text:
Restaurant, bar owners split over 4 a.m. closing time
Google "sports bar in San Francisco," and Giordano Bros. on 16th Street near Valencia stands near the top of the results.
Nick Madden June 2, 2017
Google "sports bar in San Francisco," and Giordano Bros. on 16th Street near Valencia stands near the top of the results.
But when beloved sports teams fade from their big-screen TVs — as was the case on Tuesday night earlier this year, when the U.S. men's soccer team tied with Panama 1-1 in a World Cup qualifying match — customers who were standing two-deep at the bar head to the door for their next destination, well before the bar's 2 a.m. closing time.
Adam DeMezza, co-owner of Giordano Bros., falls on the early side of a debate on Sen. Scott Wiener's (D-San Francisco) SB-384, passed by the State Senate this week to give communities the option of allowing some bar and restaurant owners to stay open and serve liquor until 4 a.m. The bill must still clear the assembly and gain the governor's signature to become law.
DeMezza said even if he had the option, he would not extend his closing time to 4 a.m. — for multiple reasons:
"I wouldn't consider staying open till 4 a.m. … Even if it looks busy, I only get about 2 percent of my business between 12 a.m. and 2 a.m.."
Restaurateur Tony Gemignani, owner of Capo's and Tony's Pizza Napoletana in North Beach, told SFBay the benefits of late-night hours can already be measured from other states like Nevada where after-hours crowds have thrived for decades.
Gemignani said he fully supports a later serving time, and already has a plan he would implement, based on restaurants he owns in Nevada:
"The numbers I've seen are worth staying open later for. … Its hard for some restaurants to close so early when they do not open till late anyway."
In 2013, California Senator Mark Leno proposed a similar bill, SB-635, which Gemignani said he supported. But like the current legislation, Leno's proposal was met with mixed reviews before failing in committee by a 6-4 vote.
Via press release, Wiener acknowledged different cities and neighborhoods had different needs when it comes to nightlife:
"By granting local control to our cities to extend their late night hours, we can support areas that benefit economically and culturally from a strong nightlife presence, while ensuring that other cities and neighborhoods retain their current rules…"
Wiener's legislation calls for 4 a.m. services to be limited to areas zoned for late-night entertainment and will be left up to local control. According to the San Francisco Planning Department website, zoning regulations specify how late a business can remain open at night.
Additionally, San Francisco businesses must show transportation services are readily accessible during any additional service hours. Muni currently offers overnight "owl" service, which operates selected lines every 30 minutes or hour between 1 and 5 a.m. BART trains stop around midnight, with limited late-night transbay bus service operated by AC Transit.
Once local regulations are sorted out, and extended alcohol sale hours are approved by the California Department of Alcoholic Beverage Control, a business must then apply for an extended hours license.
John Carr, public information officer for the ABC said:
"Many licenses have a condition that they are done at a certain time. … By law anytime ABC gets an application for a license it has to be reviewed by the planning department, the police department and the Board of Supervisors."
Additionally, Carr said, each license application is unique and there may be certain communities that might not approve of a business staying open till 4 a.m.
The patrons of bars and restaurants will ultimately be the ones who – through their patronage – will determine if extended hours will work.
Casey Whiting, 22, from Novato, said he would like to have the option to stay out until 4 a.m., but that he would probably only do so a few times a month:
"I live in Novato and I think it's hit or miss if it would work here. … But for other places like San Francisco that have a lot more people it would probably do really well."
ABC Adam DeMezza Alcohol Alcoholic Beverage Control bars BART bill Board of Supervisors business Capo's Giordano Bros. Scott Wiener Tony Gemignani Tony's Pizza Napoletana
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SFBay Wires
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Drenched in sweat and dancing inside of an empty ring, Andre Ward looks ready.
C.J. Peterson
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text:
The Walker Law passed in 1920 was an early New York state law regulating boxing.  The law reestablished legal boxing in the state following the three-year ban created by the repeal of the Frawley Law.  The law instituted rules that better ensured the safety of combatants and reduced the roughness of the sport.  The law limited matches to fifteen rounds, required a physician in attendance, restricted certain aggressive acts such as head-butting, and created a regulatory commission, the New York State Athletic Commission.

The first main event conducted under this new law was the Joe Welling vs. Johnny Dundee bout.

References

External links
"Boxing Law, Rules, and Regulations" - A timeline

Boxing rules and regulations
Sports law
Boxing in New York (state)
New York (state) statutes
1920 in American law
1920 in New York (state)

redpajama_set_name: RedPajamaWikipedia


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redpajama_set_name: RedPajamaGithub


The staff at Viewforth High School push pupils to achieve their full potential. They make great efforts to get to know you as an individual and they are very approachable if you need help. Viewforth High School doesn't just push pupils, but recognises them for what they do inside and outside school with a range of award ceremonies every year.
That's why Viewforth High School is the place to be!


It was a "special night" for West Ham midfielder Declan Rice last night (Friday) as he made his England debut at Wembley.
The 20-year-old came off the bench to make his bow for the Three Lions in the 5-0 win against Czech Republic in a Euro 2020 qualifier, having recently switched his international allegiance from Republic of Ireland.
And the West Ham star said something that Hammers fans will love when he was asked what he was thinking when he stepped out on the Wembley pitch for the warm-up last night.
"I thought, 'we beat Spurs here last season'. I was here last season and I knew what the feeling would be like," he said in an interview for the West Ham club website.
"It was unbelievable! Just to step out with the England players and I knew I might get a chance to step out onto the field and show them what I can do.
"That's what I was thinking and, luckily enough, that came true."
As he alluded to, this was not his first experience of Wembley, having started in the Hammers' 3-2 win against Tottenham in the Carabao Cup last season.
He also featured in the Hammers' 1-1 draw with Spurs at Wembley in the Premier League last January, but he said it was special for him to be back at Wembley and this time, in an England shirt.
"I'm really happy. To make my debut here in front of 80,000 people, and to have my family here, my girlfriend, my brothers, it's special, and to get the victory as well, I can't really put it into words, but it is a special night," he said.
"It's been crazy. It's been really surreal to be honest. I knew I'd be coming in to a great camp, with a great manager and great players.
"Training has been good, the standards are very, very high. Coming to the game, my first time with England at Wembley, it's a special moment.
"To get out on the field for half hour, it was the icing on the cake."


