text:
Q: Who is responsible for software licensing in ITIL? In a standard ICT Department who is responsible for managing software licenses?
I would start by saying that the ICT Manager is accountable for it.  But who gets the responsibility, using ITIL as a standard model for an ICT department would the Service Delivery Manager or Development Manager?
The Service Delivery Manager needs to keep things running, but when moving forward with new versions of software does the Development Manager get controlling vote in what to purchase?  As it's not just about delivering the service it's about improving it.

A: This should help you http://en.wikipedia.org/wiki/Software_Asset_Management and also http://en.wikipedia.org/wiki/Information_Technology_Infrastructure_Library#7._Software_Asset_Management

A: In our Org, it has been the finance dept.
They take care of purchasing, tracking and reporting on software license use.
They are responsible for reporting to auditors.
They report to the CIO and CFO who are (I think) actually legally responsible.

redpajama_set_name: RedPajamaStackExchange


BOSTON (AP) Chris Sale's wait for his first win of a frustrating season extended another day.
Boston's opener of a four-game series against Detroit was rained out Monday and rescheduled as part of a day-night doubleheader. Sale is to start Tuesday's day opener against Matthew Boyd in a matchup of left-handers.
Sale is 0-4 with an 8.50 ERA in four starts since signing a $160 million, six-year contract.


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Susanna looked out of the narrow slit window for the eighth time that morning.
Princess Crystal flopped onto the pile of satin cushions and re-read the message on her iPhone while absent mindedly stroking her miniature poodle FiFi.
"Yes, that's him." Susanna nodded her head vigorously.
"Well, there's Pablo's boat" Susanna said.
The Princess began to text rapidly.
"Not as romantic." Susanna muttered as she began the unpacking, again.


