Every day you wake up, hit snooze, stretch, scratch you head and maybe even your lower back (which always does the trick for me), you open the door to an abundant amount of possibilities and opportunities. It is safe to say that as a young adult your life could appear to be in shambles… just about every day. We can all hold "adulting" responsible for that.
The idea that you must now place your dependent adolescent days behind you is in full effect. You make your own appointments, pay your own bills, and most essentially hold yourself accountable for decisions and actions of your own. As tough as that may seem, take note that even if adulting is going well for you, you still have your social, love, and school life to be concerned about.
Everyone's journey is unique and subject to change in which we all would agree. You may hit a bump in the road while on your walk but why let that stop your show? The party still goes on! Here's a few ways to make sure that you're growing, glowing, and choosing happiness in the midst.
Positivity plays a tremendous role in living a healthy and happy life. Emitting positive energy within your thoughts, words, and actions will allow you to make habit of just that.
Little things like pinning positive quotes and affirmations on Pintrest or writing uplifting quotes down on sticky notes (mary jane taught me that lol) seems miniscule to the task at hand but I've found them to be very helpful.
Surrounding yourself with positive individuals allow room for the happy shift in your lifestyle. Contrary to belief the company you keep is vital to your well-being.
Your internal and external relationships aren't the only things that require nurturing. Take care of your body! "You are what you eat" is in fact a valid statement.
Making sure you're consuming an adequate amount of water and maintaining a proper diet is key to the healthy and positive lifestyle you're trying to obtain.
I have yet to master not worrying about things I can't control but I've made the conscious effort to begin doing so and it's been working for me.
Worrying can just about drive you insane if you let it. Once I began to strive for a deeper depth in my faith, I revealed the importance of "letting go and letting God". Holding onto things you have absolutely no control is an issue most of us face. God doesn't want us worrying about what he already has under control. Why stress when all he requires is faith and he'll do the rest?
Being human does allow us to forget that at times but continuing to build your faith and endurance to withstand all that life has to throw at you creates the attainability of actually letting go.
Letting go of toxic relationships and situations is also conducive to obtaining happiness. We often deprive ourselves of the joy we're capable of having because of choosing to hold onto the very things that hinder us from genuinely being happy.
No, it isn't a piece of cake at first. I'd be lying if I said that but it'll be worth it in the end.
Appreciate and acknowledge what has gone and what is still to come.
"I am my own biggest critic. Before anyone else has criticized me, I have already criticized myself. But for the rest of my life, I am going to be with me and I don't want to spend my life with someone who is always critical. So I am going to stop being my own critic. It's high time that I accept all the great things about me." – C. Joybell C.
If there was an opportunity or condition that failed in the past, that doesn't mean that every opportunity that awaits you will follow suit. Everything will not always go the way you would like or how you planned, it's just not the way life works.
Note that everything that took place in your life had purpose. Most times you won't be able to comprehend this in that moment or season. I truly believe God didn't intend for you to. I mean if you think about it, where's the fun in knowing exactly why everything in your life is happening at that exact moment. Being appreciative of the times that precede you whether good or bad, creates a sense that better is to come. Which normally is proven to be factual.
The key to remaining happy is remaining consistent with optimism.
Dwelling on the past hinders us from the bright possibilities of the future. You haven't even become who you'll be, don't be so tough on yourself, relax.
You will fail and succeed probably more times than you could count, but there's growth in it all. The most valuable factor of life is knowing how to get up after every fall.
Tis the season to grow and glow!


text:
package org.apache.flume.analytics.twitter;

import java.io.IOException;
import java.util.List;

import org.apache.flume.Context;
import org.apache.flume.Event;
import org.apache.flume.interceptor.Interceptor;
import org.apache.flume.interceptor.TopNInterceptor;
import org.apache.flume.tools.Counter;
import org.apache.flume.tools.InterceptorRegistry;
import org.apache.log4j.Logger;
import org.codehaus.jackson.JsonFactory;
import org.codehaus.jackson.JsonParser;
import org.codehaus.jackson.JsonToken;

import com.google.common.collect.Lists;

/**
 * A Flume interceptor that merges the topN lists emitted by upstream {@link HashtagTopNInterceptor}
 * interceptors into a single, global topN list.
 *

 * It assumes that the counters emitted by the upstream {@link HashtagTopNInterceptor} interceptors
 * are grouped, i.e. a specific counter is always routed to a single {@link HashtagTopNInterceptor}
 * and will therefore only appear in a single topN list.
 *

 * See {@link TopNInterceptor}.
 */
public class TopNMergeInterceptor extends TopNInterceptor {
  private static final Logger LOG = Logger.getLogger(TopNMergeInterceptor.class);
  private final JsonFactory jsonFactory = new JsonFactory();

  /** {@inheritDoc} */
  public TopNMergeInterceptor(int topN) throws IOException {
    super(topN);
  }

  /** {@inheritDoc} */
  @Override
  public void initialize() {
    InterceptorRegistry.register(TopNMergeInterceptor.class, this);
  }

  /** {@inheritDoc} */
  @Override
  public void close() {
    InterceptorRegistry.deregister(this);
  }

  /** {@inheritDoc} */
  @Override
  public List<Counter> getCounters(Event event) {
    List<Counter> counters = Lists.newArrayList();
    JsonParser jp = null;

    try {
      jp = jsonFactory.createJsonParser(event.getBody());

      while (jp.nextToken() != null) {
        if (jp.getCurrentToken().equals(JsonToken.START_ARRAY) && jp.getCurrentName().equals(TOP_N)) {
          while (jp.nextToken() != null) {
            if (jp.getCurrentToken() == JsonToken.START_OBJECT) {
              jp.nextToken();
              String item = jp.getCurrentName();
              long count = jp.nextLongValue(0);
              counters.add(new Counter(item, count));
            }
          }
        }
      }
    } catch (IOException e) {
      LOG.error("Error parsing JSON", e);
    } finally {
      try {
        jp.close();
      } catch (IOException e) {
        LOG.error("Unable to close JSON parser", e);
      }
    }

    return counters;
  }

  /**
   * Builder which builds new instance of TopNMergeInterceptor.
   */
  public static class Builder implements Interceptor.Builder {
    private int topN;

    @Override
    public void configure(Context context) {
      this.topN = context.getInteger(TOP_N);
    }

    @Override
    public Interceptor build() {
      try {
        return new TopNMergeInterceptor(topN);
      } catch (IOException e) {
        throw new RuntimeException(e);
      }
    }
  }
}

redpajama_set_name: RedPajamaGithub


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In Jan 2013 DCSS will outsource transportation of students and will start to lay of it's bus drivers and aides. I can not go into further detail but I know this to be a FACT. I simply want to put it out there so the parents know whats going on and how your money being spent.


text:
Callum Johnson from title fight vs. Joe Smith Jr. after a positive test for COVID
Joe Smith Jr. he will have to keep waiting to defend his WBO title in semi-heavyweight. Callum Johnson, his planned opponent on January 15, had to back out of the fight after being tested positive for COVID-19.
Mike Coppinger of ESPN was the first to report. Top officials are working to find a new rival for Smith. Promoter Frank Warren told BBC Sport that he hopes Smith vs. Johnson will be re-booking soon.
"It's a real shame for Callum," Warren said. "I hope we can get him back, they may want to [reschedule the fight] late spring. He worked really hard to get a chance. "
Johnson, the 2010 Commonwealth Gold Medalist, made his professional debut this year. Johnson, a former Commonwealth and British heavyweight champion, lost to Arthur Beterbiev in 2018 for the IBF semi-heavyweight title. Since then, he has won three in a row, his last match being the victory over Server Emurlaev in October by a majority decision.
MORE: Johnson: My dad will look at me from above and will be proud to continue without him
Smith made his professional debut in 2009. Last April, he won the WBO semi-heavyweight title against Maxim Vlasov. In 2021, he tested positive for COVID.
Although no new opponent is known and Johnson is still struggling for the title, Warren hopes Smith will face Anthony Yard.
"I'd like to play Joe Smith vs. Anthony Yarde in the United Kingdom, "said Warren. He is number 1 [challenger]. Anthony looked so good in his last fight against Lyndon Arthur. Anyway, we got him to fight sometime in March. Crossed fingers. We'll see what happens to Smith next week and how he goes, and then from there. "
Yarde, 30, made his professional debut in 2015. The former European and intercontinental WBO heavyweight champion lost to Sergei Kovalev in 2019 for the WBO semi-heavyweight title. Since then, he leads 4: 1. In his final match, he defeated Arthur in retaliation last December to win the Commonwealth and WBO Intercontinental titles in the heavyweight.
"He has gained experience since then [fighting] Sergei Kovalev is worth it, "said Warren.
Saul "Canelo" Alvarez, the undisputed king of super middleweight, is also interested in fighting Smith.
Colts Frank Reich gave Carson Wentz the confidence after losing to the Jaguars at the end of the sea...
Hennessy plans Irish Champion Hurdle spin for Heaven Help Us | Racing news
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Masters: Former champion Ian Woosnam confirms he will no longer compete in Augusta National | Golf news
Six Nations 2022: Michael Lowry and Mack Hansen receive their first invitation to Ireland | Rugby Union News
Adam Webster: I've loved every minute since I went to Brighton football news
WSL: Arsenal's Sunday home game against Reading postponed due to Covid-19 cases and staff injuries | football news
US intelligence services Putin will hold a false flag attack on his troops as a pretext for the invasion