text:
Trustees are protected by anti-Bartlett clauses, says Hong Kong appeal court
An important judgment by the Hong Kong Court of Final Appeal (CFA) establishes that so-called anti-Bartlett clauses in the trust deed of a Jersey family trust exempted the trustees from any liability for losses incurred in transactions by the trust's underlying investment company (Arboit, Sutton and Wise Lords Ltd v DBS, 2019 HKCFA 45; also known as Zhang and Ji v DBS Trustee).
Reversing the decisions of Hong Kong's Court of Appeal and lower courts, the CFA unanimously found that the trustees had no 'high level residual duty' to supervise the company's activities, given that the anti-Bartlett provisions relieved them from any duty to interfere with or supervise the company's conduct, unless they became aware of actual dishonesty.
The events in question took place during the 2008 financial crisis. The trust, Amsun, was settled by a Madame Ji Zhengrong, an expert in financial investment, and her husband Zhang Hong Li. They created an offshore company, Wise Lords, owned by the trust to make high-return investments during the bubble that preceded the 2008 crash. Many were high-risk foreign exchange deals, and by August 2008, Wise Lords' portfolio contained 85 per cent in foreign currency exposure, most of it in Australian dollars. Its borrowings of USD96.4 million were nearly three times its net assets.
When the crash came, Wise Lords suffered significant losses. Ji and Zhang, in their capacity as beneficiaries, together with the successor trustees and the company itself, sued the trustee, DBS Trustee HK, and the corporate director of the company for breach of trust or duty. Their claims succeeded at trial, the Court of First Instance finding that DBS Trustee HK had been in 'serious and flagrant breach' of its duties and had breached its 'high level of supervisory duty' when allowing Wise Lord to buy the high-risk products. The Hong Kong Court of Appeal agreed, despite the fact that the trust deeds contained anti-Bartlett clauses, which are commonly used to exempt the trustees from liability where the intention is to give the trust's investment company a free hand to make high-risk investments.
DBS Trustee HK (now known as IQ-EQ), appealed to the CFA, which has now overturned the lower courts' rulings. There could not, it found, be any 'high level supervisory duty', as the existence of such a duty was inconsistent with the anti-Bartlett provisions. Such a duty would require DBS Trustee to query and disapprove of the risky transactions, which would be interfering with Wise Lords' business, contrary to the terms of the trust deed. There was no actual knowledge of dishonesty that required DBS Trustee to interfere, and thus no duty arose.
The CFA similarly found that the corporate director of the investment company also had no such high-level supervisory duty and was not in breach of its fiduciary duties. While the transactions were indeed speculative and risky, the trust deed specifically allowed the taking of such risks, so the trustees would still be protected by liability exemption clauses for any acts and omissions short of gross negligence.
Although the final appeal was settled before judgment was delivered, the CFA's ruling indicates that no liability would have attached to the trustee given the presence of a strong anti-Bartlett provision, which would have been infringed if the trustee had attempted to interfere in the decision-making at company level.
Speaking to STEP shortly after the judgment was handed down, Shân Warnock-Smith QC TEP of 5 Stone Buildings in London and International Chancery and Trusts Chambers in Cayman, who led the successful appeal on behalf of the trustee and the corporate director of the underlying investment company, commented:
'In its clear and definite unanimous judgment, the CFA rejected the notion that a trustee is under a high-level or residual duty … to supervise or interfere in the affairs of an underlying company where the trust expressly disapplies any duty to do so'.The case has been the cause of considerable discussion in the private wealth and trusts world. As it was heard in the Hong Kong courts, and as the governing law of the trust was Jersey law, the principles of the judgment may be applicable in most of the major common-law trust jurisdictions.
'The case is likely to have wide impact internationally as the first (final) appellate level case anywhere to examine the detailed workings and effect of commonly-used anti-Bartlett clauses', Warnock-Smith noted.
Warnock-Smith also highlighted some useful guidance provided by the CFA on the correct approach to equitable compensation in a breach of trust claim where the alleged breach is based on a failure of skill and care: 'In such a case the Court considered that the remedy resembles common-law damages, applying the common-law rules of causation, remoteness of damage and measure of damages by analogy. The burden is on the complainant to prove his case on those aspects and not on the trustee to disprove it. This contrasts, both in principle and application, with cases in which the trustee wrongly parts with the trust fund itself. There the appropriate remedy is reconstitution of the missing trust fund rather than damages.'
SOURCE: www.step.org

redpajama_set_name: RedPajamaCommonCrawl


PKF Francis Clark has appointed two new tax directors at their Poole office in the UK. Lisa Whitbread becomes Corporate Tax Director and Victoria Christopher becomes Private Client Tax Director.
Lisa Whitbread has been a senior tax manager in the corporate tax team and specialises in a variety of corporate tax matters.
Victoria Christopher has been a senior tax manager in the private client team and specialises in private client tax.