text:
HOME HYGIENE LIBRARY CATALOG GO TO NEXT CHAPTER
Death in the Fast
CHAPTER XIX
Opponents never tire of telling us of the "large number of deaths" that have occurred "as a result of fasting." They read the story of the death of a faster in some sensational newspaper and, without knowing anything of the circumstances of the death, repeat the story over and over. If we were to publish the story of every death of patients while being treated with poisons by the physicians, they would rise up in their organized might and denounce us for insinuating that they are a group of murderers.
It is the general custom for the Press to herald far and wide every death during a fast, and attribute the death to starvation. The many thousands who fast and live, who fast and recover health, are not mentioned. Horrified relatives and enterprising newspaper writers are sure to see that the world receives full information about any case of death during a fast.
Cases of death are often attributed to "starvation," where death was due to other causes. We quite naturally expect that where thousands of cases are concerned, there will be an occasional death, whether patients fast or feast. But we may be certain that if we had some means of recording the experiences of a thousand individuals for a period of twenty years or more, while fasting and while eating, more deaths would occur among those taking three meals a day than among those who fast while sick.
A few years ago Theodore Neuffer of Goldsboro, Pa., was reported to have died after only 18 days without food. As a newborn baby can go longer than that without food, it is possible that Neuffer died of causes other than starvation. He was 84 years old and it was said that because of his age he couldn't stand the strain. As numerous people of this age and older have "stood the strain" of much longer fasts with benefit, it is still probable that his death was not due to starvation.
Dewey established the fact that it is physiologically impossible to starve to death before the skeleton condition is reached (by this is meant the mere weight of the skeleton and viscera). This fact has not been fully understood by many of the advocates of fasting, still less by its opponents. Opponents of fasting point to cases of death occurring long before the skeleton condition is reached, while there is still considerable flesh, even fat, on the body, sometimes, indeed, within a few days after starting the fast, and declare that these instances disprove Dewey's contention. Physiologists, on the other hand, estimate that "strong adults die when they lose two-fifths of the body weight."
It must first be noted that instances of such deaths in fasting are extremely rare. Instances of prolonged fasting by people of all ages and in all possible physical conditions, are very common. Such deaths are, as will be seen, exceptions rather than the rule, and are to be accounted for in some other way than on the asumption that they resulted from starvation. For example, there is the testimony of Miss Marie Davenport Vickers (The Mazdaznan Feb., 1906, p. 28) who fasted forty-two days to good health from April 19, to June 1, 1904. She tells us that on two former occasions, before she knew anything of fasting, other than having seen it mentioned in the Bible, she was forced to go without food for some days, owing to the lack of funds with which to purchase it. She says: "and I did almost starve to death." I was once called to see a woman on the fourteenth day of the fast she had undertaken at home. She was a large, fat woman, with high blood pressure, heart disease, diabetes, etc. I did not like the general aspect of the case and advised that she break her fast. She refused and in another day began to vomit. Three days later, she fainted while coming from the bath room. This frightened her. She never overcame her fright. Perhaps she would have done so, had a meddlesome and "know-it-all" daughter not kept up her fear engendering suggestions day and night. I have always been convinced that the chief cause of death in this case was fear. It certainly was not starvation, for at death she weighed nearly two hundred pounds. In Herter's Lectures On Chemical Pathology he tells us that death from inanition is not a possibility till the body has lost at least a third of its normal weight.
Sick people are dying all the time. People seldom turn to fasting until they are desperate. It is inevitable that among such a desperately ill class of people a few deaths will occur. A physician who discovered a new "cure" for illness and was permitted to use it only upon cases that had been given up by all other doctors, would be looked upon as a great physician if he effected only an occasional cure. It is an indisputable fact that of the thousands who go upon a fast to enable them to recover from their ills, most of them have suffered for years and have given "regular" and "irregular" physicians unlimited opportunity to effect their recovery.
In thousands of fasts ranging from a few days to sixty and even ninety days, no deaths have occurred that could be attributed to the fast. In every case, where an autopsy has been made, this has revealed an organic "disease" which would have resulted in death, with or without food. Dr. Dewey properly maintained, that if one's vitality is so nearly exhausted, or if a vital organ is so badly damaged, that death is near at hand, the result is absolutely certain, eating or fasting. Most people turn to fasting as a last resort, instead of the first resort. They turn to it after their bodies have been wrecked and ruined by years of wrong living, drugging and surgical operations. Under such circumstances we naturally expect that an occasional patient will die even while fasting. Honesty and fairness will not attribute death, under these conditions, to the fast.
We should bear in mind that of the thousands of patients treated in the regular way and regularly fed "plenty of good nourishing food," a large percentage die. How absurd, then, to blame fasting for the exceedingly small number of cases that have died while fasting when, too late, they turned to this method of healing.
Dr. S. Lief, of England, says in the June 1929 issue of Health For All: "During eighteen years' experience in the treatment of thousands of cases, we have not known a single case where death took place as a result of fasting."
Dewey not only emphasized the fact that it is physiologically impossible to starve to death before the skeleton condition is reached, but he also emphasized the fact that nature will always demand food long before this stage is reached, providing it is a remediable case. That people have died before the skeleton stage is reached is true, but in such instances death has been due to causes other than starvation. Too many people turn to fasting as a last resort; whereas, it should be the first resort. If, standing with one foot in the grave and the other on a banana peel, they attempt a fast as a last desperate attempt to save life, and they die while fasting, the fast should not be blamed for the death. Fasting is a natural, vital process, and no such process is injurious unless it is wrongly used or over-used.
Writing in Physical Culture, Sept. 1912, Dr. Linda Burfield Hazzard says: "when severe and distressing manifestations arise during the period of abstinence from food, it is virtually certain that defects in organism lie within. Post-mortem examination of bodies of patients who have died while the fast was in progress give proof beyond confutation to this all important point, and in these cases it was further demonstrated that death would have occurred fasting or feeding."
In a letter to Mr. R. B. Pearson, dated Nov. 18, 1919, Dr. Hazzard writes, "In sixteen years actual active practice" she had "fasted nearly 2500 cases with eighteen deaths, in every case of death a post mortem never failed to reveal organic defects which made death the inevitable outcome, fasting or feeding." Then she adds: "I have never turned a patient away."
Dr. Dewey says (The No Breakfast Plan and Fasting Cure, p. 31); "As the months and years went on, it so happened that all my fatalities were of a character as not to involve in the least suggestions of starvation, while the recoveries were a series of demonstrations as clear as anything in mathematics, of evolving strength of all the muscles, of all the senses and faculties as the disease declined. * * * For years I saw patients grow in the strength of health without the slightest clue to the mystery, until I chanced to open a new edition of Yeo's Physiology at the page where I found this table of estimated losses that occur in death after starvation. * * * And light came as if the sun had suddenly appeared in the zenith at midnight. Instantly I saw in human bodies a vast reserve of pre-digested food. * * * I now knew that there could be no death from starvation until the body was reduced to the skeleton condition. * * * I could now know that to die of starvation is a matter not of days, but of weeks and months; certainly a period far beyond the average time of recovery from acute disease."
"Death during a fast cannot occur," says Dr. Hazzard, "unless there is organic disease, and not then unless the organ or organs affected are in such degenerated state as not to permit of repair; and it is conclusively demonstrated that in a scientifically directed fast, although death in the condition cited cannot be averted, yet because of organic labor lessened, life is prolonged for days or weeks, and distress and pain, if present, are much alleviated."
Tilden says: "It is safe to say that when anyone dies while going without food it is due to the fact that he died from the disease before the fast could be extended long enough for it to be thrown off, or from fright, or from lack of proper nursing, being allowed to freeze to death. It is a mistake to associate in mind the two terms 'fasting' and 'starving' as one and the same. It requires great skill to fast a patient properly. Any fool can starve a patient to death."
There are conditions in the bodies of many patients which lead to death inevitably. If one so afflicted dies while fasting, everyone is only too willing to place the blame for death upon the fast. Dr. Hazzard says that in her experience "death during a fast never has occurred when merely functional disorder was present, nor did it ever result for the sole reason that food was withheld."
True starvation begins only when the body has been reduced to the skeleton and the viscera. Dr. Dewey declares: "When death occurs before the skelton condition is reached it is always due to old age or some form of disease or injury and not to starvation." The organism deprived of income, must draw upon its capital to meet the expenses of living. Life endures as long as the reserve capital lasts.
He records the case of a frail, spare boy of four years, whose stomach was so disorganized by a drink of a solution of caustic potash that not even a swallow of water could be retained. He died on the 75th day of his fast, with the mind clear to the last hour, and with apparently nothing of the body left but bones, ligaments, and a thin skin, and yet the brain had lost neither weight nor functional clearness.
"In another city a similar accident happened to a child of about the same age, in whom it took three months for the brain to exhaust entirely the available body-food."
If such a prolonged period is required for small boys to starve to death, death from starvation is certainly a remote possibility in the average adult who carries a much larger reserve of food. It should not be overlooked that the length of time any individual can live without food is determined by the amount of reserve food stored in his or her body. The fat person can go without food much longer than the thin person.
The average patient need have no fear of starving before he recovers from his trouble. I have fasted patients for as much as twenty days who were "skin and bones" at the outset of the fast. In no instance has such a patient been injured by the fast. If fear and worry are absent, if the faster is warm and not forced to exert himself, he may go without food for a long period not only without damage to his body, but with actual benefit.
The American Encyclopedia quotes Chossat and Brown-Sequard as saying: "In man, as in animals, the immediate cause of death from starvation is a decline in the animal temperature. Death is accelerated by cold, and delayed by the presence of moisture in the atmosphere." Pashutin mentions the case of a man whose temperature remained normal throughout a 50 days' fast and says: "However, we know from the experiments upon animals that only when the total of the body reserves is consumed, the body temperature decreases markedly."
It is suggested that the "true mode of death" from starvation is from want of heat, due, no doubt, to a lack of combustible material at the end. Chossat found in starving animals, that when death seemed imminent, restoration could be effected by the application of artificial heat. The American Encyclopedia recounts that M. Chossat "deprived a number of animals (birds and small mammals) of all sustenance and carefully observed the phenomena that followed, and his experiments throw much light upon the subject of starvation. The temperature in all the animals was maintained at nearly the normal standard until the last day of life, when it began rapidly to fall. The animals previously restless now became quiet, as if stupefied; they fell over on their side unable to stand, the breathing became slower and slower, the pupils dilated, the insensibility grew more profound, and death took place either quietly or attended with convulsions. If when these phenomena were fully developed, external warmth was applied, the animals revived, their muscular force returned, they moved or flew about the room and took greedily to the food that was presented to them. If now they were again left to themselves they speedily perished; but if the external temperature were maintained until the food taken was digested (and from the feeble condition of their digestive organs this often took many hours) they recovered. The immediate cause of death seemed to be cold rather than starvation."
Carrington gives 76° Farenheit as the lowest temperature at which life has survived in human beings, although we know that some warm-blooded animals (hibernating) have survived a body temperature as low as 2° Centigrade.
Despite the fact that one maintains normal body temperature on a fast, or even has a rise in temperature, there is a feeling of chilliness in a moderate temperature in which one ordinarily feels comfortable. This is due to decreased cutaneous circulation.
Several theories have been offered to account for death from starvation; for, it is known that death is not due to exhaustion of stored food, since fat and other stores may persist in appreciable amounts, but none of them are adequate.
The following are the most prominent theories that have been offered to account for death: (1) impoverishment of the blood, resulting from loss of solids; (2) fall of temperature (obviously not applicable to cold-blooded animals); (3) inability of organs to utilize remaining reserve stores (inability not explained); (4) asphyxia resulting from paralysis of respiratory center by accumulation of toxic materials; (5) auto-intoxication, produced by toxins, resulting from disordered metabolism of malnourished tissues; (6) it is suggested that death is due to infection due to lowered resistance; (7) also to disorders of the ductless glands. As all of these conditions are present in varying degree it has been suggested that the immediate cause of death may vary according to circumstances.
The loss of weight in total inanition, in animals, resulting in death, runs from 30 to 65 per cent; averaging about 40 per cent; but varies with the age of the animal, the temperature and activity as well as with different kinds of animals. Certain arthropoda can sustain a loss of ninety per cent of body weight before life ends. In many cases of fasting in men, death has not resulted until after a loss of 60 to 70 per cent of body weight.
Morgulis found that the collie, a high strung nervous dog, dies after a loss of only 30 per cent of body weight, whereas other animals recovered health after a weight loss of 60 per cent, which suggests that mental and nervous peculiarities need to be taken into account in the conduct of a fast.
We see many striking examples of this principle in fasting nervous people. We never permit them to go without food long enough to result in death but many of them do not stand fasting as well as the non-nervous types.
Starvation can come only after the body is reduced to the skeleton condition, death resulting then more as a result of cold than anything else. This means that no one will ever starve to death as a result of fasting in "disease." If death occurs at all during the fast it would not occur in the time required to recover from practically all "diseased" states.
Pashutin records the case of a girl who drank sulphuric acid and ruined her digestive tract. He says, "some liquid food was given for four months but not believed absorbed as it was eliminated too rapidly and no chlorides in urine at all. Last 16 days no food at all." In this case the body temperature did not begin to decline until the last 8 days of life.
Fasts of long duration are on record. Mr. Macfadden records one of ninety days; nine of the Cork hunger strikers fasted for ninety-four days; thousands have fasted up to forty days and longer. Many fasts have gone to fifty, sixty and seventy days and longer, McSwiney died on the seventy-eighth day of his fast. While this hunger-strike was on, I heard Dr. Lindlahr tell of a fast of seventy days which he conducted. Dr. Dewey records one of three months.
In none of these cases has there ever developed deficiency "diseases" nor has death ever been due to so-called acidosis. It would seem that a deficiency "disease" can only develop when the body is being filled with denatured foods. Its vast store of reserves seems to be well-balanced. It is known that the blood has almost unlimited power of resisting analkalinity (acidosis), for it will die before turning acid.
More remarkable proof that death in hygienic fasts is due to irremediable organic troubles, and not to starvation, is the fact that it has been found that in every case where death occurred, there still remained considerable subcutaneous fat, and this is always entirely absent in death by starvation. The heart has been found to be normal in all cases, except where normal development had never occurred, while in real starvation, the heart is always markedly atrophied and contracted. The blood has always been found to be practically normal in volume with no real anemia, while in starvation there is a marked decrease in the relative blood volume with a marked anemia. In death during hygienic fasts the pancreas has been found to be either not affected at all, or but slightly; in starvation this organ is almost entirely absent.
Here, let me emphasize the fact that the destructive and degenerative conditions found in animals, which have been used in laboratory experiments in inanition, are due to starvation and not to fasting. The line of demarkation between fasting and starving is distinct and unmistakable, although few, if any laboratory investigators have ever recognized it.
We know that it is only when the total of the body's reserves have been utilized that death from starvation can occur, and it is only then that nature will permit any vital organ to be damaged. The autopsy, in ever case of death while fasting, shows that there was some serious organic "disease" which made death inevitable, whether the patient fasted or ate "plenty of good nourishing food." Indeed, it may be affirmed, with a reasonable degree of certainty, that death would have come sooner in practically every instance except for the fast.
Sinclair says: "It is perfectly true that men have died of starvation in three or four days; but the starvation existed in their minds--it was fright that killed them. * * * As an example of the part that mental disturbances may play in the fast, I will cite the case of a woman friend who started out to fast for a complication of chronic ailments. She was rather stout, and did not mind it at all--was going cheerfully about her daily tasks; but her husband heard about it and came home to tell her what a fool she was making of herself; and in a few hours she was in a state of complete collapse. No doubt if there had been a physician in the neighborhood, there would have been another tale of a 'victim of a shallow and unscrupulous sensationalist.' Fortunately, however, business called the husband away again, and the next day the woman was all right, and completed an eight days fast with the best results. Bear this in mind, so that if you wake up some morning and find your temperature sub-normal and your pulse at forty, and your arms too weak to lift you, and if your friends get 'round you and tell you that you look like a mummy out of a sarcophagus of the seventeenth dynasty--you may be able to smile at them good naturedly and tell them that you will never again eat until you are hungry."
Fear of the fast should certainly be avoided. I do not doubt that well-meaning, misguided relatives and friends of fasters have caused the death of more than one by their cultivation of fear in the fasting individual. One hesitates to say that a loving son or daughter kills his or her mother or father, yet the evidence certainly points this way in more than one case. We should encourage and cooperate with the faster and not frighten him to death.

redpajama_set_name: RedPajamaCommonCrawl


In this course, we will look at the history of copyright law and explore the ways that copyright has both responded to new media and driven art and entertainment. How, for example, is a new medium (photography, film, the Internet, etc.) defined in relation to existing media? What constitutes originality in collage painting, hip hop music, or computer software? What are the limits of fair use? And how have artists, engineers and creative industries responded to various changes in copyright law? A major focus of the course will be the lessons of history for the current copyright debates over such issues as file sharing, the on-line video, and remix culture.
This course satisfies Sector IV of the Humanities and Social Science Sector of the College Office.


