text:
Zivotofsky v. Kerry – Brief in Support of Petitioner, Elkins High School
Partner "A": Kole Hopwood
Partner "B": Matt Wallace
Elkins High School, West Virginia
Table of Cited Authorities:
The Federalist No. 10
A View of the Constitution of United States, Chapter XX
Blackstone's Commentaries
Haig v. Agee
Zivotofsky v. Clinton
Foreign Relations Authorization Act, Section 214
US Foreign policy with Jerusalem
The Harlan Institute
Statement of Argument:
The petitioner Mr. Menachem Binyamin Zivotofsky and his family have been denied the rights as citizens of the United States to list "Israel" as the country of their son's personal passport. Secretary of State John Kerry unconstitutionally denied them this right as it is expressed in the Foreign Relations Authorization Act passed in 2002 stating that upon the request of an American citizen born in Jerusalem can label their passport country as "Israel." In this case, Congress possesses the right to overrule the Executive Branch. As it is found in the Federalist papers number 10, former United States President James Madison states when dealing with a group of citizens with beliefs contrary to the rights of others that can harm our homeland, the people need to form a strong republic. This simply means that Congress should have the exclusive power over the Executive Branch in dealing with foreign affairs. This can include finding shared power between the Executive Branch and Congress, as well as the consistency of ruling on future cases.
Argument:
According to Article I, §8, Cl. 11 of The Constitution, "The Congress shall have the Power to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." A scenario would be when there is a foreign nation issue that can spark a war with the U.S, and if it is not handled properly, Congress shall have the power to declare a decision against that foreign nation. Article I, §8, Cl. 3, "The Congress shall have the Power to regulate Commerce with foreign nations." Both are stating that Congress has the power to make laws concerning foreign nations. This gives the power to Congress to make decisions concerning passports instead of the Executive Branch.
In the case Menachem Binyamin Zivotofsky v. John Kerry, Secretary of State, John Kerry denied the request to put on Menachem's birth certificate "Israel" as the country. In the Federalist papers No. 10, James Madison states that to guard against "factions," or groups of citizens, with interests contrary to the rights of others or the interests of the whole community, we need a strong republic. This states that he thinks Congress should have the power to protect our homeland against any citizen that could harm our country. In this case, Congress should have the power to choose whether or not to write "Israel" as the country, not the Executive Branch, because it has the chance of harming our homeland.
William Rawle's take on A View of the Constitution of the United States, Chapter XX states that, "the Legislature indeed possesses a superior power, and may declare its dissent from the executive recognition or refusal, but until that sense is declared, the act of the executive is binding." He is stating that Congress has the superior say over the Executive branch when it comes to making a decision. It also states, "the power of Congress on this subject cannot be controlled; they may, if they think proper, acknowledge a small and helpless community, though with a certainty of drawing a war upon our country; but greater circumspection is required from the President, who, not having the constitutional power to declare war, ought ever to abstain from a measure likely to produce it." William Rawle is stating that Congress has superior power over the Executive Branch to declare dissent with the President if they need to, and in such a case as the one in question, Congress should have the power over the Executive Branch to choose whether or not to have the country listed as "Israel."
In the Federalist papers No. 69 Alexander Hamilton states that, "The President is also to be authorized to receive ambassadors and other public ministers. This, though it has been a rich theme of declamation, is more a matter of dignity than of authority. It is a circumstance which will be without consequence in the administration of the government; and it was far more convenient that it should be arranged in this manner, than that there should be a necessity of convening the Legislature, or one of its branches, upon every arrival of a foreign minister, though it were merely to take the place of a departed predecessor." He is stating that the President has the power to receive ambassadors but this is more for a show than actually having authority. In the Zifotofsky case, the President went over his authority and denied the right that the child has under the 2002 law that Congress passed. The law states that the Secretary of State should, upon the request of citizens born in Jerusalem or their legal guardians, list the place of birth as "Israel" on their passport. He is clearly breaking a law when he denied the parents the right to put "Israel" as the country of birth on their son's passport.
In the "St. George Tucker, Blackstone's Commentaries: With Notes of Reference to the Constitution and Laws of the Federal Government of the United States and of the Commonwealth of Virginia, Appendix Note D" St. George Tucker explains that, "the President has the right to appoint ambassadors from foreign nations, requiring that ambassadors should be sent from one to another, the appointment of such ministers, is by our Constitution vested in the same departments of government as the treaty making power; the exclusive right of nomination being vested in the President; the Senate in this case, as in other cases of appointment in which they have any concurrence, having simply the right of approving, or of rejecting, if they think proper; but they cannot propose any other person in the room of him whom they may reject; they may prevent the appointment of an agent in whom they have not a proper degree of confidence, but they cannot substitute a more fit one in his stead." It is stating that Congress has the overall power to override the Executive Branch because they have the final say of approval and can reject if they don't think the agent fits. In the case Zivotofsky v. John Kerry, Congress should have the overall power to override the President.
Mr. Zivotofsky clearly states that he believes his son's passport should read "Israel" on the area where it states country. Secretary of State, John Kerry, believes that the child's passport should read "Jerusalem" for the country. In the Foreign Relations Authorization Act, Section 214 it reads that, "a citizen has the right to place "Israel" as country on the passport." Congress passed this Act and when a bill is passed by Congress and signed by the President it is supposed to be applied and enforced.
Zivotofsky v. Clinton was perhaps the first move taken in the courtroom. This case would later fall into the realm of Zivotofsky v. Kerry. However, Zivotofsky v. Clinton, a policy was passed that a legal citizen born in Jerusalem has the option to list their country as "Israel" on their personal passport. This solely pertained to citizens born in the area of Jerusalem. When the bill arrived to President George W. Bush he was of the belief that the policy would disrupt the way he dealt with the recognition of dealing with foreign countries.
The United States' approach to foreign relations with Jerusalem and Israel is very methodical. For a number of years now there has been ongoing fighting between the Israelis and the Palestinians on regards to sovereignty over the Holy Land. With regards to foreign relations, Harry Truman once said, "We continue to support, within the framework of the United Nations, the internationalization of Jerusalem and the protection of the holy places in Palestine." The United States of America has great respect for the Holy Land, one reason being it shows Christianity which is a very prevalent religion in the U.S. The entire world is well aware of the unrest in this area as well as the practice of three different religions occurring. President Lyndon B. Johnson once said, "There must be adequate recognition of the special interest of the three great religions in the holy places of Jerusalem. On this principle he assumes that before any unilateral action is taken on the status of Jerusalem there will be appropriate consultation with religious leaders and others who are deeply concerned." Both of these statements said by previous presidents demonstrate the way of action we take when interacting with the area. If extra precaution is not taken, millions can become even more enraged and then we will have a massive problem on our hands. However, simply stating on a passport that a United States citizens country is "Israel" does not possess the capability to cause this kind of havoc.
In the case Haig v. Agee in 1981 there was great debate on whether a passport should be revoked. The petitioner Phillip Agee, an American citizen, was a CIA agent living outside of the United States who leaked information about fellow agents. The Secretary of State holding office at the time revoked his passport which disabled him from being able to enter the United States. Agee later sued and it was found that it was wrong for the passport to have been revoked. This relates very well to the Zivotofsky v. Kerry case because, like Phillip Agee, the Zifotofsky's are all three citizens of the United States of America. If the Secretary of State is considering blatantly revoking the passport, this would be unlawful. Something to also add, Congress in the year 2002 passed the Foreign Relations Authorization Act stating that the Secretary of State has to list Israel on the country portion of the passport to a citizen born in Jerusalem presenting the request. There should be no debate about this topic if the government would fully stand behind and enforce the laws that Congress and the President pass. The Executive Branch is clearly not doing its designated job. This law was passed by Congress; therefore, it should be enforced. Mr. Zivotofsky could clearly present his case with this being emphasized as the main point in his argument. The government of the United States of America is shifting away from the moral and ethical standards in which this country for many of years has held closely to, these standards being inscribed in the U.S. Constitution. The President's recognition power pertains to the laws that are passed and put into action by Congress. Therefore, the President and the Executive Branch need to recognize the Law passed in 2002 and put it into immediate action.
History shows that Menachem Binyamin Zivotofsky's rights were violated. The Constitution clearly states that Congress shares the recognition power when it comes to foreign relations. James Madison in the Federalist Papers Number 10 states that we need to have a strong republic when it comes to guarding against groups of citizens with interests contrary to the rights of other citizens. If it could bring harm to our homeland, which the citizens could, Congress overpowers the Executive Branch. In the case Menachem Binyamin Zivotofsky v. John Kerry, Secretary of State, the Executive Branch clearly goes over Congress and denies the parent's rights to put Israel as the place of birth on the son's birth certificate. Please take into consideration that a little boy's rights were denied and that having Congress, which consists of 535 people, would make a better judgment than the privileged few associated with the Executive Branch.
The petitioner, Mr. Zivotofsky clearly has enough hard evidence to back up what he is stating and therefore should be ruled in favor by the Supreme Court in this case. It needs to be ruled in favor not only for this case, but as a model for future cases. Going directly back to the Foreign Relation Authorization Act Congress passed in 2002 about a citizen born in Jerusalem being able to label a passport country as "Israel", in this lays the proof of the credibility of the petitioner's view. Our government needs to follow through with what the President and Congress decided in 2002, this act needs to be activated. The United States values this treasured area and closely follows the religion of Christianity which originated here, as well as respects the other two prevalent religions being practiced in the area. Mr. Zivotofsky's case needs to be ruled in favor by Congress, not only for his son and his family, but for future hard working natives of Jerusalem wishing to enter the United States of America.


