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Photo: David Duprey/APPhoto: David Duprey/AP
California Supreme Court Overturns Murder Conviction Based on Flawed Bite-Mark Evidence
The court overturned the 1997 conviction of Bill Richards for the murder of his wife, Pamela, finding that false forensic testimony had impacted the outcome of his trial.
May 27 2016, 1:15 p.m.
In a unanimous ruling released Thursday, the California Supreme Court overturned the 1997 conviction of Bill Richards for the murder of his wife, Pamela, finding that false forensic testimony had impacted the outcome of his trial. "Needless to say, we are thrilled," said Richards's attorney Jan Stiglitz, a founder of the California Innocence Project, which has represented Richards for the last 15 years. "It's been a long time coming."
Richards's controversial conviction for Pamela's grisly 1993 murder has long been considered a clear case of wrongful conviction that was based on the discredited science of bite-mark analysis. Indeed, it took the state four attempts to convict Richards — two full trials ended in a hung jury and a third ended in a mistrial during jury selection — and prosecutors were successful only after putting on the stand a legendary forensic dentist who testified that Richards's highly unique lower dentition was a match for a bite mark found on Pamela's hand. The dentist, Norman "Skip" Sperber, told the jury that based on his 40-plus years in the field, he could say that out of 100 people, only "one or two or less" would have the same "unique feature" in their lower teeth.
In fact, however, Sperber was wrong. In 2008 he recanted his testimony, saying that he had cited statistics that lacked scientific support and never should have done so, "because it's inappropriate to cite percentages or things resembling percentages unless there has been some prior scientific study" to back up the assertion. Based on Sperber's recantation (and that of another dentist, Greg Golden, who testified for the defense, along with additional testimony about new DNA evidence that matched an unknown male), a district judge in 2009 said that the evidence now before the court pointed "unerringly" to Richards's innocence.
The state appealed that decision and in 2012 the California Supreme Court agreed, knocking down the trial court's ruling. The decision, which split the justices 4-3 in favor of upholding Richards's conviction, was tortured: In a decision that was derided as the worst of the year by California Lawyer magazine, the court ruled that expert testimony was merely opinion and therefore could never be considered true or false.
In response, California lawmakers amended the state's penal code with a measure known as the Bill Richards Bill. That law, which allowed Richards to again appeal his case, made clear that a conviction could be overturned based on an expert recantation or when the science underlying the original testimony had changed.
This time around, the entire court agreed that Sperber's testimony was false, the bite-mark evidence was material to the case, and there was a reasonable probability that the evidence had impacted the outcome of Richards's trial. The court noted that aside from the alleged bite mark, there was only circumstantial evidence to suggest Richards had killed his wife — and in its analysis the court seems to have concluded that none of it was particularly persuasive.
It was clear that Pamela had struggled violently with her attacker, for example, but Richards showed no sign of being injured on the night his wife was murdered. The court found that "unusual." Investigators found no foreign footprints at the murder scene, but that was "not remarkable," given the desert landscape of the couple's rural San Bernardino County property. Police said they were immediately suspicious of Richards in part because he was able to identify for them a concrete block and a paving stone that were used to bludgeon his wife — but that too wasn't exactly persuasive of guilt, since the bloody items were found near her body. "Accordingly, with the exception of the bite-mark evidence, the defense had a substantial response to much of the prosecution's evidence against [Richards]," the court concluded. "Under these unique circumstances, it is reasonably probable that the false evidence presented by Dr. Sperber at petitioner's 1997 jury trial affected the outcome of that proceeding."
The ruling is not only a victory for Richards — though the state could still decide to retry him — but it is also a victory for lawyers who work to exonerate the wrongly convicted. The Richards case was the first test of California's junk-science statute, which is only the second such law in the country (Texas's came first). The court's plain interpretation bodes well for the future of such laws, and for the wrongfully convicted, who face a particularly brutal legal climate in California.
Generally, in order to obtain relief, a wrongfully convicted inmate in California must present a state court with new evidence that "points unerringly to innocence" — an almost impossibly high standard. Not even DNA evidence from some unknown person collected from the murder weapons and from Pamela's fingernails was enough to vacate Richards's conviction. The new junk-science statute "makes for an easier path in any situation where the conviction was based on discredited science," Stiglitz said in a brief interview shortly after the court's ruling was released.
Experts say that Richards's case is a prime example of the dangers of allowing junk science into evidence in the first place. Richards's "wrongful conviction was preventable," wrote Chris Fabricant, director of strategic litigation for the Innocence Project, in an email to The Intercept. "The bite-mark evidence should never have been introduced in the first instance." Nationally, he said, Richards is the third bite-mark conviction overturned in the last eight months, "and demonstrates, once again, that any conviction resting on bite-mark evidence is inherently unreliable."
Michael Bowers, a Ventura, California, lawyer and forensic dentist — and longtime critic of bite-mark evidence — noted that Richards's case "emphasizes the dangers invalidated forensic examiners and bite-mark opinions create for innocent criminal defendants." And he suspects that, in part, the case will serve as a potent example of why the "use of inadequately researched methods like bite marks" should cease in criminal prosecutions.
The California Supreme Court's ruling kicks the case back to San Bernardino District Attorney Michael Ramos, who will now have 60 days to decide whether his office will seek to try Richards for the fifth time. A spokesperson for the office did not immediately reply to an email from The Intercept seeking comment. For now, Richards will be released from state prison and moved to the custody of local law enforcement in San Bernardino County pending the DA's decision.
How the Flawed Science of Bite-Mark Analysis Imprisoned a Man for Murder
Junk Science on Trial in Bill Richards Bite-Mark Appeal
Viva 4N6: In Las Vegas, Embattled Forensic Experts Respond to Scandals and Flawed Convictions
Jordan Smith[email protected]theintercept.com@chronic_jordan


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Ghana Home
Some 'easy' groups await Africa's giants, but they must beware overconfidence
FIFA World Cup Qualifying - CAF 11 hours ago Ed Dove
WC qualifiers: South Africa, Ghana in same group
FIFA Club World Cup 2 days ago ESPN
Seven bold predictions for African football in 2020
Kaizer Chiefs Jan 9, 2020 Ed Dove
Ghana fire all national coaches at every level
Ghana Jan 3, 2020 Reuters
Ghanaian football's revival begins as the Ghana Premier League returns
Ghanaian Premier League Dec 29, 2019 Ed Dove
ISL: NorthEast United vs Chennaiyin postponed due to Guwahati curfew
Indian Super League Dec 11, 2019 PTI
Afcon qualifiers: Ghana beat Bafana; Algeria win
Africa Cup of Nations qualifying Nov 14, 2019
Scrutiny on coaches as Black Stars, Bafana Bafana open AFCON 2021 journey
Africa Cup of Nations qualifying Nov 13, 2019 Brian Lee
Africa Cup of Nations 2021 qualifiers: The road to Cameroon begins
Africa Cup of Nations qualifying Nov 13, 2019 Ed Dove
Africa's wasted potential: U17 World Cup stars that faded fast
FIFA Under-17 World Cup Oct 26, 2019 Ed Dove
ESPN's WAFU Cup of Nations Awards
WAFU Cup of Nations Oct 15, 2019 Ed Dove
Senegal crowned WAFU champions - As It Happened
WAFU Cup of Nations Oct 12, 2019 ESPN
Hosts Senegal face holders Ghana in new-look WAFU Cup final
WAFU Cup semifinal preview: Intensity makes hosts Senegal the favourites
WAFU Cup of Nations Oct 8, 2019 Ed Dove
Ghana's Konadu eyes WAFU Cup gold... and CHAN redemption
Burkina Faso eye Ghana win as rebuilding exercise continues
By Ed Dove
2022 World Cup draw: Some 'easy' groups await Africa's giants, but they must beware overconfidence
The 40 African nations still standing in the qualifying campaign for the 2022 World Cup learned the identities of their group stage opponents during a star-studded event at The Nile Ritz-Carlton in Cairo on Tuesday, but not everyone will be happy with their lot.
Teams were drawn into 10 groups of four teams, with the winners of each pool set to advance to two-legged playoffs.
Here's ESPN's group-by-group guide to the 10 pools in light of Tuesday's draw; who are the winners and losers from the second...
FIFA World Cup Qualifying - CAF
World Cup qualifying: South Africa, Ghana face tough roads to Qatar
Craig Burley praises Sadio Mane, after the Liverpool and Senegal star won the CAF African Player of the Year.
Cameroon, Ivory Coast, Ghana, and South Africa face tough roads to Qatar as African qualifying competition for the 2022 World Cup was unveiled on Tuesday.
Group D, which features regional powers Cameroon and Ivory Coast, will also include Mozambique and Malawi.
Ghana and South Africa, already paired together in the qualifiers for the 2021 Africa Cup of Nations, will join Zimbabwe and Ethiopia in Group G.
In total, 40 teams were into 10 groups of four teams, with the group winners advancing to...
This week's Confederation of African Football Awards in Egypt brought the curtain down on another 12-month cycle in the African game, with Sadio Mane, Asisat Oshoala and Achraf Hakimi foremost among those honoured.
While the ceremony represents an opportunity for African football to look back over the previous 12 months and take stock, it's also an ideal occasion to look forward and predict how the next year will look. Here are seven predictions for the next 12 months of African football.
Naby Keita...
Nicholas Pepe
Ghana FA sack all coaches at every level for men's, women's teams
Kwese Appiah has been sacked as manager of Ghana's men's national team.
Ghana's Football Association (GFA) has sacked the coaches of all their men's and women's national teams, the country's governing body has said.
The GFA did not give a reason for the move but its president Kurt Okraku, who was appointed in October, promised to "build a new association" following allegations of bribery and corruption in a documentary filmed by an investigative journalist.
It brings to an end Kwesi Appiah's second reign as the national team coach. He was appointed a second time in...
After 570 days without a domestic top flight, Ghanaian football takes a major step in its rebuilding process when the Ghana Premier League returns with a series of fixtures across the country on Sunday.
Matchday One will draw a line under the unhappiest period in Ghana's footballing history, as the nation's sporting structures have been torn apart and -- steadily -- rebuilt following an expose that shook Ghanaian sport to the core.
Ghanaian football's implosion began on June...
Ghanaian Premier League
News - FC Frontpage