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Experience of a lifetime
Nestled in the Manali Valley at the foothills of the Indian Himalayas is the Lady Willingdon Hospital, a small but busy facility with a unique philosophy: no patient will be turned away, no matter their race, religion, age, sex or financial situation.
Unfortunately, this philanthropy comes at a price. With too many patients and not enough resources to manage them, Lady Willingdon relies heavily on both local and international support in order to continue its compassionate model of care.
Every year, four first-year medicine students at UQ are chosen to manage the Manali Medical Aid Project (MMAP). Started by UQ students in 2007, MMAP is designed to provide much-needed financial aid to the hospital.
In addition to coordinating fundraising events for that year, the organisers have the opportunity to undertake their end-of-year clinical placement at Lady Willingdon, giving them four weeks to put their skills to the test and see their fundraising efforts come to fruition.
The path to peace through gender equality
New study into Australian architecture in China
Bittersweet symphony
Myanmar: my learning marvel
Making chatbots in Shanghai
Privacy & Terms of use | Feedback | Updated: 4 Sep 2017


text:
Expert urges farmers to take note of lessons from soggy season
By Ashley Hanley|2019-07-29T05:27:36-05:00July 29th, 2019|
Despite the heavy rain that is saturating farms across the upper-midwest, one expert says the lessons learned from these kind of challenges can be used for future success.
"I don't think there's ever a throwaway year, the lessons are going to be different, but you've got to factor this whole thing in."
Crop and seed expert Brian Hefty told a crowd at the "Ag P-H-D Field Day" this week if the wet conditions continue until the end of this year, farmers should expect delays next spring and consider "Plan Bs" for tilling and spraying.


text:
Q: How to fetch cached credential My problem is the following:
When a user log in, with state persistence set to LOCAL then refresh the page. The firebase auth script automatically logs the user in.
This in it self is 100% okay. The problem is that there is no way for me to know if the user is currently BEING logged in.
Sure there is authState, getRedirectResult and others methods to detect the state CHANGE in the credential BUT: there is no way to know what is happening at the moment of the refresh. That being said, all those methods send no signal on refresh and only activate once the user actually log in 2 to 3 seconds after page refresh.
I need a method to actually get the status of the connection. So i can put a loader saying "loggin in" when a user credentials are in cache.

//im using this right now, this is good but it only activate once the //user is logged in.

  this.afAuth.authState.subscribe(
      res => {
        if (res) {

          console.log(this.fss.afs.createId())

          this.fss.simple_toast("connected, welcome " + res.displayName)

          this.fss.uid = res.uid

          //some logic there

        } else {

          console.log("not connected")
          for (var proprety in this.obs) {
            this.obs[proprety].unsubscribe()
          }
          this.fss.uid = false

        }
      }
    )

what i need is something like this :

this.afAuth.getLogStatus()

// this might return : "credential located, loggin in" or " no //credential located" so i know what is going on.

Is it possible?


At Ventura Lambrate, tex-tile is using a rope tile that was initially designed for a derelict area in Lisbon called Mouraria. The tile is composed of several ropes in a diagonal pattern creating a high positive contour tile. When part of a composition of more of the same tiles, it creates a seemingly infinite pattern that is somehow broken and not symmetrical. Weave Constraints, a woven composition of four tiles, repeating the same tile design but in different colours and finishes, that seeks to find a marriage of colour and pattern. This study shows that it is acceptable to blend variations in tone, but challenging to weave more striking differences in colour. The white tiles contrast with the more subtle tonal variations delineating several weaves within the larger weave. Instead of using diagonal white tiles to delineate space, this study has chosen horizontal and vertical boundaries for the white tiles, as the weave pattern already carries a diagonal orientation.


This paper originally appeared in the IEEE Journal on Selected Areas in Communications in 2012 and won the IEEE Communications Society Leonard G. Abraham prize last year at GLOBECOM 2014 in Austin, Texas.
Dr. Dhillon is currently an assistant professor in the Department of Electrical and Computer Engineering at Virginia Tech University. Dr. Radha Krishna Ganti is an assistant professor in the Department of Electrical Engineering at the Indian Institute of Technology in Madras. Both alumni were formerly advised by Prof. Andrews.


(Springfield, IL) – Governor Pat Quinn yesterday signed legislation that restores $28 million to Illinois substance abuse treatment services that were cut inadvertently earlier this year.
The legislation, Senate Bill 2412, reallocated money within the current Illinois budget to reinstate the treatment funding.
"We are thankful to Governor Quinn for signing the measure into law," said Illinois Alcoholism and Drug Dependence Association CEO Sara Moscato Howe.
The bill also includes $30 million for community-based mental health services, mental health centers, burial services for the homeless and the poor, homelessness prevention programs, and need-based financial aid for college students.
Finally, the legislation will ensure that no state-run mental health or developmental disability centers will be closed this fiscal year.
The current state budget runs until June 30, 2012.


text:
In News, Tech for Good, Medtech•January 30, 2017•2 Minutes
Micrima expand offices to develop advanced breast cancer screening tech
Alice Whale
Micrima – a Bristol-based medtech company – has built on huge successes and is expanding into new offices at Bristol's One Glass Wharf, with plans to further develop its advanced breast cancer scanner, MARIA.
The MARIA scanner (pictured right), which was initially developed by researchers at the University of Bristol, is set to revolutionise the detection of breast cancer (when compared with the traditional x-ray mammography) by making the whole process more accurate, as well as safer.
"The problem is that many tumours are not discovered early enough"
Micrima's Executive Chairman, Roy Johnson, says: "Breast cancer is the most common cause of death in women between the ages of 35 and 55 in Europe and the leading cause of death for women in many countries. The problem is that many tumours are not discovered early enough, largely due to the difficulty in discriminating between cancers and dense tissue using current imaging technology."
The company, which managed to raise a massive £2.6m of investment last year, has now got the scanner into clinical trials at several breast cancer imaging centres across the UK and is hoping that the office expansion will enable them to support the commercialisation and further technical development of the scanner.
Speed and comfort
Other benefits of the new technology include the speed at which a scan can be completed – at just 5 minutes – and the increase in comfort for the patient, with the scanner designed to avoid breast compression.
And with discomfort given as one of the main reasons given by women not attending mammogram appointments, this alone is huge in terms of the number of lives it could save.
Find out more about the MARIA scanner on the Micrima website or follow them on Twitter to stay in touch with the latest updates at: @MicrimaLimited.
You might like: Nymbl Science – the health app that provides a metric for your balance
Via: SETSquared
Bristol medtech Tech for Good


