text:
Q: Use HWIOAUTHBundle with LexikJWT in a api-platform project I havn't no issue to build an api with api-platform and generate token with LexikJwt and refresh with gedinet bundle.
It's easy (thanks a lot, it's a great doc).
I use Symfony 6.1 and try to integrate HWIOAUTH Bundle 2.0 (beta).
My use case : Use Azure (Office 365) to authenticate user on my api.
Currently I've configure 2 providers (Entity and Memory). And I would like use un third : Azure
My security.yml
security:
    # https://symfony.com/doc/current/security.html#registering-the-user-hashing-passwords
    password_hashers:
        Symfony\Component\Security\Core\User\PasswordAuthenticatedUserInterface: 'auto'
    # https://symfony.com/doc/current/security/authenticator_manager.html
    enable_authenticator_manager: true
    # https://symfony.com/doc/current/security.html#loading-the-user-the-user-provider
    role_hierarchy:
        ROLE_EMPLOYEE:      ROLE_USER
        ROLE_COMPANY:       ROLE_USER
        ROLE_ADMIN:         [ROLE_EMPLOYEE, ROLE_COMPANY]
        ROLE_SUPPORT:       [ROLE_USER, ROLE_ALLOWED_TO_SWITCH]
        ROLE_SUPER_ADMIN:   [ROLE_ADMIN, ROLE_ALLOWED_TO_SWITCH]
    providers:
        # used to reload user from session & other features (e.g. switch_user)
        app_user_provider:
            entity:
                class: App\Entity\User
                property: email
        support_provider:
            memory:
                users:
                    super_admin: { password: 'aPasswordhash', roles: ['ROLE_SUPER_ADMIN'] }
                    support: { password: 'aPasswordhash', roles: ['ROLE_SUPPORT'] }
        chain_provider:
            chain:
                providers: ['app_user_provider', 'support_provider']
    firewalls:
        dev:
            pattern: ^/(_(profiler|wdt)|css|images|js)/
            security: false
        main:
            stateless: true
            provider: chain_provider
            entry_point: jwt
            json_login:
                check_path: /login_check
                username_path: email
                password_path: password
                success_handler: lexik_jwt_authentication.handler.authentication_success
                failure_handler: lexik_jwt_authentication.handler.authentication_failure
            # https://symfony.com/doc/current/security/impersonating_user.html
            switch_user: true
            jwt: ~
            refresh_jwt:
                check_path: /refresh
            logout:
                path: logout
            # activate different ways to authenticate
            # https://symfony.com/doc/current/security.html#the-firewall

    # Easy way to control access for large sections of your site
    # Note: Only the *first* access control that matches will be used
    access_control:
        - { path: ^/docs,           roles: PUBLIC_ACCESS }
        - { path: ^/refresh,        roles: PUBLIC_ACCESS }
        - { path: ^/login_check,    roles: PUBLIC_ACCESS }
        # - { path: ^/logout,       roles: IS_AUTHENTICATED_FULLY }
        # - { path: ^/admin, roles: ROLE_ADMIN }
        # - { path: ^/profile, roles: ROLE_USER }

when@test:
    security:
        password_hashers:
            # By default, password hashers are resource intensive and take time. This is
            # important to generate secure password hashes. In tests however, secure hashes
            # are not important, waste resources and increase test times. The following
            # reduces the work factor to the lowest possible values.
            Symfony\Component\Security\Core\User\PasswordAuthenticatedUserInterface:
                algorithm: auto
                cost: 4 # Lowest possible value for bcrypt
                time_cost: 3 # Lowest possible value for argon
                memory_cost: 10 # Lowest possible value for argon

The rest of my confiuration follow bundle doc.
I have no idea how I can make them (this 3 providers) work under the same login and save Azure (office365) user into my db! This is my issue.
Do you have any ideas?
I tried to complet my chain_provider with hwi_oauth service. I thought to use an other way (SAML) or a second route to login, but we lost JWT security usage.


text:
Spotify Kills "Hateful Conduct" Policy
June 1, 2018 | 11:47 AM
by Kyle Eustice
Spotify has announced it's dropping half of its new Hate Content and Hateful Conduct policy.
After the streaming giant announced the policy last month, its reception was marred in controversy. The general consensus was there was simply no way to "police" every artist's catalog to determine whose music should be pulled from Spotify-curated playlists and whose shouldn't.
Spotify explained the decision in a statement posted to its website.
"While we believe our intentions were good, the language was too vague, we created confusion and concern, and didn't spend enough time getting input from our own team and key partners before sharing new guidelines."
While the new policy is dead as a whole, the company is still intent on keeping the ban against "hate content" moving forward.
"Spotify does not permit content whose principal purpose is to incite hatred or violence against people because of their race, religion, disability, gender identity, or sexual orientation," the statement continued. "As we've done before, we will remove content that violates that standard. We're not talking about offensive, explicit, or vulgar content – we're talking about hate speech."
Following the backlash, Spotify initially said it would be revising the policy. After removing R. Kelly and XXXTENTACION's music from Spotify-curated playlists, the company reinstated X's music due to the uproar.
During this year's Code Conference earlier this week, Spotify CEO Daniel Ek reiterated the company would be "revising" the policy, not tossing it out. He also admitted the policy wasn't executed properly nor was it meant to spotlight particular artists.
"We rolled this out wrong and could have done a much better job," he said. "The whole goal with this was to make sure that we didn't have hate speech. It was never about punishing one individual artist or even naming one individual artist."
Its latest statement concluded with, "We will continue to seek ways to impact the greater good and further the industry we all care so much about. We believe Spotify has an opportunity to help push the broader music community forward through conversation, collaboration and action.
"We're committed to working across the artist and advocacy communities to help achieve that."

redpajama_set_name: RedPajamaCommonCrawl


text:
Home PageInitiatives Year of Reading
Reading Year Initiatives
In line with its efforts to support the government initiatives , especially those related to enhancing public awareness and knowledge, the General Pension and Social Security Authority (GPSSA) launched a number of initiatives and activities, during the year 2016, that support the Reading Year initiative.
Through these initiatives and activities, GPSSA targets its key stakeholders internally and externally.
Read Initiative
Through this initiative, the authority targets its own employees in an effort to motivate them to read and enrich their knowledge on different subjects. A complete section was dedicated within the authority's internal magazine for employees where an employee summarizes a book he/she has read and suggests it for others to read.
Readers Forum represents a platform to review and share ideas from any of the books enjoyed by an employee, who gifts the book at the end of the presentation an attendee in order to raise the awareness about reading and encourage the employees to adopt this culture as daily activity.
Reading Hour
Reading Hours is a responsive initiative to the Decree of H.H. Sheikh Khalifa Bin Zayed Al Nahyan, the President of UAE to make March or every year a month of reading, in an unprecedent gesture to promote the knowledge society in UAE and enhance the reading efforts throughout the State. The GPSSA shared this initiative with many entities inside the UAE which was welcomed and participated in by the employees of the Authority.
The GPSSA established its own library for the employees at Headquarter in Abu Dhabi, to implant the culture of reading and spread knowledge among employees who can benefit from the valuable books available in the Library including stories & novels, humanities and social books and publications of arts, literature and culture, along with many biographies and self-improvement, public relations books, in addition to many books evoke the cultural and social traditions of the UAE.
Year of Giving - Donations
In the occasion of "Year of Giving", the GPSSA launched "O seeker of the good; come near!" Initiative in which the Authority staff contributed to provide Iftar for 500 fasting people in cooperation with Dar Al Bar Association, which in turn supervised on the processing and distribution of meals to fasting people at Ibrahim Khalil Mosque in Bur Dubai.
Law FAQs Booklet
Through this initiative, the authority targets all of its stakeholders, urging them to read the law on pension and social security by summarizing it and re-producing it in an easy to read booklet.
Visitors Number:
LastUpdate 12/13/2021 1:09 PM


text:
Monte Hacho – góra w hiszpańskim mieście Ceuta, na północy Afryki. Monte Hacho położona jest na wybrzeżu Morza Śródziemnego w Cieśninie Gibraltarskiej, naprzeciw Gibraltaru.

Niekiedy razem ze Skałą Gibraltarską nazywana jest Słupami Heraklesa, choć bardziej prawdopodobnym kandydatem jest marokańska góra Dżabal Musa, ze względu na wysokość.