redpajama_set_name: RedPajamaCommonCrawl


UPDD driver suite for Windows, MacOS, Linux, Android, Solaris and Win CE.
Our drivers can be used to add touch support where none exist or for enhanced functionality not offered by the native driver support or to support touch hardware not supported in certain operating system releases. UPDD supports multi-touch at an operating system level (if supported) but also at a native UPDD API and TUIO Server level allowing for the development and support of multi-touch and multi-user UPDD API and TUIO client applications.
UPDD V6 driver is available for Windows XP though to the latest Win 10 patch release. In all cases it supports legacy serial and non-HID USB devices as well as modern HID USB devices. It allows for modern multi-touch monitors to be used in old XP systems as well as old legacy touch hardware to be used in most recent Windows systems. It also brings a wealth of touch functionality and hardware configuration options not supported by native HID drivers. UPDD V5 is still available for Windows 95, NT and 2000.
UPDD V6 driver is available for MacOS 10.8 and above. It supports legacy serial and non-HID USB devices as well as modern HID USB devices. When using a multi-touch touch screen it supports full multi-touch gestures, mimicking the functionality of a multi-touch trackpad or magic mouse. UPDD V5 is still available for Mac OS X 10.6 and 10.7.
The implementation of UPDD V6 driver within the Linux environment is such that it should work in most mainstream distributions and simplifies the use of touch in what can sometime be a difficult environment to configure and utilise touch functionality. It supports legacy serial and non-HID USB devices as well as modern HID USB devices.
In this predominantly mobile operating system UPDD V6 extends touch support to any UPDD supported USB HID device.
Not all previously supported operating systems are currently supported by UPDD V6 as support has been added piecemeal. However, UPDD V5 is still available for Win CE 5 through 2013 and Solaris 10. If demand justifies it we will add support in V6 for these OS's. Please contact us for further details.


Soil-Away Cleaning & Restoration Services will be quick to respond to your property damage emergency in Laconia, New Hampshire (NH). Your fire or flood damage situation will be immediately serviced by our professional restoration team. Reach us 24/7 by phone and make sure to select the emergency service option.
Laconia residents and businesses also contract Soil-Away to provide indoor air quality solutions. Our certified air duct cleaning, mold remediation and carpet cleaning crews help create cleaner indoor environments for building occupants. Below are a few examples of projects we have recently completed in Laconia.
Four straight days of rain resulted in significant water damage to the basement of a South Main Street business. Boxes and contents were floating in over a foot of water. The business called Soil-Away to perform the flood damage cleanup. Water was extracted from the basement. Damaged contents were inventoried and removed. The entire basement was cleaned, sanitized and dried within three days.
An unmaintained chimney was the cause of a major house fire. Loss of electricity had caused a Laconia family to utilize their alternative head source. Out of necessity they started a wood fire. Unfortunately lack of professional chimney upkeep resulted in a chimney fire. The fire damaged the entire side of their house and cause severe smoke odor issues throughout. The family's insurance company sent Soil-Away to perform the fire damage repair service. The structure was cleaned, deodorized, and repaired to pre-loss condition.
A leaking pipe under a bathroom sink resulted in significant mold growth in the cabinet. The slimy, black substance was discovered when the tenants of the Union Avenue apartment unit were moving out. The property manager immediately hired Soil-Away for professional mold remediation services. Soil-Away contained the area and setup HEPA air filtration. They safely removed, bagged, and disposed of the affected building materials. The remaining area was fully cleaned following industry standards. The mold issue was eliminated.
A condo complex had a difficult time finding a dependable carpet cleaning service. They wanted their common area hallways cleaned twice a year. Up until three years ago, they had gone through dozens of carpet cleaning companies. No one was showing up on time or performing good service. Fortunately, the condo association eventually found Soil-Away. For the past 36 months Soil-Away has cleaned and maintained the common area carpets to a level beyond the expectations of the residents.
Heavy dust was accumulating on the heat registers of a Church Street office building. The occupants started to complain of poor air quality and requested an air duct cleaner be brought in. The building owner hired Soil-Away to consult on the cleanliness of the building's ventilation system. Soil-Away's inspection found nearly an inch of dust built up on the interior of the duct system. The building owner immediately prompted Soil-Away to perform a full cleaning of the air duct system.


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Cancer News Review
Sep 20, 2012 | posted by Michelle Potter	| Research | No comments
This month, Kimmel Cancer Center director William Nelson reviewed top stories in cancer research ranging from a partnership between a pharmaceutical company and a major academic health center, to new ways to deliver the drug Herceptin.
First, he discusses the recent partnership between pharmaceutical company, Novartis, and an academic health center, the University of Pennsylvania. Nelson says by bringing together academic centers that conduct research with pharmaceutical companies that turn drug treatments into products approved by regulatory agencies, helps expand potential. He also suggests we must structure these partnerships carefully to avoid corruption or conflicts of interest in bringing these two industries closer.
Next, Nelson describes a recent study that examines grapefruit juice and its ability to lower dosage for some chemotherapies. Nelson says that grapefruit and other related fruits contain inhibitors of drug breakdown. For instance, the drug rapamycin, used to treat graft rejection in certain cancers, isn't as effective as it could be because the drug metabolizes or breaks down quickly. The study uses grapefruit juice to slow the breakdown of rapamycin, helping to make the drug more efficient.
Also in the podcast, he reviews a study from Johns Hopkins regarding prostate cancer and possible new treatments. Researchers have created and built a nanoparticle treatment that targets prostate cancer antigens. These targeted nanoparticles have two strategic functions of therapeutics and diagnostics, calling the treatment "theranostic". The next step for this research will be clinical trials.
Finally, Nelson discusses a gentler way to deliver Herceptin, the antibody drug used to treat women with breast cancer. The drug can now be given in an injection through the skin, rather than intravenously. This new approach appears to be just as effective and easier to administer at home or other places. Nelson predicts we could see more of these improvements as well as delivering cancer drugs by pill in the future.
Program Notes:
0:30 Novartis and University of Pennsylvania partnership
1:24 Gene transfer to kill CLL cells
2:22 More of these types of partnerships?
3:11 Grapefruit juice reduces dosage of chemo drugs?
4:12 Can help slow down metabolism of rapamycin
5:21 Combining two strategies to attack prostate cancer
6:17 A 'theranostic'
7:01 Kinder gentler way to deliver Herceptin
8:01 Appears to be just as effective as IV mode
9:20 End
« Sharsheret	» New Breast Cancer Drug on the Horizon?


I thought I'd share a pitch I wrote to my local newspapers in April for Earth Day. It illustrates how we authors need to figure out how to make a query work for their particular title—in whatever news cycle might apply to its theme, characters, settings, or whatever.
Hi, I'm an award-winning author who knows how hard it is to find good stories for Earth Day or to fit with current news about global warming which we both know is always a topic of interest.
Further there is a feature story in how we came to be partners living in separate hemispheres without having ever met. I can schedule interviews just about any time that works for you.
Please let my Sublime Planet poetry book help you with a feature story this month—one probably unlike one you have ever published.
Notice that I didn't bother giving the editor my name. Unless your name is already known by the contact or you are as famous as J. K. Rowling, it isn't necessary and just keeps you from the interesting stuff that will help them choose your idea for their book page, blog post, entertainment section, radio show or whatever it is that they do.
I also didn't mention the title in the first sentence. The only time that should come up front is if it is very catchy or outrageous.
Notice how precise the idea is. Query letters need to be clear about the benefits for the media or editor (they need material for current events and holidays). Editors are perfectly capable of moving from the particular to the general or adapting one detailed idea to another of their needs.
By the way, sending media releases—even releases that get ignored--benefits you because you can contact the same editor for the next holiday or current event. Soon they will have come to expect ideas from you that are well considered for their needs. I included another script by well-known publicist Raleigh Pinsky that you can use as a template in my Appendix of my The Frugal Book Promoter. Well-known publicist Raleigh Pinksky gave me permission to reprint it and it will give you even more detail for formulating pitches—in this case telephone pitches—that work.


This entry was posted on Monday, March 18th, 2013 at 9:40 am and is filed under stories.	You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
I had to share my thoughts on the MBCN blog about Valerie Harper. Please take a look.
Thanks, Katherine, for sharing this positive reinforcement that speaks to the joy of living life fully….and the acceptance of death as a natural part of life.
Thank you Katherine for this uplifting story about Valerie who is so amazing and has touched so many of us.
Valerie Harper is a "hero" who also happens to have metastatic cancer. I have had MBC for nearly 4 years but the treatments have slowed down the progression of the disease. Will I reach 5 years???
I've always been a fan of Valerie Harper's. Now even more so. Thank you, Katherine.
Thank you for putting Valerie's remarks together in such an organized fashion. I am printing this our to remind me of how important her words are to all of us.