Published 04/25/2019 11:55:49 am at 04/25/2019 11:55:49 am in How Many Watts To Heat A Room.
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Prince William and Princess Catherine of Wales Visit Boston for the Earthshot Prize
Prince William and Princess Catherine…
BOSTON — In its spirit, the arrival of Prince William and Princess Catherine of Wales to Boston on Tuesday landed somewhere between Kabuki and comic operetta.
Disembarking from the plane that brought her here, the former Kate Middleton wore a slim pantsuit, a whopping pair of sapphire earrings and the stilettos that are her version of Crocs. For a later City Hall appearance, she would change into a tartan Burberry frock, an Alexander McQueen coat, more modest earrings by Shyla London and further spike heels. The prince was his wife's visual foil in a two-button suit of dark navy with a single vent, a white spread collar shirt and a figured necktie.
Notice from the royals' Kensington Palace offices alerted the press that their highnesses were traveling to the United States to promote their environmental innovation initiative, the Earthshot Prize — headed by Hannah Jones, the former chief sustainability officer at Nike — and that they "won't be distracted by other things." Their jam-packed agenda was set to include courtside attendance at a Celtics game; visits to a clean tech incubator, a nonprofit focused on helping high-risk youths; and, finally, a televised awards gala on Friday with a star-studded cast set to include, among others, Annie Lennox and Billie Eilish.
Presumably the "other things" referenced stroppy siblings with forthcoming tell-all memoirs and their own strategies for gaming the "firm" (as the royal family is sometimes called). As it turned out, though, Prince Harry and Meghan Markle were not even the principal scene-stealers in the latest installment of a centuries-old melodrama. Even before the commercial flight carrying the prince and princess had touched down in Boston, the palace was distancing itself from a series of objectionable comments made earlier by, according to British press reports, Susan Hussey at a Buckingham Palace reception on gender-based violence.
"Obviously, I wasn't there, but racism has no place in our society," a spokesman for the prince said at a Wednesday morning briefing in Boston. "The comments were unacceptable, and it is right that the individual has stepped aside with immediate effect." Running damage control on one's 83-year-old godmother (Lady Hussey, who is that to the prince, became a member of the court of Queen Elizabeth II in 1960) can be nobody's idea of a good time.
Bringing English (or, more accurately, Scottish — given the gale-force winds that accompanied an afternoon of spitting and then pouring rain) weather with them, the royal couple made their first stop at Boston City Hall to meet with Mayor Michelle Wu; her husband, Conor Pewarski; and their young sons, Blaise and Cass.
Laughter could be heard by the press corps trailing the royals as it spilled into a hallway outside the fifth-floor mayor's office within a grim Brutalist landmark more evocative of dystopian scenarios than the happy futuristic one the Earthshot Prize takes as its inspiration. Ms. Wu and her husband were regaling the royal couple, Mr. Pewarski later explained, with tales of the family's countertop composter. Composting is one of the mayor's many progressive civic schemes.
Back in 1962, President John F. Kennedy launched (the only verb, really) his "moonshot" initiative with a speech at Rice University before 35,000 people that encapsulated the optimism and innocent assurance of an American that can sometimes seem bygone. "We choose to go to the moon," the president remarked of his goal of landing a man there before 1970. NASA, of course, beat that deadline when the Eagle landed on July 20, 1969, and Neil Armstrong stepped onto the lunar surface. In those days, the moon was a fantasy destination and not yet a plausible escape route for earthlings who may have irreparably soiled their home planet.
While there are plenty of reasons to admire royal figures whose stated aim is reversing global warming in under a decade and thus safeguarding Earth's future, what was not entirely clear is how a three-day royal jaunt to Boston might advance the cause, even given the worthy initiatives the Earthshot Prize will ultimately underwrite.
True, there are always many agendas and not least of them was to remind the world beyond Oprah that, aside from their exalted status as the next king and queen of England, the young royals are vitally young and mediagenic: Each is notably tall and trim, and more like runway models with excellent resumes than, as the novelist Hillary Mantel once controversially observed of the-then Duchess of Cambridge, "a jointed doll on which certain rags are hung." And both seem committed to the job of maintaining succession.
At least that was so for onlookers like Tyler Washburn. An aide at the Maine Legislature, Mr. Washburn, 29, had traveled to Boston from his home state to join a crowd of several thousand in waiting hours in the rain for a glimpse of the couple, who represent, he said, "a living symbol of the monarchy's evolution from the past."
And even for those in a scrum of select press invited to observe the royals at close range — for periods of up to 90 seconds, as they greeted and ceremonially met and processed along a hallway where six blowup photographs of Queen Elizabeth II's visit to Boston in 1976 had been installed for the occasion — the theater of the occasion did, in fact, feel transporting. The royal visit existed almost as an episode of time travel — as though the 19th century had hit the retrorockets to break into the 21st.
PreviousPrevious post:A Man Fell From a Cruise Ship. And Survived.NextNext post:A Royal Visit, at a Careful Distance


