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each of the following are electron carriers except
; Electrons are passed along the chain from protein complex to protein complex until they are donated to oxygen. Q.9 -Which of the components of electron transport chain does not contain Iron sulfur center? 4 J. L PEEL . cytosol . D) complex IV. During this shift in metabolism, the cells will do all except one of the following will take place. The electron transport chain is a series of protein complexes and electron carrier molecules within the inner membrane of mitochondria that generate ATP for energy. Report an issue . For each of the following sets of components, determine the final electron acceptor. Complex I. c) Succinate dehydrogenase. It is the difference in reduction potential, not spatial arrangement, that causes the electron to flow sequentially from one carrier to another.) Iron-sulfur proteins: These bind iron but without a heme group. The four major classes of electron carriers involved in both eukaryotic and prokaryotic electron transport systems are the cytochromes, flavoproteins, iron-sulfur proteins, and the quinones. (Note: Because the electron-transport chain has mobile electron carriers, the electron-carriers need not be located next to each other, as they are shown in Figure 8. a) NADH dehydrogenase complex. inner mitochondrial membrane . Answer: C. 14. Open in new tab Download slide. a. is chemically converted into ATP. All of the following statements about cytochromes of the electron transport chain are true EXCEPT They are heme proteins ; They serve as electron carriers in oxidation-reduction reactions ; They all have the same energy when reduced ; When reduced, iron is in the +2 state ; When oxidized, iron is in the +3 state ; Answer. The electron transport chain is the portion of aerobic respiration that uses free oxygen as the final electron acceptor of the electrons removed from the intermediate compounds in glucose catabolism. In this article we will discuss about the subject-matter and components of electron transport chain. outer mitochondrial membrane . During cellular respiration, NADH delivers its electron "cargo" to the first electron transport chain protein complex. B) complex II. The ... we mainly used pH 8.5 in the following experiments. Quit using the electron-transport system as a major route of hydrogen carrier reoxidation. The electrons in free atoms can will be found in only certain discrete energy states. The NADH that enters the Electron Transport System is produced by all of the following processes except… These sharp energy states are associated with the orbits or shells of electrons in an atom, e.g., a hydrogen atom. Best answer. The accompanying figure shows the electron transport chain. In the electron transport chain, each protein likes electrons more than the one before it, so the electrons continue to move down the chain. The electron transport chain is one of the many processes in cellular respiration that can be very confusing for students in both high school and college. even as it releases capacity, it loses a phosphate team to grow to be ADP or adenosine diphosphate. Answer: B. Therefore, the electron transport chain is a part of oxidative phosphorylation, which itself is the last stage of cellular respiration.
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b) the breakdown of an acetyl group to carbon dioxide
c) the extraction of energy from high-energy electrons remaining from glycolysis and the citric acid cycle
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each of the following are electron carriers except 2021