redpajama_set_name: RedPajamaCommonCrawl


text:
Michael Hufton
More from Michael
The MiFID delay: seeing through muddle

Thoughts on what MiFID II is likely to mean for research and corporate access

The newswires have been flooded with reports that there will be a delay to the MiFID II implementation date – perhaps by a year, to January 2018. The reports are well sourced and the accepted view on the Street is that MiFID has been delayed.
But there has been no official delay – and these calls for delay are controversial. The only things we can say for certain are that there are strong and opposing views within ESMA, the European Commission and the European Parliament, and that MiFID is in a mess.
For now the January 2017 implementation date still stands. It is possible to change the date, but this requires agreement between the three European institutions: the Commission, the Parliament and the Council of Ministers. At the moment they appear unable to agree on anything.
The most likely outcome is that the existing implementation date remains intact, but with guidance on a phased implementation and delayed enforcement. Europe will indicate which parts of what is an enormous bill matter most and where they will allow more time to implement complex new systems.
There is precedent for this sort of approach and it would seem the best way to simultaneously recognize real concerns in the industry that implementation timelines in some areas are too tight, while addressing concerns in the Parliament that we are already lagging well behind on implementing G20 commitments.
That said, the actual implementation date is largely a sideshow. All the clamouring for a delay is because the industry worries about the compressed implementation timetable – firms are itching to get started.
What matters far more is the final content of the bill – and here significant uncertainty remains, as the delegated acts have not yet been published. As soon as they are though, implementation work will begin, and firms will work as fast as they can to become MiFID-compliant. We should see publication of the acts before the end of the year and in several critical areas the mist is now beginning to clear.
Specifically with regard to two of the most controversial areas which matter most to the IR profession, research and corporate access, we can now join the dots and work out the most likely outcome.
MiFID II will step back from the most controversial proposals surrounding research. Research Payment Accounts (RPAs) can be funded by Commission Sharing Agreements (CSAs), subject to proper, documented caps and budgets, and use of CSAs/RPAs will be mandated for any use of client commissions to pay for research. Corporate access is not research and will be confirmed as an inducement under MiFID II.
This treatment will be greeted with a sigh of relief by the industry, but it will nevertheless lead to significant changes to existing market practice:
It means client commissions can still be used to pay for Research, but with onerous controls attached. This can be done only if properly unbundled from execution and with record keeping and reporting surrounding what is received, used and how those payments are determined
Allowing client monies to be used to pay for research requires explicit treatment of corporate access as an inducement, otherwise client money could be used to pay for meetings, which would be unacceptable. Treatment as an inducement under MiFID is material and goes further than the changes introduced in the UK by the Financial Conduct Authority. Under MiFID, inducements cannot be offered, or received, 'for free'. They need to be priced on a true, standalone basis.
In practical terms for research, MiFID II will look quite like the status quo best practice in this area, but with more control and record keeping attached. For corporate access it is a major change and means the end of the 'free' roadshow. These services will have to be priced and paid for. The question now is who will pay for these services – corporates or investors?
That is something for the market to decide. Either way, investors and IROs will not want to wait for implementation to look for a new solution – they will want to begin preparing for the new environment as soon as the definitive final rules are clear.
Michael Hufton is founder and managing director of ingage IR, a UK-based start-up in IR software and corporate access
Robert Brinberg
Bulge brackets, mini-conferences and the continued evolution of the corporate access business
Off-season engagement continues to rise, says ESG adviser
Laurie Havelock
Four things we learned at the IR Magazine Forum – Greater China 2019
Coming to Hong Kong in December for the IR Magazine Forum – Greater China 2019 proved interesting. The city was in the middle of several months'...Read more
In late 2018, we published an article in IR Magazine that drew conclusions about the state of play in the cash equities business and the...Read more
The number of requests that institutional investors receive for meetings outside of proxy season continues to rise, as IR, legal and sustainability...Read more
Navigating new terrain and demystifying corporate access
Sponsored content Corporate access has changed dramatically in recent years. By unbundling research and trading activity, Mifid II has...Read more


text:
Ruth Berman
Obituary of Ruth Berman
It was never unusual for me to receive two Halloween cards from my mother.
You might think Hallmark had her in its grips, but in fact, this two-Halloween-card phenomenon was born of something much deeper: a belief that it was always a good time to bring joy to someone you love, and when in doubt about which thing will bring the most joy, get both. That's just who she was.
My mother, Ruth Ann Berman (née Hovanec), was born in Pennsylvania on December 20th, 1948. She was an only child, daughter of the ever-loving and cheerful Olga and Andrew Hovanec. She grew up outside of Chicago and attended Bradley University where she first met her husband and my father, Mark Berman. After college she moved to New York to obtain her Master's Degree in Special Education. She was planning to move back to Chicago when, as the legend has it, her old friend Mark offered to drive her back. It was in Chicago that they would spend the next 40+ years of their lives.
My mother was a kindergarten teacher and the best there was. Room 109 at Hamilton School was her sanctuary and where she empowered hundreds of children with kindness, confidence, and the foundations of their education. She would always tell me, "I have the best days."
She gave birth to me in 1984. She scratched my back as I was falling asleep. She made my Halloween costumes—my favorite of which was the constellation Cassiopeia. She made little "welcome home" scavenger hunts for me whenever I returned from camp or from staying with my grandparents. If there was ever a chance to show me that she loved me through her creativity and thoughtfulness, she took it.
Nine years ago she gained a son-in-law, Brad, and seven years ago, a granddaughter, Arden. She loved them both dearly, and our little core family of three became five.
Nine months ago my mother was diagnosed with metastatic cancer. She had always wanted to live in New York again, and so within a week of her diagnosis we moved her and my dad to NYC where she could be under the care of world-class doctors, and where we could all be together. Never one to be outdone by fate, she packed about 20 years of life and love into those nine months.
On Saturday, October 29th, 2022, my mother passed away, surrounded by her family.
A few days later, we began collecting some of her things from my parents' apartment. I picked up her calendar and began to look through it when I noticed something orange underneath. It was a Halloween card, and not one, but two. They were for Arden, though my mom never had a chance to give them to Arden herself.
They now sit perched on my daughter's bookcase—a final act of thoughtfulness.
A reminder that it's always a good time to bring joy to someone you love.
And when in doubt about which thing will bring the most joy, get both.
Should you wish to make a donation in my mom's honor, please consider one of the two inspiring organizations below:
My mom adored her doctors and nurses and was ever grateful for the research that gave her as much time as possible.
Safe Humane Chicago
My mom was an animal lover through and through and would have loved her memory to live on in the wellbeing of animals.
199 Bleecker St.


"IMMERSE was awesome!!! The transformation process was a healing process for me; it took me from a dark side to a brighter place. I have a brand new mindset about life and God. I sincerely love the woman I am today and the things ahead of me. I would say I'm a changed person. I'm not struggling to do anything; I do them with ease. I just see myself yearning more for God each day and I'm super grateful for that. Also, my coach was amazing and the ladies on my group were the best. I'm glad and thankful I attended the IMMERSE program".
"What IMMERSE have helped me to do primarily is go back to my core. Bring it out, dust it and put it back on the road for the journey. You know how life gets so busy you can't find yourself? Mine was like that. But I once again remember what's most important. And I'm focusing on those now".
Bolutife Oladidupo - CEO, BestHomes Inc.
"The IMMERSE experience has made me more aware, more present than ever before. It is almost like even dropping a pin on the floor matters in the grand scheme of things. Everything matters. And in that thinking, not everything should matter beyond that moment. Exist Winnie, truly exist in the present".


For freshman Madeeha Syeda, mixed martial arts is not only a sport that she is passionate about but also a source of great confidence. For the past eight years, training in martial arts has transformed her life.
When she lived in India, Syeda's parents introduced her to karate. After moving to the United States in 2017 with five years of experience in karate and a brown belt, Syeda was unable to find a karate school near her. Determined to continue in martial arts, Syeda began participating in MMA, wishing to study self-defense.
MMA has three main aspects: striking (similar to boxing), grappling (similar to wrestling) and takedowns. Syeda's class, which meets five days a week, rotates training on one of those three skills, as well as alternating between workouts focusing on arm, leg and core strength. According to Syeda, after learning a new submission or combination, class ends with students practicing live drills and everyone in a sweat.
Despite having earned the penultimate belt in karate, Syeda had to start over with a white belt in MMA. But within a year of training, she got a double promotion, moving from white to purple belt, the order of belts being white, yellow, orange, purple, blue, advanced blue, green, advanced green, brown, advanced brown and then black. Although Syeda now has a blue belt, it will take many more years to reach the belt she used to have in karate.
Beyond a physical workout, MMA has changed Syeda's mentality and outlook on life. During one of her first MMA classes, Syeda doubted her ability to perform. But after persisting and continuing with the martial art, it transformed her mindset on perseverance.
Along with changing Syeda's perspective of persistence and confidence, MMA has taught her about rule over the body and emotions.
When practicing techniques and combinations, students train in partnerships, which is why Syeda describes training as a team effort, with students needing a partner to perfect grapplings and submissions. Within each pair, individuals rely on the other to keep practice competitive and intense. And that intensity comes from the overall energy of the class.
Having done MMA for a year and a half, Syeda has begun teaching a six to ten-year-old class at her school. Syeda has enjoyed being a role model and having an impact on the students, wanting to contribute to their growing mindsets and experiences in life. She has also found teaching has helped her hold herself to higher standards, knowing that others are looking up to her.
Syeda has also enjoyed being a coach because with the lack of female martial artists portrayed in the media, she hopes to bring more representation of girls to martial arts.
With seven and a half years of martial arts experience, Syeda aspires to continue her MMA career throughout and beyond high school.


