beyond the scope of these Rules…If…the other law supersedes this Rule and requires disclosure, paragraph (c)(3) requires the lawyer to make such disclosure as are necessary to comply with the law.
[21] TCA 34-1-104 requires that "the letters of conservatorship shall either: (1) Recite the specific powers to be exercised by the conservator and the specific powers retained by the person with a disability; or (2)Have attached to them the order or orders of the court specifying the powers to be exercised by the conservator and the powers retained by the person with a disability." Likewise, TCA 34-1-129 requires that "the letters conservatorship or guardianship shall either: (1) Recite the specific powers removed from the minor or person with a disability and transferred to the fiduciary; or (2) Have attached to them the order or orders of the court specifying the powers removed from the minor or person with a disability and transferred to the
fiduciary…" TCA 34-2-105(3) requires that an order appointing a guardian "state any other authority or direction as the court determines is appropriate to properly care for the person and property of the minor. TCA 34-3-107(2) provides the court shall "enumerate the powers removed from the respondent and those to be vested in the conservator." The statute further specifically provides that "to the extent not specifically removed, the respondent shall retain and exercise all of the powers of a person with a disability." TCA 34-3-107(2)(F) provides that one of the powers which the court may vest in the conservator is "the power to give, receive, release, or authorize disclosure of confidential information."
[22] Depending on the differing circumstances or types of proceeding in which appointment of a GAL is deemed necessary, GALs may be appointed pursuant TCA 34-1-107, TCA 36-4-132, TCA 37-1-149 and Tenn. SCR 40 and 40A. The appointment of a GAL generally does not form an attorney-client relationship between the GAL and the ward. However, SCR 40(c)(1) provides that the GAL represents the child. If the appointment of a GAL forms an attorney-client relationship between the GAL and the ward, the Rules of Professional Conduct, including RPC 1.6 and 1.9(c), are applicable, and the disclosure of information relating the representation by the GAL would be governed as discussed herein.


text:
36 Strategies for Business, Social and Personal Success
CHAPTER 13: HIT GRASS STARTLE SNAKE
Liu Bei, picture taken from http://joomlayeh.altervista.org/blog/liu-bei/
Meaning and Philosophy
You want to find out some secrets but other people are unwilling to reveal them. So you create a situation whereby by responding to the situation the other people will reveal the secrets or the secrets can be deciphered from their response.
Historical Source
During the Period of Warring States (375-221 BCE), the King of Chu, Chu Cheng Wang, appointed his son, Shang Chen, as the crown prince. After some time he regretted, changed the appointment, and made another son as the crown prince.
Shang Chen, the former crown prince, heard the news but was uncertain whether it was true. He consulted his tutor who advised him to hold a banquet and invited Jiang Bi, the sister and confidant of the King whom ministers dared not offence. The tutor told Shang Chen to be purposefully rude to Jiang Bi.
Jiang Bi was angry and said loudly to Shang Chen, "You're good for nothing. No wonder the King backslid on appointing you as a crown prince and appointed your brother."
Using the strategy of "hitting grass to startle snake", Shang Cheng now knew the truth. He schemed a palace revolt, had the King killed, and replaced him as the next king.
Liu Bei Won a Beautiful Wife
During the Period of Three Kingdoms (220-280), Liu Bei who later became the King of Shu, tricked Sun Quan, the King of Wu, to lend him Jingzhou, or the Province of Jing. Sun Quan tried to get the province back from Liu Bei.
Zhou Yu, a famous general of Wu, had a plan. He told Sun Quan to offer his sister, Lady Sun, to Liu Bei as a wife, and when Liu Bei came to the State of Wu to get Lady Sun, they could capture Liu Bei and exchange him for Jingzhou. Sun Quan found it an effective plan.
When a messenger was sent to Liu Bei about the marriage, Liu Bei knew it was a trick to capture him. But if he refused the marriage, he would give Sun Quan, who had a much larger army, an excuse to attack him and took back Jingzhou by force. So Liu Bei consulted his strategist, Zhu Ge Liang.
Zhu Ge Liang congratulated Liu Bei and asked him to go ahead with the marriage. He asked Liu Bei to take Zhao Yun, a great warrior of the Three Kingdom Period, as the best-man, and a few hundred soldiers for celebration. Zhu Ge Liang also gave Zhao Yun a sealed message telling him what to do when they arrived at the State of Wu.
When Liu Bei and Zhao Yun met Sun Quan, who was attended by his Prime Minister, Liu Bei paid homage to the Wu King and presented a big gift to the Prime Minister telling him about the marriage with Lady Sun. Suddenly there was a lot of noises from outside.
The solders who came with Liu Bei put on dresses of red, the colour of wedding celebration, as instructed by Zhao Yun earlier as he followed the instruction of Zhu Ge Liang in the sealed message. The soldiers were celebrating the marriage.
The Prime Minister was surprised, but he went into an inner court to congratulate Sun Quan's mother.
"What? My daughter is getting married? How come I myself do not know?" The elderly lady was surprised.
"The whole capital now knows about it. People are celebrating," the Prime Minister reported.
The elderly lady summoned her son, Sun Quan, into the inner court. "What exactly is the matter?" the elderly lady demanded, "My daughter getting married and I don't know about it?"
"It's actually a trick from Zhou Yu," Sun Quan explained. "We lured Liu Bei here, capture him and exchange him for Jingzhou."
The elderly lady became angry. "You and Zhou Yu are in control of six states and eighty one provinces. You can't take back one province and have to use my daughter as a Beauty Strategy to trick Liu Bei here?"
Sun Quan had no words to say.
"I don't care," the elderly lady continued. "The whole capital now knows about the marriage. I don't want people to laugh at her as someone who cannot be married out."
"That can't be," Sun Quan protested. Liu Bei is half a hundred, and my sister is only twenty eight."