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Archie Manning remembers "The Deacon"
Posted on: June 04,2013
The name was enough to scare the bejeezus out of you, Archie Manning says: Dave "Deacon" Jones. Then there was his size: 6 feet, 5 inches and 275 muscular pounds.
Then there was his speed. Says Manning, "In college I could get away from any defensive lineman. In the pros, I couldn't run away from Deacon Jones."
Then there was the fact that Jones was joined in his Los Angeles Rams defensive line — The Fearsome Foursome — by Merlin Olsen, Lamar Lundy, and Rosey Grier — all huge, fast men.
Here's how good Hall of Famer Deacon Jones was as a defensive end. There was no such thing as a quarterback sack until he came along. He invented the term. He didn't just tackle quarterbacks; he "sacked" them.
Says Manning, "I don't know if Deacon invented the head slap, but he perfected it and then they outlawed it, I'm pretty sure, because of him. I'll tell you this much, offensive tackles sweated all week before they went up against Deacon."
Sports writers called Jones the "sackmaster." Jones referred to himself as "The Secretary of Defense."
Deacon Jones died Monday night in California at the age of 74. Tuesday morning, just-turned-64-year-old Archie Manning talked about him while driving his grandchildren to school in New Orleans.
"A lot of people call Deacon Jones the greatest defensive end to play the game," Manning said. "I surely wouldn't disagree. He was just so intimidating. And the other thing that made him so good was that the three guys up there on the line with him were really good, too, so you couldn't necessarily double-team him. Man, that was a great defensive line."
Many people mistakenly believe Deacon Jones was from Mississippi. No, he grew up in Florida, played three years of college football at South Carolina State and then followed a coach to play his senior year at then Mississippi Vocational (now Mississippi Valley State.) He was drafted in the 14th round, a steal that grew bigger and bigger as the years went on and the well-earned legend of Deacon Jones grew
In later years, Manning and Jones became friends, shared stories about the old days and played some golf together.
"Deacon played golf all the time, and he was good," Manning said. "He was a 7- or 8-handicapper and he played all the good courses around L.A."
Old-timers, such as the one typing, will remember that Archie Manning's first game as a Saint was against those Rams at old Tulane Stadium.
"Hottest day I think I ever played football," Manning said."That's why I think were able to stay with them, because they just kind of wilted in the heat and the humidity."
Manning passed for over 200 yards and a touchdown. He also scored a touchdown, running, on the last play of the game to win 24-20.
Back in L.A., the next week, writers asked Deacon Jones about the Saints' rookie quarterback. "Yeah," he's pretty good," Deacon replied, "but next time we play them I'm going to break his neck."
Today, he'd get fined big-time. Back then, Archie remembers, "Ole Miss fans got pretty riled up about it, but I knew what he was doing. At least I thought I did. I didn't think he was going to try to break my neck."
Back to the game, which I well remember all these years later: The Rams led 20-17 and there was time for one play after Manning had led the Saints down the field.
Manning called timeout and went over to the sidelines. "We're going to go for it!" coach J.D. Roberts shouted over and over.
Manning kept waiting for the play call. He never got one. The ref came over and got him.
So Archie went back to the field and was welcomed to the huddle: "What's the play?"
"They never said," Manning replied, and so he called what he would have run at Ole Miss.
He took the snap, and then took off around the left end and barely crossed the goal line.
Around Deacon Jones?
"No," Manning says all these years later. "Deacon was on the other side."
3 responses to "Archie Manning remembers "The Deacon""
rupert howell says:
Great column, Rick!
Angie Ledbetter says:
Love it Rick! Great job as always!
Raphael Semmes says:
Man. Archie put in a full day's work Sundays facing the Fearsome Foursome and the Purple People Eaters ( who I saw him play in old Tulane stadium the day after seeing LSU vs. Notre Dame in Tiger Stadium). Great memories and a great column,Rick.Please keep 'em coming and keep up the good work at the Hall.
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Category: Statutory Interpretation
Section 2 of the Voting Rights Act of 1965 prohibits voting practices or procedures that discriminate on the basis of race, color, or membership in one of the language minority groups identified in the VRA. In 1982, Congress amended § 2 to allow a plaintiff to establish a violation of the Section if the evidence established by a "totality of the circumstance of the local election process" that the standard, practice or procedure being challenged had the result of denying a racial or language minority an equal opportunity to participate in the political process and to elect representatives of their choice. In effect, this empowered voters to challenge district lines drawn to either dilute or pack minority voters to decrease their influence on the political process.
In its first case following the passage of the 1982 amendments, the Supreme Court explained in Thornburg v. Gingles that the "essence of the Section 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives."
The Court in Gingles held the following:
That the use of multimember districts generally will not impede the ability of minority voters to elect representatives unless: (1) the minority group is sufficiently large and geographically compact to constitute a majority in a single-member district; (2) the minority group is politically cohesive; and (3) the white majority group votes sufficiently as a bloc to enable it to usually defeat the minority's preferred candidate.
That a showing that a significant number of minority group members usually vote for the same candidates is one way of proving the requisite political cohesiveness.
A white bloc vote that normally will defeat the combined strength of minority support plus white "crossover" votes rises to the level of legally significant white bloc voting.
That the "clearly erroneous test" of Rule 52(a) of the Federal Rules of Civil Procedure is the appropriate standard of appellate review for a finding of vote dilution.
Despite these findings, the Court did not consider whether § 2 permits a claim brought by a minority group that is not sufficiently large and compact enough to constitute a majority in a single-member district.
In Growe v. Emison, Johnson v. DeGrandy, and LULAC v. Perry, the Supreme Court continued to sidestep the question by assuming, without deciding, that it is possible to state a § 2 claim for a racial group that makes up less than 50% of the population.
In Bartlett v. Strickland, the Court considered the "minimum-size" question under the first requirement of Gingles. It made clear that the holding only addressed the issue as it pertains to crossover districts, not coalition districts. In crossover districts, minority voters make up less than a majority of the voting population, but the minority population, at least potentially, is large enough to elect the candidate of its choice with the help of voters who are members of the majority and who cross over to support the minority's preferred candidate. Coalition-district claims, on the other hand, involve two minority groups that form a coalition to elect the candidate of the coalition's choice. The Court held that crossover districts are not protected under § 2.
Pursuant to § 2 of the Voting Rights Act, is the majority-minority requirement under the first Gingles precondition satisfied when minorities from more than one racial or ethnic group, joined together, constitute a majority of the citizen voting age population?
The 5th Circuit has been most explicit in permitting coalition districts. In Campos v. City of Baytown, the court held that minority voters can be aggregated so that "together, they are of such numbers residing geographically so as to constitute a majority in a single member district, they cross the Gingles threshold as potentially disadvantaged voters." Still, the plaintiffs must prove the minorities actually vote together in a cohesive manner. The court determined that the standard for proving cohesion is whether the minority group together votes in a cohesive manner for the minority candidate.
Following Campos, the 2nd Circuit, 9th Circuit, and 11th Circuit have tacitly permitted coalition districts, though not as explicitly as the 5th Circuit. In both Badillo v. City of Stockton and Concerned Citizens of Hardee County v. Hardee County Board of Commissioners, the courts assumed it was acceptable to aggregate voters of different minority groups, but the plaintiffs in both cases failed to prove the requisite political cohesion necessary to satisfy the second Gingles requirement. In Bridgeport Coalition for Fair Representation v. City of Bridgeport, the 2nd Circuit assumed the coalition districts were covered under § 2 and that requisite political cohesion was proven to satisfy the elements of Gingles.
Deviating from the other circuits, the 6th Circuit refused to extend § 2 coverage to a minority group that includes more than one race or ethnicity. In Nixon v. Kent County, the court held that if Congress wanted to protect a minority group that was composed of more than one race or ethnicity, it would have used more words in the plural form in § 2, such as "protected classes" rather than "protected class."
Recently, the Supreme Court seems more willing to take on cases dealing with issues of independent redistricting commissions and partisan gerrymandering. It also has been willing to take on cases regarding § 5 of the Voting Rights Act, as well as the application of the Gingles factors in § 2 claims. While the Court has not yet signaled a willingness to take on the issue of coalition districts, the number of cases arising from the use of African-American and Hispanic voters to create the majority-minority districts will likely continue to increase as the Hispanic population continues to grow. If the Supreme Court does not take up the issue, there may be an increase in coalition districts drawn following the 2020 Census.
Author Colby MoorePosted on April 14, 2019 April 14, 2019 Categories Civil Procedure, Civil Rights, Statutory Interpretation
The Tapia Tap Dance: When Does Considering Rehabilitation in Imposing a Sentence Violate Tapia?
In 1984, Congress passed the Sentencing Reform Act, as part of the Comprehensive Crime Control Act. The Act, among other things, abolished federal parole in all but a few instances and created the United States Sentencing Commission. It also required courts to consider the factors outlined in 18 U.S.C. § 3553(a)—which include the nature of the crime, the characteristics of the defendant, the justification for the sentence, the kinds of available sentences, any relevant policies promulgated by the Sentencing Commission, the need for consistency, and the value of any potential restitution to victims.
However, §3582 of the Act went one step further. In a nod to concerns about excessive prison sentences imposed during the height of the War on Drugs, it provided that the above factors should be considered while also "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation." In Tapia v. United States (2011), the Supreme Court interpreted that provision of the Act to mean that "the Sentencing Reform Act precludes federal courts from imposing or lengthening a prison term in order to promote a criminal defendant's rehabilitation."
What is the standard for determining when a sentencing court violates Tapia? When a court considers rehabilitation in imposing a sentence at all, does it violate Tapia? Or is Tapia only violated when a sentencing court uses rehabilitation as the determining factor?
As it turns out, every Circuit in the country—save for the D.C. Circuit—has taken a position on this issue. They're divided into two camps.
The Seventh, Ninth, Tenth, and Eleventh Circuits apply an easy-to-satisfy standard: they hold that Tapia is violated when the sentencing judge even considers rehabilitation or bases his sentence even in part on rehabilitation. As articulated by the Tenth Circuit in United States v. Thornton (2017), for example, "A rule requiring reversal only when rehabilitation is the sole motivation would not make sense. The federal sentencing statute mandates that judges consider other factors. . . . Therefore, there will almost always be some valid reasons advanced by the district court for imposing the sentence issued." The Eleventh Circuit in United States v. Vandergrift (2014) arrived at the same conclusion, and based its analysis on an interpretation "faithful to Tapia's reasoning." It noted that the Supreme Court held that sentencing courts "'should consider the specified rationales of punishment except for rehabilitation'" when "determining whether to impose or lengthen a sentence of imprisonment." Accordingly, any consideration of rehabilitation is improper.
The First, Second, Third, Fourth, Fifth, Sixth, and Eighth Circuits come out differently. For a sentencing court to run afoul of Tapia, they require a demonstration that rehabilitation was the determining factor in the sentencing court's decision to impose or enhance a sentence in order to find a Tapia violation. They, too, base their rationale in the Supreme Court's language in Tapia. For example, in United States v. Garza (2018), the Fifth Circuit noted:
in Tapia the Court made clear that "[a] court commits no error by discussing the opportunities for rehabilitation within prison or the benefits of specific treatment or training programs." A district court also may legitimately "urge the [Bureau of Prisons] to place an offender in a prison treatment program." However, when the district court's concern for rehabilitative needs goes further—when the sentencing record discloses "that the court may have calculated the length of [the defendant's] sentence to ensure that she receive certain rehabilitative services"—§ 3582(a) has been violated.
Similarly, in United States v. Bennett (2012), the Fourth Circuit focused on looking at the specific error that the Supreme Court was attempting to remedy in Tapia. To glean the Supreme Court's meaning, it looked at the sentencing court's proceedings in Tapia and observed that the district court judge said that the "'number one' consideration '[was] the need to provide treatment.'" It observed that the Tapia decision was a "close question . . . whether the rehabilitation rationale drove the sentencing decision," despite the sentencing court's brazen discussion of rehabilitation. Accordingly, the Court couldn't possibly mean that a district court judge's mere discussion of rehabilitation ran afoul of Tapia.
The Third Circuit, which arrived at a conclusion on the proper interpretation of Tapia only ten days ago, articulated a related—but distinct—rationale. It noted in United States v. Schonewolf (2018) that that the first approach, taken by the Seventh, Ninth, Tenth, and Eleventh Circuits, would "risk a chilling effect on district courts 'discussing the opportunities for rehabilitation within prison,' a subject that 'a court properly may address.'"
Given that virtually every Circuit in the country has arrived at a conclusion on the meaning of Tapia—and that those meanings differ and are supported by different rationales—the Supreme Court has a strong incentive to take an appeal from one of these cases to resolve the split. Even more persuasively, the Sentencing Reform Act was intended to promote consistency in sentencing across the country. It's a cruel twist of irony for the drafters of the Act that it, in turned, spurred even more inconsistency.
Author Tyler YeargainPosted on October 14, 2018 Categories Criminal Law, Sentencing, Statutory Interpretation
Do Federal Courts Have Jurisdiction over Civil Actions under the Federal Tort Claims Act by Immigrants Alleging Wrongful Removal from the United States?
The Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) allows those who have suffered an injury, or whose property is damaged, to file a claim with the federal government for reimbursement for that injury or damage. Under 28 U.S.C. § 2674, the federal government recognizes its liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. The FTCA positions the United States—not the individual employee—as the defendant, and transfers all liability to the federal government. Therefore, the United States is liable the same way that a private party would be liable in a normal civil action.
Two cases, each with similar factual backgrounds, help illustrate the question at hand. In both cases, the plaintiffs—Lopez Silva and Claudio Anaya Arce—were erroneously deported and subsequently sued the federal government under the FTCA. In Silva's case, he was a Mexican citizen who resided in the United States as a lawful permanent resident since 1992. After he was convicted of two criminal offenses in Minnesota, the Department of Homeland Security commenced removal proceedings against him in 2012. Silva appealed to the Board of Immigration Appeals, which issued a stay of Silva's removal while his appeal was pending. However, in July 2013, DHS mistakenly removed Silva to Mexico before the BIA heard his appeal. DHS subsequently returned Silva to the United States several months later. An immigration judge subsequently granted Silva's application for cancellation of his removal—allowing him to lawfully remain in the country.
In Arce's case, he was apprehended by Customs and Border Patrol and detained in Adelanto, California in April 2014. He expressed a fear of harm if he was removed to Mexico, but an asylum officer determined that he had not demonstrated a reasonable fear of persecution or torture. This decision was affirmed by an immigration judge on February 4, 2015, and the DHS began the process of removing him to Mexico. However, on February 6, Arce filed an emergency petition for review and a motion for a stay of removal with the Ninth Circuit. The court immediately issued a temporary stay of removal, but Arce was removed to Mexico later that day—despite the fact that Arce's counsel put DHS on notice of the stay. Arce remained in Mexico until February 20, when he was returned to the United States.
Both Silva and Arce sued the federal government for harm arising from their unlawful removal. The District Courts of Minnesota and the Central District of California dismissed both cases on the ground that Section 242(g) of the Immigration and Nationality Act deprived them of jurisdiction. Specifically, they held Section 242(g), which applies to agency decisions or actions to "commence proceedings, adjudicate cases, or execute removal orders" divested them of subject-matter jurisdiction. Silva and Arce appealed to the Eighth and Ninth Circuits, respectively.
The Circuit Split
Both cases raise the question: do federal courts have jurisdiction over civil actions brought under the FTCA by immigrants alleging wrongful removal from the United States?
In Silva v. United States (2017), the Eighth Circuit affirmed the district court's decision in a 2-1 ruling that it lacked jurisdiction under the FTCA. The court held that Silva's claims were directly connected to the execution of the removal order, and that Section 242(g) applied to bar the plaintiff's civil action.
Judge Kelly dissented, however, and argued that the United States Supreme Court rejected the assumption that Section 242(g) covered that kind of deportation claim in Reno v. American-Arab Anti-Discrimination Committee (1999). She would have held that the mandatory automatic stay in Silva's case "suspended the source of authority for the agency to act" on the removal order and therefore "temporarily divested the order of enforceability." Accordingly, Silva's claims did not arise "from the government's decision or action to execute a removal order," because a valid removal order did not exist at the time he was removed. She noted that the Third Circuit had held in Garcia v. Attorney General (2009), that Section 242(g) doesn't apply when the petitioner is challenging the government's authority to commence removal proceedings, not the discretionary decision to commence proceedings.
The Ninth Circuit charted a different course than the Eighth Circuit, and instead embrace the position that Judge Kelly articulated in dissent. In Arce v. United States (2018), the court rejected the government's argument that Arce's claims were foreclosed by Section 242(g) because they arose from the Attorney General's decision or action to execute the removal order. Citing Judge Kelly's dissent in Silva, the court held that the statute does not "sweep as broadly as the government contends." Arce, it found, was not attacking the removal itself but the authority of the Attorney General to execute the removal order in light of the stay of removal that the court had issued.
Though these cases have mostly flown under the radar—especially given the recency of the Ninth Circuit's opinion—they raise important ramifications for those who wish to bring claims under the FTCA for wrongful removal. In many ways, this split is a perfect embodiment of the reason that the Supreme Court wishes to avoid circuit splits in the first place. In some parts of the country, the federal government is financially liable for actions that it is not liable for in other parts of the country, raising the need for the Supreme Court to resolve the split.
Author Lario AlbarranPosted on October 7, 2018 Categories Civil Procedure, Immigration Law, Statutory Interpretation, Tort
Is the Board of Immigration Appeals Entitled to Chevron Deference When Interpreting What Constitutes Child Abuse?
Chevron U.S.A., Inc. v. Natural Resources Defense Council established a framework for determining whether the decisions of administrative bodies are entitled to judicial deference. In very simplified terms, Chevron states that, when a statute is ambiguous, the decisions of administrative agencies should be granted judicial deference unless they are arbitrary or capricious. This determination is made in two steps. First, the court must determine whether the plain language of the statute in question is ambiguous. Second, if the language is determined to be ambiguous, the court must determine whether the administrative agency's decision was arbitrary or capricious.
The Board of Immigration Appeals (BIA) is the "highest administrative body for interpreting and applying immigration laws," and has nationwide jurisdiction to hear appeals of decisions rendered by immigration judges. In this capacity, the BIA often finds itself interpreting the Immigration and Naturalization Act (INA) during immigration proceedings.
In the Ninth Circuit case Martinez-Cedillo v. Sessions (2018), Marcelo Martinez-Cedillo was convicted of felony child endangerment under California Penal Code §273a(a). Mr. Martinez-Cedillo was ordered removed from the United States on the grounds that his conviction constituted "a crime of child abuse, child neglect, or child abandonment" under INA §237(a)(2)(E)(i). On appeal, the primary issue—and the source of the circuit split—was whether BIA's interpretation of "child abuse, child neglect, or child abandonment," as written in the INA, was entitled to Chevron deference.
THE NINTH CIRCUIT'S CHEVRON ANALYSIS
The Ninth Circuit held, in a 2-1 decision, that the BIA's interpretation of "a crime of child abuse, child neglect, or child abandonment" was entitled to Chevron deference. Writing for the majority, Judge Bybee acknowledged that, regarding Chevron Step One, "every circuit court to have considered [the definition of "a crime of child abuse, child neglect, or child abandonment] noted its ambiguity," and proceeded to Chevron Step Two without much discussion. Under Chevron Step Two, Judge Bybee determined that the BIA's interpretation was "reasonable and entitled to deference."
In dissent, Judge Wardlaw characterized the BIA's interpretation as "unreasonable," noting that the BIA's definition had "inexplicably changed its generic definition three times in the past two decades." Judge Wardlaw, quoting the Supreme Court in Sessions v. Dimaya (2018), further stated that the BIA's "generic definition of the 'crime of child abuse' is so imprecise, it violates 'essential' tenets of due process, most specifically 'the prohibition of vagueness in criminal statutes.'"
Here, the Ninth Circuit joins the Second, Third, and Eleventh Circuits in holding that the BIA's interpretation of "a crime of child abuse, child neglect, or child abandonment" should be granted judicial deference under Chevron. On the other hand, the Tenth Circuit held that the BIA's interpretation should not be granted judicial deference.
In the Second Circuit case Florez v. Holder (2015), the BIA determined that Nilfor Yosel Florez's action of driving while intoxicated with children in the back seat of his vehicle constituted "a crime of child abuse," noting that the BIA's interpretation of what constituted "a crime of child abuse" was "intentionally broad." Of note in this case, Florez's children were not harmed during the incident that led to his arrest and order of removal. The court determined that the BIA's determination that actual injury to a child was not a required element of this definition was a reasonable one.
In the Third Circuit case Mondragon-Gonzales v. Attorney General of the United States (2018), Judge Vanaskie noted that the portion of the INA that listed general categories of crimes "was enacted…as part of an aggressive legislative movement to expand the criminal grounds of deportability … and to create a comprehensive statutory scheme to cover crimes against children in particular." Similarly, in the Eleventh Circuit case Martinez v. United States Attorney General (2011), the court granted deference to the BIA's determination that proof of actual harm or injury to the child by the petitioner was not required.
But the Tenth Circuit disagreed—in Ibarra v. Holder (2013), the court refused to grant deference to the BIA's determination that a Colorado conviction for "child abuse—negligence—no injury" constituted a "crime of child abuse, child neglect, or child abandonment" under the INA. The court noted that the plain language of the statute applied only to crimes, but that not all states criminalize certain acts of child neglect, particularly in the absence of mens rea beyond criminal neglect or in the absence of proof of actual injury to the child. The court reasoned that in effect, the BIA's interpretation of "a crime of child abuse" and its subsequent application would vary from one jurisdiction to another, depending on whether certain acts of child neglect were criminalized.
With at least five circuits speaking to whether the BIA's interpretation of "a crime of child abuse" should be granted judicial deference, the issue is ripe for review by the Supreme Court. However, these decisions point to a larger problem—the vagueness of some of the language in the INA combined with the latitude granted to the BIA, which often acts as the final voice on deportation decisions, to make broad interpretations of certain portions of the statute. It is especially important to note that these immigration decisions are not limited to undocumented immigrants—for example, Mr. Florez, the defendant in Florez, was a legal permanent resident at the time that his removal was ordered. In today's climate, where deportation is all but actively encouraged, two additional steps besides eventual Supreme Court review would be particularly helpful: (1) clarification of the language of the statute by Congress, and (2) closer scrutiny by courts as to whether the BIA's interpretations—not just limited to the BIA's interpretation of child abuse—have become overly broad, especially in light of the administration's anti-immigrant stance.
Author Rashmi BorahPosted on September 30, 2018 September 30, 2018 Categories Administrative Law, Family Law, Immigration Law, Statutory Interpretation
Too Little Too Late If You Work for The State? The Applicability of Employee Thresholds to Age Discrimination Claims from State Workers
Americans born in 1978 will be turning 40 this year. In addition to the wisdom that comes with age, these citizens will also be gaining the possibility of protection from age discrimination under the Age Discrimination and Employment Act (ADEA). This act prohibits employers from discriminating "against persons 40 years of age or older." 29 U.S.C. §§ 621–34. According to 29 U.S.C. § 630(b), the term "employer" is defined as:
[…] a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year․ The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States, or a corporation wholly owned by the Government of the United States. (Emphasis Added)
If the "twenty or more employees" threshold is not met, workers over 40 are ineligible for ADEA protection. The circuit courts are split on whether the 20-employee threshold only applies to persons, or whether agents of persons, and state entities are included.
The Seventh Circuit
In Kelly v. Wauconda Park Dist. (7th Cir. 1986), the Seventh Circuit ruled that government entities were encompassed by the 20-employee threshold in 29 U.S.C. § 630(b). The court utilized a two-step process in determining whether government entities had to meet the 20-employee threshold. First, the court looked at whether 29 U.S.C. § 630(b) is ambiguous. If the statute was determined to be ambiguous, then the court would analyze legislative history to guide its decision.
In the first step of the analysis, both parties made arguments about the ambiguity of the statute. Kelly made an argument that the statute excluded government entities, and Wauconda argued that government entities were included by the statute. The court concluded that the statute was ambiguous because it had two reasonable but differing interpretations.
The court then analyzed the legislative history. The lower court ruled "that '[t]he legislative history of the 1974 amendment, the similarities between it and a parallel amendment of Title VII, and common sense' all favor [Wauconda's] reading of section 630(b)." The Seventh Circuit believed that the analysis of the 1974 ADEA amendment's history was a valid point, and that Title VII had a large number of parallels to the ADEA. Ultimately, the Seventh Circuit held that the legislative history weighed in favor of the ADEA's 20-employee threshold applying to government entities.
Therefore, Wauconda Park District, a local government entity, was not an "employer" for ADEA purposes because it did not have the required number of employees as specified in 29 U.S.C. § 630(b).
The Sixth, Eighth, and Tenth Circuits
In EEOC v. Monclova Township (6th Cir. 1990), Palmer v. Arkansas Council On Economic Education (8th Cir. 1998), and Cink v. Grant County (10th Cir. 2015), the Sixth Circuit, Eighth Circuit, and Tenth Circuit, respectively, came to the same conclusion as the Seventh Circuit in Kelly. Each circuit held that the 20-employee threshold applied to state entities.
The Ninth Circuit
In Guido v. Mount Lemmon Fire Dist. (9th Cir. 2017), the court held that the ADEA definition of "employer" "is deconstructed as follows: The term "employer" means [A—person] and also means (1) [B—agent of person] and (2) [C—State-affiliated entities]." Due to the division of these three categories, the "person" category is the only category of the three that is modified by the "who has twenty or more employees" clause. If this is the case, then "agents of the person" or "state-affiliated entities" would have to comply with the ADEA regardless of meeting the 20-employee threshold.
The court supports their position by claiming that the "person" category is further defined by 29 U.S.C. § 630(a) (The term "person" means one or more individuals, partnerships, associations, labor organizations, corporations, business trusts, legal representatives, or any organized groups of persons), and is narrowed by the "engaged in an industry affecting commerce who has twenty or more employees for each working day" clause. The court also claims that the "state-affiliated entities" category is further defined by "the various types of State-affiliated entities covered, such as a 'political subdivision of a State'."
The Equal Employment Opportunity Commission (EEOC) supports the Ninth Circuit's holding. The EEOC states that when Title VII was amended, Congress was able "to apply clarifying language across multiple definitions of a term." The clarifying language in question applied to "States and State-related entities, including political subdivisions of a State." 42 U.S.C. § 2000e. The EEOC believed that Congress could have applied similar language to 29 U.S.C. § 630(b) if it had wanted to, but that Congress chose not to.
The ninth circuit ultimately held that "a political subdivision of a State need not have twenty or more employees in order to qualify as an employer subject to the requirements of the ADEA."
Based on the holdings from the various circuits, a state entity may or may not be considered an "employer" under the ADEA's 20-employee threshold. On February 26, 2018, the Supreme Court granted certiorari to hear the case of Guido v. Mount Lemmon Fire Dist. Thus, the issue may be resolved soon.
For further reading, see what Squire Patton Boggs has to say on the topic.
Author Paige KovalchikPosted on March 18, 2018 Categories Employment Law, Statutory Interpretation
Splitting the Baby: Does the Child Have a Say?
Divorces can be hard enough on children without being abducted by one of their parents. Unfortunately, this problem occurred frequently enough for 98 countries to adopt an international law addressing this problem. The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides for a prompt return of children to their "habitual residence" in the event of being wrongly removed or retained in a foreign country by one of their parents. 22 U.S.C. § 9003(e). The Convention sets out to protect children in the context of custody battles by deterring parents from crossing international borders in an attempt to gain advantage in a more favorable jurisdiction.
The sole purpose of the Convention is to protect children who are uprooted from their homes in the wake of their parents' split by returning them to their "habitual residence." Unfortunately, the Convention failed to define what constitutes a child's "habitual residence," which gave rise to competing interpretations of the term. The point of contention is whether the child's perspective rules in determining where they must be returned or if greater weight should be given to the parents' last shared intent regarding the child's residence.
Courts of most contracting nations evaluate both of these factors – the child's perspective as well as the parents' shared decision prior to the break-up. However, courts in the U.S. disagree regarding which one of them is dispositive. In Cohen v. Cohen (8th Cir. 2017), after a mother and child moved to St. Louis from Israel, the relationship between the parents deteriorated. The father filed a request to have the child returned to Israel under the Convention. He asserted that the parents agreed that if the father will be unable to join his family in the United States, they will return to Israel. He "urge[d] the court to adopt the standard applied in the Second Circuit, among others, which gives dispositive weight to parental intent," in reference to Gitter v. Gitter (2nd Cir. 2005). In Gitter, the Second Circuit concluded that:
"…the first step in determining a child's habitual residence is to inquire into the shared intent of those entitled to fix the child's residence (usually the parents) at the latest time that their intent was shared."
The Cohen court refused to adopt this standard, giving greater weight to the fact that the child has spent a significant portion of his life in the United States, where he has been going to school, socializing, and making other significant connections in the community. The Eighth Circuit "declined to adopt this standard and decided that [they] determine habitual residence from the child's perspective." Although the court admits that the parents may have a more mature perspective on the situation, their primary goal is to ensure the child remains in their habitual environment.
The child-focused approach is in the minority, distinct from the "Mozes framework" proclaimed in the Ninth Circuit's Mozes v. Mozes (2001). Here, the Ninth Circuit held that children "normally lack the material and psychological wherewithal to decide where they will reside," so the dispositive weight is given to the last shared intent of "persons entitled to fix the place of child's residence." The Fourth, Seventh, and Eleventh Circuits, among others, adopted this perspective. However, the court in Redmond v. Redmond (7th Cir. 2013) attempted to reconcile the two approaches, emphasizing that "habitual residence" should be a "practical, flexible, factual inquiry, not a "fixed doctrinal test." While it declared that it also subscribes to the Mozes framework, the Seventh Circuit Court declared that courts should consider both elements and determine which one deserves greater weight on a case-by-case basis.
Since the Convention focuses on preventing children from needlessly suffering as a result of their parents' actions, the Second Circuit's decision to prioritize the child's perspective seems like the just approach. However, the majority view, articulated by the Ninth Circuit, also have some traction, particularly in situations involving younger children. Although the courts have an interest in establishing a consistent interpretation, many commentators emphasize the importance of flexibility in determining the meaning of "habitual residence." Depending on the child's age and circumstances, a case-by-case approach will likely result in more equitable decisions than when applying a rigid, uniform principle. If the Supreme Court ever decides to address this question, it could likely establish a fairly flexible test, similar to the Redmond opinion, allowing the courts a lot of discretion in subsequent cases.
Author Nicole KuprovskaPosted on November 5, 2017 Categories Family Law, Statutory Interpretation