text:
Top 10 Most Expensive Bottle Of Wine
Top 10 21st Century Political Science Scholars in Canada
Top 10 Rich People Who Committed Suicide
Top 10 List of Animated Cartoons with Sexual References
Top 10 Destination Wedding Venues
Top 10 Mid Night Snacks We cant Resist
Bizarre, Health, Health & Lifestyle, People, People & Blogs
Top 10 Most Powerful Brands in the World
Top Ten Tips To Prevent Hacking
Top 10 Grand Prix Circuits in the World
Featured, Sports, Travel
Top 10 Assault Rifles
An assault rifle is a rifle used for combat where exchange of fire takes place over short distances (i.e. <300m) and is capable of selective fire, which is the ability to switch from single fire to semi automatic or automatic fire.
An assault rifle has the following characteristics:-
a) It must have a buttstock for firing from the shoulder
b) Must be capable of selective fire
c) Must use a cartridge stronger than that of a pistol but less than one of a battle rifle.
d) Must have a detachable magazine
1.AK-47 series of rifles
This is without question the most widely used and popular assault rifle in the world. The AK-47 was developed by Mikhail Kalashnikov for the Soviet Army for the Soviet armed forces. It has a kickback gas action for ejecting the cartridge. The standard AK 47 fire a 7.62×39 mm cartridge has a muzzle velocity of 2300 ft\sec and a range of 1300 ft.
2. FN—SCAR
The SOF Combat Assault Rifle or SCAR-L of US and Belgium parentage was made primarily for the US Special Forces and fires a 5.56x45mm NATO cartridge. It has a rate of fire between 600-650 rounds per minute and an effective range of 500-600—meters.
3. Steyr AUG
The Steyr AUG is designed by Steyr Mannlicher GmbH & Co KG of Austria. The rifle features a two stage trigger and is fed from double column box magazines with a 30 round capacity It fires a 5.56x 45mm NATO cartridge, has a rate of fire of 680-850 rounds per minute, an effective range of 300m and is fed by a 30 or 42 round box magazine.
4. M-16
The M-16 is the standard rifle for the US armed forces. The M-16 is a 5.56 calibers lightweight, air cooled, magazine fed, gas operated rifle with a rotating bolt driven by a direct impingement gas operation. The M-16 is effective within a range of 550m and a rate of fire of 700-950 rounds a minute.
5. M-4
The M-4 5.56mm assault is of US origin, it is produced by Colt Defense. It fires a 5.56x45mm NATO cartridge, has a gas operated rotating bolt action and has a rate of fire of 700-950 rounds per minute. It has an effective range of 300m.
6. Heckler & Koch HK-416
The HK 416 is an assault rifle manufactured by Heckler & Koch. It is of mixed German and American parentage. It is the standard weapon for the American Delta Force. It has a rate of fire of 850 rounds per minute and fires a 5.56 x 45 NATO cartridge.
7. Barret REC7
The REC7 is of American origin and is manufactured by the Barret Firearms Company. The REC7 uses the new 6.8mm Remington RPC cartridge. It has a gas operated rotating bolt action and has a muzzle velocity of 2650 ft per second. It has an effective range of 600m and a cyclic fire rate of 750 rounds per minute.
8. FAMAS
The FAMAS is manufactured I n France by the MAS located in Saint Etienne It was designed by Paul Tellie It has an effective range of 300m and a rate of fire of 1000 rounds per minute.
9. L85A2
This assault rifle is in the British Army frontline service… It is an Enfield rifle and. Has a magazine capacity of 30 rounds, fires 650 rounds a minute and has an effective range 0f 500ms.
10. G36
The G36 is of German origin and is manufactured by Heckler &Koch It fires a 5.56x45mm NATO cartridge, has got a gas operated rotating bolt action fires 750 rounds per minute and has an effective range of 600m
PR: n/a I: 3,790 L: error LD: error I: 377 C: error
assualtdefenceriflestop 10top 10 liststop ten listtop ten listsweaponsworld
Wow February 6, 2011
Im sorry but the AK47 is not one of the best rifles in the world, though most widley used the design is old, and is becoming out dated in the futuristic world we live in.
mm February 17, 2011
the famas has no right to be ahead of g36c as for the ak 47 I sure you mean ak varents because there is alot more better aks out their the ak 101 for example you also forgot the bushmaster acr still this just my opinon and I respect this list and the time you took for it.
Rebel February 21, 2011
I think both of you missed the point here…these are the most popular assault rifles in the world, not necessarily the best. And the list is pretty accurate in those terms.
Dan February 28, 2011
I'm surprised that there was the "AK-47 series of rifles", but not an "M-16 series of rifles". Numbers 4-7 are all related with the H&K 416 being the best. I guess they needed filler.
Notable missing firearms are the SIG SG-550, and the FN F2000.
The AK-47 series should not be in the #1 spot. Yes, they are reliable; and yes anyone can use them. Remember that anyone and his life are soon departed on the battlefield. The H&K 416 and the Sig 550 series rifles (my favorites)are also as reliable and are more accurate.
You should not modify my words. It becomes your post, not mine. Idiot does not equal anyone.
Richard Carpenter February 28, 2011
For most of us, full auto is out of reach. Since we cannot fire several small, light 5.56 rounds perhaps we should consider firing one large, heavy 7.62 (.308) round. American civilians need to look outside this list.
Dan March 1, 2011
The author also makes an error with the AK-47 series of rifles. The rifle was not developed by Mikhail Kalashnikov. It was co-developed with Hugo Schmeisser which very strongly resembles Schmeisser's StG44.
Ref: http://en.wikipedia.org/wiki/Hugo_Schmeisser
Steven March 10, 2011
Come on – took the G36 on tenth is just a joke.
u dont know shit March 11, 2011
u guys dont know sh*t. U think because you play modern warfare suddenly your the gun experts. I bet most of you haven't fired a REAL gun in your life.
Weapon Historian June 28, 2011
This list (or any list for that matter) is purely based on opinion unless proven by field test statistics. The Sturmgewehr 44 belongs on this list because it was the very first assault rifle ever engineered (hence the name 'sturm-assault' 'gewehr-rifle) and yes the Avtomat Kalashnikova 47 was developed by Mikhail Kalashnikov with help from Hugo Schmiesser.At the end of the day, which would you choose, a spear or a gun.
U R Dumb September 24, 2011
U chose way to many of the m16 family yet you just say ak47 family…. There are many Ak rifles such as Ak47, AKM , Mac-90, ak74u, Ak 74, Ak 101, Ak 104, aks74 etc etc…r-tard
ur face October 25, 2011
haha u guys are idiots do u know why the ak-47 is at the top of the list and no other aks r mentioned. it is because the ak-47 is a gun that could be left in a swamp for 5 years picked up and fired as if new it does not jam and the other aks r shakey ammo expensing pussies to the ak-47
mf October 27, 2011
Yes the AK-47 does sit atop the list of the best battle tested assault rifles of all time. If I had to choose one single rifle for use in any situation, anywhere on the face of the planet that would be it. Ammo and spare parts (in the slim chance something actually does break) for them can be found en-mass any place you'd need an assault rifle.
The entire AK family of weapons in general are some of the most reliable, but they don't belong lumped together while the M-16 patterned rifles are broken out.
There are others like the FN-FAL, HK G3, M-14, and Galil all belong on the top 10 list. All are tried and true designs that have seen 30+ years of service, multiple wars, repeated retirements and re-issues to armed forces around the world. These rifles are accurate enough to even be issued as intermediary sniper rifles to this day.
The styer, FAMAS, HK, Barret, and SCAR all lack any wide spread acceptance to even make a top 20 list. Considering the HK and Barret are M-16 patterned rifles anyway.
No one knows more about guns than a german October 28, 2011
**** ALL OF YOU! There can only be one! You think that M16 even deserves to live? Its a 5h17! And you think the SturmGewehr 44 is the first assault rifle? ! Its something lost and forgotten buried in the trenches of Europe. FEDOROV AVTOMAT. Look your 5h17 up before you say something about it. Video games will never show the true reality of guns because graphic developers are 455holes and don't look it up either! The. List should go like this:
AKS103
Justin R. Bruner October 28, 2011
Okay, first of all, it's ASSAULT rifles. that means it fires an intermediate round which is smaller than a rifle round but is bigger than a pistol catridge. no carbines, rifle, or machine guns.
Second of all, you can not use an entire family of guns because that adds up all of the features available creating an invalid vote.
Thirdly, Sturmgewehr 44 (its german pronounced shterm-guvare and is german for storm rifle or assault rifle) is not the first assault rifle ever built. The first one was in WWI and it was the russian Fedorov Avtomat.
Fourthly, you will never gain any knowledge of firearms from a video game because:
-recoil is too miniscule
-hip fire looks way off, as if it were arm-pit fire
-weapons never overheat
-features, details, effects are incorrect
-and finally, the name of the weapon is usually incorrect
-everything fourthly above also goes for airsoft guns
Fithly, most of you are recoilaky, which means you are too scared to fire a rifle because of it's recoil (recoil means the kick, jolt and thrust going into your shoulder) and probably none of you have even fired a real gun.
Finally, here is the real version of the list:
-HK416;the AKS-103 and the HK416 both are the same equivalence of reliability of not jamming, but the HK416 shoots at a higher fire rate and does'nt overheat.
-AKS-103; this is the AK103 (Full metal except for reciever AKM) with a folding stock. It is the modern and best version of the Kalashnikov Automatic family.
-Gewehr36 Compact; the G36C is the master of all weapons that deserve carrying handles. It also can equip the Trijicon ACOG.
-Fusil Automatique Leger; the FN FAL is the rifle that mastered the world during the falklands war. It was literally called"the f.a.l. war.
-Steyr Mannlicher Armee Universal Gewehr: my favorite rifle the AUG, is the king of bulpup, the interchangable barrel thang, the uber weapon. Rip it, or lick it.
-FAMAS F1: I'd say, the first FAMAS were fully auto while the F2 is a peice of crap 3 round burst thing. I like it.
-SCAR L: you are all dummkopfs if you think h is better than l. L=light.h=heavy. that's how it works.
-IMI Galil: you guess it has a 30 round magazine. you were wrong. it is the only weapon to hold 35 rounds as a standard magazine.
-SIG 550: it is da swiss bombe. It's awesome, suaer.
-M16A2: BURN IN HELL, ARMALITE!
BY THE WAY, I HAT THE AR15. I DID NOT PUT ACR OR XM8 ON THEIR BECAUSE THOSE WEAPONS ARE ONLY PROTOTYPES NOW, LIKE THE HKG11.
Juan Sam December 13, 2011
You forgot TAR-21 of Israel which outmatched M16, I've try to fire a real TAR-21 one and it was more comfortable than M16 or AKs…
jimmy c.c. December 26, 2011
Justin R Bribery, you've never handled a rifle before, have you? However, you'be been.doing a lot of research, and play Call of Duty, right?
Old Grunt January 16, 2012
Strange ranking, would have liked some pointing out why the gun made the list at it's respective place instead of plain information anyone can find easily.
If the list is based on service time and manufacture, AK 47 and M 16 surely belong in there, but then SCAR, HK 416 and RAC 7 surely don't belong in there or, in case of SCAR, further down.
If based on reliability, precision and allround perfomance, kick the AR 15 family straight out of there, rate AK 47 down a lot and put HK 416/417, G36 much higher, and add the TAR-21 in there! I'm pretty sure the Bushmaster ACR (Magpul Masada) also deserves a high ranking among modern combat rifles, but I have yet to meet someone who actually fired that rifle, nor have I ever seen one myself, so I can't say anything for sure about it.
Young Killa April 10, 2012
The Ak-47 is NOT one of the best assault weapons even though it's easy to handle and idiot-proof. The M-16 is way better.
David P.Curcione April 16, 2012
1.They Should Sel those Guns to Foreign Nations do need arms Sales too! Aisa ,Arabs Nations,South Afferica Nations & South American Countioes do need to buy arms immeady agreed!!! This is busineses to sel to foreign Military Forces & Police Departments of other Nations agred!!! Let get theball rolling immeadly now ! Some one get"s the Contract true! Get going make thoses sales agreed1!! The U.S.A Can get some there money to get people Working agreed!! Go!! Go!!!
Medic Wise April 24, 2012
This list is based on opinion just like every list. A top 10 for assault rifles cannot literally be accurate because one is better than the other in some ways yet another is better than another in other ways. Its based on what you value; Firepower, RPM(Rounds per minute), Mag capacity, accuracy, Effective range capabilities, reliability and more that I'll save you the time of reading. Not saying whomever posted this list is dumb or anything but this their opinion on it. If you disagree with that then tell me what about the ACR, TAR-21, Howa Type 89, Sar-21, F2000, XM-8, AK-5(Not an AK frame btw in case you thought just because it had AK in the name), FX-05 and more. But leave the poster of the list alone because Nobody can make a perfect list. Nobody told you that you had to agree.
I'm not giving my name stalker. May 22, 2012
The M4 Carbine is technically not an assault rifle, but a carbine. I'm not a gun expert but I know that.
Walter pkk June 3, 2012
M4 is the best gun……perhaps ak47 is good
someone August 29, 2012
I admire that you know the differences between the M16 M4 M416 and Rec7 but the AK47 is not the best rifles in the world. people only use them because there cheap. hell Russia isnt using AK47s that much any more. if you ask me the M16/AR15 is the greatest weapon of current times because of that the ammo is the second most common in the world, you can find parts ANYWERE, its accurate, it has a medium stopping power, and you cn configure it nto a pistol, Assault rifle and even a sniper rifle with the correct parts
James Smith January 31, 2013
First of, AK should be at 5, max! And secondly, M4 and M16 SUCKS. G36C is way better than M16
Stewart Pidashole March 2, 2013
Looks like somebody plays alot of Modern Warfare, and picked his favorites from the game.
Michael K Smith March 14, 2013
The AR-15 / M-16 is the best weapon. It placed 4th on here but notice that places 5,6,and 7 are all the same type rifle a AR-15 / M-16 just called by another name. Like someone said the AK-47 is just cheap and that is why Russia and China give them away.
Also this list did not include in FNH F2000. One very fine bulpup.
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text:
Vehicle Systems - Exterior
Silver Starts to Shift but Remains Top North American Vehicle Color
Blues and browns emerge and silver evolves as paint technology continues to advance
The color silver has topped the automotive color charts once again this year, maintaining its supremacy as the most popular car color in North America. But in the future it will take on a fresh appearance as blues, browns and greens start to surge and become infused with silver to create a new look, according to the 2006 color popularity survey results released today by PPG Industries, the world's leading manufacturer of transportation coatings.
Silver surpassed all colors among North American vehicles produced in the 2006 model year with 24 percent, down 2 percent from last year. Silver also remained the leading color for 2006 in all North American vehicle segments, with the highest share (29 percent) in the luxury category.
"Silver remains number one, but it's evolving beyond the old parameters," said Jane E. Harrington, manager, color styling, automotive coatings for PPG. "We're going to see more graphite hues and silver will shift to become a more complex color with subtle undertone tints of brown, blue, green and gold.
"Silver is going to remain popular. It's a preferred hue because it defines character lines and features on the exterior of a vehicle better than a darker color," Harrington said. "But blue is going to start grabbing some of silver's market share. Both pure tones and light values of blue are going to be strong, emerging color trends within the next few years."
Additional research conducted by PPG reveals that for the 2006 model year in North America, white was the second most popular color at 16 percent, holding steady from last year. Black and red tied for third at 13 percent each, followed by blue at 12 percent. Naturals, which include light metallic beige, copper, orange and brown, also came in at 12 percent. Green captured 7 percent and niche and specialty colors accounted for 3 percent.
New Colors for 2009-2010 Model Year
The PPG Global Design and Color Marketing Team — which consists of colorists in North America, South America, Germany, Italy, Japan, South Korea, China, Malaysia, India and Australia — developed 110 new concept colors for consideration by automotive designers for the 2009-2010 model years. The colors were recently unveiled to automakers as part of PPG's annual color show.
"In addition to blue, the natural color family is going to be an area of growth for the automotive market," Harrington said. "This new trend is based on the consumer's desire for handcrafted-looking products that are authentic and exclusive."
Harrington said she believes brighter colors are working their way back after years of silver, black and white dominating the popularity charts.
"Color is one of the first things someone notices about a vehicle. It redefines the shape and styling of a car and brings it to life," she said. "We see color inching back into the mainstream. Hues are being reinvented as they're influenced by new shades, new coating technologies and special effects."
The color experts at PPG are forecasting the following North American color trends for the 2009-2010 model years:
* Blue: The color blue will increase in popularity, with updated rich classic blues featuring sparkle effects for a unique iridescence and some shades featuring green and red casts. Medium-valued blues with silver highlights also add new dimension to the palette.
* Green: Nature-inspired textures and patterns will expand the range of greens, especially with continued consumer interest in the environment and "green" products. The color will be enhanced with a light, almost translucent hue on one end of the spectrum, while a combination of green with brown will create a new dark khaki on the other.
* Naturals: The metallic looks seen in fashion, packaging and product design are strong influences on the natural color family. Medium values will showcase subtle tones of copper and bronze, while special-effect pigments will help create contemporary and luxurious browns influenced by wood and leather products.
* Red: This classic color palette will be highly influenced by interior design, resulting in deep burgundies and bright, saturated reds. With new effect pigments, the depth and brilliance of red can be expanded.
* Neutrals: Comprised of silvers, blacks and whites, the neutral family has strong ties to fashion. Blacks with metallic effects will be the new focus. Tonal whites and pearl colors will continue to become established. Silvers will continue to develop with the addition of metallic flake and effect pigments, while a move to darker graphite colors with slight tints of brown and green will add new interest.
Recognizing that consumers yearn for the latest in technology in all aspects of their lives, PPG is turning to a more technology-focused, trend- infused showcase, inventing colors that show complexity under different lighting.
"Aluminum flakes continue to be a major component of new colors due to their brightness and size variety. They allow us to formulate colors with exceptional travel and remarkable effect," said Jerry R. Koenigsmark, manager of color design, North America, automotive coatings for PPG. "Another way PPG is showing creativity is with a tri-coat process, where a layer of clearcoat is applied over a pigmented layer of mid-coat and a solid or metallic base coat. We're developing a more colorful mid-coat layer which we're hoping will open up a whole new technology palette to designers."
The Global Design and Color Marketing Team combines research on global automotive, interior design, fashion, product design, contract and consumer markets, architectural coatings, cosmetics and packaging with insight about regional influences and knowledge of new technologies to gain a better understanding of international color preferences.
Climate Control Systems to ID Elevated Fog and Humidity 40+ Seconds Faster
VISTAGY Congratulates Renault F1 Team on Back-to-back Formula One World Championship Titles
FriCSo Receives Frost & Sullivan's 2006 Technology Innovation Award
Advanced electronic braking systems including the integration of Ford's Roll Stability Control
Steel '57 Body-In-White
Ikona to Revolutionize the Transmission Industry With Two Major Technological Breakthroughs