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English Literature » Notes » Hamlet's Soliloquies Reveal His Personality
Hamlet's Soliloquies Reveal His Personality
Notes / Words: 2,034 / January 24, 2020 January 24, 2020
To be or not to be? that is the question (Hamlet, III, i, 64)
The above-mentioned quotation is the opening line from Hamlet's most famous soliloquy in which he is contemplating suicide as an end to all of his adversities.
Hamlet's world is bleak and cold because almost no one and nothing can be trusted
– Folger Shakespeare Library
Hamlet allows his words to exhibit his emotions through the soliloquies in the play.
While dealing with the sudden loss of his father, Hamlet must now face the reality of his mother's (Gertrude) marriage to his uncle, Claudius, only two months after his father's death. Hamlet learns that Claudius murdered his father to become the king of Denmark. These dilemmas in Hamlet's life are the cause of his depression and desire of revenge against his father's killer.
Joanna Montgomery Byles states that "The concept of the superego, both individual and cultural, is important to our understanding of the dynamics of aggressive destruction in Shakespeare's tragedies involving revenge. Tragic Alternatives 1). " "According to the psychoanalytic perspective on human development, the superego represents a person's conscience, incorporating distinctions between right and wrong; ("Saskatchewan Learning")" therefore, superego may justify the reasons for Hamlet's actions because both his father's death, and mother's marriage, have mentally affected him, not allowing Hamlet to know any better action to take.
All of Hamlet's seven soliloquies in William Shakespeare's Hamlet, Prince of Denmark reveal Hamlet's grief, indecision, insanity, and revenge; however, the three strongest soliloquies are essential to the reader's understanding of Hamlet's motivation leading to his tragic end. Hamlet's first soliloquy appears in Act I of Hamlet, Prince of Denmark, where he explains his feelings about his father's death and his mother's marriage to Claudius. Although Hamlet is feeling both grief and sorrow, he also outpours his anger and disgust of the marriage through his words.
With the quote-
O, that this too, too sullied flesh would melt, Thaw, and resolve itself into a dew, Or that the Everlasting had not fixed His canon 'gainst {self-slaughter! } (I, ii, 133-136),
Hamlet is speculating suicide as an end to his sorrow; however, Hamlet goes on to say that "the Everlasting" is against "self-slaughter," or suicide, which would result in Hamlet's not going to Heaven after death. "'Tis an unweeded garden/That grows to seed. Things rank and gross in nature/Possess it merely (I, ii, 139-141).
Amanda Mabillard explains –
Although Hamlet accepts weeds as a natural part of the garden (and more generally a natural part of life), he feels that the weeds have grown out of control and now possess nature entirely.
– "About: Shakespeare"
Hamlet is using weeds to describe the problems in his life. He feels that his problems are out of control and in control of him, just as weeds are in a garden. After revealing the grief of his father, it seems as if his sadness changes to anger as Hamlet compares his father and Claudius by saying, "But two months dead–nay, not so much, not two. So excellent a king, that was to this/Hyperion to a satyr; (I, ii, 142-144). " "Hyperion, the Titan god of light, represents honor, virtue, and regality–all traits belonging to Hamlet's father, the true King of Denmark. Satyrs, the half-human and half-beast companions of the wine-god Dionysus, represent lasciviousness and overindulgence, much like Hamlet's unsurping uncle Claudius (Mabillard). " Claudius' lasciviousness aspect, or having sexual desire, bothers Hamlet the most because he does not want to imagine his mother being with anyone but his father.
He feels that his mother has turned her back on both Hamlet, as well as his father because she is sexually involved with another man. Hamlet continues with anger to say, "(O God, a beast that wants discourse of reason/Would have mourned longer! ), married with my/uncle,/My father's brother,/but no more like my father/than I to Hercules (I, ii, 154-158). " Hamlet is declaring that a beast would have mourned longer than his mother mourned for his father. She instantly married Claudius, who is, Hamlet says, "no more like my father/Than I to Hercules (I, ii, 157-158). "Although Hamlet's comparison of himself to the courageous Greek hero could be devoid of any deeper significance, it is more likely that the remark indicates Hamlet's developing lack of self worth (Mabillard). " Hamlet ends his first soliloquy by saying, "But break, my heart, for I must hold my tongue (I, ii, 164). " Hamlet's heart is breaking, and he wants to confront his mother; however, he wants to stay quiet or "hold his tongue" for the present time because he knows how much his true feelings will hurt his mother.
Overall, in Hamlet's first soliloquy, Hamlet demonstrates his true feelings of grief, sorrow, anger, and disgust. These feelings of Hamlet reveal that Hamlet cares for his family, but is easily angered and is a depressed young man. Hamlet recites seven soliloquies throughout the play; however, his fourth soliloquy is the most famous. Hamlet questions whether to live or to die by saying, "To be or not to be–that is the question (III, i, 64). " Contemplating suicide, the fourth soliloquy "seems to be governed by reason and not frenzied emotion.
Unable to do little but wait for completion of his plan to 'catch the conscience of the king,' Hamlet sparks an internal philosophical debate on the advantages and disadvantages of existence, and whether it is one's right to end his or her own life (Mabillard). " "For who would bear the whips and scorns of time, Th' oppressor's wrong, the proud man's contumely, The pangs of despised love, the law's delay, The insolence of office, and the spurns That patient merit of th' unworthy takes, When he himself might his quietus make With a bare bodkin? Who would fardels bear,
To grunt and sweat under a weary life, But that the dread of something after death… (III, i, 78-86)" Hamlet is asking himself if it would be easier to endure a never-ending sleep, or to suffer; he asks who would tolerate the whips and scorns of time, the oppressor's wrong against us, the disrespect of proud men, the pain of rejected love, the proudness of authorities, and the advantage that the worst people take of the best when one could just release himself with a blade? Hamlet wonders who would carry this load, sweating and grunting under the burden of life if one did not have to dread of the after life.
By Hamlet's in-depth thoughts of suicide, it is apparent that Hamlet is depressed and does not enjoy his life. "Repetition of words such as calamity, scorns, oppressor, despised, dread and weary emphasize the mental trauma he is portraying ("Passage analysis of Hamlet"). " "Hamlet's speech contains obsessive concerns with suicide and death. His representation of himself as mentally unstable is an attempt to accomplish his super-objective of avoiding avenging his father's death while still revealing the truth. Moreover, Hamlet's speech perhaps contributes to the line of action ? o witness': by leading the King to think he is suicidal, Hamlet may get a chance to witness him unexpectedly in his guilt ("Passage analysis of Hamlet"). " Hamlet ends his soliloquy with, "Thus conscience makes cowards {of us all,} And thus the native hue of resolution Is {sicklied} o'er with the pale cast of thought, And enterprises of great pitch and moment With this regard their currents turn awry And lose the name of action (III, I, 91-96). " In his closing lines, Hamlet truthfully explains that thinking about suicide will make a coward of anyone.
One will ruin their first thoughts of suicide by thinking on the thought of killing oneself. All important plans are weakened until one does not take action. Hamlet's analysis of suicide is one aspect of the play that reveals that he may be suffering a mental instability, causing his characteristics of depression and anger. Hamlet's extreme indecisiveness is greatly displayed in this famous soliloquy. Finally gaining the nerve to kill King Claudius, Hamlet enters the room where Claudius is praying, when he says, "And now I'll do't (III, iii, 78). However, Hamlet realizes that if he kills Claudius while he is at prayer, Claudius will go to Heaven. Hamlet's retaining of killing Claudius reveals his religiousness and belief of God. Hamlet knows that there is a Heaven and that it is an honorable place in which he does not want Claudius to go. Hamlet says, "And so he goes to heaven; And so am I revenged. That would be scanned: A villain kills my father; and for that, I, his sole son, do this same villain send To heaven (III, iii, 80-84). " Hamlet's reason for delay is that Claudius is in the midst of praying, and in order for revenge to be complete, the King must be engaged in some sinful act such as sex, gambling, or drinking, and thus be condemned to eternal damnation (Mabillard). " The reader learns that Hamlet wants to catch Claudius in an immoral act when he says, "When he is drunk asleep, or in his rage, Or in th'incestuous pleasure of his bed, At game a-swearing, or about some act That has no relish of salvation in ? t (III, iv, 94-97). " Hamlet does not want to send his father's killer to go to Heaven; he wants the worst possible revenge for him.
Amanda Mabillard states-
Many critics believe that Hamlet uses Claudius' prayer as an excuse for further delay because his conscience will not allow him to commit premeditated murder. Others claim that it is not Hamlet's altruism which saves Claudius in this scene, but his own paralyzing habit of ? thinking too precisely on th'event (IV, iv, 43).
If Hamlet is using Claudius' prayer as an excuse, his reasoning relates to the "to be or not to be" soliloquy. The two correspond because in the famous soliloquy, Hamlet explains to the audience that one's conscience can make a coward of anyone, given the chance.
If one thinks too much on a harmful situation, his/hers conscience will begin to react, making him feel guilty and retiring his plans. Hamlet's rage and possible insanity becomes apparent as he ends his soliloquy with these harsh words –
Then trip him, that his heels may kick at heaven, And that his soul may be as damned and black As hell, whereto it goes. My mother stays, This physic but prolongs thy sickly days (III, iv, 98-101).
Hamlet's anger arises and he says that he will trip Claudius so that his heels kick at Heaven, but his soul will be blackened and damned to hell.
Hamlet's words in this soliloquy greatly reveal his personality because his expression allows the reader to understand his evil traits and hunger of revenge. If he had killed his uncle at his prayer, he would have gotten rid of Claudius, but he would know that his uncle was not suffering, which is what he wants for Claudius. These aspects of the soliloquy reveal his mental instability and evilness. Because of Hamlet's soliloquies, his personality is revealed to the reader through his actions and innermost thoughts. These soliloquies allow Hamlet to become a well-rounded character; otherwise, his character would have been rather flat. According to E. M. Forster, round characters 'are dynamic–capable of surprising the reader in a convincing way. ' Round characters recognize, change with, and adjust to circumstances (WSU Literary Terms). " Hamlet is capable of surprising the reader, being an inconsistent character beginning with Act One; his unpredictable personality keeps the reader in suspense. Also, Hamlet's soliloquies help to set the mood of the acts in which his soliloquies exist, whether it is anger, indecisiveness, or rage, as in the above soliloquies.
Hamlet's soliloquies help to lead the reader to his tragic end, as he eventually is killed by Laertes' poisonous sword. The soliloquies set the mood, tone, and foreshadow that the ending of Hamlet will be tragic. Overall, the reader learns that Hamlet has changing characteristics throughout Hamlet, Prince of Denmark. His diverse characteristics include grief, indecision, insanity, revenge, anger, and mental instability; all directly result from the use of Hamlet's seven soliloquies, especially the three strongest mentioned previously.
Chaucer's Art of Characterization
Critical Analysis of Shakespeare's "Hamlet"
How Does Othello's Pride Lead to His Downfall
The Relationship between Hamlet and Ophelia
"To Be or Not to Be" Analysis
Houseboy: Themes


To inspire young people with a lifetime love of music. To instill habits that lead to higher levels of musicianship. I want show people that music can be a friend for life, the way it has been for me.
Taught private lessons in saxophone, flute, piano, music theory and improvisation.
Plays piano for accompaniment and as a teaching tool.
Classes in music theory and performance at Lewis and Clark.
Studied improvisation with jazz master Andrew Hill.
Studied composition with composer Tomas Svoboda.
Decades of self-motivated learning and practicing.
Years of experience in youth choirs.
Years of private lessons in flute and saxophone.
An expert at all the saxophones, flute, and clarinet.
Skilled enough to teach beginners on ukulele, piano, and voice.
Experience with a wide variety of musical styles, from classical to jazz, funk, and african music.
Experience teaching wind instruments, piano, and music theory.
An excellent communicator who can relate to young children and teenagers.
Deep knowledge of music theory and improvisation.
Strong knowledge of music history, especially jazz.