text:
MUSIC PRODUCTION BLOG
Reason 11 will arrive as a plug-in
Propellerhead has announced Reason 11, a major update that sees its flagship DAW available as a plug-in version known as Reason Rack Plugin. The Swedish music software company has also officially changed its name to Reason Studios to better align its flagship product with brand identity.
How to program your own beats in Logic Pro X
With features like Note Repeat and a vast library of drum sounds, Logic Pro X is the perfect tool for programming your own beats. We pick up our sticks and show you how to get more creative with the DAW.
9 Essentials for Setting Up Your Home Studio
You're probably here because you're keen to start channeling your creative skills into the world of music production and beyond. Building beats is great fun and setting up a creative studio space to call your own can be just as rewarding. But, If you're a bit stuck on how to get started, that's fine – we were all there at some stage.
5 Fundamental Software Synths Every Producer Should Own
As a musician, working with different types of synths can be a rewarding way to experiment with electronic music production and learn what's what in the world of synthesis.
The easy guide to music theory: how to find the right chords to fit a melody
Maybe you've just dreamt up a cool melody or been tasked with remixing a track that has an existing vocal line. You're off to a good start, but how do you go about finding chords that fit?
What is the 808 kick, and why do we all still love it?
The history of one of the most iconic sounds in electronic music. "Nothing sounds quite like an 808," declared the Beastie Boys. But why, and how has its sound managed to endure?
Studio Worx @ Flipboard
Don't forget that you can also check out more blog material and articles on our Studio Worx magazine over on Flipboard!
Music @ Flipboard
Don't forget that you can also check out more blog material and articles on our Music magazine over on Flipboard!