Clinical trial projects can last the better part of a decade-and financial planning in the pharmaceutical industry needs to account for both trial lifetimes and annual fiscal budgets. For the finance team of a Top 15 global pharmaceutical company, they not only needed a better way to access and consolidate their data globally, but also provide senior leadership with visibility into valuable, real-time insights and investment opportunities.
As a global company, the Senior Director of Finance, Budget, and Control for Medical and Development sought out a tool that could help them consolidate financial and resource data more efficiently and provide a comprehensive view of planning to company executives. The search led them to Anaplan-a flexible platform that allowed them to roll out global planning models.
After implementing the Anaplan platform, the company reduced the financial planning cycle in its largest unit by a full month. The platform provided visibility to all levels of the organization improving transparency and collaboration. By replacing its manual reporting and consolidation processes with the Anaplan platform, its analysts now have more time to focus on clinical and resource analysis, interventions, and investment decisions to get products in the market more quickly.
In the global pharmaceutical market, competition is aggressive. As competitive advantages become progressively sparse, global operations need to be agile and manage change effectively and quickly. For the finance team at this pharmaceutical company, the Anaplan platform has provided them with the flexibility, real-time insight, and analytical capabilities to achieve continued success amidst increasing competition.
David Naccarato, the Senior Director of Finance, Budget, and Control for Medical and Development at Top 15 Global Pharmaceutical Company describes how Anaplan is used across the company for planning and consolidation.
We implemented Anaplan to globalize our finance across to Europe, the U.S., and Japan. The pharma industry has a couple of unique characteristics relative to most other industries. We are doing clinical trial projects that can last upward of 10 years, and so we have to budget both the lifetime of the clinical trial as well as our annual fiscal budget.
The corporation cares a lot about how much we spend per year, and the project team that's executing the clinical trial cares about what we spend on a lifetime basis for that trial. Ninety percent of clinical trials fail before they get to market so it presents some challenges; from a corporate standpoint, we are using statistics to say that this is how much we think the portfolio is going to cost.
We use Anaplan in a couple of different ways. Right now, we use it as a consolidation tool since we have a lot of global systems. Each local region has their favorite tool. We are the first global group for our company, so we have a different perspective on where we need to pull all that information together-we need to make it visible to our senior executives, and those local regional tools are really expensive to implement across such a large span.
Anaplan is flexible and allows us really to grow over time. We started out using it as a consolidator, and now we have rolled out different planning modules, so we can globally plan. Our executives can now see all of that information instantaneously. It used to take four months to pull everything together, and by the time they got the data, it was really outdated, and it wasn't much use to them.
The next real evolution of what we are doing with Anaplan is to start using it as a data warehouse, a data integrator where we are pulling off our operational financial data, resource data, and making a complete picture of what our resources are for the company, with the goal of really making better investment decisions with our money and our resources. What adds a lot of value to the company is when we can go in and say, you know what, this study, this project is behind schedule. And if we make a $20 million investment, does that then help us beat the competition and get to market quicker, and therefore get the patients get better faster? And will the company make more money because they are in the first number position?
We also started to look at building out Anaplan not as a consolidation tool, but as a real global planning tool, and so that allowed us to look at what we needed to see and to be able to provide the information for all levels of the business to make the right decisions about resource allocation, about investment decisions, where they were going to spend the money, those kinds of things.
The benefits have been really marked. I mean they are really obvious. In our biggest unit, we have cut a month out of our planning cycle. The other piece is that the individual analysts on our finance team spend a lot of time pulling together reports and those kinds of things, and by replacing them with Anaplan, we increase both the level of accuracy and validation, as well as make them more useful because they are not doing close-consolidation reporting. They are able to do analysis and interventions and make those investment decisions that we are asking to partner with the business.
The visibility to be able to look parallel across the whole portfolio has been really incredible. What Anaplan has actually allowed is instantaneous feedback and visibility by all levels. When they were demonstrating some of the predictive analytics, we wanted to take a look at "what if we make the assumption at these two paths-what is the Monte Carlo Simulation to say okay, what's the chance that we are going to end at what place?" Using that information from predictive analytics, it really helped us to be able to make the argument that the company had really some additional investment that was likely to be made. So, when you talk about Anaplan on predictive analytics and giving the power of being able to forecast and being able to do scenarios, that really resonates with our team because that's where we are trying to go.
There is a huge difference when you are trying to compete locally-you have some local competitive advantages. But on a global stage, those competitive advantages are eroding and we are trying to compete with all of big pharma and we have to be faster than them, or agile, be able to manage that change-and from an investment decision standpoint, that's what Anaplan allows us to do.
"In our biggest unit, we have cut a month out of our planning cycle."
"What Anaplan has allowed is instantaneous feedback and visibility by all levels."


For us, every new project presents an opportunity to create something amazing. Below is just a glimpse into the numerous high-quality products we produce on a daily basis at B&B Print Source.
We also have an abundant library of samples on premises. Stop by our sample room to see our collection—or just ask, and we'll happily mail copies directly to you.
Contact us about getting samples.
Use Adobe Illustrator or another vector based program (Adobe InDesign, QuarkXpress, Macromedia Freehand) to get crisp lines on your line art printing. Do not use Adobe Photoshop for your text. Edit photos or add special effects to your printing design in Adobe Photoshop, then place the artwork into your vector-based application to add the text. This technique will produce crisp graphics on your finished printing project without the fuzz.
Use the following CMYK values for black (do not use for text smaller than 48pt). Cyan – 40%, Magenta – 40%, Yellow – 20%, Black – 100%. For text from 48pt down to 18pt bold, a good guideline is: Cyan – 30%, Black – 100%. Text weights less than 18pt bold should be black only. This technique will give you a deep black where you have heavy black ink coverage. Please call if you have questions.
We cut down printing projects in large stacks. There might be a slight shift toward the bottom of the stack. If the stack shifts just a hair, graphics that run to the edge can get cut off. A safe rule of thumb is to allow 3/16″ margin from edge.
Have your photos in CMYK color mode at 300dpi resolution. This will give you the best quality image on your final printed materials.
In Adobe Illustrator or InDesign, 1) select all and 2) create outlines of your fonts 3) then save with a different name such as printing_ol.eps or printing_ol.indd. Do not save over your editable version or you will not be able to make edits in the future.
Microsoft applications are easy to use for printing on your desktop printer, but for commercial printers, Microsoft apps create problems. Yes, we can print from them, but problems may arise to slow down production. Microsoft apps substitute fonts without letting you know, so objects may shift without your knowledge. Also, your resolution might not be high enough for best quality color printing.
Use Adobe Illustrator, create outlines for your fonts, and save your file as an EPS file type. You can compress your file with WinZip (PC) or StuffIt (Mac). This design technique allows us to easily place your final design into a layout program such as InDesign or QuarkXpress to fit our large press sheets to maximize efficiency and lower your printing prices. Great for business cards, flyers, postcards, and brochure printing.
Before submitting a file for printing production, take time to print and review on your desktop printer. If you encounter postscript errors or image shifting, we will most likely encounter those same problems. For a quick turnaround time, make sure your files are accurate before submitting for final printing.
Convert all RGB images to CMYK color mode to ensure the best color on your final printing pieces. Our equipment does this for you, but you will get better results if you do this in Adobe Photoshop before submitting to us.
Your screen uses lights to view a color. All monitors are calibrated differently. What you see is not what you will get. Your inkjet or laser printer uses different types of inks or toners than commercial printing presses. Generally, the color from your inkjet or laser printer will not match exactly to our printing press. Use pantone PMS values for best results.