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Q: Facebook Share button won't display in Chrome I'm buidling a rails app and I'm having trouble getting the Facebook Share button to display in Chrome or Firefox.  It shows up fine in IE and Safari. The Like and Login buttons work fine in all browsers.  I've searched the web, but can't find anything helpful.
On each page I have

FB
<fb:share-button type="box_count"></fb:share-button>

A: Looks like the problem was with me using localhost as my url.  I changed my /etc/hosts file so that fakeurl.com points to 127.0.0.1 and it works fine now.

A: Add xmlns:fb="http://ogp.me/ns/fb#" to your  tag:

Change your

redpajama_set_name: RedPajamaStackExchange


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PdgnCo: The Pdgn Collective
What is PdgnCo?
PdgnCo (or pdgn for short) was a small IRC network founded on October 27th, 2014 by Aaron Weiss as an autonomous internet community to discuss tech, software, politics, media, and more. Its goal was to exist as a friendly, inclusive space for community discussion on an internet increasingly dominated by just a few multinational corporations. Pdgn officially shut down on July 4th, 2020.
How did Pdgn operate?
Pdgn was maintained solely by its founder, Aaron Weiss—known around these parts as awe. The day-to-day decisions about maintenance were largely decided by him, but were all reported publicly in #pdgn. Community opinions were incorporated into every major decision about the network. The network was hosted on DigitalOcean and funded out-of-pocket by awe. Pdgn has an official mascot named Pidgey. She was lovingly designed by Shannon Sheu, and later carefully vectorized by Grant Wu.
Powered by FreeBSD


Morgan Sindall's construction division Morgan Ashurst has been chosen to deliver the latest phase of redevelopment works at Wolverhampton College.
The £10.1 million scheme will see Morgan Ashurst demolish a number of existing structures to make way for the new buildings at the College's Bilston Campus.
The company will then create specialist facilities for construction and engineering, a nursery and play area and a new sports hall with support facilities including Academy-standard sports pitches.
The new facilities will bring the rest of the College up to date with the new entrance building created in 2002 during the first phase of works.
Work is due to be completed in March 2009.


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White House denounces senators as cowards on gun control
Washington — June 21, 2016
The White House accused U.S. senators of sacrificing national security for their political ambitions on Tuesday, a day after four gun control measures failed to advance after the nation's largest mass shooting in Orlando, Florida, last week.
"What we saw last night on the floor of the United States Senate was a shameful display of cowardice," White House spokesman Josh Earnest said on MSNBC.
Earnest said the bills put forth for votes on Monday evening should have drawn strong bipartisan support aimed at shoring up the country's defenses by keeping firearms away from people on terrorism watch lists.
He said U.S. law enforcement officials are concerned that there are individuals in the United States who could have ties to terrorism or are susceptible to online recruitment efforts of the militant group Islamic State.
"And right now there is not a law on the books that prevents those individuals from walking into a gun store and buying a gun," Earnest said.
The Senate votes against the measures restricting gun sales came after 49 people were killed on June 12 in an Orlando gay nightclub. The votes were a bitter setback to advocates who have failed to get even modest gun curbs through Congress despite repeated mass shootings.
The Orlando gunman, Omar Mateen, pledged allegiance to Islamic State during his rampage.
The gun control measures lost in largely party-line votes that showed the political power in Congress of gun rights defenders and the National Rifle Association (NRA).
"Republicans have run around and spent the last week saying 'radical Islamic extremism' to anybody who will listen," Earnest said. "But when it actually comes to preventing those extremists from being able to walk into a gun store and buy a gun, they're AWOL. They won't do anything about it because they're scared of the NRA. That's shameful."
A group of senators hoped to forge a compromise for later in the week aimed at keeping firearms away from people on terrorism watch lists, although that effort faced an uphill battle with critics in both parties skeptical about its chances.
(Reporting by Doina Chiacu; Editing by Bill Trott)


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Replay: FOX 2 News FOX 2 TV Schedule Autos
Serena Williams withdraws from Madrid Open but Roger Federer in
Posted 8:23 am, April 29, 2016, by CNN Wires
Serena Williams' health woes continue, with the 21-time grand slam champion pulling out of her third tournament of the year.
Williams is skipping the Madrid Open because of the flu, which means another big tournament will be without the two highest-profile women's players in the world. Maria Sharapova, the richest female athlete on the planet, is serving a provisional suspension after she admitted to failing a drug test for meldonium at the Australian Open in January.
"Unfortunately, I have to withdraw from Madrid because I've been battling the flu and I'm not at 100%," Williams, who won the event in 2012 and 2013, told the WTA's website. "I look forward to returning soon."
Her withdrawal comes less than a month before the start of the French Open, where the American is the defending champion.
Williams also missed tournaments in Dubai and Doha in February due to the flu while a knee injury cut short her participation at the Hopman Cup in early January. Since exiting to Roberta Vinci at the U.S. Open in September — ending her hopes of completing a calendar year grand slam — she has competed in just four top-level tournaments.
Concern among her supporters — not to mention the WTA — is sure to escalate if the 34-year-old doesn't show up at next week's Italian Open
Williams remains one grand slam singles title short of matching Steffi Graf's Open Era record, having lost the final of the Australian Open to Germany's Angelique Kerber.
Federer in
But there was better news for organizers when men's 17-time grand slam champion Roger Federer confirmed that he would be playing in the Spanish capital.
Federer didn't have Madrid on his original 2016 schedule but when he sustained a knee injury in January, the Swiss had to bail from Rotterdam, Dubai and Indian Wells.
He added Miami — where illness ultimately derailed him — Monte Carlo and now Madrid to his schedule.
"Federer is one of the best players in history," Manolo Santana, a director at the tournament and four-time grand slam singles champion, told the Madrid Open's website. "We are delighted to have him back in the Caja Magica. In addition, he is one of the fans' favorites because of everything he has achieved in his career.
"We will be welcoming him with open arms."
Madrid could see home hope if Rafael Nadal and Novak Djokovic tangle for the first time during this clay-court swing.
Nadal won Monte Carlo and Barcelona in successive weeks after slumping — by his standards — for most of 2016. Djokovic is the world No. 1 and French Open favorite. The Serb has captured four of the past five majors.
Cori 'Coco' Gauff, only 15, is the youngest player to qualify for Wimbledon
Coco Gauff: How do you protect a 15-year-old tennis prodigy?
Serena Williams reaches Wimbledon semifinals
Serena Williams makes a high-fashion statement a year after her French Open catsuit ban
Serena Williams fined $10,000 for damaging Wimbledon court
Naomi Osaka rallies again at French Open, this time against Azarenka
Simona Halep crashes out to teen Amanda Anisimova at French Open
Serena Williams, Andy Murray to play mixed doubles together at Wimbledon
France vs. USA: 'A magnificent showcase' for the Women's World Cup
Champions League final: Thousands flock to Madrid — but can they get a ticket?
Women's World Cup 2019: The most important in history


Since 1995 the Australian and New Zealand Continence Journal has developed with the mission to promote scholarship and the dissemination of information. From practitioners in the disciplines of medicine, nursing, physiotherapy and from other allied health practitioners working to treat and manage incontinence and promote continence in the community. One of the stated aims of the journal and the Journal Editorial Committee is to assist authors, particularly first time authors, in the preparation of papers for publication.
The journal is produced under the auspice of the Continence Foundation of Australia (CFA) and the New Zealand Continence Association (NZCA). While the journal promotes scholarship in Australia and New Zealand, it receives inquiry and welcomes papers from practitioners in other regions.
The journal is a specialist publication and is distributed to all CFA and NZCA members as a benefit of membership, as well as to other subscribers. It is abstracted and listed on the Cumulative Index of Nursing and Allied Health Literature (CINAHL), InfoRMIT and EBSCO. A full index of the journal is available and is updated annually.
The aims and scope of the journal are to provide a forum for dissemination of current research and practice in the diagnosis, treatment and management of incontinence, and promotion of continence to the wider community. It also acts as a forum and exchange of information for all practitioner stakeholders and consumers.
The journal is unique as it is the only journal published, in Australasia and internationally, specialising in continence issues. It is truly multidisciplinary, bringing together the medical specialties of urogynaecology, urology, gastroenterology, gerontology and paediatrics to name a few. The journal also brings together the work of nurses and physiotherapists in the research and management of incontinence and promoting continence health.


Proceedings of the First Agricultural Conference, Malaya, held at the Chamber of Commerce, Kuala Lumpur, April 25th to 28th, 1917 : including the papers contributed to the conference and reports of the discussions.
By: Agricultural Conference, Malaya Kuala Lumpur, Malaysia) - Bunting, B. (Benjamin) - Lewton-Brain, L.
Publication info: Kuala Lumpur :Printed at the Federated Malay States Govt. Print. Office,1917.