Przypisy

Geografia Ceuty
Góry w Afryce
Góry Hiszpanii

redpajama_set_name: RedPajamaWikipedia


text:
Republican defections in impeachment trial are making the White House worried
Corruption, Impeachment, Politics, Republican Hypocrisy, Trump Investigations
By Vinnie Longobardo
If Donald Trump seems even more jittery than usual lately, it could because it's dawning on him that the support among Republican Senators for conducting a sham impeachment trial without the testimony of fact witnesses to the accusations against the president is not as universal as he had believed it would be.
With CBS News now reporting that senior White House officials believe that as many as four GOP Senators — and possibly even more — will vote to call witnesses in the trial as has occurred at both previous presidential impeachment proceedings, the president is likely feeling more nervous than before his misadventures with Iran turned sentiment even further against him, even among some members of his own party.
Add your name to the millions demanding accountability of the president. Tell Speaker Pelosi and the House: Launch impeachment proceedings against Donald Trump!
Among the Republicans predicted to vote against Mitch McConnell's plan for the immediate dismissal of the articles of impeachment being forwarded from the House of Representatives are Senators Lisa Murkowski of Alaska, Susan Collins of Maine, Mitt Romney of Utah and possibly Cory Gardner of Colorado.
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Two other Senators are also considered possible defectors from the unbroken line of defense that Trump had hoped for — Rand Paul (R-KY), who railed against the administration's failure to consult Congress before approving the assassination of an Iranian general, and Lamar Alexander (R-TN), considered a strict "institutionalist" who may insist on following precedent by the Trump team.
As recently as last week, Senator Collins, considered vulnerable in her reelection bid after her vote to confirm Supreme Court Justice Brett Kavanaugh, told the media that she was working with a "fairly small group" of her colleagues to ensure that the appropriate testimony would be considered, saying that they "should be completely open to calling witnesses."
Senator Murkowski has gone on the record as supporting conducting the trial under the same conditions that were in effect for the impeachment trial of President Bill Clinton and has openly said that she was disturbed by Majority Leader McConnell's statements that he will coordinate with the White House to defeat the attempts to remove Trump from office.
For his part, Senator Romney seems particularly interested in seeing what former National Security Advisor John Bolton might have to say after Bolton agreed to testify if subpoenaed. Senators Garner and Alexander have each advocated that any trial be fair and impartial and Senator Paul has advocated for calling witnesses, although he would most like to see the whistleblower who exposed Trump's extortionate plan to get Ukranian help in his reelection campaign testify.
With four being the minimum number of GOP defections necessary to ensure that witnesses are called in Trump's trial, the White House is making contingency plans to invoke executive privilege to prevent Bolton from testifying according to CBS News, although the constitutionality of such blocking in an impeachment proceeding is questionable.
Still, the fact that "one senior official said the White House's impeachment team and counsel's office do not expect a quick dismissal of the impeachment articles in the Senate," as CBS News is reporting, indicates that the attempts by Trump and his legislative cronies to halt the incoming wave are possibly doomed to failure by politically vulnerable Republican Senators who don't want to see their chances at reelection — and their legacies as public servants — marred by an association with such an obvious cover-up with charges dismissed without a proper examination of the facts.
Even if the Senate votes to allow witnesses, their testimony will need to contain enormous bombshells of incriminating evidence against the president to overcome the barrier that a two-thirds majority vote to remove Trump from office would require.
That such evidence exists is likely. Whether the Senate jurors — and more importantly the public — ever gets to see and hear it is the ultimate question.
Follow Vinnie Longobardo on Twitter.
Original reporting by Ben Tracy and Kathryn Watson at CBS News.
Join millions calling for AG Barr to resign after he defied his constitutional obligations to protect Trump!
Vinnie Longobardo
Vinnie Longobardo is a 35-year veteran of the TV, mobile, & internet industries, specializing in start-ups and the international media business. His passions are politics, music, and art.
Washington Press
Ivanka rudely snubs CNN reporter for asking about impeachment in viral clip
Trump tweets all-caps demand to nation from Davos as impeachment trial begins
McConnell bows to pressure, changes impeachment trial rules in huge win for Dems
Trump's speech at Davos forum fact-checked by Nobel-winning economist in devastating takedown
Discount death threat: Iranian lawmaker reduces bounty on Trump by 96%
The First Daughter behaved more like the First Princess in an uncomfortable interaction that took social media by storm.
The president did not waste any time before letting the world know how he felt about the momentous events unfolding in Washington.
The Majority Leader's efforts to make the trial as arduous and unfair as possible collapsed on Tuesday afternoon.
Washington Press is a political news website dedicated to providing our readers the most accurate, concise, and breaking political news of the day. Read more about us or contact us.
Copyright ©2018, Washington Press. All Rights Reserved.


text:
Varian Works with Sify Technologies to Host Data Remotely Across CTSI Network of Cancer Centers in India | Varian
Varian Works with Sify Technologies to Host Data Remotely Across CTSI Network of Cancer Centers in India
21 de June de 2017
HYDERABAD, India, June 21, 2017 /PRNewswire/ -- In the first project of its kind outside the United States, Varian Medical Systems (NYSE: VAR) is working with Sify Technologies to provide software-as-a-service (SaaS) to radiotherapy centers across India. The innovative service, which hosts oncology information and treatment planning software in the cloud and allows clinical teams to focus on treating patients, is being implemented as part of a multi-million dollar investment in treatment equipment and software across Cancer Treatment Services International CTSI's network of cancer hospitals in India and South Asia.
"CTSI is rapidly expanding its network across the region, and the cloud-hosted solution enables us to focus on delivering high quality, consistent care to our patients," said Vishal Bali, CTSI's Chairman. "Our flagship Hyderabad facility, operated under the name American Oncology Institute (AOI), is the first in India to implement this innovative solution for remote software hosting and better connectivity with our clinicians. These unique capabilities differentiate our hospitals and facilitate the use of evidence-based protocols and tools, such as cutting-edge treatment planning technologies, across the AOI network."
In line with a two-year implementation plan, the first three sites – including Hyderabad – are already clinical and other CTSI centers in India will follow suit in the coming months. It is the first SaaS project of its kind for Varian outside North America and forms part of a larger order from CTSI for 12 advanced Varian linear accelerators – including 10 top-of-the-range TrueBeam™ systems – to be installed at CTSI hospitals across the region.
Joe Nicholas, co-founder and executive director of CTSI, said, "We are delighted with how this project has come to fruition. It has been delivered on time and the result is very impressive. Our clinical teams now have access to a robust centralized electronic system and are no longer working in isolation."
"With a unique SaaS model such as this CTSI subscribes to the software, as part of the service packages provided by Sify that include all required IT infrastructure and hosting, rather than buying it," says Steve Laws, Varian's head of software sales in the EMEIA region. "It makes sense for them because as well as offering economies of scale, it means their clinical teams are freed up to focus on treating cancer patients."
Raju Vegesna, chairman of Chennai-based Sify Technologies, added, "Together with Varian, we wanted to build a solution that would eliminate many of the problems facing Indian hospitals, which tend to work in isolation. We have come up with a common platform stored in a private cloud, through which all practitioners in the network have instant access to all data. With this model, all radiation planning can be done remotely in a process that has been streamlined from disease detection to treatment. The local doctors have continuous peer group collaboration and knowledge sharing."
"With private storage, we never run short of space and no patient data is eliminated," he added. "We firmly believe this is how oncology treatment will be handled going forward in India and across South-East Asia. It is a complete break with the past and offers huge benefits. And if we can do this here, in India, we can do it anywhere in the world."
In the first quarter of its current fiscal year, Varian announced it had booked $18 million of a $35 million order from CTSI for the India project. "This is our first software-as-a-service project in the region and demonstrates our ability to meet the growing need from customers for cloud-hosted software solutions," said Varian CEO Dow Wilson.
Varian Medical Systems focuses energy on saving lives and is the world's leading manufacturer of medical devices and software for treating and managing cancer. Headquartered in Palo Alto, California, Varian employs approximately 6,400 people at sites around the world. For more information, visit http://www.varian.com and follow @VarianMedSys on Twitter.
About Sify Technologies
Across 1400 cities in India, more than 9000 Enterprises access Sify's ICT services that's focused on the Data Center and Cloud platform and connected through a pan-India MPLS capable network. The services run the full gamut from Telecom connectivity services to Data Center transformation services along with Application and Security Services on the same infrastructure making it a truly converged ICT solutions and services provider in India. Sify also builds products that interface with multiple services in the ICT space; either built in-house or collaboratively with the best-of-breed solution providers. Sify Technologies and www.sifycorp.com are registered trademarks of Sify Technologies Limited.
CTSI is a leading provider of comprehensive treatment for cancer patients in emerging and frontier markets. Founded by physicians and businessmen with substantial experience in the development, operation and networking of cancer services, CTSI provides innovative and technologically-advanced treatment solutions through an IT-based model that allows integration and centralization of core services. The company began international operations at its flagship cancer hospital in Hyderabad, India, and is rapidly expanding a network of cancer hospitals across India and South Asia. For more information visit www.cancertreatmentservices.com.
Neil Madle
Varian Medical Systems
neil.madle@varian.com
Praveen Krishna
Sify Technologies Limited
+91 44 22540777 (ext.2055)
praveen.krishna@sifycorp.com


The last victim of billionaire kidnapper, Evans, just before his arrest by security operatives in Lagos State, has made some unbelievable revelation today in court.
Speaking while giving evidence before an Ikeja Special Offences Court in Lagos on Friday, Donatus Dunu, who is one of the victims of billionaire kidnapper, Chukwudumeme Onwuamadike, popularly known as Evans, told a Lagos judge how his family received 50 per cent discount on ransom from his abductors last year.
He said that the billionaire's insistence on receiving the ransom in euros made it difficult for his family to raise the money.
He said; "Evans asked for my brother's phone number and I gave him. They called my brother Anselm Dunu that I should tell him my bill is €1 million through a conference call. They were beating me that I should say that I have agreed that I will pay €1 million and I told my brother.