text:
Justia › US Law › Case Law › Texas Case Law › Texas Court of Appeals, Third District Decisions › 2013 › CNC Associates N.Y., Inc. v. Cabinets 345, Ltd.Appeal from County Court at Law No. 2 of Travis Count...
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CNC Associates N.Y., Inc. v. Cabinets 345, Ltd.Appeal from County Court at Law No. 2 of Travis County (memorandum opinion )
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00048-CV CNC Associates N.Y., Inc., Appellant v. Cabinets 345, Ltd., Appellee FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY NO. C-1-CV-12-000408, HONORABLE J. DAVID PHILLIPS, JUDGE PRESIDING MEMORANDUM OPINION This is an interlocutory appeal from the trial court s denial of a special appearance asserted by a nonresident, appellant CNC Associates N.Y., Inc., to challenge a Travis County trial court s personal jurisdiction over it with respect to claims asserted by appellee Cabinets 345, Ltd.1 Concluding that any bases for jurisdiction supported by the evidence were legally insufficient to satisfy due-process requirements, we will reverse the trial court s order and render judgment dismissing Cabinets 345 s claims against CNC for want of personal jurisdiction. In its suit against CNC, Cabinets 345 seeks recovery of approximately $115,000, plus attorney s fees, on theories of sworn account, breach of contract, quantum meruit, and promissory estoppel that are all founded on factual allegations that, in essence, CNC had purchased cabinets from Cabinets 345 but had not paid for them. In its live petition, Cabinets 345 acknowledges that CNC is a Texas nonresident identifying a business and process address in the State of 1 See Tex. Civ. Prac. & Rem. Code § 51.014(a)(7); Tex. R. Civ. P. 120a. New York and pleads that CNC had done business in Texas so as to be subject to service of process under the Texas long-arm statute specifically, that CNC had contracted in writing with [Cabinets 345] to perform in Texas. See Tex. Civ. Prac. & Rem. Code § 17.042(1).2 Cabinets 345 further pleads that [CNC s] president, Nathan Indig, agreed in writing to make payments in Texas and to venue in Travis County, Texas. CNC filed a verified special appearance3 in which, in addition to denying that it was a Texas resident, it controverted the existence of any contract between it and Cabinets 345 or any other agreement to pay Cabinets 345 in Texas.4 CNC also challenged the legal sufficiency of the jurisdictional facts Cabinets 345 had alleged, arguing the assertion of personal jurisdiction over it would violate due process i.e., that it lacked sufficient minimum contacts in or with Texas to subject it to personal jurisdiction, that it has done nothing to purposefully avail itself to the benefits of doing business in Texas, and that the exercise of jurisdiction would be unfair and that, in particular, due process would not be satisfied even if, as Cabinets 345 had alleged, CNC had contracted with Cabinets 345 or agreed to make payment in Texas.5 2 See Kelly v. General Interior Constr., Inc., 301 S.W.3d 653, 658 (Tex. 2010) ( We have consistently held that the plaintiff bears the initial burden to plead sufficient allegations to bring the nonresident defendant within the reach of the Texas long-arm statute. ) (citations omitted). 3 See id. ( Once the plaintiff has pleaded sufficient jurisdictional allegations, the defendant filing a special appearance bears the burden to negate all bases of personal jurisdiction alleged by the plaintiff. Because the plaintiff defines the scope and nature of the lawsuit, the defendant s corresponding burden to negate jurisdiction is tied to the allegations in the plaintiff s pleading. ) (citation omitted); see also Tex. R. Civ. P. 120a(1). 4 See Kelly, 301 S.W.3d at 659 ( The defendant can negate jurisdiction on either a factual or legal basis. Factually, the defendant can present evidence that it has no contacts with Texas, effectively disproving the plaintiff s allegations. ). 5 See id. at 659 ( Legally, the defendant can show that even if the plaintiff s alleged facts are true, the evidence is legally insufficient to establish jurisdiction: the defendant s contacts with Texas 2 CNC s verified special appearance shifted the burden to Cabinets 345 to present evidence of the factual basis for jurisdiction that it had alleged i.e., that it had, in fact, contracted in writing with [Cabinets 345] to perform in Texas, and, in particular, that [CNC s] president, Nathan Indig, [had] agreed in writing to make payments in Texas and to venue in Travis County, Texas. 6 Cabinets 345 attached to its live petition an affidavit from Peter Greenblum, who avers that he is an authorized agent and records custodian for the company.7 Greenblum proves up three sets of documents as business records of Cabinets 345, which are attached to his affidavit as, respectively, Exhibits A, B, and C.8 In its live petition, Cabinets 345 specifically identifies Exhibit B fall short of purposeful availment; for specific jurisdiction, that the claims do not arise from the contacts; or that traditional notions of fair play and substantial justice are offended by the exercise of jurisdiction. ); see also id. at 657 (observing that Texas s long-arm statute is intended to be coextensive with federal due-process requirements). Thus, the focus of CNC s legal challenge to personal jurisdiction was that it lacked sufficient minimum contacts to satisfy due process even with respect to a cause of action arising from or relating to those contacts i.e., specific jurisdiction let alone the far more extensive contacts required for general jurisdiction. Compare id. at 657 58 (discussing specific jurisdiction) with PHC-Minden, L.P. v. Kimberly-Clark Corp., 235 S.W.3d 163, 166 69 (Tex. 2007) (discussing general jurisdiction). For a comprehensive explanation of the underlying due-process concepts CNC is referencing, see GJP, Inc. v. Ghosh, 251 S.W.3d 854, 867 70 (Tex. App. Austin 2008, no pet.). It is ultimately not necessary for us to reiterate them fully here. 6 See Kelly, 301 S.W.3d at 659 (in response to a special appearance challenging the existence of jurisdictional facts, [t]he plaintiff can . . . respond with its own evidence that affirms the allegations, and it risks dismissal of its lawsuit if it cannot present the trial court with evidence establishing personal jurisdiction ). 7 Cabinets 345 s counsel in this case also shares the surname of Greenblum. Lest our references to Greenblum create confusion, we mean Peter Greenblum, the Cabinets 345 agent and representative who prepared the affidavit on behalf of the company, as distinguished from the attorney Greenblum, whom we will identify as Cabinets 345 s counsel. 8 Cabinets 345 also purports to incorporate this affidavit (which would include the three attachments) by reference into its petition, but we perceive the distinction to be immaterial to our analysis. 3 as the written agreement by which CNC s Indig agreed in writing to make payments in Texas and to venue in Travis County, Texas. This written agreement attached as Exhibit B consists of a form titled Confidential Credit Application that is printed on letterhead of Regency Cabinets, with a Laredo return address. Typed into the application is information reflecting that it was completed on behalf of CNC Associates D/B/A Direct Builders, to which is ascribed a New Jersey address, by Nathan Indig, who is identified as CNC s president and CEO. Following this identifying information, the form elicits references and bank information, which CNC indicates was provided on a separate document.9 After these portions of the form, which continue onto a second page, are a set of TERMS AND AGREEMENTS that immediately precede Indig s signature. The signed TERMS AND AGREEMENTS reflect that Indig agreed on behalf of CNC that, inter alia, CNC would remit payment within the terms specified on the face of the invoice, pay service and collection charges on overdue balances, and pay all amounts owed to Seller at the same Laredo address previously identified as Regency s address. Indig and CNC likewise agreed to a forumselection clause providing that venue for certain suits would be either in Webb County10 or Travis County.11 The two other exhibits to Greenblum s affidavit are probative of the existence of a relationship between Regency the party to the written agreement on which Cabinets 345 relies to establish personal jurisdiction and Cabinets 345 itself. Exhibit A consists of an account 9 The separate document is not in our record. 10 I.e., where Laredo is located. 11 Which, as the trial court observed, is where the office of Cabinets 345 s counsel happens to be. 4 statement under Cabinets 345 letterhead12 that purports to list amounts CNC owes on a series of invoices. However, beneath a heading referring to Cabinets 345, the invoice provides a return address for The Great River Cabinet Company that is in Laredo, Texas, and is a different address than the return address for Regency that is printed on the credit application. Exhibit C consists of a pair of letters from Cabinets 345 s counsel, addressed to Indig and CNC, attaching account statements similar to Exhibit A and making demand for payment on behalf of Cabinets 345.13 One of the letters alludes to a relationship between Cabinets 345, LLC, Great River, and Regency, referencing the statements previously sent by The Great River Cabinet Co. and/or Regency Cabinets, both acquired by Cabinets [345]. Similarly, in the textual portion of Greenblum s affidavit, he avers, Cabinets 345 acquired and owns The Great River Cabinet Co., and Regency Cabinets. Greenblum s affidavit and the attached exhibits proved to be the sole evidence presented by the parties regarding the written agreement on which Cabinets 345 relies to establish personal jurisdiction. Following a hearing at which only argument was presented, the trial court overruled CNC s special appearance and made findings of fact and conclusions of law in support of its order. The ultimate conclusion on which its order was founded was that [j]urisdiction in Texas and venue in Travis County, Texas is legally supported by the contract entered into by and between CNC and Regency, and therefore proper. Underlying this conclusion were two sets of findings. First, the trial court found the existence of a contract between CNC and Regency, specifically that: 12 To be precise, the letterhead identifies Cabinets 345, LLC, while the plaintiff below and appellee here has identified itself as Cabinets 345, Ltd. However, CNC does not suggest that this distinction is material, so we will assume it is not. 13 Similar to the letterhead on the account statements, counsel states that he represent[s] Cabinets 345, LLC. 5 ¢ [CNC] contracted with Regency Cabinets for CNC to purchase cabinets from Regency. ¢ CNC submitted a credit application to Regency which was signed by Nathan Indig, CEO of CNC. A copy of that credit application is part of the Petition by Cabinets 345, Ltd. . . . in this case. As for how this contract between CNC and Regency translated into personal jurisdiction over CNC with respect to Cabinets 345 s claims, the trial court found that [Cabinets 345 s] pleadings include a letter from counsel for [Cabinets 345] to CNC stating [Cabinets 345 s] allegation of the legal relationship between [Cabinets 345], The Great River Cabinet Co., and Regency Cabinets. The court further concluded that, consistent with the representations of Cabinets 345 s counsel in this letter, [Cabinets 345] acquired The Great River Cabinet Co., and Regency Cabinets. CNC brings two issues on appeal, which can be summarized as challenges to both (1) the legal sufficiency of the evidence to support the trial court s findings of a contract between it and Regency or Cabinets 345,14 and (2) whether any such findings that were supported by the evidence would, as a matter of law, satisfy the due-process prerequisites for Texas s assertion of personal jurisdiction over it.15 While CNC presents numerous subsidiary contentions in support of 14 See id. at 657, 659 & nn.7 8 (recognizing that where special appearance challenges existence of jurisdictional fact and plaintiff presents evidence to affirm the fact, trial court resolves the factual dispute, and its explicit or implicit findings are subject to review for legal and factual sufficiency of the evidence); Ghosh, 251 S.W.3d at 870 71 (same). Our standard for reviewing challenges to the legal and factual sufficiency of the evidence supporting fact findings are familiar and need not be repeated here. See, e.g., id. at 871 (summarizing both standards). 15 See Kelly, 301 S.W.3d at 657, 659 n.8 (recognizing that ultimate question of whether trial court can exercise personal jurisdiction over a nonresident defendant based on particular facts alleged or proven is one of law that we review de novo). 