text:
Terror by Quota
State Security from Lenin to Stalin (an Archival Study)
Paul R. Gregory
This original analysis of the workings of Soviet state security organs under Lenin and Stalin addresses a series of questions that have long resisted satisfactory answers. Why did political repression affect so many people, most of them ordinary citizens? Why did repression come in waves or cycles? Why were economic and petty crimes regarded as political crimes? What was the reason for relying on extra-judicial tribunals? And what motivated the extreme harshness of punishments, including the widespread use of the death penalty?
Through an approach that synthesizes history and economics, Paul Gregory develops systematic explanations for the way terror was applied, how terror agents were recruited, how they carried out their jobs, and how they were motivated. The book draws on extensive, recently opened archives of the Gulag administration, the Politburo, and state security agencies themselves to illuminate in new ways terror and repression in the Soviet Union as well as dictatorships in other times and places.
Paul Gregory is Cullen Distinguished Professor of Economics, University of Houston. As a research fellow at the Hoover Institution, he directs the Soviet Archives Working Group. He lives in Bellaire, TX.
"This book, the first to focus on the 'working arrangements' of security agencies under Stalin, unlocks a number of issues in Soviet history that have until now been classified as instances of the dictator's irrationality or excess."—Mark Harrison, University of Warwick
"The most significant contribution of this work is modeling, and the author's expertise as an economist shines here. This is an accomplishment few historians can match, an extraordinarily clear exposition of the workings of Stalin's power. "—Hiroaki Kuromiya, Indiana University
"In the vast and growing literature on Stalinism, this text stands out not only due to the extensive coverage of a complex subject matter but also due to its unique methodology. Paul Gregory applies the rational-choice paradigm to the policies, and, in particular, the infamous Great Terror of 1937-1938. This important study improves our understanding of dictatorship and broadens the scope of historical economic analysis in general."—Valery Lazarev, University of Houston and Hoover Institution
"An extraordinarily clear and interesting analysis of Stalin's terror."—Hiroaki Kuromiya, Indiana University, Bloomington
"This is an extremely informative and original study of Stalin's massive use of the organs of state security against members of the CPSU and Soviet citizens in the 1930s." —Jonathan Harris, The Russian Review
"His writing is clear and vivid and conveys much of the atmosphere of the period."—Lars T. Lih, Slavic Review
"Gregory presesnts a well-documented study of the terror in the Soviet Union under both Lenin and Stalin. . . . The book offers another window into the literature on legacies of the socialist period." —J. W. Peterson, Choice
"…perhaps the most impressive synthesis of the latest published research on Stalin's security police to date."—Iain Lauchlan, Revolutionary Russia
Also of Interest More from this Author Books from this Series
The Triumph of Provocation
Józef Mackiewicz; Translation by Jerzy Hauptmann, S. D.
The Soviet-Polish Peace of 1921 and the Creation of Interwar Europe
Jerzy Borzecki
Politics, Law, and Morality
Essays by V.S. Soloviev
Vladimir Soloviev; Edited and translated by Vladimir Wozniu
Stalin's Letters to Molotov
Josef Stalin; Edited by Lars T. Lih, Oleg V.
The Kremlin's Scholar
A Memoir of Soviet Politics Under Stalin and Khrushchev
Dmitrii Shepilov; Edited by Stephen V.
The Collapse of the Soviet Military
William E. Odom
The Lost Politburo Transcripts
From Collective Rule to Stalin's Dictatorship
Edited by Paul R. Gregory and Norman Naimark
Yale-Hoover Series on Authoritarian Regimes
Stalin and His Inner Circle
Oleg V. Khlevniuk; Translated by Nora Seligman Favorov
Guns and Rubles
The Defense Industry in the Stalinist State
Edited by Mark Harrison
Stalin's Reign of Terror
Jörg Baberowski; Translated by Steven Gilbert, Ivo Komljen,
Policing Stalin's Socialism
Repression and Social Order in the Soviet Union, 1924-1953
David R. Shearer
Propaganda State in Crisis
Soviet Ideology, Indoctrination, and Terror under Stalin, 1927-1941
David Brandenberger
History > Slavic Studies
Economics > Economic History


text:
The Diocese of Fredericton is a diocese of the Ecclesiastical Province of Canada of the Anglican Church of Canada. Established in 1845, its first bishop was John Medley, who served until his death on September 9, 1892. Its cathedral and diocesan offices are in Fredericton, New Brunswick, Canada.