text:
The Mountain Valley Pipeline FERC Approval And Pollution: Is This Why Goodlatte's Protecting Trump?
Posted by miningawareness in Uncategorized
Appalachia, clean water, Clean Water Act, DEQ, environment, EPA, erosion, FERC, fracked gas, Fracking, Goodlatte, hearing, House Judiciary Committee, House Oversight Committee, karst, Mountain Valley Pipeline, MVP, Nadler, notice of violation, NRA, Peter Strzok, RGC, RGC Resources, Russia, Trump, water quality
The head of the House Judiciary Committee, Congressman Goodlatte, and his wife, have as much as a million dollars ($500,000-$1,000,000) invested in Roanoke Gas Company (RGC), which owns part of the Mountain Valley Pipeline. Is this why he's protecting Trump? Because Trump is gutting the US EPA and the few protections which exist(ed)? And, protecting their profits-right to pollute? Plus, Trump's FERC picks approved the Mountain Valley Pipeline. Since mid-April, the pipeline construction project has already had over 150 water violations: https://miningawareness.wordpress.com/2018/07/14/over-150-water-quality-violations-by-mountain-valley-pipeline-mvp-revealed-by-new-map-project/
The US EPA had harsh criticism of the Mountain Valley project in 2016 (before Trump-Pruitt): https://miningawareness.wordpress.com/2018/07/14/us-epa-2016-criticisms-of-mountain-valley-pipeline-is-goodlatte-protecting-trump-because-the-epa-could-cut-into-his-pipeline-profits/
This is one possible reason that Goodlatte, head of the House Judiciary Committee, is protecting Trump, when he should be impeaching him. The entire FERC board, which approved this pipeline, was appointed by Trump, with the sole exception of Obama appointee, Cheryl LaFleur, whose objection to the pipeline is found further below. Perhaps more importantly, from Goodlatte's vantage, is that the Trump admin is gutting the US EPA's clean water, and other environmental rules. This may benefit Roanoke Gas Co. (RGC)'s bottom line, more generally.
Why aren't journalists looking into why Congressman Goodlatte isn't doing his job and spear-heading impeachment proceedings against Trump, especially since Goodlatte is retiring. It IS Goodlatte's job to impeach Trump. Where are the investigative journalists?https://miningawareness.wordpress.com/2018/07/13/is-congressman-goodlatte-protecting-trump-russia-because-of-investments-campaign-donations-or-is-he-simply-stark-raving-mad/
Compare the Goodlatte's investment, below, to RGC's 1% in the pipeline at approximately $35 million: "The Company's 1% equity interest in the LLC will require a total estimated investment of approximately $35 million, by periodic capital contributions throughout the design and construction phases of the project…" https://www.sec.gov/Archives/edgar/data/1069533/000106953317000006/a10q-20161231xq1.htm
"In October 2015, the Company, through its wholly-owned subsidiary, RGC Midstream, LLC ("Midstream"), acquired a 1% equity interest in the Mountain Valley Pipeline, LLC (the "LLC"). The LLC was established to construct and operate a natural gas pipeline originating in northern West Virginia and extending through south central Virginia. The proposed pipeline will have the capacity to transport approximately 2 million decatherms of natural gas per day. If approved by the Federal Energy Regulatory Commission, the pipeline is expected to be in service by late 2018….
RGC RESOURCES, INC. AND SUBSIDIARIES
The total project cost is estimated to be approximately $3.5 billion. The Company's 1% equity interest in the LLC will require a total estimated investment of approximately $35 million, by periodic capital contributions throughout the design and construction phases of the project. Midstream held an approximate $4.0 million equity method investment in the LLC at December 31, 2016. On a quarterly basis, the LLC issues a capital call notice which specifies the capital contributions to be paid over the subsequent 3 months. As of December 31, 2016, the Company had $252,097 remaining to be paid under the most recent notice. The capital contribution payable has been reflected on the Company's balance sheet as of December 31, 2016, with a corresponding increase to Investment in Unconsolidated Affiliate. Initial funding for Midstream's investment in the LLC is provided through two unsecured promissory notes, each with a 5-year term. The Company is participating in the earnings of the LLC in proportion to its level of investment. The Company is utilizing the equity method to account for the transactions and activity of the investment…"
https://www.sec.gov/Archives/edgar/data/1069533/000106953317000006/a10q-20161231xq1.htm
(Geologist) "Rubin concurs with Dr. Kastning's assessment of the karst setting, its vulnerability and other geologic hazards as individually and collectively posing risk to pipeline integrity….the environmental risks to cave and groundwater resources in project area karst terrains are high…."Excerpted from "The Scientific Consensus on Geo-Hazards to Virginia Waters Posed by Large Gas Pipelines (Respectfully submitted by Richard D. Shingles) FERC document 20170808-5015(32327939)" https://powhr.org/the-scientific-consensus/
"Commissioner Cheryl A. LaFleur
Docket Nos. CP16-10-000, CP16-13-000
Dissent on Mountain Valley Pipeline, LLC
"Today's order denies rehearing of the order approving the Mountain Valley Pipeline Project/Equitrans Expansion Project (MVP). For the reasons set forth below, I respectfully dissent.
"I did not support the Commission's original authorization of this project because I concluded the project as proposed was not in the public interest. 1 My decision was influenced by my consideration of the certificate application for the Atlantic Coast Pipeline Project (ACP) 2, which was decided the same day as MVP. After carefully balancing the aggregate environmental impacts resulting from the authorization of both these projects, against the economic need of the projects, I could not find either proposal, on balance, in the public interest. I am dissenting today on the rehearing order for three reasons:
(1) I still do not find the MVP project is in the public interest;
(2) I am concerned about the majority's response to stakeholders who have tried to access documents relevant to this proceeding, including precedent agreements; and
(3) I disagree with the treatment of climate impacts.
"As noted in my dissents on the certificate authorizations, MVP and ACP will be located in the same Appalachian region, with similarities in route and timing. The projects, when considered collectively, pose significant environmental impacts. Both pipelines cross hundreds of miles of karst terrain, thousands of waterbodies, and many agricultural, residential, and commercial areas. The impacts to landowners and communities are also significant, as evidenced by the numerous concerns raised by intervenors in this rehearing proceeding. For these reasons, I believe we should have given more consideration to a merged system/one-pipe alternative option that could result in less environmental disturbance and fewer landowner impacts. While the majority contends that there was not a credible one-pipe alternative included in the record, 3 I believe that the one-pipe options presented as alternatives provided reasonable approaches that warranted serious consideration, even if it would have delayed the issuance of the MVP and ACP authorizations.
"In circumstances of multiple projects proposed in the same region, with similar timing, I believe we should, in the future, consider a regional review for the development of natural gas infrastructure to assess both the need for pipeline capacity in the region, and the environmental impacts of multiple proposed pipelines on the region. I know that questions on this topic were included in the Commission's NOI on the Certificate Policy Statement, 4 and I look forward to engaging with stakeholders on how a regional look at pipeline projects could support both our needs determination and our environmental review.
"In addition, I am concerned about the Commission's processes for ensuring that all interested parties are able to review and comment on materials in the record that are essential to our pipeline determinations, including precedent agreements. While the Certificate Policy Statement sets forth a variety of factors that can be utilized to demonstrate economic need, in practice, the Commission's need determination has focused narrowly on whether a pipeline demonstrates evidence of precedent agreements. Indeed, in this case, the Commission relied solely on the existence of precedent agreements to find that MVP is needed. 5
"I am unsatisfied by the majority's response to stakeholders who unsuccessfully try to navigate the complex FERC regulations and process to obtain access to important documents, like precedent agreements and flow diagrams. Rehearing parties mistakenly chose the wrong CEII process to formally request access to those documents and thus did not have the opportunity to review and potentially articulate specific concerns that may be relevant on rehearing. 6 The majority explains that, if a party argues that certain potentially relevant documents are improperly withheld, the party must demonstrate how such documents "would have affected its rehearing request or otherwise altered the outcome here." 7 The majority dismisses the due process claim that documents were improperly withheld, finding that "Mountain Valley publicly provided the identities of its shippers, as well as, details about the maximum daily quantities and contract terms for which they have subscribed." 8 In my view, public statements by a pipeline applicant are insufficient to demonstrate need. If we are going to rely on precedent agreements to demonstrate need, the Commission must continue to evaluate the precedent agreements themselves, and ensure interested parties have the opportunity to review and comment on those agreements. We must also ensure landowners and communities know how to fully participate in our proceedings, access documents, and engage with the Commission.
"Finally, today's order also addresses topics on which I have written on extensively in recent months – the consideration of downstream GHG emissions and the use of the Social Cost of Carbon to evaluate the impacts of those emissions. 9 With respect to GHG emissions, as I have stated repeatedly, the Commission should quantify and consider the downstream impacts of GHG emissions. 10 Today's order quantified downstream GHG emissions but failed to sufficiently consider the impacts of those emissions. I believe we should endeavor to assess the significance of a given rate or volume of GHG emissions. For example, in a number of cases we looked at how the downstream GHG emissions associated with an individual project impacted the total state and national emission inventories. 11 And as I have said previously, I disagree with the Commission's recently-announced change in policy limiting the review and disclosure of GHG emissions in our orders. 12 Particularly after the recent Sabal Trail decision, 13 I believe the right approach is to include and consider more information in our orders regarding the impacts of GHG emissions, rather than less.
"With respect to assessing climate change, I cannot support the majority's characterization of the Social Cost of Carbon. The Social Cost of Carbon is a scientifically-derived metric to translate tonnage of carbon dioxide or other GHGs to the cost of long-term climate harm. 14 The majority recites a number of technical and policy arguments to attack the usefulness of the Social Cost of Carbon, many of which I addressed in my dissent on the Sabal Trail Remand Order. 15 Without entirely rehashing those arguments, I reject the notion that the Social Cost of Carbon cannot meaningfully inform the Commission's decision-making. The majority presents various excuses, including arguments about the application of a cost-benefit analysis in our pipeline review and lack of consensus regarding the appropriate discount rate. I continue to find these arguments unpersuasive.
The Commission does not monetize the costs and benefits of a proposed pipeline project largely because, to date, we have not sought to develop the record with evidence that would that support this type of cost-benefit approach to our pipeline reviews. I believe we could better account for changes in GHG emissions resulting from the end use of the transported gas, and calculate a Social Cost of Carbon that accurately reflects the climate change impacts of a particular project. Additionally, the Commission could estimate the appropriate discount rate or to use more than one discount rate in our calculations or to provide a range of numbers for consideration.
"As I have said before, much of the majority's criticism simply reflects the fact that consideration of climate change in our pipeline reviews is difficult. I agree that consideration of climate change is difficult. However, I do not believe that the difficulty of considering climate change relieve us of the obligation to consider climate change impacts as part of our environmental review.
"For all of these reasons, I respectfully dissent."
* 1 Mountain Valley Pipeline, LLC, 161 FERC ¶ 61,043 (2017) (LaFleur, Comm'r, dissenting).
* 2 Atlantic Coast Pipeline, LLC, 161 FERC ¶ 61,042 (2017) (LaFleur, Comm'r, dissenting).
* 3 Mountain Valley Pipeline, LLC, 163 FERC ¶ 61,197 at P 149 (2018) (Rehearing Order).
* 4 Certification of New Interstate Natural Gas Facilities, Notice of Inquiry, 163 FERC ¶ 61,042 (2018) (NOI on the Certificate Policy Statement).
* 5 I am not dissenting today specifically on the use of precedent agreements to determine need; I recognize that approach is consistent with existing Commission policy, to be reviewed as part of the NOI on the Certificate Policy Statement.
* 6 They requested access pursuant to the provisions of 18 C.F.R § 388.113(g)(5) (2017) instead of 18 C.F.R § 388.113(g)(4) (2017).
* 7 Rehearing Order, 163 FERC ¶ 61,197 at P 31.
* 8 Id.
* 9 See Florida Southeast Connection, LLC, 162 FERC ¶ 61,233 (2018) (LaFleur, Comm'r, dissenting in part) (Sabal Trail Remand Order); Dominion Transmission Inc., 163 FERC ¶ 61,128 (2018) (LaFleur, Comm'r, dissenting in part) (New Market); Florida Southeast Connection, LLC, 163 FERC ¶ 61,158 (2018) (LaFleur, Comm'r, concurring); and Tennessee Gas Pipeline Company, 163 FERC ¶ 61,190 (2018) (LaFleur, Comm'r, concurring).
* 10 I believe that it is reasonably foreseeable in the vast majority of cases that the gas being transported by a pipeline we authorize will be burned for electric generation or residential, commercial, or industrial end uses. In those circumstances, there is a reasonably close causal relationship between the Commission's action to authorize a pipeline project that will transport gas and the downstream GHG emissions that result from burning the transported gas. See Mid States Coalition for Progress v. Surface Transportation Board, 345 F.3d 520, 549 (8th Cir. 2003) (Mid States). In Mid States, the Court concluded that the Surface Transportation Board erred by failing to consider the downstream impacts of the burning of transported coal. Even though the record lacked specificity regarding the extent to which the transported coal would be burned, the Court concluded the nature of the impact was clear.
* 11 Recent Commission orders include the full-burn calculation. E.g., Columbia Gas Transmission, LLC, 158 FERC ¶ 61,046, at P 120 (2017); Algonquin Gas Transmission, LLC, 158 FERC ¶ 61,061, at P 121 (2017); Rover Pipeline LLC, 158 FERC ¶ 61,109, at P 274 (2017); Tennessee Gas Pipeline Co., L.L.C., 158 FERC ¶ 61,110, at P 104 (2017); Nat'l Fuel Gas Supply Corp., 158 FERC ¶ 61,145, at P 189 (2017); Dominion Carolina Gas Transmission, LLC, 158 FERC ¶ 61,126, at P 81 (2017); Nexus Gas Transmission, LLC, 160 FERC ¶ 61,022, at P 173 (2017); Atlantic Coast Pipeline, LLC, 161 FERC ¶ 61,042, at P 298 (2017); Millennium Pipeline Co., L.L.C., 161 FERC ¶ 61,229, at P 164 (2017); Penneast Pipeline Co., LLC, 162 FERC ¶ 61,053, at P 208 (2018); Florida Southeast. Connection, LLC, 162 FERC ¶ 61,233, at P 22 (2018); and DTE Midstream Appalachia, LLC, 162 FERC ¶ 61,238, at P 56 (2018).
* 12 New Market, 163 FERC ¶ 61,128.
* 13 Sierra Club v. FERC, 867 F.3d 1357, 1374 (D.C. Cir. 2017) (Sabal Trail). In Sabal Trail, the Court concluded because the pipeline was delivering gas to an identified end use, four downstream power plants, the burning of gas at those power plants was an indirect impact to be quantified and considered as part of our NEPA responsibilities.
* 14 https://www/epa.gov/sites/production/files/2016-12/documents/social_cost_of_carbon_fact_sheet.pdf
* 15 162 FERC ¶ 61,233.
Updated: June 18, 2018" https://www.ferc.gov/media/statements-speeches/lafleur/2018/06-15-18-lafleur.asp
See related:
http://priceofoil.org/2017/09/19/how-gas-pipelines-fleece-ratepayers/
http://priceofoil.org/content/uploads/2017/05/mvp_finance_brief_final.pdf
https://www.sec.gov/Archives/edgar/data/1103601/000110360116000056/exhibit991mountainvalleypr.htm