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Republican Rep. Walter Jones Dead At 76
Via NY Post:
Rep. Walter B. Jones, a 24-year veteran of Congress who built a record of maverick conservatism, passed away Sunday at the age of 76.
Mr. Jones represented eastern North Carolina, regularly turning aside GOP primary challenges then winning overwhelmingly in the general election.
He was known on Capitol Hill for having voted for the 2002 resolution authorizing the war in Iraq, and even pushed the term "freedom fries" as a statement of patriotism as the U.S. prepared for war.
He came to regret his vote and regularly joined with anti-war opponents in trying to bring troops home. His military-heavy district was a part of his change of heart, and his office displayed a wall of photos of Camp Lejeune Marines killed in the war on terror.
"Walter Jones was a man of decency, honor, and upstanding moral character," said North Carolina GOP Chairman Robin Hayes, who used to serve in Congress with Mr. Jones.
Keep reading….
Nickarama | February 10, 2019 9:37 pm


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Rammstein in Paris
What better to do to celebrate the 60th birthday of the Rome Treaty than to go and watch a movie in a Dutch theatre depicting the show of a German band playing a large venue in the capitol of France. Frenchmen singing in German. A German singer thanking the audience in French. That does sound like the right kind of celebration of the European Union, doesn't it?
Living in a larger town with a Pathe cinema has it advantages. It regularly shows these sort of movies for example. Not that I actively watch out for them, it is something I perhaps ought to do though. Watching a show like Rammstein's on a large screen is a treat in combination with a huge sound. We saw things better than most people present in Bercy.
Now I'm not a metal fan. Far from even. Yet Rammstein has found a place into my record collection ever since I got 'Mutter' in 2001. I noticed how the metal was interspersed with some great melodies and a frivolous keyboard that altered the whole spectrum of the guitar-drums havoc going on. The result is a whole range of songs being produced. From extreme metal to ballads and Rammstein style fairytales on music, but nearly always with those keyboards. This results in a lot of people responding favourably to Rammstein that have no liking at all for metal. I even heard people say that they heard 'Ohne Dich' being played at a funeral and at more than one at that.
The last Rammstein show I saw was the dvd shot in Nîmes in France. Over a decade lies between the two shows. I have to conclude that there no longer is any progression as far as the music of Rammstein is concerned. It is eight years since a new album was released and the fact that not a lot of the songs played were from that album is all telling. 'Mutter' and 'Reise Reise' are still the two albums on which the show focuses, just like at the Nîmes show. That leads me to conclude that Rammstein has slowly moved into the golden oldies circuit, albeit their own nostalgia, drawing 10.000s to a show. Rumour has it that there new songs have been recorded, but there's no conclusion on a release date.
If the band has progressed, it is in pyrotechnics. In fire, bombs, explosions and what not. Looking at what's going on it is short of a miracle that nobody gets hurt or worse. How long is it before someone dies at one of the shows?
Everything I saw was larger than life. From the way the band gets, finally, on stage, to what happens there. SM scenes on a small stage, guitars on fire, large and larger flame throwers and finally, for those with patience a ballad with an acoustic guitar played by bass player Oliver Riedel called 'Frühling In Paris'.
The music is simply fantastic. Rammstein is a machine. So tight, so mighty and at the same time so playful, mainly through the musical interventions of keyboardist Christian Lorenz. In front of it all stands the human giant Till Lindemann with his deep voice. Never in a hurry, in sharp contrast at times with all the hectic playing going on around him. The second distinction that makes Rammstein more unique. The debate whether Lindemann can "sing" is mute. He's perfect in this setting.
Teutonic to the bone Rammstein is a sort of anomaly in the international rock scene. A very unlikely candidate to play large venues outside of its home country. Yet the band is huge. The pyrotechnics is far from the only explanation. People show up for the songs. The rest is extra. A huge bonus, agreed, but the music is key and in that Rammstein has crafted its own niche. A space unique just for itself.
Rammstein in Paris is a fantastic movie, celebrating the band's greatness in all ways. Over the top and then some more. That is all true, but once I accept that, what I'm watching is a unique show with unique music. Worth every penny and every minute and even the time spent away from a sunny spring afternoon.
Labels: metal, movie review, WoNo Magazine Muziek Music
Kairos, April 2017 by .No on Concertzender
Naturally. Rondé
Americana. Ray Davies
Wonderful Woman. Chuck Berry
Enter The Kingdom. Frontier Ruckus
Gunther Brown live. Q-Bus, Leiden 23 April 2017
Bounce Back. Chantal Acda
Radio Harlaz. Mad About Mountains
Amber Arcades + Moss Live. Paradiso Tolhuistuin, T...
Creeper live. Saturday 15 April 2017, Melkweg Amst...
Where's The Funky Party? Hallo Venray
Death Song. The Black Angels
Bry. Bry
Trein Vuur Dageraad. Spinvis
Every Place In Hell Is Special. Tim Claridge
Bowie in Berlin, a conversation for three
Gather: The Wanderer + No Ninja Am I. Haarlem, 14 ...
It's Another Wor d. Picidae
Hard Love. Strand of Oaks
Big Box Of Chocolates. Hooton Tennis Club
Moon Moon Moon. Help! Help! release party, 6 april...
Coincidence EP. A Fugitive
Hail To The Rain. Maggie Brown
Meandering. The Mysterons
The Colony. Tamara Woestenburg
Rockin' shoes. The Imperial Crowns live. Q-Bus, Le...
Come, Future. Jo Goes Hunting
Soul Sick. Sallie Ford
Heartworms. The Shins
HOUSE OF COSY CUSHIONS
Prick Of The Litter. Delbert McClinton & The Self-...
The Courtneys II. The Courtneys


text:
Instructional Team
Band Program
Farewell Concert
School Day and After Care
Current Tuition & Fees
Saint Joseph School
Welcome Fr. Nicholas!
Saint Joseph's Family would like to welcome Fr. Nicholas Dustin Blackwell. O. Carm. Nicholas is his religious name, and of course, named after St. Nicholas. Fr. Blackwell is from Mayville, Michigan, a small rural farm town of less than a 1000 people. He has one younger brother and two nieces. Fr. Blackwell's family is very important to him. He went to college at Northern Michigan University, where he obtained a B.S. in history and returned to the Catholic Church. After College Father enter the Peace Corps and served in The Gambia, West Africa for a year. He entered seminary in 2008 for the Diocese of Saginaw After. A year after he left the seminary and did mission work in the Appalachian Mountains. Father Blackwell entered the Order of Mount Carmel in January 2010 and feels he has been home ever since. He has served in Trinidad and Tobago and Peru, while in the Order. Father Blackwell believes deeply in Catholic education, and tries to support Catholic education whenever and wherever he can. He loves to read and write as well as share his Carmelite spirituality, which is why he started the "Frank Friar" podcast and website. Father Blackwell's goal is to have an impacting presence at Saint Joseph School and be a pillar to the students and staff who he believes will help him continue to grow and thrive in his Christian discipleship.
You can find his website and podcast at:
Website www.thefrankfriar.com.
Podcast is on iTunes at -- The Frank Friar -- (can also be found on Soundcloud and Google play)
Also, Father Blackwell is in a new monthly columnist at the Catholic Stand, an online e-publication on living the Catholic Faith in the world. His Columnist bio can be found here.
Hope you have a blessed day,
1946 Bathgate Ave.
Email Info@saintjosephschoolbronx.org
© Copyright 2018 Saint Joseph School