6 these two basic arguments, we need only consider two to conclude that we must reverse the trial court s order.16 First, CNC specifically challenges whether personal jurisdiction is supported by CNC s agreement to the forum-selection clause contained in CNC s credit application. Although the trial court s findings did not explicitly mention the forum-selection clause as one of the terms of the contract it found that CNC had formed with Regency, the court did find, to the same effect, that CNC had submitted the credit application to Regency, and it is undisputed the application contained the forum-selection clause.17 Forum-selection clauses are presumptively enforceable,18 and amount to a waiver of the due-process protections that would otherwise limit the forum state s assertion of personal jurisdiction over the signatory.19 Consequently, if CNC had in fact agreed that suit could be brought against it in Travis County, this would be a straightforward case, at least with respect to CNC s rights vis-á-vis Regency. But CNC, in essence, challenges the legal sufficiency of the evidence supporting the trial court s finding of any such agreement. We agree that while there is evidence that CNC agreed to a forum-selection provision, there is no evidence that it agreed to one that impacted its due-process rights. 16 See Tex. R. App. P. 47.1. 17 We also observe, based on the reporter s record from the special-appearance hearing, that the forum-selection provision appeared to play an integral role in persuading an initially skeptical trial court that it had jurisdiction. 18 See, e.g., In re Int l Profit Assocs., Inc., 274 S.W.3d 672, 675 (Tex. 2009) (per curiam) (orig. proceeding) (observing that [f]orum-selection clauses are generally enforceable, and a party attempting to show that such a clause should not be enforced bears a heavy burden (citing In re Lyon Fin. Servs., Inc., 257 S.W.3d 228, 232 (Tex. 2008) (per curiam) (orig. proceeding) (citing In re AIU Ins. Co., 148 S.W.3d 109, 113 (Tex. 2004) (orig. proceeding)))). 19 See Burger King Co. v. Rudzewicz, 471 U.S. 462, 472 n.14 (1985); Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 703 05 (1982). 7 To analyze the forum-selection provision at issue here, we apply principles of contract construction,20 which means that we ascertain and give effect to the intentions that the parties have objectively manifested through the words they have chosen. See Frost Nat l Bank v. L & F Distribs., Ltd., 165 S.W.3d 310, 311 12 (Tex. 2005) (per curiam); see Fiess v. State Farm Lloyds, 202 S.W.3d 744, 746 (Tex. 2006) ( As with any other contract, the parties intent is governed by what they said, not by what they intended to say but did not. ). To that end, we construe the contract in its entirety, considering each part in relation to every other part so that the effect of each part on others may be determined and that no part will be rendered meaningless. See City of Keller v. Wilson, 168 S.W.3d 802, 811 (Tex. 2005). Contract terms are given their plain, ordinary, and generally accepted meanings unless the contract itself shows them to be used in a technical or different sense. El Paso Field Servs., L.P. v. MasTec N. Am., Inc., 389 S.W.3d 802, 808 (Tex. 2012). If we can give the contract a definite or certain legal meaning, it is unambiguous and we construe it as a matter of law. Willis v. Donnelly, 199 S.W.3d 262, 275 (Tex. 2006). If, on the other hand, the contract is subject to two or more reasonable interpretations, it is ambiguous, which creates a fact issue as to the parties intent. Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd., 940 S.W.2d 587, 589 (Tex. 1996). However, lack of clarity does not create an ambiguity and [n]ot every difference in the interpretation of a contract . . . amounts to an ambiguity. Universal Health Servs., Inc. v. Renaissance Women s Grp., P.A., 121 S.W.3d 742, 746 (Tex. 2003) (quoting Forbau v. Aetna Life Ins. Co., 876 S.W.2d 132, 134 (Tex. 1994)). 20 See, e.g., Southwest Intelecom, Inc. v. Hotel Networks Corp., 997 S.W.2d 322, 324 25 (Tex. App. Austin 1999, pet. denied). 8 The forum-selection clause, as previously noted, is contained in the TERMS AND AGREEMENTS portion of the credit application, which states: The above information being submitted for the purpose of allowing Regency Cabinets to assess and/or continue to assess credit on the undersigned account. The undersigned hereby represents and warrants that the information contained herein, or submitted in connection herewith, is true and complete as of the date hereof. We hereby authorize Regency Cabinets to contact and investigate the references, including the banks listed above, and we authorize the references to release the requested information. The undersigned hereby agrees to remit payment within the terms specified on the face of the invoice. If payment is not received when due, the undersigned also agrees to pay a monthly service charge equal to one and one half percent (1½%) of the unpaid delinquent balance until the account is paid in full. If the account is placed for collection, the undersigned agrees to pay all costs and expenses of collection, including attorneys fees and expenses. The undersigned acknowledges and understands that Seller and the undersigned are obligated to pay all amounts owed to Seller at [the same Laredo address identified previously as Regency s return address]. In addition to Texas Civil Practice & Remedies Code § 15.035,[21] the undersigned agrees that suit may be brought by Regency Cabinets against Seller in Webb or Travis Counties, Texas. (Emphasis added.) The TERMS AND AGREEMENTS conclude with the forum-selection clause. Immediately below this line appears Indig s signature on behalf of CNC, and no other signatures. It is beyond dispute that CNC is the undersigned referenced throughout the TERMS AND AGREEMENTS. It is likewise unambiguous that the forum-selection clause to which CNC agreed permits Regency to sue Seller in Webb or Travis County. Seller is not defined within 21 Which provides, in relevant part: . . . if a person has contracted in writing to perform an obligation in a particular county, expressly naming the county or a definite place in that county by that writing, suit on or by reason of the obligation may be brought against him either in that county or in the county in which the defendant has his domicile. Tex. Civ. Prac. & Rem Code § 15.035(a). 9 the TERMS AND AGREEMENTS, nor in any preceding portion of the credit application. However, construed in context, Seller plainly cannot refer to CNC because the sentence immediately preceding the clause explicitly distinguishes the two, providing that the undersigned [i.e., CNC] acknowledges and understands that Seller and the undersigned are obligated to pay all amounts owed to Seller at a Laredo address corresponding to the address for Regency indicated on the letterhead of the form. See City of Keller, 168 S.W.3d at 811 (contracts must be construed in their entirety, considering the relation of each part to others so that no part will be rendered meaningless). Moreover, to the extent the ordinary meaning of a seller might be relevant to the parties intended meaning of Seller, the TERMS AND AGREEMENTS do not contemplate that CNC is or would be selling anything, as that term is commonly used, but rather purchasing goods. See El Paso Field Servs., L.P., 389 S.W.3d at 808. Although these conclusions may raise some potentially vexing questions as to who else the Seller mentioned in the forum-selection clause might have been intended to be,22 the 22 There is some textual support for construing Seller to be Regency. As previously noted, the TERMS AND AGREEMENTS indicate an address for Seller that corresponds to Regency s Laredo address. Furthermore, in a personal guarantee provision that appears below Indig s signature, and which the parties did not execute, Regency is explicitly defined as Seller. This is the sole definition of Seller that appears anywhere in the credit application. However, the definition of Seller in the guarantee provision is explicitly made applicable only hereinafter, and thus does not apply to the TERMS AND AGREEMENTS, which preceded it. But still more importantly, the forum-selection clause itself explicitly contemplates that Regency could sue Seller, which implies that the two are distinct, and would be meaningless surplusage if they were one and the same. See City of Keller v. Wilson, 168 S.W.3d 802, 811 (Tex. 2005). One possible resolution of this question would be that the Seller is a person other than CNC or Regency e.g., The Great River Cabinet Company a construction that may be contemplated by the preceding portions of the TERMS AND AGREEMENTS obligating CNC to pay invoices within the terms specified on the face of the invoice, but not specifying that Regency would necessarily be the person that issued such invoices or was paid thereunder. See id.; 10 TERMS AND AGREEMENTS, as written, are simply not susceptible to the construction that the Seller is CNC. Nor has Cabinets 345 pleaded or presented evidence to support any theory by which a court could disregard this unambiguous language. Accordingly, we cannot construe the forum-selection clause to represent CNC s consent to the personal jurisdiction of a Travis County court with respect to any suits brought against CNC by Regency or others, or to otherwise waive CNC s due-process protections against being haled into court there without having the required minimum contacts with Texas. This brings us to CNC s second argument that is dispositive of this appeal, which is to the effect that the trial court did not find the existence of a contract between CNC and Regency that would satisfy the due-process prerequisites for asserting personal jurisdiction over it (apart from any findings based on the forum-selection clause, which, as indicated, lack evidence to support them). Again, we agree. The bare fact that a nonresident defendant has contracted with a Texas resident does not, in itself, suffice as the minimum contacts due process requires. See Michiana Easy Livin Country, Inc. v. Holten, 168 S.W.3d 777, 786 (Tex. 2005) ( [T]he United States Supreme Court has emphatically answered the question whether a single contract with a Texas resident can automatically establish jurisdiction the answer is clearly that it cannot. (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 n.18 (1985))).23 Both high courts have rejected such mechanical tests, Burger King, 471 U.S. at 478 (quoting International Shoe Co. see also Columbia Gas Transmission Corp. v. New Ulm Gas, Ltd., 940 S.W.2d 587, 591 (Tex. 1996) (recognizing that text of contractual provisions may be construed in the context of the circumstances surrounding the formation of the contract. ) (citations omitted). Regardless, what ultimately matters here is that Seller plainly cannot be CNC under the TERMS AND AGREEMENTS as written. 23 CNC also challenges whether there is legally sufficient evidence that Regency is a Texas resident. Our analysis assumes without deciding that it is. 11 v. Washington, 326 U.S. 310, 319 (1945)), and conceptualistic . . . theories of the place of contracting or of performance, id. at 478 79 (quoting Hoopeston Canning Co. v. Cullen, 318 U.S. 313, 316 (1943)), in favor of a highly realistic approach that recognizes that a contract is ordinarily but an intermediate step serving to tie up prior business negotiations with future consequences which themselves are the real object of the business transaction. Id. at 479 (quoting Hoopeston Canning Co., 318 U.S. at 316 17). It is these factors prior negotiations and contemplated future consequences, along with the terms of the contract and the parties actual course of dealing that must be evaluated in determining whether the defendant purposefully established minimum contacts within the forum. Id. In other words, contacts, not the existence of a contract, per se, are what matters. See Michiana, 168 S.W.3d at 787. The contacts between CNC and Texas found by the trial court ultimately boil down solely to CNC s agreement in the credit application to pay any invoices to Seller at a Laredo address. There are no findings or evidence regarding such potentially relevant facts as any preliminary negotiations involving Regency or other companies personnel located in Texas, whether the cabinets in question were manufactured in Texas,24 or whether the goods were shipped from there. In contrast, as both parties seemed to acknowledge below, the focus of the parties dealings was to procure cabinets for a project in New York. Without more, we agree with CNC that the trial court s findings are not sufficient as a matter of law to support its assertion of personal jurisdiction. See KC Smash 01, LLC v. Gerdes, Hendrichson, Ltd., L.L.P., 384 S.W.3d 389, 393 94 24 In fact, there was some indication by counsel during the hearing (but, again, no evidence) that the cabinets were fabricated in Mexico. 12 (Tex. App. Dallas 2012, no pet.); Blair Commc ns, Inc. v. SES Survey Equip. Servs., Inc., 80 S.W.3d 723, 727 30 (Tex. App. Houston [1st Dist.] 2002, no pet.). Persuaded that the trial court lacked personal jurisdiction over CNC,25 we must reverse its order denying CNC s special appearance and render judgment dismissing Cabinets 345 s suit against it. __________________________________________ Bob Pemberton, Justice Before Justices Puryear, Pemberton, and Rose Reversed and Rendered Filed: August 30, 2013 25 In this regard, we should note that Cabinets 345 opted not to file a brief on appeal. 13