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Welcome to Engage Commercial, a dedicated portfolio and asset manager of loans secured on commercial real estate. We are on the journey to becoming the UK's leading independent servicer of small and medium sized CRE loans. This site is designed to help you whether you have a general enquiry regarding your own commercial loan or want to find out a little more about us.
Engage Commercial are committed to providing you with the highest level of customer service and we look forward to working with you as we manage your loan. We undertake to do our utmost to deliver premium levels of service and care and our team of experienced staff will be happy to speak with you to assist on any queries you may have.
If you would like to contact us with a query regarding your commercial loan please use our Customer Services Number which is 03333 701 501. Calls may be recorded for training and monitoring purposes. Calls will be charged at your service provider's prevailing rate and may be monitored and recorded. Lines are open 9.00am to 5.30pm Monday to Friday (excluding Bank Holidays).
Important Notice:If you are a new client, transferring from National Australia Bank you should have recently received a welcome letter notifying you of the transfer of the management of your commercial loan to Engage Commercial and providing you with contact details for your dedicated relationship manager. If you have not received this letter, please immediately contact us on the customer services telephone number or email address listed above.


text:
package builtin

import (
	"github.com/mediocregopher/hyrax/server/core/keychanges"
	stypes "github.com/mediocregopher/hyrax/server/types"
	"github.com/mediocregopher/hyrax/types"
)

// MGlobal adds the client to the set of clients that are monitoring key changes
// happening all over the cluster. This hooks into a separate funtionality than
// the normal mon commands, so it will stack with them (aka, duplicate pushes if
// you also monitor individual keys)
func MGlobal(c stypes.Client, cmd *types.Action) (interface{}, error) {
	return OK, keychanges.SubscribeGlobal(c)
}

// MLocal adds the client to the set of clients that are monitoring key changes
// happening on this node of the cluster. This hooks into a separate
// funtionality than the normal mon commands, so it will stack with them (aka,
// duplicate pushes if you also monitor individual keys)
func MLocal(c stypes.Client, cmd *types.Action) (interface{}, error) {
	return OK, keychanges.SubscribeLocal(c)
}

//MAdd adds the client to the set of clients that are monitoring the key (so it
//can receive alerts) and adds the key to the set of keys that the client is
//monitoring (so it can clean up)
func MAdd(c stypes.Client, cmd *types.Action) (interface{}, error) {
	return OK, keychanges.Mon(c, cmd.StorageKey)
}

// MRem removes the client from the set of clients that are monitoring the key,
// and removes the key from the set of keys that the client is monitoring
func MRem(c stypes.Client, cmd *types.Action) (interface{}, error) {
	return OK, keychanges.Unmon(c, cmd.StorageKey)
}

redpajama_set_name: RedPajamaGithub


text:
Meet The Rock Services
Incentives & Events
Malta Pride
September 13, 2019	 • Malta Experiences
Being the Pride Week in Malta in September, it is important that we highlight the important achievements through time.
Being a small, traditional and mostly a religious Island, it is surprising to realize that Malta has the highest standards (according to ILGA-Europe) on LGBT rights out of the 49 European Countries. It was also stated that it is one of the safest countries for LGBT travelers.
Some notable dates are that of 2002 when LGBT individuals accessed the right to serve in the Military, 2004 when discrimination on LGBT communities were banned and 2017 when same-sex marriage became legal. In addition to it, same-sex individuals have also rights to adopt children just as much as heterosexual individuals.
Fun Fact: In the same year as the same-sex marriage bill passed, Celebrity Cruises (A cruise lining company based in Florida) agreed to allow legal same-sex marriage ceremonies on their ships while in International Waters.
Being so open about cultural acceptance on the Island, made it also very popular amongst gay travelers. There is plenty of information to help finding the best places to visit and stay, especially during the Pride Week!
Pride Week is filled with plenty of entertainment, colors and music. The most important day is the Saturday closing the week of festivities with the Pride Parade in Valletta.
The significant increase of people attending to this march shows the level of acceptance on the Island. While only 750 people attended to this pride during its first year in 2003, 2000 people participated in 2017.
Other Things To Do in Malta
Great Restaurants in Malta
Christmas in Malta
Best Beaches on the Island
Malta Experiences
Maltese Food
Maltese History
Maltese Language
Religion in Malta
info@meettherock.com
Meet the Rock @ 2018