redpajama_set_name: RedPajamaCommonCrawl


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text:
Who Was Mayra Zulfikar? British Law Graduate Shot Dead in Pakistan by 2 Men Who Wanted to Marry Her
Zulfikar, 26, had traveled to Lahore, Pakistan, two months ago to attend a cousin's wedding but decided to stay in the country after it was placed on the coronavirus red list.
By R. Ghosh
May 5, 2021 20:35 +08
Biden cracks down on Russia
A young British woman of Pakistani origin was reportedly shot dead in Lahore by two men, in what local media reports may have been a "crime of passion" as both wanted to marry her. Mayra Zulfikar, a 26-year-old law graduate from Feltham in south west London, had traveled to Lahore two months ago to attend a cousin's wedding.
Zulfikar had reported been threatened by the two men who both wanted to marry her, according to legal documents filed by the local police. According to police, the young woman had been shot in the neck and arm. Police is yet to make any arrests.
Killed Brutally
Mayra Zulfikar Facebook
Zulfikar was found dead at a property in the up-market Defence district of Lahore in the early hours of Monday morning after four attackers reportedly barged into a bedroom in the home of friend, where she was staying the night. She suffered multiple gunshots in the neck and arm, and was found lying in a pool of blood when police reached the scene.
According to a police report said Zulfiqar's uncle, Mohammad Nazeer, found her body after receiving a phone call from her father in London to say she had been killed. According to a report in the DailyMail, the woman had complained to her relatives about unwanted advances being made by a local gangster in Lahore.
Nazeer told BBC that Zulfiqar had confided in him that she had become embroiled in a dispute with two male friends after she had refused their marriage proposals, and that they had threatened her with "dire consequences". However, no one expected that would end in a gruesome murder.
Sayyed Ali, an operations superintendent at Punjab Police, told local English newspaper Dawn that forensic experts had visited and cordoned off the scene. "We are also after two suspects and will share further details at a later stage," he said, adding that Zulfiqar's phone had been found near her body. Police is analyzing the phone and the CCTV footage was also being examined.
Crime of Passion
Mayra Zulfikar LinkedIn
Zulfikar had travelled to Pakistan two months ago with her mother Tabasaam to attend a cousin's wedding but decided to stay in the country after it was placed on the coronavirus red list and also because she did not want to pay to $2,400 to quarantine if she returned to the UK.
Zulfikar had reportedly complained to relatives about the cost of the 10-day quarantine in the UK saying that she preferred to stay in Pakistan for some time as she hoped that it would be removed from the red list after a month.
Another family source revealed that Zulfikar was really disturbed after the two men threatened her. She had in fact, made three complaints to local police about being harassed by Saad Ameer Butt, one of two men who have been arrested.
"A local gangster who is closely connected to the police in Lahore took a shine to her but despite reporting him for harassment, they did nothing. The police are very corrupt over there and don't take crimes against women seriously," the family source added.
On the night of the crime, neighbors reported hearing screaming and at least two gunshots before police arrived to find Zulfiqar's body in an upstairs bedroom, which had also been trashed.
A post mortem examination is reportedly being carried out to determine the Londoner's cause of death. Police said that investigators are looking at whether her death was due to the gunshot wound, or if strangulation was also involved.
Zulfikar had reportedly got engaged to a man from Islamabad soon after arriving in the country and they were planning to marry next year.
However, some family sources believe that there was only one man who was harassing her. "There were not two men who were after Mayra's hand, that's just not true. She was engaged and in a steady relationship. It was one man who was harassing her, and we don't know why. Perhaps it was because she's from the UK and is a very beautiful girl. It might have been a status thing for him," the family source added
Zulfikar aspired to become a lawyer and start her own law firm. Prior to travelling to Pakistan for the wedding, she did an internship with a legal company in Dubai.
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How can I bare the in-laws when they are fighting for nonsense?
I'm five months pregnant and my hormones are out of control but I been have some issues.I love my in-laws but I have notice that my sister-in-law has a mouth that it bothers especially cursing in front her kids even if it's not directed to her kids. My mother-in-law is not in the greatest health and when my sister-in-law want to help she make things worst by yelling and cursing so everyone can hear her. So ever since they were at each other I said to them I'm upset and I'm leaving. I gather my things and left. I really want to punch something at this point Now my sister-n- law has been harassing my husband an I about that fact that I won't bring the baby over or being the possible godmother and a mother-in-law crying about everything. What can my husband I do to make them understand that this fighting has to stop. When this baby is born I will not stand to have my baby listen to them two fighting.
Wow my many thanks to you Lyssadisco. I really needed some feedback. Well my husband had a talked with his family and its hard to meet in the middle. At least we try to put our foot down and see what happens with time. I'm not quite ready to have a conversation with the in-law but I will soon. Thanks again.
I know the feeling. I flipped out on my in-laws a couple of times when I was pregnant. There are two things you can do about it: Say what you feel, tell them exactly what you want and then blame it on the hormones. (Pregnancy can get you out of quite a bit). Then later on they may avoid fighting around you.... but it won't fix it permanently. Second option: Sit down with them and have a heart to heart. Tell them how you feel about the situation and that stress isn't good for you or the little one in your belly. Also tell them that it's not the kind of environment you want that soon to be bundle around. You also have a third option: let it slide and risk one day flipping out about it because you now have a child and you're too stressed out to control yourself.


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redpajama_set_name: RedPajamaGithub


Zachariah was employed by the railroad for more than 50 years during which he served as a switchman, a brakeman, and a fireman. He was also a member of the brotherhood of Locomotive Firemen and Enginemen for more than 60 years and a member of the Retired Railroadmen's Association later in life. He enjoyed listening to baseball games on the radio and playing cards.
This entry was posted in Lawrence County, Owen County, Vigo County and tagged Jones, McGrew, Reed, Saltsgiver on July 14, 2014 by oahblog.