He is the Chairman of the Technical Committee 10 (TC10): Environmentally Assisted Cracking of the European Structural Integrity Society (ESIS) and has been Director (2013-2017) of the International Congress of Fracture-The World Academy of Structural Integrity (ICF-WASI), being responsible of launching the Ibero-American Academy of Structural Integrity (IA2SI). Prof. Toribio has been awarded a variety of scientific research prizes and awards including: (i) UPM Young Scientist Award of the Polytechnic University of Madrid; (ii) METROTEC Award for the best Technological Research Project; (iii) Honour Medal of the Spanish Group of Fracture (GEF/SEIE) in recognition of his research achievements in the field of fracture mechanics; (iv) Fellow of the Wessex Institute of Technology (WIT) in recognition of leadership and outstanding work in engineering sciences, (v) Top Reviewer 2011 in recognition of an outstanding contribution to the quality of the Elsevier International Journal Engineering Fracture Mechanics, (vi) Fellow of the European Structural Society (ESIS Fellow) for his outstanding contributions to the art, science, teaching or practice of fracture mechanics and his service to the society; (vii) Honorary Member of the Italian Group of Fracture (IGF) in acknowledgement and appreciation of his outstanding achievements in the research field of fracture mechanics.
Jaroslaw Milewski is a doctor of engineering, associate professor at Warsaw University of Technology, Faculty of Power and Aeronautical Engineering, Institute of Heat Engineering.
He is Head of Power Division at the Institute of Heat Engineering, Editor-in-Chief of Journal of Power Technologies, and a Member of Editorial Board of Journal of Applied Energy.
He has an experience in research of fuel cells (Molten Carbonate Fuel Cells–-MCFC and Solid Oxide Fuel Cell–-SOFC) and other power sources, hybrid systems, advanced power systems (hydrogen based) and steam/gas turbine power generation systems. He also has definite experience with cooperation with power engineering industry.
He is an author and a co-author of 200+ publications and 4+ patents.
He teaches students in the fields of: turbomachinery, theory of fluid flow machinery, environment protection, numerical tools in power plant simulations, hybrid systems, and others.
Renewable Energy, Biofuels, Bio hydrogen, Hydrogen production by steam reforming, Biomass gasification, Supercritical Water Gasification, Liquefaction, Biodiesel,Transesterification, Catalyst synthesis for hydrojen production and CO2 utilization, Catalyst synthesis for Fenton Oksidation, Fats&Oils, Extraction, Supercritical Fluid Extraction, Distillation, Molecular Distillation, Microwave Synthesis, Oleo Chemicals.