"I shall have a look at Liu Bei," the elderly lady said. "If I find him acceptable, the marriage will go on."
The elderly lady made arrangement for Liu Bei to meet her at the Fragrant Dew Temple. Although Liu Bei was almost fifty, he was stately and graceful, and the elderly lady liked him very much. So the marriage, which was meant to be a trick, went through.
Zhu Ge Liang, a famous strategist, used the strategy of "Hitting Grass to Startle Snake" to win Liu Bei a beautiful wife. The "grass" was the Prime Minister of Wu, and the "snake" was the King's mother.
Napolean and the Battle of Austerlitz
The Battle of Austerlitz in 1805, sometimes called the Battle of Three Emperors, is often regarded as the greatest victory of Napoleon. Austerlitz was a small village in the Austrian Empire, and is now a small country town called Slavkov u Brna in the Czech Republic.
Napolean had a smaller army than the combined armies of Emperor Francis II of the Austrian Empire and of Tsar Alexander 1 of the Russian Empire. The army of Frederick the Great of Prussia did not join in the battle although Prussia was in the Austrian-Russian-Prussian Alliance. More significantly, the French casualty in the battle was little compared to that of the Austrian and the Russian.
After defeat by Napolean, the Austrian army and the Russian army retreated to their countries. Frederick the Great gave Napolean an ultimate term to leave Austria which the French occupied within a month, otherwise the Prussian army would attack.
Tsar Alexander 1 of Russia and Emperor Francis II of Austria estimated that the combined armies of the Allies were much larger than the French army. But they differed in their approach of war. Tsar Alexander I was keen to attack Napolean, but Emperor Francis II was cautious.
Napolean realized that he had to defeat the combined armies of Russia and Austria before the arrival of the Prussian army. So he tricked the "snake" to come out of the "grass".
First, he sent a portion of his army to retreat. Then he sent his lieutenant to conferences with his enemies to give an impression that the French soldiers were weary of war. He himself gave an impression that his army was in disarray.
Eventually the combined armies of Austria and Russia attacked. They were routed. By one account, the French lost about 9,000 men out of an army of 73,000, but the allied armies lost about 36,000 out of 85,000! The Austrians concluded the Treaty of Pressburg. Austria lost Venice, Istria and Dalmatia to France, and had to pay a heavy war indemnity. The Russian retreated to the east, and the Alliance between Austria, Russian and Prussia collapsed.
This strategy of "Hit Grass Startle Snake" was also used during the Second World War (1939-1945) at the Battle of Midway which was crucial for the Allies eventual victory of the Second World War. Not many people, however, may know about this story.
After bombing Pearl harbour, Admiral Yamamoto led a huge Japanese naval force with the intention of destroying the American Pacific Fleet. The Japanese Fleet consisted of 8 aircraft carriers, more than 200 battleships, and more than 700 fighter planes. In May 1942 the huge Japanese Fleet was sailing across the Pacific Ocean towards the United States.
The Commander of the United States Pacific Fleet was Admiral Nimitz. He could only summon 3 aircraft carriers, 70 battleships and 200 fighter planes, which would be no match against the huge Japanese Fleet if they were to meet head on.
But the most worrying aspect was that Admiral Nimitz did not know at which part of the United States the Japanese would launch their attack. Although the Allies could successfully decipher the Japanese military code, the attack was only described by the capital letter "S". So Admiral Nimitz got all his top advisers and military officers together. But they too could not agree on where the Japanese would attack.
Admiral Nimitz was anxious and desperate. Seeing this a serving naval officer brought him a glass of water. He waved the officer away, but he hit the glass and water was split all over his uniform. The Admiral suddenly had an inspiration. He promptly gave the officer a pat on his shoulder and said, "Thank you", much to the officer's surprise.
He summoned his Chief Intelligence Officer and asked him to send out a secret message to the Commander of the United States naval base at Midway Islands.
"Say that we have received their message that they are short of drinking water. We will dispatch drinking water to them immediately."
On 4th of June 1842 Admiral Nimitz received intelligence that all the fighter planes on the Japanese Fleet left for action.
Admiral Nimitz laughed out heartily. His naval officers were surprised and asked why.
Admiral Nimitz said, "Old Yamamoto fell for our trap. He attacks our naval base at Midway Islands because he thought our base was lacking of drinking water. Now get ready for action."
The truth was that Admiral Nimitz did not receive any message from the Midway Islands, and the naval base there was not short of drinking water. It was a strategy using "Hit Grass Startle Snake" to trick the Japanese Fleet into action so that the United States forces could attack from behind.
The United States forces at the Midway Islands naval base gave a good defence, but meanwhile Admiral Nimitz sent United States fighter planes to bomb the Japanese Fleet, which was quite helpless without their own fighter planes which had left for attacking Midway Islands. Some Japanese aircraft carriers and many battleships were sunk. This victory pathed the way for the eventual Allied success in the Second World War.
Napolean, picture taken from https://www.history.com/topics/france/napoleon
Questions and Answers on the 36 Strategies -- Overview
List of Chi Kung Healers
UNPUBLISHED MANUSCRIPTS


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TomTom reports that the worst snow for 13 years caused 388 traffic jams on major roads earlier today.
TomTom's HD Traffic, a live traffic service updated every three minutes, showed 1,086 miles of traffic at 08.28 this morning on major roads, with the longest queue being 32 miles at 07.30 on the M25 (between J19 Watford and J8 Reigate).
If you are not lucky enough to be able to work from home today, then TechRadar can only advise you to take it very easy on the roads.
TomTom adds that: "On the M27 at 08.02, there were delays of 1 hour and 27 minutesbetween Junction 11 (Fareham) and the M3 interchange, making it the longest jam in terms of time waiting.
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