text:
package cherry.foundation.type;

import static com.google.common.base.Preconditions.checkArgument;

import java.util.ArrayList;
import java.util.LinkedHashMap;
import java.util.List;
import java.util.Map;

import org.springframework.context.MessageSource;
import org.springframework.context.i18n.LocaleContextHolder;

import cherry.goods.log.Log;
import cherry.goods.log.LogFactory;

public class EnumCodeUtil {

	private static MessageSource messageSource;

	public static MessageSource setMessageSource(MessageSource ms) {
		messageSource = ms;
		return ms;
	}

	public interface CodeMap<C, E extends Code<C>> {
		E get(C code);
	}

	public static <C, E extends Code<C>> CodeMap<C, E> getCodeMap(final Class<E> type, final E defaultValue) {
		return new CodeMap<C, E>() {

			private Log log = LogFactory.getLog(type);
			private Map<C, E> map = getMap(type);

			@Override
			public E get(C code) {
				E e = map.get(code);
				if (e == null) {
					checkArgument(defaultValue != null, "No matching enum %s for %s", type.getSimpleName(), code);
					if (log.isDebugEnabled()) {
						log.debug("No matching enum {0} for {1}", type.getSimpleName(), code);
					}
					return defaultValue;
				}
				return e;
			}
		};
	}

	public static <C, E extends Code<C>> Map<C, E> getMap(Class<E> type) {
		checkArgument(type.getEnumConstants() != null, "%s does not represent an enum type.", type.getSimpleName());
		Map<C, E> map = new LinkedHashMap<>();
		for (E e : type.getEnumConstants()) {
			map.put(e.code(), e);
		}
		return map;
	}

	public static <C, E extends Code<C>> LabeledCode<C, E> getLabeledCode(final E code) {
		return new LabeledCode<C, E>() {

			@Override
			public E getCode() {
				return code;
			}

			@Override
			public C getCodeValue() {
				return code.code();
			}

			@Override
			public String getCodeLabel() {
				String cd = new StringBuffer(code.getClass().getName()).append(".").append(code.code()).toString();
				return messageSource.getMessage(cd, null, LocaleContextHolder.getLocale());
			}
		};
	}

	public static <C, E extends Code<C>> List<LabeledCode<C, E>> getLabeledCodeList(Class<E> type) {
		checkArgument(type.getEnumConstants() != null, "%s does not represent an enum type.", type.getSimpleName());
		List<LabeledCode<C, E>> list = new ArrayList<>();
		for (E e : type.getEnumConstants()) {
			list.add(getLabeledCode(e));
		}
		return list;
	}

	@SuppressWarnings("unchecked")
	public static <C, E extends Code<C>> List<LabeledCode<C, E>> getLabeledCodeList(String typeName) {
		try {
			return getLabeledCodeList((Class<E>) Class.forName(typeName));
		} catch (ClassNotFoundException ex) {
			throw new IllegalArgumentException(ex);
		}
	}