text:
Justia › US Law › Case Law › Louisiana Case Law › Louisiana Supreme Court Decisions › 1950 › State v. Smith
State v. Smith
45 So. 2d 617 (1950)
216 La. 1041
STATE v. SMITH.
Supreme Court of Louisiana.
Richard B. Williams, John Makar, Patrick C. Murphy, G. F. Thomas, Jr., Julian E. Bailes, Natchitoches, for defendant-appellant.
Bolivar E. Kemp, Jr., Attorney General, M. E. Culligan, Ass't Attorney General, H. L. Hughes, District Attorney, Natchitoches, for appellee.
PONDER, Justice.
The defendant was indicted, tried and convicted for the crime of murder and sentenced to be electrocuted. He has appealed from the conviction and sentence.
*618 From our examination of the fifty-two bills of exceptions presented on this appeal, we find that many of them are without merit. However, some of them have given us grave concern.
Bill of exception No. 6 was taken to the statement of the district attorney made while a juror was being examined, after three jurors had already been selected, viz: that the defendant is not entitled to extenuating circumstances. Counsel objected to the statement at the time it was made and moved for a mistrial and a discharge of the jurors. The court overruled the objection.
Bill of exception No. 7 was taken to a question propounded by the district attorney to a prospective juror after six jurors had been selected, viz: "You would not inflict capital punishment, even if he raped your own daughter?" Counsel objected and moved for a mistrial and the discharge of the jurors. This objection was overruled.
Bill of exception No. 8 was taken to a question propounded by the district attorney to a prospective juror, after nine jurors had been selected, to determine whether the juror had conscientious scruples against capital punishment, "even in the case of rape." Counsel objected to this question and moved for a mistrial and the discharge of the jurors. This objection was overruled.
The trial judge in his per curiam states that the State had difficulty in obtaining sufficient jurors because so many had disqualified themselves by reason of their conscientious scruples against capital punishment and it was more or less under these exasperating circumstances that the remarks of the district attorney were excepted to by counsel for the defense. The trial judge states that it was his opinion at the time and now that the remarks were not prejudicial.
The remark of the district attorney that the accused was not entitled to the benefit of extenuating circumstances was improper and prejudicial to the defendant. The objection should have been sustained and the jury instructed to disregard the remark because the jury alone has the right to determine whether or not there are extenuating circumstances and the effect to be given them. They might differ as to the kind or character of circumstances which would entitle a defendant to a qualified verdict. State v. Henry, 197 La. 999, 3 So. 2d 104.
Counsel contends that the questions propounded by the district attorney to the prospective jurors were prejudicial to the defendant, who was being tried for murder, because they left the impression that the defendant was guilty of a sex crime and should not be released upon the public.
The defendant was twenty years old and single at the time the crime was committed. It appears that the deceased was a married woman and several years older than the defendant. We gather from the opening statement of the district attorney and the written confessions embodied in the record that the defendant and the deceased had been having improper relations in the past and that they went a mile and a half below town to a thickly wooded section for such purpose. It was while they were at this place that the accused killed the deceased by cutting her throat. According to the written confessions, the defendant did not know why he killed her, but he made statements to Deputy Sheriff Black that he was paying attention to a cousin of the deceased and had previously asked the brother of the deceased to make her quit running after him because she was going to get him in trouble. He stated that her husband had already shot, or shot at, some man about her and that he wanted her to stop running after him because it was interfering with his attentions to her cousin. It does not appear there was any evidence produced or even contention made that the defendant raped the deceased.
The questions propounded to the jurors were improper because they were not pertinent to determine the qualification of a juror to serve on a trial for murder. Article 357 of the Code of Criminal Procedure. Moreover, hypothetical questions and questions of law are not permitted in the examination *619 of jurors which call for a prejudgment of any supposed case on the facts. 50 C.J.S., Juries, § 275, p. 1042; State v. Henry, 197 La. 999, 3 So. 2d 104; State v. Thornhill, 188 La. 762, 178 So. 343. See also 31 Am.Juris., page 670, para. 154; State v. Plummer, 153 La. 730, 96 So. 548 and State v. Scott, 198 La. 162, 3 So. 2d 545.
The authority cited by the State, wherein the juror was permitted to state whether or not he opposed capital punishment in a "case of cold blooded murder", is not in point because the question was propounded to ascertain the qualification of the juror in the trial of a murder case and the examination was limited to that purpose.
These bills of exceptions are primarily levelled at the effect that the statements had on the jurors already selected. We cannot agree with the trial judge that the statements and questions propounded to the jurors were not prejudicial. His refusal to sustain the objections and his failure to instruct the jurors to disregard the statement and questions propounded was prejudicial to the defendant in his trial.
Bill of exception No. 5 is levelled at the ruling of the trial court refusing to place Deputy Sheriff Black under the rule when a severance of witnesses had been granted. Counsel concedes that the trial judge has a discretion in excusing deputies from the rule but contends that the sheriff had four other deputies available who had been placed under the rule. He contends that the court abused its discretion by permitting Black to remain in the court room because he was the principal officer who testified to both confessions, the reaction of the defendant while in jail, and as to the motive expressed by the defendant for the crime, and made statements regarding the sanity of the accused, and endeavored on his own volition to fill in the gaps left by the other witnesses for the State. He cites Article 371, Code of Criminal Procedure and State v. Carter, 206 La. 181, 19 So. 2d 41.
The trial judge in his per curiam states that Black was the oldest and most experienced deputy and useful in the court room in helping with the essential mechanics of the trial and maintaining order because curious crowds had jammed the major portion of the court room.
The trial court is vested with discretion as to what officers may be excused from the rule, and it is only when this discretion is arbitrarily and unreasonably exercised to the prejudicial injury of the defendant in obtaining a fair and impartial trial that this court would be warranted in setting aside a verdict. The essence of the Carter case was whether or not the accused shot the deputies without provocation or in self defense. The refusal of the trial judge to place these three witnesses under the rule and permitting them to remain in the court room, for all practical purposes, deprived the accused of the right to cross-examine them. The trial judge did not cite any reason for his refusal to place them under the rule but took the position that the law granted him the discretion to do so. In the present case the trial judge states that Black was necessary to maintain order in court. It does not appear that Black had any personal interest in the outcome of the case or had received injury at the hands of the accused. Under the circumstances, we cannot say that the trial judge abused his discretion in excusing this officer from the rule.
The exception to the overruling of the motion for a new trial has given us some concern.