David Thompson was singled out as the inspiration behind Coventry's crushing 4-0 defeat of Barnsley in Division One.
David Thompson was singled out as the inspiration behind Coventry's crushing 4-0 defeat of Barnsley in Division One.
The makeshift striker scored two goals and made the other two, to earn the man of the match award and the plaudits of Roland Nilsson.
The Coventry manager said: "David had a brilliant game. When we play like that he is very dangerous to the opposition.
"He is lively and buzzing and he can unlock a team and give that little bit extra you always need.
"I was very happy with the overall team performance - the players looked very composed, the passing was excellent and we always want to start a match like that."
Coventry were ahead after just 13 seconds when former Liverpool midfielder Thompson found Youssef Chippo. The Moroccan cut into the Barnsley box and fired low into the net.
Thompson made it two on 19 minutes, bundling Youssef Safri's corner over the line from a yard out.
Coventry were three up before half time as Thompson tapped in from another Safri set-piece.
Striker Lee Mills made sure of the victory on the hour mark as his shot from the edge of the Barnsley box was deflected past Kevin Miller off Steve Chettle.
Barnsley, who were unbeaten in 12 games prior to last week's defeat by Birmingham, are left teetering just above the relegation zone.
Boss Steve Parkin said: "We got off to a dreadful start and never looked like getting back into it.
"I felt let down - and I am sure the supporters who travelled down all this way to watch us feel the same."