text:
662 F. 2d 1090 - United States v. F Watkins
662 F2d 1090 United States v. F Watkins
9 Fed. R. Evid. Serv. 486
UNITED STATES of America, Appellee,
Harvey F. WATKINS, Appellant.
Robert HASLETT, Appellant.
Allen Douglas HICKS, Jr. and Don Kimbrough Gray, Appellants.
Jose Antonio HERNANDEZ, Appellant.
Nos. 80-5065 to 80-5068.
Fourth Circuit.
Argued Feb. 6, 1981.
Decided Nov. 5, 1981.
Edward T. M. Garland, Steven H. Sadow, Atlanta, Ga. (Garland, Nuckolls & Catts, P. C., Atlanta, Ga., on brief), for appellants Watkins and Haslett.
Frank Rubino, Coconut Grove, Fla., for appellant Gray.
William Regan, Charleston, S. C., on brief, for appellant Hernandez.
Ronald I. Strauss, Miami, Fla., on brief, for appellant Hicks.
Lionel S. Lofton, Asst. U. S. Atty., Charleston, S. C. (Thomas E. Lydon, Jr., U. S. Atty., Charleston, S. C., on brief) for appellee.
Before BRYAN, Senior Circuit Judge, and SPROUSE and ERVIN, Circuit Judges.
SPROUSE, Circuit Judge:
Harvey Watkins, Robert Haslett, Allen Hicks, Jr., Don Gray and Jose Hernandez appeal the judgment of the district court, entered after a bench trial, finding them each guilty of all four counts on which they were indicted: conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 846 (count one); conspiracy to import marijuana into the United States, in violation of 21 U.S.C. § 963 (count two); importation of marijuana into the United States, in violation of 21 U.S.C. §§ 952(a) and 960 (count three); and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) (count four).1
The appellants advance two principal contentions on appeal: first, that a boat, tractor-trailer, and van were searched in violation of the fourth amendment and second, that there was insufficient evidence to convict them of any of the offenses with which they were charged.
We find that there was no infringement of the appellants' fourth amendment rights and that there was sufficient evidence to sustain the convictions as to counts one and four, conspiracy to possess marijuana and possession with intent to distribute. We agree with the appellants, however, that there was insufficient evidence to convict them of conspiracy to import or importation of marijuana, and therefore reverse the convictions on counts two and three.
Sometime prior to November 19, 1979, Charleston County, South Carolina, police officers became suspicious of a tractor-trailer without proper exterior identification parked at a Howard Johnson's motel near Charleston. They learned that the owner of the tractor-trailer was Montanez, a guest at the motel. United States customs officers and DEA agents in turn were informed of these facts and a check by the DEA through its intelligence network revealed that Montanez had been convicted in Savannah, Georgia of importing 20 tons of marijuana. The tractor-trailer was placed under continuous surveillance, and on the evening of November 19, it was observed leaving the motel and heading north on Highway 17. It was followed by law enforcement officers in cars and an airplane. DEA agent Stein, in the airplane, followed the tractor-trailer to an isolated area near the North Santee River, but was unable to make further observations because it was dark and the tractor-trailer extinguished its lights. Stein advised the other involved law enforcement units of the tractor-trailer's location, checked for boats in the area and, finding none, landed the airplane at Georgetown Airport.
The river property where the tractor-trailer was parked belonged to Julian Morse, who had been a drug-smuggling suspect for approximately five years. DEA agent Cooke was the first law enforcement officer to arrive there. After hearing sounds which he thought to be a diesel boat engine, he conferred with customs officers Kinney and McDonald. McDonald then positioned himself in the woods near the Morse property. He heard voices and a diesel vessel maneuvering in the water, but neither he nor Cooke saw a boat there. He also heard a "thumping" sound, which he thought to be the sound of bales of marijuana as they hit the floor of a truck.
Kinney radioed customs officer Settles, instructing him to scramble a customs boat to the North Santee River area, in order to seal off the river. Cooke told Stein that a boat had been heard in the area of the tractor-trailer, and requested him to reactivate the air surveillance in order to identify the boat and its activity. Stein flew back to the vicinity of the tractor-trailer, and down the Santee Delta. He reached the confluence of the North Santee River and the intercoastal waterway around 1:30 a. m. on November 20.
Stein then advised Settles, in the customs boat, that he had seen what appeared to be an anchor light on a sailboat. Immediately thereafter, he saw another boat's spotlight come on in the intercoastal waterway, south of the anchored sailboat, and approximately 14 miles downriver from the Morse property. Stein advised Settles of this sighting, suggesting Settles check it first.
The customs boat proceeded south to overtake the vessel after the spotlight was seen. Settles saw the name HUH? on the vessel, and observed that it was a snapper or lobster boat. He noticed there were several antennae on the vessel, all in the down position as though she had recently been under a bridge. He also noticed that there was no fishing rigging or traps of any type on the vessel and that a small zodiac raft was on the bow of the boat. Settles identified himself as a "United States customs officer" and asked the captain to stop the vessel. The HUH? instead speeded away. Settles drew a weapon and commanded the man in the wheelhouse (later determined to be Watkins) to raise his hands. Watkins stopped the vessel. Settles boarded and observed the crew in the process of washing away marijuana residue. The occupants of the boat, Watkins, Haslett and Hensel, were then arrested.
The information about the marijuana residue found on the HUH? was radioed to Cooke who was still near the Morse property. Cooke concurrently received a communication from McDonald that a tractor-trailer and a black van were exiting the Morse property. Kinney and Cooke followed the van and the tractor-trailer in two separate vehicles. Kinney stopped the tractor-trailer, and Cooke stopped the van approximately one mile ahead as both were traveling on Highway 521. All three occupants of the tractor-trailer, Montanez, Mercado and Hernandez, were handcuffed and frisked at gunpoint by Kinney and other law enforcement officers. Residue was found on the rear bumper of the tractor-trailer. After it was field-tested and found to be marijuana, Kinney opened the inspection doors of the trailer and searched inside, finding marijuana bales.
Cooke stopped the van, arrested the occupants, Hicks and Gray, and searched the interior. There is conflicting testimony as to whether these arrests and the search of the van were prior to or after learning that the tractor-trailer was loaded with marijuana. The search disclosed marijuana residue on the van floor.
After the stopping of the tractor-trailer and the black van, McDonald returned to the Morse property where Julian Morse and the entire offload crew were departing the scene.
The parties stipulated that Morse would have testified that he met defendant Honario Montanez in the summer of 1979 and that Montanez came to his house on either November 15 or 16, 1979, to determine if the tractor-trailer would be able to get onto his property near McClellanville, South Carolina; that he (Morse) was to provide the local knowledge of the area and provide a crew to offload the marijuana; that he hired seven persons, including Benjamin Graham, as the crew and they were to be paid between $10,000 and $50,000 each; that the vessel which Benjamin Graham met at the sea buoy near Winyah Bay, South Carolina (stipulated to be within three miles of the South Carolina coast), arrived at his property on the North Santee River and its marijuana offloaded, loaded into a pickup and van, and then transferred to Montanez's tractor-trailer; and that Don Gray drove the black van onto his property on the evening of November 19, 1979.
It was also stipulated that Benjamin Graham would have testified that he was hired by Julian Morse to be a part of Morse's offload crew for a shipment of marijuana being smuggled into South Carolina; that on the evening of November 19, 1979, he and Allen Hicks, Jr., met a vessel near the sea buoy off Winyah Bay, South Carolina between 3:00 and 4:00 p. m., and then at dark led the vessel down the intercoastal waterway to Morse's property on the North Santee River; that the marijuana was offloaded from the vessel into a pickup and van and then transferred into Montanez's tractor-trailer; and that he did not know any of the crew members aboard the vessel which brought the marijuana onto the Morse property.
Appellants' first contention is that the warrantless searches of the HUH?, the tractor-trailer and the van violated their fourth amendment right to be free from unreasonable searches and seizures.
Individuals on boats and ships, of course, are entitled to fourth amendment protection against unreasonable stops and searches. Reasonableness, however, is inevitably measured by the nature and circumstances of each investigation. A seagoing vessel as well as a land vehicle may be properly searched by officers without a warrant under Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925),2 whenever there is both probable cause-" the facts and circumstances within (the officers') knowledge, and of which they had reasonably trustworthy information, were sufficient in themselves to warrant a man of reasonable caution in the belief that (contraband) was being transported in the (vessel) which they stopped and searched"-and exigent circumstances-"it is not practicable to secure a warrant because the (vessel) can be quickly moved." Id. at 153, 162, 45 S.Ct. at 285, 288.
In addition, 19 U.S.C. § 1581 provides in pertinent part:
(a) Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act, or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance.
(e) If upon the examination of any vessel or vehicle it shall appear that a breach of the laws of the United States is being or has been committed so as to render such vessel or vehicle, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel or vehicle, liable to forfeiture or to secure any fine or penalty, the same shall be seized and any person who has engaged in such breach shall be arrested.
The stop of the HUH? was permissible under both 19 U.S.C. § 1581 and the Carroll exigent circumstances exception.
A simple reading of section 1581 suggests an extremely broad grant of authority to customs officers to stop and search vessels at any place in the United States or in customs waters. Appeals courts directly facing the issue, however, have indicated that the freedom of customs officers to act without warrant or reasonable suspicion is limited to boardings for routine safety and document checks of vessels within customs waters or initially sighted within customs waters and followed into intercoastal waterways prior to boarding. United States v. Whitaker, 592 F.2d 826 (5th Cir.), cert. denied, 444 U.S. 950, 100 S.Ct. 422, 62 L.Ed.2d 320 (1979); United States v. Freeman, 579 F.2d 942 (5th Cir. 1978). Customs waters are defined in 19 U.S.C. § 1401(j), as to an American vessel, as "the waters within four leagues (12 nautical miles) of the coast of the United States," and do not include inland waters inside the coastline. Only one court has addressed the question of whether an investigatory stop of a vessel in inland waters may be made under section 1581 with less than reasonable suspicion to believe a customs violation has been committed. It answered in the negative, although without basing its holding on fourth amendment grounds. United States v. Acosta, 489 F.Supp. 61 (S.D.Fla.1980).
Other cases have held, however, that a stop of a vessel in inland waters under section 1581 passes fourth amendment scrutiny if the customs officers have reasonable suspicion of a customs violation. United States v. Serrano, 607 F.2d 1145 (5th Cir. 1979), cert. denied, 445 U.S. 965, 100 S.Ct. 1655, 64 L.Ed.2d 241 (1980); United States v. Kleinschmidt, 596 F.2d 133 (5th Cir. 1979); United States v. Whitmire, 595 F.2d 1303 (5th Cir. 1979), cert. denied, 448 U.S. 906, 100 S.Ct. 3048, 65 L.Ed.2d 1136 (1980). Since we hold that there was reasonable suspicion to believe that the HUH? had committed or was committing a customs violation, we need not address the question of whether a stop can be made in inland waters without reasonable suspicion.
Prior to stopping the HUH?, Settles knew that a convicted smuggler had been identified and his tractor-trailer rig followed to the coastal property of a suspected drug smuggler. Law enforcement officers near the Morse property reported hearing a diesel vessel maneuvering in the North Santee River and a thumping sound which, from their experience, they thought to be bales of marijuana being loaded into the tractor-trailer. Shortly after the vessel departed the area, the tractor-trailer and a black van also left the property. The vessel HUH?, when first spotted, had no running lights and was only intermittently using a spotlight. When the customs boat approached the HUH?, Settles noticed that there was no fishing rigging or traps on the vessel, although it was a fishing boat, and that there were several electronic antennae all in a down position as if the boat had been under a bridge. The stopping and boarding of the vessel HUH? under these circumstances followed a reasonable suspicion of a customs violation. Moreover, the initial evasive action of those aboard the HUH? when Settles attempted to stop her and the marijuana residue in plain view gave more than probable cause to search it.
The DEA agents, customs officers and county police officers surveilling the van and the tractor-trailer after their departure from the Morse property were aware of the identity of the owner of the truck, that its arrival and departure corresponded with the presence of a diesel vessel, and all of the facts developed from the search of the HUH?. All of this provided a reasonable suspicion that the van and tracter-trailor were involved in illegal activity and justified the stop. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); United States v. Brignoni-Ponce, 422 U.S. 873, 95 S.Ct. 2574, 45 L.Ed.2d 607 (1975). After the stop of the tractor-trailer, the officers observed and identified marijuana on its rear bumper, giving probable cause to search the interior. Carroll, supra.
Viewing the evidence in the light most favorable to the government, Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942), it was only after the discovery of the bales of marijuana in the trailer that the van was searched. The tractor-trailer and the van being present where contraband was apparently loaded and their traveling together in an apparent convoy over the back roads in a circuitous route provided reasonable suspicion for stopping the van and that, together with the discovery of the bales of the marijuana in the tractor, provided probable cause for searching the interior of the van. Under these circumstances, the fact that a search warrant for the tractor-trailer might have been obtained earlier does not tarnish either search. Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970); United States v. Newbourn, 600 F.2d 452 (4th Cir. 1979). The officers had probable cause to search both the tractor-trailer and the van and the justification for the search arose suddenly. The searches, therefore, were valid. United States v. Milhollan, 599 F.2d 518 (3d Cir.), cert. denied, 444 U.S. 909, 100 S.Ct. 221, 62 L.Ed.2d 144 (1979); United States v. Patterson, 492 F.2d 995 (9th Cir.), cert. denied, 419 U.S. 846, 95 S.Ct. 82, 42 L.Ed.2d 75 (1974).
Appellants' second contention on appeal is that there was not sufficient evidence to convict them of any of the four counts.
All of the defendants were convicted of conspiracy to possess marijuana and possession of marijuana with intent to distribute. To prove a conspiracy to possess marijuana with intent to distribute, the government must show the existence of an agreement to effectuate a criminal act. United States v. Laughman, 618 F.2d 1067 (4th Cir.), cert. denied, 447 U.S. 925, 100 S.Ct. 3018, 65 L.Ed.2d 1117 (1980); United States v. Peterson, 524 F.2d 167 (4th Cir. 1975); cert. denied, 423 U.S. 1088, 96 S.Ct. 881, 47 L.Ed.2d 99 (1976). The existence of the agreement, however, need not be proven by direct evidence, but may be inferred from the facts and circumstances of the case. Laughman, supra. The trial court was well within its factfinding province in inferring that there was a conspiracy among at least some of the defendants to possess the marijuana with an intent to distribute it. The evidence establishes that more than eleven tons of marijuana was delivered by boat to the Morse property where a crew of eight men, under cover of darkness, offloaded it into a van and subsequently transferred it into a tractor-trailer, both vehicles then exiting the Morse property. Some, if not all, of the participants who were on the vessel HUH?, on shore unloading the obviously illegal cargo and transferring it to the van and truck, and driving away, were of necessity parties to a common planned operation.
To convict an individual defendant of conspiracy, of course, requires more than merely establishing the existence of a conspiracy. The government must also prove each defendant's knowledge of the conspiracy's purpose and some action indicating his participation. Laughman, supra; United States v. Prince, 515 F.2d 564 (5th Cir.), cert. denied, 423 U.S. 1032, 96 S.Ct. 563, 46 L.Ed.2d 406 (1975). In the case sub judice, marijuana residue was found aboard the HUH?. The HUH?, a lobster vessel, had little fishing equipment and was running after dark without lights. Moreover, the HUH? speeded up when customs officer Settles asked it to stop, and the crew was attempting to wash marijuana residue from the boat. The district court could reasonably infer from these facts, and the other subsequently developed facts, that Watkins and Haslett, two of the three men aboard, were aware of the presence of the marijuana and were participating in the conspiracy to possess and distribute it.
The participation of Hernandez in the conspiracy was adequately established by evidence pertaining to the tractor-trailer. It belonged to a convicted drug smuggler, was driven to the Morse property immediately prior to the time the offloading took place and left immediately thereafter. After residue found on the rear bumper of the tractor-trailer was determined to be marijuana, the trailer was searched and marijuana bales found therein. Qualitative inferences similar to those drawn by the court in Laughman, in considering the vehicles transporting the marijuana there, can be drawn here: The driver of a vehicle has knowledge of the contraband it contains and this knowledge can also be imputed to the passengers because of their relationship to the driver and other probative circumstances.
It was stipulated that Hicks met a vessel transporting a large quantity of marijuana, off the South Carolina coast and led it down the intercoastal waterway to the Morse property. It was also stipulated that Gray drove the van onto the Morse property and that a van was used to offload the marijuana from the vessel and transfer it to Montanez's tractor-trailer. The van in which Hicks and Gray were riding left the Morse property with the tractor-trailer and traveled in close proximity to it. This was more than sufficient evidence under Laughman to connect Hicks and Gray to the conspiracy to possess marijuana with an intent to distribute.
The trial court was also correct in holding there was sufficient evidence to convict the appellants of possession with intent to distribute. It was established that the defendants were each participants in a conspiracy to possess and distribute marijuana. Actual possession of the marijuana is not a prerequisite to finding each guilty of the substantive charge of possession with intent to distribute. Constructive possession is sufficient. This exists when each defendant exercises, or has the power to exercise, dominion and control over the item. Laughman, supra. Additionally, possession of a large amount of marijuana among several people working together may be sufficient to show that each has constructive possession. United States v. Gomez, 529 F.2d 412 (5th Cir. 1976).
In the case sub judice, the judge sitting as a factfinder could reasonably have believed that Watkins, Haslett and Hensel brought 23,000 pounds of marijuana in the HUH? onto the Morse property, that the marijuana was offloaded into a van driven by Hicks and Gray, subsequently transferred to a tractor-trailer, and transported from the Morse property over the back roads of South Carolina by Hernandez, Montanez and Mercado. At some stage of the transaction, each defendant had the power to exercise dominion and control over the marijuana such that he could have distributed it as he chose. Although Hicks and Gray protested that the bales of marijuana were found in the tractor-trailer while they were in the van, it would be incredible that they and those in the tractor-trailer were not a team exercising joint control over the marijuana. The totality of the evidence establishes one continuous operation, mutually executed by all five appellants with the assistance of others, for transporting marijuana onto and from the Morse property.
However, the convictions of the appellants of conspiracy to import and importation of marijuana (21 U.S.C. §§ 963, 952(a) and 960) cannot stand. A defendant may not be convicted of importation of a controlled substance in violation of 21 U.S.C. §§ 952(a) and 960, unless it is proved beyond a reasonable doubt that the controlled substance taken from the defendant emanated from a point outside the United States and that the defendant brought it into the United States. United States v. Soto, 591 F.2d 1091 (5th Cir.), cert. denied, 442 U.S. 930, 99 S.Ct. 2862, 61 L.Ed.2d 298 (1979); United States v. Maslanka, 501 F.2d 208 (5th Cir. 1974), cert. denied, 421 U.S. 912, 95 S.Ct. 1567, 43 L.Ed.2d 777 (1975). Although it is not necessary to prove that the defendants have been observed bringing the controlled substance into the United States, there must be some proof of importation. United States v. Miranda, 593 F.2d 590 (5th Cir. 1979). There is scant, if any, evidence in this case that the marijuana found in the vessel HUH? and the tractor-trailer was imported from a place outside the United States by any of the defendants. The vessel led in by Graham and Hicks was met at a sea buoy within three miles of the South Carolina coast. Stein admitted on cross-examination that the HUH? was too small to have made the trip from Columbia (where the marijuana allegedly originated) and there was no evidence that a larger vessel was involved. It is true that Stein stated an opinion that the marijuana was baled in Columbia. He did not qualify as an expert, however. His lay testimony identifying the bales as being similar to those he had seen from Columbia during his service as a drug enforcement officer was admissible, but, standing alone, was not sufficient to prove criminal importation.
The judgment of the district court finding the appellants guilty of counts 1 and 4 is affirmed; the judgment finding appellants guilty of counts 2 and 3 is reversed.
AFFIRMED IN PART, REVERSED IN PART.
Three other defendants-Honario Montanez, Jose Mercado and Dennis Hensel-were named in the indictment. Prior to trial, Montanez pled guilty, Mercado's case was transferred to Florida under Fed.R.Crim.P. 20, and the government deferred prosecution of Hensel because of an acute illness. Additionally, the entire offload crew pled guilty prior to trial, and two members-Julian Morse and Benjamin Graham-provided testimony for the government. The parties stipulated that this testimony, the testimony adduced at the hearings on the motion to suppress, and the live testimony of Drug Enforcement Administration agent Stein, would constitute the trial record
Carroll has been cited as authority to search ships without a warrant in other cases. See e. g., United States v. Hensler, 625 F.2d 1141 (4th Cir. 1980), cert. denied, --- U.S. ----, 101 S.Ct. 1513, 67 L.Ed.2d 814 (1981); United States v. Williams, 617 F.2d 1063 (5th Cir. 1980); United States v. Weinrich, 586 F.2d 481 (5th Cir. 1978), cert. denied, 441 U.S. 927, 99 S.Ct. 2041, 60 L.Ed.2d 402 (1979)