It is alleged in the motion for a new trial that the district attorney in his final address to the jury stated: "Of course you can sentence the defendant to life imprisonment (at which time the district attorney shrugged his shoulders in a gesture of disgust said further) but you all know what life imprisonment in Louisiana meansit means that he (pointing to the defendant) would go down to the `pen' for a while and be out in eight or ten years and be back up here." "If I let a leopard loose on the streets of Natchitoches, and it kills someone, who is to blamethe leopard or I?" It is alleged that this remark was taken word for word from an article in an issue of the Saturday Evening Post entitled "What Can We Do about Sex Crimes" which was displayed on the table of the *620 district attorney in such a manner that the jury could not avoid being aware of the article and its title. It is further alleged that the attorneys for the State used this article in questioning the witnesses and that this conduct on their part, where the question of a sex crime was not at issue, was a deliberate attempt upon the part of the attorneys for the State to appeal to the prejudices and sympathies of the jury.
The trial judge in his per curiam states, without commenting on the truth of the allegations, that no objection was made nor bill reserved to the alleged conduct and statements at the time they were made and that they cannot serve as a basis for a new trial. State v. Willson, 215 La. 507, 41 So. 2d 69.
If the allegations were true and the objections timely made this undoubtedly would have constituted reversible error. However, under the holding in the Willson case we cannot consider the alleged conduct and the alleged statements of the district attorney because they were not timely objected to.
It is alleged in the motion for a new trial that the rights of the accused were materially affected and prejudiced by the court's permitting spectators to gather around and crowd against defense in such numbers and under such conditions as to actually hide the defendant from the witnesses in the witness stand and making it necessary for the witnesses to stand in order to see or identify the accused; that these spectators had overcrowded the court to the extent that the aisles, doors and passage ways were fully occupied and that the only available space was a small area between the counsel table and the jury box. It is alleged that some of the spectators were standing on seats, boxes and in the windows and were causing considerable disturbance from time to time; that the judge never closed the court room doors; that people were gathered in the doorway and hall adjoining the jury box and had to be quieted down by the judge on several occasions; that the spectators crowded around the defense to the extent that free movement and consultation on the part of the defense was prevented.
We find photographs in the record showing the defendant and jury were surrounded by spectators. People were back of the judge's seat, on both sides of the jury, and all around counsel. The photographs show a complete congestion of people inside the rail.
The trial judge states in his per curiam that the court room was crowded but it was a curious and not a hostile crowd. He states that the attached picture was made while the court was thanking the jury for their three-day service and that the crowd in the door, around the witness stand and between the judge and jury had drifted in during the deliberation of the jury. He states that the man sitting with his back to the jury box wasn't there during the trial and that the witnesses were not out of the sight of the accused or he of them. He states that no objection was made to the conditions under which the trial was held and that it is too late to urge it now.
Counsel for the defendant relies on the holding in the case of State v. Henry, 196 La. 217, 198 So. 910. In the Henry case timely objection was made to the overcrowded condition of the court room during the course of the trial. Since we have arrived at the conclusion that a new trial will have to be granted because of the prejudicial errors reflected in bills of exceptions Nos. 6, 7 and 8, it is not necessary for us to determine whether the question of the crowded court room could be timely raised in a motion for a new trial. We have recited these allegations in the motion for a new trial in order to point out that such conditions should not be permitted. We express no opinion as to whether it is the duty of the court itself to see that these conditions do not exist irrespective of timely objection.
It appears from the allegations in the motion for a new trial and the testimony taken thereon that the jury was housed on the two nights during the trial at a fishing camp on Black Lake, owned by one of the jurors, located eighteen miles *621 from the court house. On the first night the nine jurors selected were carried by bus some twenty-five miles by road to the camp. Two deputy sheriffs were in charge of the jurors and the bus was operated by a person who was not an officer or in any way connected with the trial. There seem to have been several buildings at this camp but from the evidence of the two officers it appears that no one came in contact with the jurors and they were housed in one of the buildings in this camp in four or five rooms opening into a common hallway. On the second night the twelve jurors were carried by bus to the camp and one juror and a deputy separated from the others and went some seventy yards to the lake and fished for a few minutes until the other deputy called the juror back. It seems that the other jurors at that time were shaving and bathing their faces at a place near the camp building.
From the per curiam of the trial judge, it seems that the sheriff informed him on the first day of the trial that accommodations could not be obtained in the hotel for the jury except separate rooms. He was of the opinion that it would be better under the circumstances to house the jury at one of the camps on Black Lake.
In view of our previous conclusions, it is not necessary to pass on this question. However, in cases where the extreme penalty of the law can be imposed, every precaution should be taken to prevent any access to the jury and a jury should not be allowed to separate.
No purpose could be gained by a discussion of the other bills of exceptions.
For the reasons assigned, the conviction and sentence are set aside and the case is remanded to the district court for a new trial.
HAWTHORNE, J., dissents.
HAWTHORNE, Justice.
I respectfully dissent from the ruling on bills numbered 6, 7, and 8, because I do not think that the authorities cited in the majority opinion are pertinent or controlling. In none of the cases cited was the ruling of the court based on the fact that an improper question was asked in the presence of jurors already selected. In the principal case relied upon, State v. Henry, 197 La. 999, 3 So. 2d 104, the trial judge refused to sustain objections to improper questions, all peremptory challenges were exhausted, and the defense was compelled to accept jurors who stated that, if they were convinced from the evidence that the accused was guilty and if in their opinion there were no mitigating circumstances, they would render a verdict carrying with it the death penalty.
As I understand the record in the instant case, none of the prospective jurors to whom the questions were propounded was challenged for cause by the defense, none of them served on the jury, and the defense did not exhaust its peremptory challenges. Conceding that the question was improper examination of a prospective juror on his voir dire, I fail to understand how the defense was prejudiced under the above facts and circumstances.
I respectfully dissent.