Bishops
 1845–1892: John Medley; Metropolitan of Canada, 1879–1892
 1892–1907: Tully Kingdon
 1907–1938: John Richardson; Metropolitan of Canada, 1934–1938
 1939–1956: William Moorhead
 1957–1971: Henry O'Neil
 1971–1989: Harold Nutter; Metropolitan of Canada, 1980–1989
 1989–2000: George Lemmon
 2000–2003: Bill Hockin
 2003–2014: Claude Miller; Metropolitan of Canada, 2009–2014
 2014–present: David Edwards; Metropolitan of Canada, 2020–Present

Archdeacons

The following have served as archdeacons of the diocese:

Archdeacons of St. Andrews
 2001–2003: Geoffrey Hall
 2014–present: John Matheson

Archdeacons of Chatham
 2018–2020: Sandy MacPherson
 2020–present: Perry Cooper

Archdeacons of Fredericton
George Best held this post 1825–1829 in the Diocese of Nova Scotia, before the erection of Fredericton diocese; Best and Coster were archdeacons for all New Brunswick, and as such were also called Archdeacon of New Brunswick.
1829?: George Coster
in 1866, there was one archdeaconry and it was vacant
 1907–1932: Obadiah Newnham
 –2016: Patricia Drummond (formerly at New Bandon and subsequently at Woodstock)
 2017–2020: Wandlyn Snelgrove (formerly served as priest in Sussex)
 2020–present: Kevin Stockall

Archdeacons of Kingston and the Kennebecasis
 2002-2006: Richard McConnell
 2006-2015: David Barrett
 2015–present: Robert MarshArchdeacons of Moncton 2006-2014 Richard McConnell
 2014–present: Brent HamArchdeacons of Saint John 2016–2017: Stuart Allan
 2018–2022: Keith Osborne
 2022-present: Leo MartinArchdeacons of Woodstock 2014–2017: Patricia Drummond (acting)
 2018–2020: Roderick BlackDiocesan Archdeacons'''
 ?-2000: Harold Hazen
 1998-2003: Claude Miller
 2003-2014: Geoffrey Hall
 2014-present: Cathy Laskey

See also
Dean of Fredericton

References

Fredericton, Anglican Diocese of
Anglican church buildings in New Brunswick
Organizations based in Fredericton
Anglican Province of Canada