This policy brief answers three main questions with respect to the no-user-fee policy adopted across public health centres in Jamaica: (i) Has the policy improved health status among working age adults? (ii) Has the policy influenced labour market dynamics? (iii) Has the policy had differential effects by age groups? Evidence suggests that the policy improved overall health status, as the likelihood of suffering illnesses associated with inability to carry out normal activities decreased by 28.6 percent. In addition, the number of days where people were unable to perform normal activities due to illnesses suffered within the previous four weeks decreased by 34 percent. Regarding labour market dynamics, no effects are found on the likelihood of being employed or contributing to the National Insurance Scheme. However, consistent with a reduced number of days lost due to illnesses, we find a positive effect of 2.15 additional weekly labour hours. Finally, we find that all of these positive effects are concentrated within adults in the 40-64 year-old age range. Overall, these effects suggest that the policy added a yearly average of US$PPP 26.6 million worth of net real production to the Jamaican economy during the period 2008-12.


Interested In Cooking & Groceries? Know What's New & Trending in Bangalore on LBB!
Can't bake to save a life? Say, hello to Oven Bonbons in HSR that will teach you the craft from scratch with its hands-on workshops. From learning to make icing to a full-fledged cake, it's time to bake.
Baking studios in HSR are far and few and Oven Bonbon has filled that massive void with their state-of-the-art and cute studio. You'll love the way the studio is set up in a Pinterest-y manner, complete with teal-coloured low-lying seaters, bean bags, coloured furniture, and pretty wall planters. Nischitha Thejas, the lady behind the studio, wants to promote baking culture and educate the masses on the wonders of baking. The studio is set up like an academy like model when it comes to these workshops and classes, meaning unlike the run-of-the-mill baking classes that happen in the city where everything is cramped into a 2-hour class, you have a module to follow.
Moreover, these classes also focus on the recipe and decoding the science behind it as well. Sounds very MasterChef Australia like, right? The techniques behind each step are elaborated upon as well. The studio offers a four-day course on the basics of cake and icing which is split into two modules. These classes are open to everyone and you'll need to get in touch with the studio for details regarding the course fees, timings, and other details. There's also workshops and classes that teach you how to make tarts, high tea cakes and bakes, and macaroons.


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Melrose awarded Plastic Free Community status
MELROSE is leading the way in banishing single-use plastics.
Campaigners in the town have joined forces with several national organisations.
And they have now been awarded Plastic Free Community status by marine conservation charity, Surfers Against Sewage (SAS).
Melrose teacher, Tom Rawson started the campaign late last year after a successful campaign to make St Mary's Scotland's first Plastic Free primary school.
Registering with the SAS Plastic Free Communities movement, Mr Rawson pulled together key organisations and businesses in the town to put in place a five-point plan.
The objectives included setting up a community led steering group, instigating the SAS Plastic Free Schools education programme, getting local council commitment and working with local businesses, organisations and community groups to spread the word and minimise the amount of disposable plastics they use.
Tom told the Border Telegraph: "This has been a real community effort.
"We are all proud of the efforts that Melrose businesses have made and continue to make to reduce single-use plastics in the town. We are also amazed by the support that the entire region has shown with nearly 200 people helping clear litter from Tweed at the Seven-Towns-One-River event.
"To be the first Plastic Free Approved community in the South of Scotland is a huge achievement.
"However, we know that there is still so much to be done to continue to reduce single-use plastics.
"We also know that this is not just about Melrose. There is so much progress being made across the region that we know we will not be the last."
Campaigners hope the work undertaken in Melrose will inspire other communities across the Borders to also ditch single-use plastics.
And on October 27 towns and villages in the region will have the opportunity to take part in a Borders River Clean in an effort to target waste and discarded plastics in every major river in the Tweed catchment.
Councillor Gordon Edgar, who is the region's Energy Efficiency Champion, said: "This is an excellent project which is seeing members of the community and a charity come together to play their part to encourage businesses in the Melrose area to reduce their use of plastics.
"As a council, we are aware of our responsibilities and are currently looking to develop our commitment to sustainable development.
"We would encourage everyone to consider their use of plastics, with any reduction providing environmental benefits as well as a potential saving to Council budgets in landfill tax at a time of significant pressures on public spending."
Nationally, the Surfers Against Sewage Plastic Free Community network aims to free communities across the UK from single-use plastics.
Using the five point plan the aim is to empower communities to kick start local grassroots action, which can then be built upon.
Rachel Yates, SAS Plastic Free Communities Project Officer, said: "It's great to see the work that Melrose has done to reduce the availability of avoidable plastics, raise awareness and encourage people to refill and reuse.
"We have over 500 communities across the UK working to reduce single use plastic and the impact it has on our environment.
"Every step those communities and the individuals in them take is a step towards tackling the problem at source, challenging our throwaway culture and encouraging the habit and system changes we need to see."


Wow, God, it's very interesting. I do not believe that I will see and recognize these things.
Skincell Pro Their new line includes anti- aging miracles such as moisturizers, cleansers and other treatments. These treatments are sure to make your skin cells rejoice in rejuvenation, while crows foot flee the specific Skincell Pro area.


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Entries Tagged as 'Thad McCotter'
Thad McCotter, Bill Gertz, Mitchell Zuckoff, Yoram Ettinger
Congressman Thad McCotter of Michigan's 11th district talks about his new book Seize Freedom. Can the threat of an expansionist, Communist China be contained? Do Chinese leaders believe that confrontation with the West is inevitable? Bill Gertz briefs viewers on the shakeup in the leadership of the national security firmament. Mitchell Zuckof, professor of journalism at Boston University, discusses his book Lost in Shangrila, an account of an amazing crash and rescue during World War II. Yoram Ettinger, a former senior Israeli diplomat now associated with Second Thoughts foundation, hopes that the reconciliation between Fatah and Hamas will serve as a wakeup call, pulling back the illusory screen of moderation from the Middle East.
Tags: DefaultTag · Thad McCotter · Bill Gertz · Yoram Ettinger · Mitchell Zuckoff
Andy McCarthy, Robin Simcox, Rep. Thad McCotter
With McChrystal no longer in charge of winning Afghanistan, Andy McCarthy shares his views on the direction of the work being done over there. Will the United States succeed or fail in Afghanistan? Frank later speaks with Robin Simcox from the Center for Social Cohesion in London, where they discuss the Muslim Brotherhood's attempt to try to infiltrate the British government, while also noting similar efforts underway by radical Muslim groups to influence the American government. Congressman Thad McCotter talks about legislation he's supporting aimed at applying truly tough sanctions on Iran in light of its resolve to continue its nuclear program.
Tags: DefaultTag · Andy McCarthy · Robin Simcox · Thad McCotter


These black&white photos are part of the "Weird Beauty" project. It is made in collaboration with great make-up artist Valeriya Kutsan.
Andrew Shaylor is a professional commercial photographer specialising in portraits, landscapes, automotive and travel photography as well as spending time on personal projects. His work has and continues to be published in a variety of international magazines.
Everybody is designing colorful logos but because people are always looking to change things up, they try to invent something new, but that is really hard in these days or they prefer to use old design ideas in a new way. Mash Creative made 40+ inspiring examples of black and white logos.