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"Better Paris than Krasnokamensk," Sergei Guriev tweeted shortly before departing from Moscow for Paris, where his wife Ekaterina Zhuravskaya, is a professor at the Paris School of Economics, Krasnokamensk being a notorious prison camp. He is officially visiting at Sciences Po temporarily, but most think he has left Moscow for good, resigning from his position as Rector of the New Economic School (NES, although "Russki Ekonomicheski Shkola" in Russian ("Russian Economic School"), and known there as "RESH" rather than "NES," sort of like how Russian food stores in the US have titles in English such as "International Food Market," while the sign in Russian says, "Russki Magazin," ("Russian store")), even though officials at NES (RESH) say that he is only on leave or on vacation, or whatever. He has also reportedly resigned from a board overseeing Russia's largest bank, the still partly state-owned and trusted by the grandmothers to hold their money, Sberbank.
This sudden departure must be viewed as very significant. The 41-year old Guriev, a Chechen who made it to and in Moscow from the sticks, has played a unique role in Moscow in recent years, both advising former President and now Prime Minister Medvedev, while also maintaining links with dissidents such as Andrei Navalny and coauthoring a report criticizing the second round of jailing of oil baron, Mikhail Khodorkovsky, and also serving as the leading link between western economists such as Andrei Shleifer and the rising economists in Moscow, such as those at NES (RESH) and its rival, the Higher Economic School (VWISH), both of them started since the end of the Soviet Union. The simplest explanation is that he may simply have been trying to be too many things to too many people and sides, but one of them would not put up with it any longer.
That side would be President Putin and those around him. He was known to be unhappy about Guriev's support of Khodordovsky. However, the reported investigation that was closing in on Guriev and was most likely to result in his arrest involved his relationship with Navalny, now imprisoned, who has been viewed as the main leader of the anti-Putin demonstrations of recent years that have combined aspects of the Occupy movements of the West with more traditional Russian dissident movements, such as gathering at the statue of Pushkin at the intersection of the Garden Ring road and Tverskaya street (formerly Gorky street) before setting off for wherever they would eventually end up to occupy before enduring breaking up and arrests by the police. Navalny is in jail because of what his supporters say are trumped up charges involving advice he gave a regional leader about certain economic deals. Supposedly Guriev sent money to Navalny, although that would not seem in and of itself to be a criminal offense, but perhaps the authorities will try to link Guriev to whatever it is that Navalny has been jailed for. As it is, Russian blogs supporting Putin have been denouncing Guriev and claiming that he is corrupt and involved with many businesses (the latter is true, but essentially no evidence of the former has been put forward).
However, it may well be that his worst crime has been serving as a top adviser to Medvedev, whom Putin used to need but apparently now views as a rival and a nuisance to be put in his place. No better way to do that than to bust his top advisers.
It is far from clear what will follow from this. Certainly a message has been sent. If you want to advise the government or be involved in local politics, then just as with NGOs you had better not be involved with the political opposition to Putin and you had better not have too many foreign links. Liberalizing think tanks and academic outfits like NES(RESH) and VWISH may be allowed to more or less do their things, mostly research and training people for Master's degrees in economics to go to the West to earn PhDs who have strong undergraduate credentials in math or physics, much like Guriev himself, who came out of such institutes in Vladikavkaz and Kiev to eventually get a PhD in applied math before getting an econ PhD at MIT prior to becoming Rector of NES in 2004. People at these places will have to keep their heads down if they want to stay in business.
One can argue about whether the kind of economics that is being taught at NES and VWISH is what Russia really needs or not. However, the existing institutions left over from the Soviet era such as Moscow State University or the Central Institute of Mathematical Economics (TsEMI) are either stuck in a leftover swamp of the Soviet era with little of use to say or are highly mathematical and theoretical, if at a high level, such as TsEMI, out of which the NES was formed with the two sharing the same building on Nakhimovsky street in southern Moscow. TsEMI has such acclaimed figures as Econometric Society Fellow Victor Polterovich, but he and his colleagues tend to be far removed from policy discussions. Thus it is not surprising that they would support the founding of NES, even if the latter may have gotten into hot water for it, or at least particularly its very active Rector.
In any case, whatever one thinks of Guriev's views on economics, he has been a critic of arbitrary power and corruption and a supporter of democratic opposition to this entrenchment and re-entrenchment of such power. His sudden departure cannot be viewed as anything other than a very unfortunate sign of what is going on in Russia both politically and intellectually.
1. Navalny is not in jail, he is on trial for creating a phony intermediary between a state company and its customers by abusing his status of the region governor adviser.
2. Guriev is accused of taking money from Khodorkovsky fund while writing his "friends of the court" evaluation of the case.
1. Relationship with people like Lawrence Summers protégé does not represent anything positive; moreover they suggest that Guriev might have been a member of Russian "fifth column" -- neoclassical economists who tried to sell Russia to the the west and get some change for their services. Is so, escape to West is a typical development. He is not the first, London is full of such people.
2. Late Boris Berezovsky managed to get to the level of Correspondent member of the Russian Academy of Sciences. That does not make him less criminal, then he was.
1. Thank you for the correction on Navalny. Indeed, he is merely on trial, although given the current character of the Russian court system, there is no doubt the outcome of this trumped charge and polotical trial. Very few accept your characterization of the case that he "abused" his status. Even if he did create a "phony" intermediary, it is well known that many do such things but only those who oppose Putin get arrested for them.
2. I have seen no independent confirmation of even the charge about Guriev taking funds from Khodorkovsky. Reports I have seen say that the Navalny case is what they are trying to get him on, but then, as no charges have been filed, who knows what he is being charged with. However, this sort of drivel would be the sort that sycophantic Putin worshippers would try to spread. As it is, even if Khodorkovsky deserved his first sentence, this second one is a complete travesty that Guriev showed courage being willing to contest publicly. You simply show yourself to be a pathetic propagandist with this garbage.
1+, On the matter of Shleifer and Guriev's advocacy of pretty straight neoclassical economics, you have more sympathy from me, and I hinted as much in my post, and I expected somebody to bring up Shleifer, whose worst crime is not being an associate of Summers, it was the attemtped coverup by Summers of his favoritism towards Shleifer after Harvard had to settle with the US government for $22 million that brought Summers down from his presidency. Shleifer is of course of Russian origins, and it was his involvement with a misuse of US AID funds in Russia in the 90s that got him in trouble.
As it is, the closer link between Shleifer and Guriev is through the wife of the latter, who was a student of Shleifer's at Harvard. I am not at all a personal fan of Shleifer's, but he happens to be the most cited living economist and very original and inventive, despite his clouded personal history. Those who study with him tend to become excellent economists, and it is to Guriev's credit that he has hired some to be on the faculty at RESH.