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Computing Science
About Computing Science
History of the School
School Executives
Tech Reports and Theses
Hiring Computing Science Students
Faculty Candidate Seminars 2022
Diversity in Computing Science
Computing Science Intranet
Home / Job Opportunities
Director - School of Computing Science (Associate or Full Professor)
Simon Fraser University (SFU) is recognized globally for academic and research excellence. It is ranked as Canada's top comprehensive university and its vision is to be Canada's most engaged university. SFU has three vibrant campuses located on the unceded territory of the Coast Salish peoples, on whose traditional territories its campuses stand, in British Columbia's largest municipalities - Burnaby, Surrey and Vancouver - and deep roots in partner communities throughout the province and around the world. By recognizing these unceded territories, SFU aspires to create space for reconciliation through dialogue and decolonizing practices.
The School of Computing Science is among the top computer science departments in Canada and internationally, with excellent research and teaching programs at the graduate and undergraduate levels. The School currently has 66 faculty members, close to 400 graduate students and 2800 undergraduate students. The School strives for excellence in its researchers, instructors, and facilities, and seeks to train high-quality students. In addition to a world-class research-oriented graduate program, the school also offers a full-time Master's program in Professional Computer Science with a focus on Big Data, Visual Computing, and Cyber Security; as well the School maintains a dual-degree partnership programs with Zhejiang University in China.
Reporting to the Dean of the Faculty of Applied Sciences, the Director is responsible for the day-to-day academic and strategic activities of the School. A commitment to leadership, collaboration, and staff development is essential for a role of this magnitude. The Director will amplify the School's mission of performing innovative, translational research and entrepreneurship, as well as fostering the School's relationship with industry and community engagement. The Director will likewise oversee the strategy and development of new educational programs, certificates, and training to help our undergraduate and graduate students succeed in a changed and changing world.
The School Director is a term position with an initial appointment of five years that may be renewable for a subsequent term. The successful candidate must be appointable in a discipline within the School of Computing Science to a tenured position at the level of Associate or Full Professor, and would resume regular full-time professorial duties upon the conclusion of their administrative appointment.
Provide proactive leadership and operational management of the school, creating an environment that encourages innovative teaching and fosters internationally recognized research;
Develop and deploy new initiatives that enhance Computing Science's international and domestic standing;
Promote collaboration within the school and drive engagement with partners across the Faculty, throughout the University, and with other academic institutions and industry;
Support the development of enhancements and innovations in teaching, learning, and curriculum design and development that enable faculty and staff to provide improved experiences and outcomes to students in all programs;
Commit to supporting current and future undergraduate students through curriculum updates, innovations in teaching and enhancing student experiences;
Lead the School in creating a collaborative and compelling strategic vision, with an eye towards growth, that engages academic and non-academic colleagues, students and industry partners to strive for excellence in all activities;
Support the University's Strategic Visions, which pledges SFU to "foster a culture of inclusion and mutual respect, celebrating the diversity reflected among its students, faculty, staff, and our community". And to be "the leading engaged university defined by its dynamic integration of innovative education, cutting-edge research, and far-reaching community engagement."
The ideal candidate is expected to possess and demonstrate the following qualifications:
A Ph.D., and ongoing engagement, in fundamental Computing or Computer Science research areas;
An outstanding personal research record of accomplishment and international profile;
Leadership and administrative qualities and experience;
Balanced attention between teaching and research initiatives;
Proven excellence in course and curriculum design at the undergraduate and graduate levels;
Excellent communication skills and commitment to a team based working culture;
Enthusiasm about supporting students and student initiatives, as well as engaging with them directly;
Commitment and contributions to diversity, equity, and inclusion.
The competition will remain open until the position is filled. However, screening will commence on January 27th, 2023.
To apply, submit the following to our online application system:
A recent curriculum vitae,
Research and teaching statements,
A vision statement,
Names and contact information for three referees.
We thank all applicants for their interest; however, only short-listed candidates will be contacted.
All qualified candidates are encouraged to apply; however, Canadian citizens and permanent residents will be given priority.
Simon Fraser University is an institution whose strength is based on our shared commitments to diversity, equity, and inclusion. Diversity is an underlying principle of our Strategic Vision, which pledges SFU to "foster a culture of inclusion and mutual respect, celebrating the diversity reflected among its students, faculty, staff, and our community." SFU is committed to ensuring that no individual is denied access to employment opportunities for reasons unrelated to ability or qualifications. Consistent with this principle, SFU will advance the interests of underrepresented members of the work force, specifically Indigenous peoples, persons with disabilities, racialized persons, and women; embrace gender and sexual diversity; ensure that equal opportunity is afforded to all who seek employment at the University; and treat all employees equitably. Candidates that belong to underrepresented groups are particularly encouraged to apply.
SFU offers several benefits and services aimed at creating a more inclusive and accessible campus community for faculty, please see the Faculty Relations, Benefits and Service page for more details. SFU is also committed to ensuring that the application and interview process is accessible to all applicants; if you require accommodations or have questions about SFU benefits, services, accommodations policies, or equity considerations please contact the Director of Equity, Diversity and Inclusion in Faculty Relations.
Under the authority of the University Act personal information that is required by the University for academic appointment competitions will be collected. For further details see: http://www.sfu.ca/vpacademic/Faculty_Openings/Collection_Notice.html
Computing Science, Limited-Term Lecturer, Technical Writing and Ethics
The School of Computing Science at Simon Fraser University (SFU) invites applications for a 2-year Limited-Term Lecturer position in the area of Technical Writing and Ethics. The School is seeking outstanding candidates with proven track records of developing and teaching undergraduate and/or graduate courses in technical writing, communications, intellectual property management, and ethics.
The School of Computing Science is among the top computer science departments in Canada and internationally, with excellent research and teaching programs at the graduate and undergraduate levels. SFU is located in Metro Vancouver, which is rated one of the most livable areas in North America. SFU offers competitive salaries, excellent benefits, and a collegial and vibrant work environment.
Lecturers are considered an integral part of the School and they contribute to its academic mission of teaching and preparing computer science students for competitive industrial careers and advanced graduate studies.
The responsibilities of the successful candidate will include the following:
Develop and teach undergraduate and graduate courses that cover topics such as:
Oral and Written Communications Skills
Social Implications of Computerized Society
Research Methodologies and Intellectual Property Management
Contribute actively to building a vibrant culture in the School, with service contributions to areas such as:
Academic integrity and student conduct
Student recruitment and community outreach
Experiential learning and capstone project coordination
Curriculum development (undergraduate and graduate)
Student liaison
An ideal candidate is expected to possess the following qualifications:
A doctoral degree in computing science or a related scientific/technical/engineering discipline. Candidates with a doctoral degree in non-technical disciplines, e.g., Social Sciences, may be considered provided that they have a master's or bachelor's degree in a computing-related discipline, or an extensive working experience in a high-tech company or a computer science department. Candidates with imminent completion of their PhD degree may be considered, however, a PhD must be completed by the start of the appointment.
Formal education and/or training in technical writing.
Academic and/or industrial experience of teaching and developing technical writing. communications, and ethics courses.
Excellent communication, leadership, and group management skills.
Commitment to diversity, equity, and inclusion.
To apply, please submit your resume, teaching statement, and the names and email addresses of at least three referees to our on-line application system at:
http://www.sfu.ca/computing/about/job-opportunities.html
Full consideration will be given to applications received by December 2, 2022. Applications received after this deadline may be reviewed as far as the position is still open. The position is subject to availability of funding and approval by the SFU Board of Governors. Any inquiries regarding this posting may be directed to cs_faculty_affairs@sfu.ca.
Simon Fraser University is an institution whose strength is based on our shared commitments to diversity, equity and inclusion. Diversity is an underlying principle of our Strategic Vision, which pledges SFU to "foster a culture of inclusion and mutual respect, celebrating the diversity reflected among its students, faculty staff and our community." SFU is committed to ensuring no individual is denied access to employment opportunities for reasons unrelated to ability or qualifications. Consistent with this principle, SFU will advance the interests of underrepresented members of the work force, including Indigenous peoples, persons with disabilities, racialized persons and women; embrace gender and sexual diversity; ensure that equal opportunity is afforded to all who seek employment at the University; and treat all employees equitably. Candidates that belong to underrepresented groups are particularly encouraged to apply.
Under the authority of the University Act personal information that is required by the University for academic appointment competitions will be collected. For further details see:
http://www.sfu.ca/vpacademic/Faculty_Openings/Collection_Notice.html
Tenure-track Faculty Positions
The School of Computing Science at Simon Fraser University (SFU) invites applications for multiple tenure-track faculty positions in the following research areas:
Computer Security: network security, information privacy, vulnerability analysis, trust management, quantum security, and applied cryptography.
Systems: software engineering, computer networks, cyber-physical systems, and mobile computing.
Interdisciplinary: data science, human-computer interaction, computational biology, social computing, visual computing, and robotics.
Candidates with a commitment to the advancement of women and other underrepresented groups in computer science are especially encouraged to apply.
The School of Computing Science is among the top computer science departments in Canada and internationally, with excellent research and teaching programs at the graduate and undergraduate levels. SFU is located in Metro Vancouver, which is rated one of the most livable areas in North America. SFU offers competitive salaries, excellent benefits, and a collegial and vibrant work environment. In addition, exceptional candidates may be considered for Endowed Research Chairs, which come with extra teaching releases and salary tops, in addition to the prestige and recognition of the chairs.
Successful candidates are expected to have strong research records and demonstrate commitment to excellence in research, teaching, and graduate student supervision; including the demonstration of creating inclusive classrooms and/or recognition of needs in support of a diverse student body. The School will consider applications at all ranks, including assistant, associate, and full professor, with the following expectations:
Assistant Professor: excellent research achievements demonstrated by publications at top venues with the candidate being the main contributor, strong reference letters, and broader impact of the research outcomes shown, for example, by research awards, citations, open-source tools used by peers, and/or technology transfer to industry.
Associate Professor: outstanding research achievements demonstrated by sustained publications at top venues for several years, strong reference letters from leaders in their area, and broader impact of the research outcomes shown, for example, by research awards, citations, open-source tools used by peers, and/or technology transfer to industry. It is also expected that the candidate has a strong research funding record, visibility in their research community, and leadership skills. Further, it is expected that the candidate provides evidence for effective supervision of graduate students as well as high-quality teaching of graduate and undergraduate courses.
Full Professor: outstanding research achievements demonstrated by sustained publications at top venues over their career, strong reference letters from top leaders in their area, and broader impact of the research outcomes shown, for example, by research awards, citations, open-source tools used by peers, and/or technology transfer to industry. It is also expected that the candidate has a strong research funding record and has managed multiple large-scale research projects. The candidate should be an established leader in their research community, and they should have made significant contributions to graduate student supervision and high-quality teaching of graduate and undergraduate courses.
Successful candidates must hold a PhD in computer science or a closely related field by the employment start date; however, candidates with imminent completion of their PhD degree may be hired at the rank of Instructor and will be promoted to the rank of Assistant Professor upon completion of their PhD.
The deadline for receiving all application materials, including curriculum vitae, research statement, teaching statement, and at least three reference letters, is December 15, 2022. Please submit your application to our on-line system at: http://www.sfu.ca/computing/about/job-opportunities.html
The positions are subject to availability of funding and approval by the SFU Board of Governors. Any inquiries regarding this posting may be directed to cs_faculty_affairs@sfu.ca.
Under the authority of the University Act, personal information that is required by the University for academic appointment competitions will be collected. For further details see: http://www.sfu.ca/vpacademic/faculty_openings/collection_notice.html
CS Contact Us