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China's demand could attract more Chilean grapes
Tom Karst
( File photo )
See updated coverage: Chilean fruit exporters are assessing the effects of a Nov. 12 storm in many fruit growing regions of the country.
Chilean table grape exports to the U.S. could decline slightly in 2018-19 as more attractive prices in China may pull some volume away from North America.
In its annual report on Chilean deciduous fruit, the U.S. Department of Agriculture's Foreign Agricultural Service said table grape exports to the U.S. decreased by 5% while exports to China increased by 21% in the 2017-18 season.
Even so, the U.S. is the top market for Chilean table grapes, accounting for 344,180 metric tons, or about 47% of total Chilean table grape exports in 2016-17.
The USDA said exports to the Netherlands and South Korea during 2017-18 decreased by 4% and 6%, respectively.
For 2018-19, the USDA said Chilean table grape exports will continue the trend toward diversification, with more grape shipments going to China in to gain higher prices.
Overall, the USDA estimates that Chilean grape exports will total 720,000 metric tons in 2018-19, a 1.5% decline from 2017-18. That projection assumes regular yields and a decrease in planted area, according to the USDA.
With harvest from November to April, grapes are the No. 1 planted fruit crop in Chile.
Grape vineyards stretch from the Copiapo Valley in the northern part of the country to the Maule region in the southern part of the country, according to the USDA report.
The Copiapo Valley produces the earliest table grapes from Chile in late November, concluding harvest in mid-February, according to the USDA.
Harvest of table grapes in central and southern Chile begins in mid-January and lasts until late March, according to the USDA.
The USDA said growers in the Copiapo Valley are putting a priority on renewal of orchards with modern varieties.
"Producers have been renewing their orchards for the last seven years at a 20% renewal rate. Most of the producers in the Copiapo Valley are large companies that have vast experience in the export markets and the capacity to make necessary investments," the USDA report said, noting that the Copiapo region sends about 75% of its grapes to the U.S.
The USDA said export volume from the Copiapo Valley typically ranges from 82,000 metric tons to 100,000 metric tons every season, with 70% of export volume destined for the U.S. China takes red globe variety grapes grown in Copiapo.
This year, the USDA said grape suppliers in Copiapo expect their exports could reach about 90,200 metric tons.
Karen Brux, managing director of the San Carlos, Calif.-based Chilean Fresh Fruit Association, said the great news with grape exports out of Chile is the shifting volume of varieties. Brux said exporters are shipping more of the varieties that the trade wants (varieties like Timco, Sweet Celebration, etc.) and less of the varieties that have fallen out of favor, such as flame seedless.
2017-18 exports of flame seedless to the U.S. were 35% down from just three years ago, which is a significant shift.
"The North American market is of huge importance to the Chilean fresh fruit industry, and exporters/growers are moving quickly to supply what this market wants," she said.
Grape supplies from Peru are becoming more and more important and are somewhat overshadowing grapes from Chile, said Craig Padover, account and category manager for Jac Vandenberg Inc., Yonkers, N.Y.
"There are some structural changes in (the) Southern Hemisphere related to California extending its season and Peru, which has some strategic advantages to the northern Chile grapes, such as a season that starts earlier and proprietary varieties, which hold their shape better during shipping and have great flavor profiles," Padover said.
"The cost of producing those early northern Chile grapes is very high. Unless you can get a good price, it doesn't pay."
While new varieties such as sweet globe seedless from Peru present challenges to traditional Chilean varieties, Padover said Chilean crimson grapes have great shape and flavor.
However, flame seedless out of Chile may have an especially challenging time, because in January and February it will be competing with these new varieties.
Grapes from Chile's northern regions — the earliest production areas that traditionally hit the December and January U.S. marketing window — have faced strong competition from Peru in recent years, said Eric Coty, executive director of South American imports for The Oppenheimer Group, Vancouver, British Columbia.
While U.S. imports of Chilean grapes have remained stable at near $800 million per year in the past five years, U.S. imports of Peruvian grapes have grown from about $80 million in 2013 to more than $361 million in 2017-18.
"With the expansion of Peru, which harvests seedless grapes for arrival to the U.S. November through March, the early Chilean regions are realizing a decline in demand," Coty said.
"In the years to come, we are likely to see fewer Chilean grapes in December and January than we have historically."
Another factor for early season grapes from Chile, Coty said, is the development of late-harvested varieties in California.
"California's ability to harvest, pack and market grapes later in the year places provides retailers with another option in November and December. The potential for later grapes also means that the 'pipeline' is rarely empty," Coty said.
This year, Coty said that California's crop appears to be large in volume and fairly stable in shelf-life.
"Both Peru and Chile will still bring grapes to North America, though the California crop will be a challenge for both Peru and Chile in December," he said.
The good news, Coty said, is that all three countries should have good volume of high-quality, promotable table grapes going into the end of the year and into next year.
Meanwhile, producers in the central and southern regions are also renewing their orchards with new varieties, at a less rapid rate, the USDA said.
Northeast editor Amy Sowder contributed to this article.
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Submitted by Queen Aysha on Sun, 11/10/2019 - 15:57
Can I buy some Lge big Chilean Grape seeds to grow please.
I'm in katikati, New Zealand.
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It requires a great commitment and hard work when it comes to finding some property at a lower price. Especially when it comes to the field of housing, it can be very confusing to know whether you have been conned or you just got a good opportunity. The following points are to help you in choosing the property to buy when you have little cash.
Firstly, a foreclosed property is a perfect type of property that you will find going for relatively less cash. It is the property that has been held for a moment by a respective bank as a result of default in loan repayment by the house owner. The bank then decides to enclose a house that is same worth as the amount they owe the bank, and this will be then sold. Mostly, this is sold at a very lower price so that they can try to recover their money back. Keep yourself posted not to miss the chance of finding it.
Do not wait to for a completely furnished house but get yourself ready and buy one that has not been renovated. You will realize that if you are a property investor, you could buy such a house that looks so much in despair and renovate it then sell it a relatively high price. It is a perfect way that you can use to gain a lot of profit. It is a perfect process when it comes to saving your money since you can as well alert sell it after renovating and make a lot of profit with the same house that you bought. You may choose to follow this route, and you will be assured of gaining so much cash from this investment.
The other property that will help you spend less in buying properties is when you purpose to buy a house that has been in use for display. In most instances, when marketing is being done, there are a few houses likely to be one or two of them that are used as display. When customers come they will be moving in and out of them, and this makes them start losing value slowly. Or simply because they have so much been exposed to the public it may not be considerate to sell them at a similar price as the rest. Remember that no one has lived there before but because of this fact you find that you can buy a brand new property and a second-hand cost.
In conclusion, the three types of property are an opportunity for every investor looking forward to saving some amount of money to just run for them. Get yourself a house at a low price and save for other kinds of investments.


The second meeting of the Pimlico Neighbourhood Forum took place on Tuesday 21 March 2017 at St Saviour's Hall, Pimlico.
Present were the Steering Group as well as Councillors: Nickie Aiken, Christabel Flight, Jacqui Wilkinson, Angela Harvey, Shamim Talukder and Murad Gassanly and 67 Pimlico residents.
The meeting approved Andrew McCarthy, a retired solicitor living in Pimlico, as an additional member of the Steering Group. It also agreed that the Forum should be incorporated as a Company Limited by Guarantee, a corporate form that limits the liability of members to £1 and the necessary changes to the Constitution will be put to the next meeting for formal approval.
There are about seventeen and a half thousand residents in Pimlico, living in nine and a half thousand households, almost all of them flats.
30% own their own homes, 30% live in council or housing association homes and 36% rent privately.
There has been a 21% increase in the number of residents living in Pimlico between the census of 2001 and 2011 and a 64% increase in people living in private rented homes.
Without much new build, this huge increase in population has happened without any major increase in street frontage or indeed increase in infrastructure provided.
And what policy areas should be given priority.
Separator image Posted in PNF.
Yes, all the suggested objectives seem admirable. One VERY thorny point. The number of those sleeping rough is increasing enormously. While there is a NIMBY knee jerk reaction, it is our duty to do what we can especially as a lot of those sleeping rough are former soldiers who have fought for us but have been left high and dry by the Army. Pressure is not enough and something needs to be done urgently.
Let us at least discuss where a hostel could be positioned and where we could make an offer to, for instance, St.Mungos or particularly Service Action Group with their head offices in Buckingham Palace Rd.
Tachbrook Market could do with having fewer fast food stalls and more choice of other sorts of stalls. I go to Lewisham which has a good choice of stalls. Local shops seem to be Charity shops, Coffee shops, Beauty shops and Dentists.
Your comments about Tachbrook Market and Pimlico shops will find widespread agreement among residents. Westminster City Council have been nagged about it for several years. What mix of stalls and shops would have greater appeal to Pimlico people?