With the summer approaching, nothing could get hotter than playing volleyball. The sheer word brings into picture the sunny beaches and scantly clad women. The game has all the things you could think of related to volley and the regular dose of strategy fed into the game play.
» Tower Bloxx is a puzzle type game made by Digital chocolate studios.


text:
// #define OUTPUT_DEBUG
#include "v0.hpp"

#include <string>

#include "mediafire_sdk/api/error.hpp"
#include "mediafire_sdk/api/ptree_helpers.hpp"
#include "mediafire_sdk/utils/string.hpp"
#include "mediafire_sdk/api/session_token_api_base.hpp"

#include "boost/property_tree/json_parser.hpp"

namespace v0 = mf::api::device::share_resources::v0;

namespace {
std::string AsString(const v0::Permissions & value)
{
    if (value == v0::Permissions::Read)
        return "1";
    if (value == v0::Permissions::ReadWrite)
        return "2";
    if (value == v0::Permissions::Manage)
        return "4";
    return mf::utils::to_string(static_cast<uint32_t>(value));
}
}  // namespace

#include "mediafire_sdk/api/type_helpers.hpp"

namespace mf {
namespace api {
/** API action path "device" */
namespace device {
namespace share_resources {
namespace v0 {

const std::string api_path("/api/device/share_resources");

// Impl ------------------------------------------------------------------------

class Impl : public SessionTokenApiBase<Response>
{
public:
    Impl(
            std::string resources,
            std::string contacts
        );

    std::string resources_;
    std::string contacts_;
    boost::optional<Permissions> permissions_;
    boost::optional<std::string> message_;
    boost::optional<std::string> fb_access_token_;
    boost::optional<std::string> tw_oauth_token_;
    boost::optional<std::string> tw_oauth_token_secret_;
    virtual void BuildUrl(
        std::string * path,
        std::map<std::string, std::string> * query_parts
    ) const override;

    virtual void ParseResponse( Response * response ) override;

    mf::http::SharedBuffer::Pointer GetPostData();

    mf::api::RequestMethod GetRequestMethod() const
    {
        return mf::api::RequestMethod::Post;
    }
};

Impl::Impl(
        std::string resources,
        std::string contacts
    ) :
    resources_(resources),
    contacts_(contacts)
{
}

void Impl::BuildUrl(
            std::string * path,
            std::map<std::string, std::string> * query_parts
    ) const
{
    *path = api_path + ".php";
}

void Impl::ParseResponse( Response * response )
{
    // This function uses return defines for readability and maintainability.
#   define return_error(error_type, error_message)                             \
    {                                                                          \
        SetError(response, error_type, error_message);                         \
        return;                                                                \
    }

    // create_content_parse_single required
    if ( ! GetIfExists(
            response->pt,
            "response.device_revision",
            &response->device_revision ) )
        return_error(
            mf::api::api_code::ContentInvalidData,
            "missing \"response.device_revision\"");

#   undef return_error
}

mf::http::SharedBuffer::Pointer Impl::GetPostData()
{
    std::map<std::string, std::string> parts;

    parts["resources"] = resources_;
    parts["contacts"] = contacts_;
    if (permissions_)
        parts["permissions"] = AsString(*permissions_);
    if (message_)
        parts["message"] = *message_;
    if (fb_access_token_)
        parts["fb_access_token"] = *fb_access_token_;
    if (tw_oauth_token_)
        parts["tw_oauth_token"] = *tw_oauth_token_;
    if (tw_oauth_token_secret_)
        parts["tw_oauth_token_secret"] = *tw_oauth_token_secret_;

    std::string post_data = MakePost(api_path + ".php", parts);
    AddDebugText(" POST data: " + post_data + "\n");
    return mf::http::SharedBuffer::Create(post_data);
}

// Request ---------------------------------------------------------------------

Request::Request(
        std::string resources,
        std::string contacts
    ) :
    impl_(new Impl(resources, contacts))
{
}

void Request::SetCallback( CallbackType callback_function )
{
    impl_->SetCallback(callback_function);
}

void Request::HandleContent(
        const std::string & url,
        const mf::http::Headers & headers,
        const std::string & content
    )
{
    impl_->HandleContent(url, headers, content);
}

void Request::HandleError(
        const std::string & url,
        std::error_code ec,
        const std::string & error_string
    )
{
    impl_->HandleError(url, ec, error_string);
}

std::string Request::Url(const std::string & hostname) const
{
    return impl_->Url(hostname);
}

void Request::SetSessionToken(
        std::string session_token,
        std::string time,
        int secret_key
    )
{
    impl_->SetSessionToken(session_token, time, secret_key);
}

void Request::SetPermissions(Permissions permissions)
{
    impl_->permissions_ = permissions;
}

void Request::SetMessage(std::string message)
{
    impl_->message_ = message;
}

void Request::SetFbAccessToken(std::string fb_access_token)
{
    impl_->fb_access_token_ = fb_access_token;
}

void Request::SetTwOauthToken(std::string tw_oauth_token)
{
    impl_->tw_oauth_token_ = tw_oauth_token;
}

void Request::SetTwOauthTokenSecret(std::string tw_oauth_token_secret)
{
    impl_->tw_oauth_token_secret_ = tw_oauth_token_secret;
}

mf::http::SharedBuffer::Pointer Request::GetPostData()
{
    return impl_->GetPostData();
}