text:
Susan Kistler on Monitoring Information Dissemination Through Clickthroughs
3 Comments / Integrating Technology into Evaluation / By Susan Kistler / April 3, 2010 September 1, 2011
My name is Susan Kistler and I am the Executive Director of the American Evaluation Association. I contribute each Saturday's post to the aea365 blog.
Hot Tip: Use a URL shortener to monitor information dissemination. A URL shortener takes a long URL (location information for a website such as "http://eval.org/"), and makes it shorter. Just shortening URLs is useful – it makes the unwieldy manageable and decreases the chances of a URL accidentally breaking across lines and becoming unusable when sent via email or posted online. But the power in terms of monitoring comes in that many URL shorteners have built in tracking.
Shortened URLs can be used to track click-throughs when items are posted on websites or blogs, shared via social media, or included in emails. While site statistics, such as those provided by google analytics, can tell you how many people clicked on a link within a given website, or clicked through to a specific page from outside a website, shortened URL tracking allows one to know how many people clicked on a URL regardless of the origin of the URL and as a link is passed from user to user. This is important because it means you can track links to other people's content, not only your own.
As an example, AEA uses URL shorteners for tracking its headline and resources list. We use Twitter as a content management system (follow aeaweb), so the notices are initially sent out daily via Twitter and most contain a shortened URL for learning more about a headline or resource. The notices also appear in the "News" section of AEA's LinkedIn Group and on the "Headlines" page on AEA's website, are shared via a compiled list each Sunday on AEA's listserv – EVALTALK, and may be subscribed to so as to be received via a weekly email or RSS feed. By using the URL shortener, and tracking use, we gain a better understanding of how the content is being accessed and in what format, and make adjustments accordingly.
How does it work? There are many URL shorteners, but one of the easiest to use is bit.ly. Bit.ly is free and also has the advantage that you can choose the characters for part of the shortened URL.
Here is the quite long URL for a sample course syllabus posted by Gina Weisblat in the AEA eLibrary http://comm.eval.org/EVAL/EVAL/Resources/ViewDocument/Default.aspx?DocumentKey=bd4678d4-4497-47f0-a89c-cbf9ca9987e0. To shorten it, you copy the URL, go to http://bit.ly/, paste the URL into a box, and click "Shorten."
Bit.ly returns: http://bit.ly/dhi5IZ To make it more user-friendly, once you have shortened a URL, you can also enter characters into the "Custom Name" box and get a more recognizable URL. For instance, I then entered "weisblat' and bit.ly provided the following shortened URL: http://bit.ly/weisblat
If you click on either of the shortened links above, I can see the click-through statistics increase by 1. I can check on clicks over the past day, week, or month, and will know if the URL is shared via twitter or friendfreed. If you send it to a colleague via email or post it on your own website, bit.ly will still maintain the tracking and click counts.
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Wonderful Readers,
A colleague noted an inaccuracy in the language in my post. I had originally noted that "While site statistics, such as those provided by google analytics, can tell you how many people clicked on a link within a given website, shortened URL tracking allows one to know how many people clicked on a URL regardless of platform as a link is passed from user to user."
I should have said "While site statistics, such as those provided by google analytics, can tell you how many people clicked on a link within a given website, or clicked through to a specific page from outside a website, shortened URL tracking allows one to know how many people clicked on a URL regardless of the origin of the URL and as a link is passed from user to user. This is important because it means you can track links to other people's content, not only your own."
I have now updated the post for posterity.
What's the difference? Google analytics usually are available only to a site's administrators. Thus, only the administrators can see who is clicking where. URL shorteners allow anyone to track links and clicks regardless of whether it is to content on their own site. Thus, I could include a shortened link to an article on the New York Times website for instance, and know how many people clicked on the link that I shared, regardless of whether I shared it on my own website, on a blog, when I was commenting on someone else's blog, posted on Facebook, sent via email, or conveyed via any other sharing mechanism.
Stewart Lee, thanks so much for helping me to clarify!


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Tours & Facilities/
U.S. Mint Philadelphia Facility
The nation's first mint provides a wide array of coins and manufacturing services. Philadelphia produces coin and medal dies. It mints:
Numismatic products including annual uncirculated coin sets
Commemorative coins as authorized by Congress
In addition, the Philadelphia Mint employs the elite team of medallic artists who are entrusted with creating designs and sculptural models for the production of all the nation's coins and medals.
Learn the story behind our nation's coins by taking a tour of the Philadelphia Mint. Refer to the Philadelphia Tours page for more information.
New U.S. Mint Virtual Tour App
Can't travel to Philadelphia? In the new U.S. Mint Virtual Tours mobile app, numismatists of all ages can go behind-the-scenes at the Philadelphia Mint to see how coins are made. Explore the production floors and follow the steps of circulating coin creation through videos, images, and 3-D models. Along the way, collect hidden coins.
Download the virtual tour extension activity (PDF) with bingo cards suitable for multiple age levels.
Philadelphia Mint Video Corner
Watch one of our videos below or check out our YouTube playlist.
This page contains the following video: https://www.youtube.com/embed/FnRboZn7Zvg
History of the Philadelphia Mint
As the country's first Mint, the Philadelphia location has a fascinating history. The timeline below includes this facility's important moments. Learn more about where the Philadelphia Mint fits in the Mint's story, at History of the U.S. Mint.
– Collapse
1792: Congress establishes a national mint
April 2 - The Coinage Act of April 2, 1792 establishes a national mint. Congress chooses Philadelphia, then the nation's capital, as the location.
President George Washington appoints a leading scientist, David Rittenhouse as the first director.
1792: Two lots purchased to build the Mint
July 18 - Two lots are purchased for $4,266.67 at 7th and Arch Streets to build a three-story building, the tallest building in Philadelphia at that time.
1793: First circulating coins delivered
March - The Mint delivers its first circulating coins: 11,178 copper cents.
1795: First women hired
Sarah Waldrake and Rachael Summers become the first women hired by the Mint. They work as adjusters, weighing blank coins and "adjusting" those weighing too much by filing them down before the blanks were stamped into coins. Learn more about their story at Women at Work.
1833: Mint moves to second building
The Mint moves to a second facility at Chesnut and Juniper Streets.
1836: First steam press
March 23 - The first steam coin press is installed, increasing the speed of coin production.
1901: Mint moves to third building
June - The Philadelphia Mint moves to its third location on Spring Garden Street. Cost of the site and building is $2 million and includes seven Tiffany glass mosaics.
1969: Mint moves to fourth building
The Philadelphia Mint moves to its fourth, and current, location on Independence Mall.
1971: Re-installation of Tiffany glass mosaics
The Tiffany glass mosaics originally in the third Philadelphia Mint are re-installed in the fourth building, and are unveiled during a ceremony on June 8, 1971.
The mosaics can still be seen on a tour today.
2017: "P" mint mark on penny for first time
Philadelphia's mint mark, "P," appears on the one cent coin for the first time. This change is only for the 2017 issued cents, in honor of the Mint's 225th anniversary.
Other Mint Facilities: Denver | Fort Knox | San Francisco | Washington, DC | West Point
Content last updated on July 9, 2021
Mint History


Entry Period: Oct 23, 2017 (Monday) till Oct 25 (Wednesday) 2359h.
Prize announcement: Emails will be posted on Oct 26, 2017 (Thursday) until 1900h.
We will contact the lottery winners on Oct 26 (Thursday) by 1900h. (※ Only winners will receive an announcement mail. After Oct 26, if you have any questions regarding the lottery result, please contact us.) We will start shipping on Oct 27th.
・When the winners get the invoice, please make the payment within 1 week. The deadline for the payment is at 1500h (Japan time) on 18th August(Friday). Any unresolved orders will be cancelled.
・If you fail to win at the lottery and hope to wait for cancellations from other winners, plese make a note in your email, stating "I would like to wait for cancellation" when you place your lottery application. If there is any cancellation of orders, we will run another lottery again and only the winner will get our announcement. Please note that because the long-term summer holiday, the shipment for the order from the cancellation will only be after 4th September.
・These are very popular items. We hope to have more customers getting them so we will not accept applications from customers who had already got them at the toy exhibitions.
・Customers who want to join the lottery have to agree to the <Terms & Conditions>.
我們在10月26日(四)19點前發信件給中獎者. (※ 唯有中獎者會收到通知. 10月26日過後若有開獎的任何問題請跟我們聯絡.) 10月27日開始發貨.
・由於這兩款作品都是人氣商品, 我們希望有更多收藏家可以入手, 所以已經在玩具展中購入的客人, 請不要報名. 之前同樣商品得獎過的客人, 我們也會取消您這次的報名.


Staff View: Ancient Order of Hibernians Brockton (Mass.), January 10, 1919.
Ancient Order of Hibernians Brockton (Mass.), January 10, 1919.
OM I 4/8/1 This might be a ticket or the remainder of a letter of letterhead paper. Written on the sheet is: "James J. Sheehan". Centered and diagonally handwritten note: "Re. Congratulations to Irish people."


Classic Ford fans rejoice! Powerspark Ignition have launched an off the shelf electronic distributor for the Ford Essex V6 engine. The new item features high quality construction of a single aluminium moulding, containing the patented Powerspark electronic ignition module.
The Essex V6 engine was made famous by iconic classics such as the Capri and Granada. Prior to the launch of the Powerspark Essex distributor, the only option for classic car enthusiasts was an expensive refurbishment of the existing part. The new launch from Powerspark means owners of Essex V6 engined cars no longer have to wait weeks a refurbishment service and can buy off the shelf from powerspark.co.uk. With pre-orders now being fulfilled, Powerspark expect the new Essex distributor to be a popular addition to the range.
The Essex V6 is another addition to the Ford range from Powerspark. With the addition of the Cologne V6 distributor last year, the range now includes brand new distributors for most of the stable of classic Fords.


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Q: Oracle deref object from objects table I would like to know what is the best way to get an object from an Oracle object table into a deref variable.
This is my actual method, lets suppose the type:
create or replace TYPE person AS OBJECT (
  dni            VARCHAR2(20),
  nom            VARCHAR2(20),
  MAP MEMBER FUNCTION get_dni RETURN varchar2
);

create or replace TYPE BODY person AS
  MAP MEMBER FUNCTION get_dni RETURN varchar2 IS
  BEGIN
    RETURN dni;
  END;
END;

With this objects table:
create table partners of person;

Then, to get a person into a var I do:
declare
    a_person person;
begin
    select deref(ref(p)) into a_person
      from partners p
     where p.dni = 1;
    ...
end;

Is there a more elegant way to get unref object?