redpajama_set_name: RedPajamaWikipedia


Cape Town's frock fraternity flocks north next week for the Mercedes-Benz Fashion Week Joburg with the belief that a presence in the country's economic capital leads to business growth.
Event organiser African Fashion International has invited established Cape Town-based fashion designers Gavin Rajah and Kluk CGDT as well as upstarts Danielle Margaux to show their autumn/winter collections. The four-day parade in Hyde Park, Johannesburg, starts next Wednesday (March 7).
Design duo Malcolm Kluk and Christiaan Gabriel du Toit, who run their Kluk CGDT clothing studio on Bree Street in the inner-city, have shown in Johannesburg for the last ten years. They also run shop in that city.
Kluk said that working in Cape Town and Johannesburg has revealed invaluable insights into what it takes to crack the Gauteng market. It has also exposed contrasts between each city's fashion sensibilities.
"People are in a hurry in Johannesburg and they want things now. The sales volume in our Johannesburg shop is higher as women walk in and shop. In Cape Town, women prefer to take their time. We sell more bridal dresses at home," said Kluk.
Du Toit adds that their Gauteng clientele includes "a lot of self-employed executive women".
"They spend their own money. They come to a store and shop in Jimmy Choo (shoes). In Cape Town, women would keep their Choo for a special occasion. That's how our customers are different," he said.
Kluk said that showing in Johannesburg was also part of making sure that they were an "international brand".
"We've shown in Johannesburg and (as a result) have ambassador's wives who shop with us. We plan to open a shop in Pretoria as well because that is where most diplomats live. They can't take an hour or two out of their day to look for clothes. We need to be there for them," said Kluk.
He added that to maintain an appeal to wealthy clients – whether in Johannesburg or Cape Town – they produced only nine of each dress that they design for their shops.
"The lady who is the head of the bank doesn't want to walk into the boardroom and see another woman with the same dress on," explained Du Toit.
As a brand beyond borders, Kluk CGDT will show collections in Berlin, Moscow and Paris this year. They also will participate in a fashion event in Lagos, Nigeria, before showing in Johannesburg on Thursday night.
Marc Gooding, head of brands at House of Monatic clothing manufacturer in Salt River, said that Johannesburg's higher salaries, disposable income and power-dressing was good for the fashion business. Monatic will show its C-Squared Carducci men's formal wear next week.
"About 65% of our sales are in Gauteng. We would go out of business if we just made clothes for the Western Cape," said Gooding.
Gooding said that in Johannesburg designers were showing their clothes to an audience that "wants to be seen as being successful".
"They go out to a restaurant because it is the most prestigious place to be seen at. So when they go out after work they still want to make an impression," he said.
Danielle Margaux, a women's wear designer, launched her label three years ago and will show in Johannesburg for the first time this week. She wants to "create a personal relationship with clients in Johannesburg".
"It's a hub for business people and there's a huge fashion following. People have cash to buy our clothes. In Cape Town you have item buyers but in Johannesburg you have range buyers," said Margaux.
Margaux said that showing in Johannesburg could also lead to "more prospects overseas".
It seems that these Cape Town fashion designers have a tough sell ahead of them though. They are among 25 industry colleagues from across the country participating in 20 shows. Fashion designers from other cities include well-known Johannesburg-based David Tlale and Thula Sindi.


Rob Driessen and Waardewerk Partnership have moved! Our new location is the Amsterdam Olympic Stadium, a historical landmark designed by Jan Wils for the 1928 Olympic games. This iconic building fits in perfectly with my specialism of 20th century applied arts & design. Waardewerk feels right at home as well, since in this partnership Erik Paol and I focus on appraisals and advice in the field of art and cultural heritage.