}  // namespace v0
}  // namespace share_resources
}  // namespace device
}  // namespace api
}  // namespace mf


text:
Security guard charged with murder in Philly bar manager's shooting
By Katherine Scott
GERMANTOWN (WPVI) -- The security guard at a Philadelphia bar has been jailed on a murder charge for allegedly shooting the tavern's manager during an argument.
Twenty-eight-year-old Edward Morgan has also been charged with carrying an unlicensed firearm and other weapons charges in the shooting Monday night at Sharon's Little Spot.
It happened around 11 p.m. inside the bar, located at the intersection of Boyer and East Woodlawn streets in the city's Germantown section.
Police say there was a history of bad blood between Morgan and the 44-year-old bar manager, Christopher Johnson, before Morgan shot him after an argument.
They were in a back room when the argument became physical, police said.
Morgan told investigators the manager hit him over the head with a bottle.
And that's when, police say, Morgan pulled out his gun and fired three times at Johnson.
"It doesn't make any sense to me," Philadelphia Police Commissioner Richard Ross told Action News. "Seems like he was there to protect the place. Instead the opposite happened."
Police say a fight between a bar manager and an armed, uniformed security guard turned deadly in Germantown last night. Guard in custody.
— Katherine Scott (@KScott6abc) January 17, 2017
The manager was hit twice in the torso and once in the leg.
He was conscious when police arrived, but the victim died a short time later at Einstein Medical Center.
Police say Morgan remained at the scene and was taken into custody. Officers also took possession of his weapon.
There was one patron in the bar at the time of the shooting. That person was taken in for questioning.
Police didn't say what deadly fight between bar manager and security guard was over but said fight had been simmering and erupted last night
It is not clear what the manager and security guard were fighting about.
Morgan faces a preliminary hearing on Feb. 1.
northwest philadelphiabarfightphilly newsshooting


text:
Sprint Communications Company L.P. v. Time Warner Cable Inc.
SPRINT COMMUNICATIONS CO., L.P., Plaintiff,
TIME WARNER CABLE, INC., et al., Defendants.
John W. Lungstrum United States District Judge
This matter comes before the Court on the motion by defendants ("TWC"), pursuant to Fed.R.Civ.P. 54(d)(1), for review of the Clerk's taxation of costs in favor of plaintiff ("Sprint") (Doc. # 523). As more fully set forth below, the motion is granted in part and denied in part. The motion is granted with respect to Sprint's costs for nine depositions taken solely in another case; but the motion is denied with respect to Sprint's costs for the six other challenged depositions that were taken in the instant case. Accordingly, the costs taxed by the Clerk shall be reduced in the amount of $17, 918.85, and thus costs shall be taxed in the total amount of $1, 040, 845.95.
Sprint filed three related patent infringement actions in this Court, against TWC and two other companies, which cases were consolidated for pretrial purposes. Plaintiff filed a fourth infringement suit, against Cox Communications, Inc. and related entities (collectively "Cox"), which was litigated in federal court in Delaware, and which the parties settled, with each party bearing its own costs. A jury found against TWC and awarded damages to Sprint, and judgment was eventually awarded by this Court in favor of Sprint in the amount of $145, 983, 548.00. The Federal Circuit affirmed the judgment.
Sprint submitted a bill of costs (with a supporting brief) in the amount of $1, 157, 002.05. TWC objected to various items, including with respect to costs for "over a dozen" depositions taken in the Cox case in Delaware, which TWC did not attend, after discovery had closed in the present case. TWC specifically identified only one such deposition, however. In its reply, Sprint argued that the costs of any such depositions should be taxed, but it withdrew a few other items, and it reduced its request for costs to a total amount of $1, 117, 783.15. On September 30, 2019, the Clerk taxed costs in favor of Sprint in the amount of $1, 058, 764.80. The Clerk denied Sprint certain requested costs, including some costs relating to depositions.[1] TWC then filed the instant motion for review. Specifically, TWC objects to the taxation of costs with respect to 15 depositions (referenced by particular invoices submitted by Sprint), on the basis that such depositions were taken in the Delaware case against Cox and involved witnesses that had already been deposed in the present action.
II. Governing Standards
Fed. R. Civ. P. 54(d) states that costs should be allowed to the prevailing party. See id. The applicable statute provides that "[f]ees for printed or electronically recorded transcripts necessarily obtained for use in the case" may be taxed as costs. See 28 U.S.C. § 1920(2). Such costs must be "reasonably necessarily to the litigation of the case." See In re Williams Sec. Litig. - WCG Subclass, 558 F.3d 1144, 1148 (10th Cir. 2009) (quoting Mitchell v. City of Moore, Okla., 218 F.3d 1190, 1204 (10th Cir. 2000)). That determination is based not on hindsight but on the facts and circumstances at the time the cost was incurred. See Id. The "necessarily obtained" standard, however, "does not allow a prevailing party to recover costs for materials that merely added to the convenience of counsel or the district court." See Id. at 1247 (internal quotations and citation omitted). The prevailing party bears the burden of establishing the amount of costs to which it is entitled. See Id. at 1148. Whether materials are necessarily obtained for use in the case present a question of fact for the district court, which possesses broad discretion in awarding costs. See Id. at 1148-49.
III. Depositions Taken Also in This Case
TWC challenges costs for 15 depositions. In its response, Sprint notes that six of the depositions (Casner, Gilliam, Hodge, M. Nelson, Patterson, Setter) were taken not only in the Delaware action but also in the present action involving TWC, as demonstrated by the caption on the first page of each transcript. TWC does not dispute that those depositions were also noticed in the present action. Moreover, the transcripts demonstrate that counsel for TWC appeared at four of the depositions, and TWC's counsel asked questions at three depositions. Thus, the premise for TWC's objection does not hold with respect to six of the 15 depositions.
TWC nonetheless argues in its reply brief - albeit without citation to authority - that Sprint should be deemed to have waived this argument (that the six depositions were in fact taken in the present case) because Sprint failed to make that point in conferring with TWC and in briefing the issue to the Clerk. The Court declines to circumvent a decision on the merits in that way, however, as it is not persuaded that the equities entirely favor TWC on this issue. In short, TWC also contributed to any confusion. It is true that after TWC raised the issue, Sprint failed to appreciate that some of the invoices that referred only to the Delaware case were for depositions that also were taken in the Kansas cases; but TWC has not shown that it identified the particular invoices (out of 275 invoices submitted by Sprint for depositions) to which it objected. Then, in its brief to the Clerk, when TWC objected to costs for "over a dozen" depositions taken in the Delaware case, it specifically identified only one such deposition. Thus, Sprint responded only to TWC's general argument that costs should not be taxed for depositions taken only in the Delaware case.
TWC then filed the instant motion, which includes a chart identifying the 15 challenged depositions (with the dates of the depositions, the cost amounts for the transcripts and videos, and the identifying numbers for particular invoices submitted by Sprint). TWC apparently did so, however, without checking to see whether those depositions were also noticed in the present case, and without noticing that its counsel had attended four of the depositions. This is despite the clue offered by the deposition dates, as the six depositions noticed in this action occurred prior to the end of fact discovery (somewhat contradicting TWC's argument that the depositions generally took place well after discovery had ended). Accordingly, the Court will not penalize Sprint by refusing to consider the actual merits of its claim for costs for these six depositions.[2]
TWC also argues in its reply brief that Sprint has failed to satisfy its burden to show that the transcripts and videos for these six depositions were necessarily obtained for the present litigation. The Court rejects this argument. As it made clear in its motion, TWC did not object generally to such costs for depositions taken in the present case. These six witnesses were identified as persons with relevant information, and there is no suggestion that earlier depositions of the same witnesses made these depositions unnecessary. The Court in its discretion overrules TWC's objection to the Clerk's taxation of costs for these six depositions taken in the present case.
IV. Depositions Taken Only in the Delaware Case
         Sprint does not dispute that the other nine challenged depositions (Ball, Barland, Houh, Kalinoski, Min, T. Nelson, Overy, Rao, Wicker) were taken only in the Delaware case, after the close of fact discovery in the present case, without notice to or participation by TWC[3], of witnesses who had already been ...