A: Seems that there are no really elegant alternative for your style of table declaration.
Only variant below, but it seems to be less elegant than yours:
declare
  a_person person;
begin
  select person(p.dni, p.nom) into a_person
  from partners p
  where p.dni = 1;
end;

I.e. decompose object to fields and construct it back.
But if you declare table with object type field, e.g.
create table new_partners (pers person)

then access would be much simpler:
declare
  a_person person;
begin
  select p.pers into a_person
  from new_partners p
  where p.pers.dni = 1;
end;

SQLFiddle


Crossfit is for everyone—no matter what age you are or what your athletic ability is.
I am a triathlete that started Crossfit in December, 2012. I wanted to try Crossfit to gain strength during the off-season and I was hooked immediately. The following month I was diagnosed with spinal stenosis and degenerative disc disease. When I asked my doctor what I could do to help my back, I expected him to tell me no more Crossfit. Instead, he told me no more distance running and "keep doing exactly what you are doing at Crossfit," and he was right. My back improved the 3 months I was there. I quit doing Crossfit in February when tri season training started and right after my last race of the season, I started back to Crossfit but this time at Rend Lake Crossfit. I love it there. I have made new friends and I am doing things I never thought I could do at my age. I did my first cartwheel in 40 years! My back has improved, along with my mobility, strength and endurance.
I see the benefits of Crossfit every day in every aspect of my life. Carrying groceries, getting up and down out of a chair, getting in and out of a car, and going up and down steps, are things most people take for granted but as we age, our ability to do these everyday tasks diminish, as does our muscle tone and bone density. My mother has suffered with the same back issues I have and I have watched her mobility decrease steadily over the last 15 years because she stopped moving. She is now in a wheelchair in a nursing home depending on other people to do those daily tasks for her. I don't want that to be me. I want to stay as active as I can as long as I can.
I love Rend Lake Crossfit, our wonderful trainer, Joseph, and all the great folks I train with. Joseph is such an inspiration and positive influence. He sees our potential and pushes us to do things we would never have the confidence to try on our own. I enjoy watching the achievements of other members, seeing them excel, and cheering them on and they do the same for me. I leave class barely able to walk to the car and then can't wait to do it again the next day. Triathlon training is beginning again and I have decided not to race as much this year so I can continue doing Crossfit. I just don't want to give it up because I would lose the benefits I've gained, I would miss everyone too much, and because it's so darned much fun!
Be sure to set your gravatar with an inspiring photo so that everyone can see who you are.


Dr. Jyotsna Joshi expertly summarises the recently updated NICE guidelines for appropriate antibiotic use in COPD exacerbations; acute exacerbation being a common occurrence in the natural course of COPD.
Acute exacerbation of COPD (AE COPD) is a common occurrence in the natural course of the disease. The frequency of exacerbation determines the therapy as per GOLD (Global Initiative on Obstructive Lung Diseases) guidelines combined assessment scoring. This uses the severity of symptoms and annual exacerbation rate. Inhaled corticosteroids are indicated in severe cases. Most exacerbations are due to bacterial infections.
National Institute of Health and Care Excellence (NICE), UK has provided guidelines for appropriate antibiotic use in COPD exacerbations. These are appropriate for the Indian scenario too.
An exacerbation is a sustained worsening of the person's symptoms from their usual stable state, which is beyond normal day-to-day variations and is acute in onset. Commonly reported symptoms are worsening breathlessness, cough, increased sputum production and change in sputum colour.
The presence all 3 symptoms was defined as type 1 exacerbation; 2 of the 3 symptoms was defined as type 2 exacerbation, and 1 of the 3 symptoms with the presence of 1 or more supporting symptoms and signs was defined as type 3 exacerbation.
Up to 50% cases of AE COPD are due to bacterial infections. Therefore, antibiotic use should be selective.
From the evidence identified, the committee agreed that it was not possible to identify which people with an acute exacerbation are more likely to benefit from antibiotics. However, from their experience, and based on existing expert consensus, the presence of sputum colour changes and an increase in volume or thickness beyond the person's normal day-to-day variation appear to be important factors.
It is common practice in India to initiate antibiotics and that too of higher class frequently leading to expanding drug resistance. The guidelines recommend basic antibiotics that have good activity against common pathogens, such as Streptococcus pneumoniae and Haemophilus influenzae and for short duration of 5 to 7 days. Incidentally, oral corticosteroid use in the form of prednisolone 40 mg single daily dose for 5 days has now been recommended based on studies in addition to antibiotics and bronchodilators.
Note: A person is receiving antibiotic prophylaxis, treatment should be with an antibiotic from a different class.
The committee agreed that a sputum sample should be sent for culture and susceptibility testing if symptoms have not resolved following antibiotic treatment and this has not been done already. Specific organisms, such as Pseudomonas aeruginosa may need to be looked for if people have prolonged recurrent exacerbations.
People who may be at a higher risk of treatment failure include people who have had repeated courses of antibiotics, a previous or current sputum culture with resistant bacteria, or people at higher risk of developing complications.
It is recommended restricting the use of fluoroquinolone antibiotics following a review of disabling and potentially long-lasting side effects mainly involving muscles, tendons, bones and the nervous system. Also, there is potential to create drug-resistant tuberculosis. Hence these should not be used for mild or moderately severe infections unless other antibiotics cannot be used.
Co-trimoxazole should only be considered for use in acute exacerbations of COPD when there is bacteriological evidence of sensitivity.
Review intravenous antibiotics by 48 hours and consider stepping down to oral antibiotics where possible.


text:
Corporations Keyed to Klein
The Nature of the Corporation
The Limited Liability Company
The Duties of Officers, Directors, and Other Insiders
Problems of Control
Mergers, Acquisitions, and Takeovers
Farris v. Glen Alden Corp 393 Pa. 427, 143 A.2d 25 (1958)
Hariton v. Arco Electronics, Inc 41 Del. Ch. 74, 188 A.2d 123 (1963)
Weinberger v. UOP, Inc 457 A.2d 701 (Del. 1983)
Rauch v. RCA Corp 861 F.2d 29 (2d Cir. 1988)
Coggins v. New England Patriots Football Club, Inc 406 Mass. 666, 550 N.E.2d 141 (1990)
Rabkin v. Philip A. Hunt Chemical Corp 498 A.2d 1099 (Del. 1985)
VGS, Inc. v. Castiel
Cheff v. Mathes 41 Del. Ch. 494, 199 A.2d 548 (1964)
Unocal Corp. v. Mesa Petroleum Co 493 A.2d 946, 1 EXC 391 (Del. 1985)
Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc 506 A.2d 173 (Del. 1985)
Paramount Communications, Inc. v. Time, Inc 571 A.2d 1140, 565 A.2d 280 (Del. 1989)
Paramount Communications, Inc. v QVC Network, Inc 637 A.2d 828, 637 A.2d 34 (Del. 1993)
ACE Ltd. v. Capital Re Corp 747 A.2d 95 (Del. Ch. 1999)
Hilton Hotels Corp. v. ITT Corp 978 F. Supp. 1342 (D. Nev. 1997)
CTS Corp. v. Dynamics Corp. of America 481 U.S. 69, 107 S. Ct. 1637, 95 L. Ed. 2d 67 (1987)
Corporate Debt
Corporations Keyed to Hamilton
Corporations > Corporations Keyed to Klein > Mergers, Acquisitions, and Takeovers
ACE Ltd. v. Capital Re Corp
Citation. Ace Ltd. v. Capital Re Corp., 747 A.2d 95, 1999)
CitationAce Ltd. v. Capital Re Corp., 747 A.2d 95, 1999 Del. Ch. LEXIS 201 (Del. Ch. Oct. 25, 1999)
Brief Fact Summary. Plaintiff, ACE Limited, brought this action to enjoin Defendant, Capital Re Corporation, from terminating their merger agreement after a better offer was presented to Defendant.
Synopsis of Rule of Law. An acquisition agreement that denies the directors of a company the ability to carry out their fiduciary duty owed to shareholders to obtain the highest value for the shareholders is invalid.
That type of restriction is perfectly understandable, if not necessary, if good faith business transactions are to be encouraged.
Facts. In early 1999 Defendant, in need of cash, approached Plaintiff and sold them 12.3% of its outstanding shares for $75 million. When their credit rating slipped, Defendant looked to merge with a company such as Plaintiff. The two parties signed a merger agreement in June of 1999 wherein Defendant received .6 shares of Plaintiff for every one share of Defendant's stock. The 12.3% holdings, as well as a shareholder agreement with another 33.5% of shareholders, allowed Plaintiff the luxury of having a near guaranty (with 45.8% voting power) of giving shareholder approval to a merger. The merger agreement contained a no-talk agreement that prevented Defendant directors from soliciting higher bids, but the agreement also allowed Defendant's directors to terminate the agreement if there was a future superior bid. When Plaintiff's share price fell (which in turn lessened the value paid for Defendant's shares) and a third party made a better offer, the directors cancelled the agree
ment with Plaintiff and gave Plaintiff five days to come up with a better offer than the third party. Plaintiff did so, but was again outbid by the third party. Instead of raising the bid further, Plaintiff sought a restraining order to prevent Defendant from canceling the merger agreement.
Issue. The issue is whether Plaintiff is likely to prevail in proving that Defendant breached their merger agreement with Plaintiff once Defendant entered discussions with a third party for a proposed merger.
Held. The court held that Defendant would be the one to suffer irreparable harm if a restraining order was granted, and also was more likely to prevail than Plaintiff, and therefore the order was denied. The court interpreted the provision of the merger agreement that allowed for Defendant's directors to cancel the agreement to allow for a cancellation in this case where there is a good faith judgment by the directors that they were obligated by their fiduciary duties to weight the other merger proposal. If the agreement did not allow for the directors to cancel the merger, then the agreement would be invalid as against Delaware law from preventing directors to carry out their duties to the shareholders to find the highest bid for the company's shares.
Discussion. The court follows the rule outlined in Paramount Communications, Inc. v. QVC Network, Inc. which disallows an agreement that would contract away a board's fiduciary duty obligations.
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