text:
Letter from Helsinki: Finland's changing art scene
The Finnish artist Antti Laitinen (left) foraging in the Somerniemi woods northwest of Helsinki Photo: Crystal Bennes
From the March issue of Apollo: preview and subscribe here
It's not often that an artist's studio visit involves a weekend in the woods hunting for mushrooms. But then this is Finland, where the right to forage is enshrined in law. The artist in question is Antti Laitinen, whose international reputation has been built on solitary deeds of outlandish heroism, like living naked in the woods or sailing across the Baltic in a boat made from found bark. Such works cut to the heart of Finnish national identity, which prides itself on self-sufficiency and outdoor competence. Nature is a constant theme here, to the extent that it borders on cliché: Helsinki airport is currently welcoming visitors with a display of traditional Finnish rural skills.
The first thing such visitors might notice is Finland's almost total lack of contemporary art market. There is no art fair of significance here, and very few commercial galleries. In Helsinki, Galerie Forsblom caters to the conservative of taste; Galerie Anhava (which recently relocated to larger premises) represents the country's leading artists, such as Laitinen and Vesa-Pekka Rannikko. Otherwise, independent galleries here are largely artist-run. Little of the traditional work of the commercial gallery – PR, sales, administration, etc. – is carried out, but they still take a 30 per cent cut of any sales. Each holds an annual open call during which artists apply with an exhibition proposal. If successful, they then apply for one of many available grants for the arts. This will go on expenses such as materials and gallery rental fees. Most of these exhibitions are solo shows.
In 2015, the Finnish government spent over €40 million on artists' grants and subsidies, of which a little under half went on supplementary pensions for artists and journalists. Artists like Laitinen receive a monthly stipend guaranteed for five years. Unlike those awarded by Arts Council England, grants here tend to come with very few strings attached: there is little interest in criteria like audience diversity. Arguably this enables a more experimental approach to making work.
For art duo IC-98, Finland's representatives at this year's Venice Biennale, the advantage is that decisions are made by other artists based on artistic merit. It is a form of peer review. IC-98 are based in Turku, two hours west of Helsinki, a city of elegant architecture whose comparative lack of artists has, the pair believes, helped them in applications for regional grants.
Times are changing however. The current funding situation has its roots in the strong artists' unions that were formed in the 1970s. The problem now, though, as IC-98 have pointed out, is that grants very often go to the same select group of artists. As Juha Huuskonen, director of Helsinki International Artist Programme (HIAP), has written on his personal blog: 'All the funding for cultural organisations is already earmarked for existing established organisations and the system has been designed to maintain this status quo.' Today's younger artists feel excluded.
The other main cause is economic: Finland is feeling the pinch and further significant cuts are on their way later this year. Some have argued that funds should be concentrated in places of strength; others such as Huuskonen believe that the loss of a major institution or two might be necessary to keep the grass-roots scene alive. For a city with a population of just half a million, Helsinki boasts an impressive array of publicly funded museums, including Ateneum; National Museum of Finland; Design Museum, Helsinki; and Kiasma.
It is into this complex and changing landscape that the Guggenheim has parked its publicity juggernaut with a combination of the diplomatic and the crass. Behind-the-scenes wooing of the capital's decision-makers has gone hand in hand with a public relations strategy that has sought to present the opening of a Guggenheim Helsinki as a fait accompli. Important questions – what will actually be exhibited; who is going to pay for it – so far remain unanswered.
Finns are famously reserved, but many questions are being asked – and increasingly loudly. A new arts organisation, Checkpoint Helsinki, has launched an alternative design competition, The Next Helsinki, which seeks proposals for the harbour site provisionally allocated to the new Guggenheim. The aim is to 'highlight the city's singularity, and its residents' appetite for social, environmental and cultural justice', and the jury features prominent Finnish and international names including New York architect Michael Sorkin and Manifesta's public programme curator Joanna Warsza. Checkpoint Helsinki has been sponsored by the Finnish Cultural Foundation and the Swedish Cultural Foundation in Finland, both of which have also put money into the Guggenheim project.
Through organisations such as the Helsinki International Artist Programme, which hosts artist residencies on the fortress island of Suomenlinna, and Frame, which promotes Finnish art abroad, Helsinki is placing increasing emphasis on international cultural dialogue and exchange. Whether this requires the arrival of the Guggenheim mega brand remains to be seen. Important decisions lie ahead.
Forum: Should we be cynical about international museum franchises?
Guggenheim Bilbao lets its collection speak for itself (Matilda Bathurst)
Highlights from The Armory Show 2015
The leading modern and contemporary art fair opens to the public tomorrow
London Diary: 22 February
Digby Warde-Aldam explores what London has to offer, from contemporary abstract painting to Sargent's most disquieting portraits
Leonora Carrington may be a 'literary painter' and a surrealist storyteller, but we should not forget the formal qualities that underpin her best work


text:
Q: Shopping basket: Products with options, how to check if a combination exists? I have a bit of a SQL problem that I'm hoping someone can help.
On my website someone can order a product and then options for that products, e.g. they buy a car, and options such as tyres, stereo system.  The customer can add multiple items to their basket for the same main item (a car), but then different options for it, such as:
car, pirelli, b&o
car, michelin, b&o
I have this DB structure to achieve this:
orders
----------
order_ref
total

orders_parts
------------
id
order_ref
part_id
quantity

orders_parts_options
--------------------
id
option

orders
------
12345     1000.01

orders_parts
------------
1001   12345     Audi     1
1002   12345     Audi     1

orders_parts_options
--------------------
1001    michelin
1001    b&o
1002    pirelli
1002    b&o

So here you can see I have two Audis in my shopping basket, one with michelin, one with pirelli, both with B&O audio systems.  My question; let's say another call is made to add an item to the shopping basket for this order, e.g. another Audi with Michelin and B&O, what SQL would I need to get orders_parts.id of 1001?
I came up with this bit of rubbish:
SELECT op.id FROM orders_parts op
    INNER JOIN orders_parts_options opo ON (op.id = opo.id)
WHERE op.order_ref = 12345 AND (opo.option = 'michelin' OR opo.option = 'b&o')

But I get this result
1001
1001
1002

from that.  I'm guessing I need to aggregate it and have a having count = 2 in there, but just cannot work it out.  Anyone smarter out there who can help me?
(just to add, the DB is normalized in real life, but for clarity I've but full text values in there).

A: SELECT op.id, count(op.id) as n FROM orders_parts op
    INNER JOIN orders_parts_options opo ON (op.id = opo.id)
WHERE op.order_ref = 12345 AND (opo.option = 'michelin' OR opo.option = 'b&o')
GROUP BY op.id;

This query retrieves all parts (and their number) for the order_ref=12345 where option = 'michelin' or option = 'b&o'