}

redpajama_set_name: RedPajamaGithub


text:
The moment you look at the amount of support Tron has been receiving lately, you immediately realize it's not just yet another blockchain-based platform. Tron's technology aims to deploy world's largest FREE content entertainment system. The platform allows anyone to store and own data, and to freely publish their content. Its app "Peiwo" already gathers 10 million enthusiasts and is on the road to become the world's first TRON-compatible entertainment app. This technology revolves around the following ideology: All contributions on the network should be of equal quantitative value, the Internet should be decentralized, and data creators should have the absolute ownership of the data. It's important to realise though that Tron has been pushed like hell by an ambitious marketing department… I have not yet decided if this is a cryptocurrency which will survive but, for a one year hold, it seems a safe bet.
The value of such Creation Unit for the S&P 500 Dividend Aristocrats ETF, the MSCI EAFE Dividend Growers ETF, the DJ Brookfield Global Infrastructure ETF, the Global Listed Private Equity ETF, the Large Cap Core Plus, the Hedge Replication ETF, the Merger ETF, the Inflation Expectations ETF, the CDS Short North American HY Credit ETF, the UltraPro Short Financial Select Sector ETF, the UltraShort FTSE Europe ETF, the UltraPro Financial Select Sector ETF, and the Ultra High Yield ETF as of each such Fund's inception was $2,000,000.
Investments in common units of MLPs involve risks that differ from investments in common stock. Holders of common units of MLPs have the rights typically provided to limited partners in limited partnerships and, thus, may have limited control and limited voting rights as compared to holders of a corporation's common shares. Holders of common units may be subject to conflicts of interest with the MLP's general partner, including those arising from incentive distribution payments. MLPs may also have limited financial resources and units may be subject to cash flow and dilution risk. In addition, investments held by MLPs may be relatively illiquid, limiting the MLPs' ability to vary their portfolios promptly in response to changes in economic or other conditions. Accordingly, MLPs may be subject to more erratic price movements because of the underlying assets they hold. Further, a Fund's investment in MLPs subjects the Fund to the risks associated with the specific industry or industries in which the MLPs invest.
•	Short Sale Exposure Risk — The Fund seeks inverse or "short" exposure through short positions in bitcoin futures contracts and other financial instruments. This will cause the Fund to be exposed to certain risks associated with selling assets short. These risks include, under certain market conditions, an increase in the volatility and decrease in the liquidity of the asset underlying the short position, which may lower the Fund's return, result in a loss, have the effect of limiting the Fund's ability to obtain inverse exposure through financial instruments such as swap agreements and futures contracts, or require the Fund to seek inverse exposure through alternative investment strategies that may be less desirable or more costly to implement. To the extent that, at any particular point in time, the assets underlying the short position may be thinly traded or have a limited market, including due to regulatory action, the Fund may be unable to meet its investment objective due to a lack of available securities or counterparties. During such periods, the Fund's ability to issue additional Creation Units may be adversely affected. Obtaining inverse exposure through these instruments may be considered an aggressive investment technique. Inverse exposure must be actively managed in order to keep the Fund fully invested. See "Compounding Risk" above for an explanation of how this impacts performance
Litecoin (LTC) is similar to Bitcoin in many of its characteristics and is also one of the more veteran cryptocurrencies out there. However, there are two main differences between Litecoin and Bitcoin: Speed and amount. While it takes 10 minutes to create a Bitcoin block, Litecoin demands roughly 2.5 minutes to create a block – meaning 4 times the speed. Moreover, Litecoin attracts many users, as it can produce 4 times the quantity of Bitcoin! However, as Litecoin uses highly complex cryptography, often mining it is more complicated than other cryptocurrencies.
•	Active Management Risk — The performance of actively managed funds reflects, in part, the ability of ProShare Advisors to select investments and make investment decisions that are suited to achieving the Fund's investment objective. ProShare Advisors' judgments about the Fund's investments may prove to be incorrect. If the investments selected and strategies employed by ProShare Advisors fail to produce the intended results, the Fund may not achieve its investment objective and could underperform other funds with a similar investment objective and/or strategies.
•	Bitcoin is available for trading 24-hours a day globally and, as such, the price of bitcoin may change dramatically when the market for bitcoin futures contracts is closed or when Fund shares are not available for trading on the Exchange. The price of bitcoin may change dramatically at times when investors are unable to buy or sell Fund shares.
If a shareholder is eligible for the benefits of a tax treaty, any effectively connected income or gain will generally be subject to U.S. federal income tax on a net basis only if it is also attributable to a permanent establishment maintained by the shareholder in the United States. More generally, foreign shareholders who are residents in a country with an income tax treaty with the United States may obtain different tax results than those described herein, and are urged to consult their tax advisors.
general obligations of the issuer and are typically guaranteed by such issuer. Despite this guarantee, such debt securities are subject to default, restructuring or changes to the terms of the debt to the detriment of security holders. Such an event impacting a security held by a Fund would likely have an adverse impact on the Fund's returns. Also, due to demand from other investors, certain types of these debt securities may be less accessible to the capital markets and may be difficult for a Fund to source. This may cause a Fund, at times, to pay a premium to obtain such securities for its own portfolio. For more information related to foreign sovereign, sub-sovereign and supranational securities, see "Foreign Securities" and "Exposure to Securities or Issuers in Specific Foreign Countries or Regions" above.
In addition, the Advisor, any of its affiliates or employees and the Funds have a policy not to enter into any agreement or other understanding—whether written or oral—under which brokerage transactions or remuneration are directed to a broker to pay for distribution of a Fund's shares. The table below sets forth the brokerage commissions paid by each Fund for the period noted for each Fund. Because each of the New Funds was not operational at the end of the Trust's last fiscal year, information on brokerage commissions paid by the Fund is not included in this SAI.
Under normal market conditions, each Fund intends to invest substantially all of its assets in Benchmark Futures Contracts. The contractual obligations of a buyer or seller holding a futures contract to expiration may be satisfied by settling in cash as designated in the contract specifications. Alternatively, futures contracts may be closed out prior to expiration by making an offsetting sale or purchase of an identical futures contract on the same or linked exchange before the designated date of settlement. Once this date is reached, the futures contract "expires." The Funds do not intend to hold bitcoin futures contracts through expiration, but instead to "roll" their respective positions. "Rolling" refers to a process whereby futures contracts nearing expiration are closed out and replaced with an identical futures contract with a later expiration date. Accordingly, the Funds are subjects to risks related to rolling.
For example, you can enter a Bitcoin futures contract with Mortimer Duke saying that you will sell him 1 BTC on March 30, 2018, for the price of 5,000 USD per BTC. (In the actual CME futures contracts, the limit for one contract is 5 BTC, but we will stick with 1 BTC now for the purposes of easy explanation.) You enter into this contract on an exchange like CME.
Given the economic and environmental concerns associated with mining, various "minerless" cryptocurrencies are undergoing active development.[40][41] Unlike conventional blockchains, some directed acyclic graph cryptocurrencies utilise a pay-it-forward system, whereby each account performs minimally heavy computations on two previous transactions to verify. Other cryptocurrencies like Nano utilise a block-lattice structure whereby each individual account has its own blockchain. With each account controlling its own transactions, no traditional proof-of-work mining is required, allowing for feeless, instantaneous transactions.[42][better source needed]
The only way that new Bitcoin can be created is through a process called "mining." Bitcoin mining occurs when users process transactional data into "blocks" and then add them to the blockchain. As payment for this service, miners are awarded specific amounts of new Bitcoin. Upon its launch, the maximum supply of Bitcoin was predetermined to be 21 million.
NYSs (or "direct shares") are foreign stocks denominated in U.S. dollars and traded on American exchanges without being converted into ADRs. These stocks come from countries that do not restrict the trading of their stocks on other nations' exchanges. Each Fund may also invest in ordinary shares of foreign issuers traded directly on U.S. exchanges.
Over the past several years, a number of Bitcoin Exchanges have been closed due to fraud, failure, security breaches or governmental regulations. The nature of the assets held at Bitcoin Exchanges make them appealing targets for hackers and a number of Bitcoin Exchanges have been victims of cybercrimes. In many of these instances, the customers of such Bitcoin Exchanges were not compensated or made whole for the partial or complete losses of their account balances in such Bitcoin Exchanges. No Bitcoin Exchange is immune from these risks but the existence of these risks has created a higher barrier of entry for new Bitcoin Exchanges. The loss of confidence in new and smaller Bitcoin Exchanges and in the Bitcoin Exchange Market overall can slow down the mass adoption of bitcoin. Further, the failure of the Bitcoin Exchange Market or any other major component of the overall bitcoin ecosystem can have consequences for the Bitcoin Network, have an adverse effect on the price of bitcoin and could have a negative impact on the Bitcoin Instruments in which certain of the Funds invest.
For purposes of the diversification test described in subparagraph (b) above, the term "outstanding voting securities of such issuer" will include the equity securities of a qualified publicly traded partnership. Also, for purposes of the diversification test in (b) above, the identification of the issuer (or, in some cases, issuers) of a particular Fund investment can depend on the terms and conditions of that investment. In some cases, identification of the issuer (or issuers) is uncertain under current law, and an adverse determination or future guidance by the IRS with respect to issuer identification for a particular type of investment may adversely affect the Fund's ability to meet the diversification test in (b) above.
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Frisking a Person for a Weapon When a State Allows Carrying a Concealed Weapon with a Permit
Posted on Mar. 8, 2016, 11:23 am by Bob Farb
Sometimes a legislature enacts a statute that has consequences beyond the direct impact of the statute's provisions. West Virginia's statute allowing the carrying of a concealed weapon with a permit may be such an example, based on the February 23, 2016, ruling of the Fourth Circuit Court of Appeals in United States v. Robinson. The court ruled that a West Virginia officer did not have reasonable suspicion to conduct a frisk because there was insufficient evidence of dangerousness, relying in part on a person's right in West Virginia to carry a concealed weapon with a permit. And this ruling may impact cases in other states, such as North Carolina, that have a statute similar, although not identical, to West Virginia's. This post discusses this ruling and its potential impact in North Carolina state courts.
Fourth Circuit cases as binding precedent in North Carolina state courts. Before discussing this case, a reminder that Fourth Circuit rulings on federal constitutional issues, such as the Fourth Amendment's seizure and search provisions, are not binding on state courts. However, Fourth Circuit opinions are given some weight by North Carolina's appellate courts in ruling on undecided issues. In addition, the opinions are of particular interest to law enforcement officers whose cases are prosecuted in federal district court (typically drug and firearm violations) and to North Carolina defense lawyers who practice in these courts.
Brief review of stop and frisk. The United States Supreme Court has ruled that officers may frisk a person when (1) they are confronting the person for a legitimate reason and (2) they have a reasonable suspicion that the person is armed and presents a threat to their safety or the safety of others. If these conditions are satisfied, a frisk may be conducted even if officers do not additionally have cause to believe that the person is involved in criminal activity.
Although a frisk often follows an investigative stop that is supported by reasonable suspicion that a person has committed, is committing, or is about to commit a crime, the grounds for a frisk must be considered independently of the grounds for a stop. Generally a frisk is not automatically justified solely by the right to stop someone.
A stop focuses on the apparent commission or imminent commission of a crime, and a frisk focuses on a person's apparent dangerousness. However, courts permit officers automatically—that is, without reasonable suspicion or other justification—to frisk a person who they reasonably suspect has committed a violent crime (such as robbery, homicide, or assault) or a crime associated with violence and the possession of weapons (such as the sale of drugs).
For a fuller discussion of stop and frisk, including footnotes with supporting case law, see pages 229-31 of Arrest, Search, and Investigation (4th ed. 2011).
Facts in Robinson. An extensive summary of Robinson is available here. A somewhat abbreviated version is as follows. An anonymous caller saw the defendant in a vehicle in a parking lot loading a firearm and concealing it in his pocket. An officer responding to the dispatch of this information stopped the vehicle shortly after it left the parking lot because neither the driver nor the defendant, a passenger, were wearing seatbelts, a violation of West Virginia law. The officer frisked the defendant for weapons, discovering a firearm in the defendant's pants pocket. The defendant, a convicted felon (which was not known by the officer until after the frisk), was prosecuted in federal district court for possessing the firearm. In the appeal of his conviction to the Fourth Circuit, the defendant did not contest the legality of the vehicle stop for the seat belt violations or that there was reasonable suspicion he was armed, but he did argue that there was not reasonable suspicion that he was dangerous.
Frisking for weapons when public display of weapons and concealed carry are broadly permitted in West Virginia. The court said that if a state's law tightly regulated the concealed carry of firearms, permitting it only in rare cases, then a concealed gun remains a strong indication of criminal activity. In those circumstances, there is "precious little space" between armed and dangerous, and an officer may be justified in conducting a frisk with reasonable suspicion that a suspect is concealing a gun. But, the court noted, times have changed, and it decides this case against a different legal background. None of the conduct reported in the anonymous tip is currently illegal under West Virginia law, where it is legal to carry a gun in public and to carry a concealed weapon with a permit. And permits are relatively easy to obtain in West Virginia. So today in West Virginia there is no reason to think that public gun possession is unusual, or that a person carrying or concealing a weapon during a traffic stop is anything but a law-abiding citizen who poses no danger to law enforcement officers.
The court stated that as conduct once the province of lawbreakers becomes increasingly common place, courts must reevaluate what counts as suspicious or dangerous behavior concerning public possession of guns. In states like West Virginia, which broadly allow public possession of firearms, reasonable suspicion that a person is armed does not by itself support reasonable suspicion that the person is dangerous for frisking purposes.
Other states with somewhat different concealed carry statutes. The court noted that several states—though not West Virginia—have responded to the concern that recent developments concerning legal gun possession have made the work of law enforcement officers more dangerous as well as more difficult. These states have enacted "duty to inform" laws, which require those carrying concealed weapons to disclose that fact to law enforcement if they are stopped. The court listed statutes of five states, including North Carolina. N.C. G.S. 14-415.11, a violation of which is punishable as an infraction under G.S. 14-415.21(a), provides that a person must carry the concealed handgun permit with valid identification whenever the person is carrying a concealed handgun, and must disclose to an officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and must display both the permit and proper identification on an officer's request. Of particular relevance to North Carolina and the other states, the court then stated: "And where the police have reasonable suspicion that a person is armed, that person's failure to so inform the police, as required by law, may well give rise to a reasonable suspicion of dangerousness." So for North Carolina officers, the court has indicated that with the same facts as in Robinson a person's failure to inform an officer that he or she is armed may be sufficient to support a frisk for the weapon.
Court's conclusion and dissenting opinion. The court stated that even a lawfully possessed firearm can pose a threat to officer safety, so the court must consider whether a frisk was authorized in light not only of reasonable suspicion that the defendant was armed but also of the surrounding circumstances. The court rejected as insufficient reasonable suspicion of dangerousness the government's offer of two additional factors: (1) the defendant's failure to answer when the officer asked him if he had a gun; and (2) the defendant's presence in a high-crime area. As to factor (1), the court recognized under a different legal regime (i.e., the five states, including North Carolina, discussed above), different reasonable inferences could be drawn from a failure to answer an officer's question about a gun. As to factor (2), the court stated when public gun possession is legal, high-crime areas are precisely the setting in which we should expect to see law-abiding citizens carrying guns who present no threat to officers; there is more, not less reason to arm oneself lawfully for self-defense in a high-crime area. The court concluded that Terry did not authorize the officers to conduct a frisk of the defendant.
There was a dissenting opinion, which would have upheld the district court's denial of the suppression motion. It stated that the armed-and-dangerous appellation is a unitary concept, and no further evidence of dangerousness is required to justify a frisk once an officer reasonably suspects that a person who had been lawfully stopped for criminal activity or enforcement of traffic laws is armed.
What do we learn from Robinson? Given that this Fourth Circuit ruling is not binding on North Carolina state courts, we cannot be sure whether or how it will be applied in North Carolina state courts. And even if Robinson is completely adopted, the court's apparent recognition of a significant difference between the West Virginia statute and the concealed carry statutes of five states, including North Carolina, further may diminish the force of the ruling in North Carolina. However, predicting future legal developments is difficult, so Robinson may lead to changes in North Carolina state case law on a frisk or simply not be accepted as persuasive authority.
It must be remembered as the issues were presented in Robinson, there was a stop of a vehicle for a seat belt violation when the officer already had reasonable suspicion that a vehicle occupant was armed. On the other hand, an officer may stop or confront a person without already having reasonable suspicion the person is armed or dangerous. So the officer in a typical case must develop reasonable suspicion during the stop or confrontation, except when an officer stops and frisks a person involving a violent crime or one associated with violence, as I discussed earlier in this post in my brief review of stop and frisk.
Category: Search and Seizure, Uncategorized | Tags: armed and dangerous, concealed carry, firearms, fourth circuit, guns, investigative stop, reasonable suspicion, robinson, stop and frisk, terry stop
3 comments on "Frisking a Person for a Weapon When a State Allows Carrying a Concealed Weapon with a Permit"
J.C. Towler
Here's what the courts aren't getting and probably won't come around to understanding until it is scrawled in police officer's blood a few dozen times.
The law abiding concealed carrying citizen is likely no threat to the officer initially. But interactions with the police for things as innocuous as a traffic ticket or asking somebody to turn down their radio can quickly escalate to a charged emotional confrontation. We've all see the video of the Maine State trooper and the incensed motorist. It's not difficult to imagine a different outcome if that guy had been armed.
North Carolina at least attempts to strike a balance by compelling concealed carriers to identify that they are armed when approached by a police officer. In the Robinson case the officer did, in fact, ask the individual if they were armed and the individual gave the officer a "weird look". I'd say that in and of itself – the officer having reason to believe that the subject is armed and the subject refusing to acknowledge that they have a weapon – gives the officer reason to be concerned for his safety. "Why isn't he telling me he has a gun?" Only two answers jump to mind: he either means to harm me or he shouldn't have the gun in the first place.
The Terry law was a equitable way to balance people's rights with officer's safety. I'm sorry the 4th Circuit decided they needed to muck around with it.
I agree completely with your assessment. This is a bad ruling, and honestly if appealed to the Supreme Court I'm a bit worried about the way it would be decided given the current makeup of the court, and the unknown about who is going to be seated on the bench in the future.
To me, failure to acknowledge the weapon indicates the intent for harm or dangerousness, and this officer did the right thing by frisking the person. If they'd been legally permitted to carry it, they would have acknowledged it. It's that simple.
This ruling absolutely terrifies me. Officers reasonably believed the subject to be armed based on the tip, and lawfully stopped the vehicle. A lawful permit holder, or someone legally carrying concealed, would have notified the officer of the weapon immediately upon being stopped, so failure to do so already would provide suspicions of intent for illegal conduct which would include illegal use of the firearm. The officers would then be reasonable to assume that this person who is suspected of having a firearm is indeed dangerous.
I'll frisk that person every day of the week before I become a name on the ODMP.