Regarding Guriev's neoclassicism, most of his research is not on macro, where I would prefer to see a less neoclassical apparoach, but on micro, contract theory, industrial organization, corporate governance, and some other areas, with much of his research relevant to trying to overcoming corruption in the corporate state sort of regime that currently is running Russia. Pretty much all of the top businessmen are corrupt lawbreakers, but the only ones who got prosecuted are those who question Putin. You are just a mouthpiece for this sort of propaganda, and the idea that Guriev is some sort of front man for westerneers buying up Russia is just the sort of sick garbage being peddled by the gangster Slivovki who run Russia now and that so many fools and stooges like yourself are trying to sell to others. Sorry, kievite, nobody outside of Putin's gangs are bugin any of this.
As for Berezovsky, more trumped up political charges against a man now dead (how many have Putin had killed, please?). He is no more criminal than Putin himself, indeed much less so than Putin, who is a disgusting murderer and liar. You should be ashamed of yourself for spouting such garbage lies and propaganda, kieviet. Go back and shoot some anti-Putin decmonstraters in the street, you worthless scum.
I should probably comment that I became incensed at seeing this sort of crap comment here, although I suppose I should not be surprised. Those who know me well know that my wife is Russian and that she suffered under the old Soviet regime, whose conduct the current Putin regime seems to be imitating. I had no use for lying mouthpieces of the regime then, and I have none now, with this "kievite" coming across as exactly the sort of thuggish individual that both my wife and I had to deal with back then (she was arrested and tortured).
I should also confess that I know Guriev personally and I published a paper by him in JEBO when I edited it. I have a lot of respect for him personally and professionally, and I have yet to see anybody provide any real evidence of any corruption on his part. This is just Puting trying to silence his critics and consolidate his increaaingly unpopular power in Russia, supported by propagandists like kievite in whatever line he puts out to justify his actions.
Big deal. My wife is Russian also, as is all of my family living in my home except for me (more or less; our daughter was born here, but speaks fluent Russian and English at the six-year-old level). My wife and family are extremely proud of their country, and although I am sure they prefer living here, they are as upset by criticism of Russia as I would be of criticism about Canada heard abroad.
Therefore I have as much right to condemn expatriate Russian pseudo-liberal meddlers like the toad Berezovsky as you have to praise them. He was called a liar in so many words by an experienced British trial judge who had plenty of opportunity to review his testimony, and there is no reason to believe he had even a nodding acquaintance with the truth.
I most certainly did not praise Berezovsky. I simply said that the proof that he was a "criminal" as "kievite" (a Ukrainian, really?), claimed. My view on him is that most of the Oligarchs were/are technically criminals, but only those criticizing Putin get prosecuted or assassinated. Do you support all the assassinations of journalists on the streets of Moscow who have criticized Putin? Get real.
If you, or anybody else trying to justify the unjustifiable under the Putin regime wants to engage in a serious discussion of economics, I am open. Both in my post and my reply to "kievite," I made clear that I do not agree fully with economic views of Guriev. But, so far, the comments I have gotten from the likes of you remind me of old KGB thugs in black leather jackets who used to brag to me about listening to my phone calls in the US while torturing my wife. You, m., need to prove that you are above that sort of disgusting garbage, since the regime you are defending shoots its critics in the streets. Get real, govno.
(1) Guriev is Ossetian, not Chechen - at least according to the Russian Wikipedia page on him.
(2) "kievite" is a Ukrainian. Being an online acquaintance of his is how I came to this blog post.
(3) You may, of course, think of Putin whatever you wish to - I couldn't care less. (Though ad homing and banning dissenting commentators who come here probably isn't going to do much for your credibility).
While Guriev has been outspoken on economic issues and warned that the current policies will lead to economic stagnation, he is usually a lot more circumspect when it comes to politics. He was again on Friday when asked who was to blame for the attack.
"I have no complaints about either Vladimir Putin or Dmitry Medvedev. I heard them say that nothing is threatening me and that they will not interfere in the work of the investigative committee. I respect such an approach and believe that it is wrong to ask the president of the country to interfere on each occasion," Guriyev told the Ekho Moskvy radio station.
You can make of that what you will.
First, and for the record, I do not ban or censor anybody and never have. Where did you get such a silly idea from anyway?
Thank you for assuring me that kievite really is a Ukrainian, although he is clearly a fairly pro-Putin one.
I am not going to apologize for blowing up, although I did. I have some personal history and knowledge of these matters that I alluded to and it is unpleasantly extensive. I know a lot more about unpleasant conduct by people in Moscow than I am going to talk about here, only to repeat that a lot of what has been going on (and, no, clearly Guriev has not been gunned down in a street or poisoned or... at least not yet) resembles those bad old days. Kievite's apparent attempt to defend this set me off.
I have seen Guriev quoted as saying he has no specific fight with Putin. That Putin is now making friendly noises also makes sense, and indeed because this has become internationally embarrassing and a threat to Russian economic growth. However, anyone who thinks that those behind this are acting on the presumption that Putin was for it are almost certainly correct. It may be that Putin wishes now to scale it back, given all the negative international publicity, not to mention that Guriev has much support among many influential people in Moscow, as indicated by his being reelected with the largest vote of any candidate to the Sberbank board, even though he attempted to withdrew his nomination. They would not let him.
Oh, and I cannot let this go by without sneering at the New York Times for spelling "Sberbank" as "Sherbank" in their latest article on all this, :-).
Just saw a post on Facebook of an interview between Guriev and Mikhail Fishman (I am an FB friend of Sergei's).
He said that when the NES (RESH) board tried to find out why he was being investigated, they received no adequate replies. Apparently the investigation is now "sealed." This means Guriev could be arrested and held indefinitely in solitary without being formally charged while the investigation proceeds.
It appears to be linked to the second Yukos trial (see claims by kievite). He notes that several expert witnesses in that case besides himself are now dead.
The investigator seizing his records told him that he was in better shape than "Academician Sakharov, at least for now."
He was detained for an hour while they messed with his passport on leaving.
He appealed to Medvedev, who told him all was OK, but Putin's line is that he "cannot stand in the way of the investigation," a well-known formulation meaning that he could be arrested and thrown into solitary. He is not going to return (at least not anytime soon) because of the "security situation."
Why has austerity led to disaster in Greece?
Money or Power, or cheap Energy?
Is the Stock Market Undervalued?
Is The Kyoto Protocol Dead?
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Blowing In The Wind: Is Global Warming Over?
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text:
Der Brechtopf (auch Abscherplatte) ist eine mechanische Überlastsicherung, die bei Überschreiten einer definierten Kraft bricht und so vor Schäden an Maschine und Werkstück bewahrt. Das Wirkprinzip entspricht damit dem einer Sollbruchstelle.