text:
\section{Introduction}
Low dimensionality, geometrical constraints and interactions between
classically diffusing particles are expected to modify transport
coefficients and/or the nature of the asymptotic regimes. As a
trivial example, a brownian particle subjected to a purely reflecting wall
has a anomalous drift, its average position increasing as $t^{1/2}$,
(which corresponds to a vanishing velocity)
whereas the centered second moment has a normal diffusive
spreading  with a lowered diffusion
constant as compared to the diffusion without barrier. In the case of two
particles with a contact repulsion, each of them plays for the other
the role of a {\it fluctuating} boundary condition which affects both the
transport coefficients linked to the average position and the mean square
deviation.
The aim of this letter is to discuss such questions in the general
case of $N$ mutually interacting particles with a hard-core
interaction.

Classical diffusion with interactions does not seem to have drawn so much
attention. A notable exception is the so-called ``tracer problem''
defined as the diffusion of a tagged particle in an infinite sea of
other diffusing particles. The one-dimensional model was first solved by
Harris \cite{har65} and
discussed in subsequent papers \cite {vanB83,brum88}. The main result
is that the mean square dispersion of the position, $\Delta x^{2}$,
displays a subdiffusive behaviour, which originates from the fact that the
motion of the tagged particle is,
anywhere and at any time, hindered by all surrounding particles. In
one dimension Harris found that $\Delta x^{2}$ grows as $t^{1/2}$ at large
times; this implies that the typical distance travelled by the tracer at
time $t$
goes like $t^{1/4}$ instead of $t^{1/2}$ in the free case.
More recently, Derrida et al. \cite{der:muk} found several exact results
for the asymmetric simple
exclusion process \cite{lig85}; recent bibliography and other
results on such subject can be found in Mallick's thesis \cite{mal96}.