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Michael Camuñez
Michael Camuñez is a Senior Advisor with Connect Frontier LLC. He has nearly three decades of experience as a senior executive and advocate advising companies working in global markets.
Camuñez is President and CEO of Monarch Global Strategies LLC, a bi-national consulting firm providing strategic advice and advocacy to companies doing business in Mexico and Latin America. Previously, Camuñez served as Assistant Secretary of Commerce at the International Trade Administration, where he managed a global portfolio to help lead the U.S. government's efforts to open new markets for U.S. goods and services. In this role, he visited more than 30 countries to advance U.S. trade and economic policy, helping to expand market access for U.S. industry. He was the chief architect of the U.S.-Mexico High Level Economic Dialogue, which he proposed, coordinated, and later helped launch during President Obama's visit to Mexico in 2013. Concurrently, Camuñez was appointed as the President's representative on international economic issues to the U.S. Helsinki Commission, managing the economic dimension of U.S. engagement with the Organization for Security and Cooperation in Europe. Prior to that, Camuñez served as Special Counsel to the President in the Office of the White House Counsel. He is a former equity partner of the global law firm O'Melveny & Myers LLP and of Manatt, Phelps & Phillips LLP.
Camuñez is a Director of Edison International (NYSE: EIX) and Southern California Edison and is an Independent Director of the American Funds, one of the nation's largest families of mutual funds managed by the Capital Group. He is also a Trustee of the David and Lucile Packard Foundation and of the Stanford University Board of Trustees. Additionally, Camuñez is a Director of the Pacific Council on International Policy, the U.S.-Mexico Business Association (AEM), and the Center for Law & Social Policy. He is a Life Member of the Council on Foreign Relations and a Venture Partner of Ridge-Lane Ltd. Camuñez received an A.B. from Harvard College and a J.D. from Stanford Law School.


The intake system can play a significant role in improving the feed water quality and ultimately influence the performance of downstream components of the seawater reverse osmosis desalination processes. In most cases, open-ocean intakes produce poor feed water quality in terms of the abundance of naturally occurring organic matter, which increases the risk of membrane fouling. An alternative intake is the subsurface system, which is based on the riverbank filtration concept that provides natural filtration and biological treatment of the feed water prior to the entry of the water into the desalination plant. The use of subsurface intakes normally improves the raw water quality by reducing suspended solids, algae, bacterial, and dissolved organic carbon concentrations. Therefore, the risk of biofouling caused by these substances can be reduced by implementing the appropriate type of intake system. The use of well intake systems was investigated along the Red Sea shoreline of Saudi Arabia in the Jeddah region. Data were collected from a seawater reverse osmosis (SWRO) plant with a capacity of 10,000 m3/d. The well system produces feed water from an artificial-fill peninsula that was constructed atop of the seabed. Ten wells have been constructed on the peninsula for extracting raw seawater. Water samples were collected from nearby surface seawater as a reference and from selected individual wells. The percentage of algae and bacterial removal by induced filtration process was evaluated by comparison of the seawater concentrations with the well discharges. Transparent exopolymer particles and organic carbon fractions reduction was also measured. The quality of raw water extracted from the well systems was highly improved compared with the raw seawater source. It was observed that algae were virtually 100% removed and the bacterial concentration was significantly removed by the aquifer matrix. The detailed analysis of organic carbon fraction using liquid chromatography-organic carbon detection instrument showed a high-percentage removal of the organic fractions consummate with the molecular weight. The results of this study can be used to improve the intake system design of existing SWRO facilities that might require expansion in future or new facilities that will be located along the Red Sea coastline. © 2014 © 2014 Balaban Desalination Publications. All rights reserved.