Knoedler Gallery was a reputable art gallery, in existence for over 150 years. When it closed in 2011, accusations that it sold forgeries were just starting to mount. Art collectors are still steaming over purchases of suspect artworks. In fact, another case, according to the New York Times Reporter Patricia Cohen this one is No.6, has been filed earlier this month by the former ambassador to Romania, Nicholas F. Taubman who bought a fake Clyfford Still from the now defunct gallery in 2005. Like dozens of other suspect works, this Clyfford Still came to Knoedler from the stock of the Long Island art dealer Glafira Rosales, a.k.a. Glafira Gonzales ("Rosales").
Naturalized citizen of the United States, Rosales sold dozens of art works attributed to important 20th century artists, including Mark Rothko, Robert Motherwell, and Jackson Pollock on behalf of fictitious clients. As a part of her elaborate scheme, Rosales lead the Knoedler staff to believe that all of the works she offered were owned and consigned to her by others. Between 2006 and 2008, the proceeds of Rosales' sales exceeded $14 million. Now, the charges brought against her allege that she was "dealing in fake artworks for fake clients;" however, this is not the thrust of the accusations. In a complaint dated May 20, 2013, Rosales is accused of evading taxes owed on the proceeds from the sale of these fake works. It is an Al Capone story all over again, minus the murder and prostitution.
For years, Rosales omitted or significantly understated her gross receipts; she also failed to comply with mandatory IRS filing requirements. Specifically, Rosales under-reported her income, by omitting at least $12.5 million from her returns between 2006 and 2008. Also, between 2007 and 2011, she failed to report to the IRS the existence and worth of her foreign bank accounts, a mandatory requirement for U.S. taxpayers with foreign holdings in excess of $10,000 during any given year. The IRS investigators were able to trace money transfers to accounts connected to Rosales located in La Coruna and Lugo, Spain.
The eight counts of violations brought against Rosales, if combined (three false tax returns and five years of willful failure to file disclosures), carry a maximum penalty of 34 years in prison and a maximum fine of $1,550,000.
If Glafira Rosales qualifies as the Trojan Horse of the Knoedler Gallery, the Achilles hill of that horse may be her income tax forms.
Source: Sealed Complaint; The New York Times.


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The net is abuzz with news of a vulnerability uncovered in the popular WinRar software, potentially affecting over 500 million users worldwide. The vulnerability, which makes it possible for malicious code to be executed when opening self-extracting (SFX) ZIP or RAR files, was recently discovered by security researcher Mohammad Reza Espargham.
In summary; attackers can exploit the SFX vulnerability to execute code remotely on target machines by adding specially crafted HTML code via the software's Text and Icon function.
Tech blogs have been quick to report this vulnerability, with some resorting to the usual sensationalism. For its part, Rarlab, the maker of WinRar, has responded with a very much "it's all a fuss about nothing" approach. In a brief statement published online, Rarlab asserted that… "WinRAR self-extracting (SFX) archives are not less or more dangerous than other exe files".
Any executable is potentially dangerous, and especially so when received or downloaded from an unknown or untrusted source.
Hackers can append malicious code to any SFX archive and then distribute same, it doesn't necessarily have to be done through the WinRar software.
Limiting WinRar's HTML functionality would only hurt legitimate users while, for those with malicious intent, there are plenty of alternative avenues to achieve the same result.
All of which rings true. So, while Rarlab's response might not be particularly empathetic, it does appear to be logical.
So, Should You be Concerned?
I am by no means an expert in security related matters but, on the other hand, it doesn't take an Einstein to realize that these types of files, executables and especially self-extracting executables, are inherently risky anyway and should always be treated as such. Provided users apply the standard rule of thumb – i.e. unless received or downloaded from a known trusted source, these files should never be run outside of a sandbox or virtual environment, if at all – there doesn't appear to be any particular need for alarm.
Prev:AVG Collecting & Selling Data from its Users – Mountain or Molehill?
Next:Are You Easily Distracted by Shiny Objects?
Winrar SFX archive can very well be opened by winrar.exe, just as plain .rar files, in that, nothing to worry I guess.