text:
Court of Appeal for the Ninth Circuit2000
Harman v. Apfel
Harmanv.Apfel
United States Court of Appeals, Ninth CircuitFeb 17, 2000
211 F.3d 1172 (9th Cir. 2000)
Treichler v. Comm'r of Soc. Sec. Admin.
We begin by considering the legal framework for addressing Treichler's claims that the ALJ erred in making…
Root v. Astrue
However, the Ninth Circuit has put forth a "test for determining when [improperly rejected] evidence should…
3,113 Citing Cases
holding that the exercise of authority to remand for benefits "was intended to be discretionary and should be reviewed for abuse of discretion"
Summary of this case from Treichler v. Comm'r of Soc. Sec. Admin.
holding that the district court's decision whether to remand for further proceedings or payment of benefits is discretionary and is subject to review for abuse of discretion
Summary of this case from Theresa Q. v. Comm'r of Soc. Sec.
No. 98-35780
Argued and Submitted May 6, 1999, Portland, Oregon
Filed February 17, 2000 Amended May 4, 2000
Appeal from United States District Court for the District of Oregon, Robert E. Jones, District Judge, Presiding D.C. No. v. 97-06251-REJ
Tim Wilborn, Tucson, Arizona, for the plaintiff-appellant.
Victoria Blais, Assistant Regional Counsel, Social Security Administration, Seattle, Washington, for the defendant-appellee.
Before: William C. Canby, Jr. and Thomas G. Nelson, Circuit Judges, and Jeremy Fogel, District Judge.
The Honorable Jeremy Fogel, United States District Judge for the Northern District of California, sitting by designation.
ORDER AND AMENDED
FOGEL, District Judge:
The Opinion filed February 17, 2000, slip op. 1915, and appearing at 203 F.3d 1151 (9th Cir. 2000), is amended as follows:
At slip op. 1922, delete the first paragraph under "II" up to footnote "4" and replace with the following:
It is settled law that a district court's decision to affirm, reverse or modify a determination of the Social Security Administration is reviewed de novo on appeal. Ramirez v. Shalala, 8 F.3d 1449, 1451 (9th Cir. 1993). We also review de novo a district court's determination to remand a case to the Commissioner. Once that determination is made, however, the Social Security Act does not address explicitly the degree to which a court of appeals should defer to a district court's separate and distinct determination whether the remand should be for further proceedings or for immediate payment of benefits, nor has the issue been addressed in a published opinion in this circuit.4.
With these amendments, the panel has voted unanimously to deny the petition for rehearing and to reject the suggestion for rehearing en banc.
The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.
The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.
Today we hold that when a district court remands a disability benefits case to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g), its decision whether such a remand is for further proceedings or for an immediate payment of benefits is reviewable for abuse of discretion rather than de novo. Applying that standard to the facts presented by this appeal, we conclude the district court did not abuse its discretion by remanding Appellant's disability claim to the Social Security Administration for further proceedings rather than for immediate payment of benefits, and we affirm the judgment of the district court.
I A. Procedural History
Appellant applied for Title II Social Security disability insurance benefits and Title XVI Supplemental Security Income on April 20, 1994. After the denial of his initial application and denial upon reconsideration, Appellant was granted a hearing before an administrative law judge (the "ALJ") on February 28, 1996. On June 25, 1996, the ALJ issued a Notice of Decision ("ALJ Decision") which found that Appellant was severely impaired but not disabled, and thereby not entitled to benefits, because he retained sufficient residual functional capacity to guard the gate "at a mill or plant" or assemble small products. On August 28, 1997, the Appeals Council denied Appellant's request for review.
The determination as to whether a claimant has a disability involves a five step inquiry. 20 C.F.R. § 404.1520. The answer at any stage of the analysis may be conclusive as to the lack of disability, in which case the inquiry terminates at that point. Id. The final step in the analysis is to assess the claimant's Residual functional capacity, with the burden being upon the Commissioner to show that the claimant can still perform work available in the national economy. Smolen v. Chater, 80 F.3d 1273, 1291 (9th Cir. 1996); 42 U.S.C. § 423(d)(2)(A); 20 C.F.R. § 404.1520.
On May 7, 1998, the district court reversed the ALJ Decision, identifying several errors, including, inter alia, the ALJ's unjustified rejection of the testimony of Appellant's treating physician, Dr. Fox. The district court remanded the matter for further proceedings so that the identified shortcomings of the ALJ Decision could be addressed. Appellant moved for amendment of the district court's order, arguing that the court's findings mandated an immediate award of benefits. The district court denied Appellant's motion on July 7, 1998, and this appeal followed.
The district court noted that "Dr. Fox was either claimant's treating physician (if he had one), or an examining physician." For purposes of this appeal, we need not distinguish between these two categorizations.
B. Appellant's Disability
Appellant was born November 20, 1948. At the hearing before the ALJ, vocational expert Jenipher Gaffney classified Appellant's past work experience as being that of a "carpenter, which is . . . medium skilled work." Appellant's most recent employment, according to his own testimony at the hearing, was a job building "clean rooms" in an "electronic plant" in the spring of 1991. The job lasted about one month and terminated because the project was completed. Appellant claims that he has been disabled since March 1, 1991, a date which roughly coincides with the termination of his most recent employment.