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Search » All » Law » Torts (Canada)
Torts (Canada)
Rylands v. Fletcher the person, who for his own purposes bring on his land and collects and keeps there anything likely to do mischief if it escapes is answerable for all the damage which is the natural consequence of its escape
Defences to strict liability (5) consent of the plaintiff; default of the plaintiff; act of god; deliberate act of a 3rd person; legislative authority
Ontario Limited v. Sagaz the distinction between an employee and a contractor is the degree of control the employer has
Bazley v. Curry the test for vicarious liability should focus on whether the employer's enterprise materially increased the risk of the harm incurred
Jacobi v. Griffiths vicarious liability should ask whether the tortfeasor was carrying out his employment at the time of the tort
Donaghue v. Stevenson you have a duty of care to your neighbour against foreseeable damage resulting from your actions
Cooper v. Hobart the test for duty is (1) foreseeability and proximity (2) no policy negation
Hill v. Hamilton-Wentworth the test for breach of duty is how the reasonable person in the circumstances would have acted
Bourhill v. Young there must be foreseeability of plaintiff for liability in negligence
Dobson v. Dobson a mother is not liable in negligence for injuries to her unborn child
Horsley v. MacLaren there is generally no duty to rescue unless you cause the danger. if a 3rd person causes someone to be in danger and you have to rescue, you can sue the 3rd person
Jordan House v. Menow there is a duty of care in a commercial relationship involving damages occurring as a result of intoxication and ejection in a manner known to be unsafe
Childs v. Desormeaux there is no duty of care for a social host in a private party setting to monitor and control the intoxication and actions of guests
Oke v. Weide Transport if the defendant participated in the creation of a hazard, he will have a duty of care to third parties
Zelenko v. Gimbel Bros if a defendant undertakes a task, he must not omit what an ordinary person would do in performing it
O'Rourke v. Schacht the police have a greater standard of care t the public arising from statute and common law
What are the 5 types of relationship that require rescue? economic benefit; control/supervision; creation of a dangerous situation; reliance; statutory duties
Bolton v. Stone the test for standard of care is whether the risk of damage to a person was so small that a reasonable man would have thought it too petty
Vaughan v. Menlove the test for standard of care is objective
Blyth v. Birmingham Water Works negligence cannot be found where an accident occurs as a result of actions that match up to the reasonable person standard
Waldick v. Malcolm unreasonable customs will not negate a standard of care
R. v. Saskatchewan Wheat Pool statutory breach may be indicative of negligence, but not conclusive
Gorris v. Scott in order for negligence to be found in breach of statute, the damage complained of must be the damage sought to be eliminated by the statute in question
Ryan v. Victoria a party acting under statutory authority must still take precautions as are reasonable within the range of authority to minimize risks
Heisler v. Moke the test for negligence of a child is subjective and asks what the reasonable child of his age, intelligence and experience could be expected for do and foresee under the circumstances
Fiala v. Cechmanek in order to be relieved of liability due to sudden mental illness, it must be shown BOP that as a result of the mental illness, the defendant had no capacity or had no meaningful control over his actions
Challand v. Bell the test for medical negligence is that 1) the surgeon undertakes that he possesses the skill, knowledge and judgment of the average doctor, 2) regard is given to specialty, 3) if the decision was the result of exercising the average standard
Reibl v. Hughes the court should consider objectively how far the balance in the risks of surgery or no surgery is in favour of undergoing surgery. there is a subjective element as well
Brenner v. Gregory in order for a lawyer to be liable in damages it must be shown that the error or ignorance was such that an ordinarily competent lawyer would not have made or shown it
Kauffman v. TTC there must be causation for negligence
Athey v. Leonati the crumbling skull rule; a defendant may be found fully liable for contributing to an injury if the other cause was not tortious
Wakelin v. The London & SW RWY the onus is on the plaintiff to prove the negligence of the defendant
Byrne v. Boadle the res ipsa loquitor doctrine establishes prima facie evidence of negligence
Fontaine v. ICBC res ipsa loquitor is no longer a valid doctrine
Leaman v. Rea in the absence of any evidence enabling the court to draw a distinction between the parties, they must be held both and equally to blame
Snell v. Farrell the ultimate burden remains with the plaintiff, but in the absence of evidence to the contrary adduced by the defendant, in inference of causation can be made
Walker Estate v. York Finch General Hospital there are exceptions to the but-for test where the test is impossible or inappropriate, the exception is the material contribution test
Resurfice Corp v. Hanke the material contribution test can be used in alternative to the but-for test if it is impossible to use the but-for test and there is clearly a breach of duty of care
Cook v. Lewis where both parties were negligence, but it cannot be made out which one caused the injury, both shall be held liable
Fairchild v. Glenhaven Funeral Services Where there is a sufficiently weighty reason to do so, and it's plain and obvious, the but for test will be relaxed
Sindell v. Abbott Laboratories AMERICAN manufacturers of fungible goods can be held liable for their market share even if there wasn't a direct connection between the specific company and the plaintiff
Wagon Mound 1 the test for remoteness is whether the defendant could foresee the possibility of the accident
Wagon Mound2 the test for remoteness is whether there was a real risk that would occur to the reasonable man
Hughes v. Lord Advocate in order to be liable, a defendant doesn't need to foresee the details of an accident, just that an accident may occur
Palsgraf v. Long Island Railroad there must be proximate cause for liability in negligence, determined case by case with reference to factors like time and space
Smith v. Leech Brain Co the question is not whether the defendant could foresee the extent of the injury, but the injury itself
Mustapha v. Culligan the test is whether the defendant could reasonably foresee injury to a person of ordinary fortitude
Wieland v. Cyril Lord Carpets the original defendant may be liable for secondary accidents as a result of the first injury
McKew v. Holland an original defendant can be held liable for secondary accidents so long as the plaintiff was not acting unreasonably
Harris v. TTC and Miller a defendant can be found to be partially liable where the injury is cased by the plaintiff's negligence and foreseeable by the defendant and the duty to prevent it was not discharged
Ives v. Clare Brothers defendants can be held jointly liable when they are both negligent down the chain in their dealings with the plaintiff
Hollis v. Dow Corning Corp the ultimate duty of the manufacturer is to warn the plaintiff adequately, which may be discharged by warning an informed intermediary
Butterfield v. Forrester the last chance rule is that the person with the last chance to avoid the accident is liable for it if he was also acting negligently
Galaske v. O'Donnell a driver has a duty to ensure that child passengers are wearing their seatbelts
Hambley v. Shepley there is not a relationship of voluntary assumption of risk between a policeman and any member of society
Hall v. Hebert in some cases, the court may deny recovery based on the unlawfulness of the plaintiff's conduct
British Columbia v. Zastowny the court can deny recovery when the unlawful conduct of the plaintiff would make recovery inconsistent with the principles of the justice system
Garratt v. Dailey intent requires either a desire to bring about consequences or a knowledge with substantial certainty that the consequences will arise from the action
Tillander v. Gosselin in order for there to be an intentional tort, there must be capacity to understand the nature and consequences of the action
Lawson v. Wellesley Hospital no tort without capacity
Smith v. Stone an act must be voluntary for it to be a tort
Betel v. Yim the intentional wrongdoer is liable for all consequences of his action
Goshen v. Larin injuries sustained from accidents that are not negligent are not torts
Cole v. Turner battery must be physical, can be to the body or things closely connected to the body, and must be harmful or offensive
Carnes v. Thompson the doctrine of transferred intent occurs when a different person is hit than intended or a different tort occurs
Tuberville v. Savage the intention as well as the conduct make the tort of assault
Stephens v. Myers the threat must be imminent and there must be means of carrying it out
Mainland Sawmills the plaintiff must reasonably believe that he is in danger of violence
I Des v. W Des harm is not required for an assault
Bruce v. Dyer there doesn't need to be an actual intention to use violence or even the power to do so; it's enough if the plaintiff has reasonable grounds to believe that he is danger of it
Bazley v. Clarkson mistake is no excuse. all the intent required for trespass to land is that the defendant intends to make contact with the land
Entick v. Carrington if the defendant can't show legal authority, it's trespass
Atlantic Aviation v. NS Power trepass cannot be established where there is no direct interference with the land
R. v. Burko it is not trepass when there is an implied right to be on the land for some reason
Roth v. Roth there is an actionable tort of invasion of privacy that is not contingent upon trespass to proprietary rights. it's a substantial intrusion that the reasonable person would find offensive or intolerable
Wilkinson v. Downton the test for infliction of mental suffering is outrageous conduct for the purpose of causing harm, and does cause harm
Pugliese v. NCC balance right of neighbours. nuisance is only actionable in cases outside the ordinary scope, where the harm or risk is greater than one should be required to bear
Appleby v. Tobacco injunctions should be granted where it's unreasonable for the plaintiff to endure the nuisance regardless of monetary damages
Nor Video enjoyment of the land can include recreation
Russell Transport 1) severity of the interference, 2) character of the neighbourhood, 3) utility of the defendant's conduct 4) sensitivity of the plaintiff
Renyan v. Antonenko legal authority will depend on circumstances and relevant statutes
Bird v. Holbrook some anti-trespass devices are unreasonable if they are meant to maim or harm people
Green v. Goddard one must ask a trespasser to leave before one can use force
O'Brien v. Cunard consent, whether explicit or implied by overt actions negates a tort
Norberg v. Wynrub consent requires free will and freedom from any threat
Marshall v. Curry there is no tort in emergency medical action in which informed consent cannot be reasonably granted
Malette v. Schulman there is battery in the violation of the express wishes of a medical patient, even in the case of a medical emergency where informed consent cannot be obtained if there is a prior decision that has been communicated to the doctor
Vincent v. Lake Eerie necessity is only a defense when there are no other viable options open
Dwyer v. Staunton private mischief shall be endured over public inconvenience
Cockroft v. Smith force used in self defense must be reasonable and proportionate to the force the defendant is threatened with
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First Bouldering Gym in the ...
Finger Numbness
First Bouldering Gym in the Caribbean Opens
Amid Puerto Rico's Efforts to Revamp its Economy Post-Hurricane Maria, Bryant Huffman works to give the community an outlet.
by Emma Crow-Willard August 9, 2019
After Hurricane Maria struck in September, 2017, the already suffering economy of Puerto Rico underwent a steep decline. Workers lost their jobs and businesses closed. Despite tax incentives encouraging businesses to open in Puerto Rico, the latest Census Bureau data suggests more than 120,000 people have left the island since 2017, nearly 4% of the population.
Amidst the closing of businesses and unprecedented migration of Puerto Ricans to the States, local climber Bryant Huffman, 40, saw the climbing community continue to grow. Prior to Maria, Huffman had been giving donation-based workshops since 2011 to teach the community about climbing. In 2014 Huffman started Climbing PR, a company that provides climbing courses and guided climbing trips around the island.
But Huffman's real dream was to build a climbing gym.
"After Maria," said Huffman, "a lot of people were looking for a change in way of life and there weren't a lot of options where you can get together with the community and hang out in a healthy environment, it's a good lifestyle."
Immediately following the hurricane, Huffman, along with a group of fellow climbers, put their climbing skills to use removing felled trees, clearing debris, and climbing into tough spots to help people in need. Community groups took steps towards self-sufficiency by building microgrids. Entrepreneurs began popping up and communities worked together to rebuild.
Meanwhile, Huffman kept getting messages about climbing from the community. Once the basic needs–communication and electricity–were back up, Huffman decided it was time to realize his own dream and support his community in his own way. While Maria had been a big hit to his savings, Huffman managed to get a few more movies, where he worked as an onset dresser, and work as a tree climber, removing debris from roads, which gave him enough funds to go all in on building the island's only climbing gym.
It's been seven years since Huffman started building his gym. "Every year, I worked a little on the dream, only to be shut down by the immensity of the project," he said. In March, 2018 he attended the Climbing Wall Association summit in Colorado, and that helped seal the deal. "I was all by myself, and all the conversations were about millions of dollars. I felt like a guppy in a shark tank and almost quit. I came back and realized that our reality is different, and that if I was going to do it, it would have to be the 'grass roots' way."
Huffman found the space in August 2018, and the rest is history. He had a soft opening in February before the mattresses were installed and over 100 people came out. "There was no desk, no floors, no seats, no stage, no nothing, and they were psyched!" says Jorge Lassus, Huffman's right-hand and co-owner of Climbing PR. "We sold the El Bloque t-shirts for the pre-opening. It was so weird that day," said Huffman. "There were people with the shirts on, climbing, and we were like, wtf is going on? People I had never seen before! And normally I thought that the climbers were just my friends and that's it, but it was a lot of people who had never climbed before, and they came to see what it was all about, and their eyes were like WIDE!"
After getting the foam in place, all that was left to do was add the covers. Photo: Emma Crow-Willard
But getting there wasn't easy. Finding a good location was the first challenge. "A lot of places you'd find were full of concrete columns, didn't have the height, or the location didn't work. It was a challenge to find all the needs for the space at the right price." Even once they found the perfect spot, in Hato Rey, near the business district, a metro stop, and two universities, they had to clean it, paint the ceilings, seal the roof and remove steel bars from the windows. "It's been a labor of love," said Huffman. All of the wooden holds are home made. The hang boards. The bathroom walls. The benches and shelves on the walls. They ordered foam padding from the Dominican Republic and had to figure out how to stick it all together.
"This will take the Puerto Rican climbing community to a whole new level, which is something we needed a long time ago. El Bloque will be like a school for a lot of people in Puerto Rico that will go off and get into the sport. And now the weekend warriors can add a little to their regimen."
The gym offers 5,000 square feet of climbing and training, including yoga and physical training classes, a space for weightlifting, hang boards, a community area that can double as a stage for concerts and talks, a lounge, and over 2,000 square feet of bouldering space, set up in five sections which they'll rotate monthly. The 'natural' routes, made of wooden holds, will not be rated, to give the climber the sense of climbing outdoors, work their visualization, test their abilities, and let them learn how rating systems work. The big garage door opens up to the outside where they'll host food trucks for events. It's a real bouldering gym, made by real climbers. And it's going to satiate the thirst of the hundreds (and growing) of climbers on the island.
"Knowing that I put in the work, built a hub for the community, a place where people can gather, exchange ideas, learn to climb, and have fun … it feels like a dream to have achieved it," said Huffman, smiling at his work.
El Bloque officially opened its doors to the public on Saturday July 27th, making it the first bouldering gym in the Caribbean!
Bryant Huffman and Jorge Lassus stand outside the front doors of the new gym in San Juan, Puerto Rico. Photo: Emma Crow-Willard
Feature Image by Manuel Velez
Tokyo's Fairytale Climbing Gym
Emma Crow-Willard
"The first impression I had was that if I fell, the rope would ...
Libby Sauter and Matt Othmer December 3, 2019
Since our publication of this article in Gym Climber, an opening date of November ...
Alison Osius November 21, 2019
One of Europe's largest indoor climbing facilities resides in a diabase quarry. On warm ...
Delaney Miller October 22, 2019