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text:
General Díaz Football Club is a Paraguayan football club from Luque that currently plays in the División Intermedia. Founded in 1917, it plays at the Estadio General Adrián Jara in Luque.

The club's name came from José Eduvigis Díaz, a Paraguayan general.

History
The club was founded on September 22, 1917.

In 2004, the club finished as runner-up of the Tercera División, but only one club was available for promotion at that time. In 2006, they were runner-up again, but this time they were able to be promoted to the Segunda Division (Intermedia). In 2012, they were the champions of the Division Intermedia, and were promoted to the Primera Division for the first time in the club's history.

In 2013, the club qualified for its first ever continental tournament, the Copa Sudamericana, through their placement in the aggregate table (Apertura & Clausura combined). They did this in their first season in the top tier, being one of the only two Paraguayan clubs to achieve this along with Deportivo Capiatá. In the 2014 Copa Sudamericana, they played C.D. Cobresal of Chile first, and won 4-3 on aggregate (2-1, 2-2). Then they played Colombian powerhouse Atlético Nacional, where they produced a massive upset by winning the first leg at the Estadio Atanasio Girardot in Medellín 2-0, but lost the second leg in Luque 1-3. Although the aggregate score was 3-3, Atletico Nacional advanced because of the away goals rule.

In 2017, the club finished sixth in the aggregate league table, meaning it qualified for the 2018 Copa Sudamericana, their second time participating in the competition. They began their campaign by playing against Ecuadorian powerhouse Barcelona S.C., beating them 2-1 on aggregate. Then they faced Colombian side Millonarios F.C., where they drew the first leg 1-1 at Estadio Defensores del Chaco in Asunción. They played there because their regular stadium was too small for continental competition games. General Díaz lost the second leg 4-0 at Estadio El Campín in Bogotá, and were knocked out of the tournament with an aggregate score of 1-5.

Stadium

General Diaz plays its home games at Estadio General Adrían Jara, which has a capacity of 4,000 and was built in 1974. The stadium is currently undergoing a renovation and expansion since January 2019. The stadium's capacity will be expanded from 4000 to 7000, and will have a new press box and new changing rooms.

Honours
División Intermedia: (1)
2012
División Intermedia: (0)
Runner-up: 2007
Paraguayan Tercera División: (0)
Runner-up: 2004, 2006
Regional League Titles: (3) (Liga Luqueña de Fútbol)
1966, 1967, 1968

Current squad

Notable players
To appear in this section a player must have either:
 Played at least 125 games for the club.
 Set a club record or won an individual award while at the club.
 Been part of a national team at any time.
 Played in the first division of any other football association (outside of Paraguay).
 Played in a continental and/or intercontinental competition.

2000's
 Javier Cohene (2005)
2010's
  César Caicedo (2014)

References

External links
Official Website
General Díaz at Albigol

General Díaz Football Club at Tigo Sports Paraguay
General Díaz at BeSoccer

General Diaz (Luque)
General Diaz (Luque)
1917 establishments in Paraguay

redpajama_set_name: RedPajamaWikipedia


A new patch will be installed on all our gameworlds.
Raiding own villages will not anymore count for the statistics "Robbers of the week".
Players can no longer get offensive/defensive points and Hero experience when killing own troops.
yes know about the self troop killing to get points. but whats that self raiding. part.
Doesn,t it gaining and losing at same time. what effect really it make on stats. zero or i am misunderstanding it and there was some thing strange like that.
Before the bug, you could raid yourself and it'd be 0 gain. But something went wrong since and it only added the gain and did not count an equal loss to cancel out the gain.


Posted on June 26, 2011 October 14, 2017 in Communism with 9 Comments.
Posted on May 1, 2011 October 14, 2017 in Communism with 4 Comments.
Posted on January 23, 2011 October 14, 2017 in Communism with 1 Comment.
History professors haven't gotten much more moderate over the ensuing years. They still tend to lean very far to the left, and they still resent Reagan.
Posted on January 9, 2011 May 12, 2016 in Communism with No Comments.
In an insightful 1944 essay, George Orwell coined the famous phrase "History is written by the winners." His point was that totalitarian regimes like the Nazis and the Communists showed no regard for truth, in and of itself; and would compose and teach whatever "facts" suited their political agendas. If Hitler succeeded in conquering Europe, Orwell said, future generations of Europeans would believe whatever lies his National Socialists chose to put in their history books.
Orwell, however, did not foresee scholars in free countries like England and the US practicing this kind of creative "history" writing on behalf of the enemies of their own countries. He would probably be surprised at some of the tendentious teaching that goes on in college history classes these days.
Posted on December 13, 2010 October 14, 2017 in Communism with 7 Comments.
As regular readers know, the purpose of the "Columns" section of this website is to expose the leftwing bias prevalent among history department faculties on most American universities, and in the textbooks most of them require their students to read. In reading and re-reading the most widely-used freshman history textbooks, I see certain patterns emerge. One pattern that stands out like a sore thumb in these textbooks is the very harsh treatment given to anyone who ever fought vigorously against Communism.
This pattern of demonization extends not just to domestic political figures like Joseph McCarthy, but to anti-communist military and political leaders in foreign countries, to law enforcement officials who prosecuted Soviet spies, and even to our nation's own troops when they fought against Communist forces on the battlefield.


text:
from picamera.array import PiRGBArray
from picamera import PiCamera
import time
import cv2
import numpy as np

print 'press "q" or "esc" to quit!'