The problem here considered is frankly different, although it belongs
to the so-called single-file diffusion problem encountered in many
fields (one-dimensional hopping conductivity \cite{rich},
ion transport in biological membranes \cite{nener,sack},
channelling in zeolithes \cite{kukla}). At some initial
time, a compact cluster of $N$ pointlike particles is launched at the
origin of a one-dimensional space; each of them undergoes ordinary brownian
motion
but has a contact repulsive interaction with its neighbours. As a
consequence, the particles located at the egde of the cluster can move
freely
on one side and are subjected to a fluctuating boundary condition on
the other, whereas the particles inside the cluster are subjected to
such boundary conditions on either side.

The questions to be solved
are to find the (anomalous) drift of one particle and its diffusion
constant as a function of the position within the cluster and of the
number of $N$. In addition, two-particle correlations are worthy to be
analyzed, as well as the asymptotic one-body probability distributions.

\section{One-particle transport coefficients}
At the initial time, the $N$ particles are assumed to form a compact
cluster located at the origin $x=0$, each of them having the same
diffusion constant $D$ as all the others. Due to the contact repulsion, two
particles can never cross each other, so that order in space is
preserved at any time; this means that the $N$ coordinates $x_{i}$
can be labelled so that:
\begin{equation}
x_{1}\,<\,x_{2}\,<\, \ldots \,<\, x_{N} \qquad \forall t
\enspace.\label{xord}
\end{equation}
The solution of the diffusion equation for such an initial condition
is the following:
\begin{equation}
p(x_{1},x_{2},\ldots,x_{N};t) =
N!\prod_{n=1}^{N}\frac{{\rm e}^{-x_{i}^{2}/(4Dt)}}{\sqrt{4\pi Dt}}\
\prod_{n=1}^{N-1}
Y(x_{i+1}-x_{i}) \enspace,\label{PN}
\end{equation}
where $Y$ is the Heaviside unit step function ($Y(x)=1$ if $x>0$, $0$
otherwise). In a recent and important paper \cite {Rod98}, the general
formal solution of the same problem
with an arbitrary initial condition was given, using the reflection
principle.
>From eq. (\ref {PN}), one readily gets the reduced one-particle density
for the $n^{\rm th}$ particle of the cluster:
\begin{equation}
p_{n}^{(1)}(x;t)\,=\,
\frac{2^{1-N}N!}{(n-1)!(N-n)!}\left[1+\Phi\left
(\frac{x}{\sqrt{4Dt}}\right)\right]^{n-1}
\left[1-\Phi\left(\frac{x}{\sqrt{4Dt}}\right)\right]^{N-n}
\frac {{\rm e}^{-x^{2}/(4Dt)}}{\sqrt{4\pi Dt}}
\enspace.\label{pnN}
\end{equation}
In the last equation, $\Phi$ denotes the probability integral \cite
{Gr:Ry}, satisfying $\Phi(\pm\infty)=\pm 1$. The two factors $(1\pm\Phi)$
represent the steric effects on the
$n^{\it th}$ particle due to the other ones. Knowing $p_{n}^{(1)}$, it is
in principle possible to compute the
first few moments giving the average position and the mean square
dispersion for anyone of the particles. As a first result, one
immediately observes that any moment of the coordinate has a quite simple
variation in
time, at any time, not only in the final stage of the motion. Indeed,
using eq. (\ref {pnN}), it is readily seen that the the $k^{{\rm th}}$
moment $<x_{n}^{k}>$ increases at any time as $t^{k/2}$
since $(Dt)^{1/2}$ is the only lengthscale
of the pro\-blem. As a consequence, $\forall t$, the average coordinate
of the $n^{{\rm th}}$ particle $<x_{n}>(t)$ increases
as $t^{1/2}$ -- except for instance for the central particle of the cluster
when $N$ is
odd --, whereas the mean square displacement
$\Delta x_{n}^{2}\,\equiv\,<x_{n}^{2}>\,-\,<x_{n}>^{2}$ increases as $t$.
The drift, due to left-right symmetry breaking, is thus
always anomalous and the diffusion
is always normal. As a consequence, one can define, $\forall n$ and
$N$, the following transport coefficients $V_{1/2,\,n}$ and $D_{n}$:
\begin{equation}
<x_{n}>\,=\,V_{1/2,\,n}(N)\,t^{\frac{1}{2}}
\enspace,\label{x1n}
\end{equation}
\begin{equation}
\Delta x_{n}^{2}\,=\,2D_{n}(N)\,t\enspace,\label{deltax2n}
\end{equation}
It remains to find the functions $V_{1/2,\,n}(N)$ and  $D_{n}(N)$,
which incorporate the dependence of the transport coefficients upon
the number of particles. For $N=2$, one readily finds:
\begin{equation}
<x_{2}>\,=\,-\,<x_{1}>\,=\,\sqrt{\frac{2}{\pi}Dt}
\enspace,\label{x12}
\end{equation}
and
\begin{equation}
\Delta x_{n}^{2}\,=\,2(1-\frac{1}{\pi})\,t\enspace.\label{deltax22}
\end{equation}
In the case of a non-fluctuating (fixed) perfectly reflecting barrier, one has:
\begin{equation}
<x>\,=\,\sqrt{\frac{4}{\pi}Dt}
\qquad \Delta x^{2}\,=\,2(1-\frac{2}{\pi})\,t
\enspace.\label{fixe}
\end{equation}
Thus, for a cluster of two particles, each of them acting for the
other as a
fluctuating barrier, the drift is slowered and the
diffusion is enhanced as compared to a fixed barrier. These facts are
easily understood on physical grounds.

Unfortunately, it does not seem possible to write the exact
expressions of $V_{1/2,\,n}$ and $D_{n}$
in a closed, tractable form, starting
from eq. (\ref {pnN}). On the other hand, since it is worthy to analyze
the case of a large number $N\gg 1$ and since the factors involving
the $\Phi$'s functions
have rather sharp derivatives, especially when $N$ is large, it is
expected that a
gaussian approximation can indeed produce the correct large-$N$ variation of
the $V_{1/2,\,n}$ and  $D_{n}$.

Let us first consider one of the two particles located at one
extremity of the cluster, the right one for instance. From eq. (\ref
{pnN}), the one-body density can be written as ($u\,=\,x/\sqrt{4Dt}$):
\begin{equation}
p_{N}^{(1)}(x;t)\,=\,\frac{1}{\sqrt{4Dt}}\,\frac{d}{du}
\left[\frac{1+\Phi(u)}{2}\right]^{N}
\enspace.\label{pNN}
\end{equation}
This expression naturally has the form encountered in the statistics of
extreme
values \cite {gum}. When $N\gg 1$, this is a very sharp function with a
maximum $u_{0}$
defined by:
\begin{equation}
\frac{{\rm e}^{-u_{0}^{2}}}{u_{0}}\,\simeq\,\frac{2\sqrt{\pi}}{N}
\enspace.\label{u0}
\end{equation}
Making now a gaussian approximation for $p_{N}^{(1)}(x;t)$, one
readily finds, up to logarithmic corrections:
\begin{equation}
<x_{N}>\,=\,-\,<x_{1}>\,\simeq\,\sqrt{\ln\frac{N}{2\sqrt{\pi}}}\,\sqrt{4Dt}
\enspace.\label{x1Ngauss}
\end{equation}
Thus, for large $N$, the coefficient for the anomalous drift has a
logarithmic increase with respect to the number $N$ of particles of
the cluster:
\begin{equation}
V_{1/2\,N}(N)\,\propto\,(\ln N)^{1/2}
\enspace.\label{VNgauss}
\end{equation}
The fact that $V_{1/2\,N}$ increases with $N$ is evident on physical
grounds (all the ``inside" particles are pushing on those which are at
the edges), but this increase is extremely slow.
In addition, the same approximation yields:
\begin{equation}
\Delta x_{N}^{2}\,=\,\Delta x_{1}^{2}\,\simeq
\,\frac{{\rm e}^{2/3}}{(2\pi)^{1/3}\ln\frac{N}{2\sqrt{\pi}}}\,Dt
\enspace,\label{deltax2Ngauss}
\end{equation}
so that:
\begin{equation}
D_{1}(N)\,=\,D_{N}(N)\,\propto\,(\ln N)^{-1}
\enspace.\label{DNgauss}
\end{equation}
Although the diffusion is normal, the diffusion constant decreases
and tends toward $0$ for infinite $N$. In a pictorial way, the more
there are particles pushing on its back, the less quickly spreads any
one of the edge particles on either side of its average position,
which drifts proportionnally to $t^{1/2}$. Note that, from eqs. (\ref
{x1Ngauss})
and (\ref {deltax2Ngauss}), the relative fluctuations for the edge
particles behave as $(\ln N)^{-1}$; this extremely slow decrease of
fluctuations, as compared to $N^{-1/2}$ in ordinary cases, implies that
convergence toward a large-number law, if any, is quite poor.

The correctness of the gaussian approximation for the two first
moments was checked by numerically
computing the exact average position and exact mean square
displacement and by looking
at $<x_{N}>/[4Dt\,\ln(N/2\sqrt{\pi})]^{1/2}$ and
$[\Delta x_{N}^{2}/(4Dt)]\ln\frac{N}{2\sqrt{\pi}}$. Fig. 1 displays
the rather rapid
convergence of such quantities toward constants at large $N$,
confirming the validity of the gaussian approximation at least for the
two first moments.