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The Mojave Experiment
HomeBlogNewsThe Mojave Experiment
August 7, 2008 Patrick Hester Mac, marketing, os, pc, perception, Publisher, Vista 0 Comments
Someone sent me a link to the Mojave Experiment: http://www.mojaveexperiment.com/
This is amusing, and good marketing on their part.
Unfortunately, if you're smart enough to realize it – there's a huge hole in this campaign – they are showing Vista on a Vista compliant and ready computer.
Vista looks and acts great as an OS, if you have the right hardware and system resources to support it.
Sadly, most people don't. And the cost of upgrading their hardware to a point that will support the bare system requirements are, for most Windows users, a gigantic brick wall that they can't see themselves getting past. I'm not saying that the individual user is right in that thinking (I know they're not and are being stupid), but it is how they think and that is what Microsoft needs to combat – that perception of cost and value, not how cool their OS is or isn't, or what's being said about it. If they can change that perception of value not cost, the rest of it will fall in line.
So, while this is clever advertising and marketing I don't think it's going to result in what they want it to – which is people upgrading their computers and operating systems to Vista compliance. This stems from a fundamental mindset put forth by Microsoft in the first place that is kicking them in the ass now – backwards compatibility and the freedom to choose every piece of hardware that goes into your machine from a myriad of sources who all offer a dozen different version of the same basic component, all of which require drivers, support, etc and so on. It's a mega-beast of an industry and slower than a juggernaut when it comes to shifting course or changing the way 'it's always been done'. Also, it's resulted in Windows -having- to be a bloated resource hog to support all that crap.
Microsoft got to the top using this philosophy and making tons of deals with tons of manufacturers – they built an industry and kudos to them for it, but there has been a steady shift away from that sort of thinking for the last decade and they made a strategic decision internally, whether driven by Bill or by their board or whoever, to take a 'wait and see' attitude to it. In the interim, they made no innovations, no strides forward as they had in the past – the very things which defined them as a leader and got them to the top in the first place.
In the past thirty odd years, have they ripped off other peoples ideas and concepts? Of course they have – Vista itself is a direct response to OS9 and X from Mac and the new Leopard OS – all of which have had the 'bells and whistles' of Vista for five years now or more. Has that 'theft of concept' helped Microsoft? Yes. And they've gotten away with it each time or they've simply bought the company complaining about them and the matter was settled that way – whatever, more power to them.
But their strangle hold on the market place has been slipping and no one can deny that. They crushed Netscape with Internet Explorer – winning the browser wars through attrition, now they've lost nearly 20% of the browser market to Firefox (http://marketshare.hitslink.com/report.aspx?qprid=0&qptimeframe=Q&qpsp=37) depending on where you look – some estimates have Firefox at 30% saturation or more. What happened?
Apple has jumped again into the personal computer market – something once dominated by windows based pcs. Last March, the NPD Group reported that Apple's retail market share — its cut of the computers sold in brick-and-mortar stores — had climbed to 14%, a figure that's roughly double its overall share of the U.S. market and reflects the power of the Apple Store to draw customers and move product. But what didn't get hyped was Apple's ability to sell computers over $1000, something PC's only accomplish with High End Gaming platforms and the occasional graphics professional – In January 2006, Apple sat at 18% of this 'high end market', but by September 2007, they'd skyrocketed to 57% and in the first quarter of 2008 they were at 66%!
Why? What's different? Why can Apple convince 'normal' people to spend $1000-$2500 on a computer when Microsoft and PC vendors can't?
It goes back to that model I talked about above – the perceptions Microsoft has fostered, the ones that used to serve them well but are now outdated. Apple's OS work so well because they intentionally limit the hardware that goes into each machine – you don't have a dozen choices, or two dozen or three dozen – you have 2. Maybe 3. Graphics card: you have the one that will work, a better one for gaming and a high end card for gaming and graphics design. That's it!
And users pay for it. Not only do they pay for it, when a new product comes out or a new OS is launched, they sell their old stuff or donate them to schools – whatever they can do, and they go out and buy the new thing. It's a different mindset and a different culture and, unfortunately for Microsoft – it's growing. Imagine if you ditched your computer each time a new version of Windows came out! Can you? Could anyone? Ditch that computer and get a new one. That concept is so foreign to the typical Windows user that I can't imagine them accepting such a concept any time soon. Hell, Corporations still have ancient computers in the field with their sales people – you're going to tell them that each and everyone of those computers needs to be upgraded to Vista? They'll stroke out – the economy will collapse so fast no one will see it til it's too late.
Apple has been very slowly changing people's perceptions on what they can and can't afford. It's a slow marketing technique that's been on a the back burner for so long now that most people don't realize that it's even there. They donate computers to schools, have done so since its inception. People are going off to college and are being exposed to Apple computers for their college careers and when they graduate, they purchase Apple stuff because it's what they've become used to – when you become used to something, you don't want to change to something else. Sound familiar? It's what Microsoft did initially with Windows and Internet Explorer – it was there, so people used them and became used to it.
Now, Apple's version of that same plan is seeping in. It's a slow, simmering marketing technique that's only now really starting to pay off for them.
On top of that, Apple products are becoming perceived as elite items – it's cooler to have a Mac, it shows intellect and style – it doesn't -really- but that's the perception that's been fostered over time and that's taken root in the consciousness of a certain breed of consumer – one that's growing in numbers each and every day – look at the lines and the mayhem associated with the launch of the iPhone 3G. Most people want the free phone when they sign up for a new cell plan, some folks upgrade to the Smart Phone, especially the person who works and needs their email and contacts in the palm of their hand – but the iPhone is answering that call too and so, more and more people are lining up for it. Trend or carefully orchestrated marketing to change peoples perceptions?
Microsoft's bread and butter (arguably) has always been the corporate IT environment. When Microsoft announces a new OS, the IT depts of the corporate world get excited but they are also pensive; they've been burned before, and burned badly. They had a lot of issues with XP that weren't solved with SP1 or acknowledged for a long time, which frustrated them to no end. So they took a 'wait and see' stance with Vista. That hurt MS more than anything else that could possible happen. If the IT guy doesn't like it, he makes that known and the users who usually don't know any better and go with whatever the IT dept tells them, immediately gets wary of the new OS and starts bad mouthing it to friends and family. Suddenly, there's a ton of information out there, some tru and most not, about how much the new OS sucks ass.
I know a company where the IT dept purchased tons of XP licenses so they could continue to wipe any new PC's purchased with Vista and put XP on them. That kind of thinking is what Microsoft really has to challenge and address – and so far, they aren't doing it.
Talk to an 'average computer user' who has actually seen a Mac, played with one, worked with one and they will tell you (most of the time) that they really enjoyed it. Ask if they'll buy one and you will usually get an answer like, "Oh – I'd love to buy a Mac, I just can't afford it right now." And that's the truth – most people can't afford to plunk down $1500 for a decent Mac, not when they can goto Sam's Club or Costco and pick up a knock off PC for $499. It's pure economics. But that $499 computer won't run Vista -well- and Microsoft hasn't come up with the marketing message that convinces that person to make the upgrade.
I think that Microsoft has to fall hard before they realize exactly what it's going to take to shift things again. If they don't, other companies and products are going to continue to erode at what was once a Microsoft dominated marketplace. The best thing that they could possibly do would be to start over and go back to their roots. Build a PC of their own, with choice parts that they meticulously pick and choose, and then develop and release a Single operating system for that PC along with all their other crap like Office – no more of this 'ten different versions of the same thing' bullshit that just confuses the marketplace ("Wait, I want Access – which version is that in? Oh – I don't want Publisher – is there one without Publisher? What the hell is 'Business Contact Manager'? I don't want that crap!"). They build that PC with the new OS that doesn't support any other crap hardware – they once again copy someone else's concept, and then they ditch everything that's come before.
In short, they start new and fresh. No backwards compatibility, no hundreds of sound cards, graphic cards, etc and so on – they draw a line in the computer sand and say "this is Windows moving forward, and in two years, you will sell this computer on Ebay and buy the new one we're already developing to improve on this concept."
That, would put them back on the top.
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Tags: Mac, marketing, os, pc, perception, Publisher, Vista
About Patrick Hester
Patrick Hester is a two-time Hugo Award winner, the author of INTO THE FIRE, book 1 of an urban fantasy series set in Denver, producer, host and co-founder of The Functional Nerds podcast, and the former host and producer of the SF Signal podcast.