# a call back function for the trackbars... it does nothing...
def nothing(jnk):
	pass

#some color values we'll be using
red = (0, 0, 255)
green = (0, 255, 0)
blue = (255, 0, 0)

# the resoultion of the camera... common values: (1296,972), (640,480), (320,240), (240, 180)
# smaller resolutions work best when viewed remotely, however they all work great natively
resolution = (320,240)

# create the named window and the trackbars...
winName = 'Target Detect'
cv2.namedWindow(winName)
cv2.createTrackbar('showThreshold', winName, 0, 1, nothing)  # shows the threshold binary image if 1, shows the original otherwise
cv2.createTrackbar('threshold', winName, 25, 255, nothing)  # the threshold value
cv2.createTrackbar('minPerim', winName, 100, 1000, nothing)  # the minimum perimiter of the convex hull to be kept
cv2.createTrackbar('autoShutter', winName, 22, 255, nothing) # used to automatically set the shutter speed, this is the target average pixel value.

# initialize the camera and grab a reference to the raw camera capture
# there are a lot of options we can do here... check out the examples
# at http://picamera.readthedocs.org/en/release-1.9/recipes1.html
camera = PiCamera()
camera.resolution = resolution
camera.shutter_speed = 10000
camera.exposure_mode = 'off'

rawCapture = PiRGBArray(camera, size=resolution)

# allow the camera to warmup
time.sleep(0.1)

# capture frames from the camera
for frame in camera.capture_continuous(rawCapture, format="bgr", use_video_port=True):

	# get the trackbar values...
	drawThresh = cv2.getTrackbarPos('showThreshold', winName)
	thresh = cv2.getTrackbarPos('threshold',winName)
	minPerim = cv2.getTrackbarPos('minPerim', winName)
	autoShutter = cv2.getTrackbarPos('autoShutter', winName)
	ss = camera.shutter_speed	# also get the shutter speed.

	#start timer
	t = cv2.getTickCount()

	# grab the raw NumPy array representing the image
	drawnImage = image = frame.array

	# convert to a grayscale image
	gray_image = cv2.cvtColor(image, cv2.COLOR_BGR2GRAY)

	# calculate the avarage pixel value
	avg = cv2.mean(gray_image)

	# threshold the grayscale image
	ret, threshImg = cv2.threshold(gray_image, thresh, 255, cv2.THRESH_BINARY)

	# if the trackbar is set to 1, use the threshold image to draw on instead
	if drawThresh == 1:
		# convert the threshold image back to color so we can draw on it with colorful lines
		drawnImage = cv2.cvtColor(threshImg, cv2.COLOR_GRAY2RGB)

	# find the contours in the thresholded image...
	im2, contours, high = cv2.findContours(threshImg, cv2.RETR_LIST, cv2.CHAIN_APPROX_SIMPLE)

	# the arrays of detected targets, they're empty now, but we'll fill them next.
	finalTargets = []

	# for each contour we found...
	for cnt in contours:
		# get the convexHull
		hull = cv2.convexHull(cnt)
		# get the perimiter of the hull
		perim = cv2.arcLength(hull, True)

		# is the the perimiter of the hull is > than the minimum allowed?
		if perim >= minPerim:
			#approximate the hull:
			aproxHull = cv2.approxPolyDP(hull, 0.1 * perim, True)
			# only add this target if it has 4 verticies
			if len(aproxHull) == 4:
				# add it to the array of detected hulls.
				finalTargets.append(aproxHull)

	# end the timer
	t = cv2.getTickCount() - t
	time = t / cv2.getTickFrequency() * 1000

	# time to draw on top of the original image....

	# draw all the detected hulls back on the original image (green with a width of 3)
	cv2.drawContours(drawnImage, finalTargets, -1, green, 3)

	# draw some text with status...
	text = 'Detect Time: %.0f ms' % (time)
	cv2.putText(drawnImage, text, (10, 10), cv2.FONT_HERSHEY_SIMPLEX, 0.33, red, 1)
	text = 'Avg Pixel: %.0f' % (avg[0])
	cv2.putText(drawnImage, text, (10, 20), cv2.FONT_HERSHEY_SIMPLEX, 0.33, red, 1)
	text = '# Detections: %d' % (len(finalTargets))
	cv2.putText(drawnImage, text, (10, 30), cv2.FONT_HERSHEY_SIMPLEX, 0.33, red, 1)
	text = 'shutter speed: %d' % (ss)
	cv2.putText(drawnImage, text, (10, 40), cv2.FONT_HERSHEY_SIMPLEX, 0.33, red, 1)

	# show the frame
	cv2.imshow(winName, drawnImage)

	# Important!  Clear the stream in preparation for the next frame
	rawCapture.truncate(0)

 	# calculate the increment for the shutter speed by 1% of it's current value
 	inc = 0
	if avg[0] > (autoShutter + 2):
	 	inc = -max(int(ss * 0.10), 2)  # if it's less than 2 use 2
	if avg[0] < (autoShutter - 2):
	 	inc = max(int(ss * 0.10), 2)  # if it's less than 2 use 2

	# print 'avg: %.0f, target value: %d, ss: %d, inc: %d' % (avg[0], autoShutter, ss, inc)

	# set the shutter speed
	camera.shutter_speed = ss + inc

	# get the key from the keyboard
	key = cv2.waitKey(1) & 0xFF

	# if the `q` key was pressed, break from the loop
	if key == ord("q") or key == 27:
		break