Das Bauteil besteht aus einer inneren Platte und einem äußeren, axial abgesetzten Ring. Unter Krafteinwirkung ergibt sich eine Scherspannung. Die Platte wird bei Überschreiten der zulässigen Scherspannung vom äußeren Ring axial abgeschert und in den Ring gepresst. Das wird beispielsweise bei Spindelpressen im Stößelgelenk unter der Kugelpfanne eingesetzt.

Maschinenelement
Qualitätsmanagement (Maschinenbau)


The European Medicines Agency is running a survey into patients' and healthcare professionals' views on how adverse drug reactions are reported.
The survey, closing on 9th October, aims to collect information to understand what patients and healthcare professionals think of the need to report adverse side effects. The European Medicines Agency will analyse the findings and compile a report for the European Commission.
You can find and take the survey here.


Up, up and away! Just kidding, not that kind of cape. Staying warm this winter is hard enough as it is, but looking stylish as well? Forget it. Luckily, this winter cape from Topshop made the holiday wish list because it's a neutral color that will go with mostly everything. Plus, for those days that you are just not in the mood, this will dress up any black leggings and knee high boots look.
As I mentioned, when it's freezing outside, some days you are just not having it. For those days that you oversleep and don't have time to do your hair, this works perfectly. Just need to run out for a quick errand? A cute, slouchy beanie covers up undone hair and keeps you warm at the same time. Done and done.
I'd love to not have to pick between my headphones on my morning train commute or my earmuffs. Thankfully, Ugg makes shearling lined headphones that are ideal for a winter morning commute. Now you can keep your ears happy in more ways that one – and not mess up your beautiful locks.
As someone who is constantly on the hunt for the perfect bootie, this is an important wish list item. Finding the balance between stylish AND comfort has proven to be a difficult task so far – so now it's in Santa's hands. A flat, black bootie is perfect to dress up any jeans and T-shirt outfit, or with a dress and stockings. If you're feeling more daring, add a leopard print bootie to your wish list.
What would a wish list be without a brand new bag? Hello, a girl can never have too many bags. Personally, I've had my eye on the Rebecca Minkoff's 'mini Mac' for a whilte so hopefully Santa has equally excellent taste. This crossbody, which I'd love in a bold color, works for an daytime adventure or even a night on the town.
Again, something one can never have too many of. Its just responsible to protect your eyes from the sun and if buying new sunglasses makes me responsible then I will just have to make that sacrifice.
Another winter necessity! Text your friends "Merry Christmas!" while keeping your fingers warm. It's a win-win.
Out with the old and in with the new! It's time to make your living space welcoming of 2016. A new area rug will give the living room, or even your room a new look – ready for all that the New Year has to offer!
What's on your holiday wish list? Tell us all about it on Twitter @therunwayplus.