The 53rd edition of the Wratislavia Cantans Festival is going to explore the idea of liberation. The festival commemorates the centenary of Poland's regained independence in a broader context. From 7–16 September, classical music lovers are in for a variety of works by Haydn, Verdi or Szymanowski in rendering from the celebrated conductor Sir John Eliot Gardiner and star soloists such as baritone Mariusz Kwiecień and soprano Sandrine Piau. Tickets are available in presale until 31 May.
"This year's guiding idea recurs in all of our events as liberation is an obvious reminder of Poland's regaining independence," admits Wratislavia Cantans Director General Andrzej Kosendiak. However, he goes on to add that the programme itself is far from obvious.
Wratislavia's Artistic Director Giovanni Antonini explains in a press release published before the announcement of the programme: "Our programme encourages reflection on independence and sovereignty. Do we really want to be free? What do we want to be liberated from? How committed are we to the idea of independence?"
This year's edition commences on 7 September at the National Forum of Music with a concerto rendering of Karol Szymanowski's opera King Roger. "The opera delves deep to represent an inner human conflict between the rational and the instincts," explains Andrzej Kosendiak.
Although Giovanni Antonini, a Milanese by birth and a proud resident of Palermo, knew very little about the Polish opera, he took an immediate interest in its Sicilian setting. "His idea of Sicilian history is totally different, but he enthused with Szymanowski as soon as he started to study his King Roger," admits Andrzej Kosendiak.
The vocal parts are going to feature the celebrated Metropolitan Opera baritone Mariusz Kwiecień and two wonderful tenors Arnold Rutkowski and Krystian Adam Krzeszowiak. The NFM Orchestra will be conducted by their former Artistic Director Jacek Kaspszyk.
The festival is going to conclude on 16 September at the NFM with liberation into eternity, or Giuseppe Verdi's Messa da Requiem. The audience are in for a stylish performance from the celebrated conductor Sir John Eliot Gardiner, who is going to showcase the project in three European cities, including Wrocław with the Orchestre Révolutionnaire et Romantique and the soloists.
This year's undisputed star performers include the vocal ensemble graindelavoix (9 September), the regular presence from Il Giardino Armonico, this time round with Paukenmesse by Joseph Haydn (featuring the great soprano Sandrine Piau and tenor Krystian Adam Krzeszowiak, 14 September) and the Ukrainian Dumka Choir (15 September).
The Wratislavia Cantans Festival will be held in a variety of venues across Wrocław, including the NFM, Holy Cross Church, St Elizabeth's Church, University Church and Oratorium Marianum, but also in other towns and cities in Lower Silesia (a detailed list to be announced shortly).


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What's New On Amazon Prime And Hulu Tonight: 'I Am Not Your Negro' + More
By Jade Budowski Twitter @jadebudowski Jun 8, 2017 at 6:00pm
photo: Everett Collection
Art of the Steal
Looking for something to watch tonight? Look no further. In addition to Decider's What To Watch recommendations for the evening — Newhart and 20th Century Women — here are all the brand new movies that were added to Netflix, Amazon Prime Video, Hulu, HBO Go, HBO Now, and more for today, Thursday, June 8, 2017.
For your evening watch, we can't recommend Oscar-nominated I Am Not Your Negro enough. The flooring documentary narrated by Samuel L. Jackson offers an insight into legendary black author and intellectual James Baldwin and carries an incredible amount of weight in today's political climate.
NEW ON AMAZON PRIME VIDEO
I Am Not Your Negro (2016): Director Raoul Peck envisions the book James Baldwin never finished, "Remember This House". It is a journey into black history that connects the Civil Rights movement to #BlackLivesMatter. It questions black representation in Hollywood and beyond.
STARS: Samuel L. Jackson
The Art of the Steal (2013): Renowned art thief and former daredevil Crunch Calhoun teams up with a motley crew of international grifters to pull off the most elaborate double-crossing caper of a lifetime.
GENRE: Comedy/Crime
STARS: Kurt Russell, Matt Dillon, Jay Baruchel
Daniel Tiger's Neighborhood: Tiger Family Trip (2017): A new animated continuation to Mr. Rogers' Neighborhood, where all the original characters are now grown up with their own preschool-aged children. It's time for a family road trip to see Grandpere! Join the Tiger Family as they sing and play games, enjoy a dinosaur themed playground, and explore a butterfly garden on their way to Grandpere's house.
GENRE: Children's/Family
STARS: Amariah Faulkner, Addison Holley, Jake Beale
ROTTEN TOMATOES: N/A
What Happened Last Night (2016): Two college students, Danny and Sarah, are strangers until they wake up together after a night of partying. Told in reverse time order, the story follows what happened the night before.
STARS: Amber Rose, Jake Thomas, Shelly Regner, Alix Kermes
None of these look appealing to you? Don't forget about Decider's What To Watch recommendations, which are sortable by genre, streaming service and even mood! Or check out what's new on streaming for the entire month of June on the following services:
What's New On Netflix: June 2017
What's New on Hulu: June 2017
What's New On Amazon Prime: June 2017
What's New On HBO: June 2017
What's New on Showtime: June 2017
What's New on Starz: June 2017
What's New on Shudder: June 2017
What's New on Sundance Now: June 2017
Watch I Am Not Your Negro On Amazon Prime Video


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TempoTest.Tests.SchedulerTest Class Reference

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void 	NestedAtomicTest ()

void 	UpdateableIsolation ()

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