Obviously, things go quite differently for the particle located at the
center of
the cluster, assuming $N$ to
be an odd number for simplicity. First, it does not move in the mean. Second,
it must
have a rather small diffusion constant as compared to the edge
particles, since it is strongly inhibited
by its numerous erratic partners on either side of it. Indeed, the gaussian
approximation yields:
\begin{equation}
\Delta x^{2}_{(N+1)/2}\,\simeq
\,\frac{\pi}{N}Dt\enspace.\label{x2center}
\end{equation}
This provides the large-$N$ dependence of the diffusion constant for
the central particle:
\begin{equation}
D_{(N+1)/2}(N)\,\propto\,\frac{1}{N}\enspace,\label{Dcentre}
\end{equation}
entailing that the fluctuations are now of the
order of $1/\sqrt{N}$.

Thus, in any case, the diffusion is normal, as contrasted to the Harris'
case for which $\Delta x^{2}\propto\,t^{1/2}$. Yet, note that in the
$N\rightarrow\infty$ limit, both $D_{N}$ and $D_{(N+1)/2}$ vanish,
which indicates a lowering of the dynamical exponent. The vanishing in
all cases
of the diffusion constants in the $N$-infinite limit signals the
onset of a subdiffusive regime in the finite concentration situation.
Considering the middle particle, which is surrounded by infinitely
many other, this is in conformity with Harris'
result. For the two edge particles, the marginal logarithmic
decrease of $D_{N}$ comes from the fact that the former still
face a free semi-infinite space to wander in.

Note that the scaling upon $N$ as described by eqs. (\ref{VNgauss}) and
(\ref{DNgauss}) are the same as those obtained in ref. \cite{boumez};
nevertheless, the asymptotic distribution law is not of the Gumbel
type (see below).
\section{Correlations}
Statistical correlations inside the cluster are also worthy to analyze.
As an example, let us consider the correlations between the two edge
particles. For the latter, the two-body probability density is easily found
from eq. (\ref{PN}) as the following:
\begin{equation}
p_{1\,N}^{(2)}(x_{1},x_{N};t)\,=\,	\frac{N(N-1)}{\pi\,2^{N}Dt}\,
\left[\Phi(u_{N})-\Phi(u_{1})\right]^{N-2}{\rm e}^{-(u_{1}^{2}+u_{N}^{2})}\,Y(u_{N}-u
_{1})
\enspace.\label{pRL2}
\end{equation}
Two-body correlations are most simply measured
by $C_{1\,N}\,=\,<x_{1}x_{N}>-<x_{1}><x_{N}>$; making again a gaussian
approximation
for the two-body density, this correlator has the following approximate
expression:
\begin{equation}
C_{1\,N}(t)\,\simeq \,  4\ln \frac{N}{2\sqrt{\pi}}\,Dt\enspace.\label{CRLN}
\end{equation}
Due to scaling in space, the normalized ratio $C_{1\,N}(t)/\Delta
x^{2}_{1}$ is a constant in time.
This constant turns out to be an {\it increasing}  function of the number
$N$ of particles; from eqs. (\ref{x1Ngauss}) and (\ref{deltax2Ngauss}), one
finds:
\begin{equation}
\frac{C_{1\,N}(t)}{\Delta x^{2}_{1}}\,\simeq \,4\,\left(\frac{2\pi}
{{\rm e} ^{2}}\right)^{1/3}\,\left[\ln
\frac{N}{2\sqrt{\pi}}\right]^{2}\enspace.\label{CRLNNorm}
\end{equation}
Thus, increasing the number of inner particles {\it enhances}, although
quite slowly, the correlations between the two edge particles. Far
from inducing some kind of screening effect, repeated numerous collisions
from inner particles enhance the statistical correlations between the
edge particles. In a pictorial way, it can be said that the former
act as ``virtual bosons" by going from one to the other edge particles;
the more they are, stronger is the effective (statistical) coupling.

\section{Asymptotic distribution laws}
Interestingly enough, it is also posible to obtain the asymptotic form
of the one-body distribution given by eq. (\ref {pnN}). For the right
particle ($n=N$), starting from eq. (\ref{pNN}), one easily finds, with still
$u=x/\sqrt{4Dt}\,>\,0$ :
\begin{equation}
p_{N}^{(1)}(x, t)\,\simeq \,\frac{N}{\sqrt{4\pi
Dt}}\,\left(1+\frac{1}{2u^{2}}\right)\,
{\rm exp}\left[-u^{2}\,-\frac{N}{2u\sqrt{\pi}}\,{\rm e}^{-u^{2}}\right]
\enspace.\label{p1Nas}
\end{equation}

The maximum occurs for $u\simeq u_{0}$ and the front is clearly
asymmetric around $u_{0}$ -- although the gaussian approximation, as shown
above, well
accounts for the large-$N$ dependence of the two first moments
(expectation value and fluctuations).
This asymmetry represents the pressure exerted by the inner
particles on the edge ones. For the left particle, one simply has
$p_{1}^{(1)}(x, t)=p_{N}^{(1)}(-x, t)$.
Fig. \ref{compppas} shows that the large-$N$ expression, eq. (\ref
{p1Nas}), reproduces
quite well the exact $p_{N}^{(1)}$ even for a moderately large value of
$N$. From eq. (\ref {p1Nas}), it is seen that $p_{N}^{(1)}(x, t)$ is
not exactly a Gumbel distribution; on the other hand, the rescaled
variable $u^{2} - \ln(N/2\sqrt{\pi})$ has, up to logarithmic
corrections, the same dependence upon $N$ as a true Gumbel variable
as far as the two first moments are concerned.

As constrasted, starting again from eq. (\ref {pnN}) for the central
particle ($n=(N+1)/2$), the asymptotic form of
the one-body density turns out to be simply the following normal law:
\begin{equation}
p_{(N+1)/2}^{(1)}(x, t)\,\simeq \,\frac{1}{\pi}\,\sqrt{\frac{N}{2 Dt}}\,
{\rm e} ^{-Nx^{2}/(2\pi Dt)}
\enspace,\label{p1Nasmil}
\end{equation}
in agreement with eq.(\ref {x2center}).

\section{Acknowlegdements}
I am indebted to Jean-Philippe Bouchaud for a helpful discussion on
the statistics of extremes.

\vskip-12pt

redpajama_set_name: RedPajamaArXiv


Join us for a day of exploring Copperplate script variations! Copperplate script is a generic term for a classic script characterized by contrasting thick and thin strokes. It is a pointed pen script that evolved from a handwriting system developed in the mid 17th century called English Roundhand. We will begin our adventure by taking a look at formal versions of the script based on the Zanerian Manual's Engrosser's Script. Then, we will examine other exemplars of other penmen, past and present, to study similarities and differences within the same family of scripts. After, we will explore an array of variables such as letter slant, shading, spacing, etc. with the goal of discovering our own unique preferences and style of Copperplate script letters and numbers. *Some pointed pen experience needed.
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text:
Down by the River: A Family Fly Fishing Story
by Andrew Weiner, April Chu
ISBN10: 141972293X
One beautiful autumn day, Art sets out with his mother and grandfather for a fishing trip. Fishing days are Art's favorite. He loves learning the ropes from Grandpa — the different kinds of flies and tackle and the trout that frequent their favorite river. Art especially appreciates Grandpa's stories. But, this time, hearing the story about Mom's big catch on her first cast ever makes Art feel insecure about his own fishing skills. But, as Art hooks a beautiful brown trout, he finds reassurance in Grandpa's stories and marvels in the sport and a day spent with family, promising to continue the tradition with his own grandkids generations later.
Illustrated with lush imagery by rising star April Chu, Down by the River celebrates fishing, family, and fun.
"Patient text for a patient sport, this is a quiet book that rewards. The stream and fish draws each generation to it. Makes me want to wade and wait and watch." Nikki McClure, author/illustrator of Collect Raindrops: The Seasons Gathered
"This is a beautiful book; fun and informative to read, lovely to look at and simple enough for kids without being simplistic. I'd recommend it to children with an interest in fly-fishing or to parents who'd like to spark that interest. For that matter, I'd also recommend it to some of my more extreme fly-fishing friends for its humble, humane view of a sport that sometimes gets too fast-paced and competitive." John Gierach, bestselling author of A Fly Rod of Your Own
"This is a much needed and beautiful introduction, through story and drawings, to the wondrous world of fly fishing. Weiner's text weaves a lovely tale of a family outing on the river with detailed but not overwhelming technical information about our much loved past-time. With dialog and instruction between a boy, his mother and his grandfather (accompanied by their dog!) Down by the River connects us to nature as well as to a fabled tradition of angling literature originating with Izaak Walton's Compleat Angler of 1653. April Chu's drawings are exquisite!" James Prosek, author of Trout: An Illustrated History and Trout of the World
"I read Down by the River to my five-year-old granddaughter before fishing the next day. She loved it. It added a lot of excitement and knowledge to her fishing experience." Yvon Chouinard, Founder of Patagonia Inc.
Andrew "Andy" Weiner is a longtime publishing professional and an avid fly-fisher. He lives in Albany, California.
April Chu is an architect and an illustrator of children's books, including Ada Byron Lovelace and the Thinking Machine and In a Village by the Sea. She lives in Oakland, California.
HARRY N ABRAMS INC
P to 3
Andrew Weiner
April Chu
New, Hardcover, $17.99


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Up for sale is my 1972 Volvo 1800E coupe. B20F fuel injected engine and M41 manual transmission. Color is Sun Yellow and it has nice black vinyl interior. Needs full restoration. Runs off of a gas can and moves. No battery included. Used one from another vehicle. No brakes at all (not working). Number 3 injector is bad. Alternator is frozen. Good compression. Rare last year of coupe. Radio and center console lock are not included.Clear Delaware title in my name. Last inspection was in 1987. Has been off the road for 30 years. Pick up in Newark, Delaware 19702. Sold as is, no refunds. Shipping is the responsibility of the buyer. I ask that it be picked up within 10 days as I am limited on space. A $250.00 non-refundable deposit is due within 24 hours, full payment within 3 days. International bidders are welcome, however, shipping and pick up arrangements are the sole responsibility of the buyer. Thank you for looking.