redpajama_set_name: RedPajamaStackExchange


text:
The Bar for Best Man's Speeches Just Got Raised. A Lot.
ARTSOCIETY
By Justin Gammill	 On Apr 22, 2015
If you've never had the immense privilege of giving a speech at a weeding, it's not as easy as you'd think. It's a great responsibility as a maid of honor or a best man to accurately convey your love and appreciation for the newly wed couple. The maid of honer/best man speech is kind of like the un-official blessing of the union from the people closest to the bride and groom.
Buy an "Intelligence is sexy" t-shirt!
Well, the bar has officially been raised to nearly unobtainable levels, thanks to Daniel Buccheri and his best man's speech at his brother Adrian's wedding. Using a simple keyboard, his voice, and an incredible talent, Daniel expresses his wishes for the new couple in a way that made me laugh, and maybe even tear up a little. Really, a beautiful tribute to his brother and his new wife.
Daniel Buccheri
best manKeyboardmaid of honorSocietyspeechvoice
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text:
RFA Notes
September 28, 2016 at 11:37 am CDT | by Brett Barrett 1 Comment
It's been an unusual off-season in the NHL, with seven high profile Restricted Free Agents (RFAs) remaining a week into training camp. Compared to last off-season, when teams moved quickly to sign or trade players to avoid the threat of offer sheets.
In a series of tweets, TSN's Bob McKenzie sent out the latest in negotiations from across the league.
Anaheim Ducks – Hampus Lindholm and Rickard Rakell – The Ducks are using Morgan Rielly and Seth Jones as comparable contracts, while Lindholm's camp is pointing to Aaron Ekblad's $7.5MM AAV. McKenzie clarifies that Lindholm isn't asking for $7.5MM, more in the $6MM-plus range. McKenzie hasn't been able to determine the range of numbers from the Rakell negotiations yet.
Arizona Coyotes – Tobias Rieder – The two sides are less than $500K apart. Rieder is currently looking for two years at $2.5MM per season, while the Coyotes aren't budging on their offer of two years in the low $2MM range. Rieder does have KHL offers to consider, or McKenzie suggests he could ask for a trade or hold out.
Buffalo Sabres – Rasmus Ristolainen – The Sabres and Ristolainen are in the same situation as the Ducks and Lindholm, according to McKenzie. The two sides are at least $1MM apart, with each side standing firm with their comparables.
Calgary Flames – Johnny Gaudreau – This is likely the most fascinating case, as Gaudreau isn't technically an RFA because he falls under the 10.2(c) CBA clause. Because Gaudreau hasn't accrued three years experience, he isn't eligible for an offer sheet and therefore has basically no power, other than holding out. McKenzie believes the Flames want Gaudreau to sign in the same range as Sean Monahan (six-years, $6.375MM per) and no higher than captain Mark Giordano ($6.75MM per), while Gauderau is looking for more than $8MM per season. The two sides have not negotiated recently, according to McKenzie, who called the situation "bit of a Cold War".
Tampa Bay Lightning – Nikita Kucherov – If not Gaudreau, then Kucherov is definitely the most complex RFA situation due to the Lightning's cap issues. While Kucherov has a long list of comparable contracts in the six-year, $36MM range, that's not possible in the Lightning's current state. They'll need to move someone to accommodate another $6MM; McKenzie believes Ben Bishop will be traded sometime this season, but expects he'll start the season in Tampa.
Winnipeg Jets – Jacob Trouba – There has been plenty of digital ink spilled on Trouba's trade request, but the only new information from McKenzie was that Trouba is not interested in signing an offer sheet, because the Jets would not be allowed to trade him for a calendar year, should they match. That defeats the purpose of wanting to be traded.
It is still early in the season, but there is a firm deadline coming up: December 1st. Should an RFA not be signed by then, then he will be ineligible to play for the remainder of the season.
This is likely only a consideration for Trouba, with the Jets' habit of slow-playing trade requests and waiting out poor trade offers.
Anaheim Ducks| Arizona Coyotes| Bob McKenzie| Buffalo Sabres| Calgary Flames| Hampus Lindholm| Jacob Trouba| Johnny Gaudreau| Nikita Kucherov| Rasmus Ristolainen| RFA| Rickard Rakell| Tampa Bay Lightning| Tobias Rieder| Winnipeg Jets
Training Camp Cuts: 09.28.16
Devils Sign Kyle Quincey
ericl
Lindholm is a better defenseman than both Seth Jones & Morgan Reilly. He is a top pair d-man. He thrived in that role last season. He was clearly the Ducks best shut down guy. The other two really aren't top pair d-men at this point. They still make far too many mistakes in their own zone. While Lindholm isn't as good as Ekblad, I can see why his camp would ask for $6 million a season. Maybe a deal for somewhere around $5.7 million a season can get it done


text:
package de.neofonie.surlgen.processor.classwriter;

import com.helger.jcodemodel.*;
import de.neofonie.surlgen.processor.core.CamelCaseUtils;
import de.neofonie.surlgen.processor.core.Options;
import de.neofonie.surlgen.processor.core.data.UrlMethod;
import de.neofonie.surlgen.processor.spring.UrlFunctionGenerator;
import de.neofonie.surlgen.processor.util.SingletonInstance;
import org.springframework.context.ApplicationContext;
import org.springframework.web.context.WebApplicationContext;
import org.springframework.web.context.request.RequestAttributes;
import org.springframework.web.context.request.RequestContextHolder;
import org.springframework.web.context.request.ServletRequestAttributes;
import org.springframework.web.context.support.WebApplicationContextUtils;
import org.springframework.web.servlet.DispatcherServlet;

import javax.servlet.ServletContext;
import javax.servlet.http.HttpServletRequest;
import java.util.ArrayList;
import java.util.Collections;
import java.util.List;
import java.util.function.Supplier;

public class FunctionClassWriter extends ClassWriter {

    private static SingletonInstance<FunctionClassWriter> instance = new SingletonInstance<>(new Supplier<FunctionClassWriter>() {
        @Override
        public FunctionClassWriter get() {
            try {
                JDefinedClass definedClass = ClassWriter.createClass(Options.getValue(Options.OptionEnum.FunctionClassName));
                definedClass.javadoc().add("Generated with " + UrlFunctionGenerator.class.getCanonicalName());
                return new FunctionClassWriter(definedClass);
            } catch (JClassAlreadyExistsException e) {
                throw new IllegalStateException(e);
            }
        }
    });
    private final JMethod serviceMethod;
    private final List<JMethod> methods = new ArrayList<>();

    private FunctionClassWriter(JDefinedClass definedClass) {
        super(definedClass);
        serviceMethod = appendGetServiceMethod();
    }

    public static synchronized FunctionClassWriter createFunctionClassWriter() throws JClassAlreadyExistsException {
        return instance.getInstance();
    }

    private JMethod appendGetServiceMethod() {

//            private<T> T getService(Class<T> beanClass) {
        JMethod getServiceMethod = getDefinedClass().method(JMod.PRIVATE | JMod.STATIC, Class.class, "getService");
        JTypeVar t = getServiceMethod.generify("T");
        getServiceMethod.type(t);

        AbstractJClass beanClass2 = ClassWriter.ref(Class.class).narrow(t);
        JVar beanClass = getServiceMethod.param(beanClass2, "beanClass");

//            RequestAttributes requestAttributes = RequestContextHolder.getRequestAttributes();
        JBlock body = getServiceMethod.body();
        JVar requestAttributes = body
                .decl(ClassWriter.ref(RequestAttributes.class), "requestAttributes")
                .init(ClassWriter.ref(RequestContextHolder.class).staticInvoke("getRequestAttributes"));

//                HttpServletRequest servletRequest = ((ServletRequestAttributes) requestAttributes).getRequest();
        JVar servletRequest = body
                .decl(ClassWriter.ref(HttpServletRequest.class), "servletRequest")
                .init(JExpr.cast(ClassWriter.ref(ServletRequestAttributes.class), requestAttributes)
                        .invoke("getRequest"));

//        Object attribute = servletRequest.getAttribute(DispatcherServlet.WEB_APPLICATION_CONTEXT_ATTRIBUTE);
        JVar applicationContext = body
                .decl(ClassWriter.ref(ApplicationContext.class), "applicationContext")
                .init(JExpr.cast(ClassWriter.ref(ApplicationContext.class), servletRequest
                                .invoke("getAttribute")
                                .arg(ClassWriter.ref(DispatcherServlet.class).staticRef("WEB_APPLICATION_CONTEXT_ATTRIBUTE")))
                );

        body._if(applicationContext.neNull())
                ._then()
                ._return(applicationContext.invoke("getBean").arg(beanClass));

//            ServletContext servletContext = servletRequest.getServletContext();
        JVar servletContext = body
                .decl(ClassWriter.ref(ServletContext.class), "servletContext")
                .init(servletRequest.invoke("getServletContext"));

//            WebApplicationContext webApplicationContext = WebApplicationContextUtils.getRequiredWebApplicationContext(servletContext);
        JVar webApplicationContext = body
                .decl(ClassWriter.ref(WebApplicationContext.class), "webApplicationContext")
                .init(ClassWriter
                        .ref(WebApplicationContextUtils.class)
                        .staticInvoke("getRequiredWebApplicationContext")
                        .arg(servletContext));

//            return requiredWebApplicationContext.getBean(Foo.class);
        body._return(webApplicationContext.invoke("getBean").arg(beanClass));
//            getServiceMethod.javadoc().add("Extension-Point to use another Base-UriComponentsBuilder than the default one");
        return getServiceMethod;
    }

    public void appendUriStringMethod(UrlMethod urlMethod) {

        String name = CamelCaseUtils.firstCharLowerCased(urlMethod.getClazz().getSimpleName().toString())
                + CamelCaseUtils.firstCharUpperCased(urlMethod.getMethodName());
        JMethod uriStringMethod = definedClass.method(JMod.PUBLIC | JMod.STATIC, String.class,
                name);

        AbstractJClass serviceClass = ClassWriter.ref(urlMethod.getClazz().toString() + Options.getValue(Options.OptionEnum.ServiceClassName));

        JVar service = uriStringMethod.body().decl(serviceClass, "service")
                .init(JExpr.invoke(serviceMethod).arg(serviceClass.dotclass()));
        JInvocation invocation = service.invoke(urlMethod.getMethodName() + "UriString");

        uriStringMethod.body()._return(invocation);
        urlMethod.appendParams(uriStringMethod, invocation);

        methods.add(uriStringMethod);
    }

    public List<JMethod> getMethods() {
        return Collections.unmodifiableList(methods);
    }
}

redpajama_set_name: RedPajamaGithub


Contempt involves thinking that one's values, preferences or viewpoints are better or more correct than those of one's partner in any given situation. Or, it may involve the tendency to think of one as better (more mature, more responsible, less selfish, less to blame) than one's partner. The antidote is to build an atmosphere of appreciation. In successful marriages, there is almost no contempt with partners valuing the opinions and input of the other. Rather than judging the other or "looking down" at the other, successful couples convey that they appreciate the other. They avoid hurtful criticism or negative judgments of the other or how the other does things or thinks about things.