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Skoda was recently accorded lead responsibility to develop cost-effective products for emerging markets.
Knapp said Volkswagen cars were over-engineered by Indian quality standards. "You are not driving at 200 km on an autobahn. There are other things that are important, like connectivity, but not only because you are sitting for 2.5 hours in a car. That is the first step," he said.
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ET had earlier reported that VW is planning to design, develop and engineer a low-cost version of its modular platform MQB. It is likely to be ready by the time the 2020 BS VI norms are implemented, at an investment of Rs 1,500-2,000 crore, people in the know had indicated.
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In the meantime, the company will bank on its existing portfolio to double market share to 3% in the next five years. Volkswagen had introduced entry sedan Ameo last year, along with the Polo and Vento at the mass end and the Tiguan, Passat, Beetle in the premium spectrum — all of which are expected to help draw in affluent middle-class customers.


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text:
Suman Raghunathan, Executive Director
Posted on February 4, 2014 by SAALT
Suman Raghunathan, SAALT's Executive Director, joined the organization in February 2014. As Executive Director, Suman coordinates SAALT's overall efforts to amplify diverse South Asian voices advocating for progressive change in the US. This includes developing, together with SAALT staff and Board of Directors, a vision for the organization, working closely with SAALT's stakeholders, and expanding the resources necessary to implement that vision. Suman is a passionate and seasoned immigrant rights advocate with extensive experience on the range of issues addressed by SAALT, deep connections to South Asian communities, and relationships with key partners in the racial justice and immigrant rights movements. She has longstanding experience in leading non-profit organizations, having first served as Interim Executive Director and then as a long-time member of the Board of Directors of Chhaya Community Development Corporation, one of SAALT's community partners.
The daughter of Indian immigrants, Suman has a keen understanding of the issues affecting South Asian and other immigrants in the United States. She has deep experience conceptualizing and coordinating multifaceted and multi-issue campaigns that span numerous proposals and stakeholders, and assembling the coalitions critical to advancing them. Through her work at organizations including the American Civil Liberties Union, Progressive States Network, and the New York Immigration Coalition, Suman has developed expertise on policy issues, directed immigrant leadership development programs, launched newcomer civic engagement campaigns, and implemented capacity-building and advocacy campaigns. Suman has been quoted numerous times in The New York Times and has appeared on the 'PBS NewsHour' and MSNBC's 'Up with Chris Hayes' as well as National Public Radio, Al Jazeera English, and Fairness and Accuracy in Reporting's CounterSPIN; her Op-Eds have appeared in The Nation, The Miami Herald, Sacramento Bee, and The Hill, among other publications. Suman is also the recipient of numerous awards, including the 2015 Civil Rights Award for SAALT's work on hate violence from Brooklyn District Attorney Ken Thompson, and a 2014 Open Society Foundation New Executives Fund award.
To reach Suman, please e-mail her at suman@saalt.org.
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