Appellant's impairment is described in the ALJ Decision as "a somatoform disorder, fibromyalgia and nocturnal myoclonus." The ALJ goes on to note that "Mr. Harman's impairments impose limitations on his ability to perform workrelated functions and are `severe.'" According to Appellant, his impairments manifest themselves through a wide range of inconveniences which are difficult to forecast from one day to the next but which include the following: inability to achieve deep sleep due to the myoclonus (leg twitching); inability to sit in one place more than twenty minutes without suffering back pain and a "splitting headache"; inability to stand still for twenty minutes without incurring a "fair chance [of] fall[ing] upon trying to move"; inability to locomote without a cane or other support; and difficulty lifting, grasping and stooping. Appellant claims that about fifty percent of his days are "bad," and that on bad days he "consider[s] it a significant accomplishment to make it from [his] bed to the toilet and back."
It is settled law that a district court's decision to affirm, reverse or modify a determination of the Social Security Administration is reviewed de novo on appeal. Ramirez v. Shalala, 8 F.3d 1449, 1451 (9th Cir. 1993). We also review de novo a district court's determination to remand a case to the Commissioner. Once that determination is made, however, the Social Security Act does not address explicitly the degree to which a court of appeals should defer to a district court's separate and distinct determination whether the remand should be for further proceedings or for immediate payment of benefits, nor has the issue been addressed in a published opinion in this circuit.
Prior to Forney v. Apfel, 524 U.S. 266 (1998), Ninth Circuit law dictated that a claimant could not appeal from a so-called sentence-four remand because he or she still might obtain full relief. Id. at 268. In Forney, however, the Supreme Court noted that section 405(g) classified judgments rendered thereunder as "final," and that 28 U.S.C. § 1291 granted the courts of appeal jurisdiction over appeals from all final decisions of district courts. Id. at 266. The Supreme Court did not address itself to the standard of review concerning such remand decisions. Also see Sullivan v. Finkelstein, 496 U.S. 617 (1990) (reversing the Third Circuit's determination that it lacked jurisdiction over the Secretary's appeal from a sentence-four remand).
"[W]hen . . . the trial court determination is one for which neither a clear statutory prescription nor a historical tradition exists, it is uncommonly difficult to derive from the pattern of appellate review of other questions an analytical framework that will yield the correct [standard of review]." Pierce v. Underwood, 487 U.S. 552, 558 (1988). Here, the task of divining a fruitful analytical framework is particularly difficult because "other questions" (id.) which intuitively seem likely subjects for analogous appellate review have been addressed by the courts only rarely and, moreover, have yielded conflicting results.
We preface our analysis with the simple observation that "decisions by judges are traditionally divided into three categories, denominated questions of law (reviewable de novo), questions of fact (reviewable for clear error), and matters of discretion (reviewable for `abuse of discretion')." Pierce, 487 U.S. at 558. Here, Appellant contends that we should review the district court's decision de novo because "[a]pplicants for social security benefits are peculiarly in need of a full appellate review of the facts of their cases." Farley v. Celebrezze, 315 F.2d 704, 705 — 06 (3d Cir. 1963) (cited with approval in Stone v. Heckler, 761 F.2d 530, 531-32 (9th Cir. 1985). In support of his argument that the abuse of discretion standard should apply, the Commissioner notes that this Court previously has categorized as "discretionary" its own decisions concerning whether to remand cases for payment of benefits when denial of benefits is unsupported by substantial evidence. See, e.g., Swenson v. Sullivan, 876 F.2d 683, 689 (9th Cir. 1989).
A. The Distinction Between De Novo Review and Review for Abuse of Discretion
In their treatise on federal standards of review, Childress and Davis suggest that the "abuse of discretion" label appears to "describe a range of appellate responses with varying degrees of deference handed down." 1 Childress and Davis,
Federal Standards of Review (hereinafter "Childress") § 4.01, 4-13 (2d ed. 1992). Normally, the decision of a trial court is reversed under the abuse of discretion standard only when the appellate court is convinced firmly that the reviewed decision lies beyond the pale of reasonable justification under the circumstances. Valley Engineers v. Electric Engineering Co., 158 F.3d 1051, 1057 (9th Cir. 1998), cert. denied, 119 S.Ct. 1455 (1999). In contrast, in undertaking de novo review, the appellate court accords no deference to the trial court, but rather determines for itself whether the administrative decision should be reversed on the ground that it is arbitrary, capricious, an abuse of discretion, or contrary to law. Lake Mohave Boat Owners Ass'n. v. National Park Serv., 138 F.3d 759, 762 (9th Cir. 1998).
While the distinction between these standards seems clear enough in the abstract, in practice the distinction often begins to blur as a body of appellate case law begins to develop with respect to issues which frequently are the subject of appeals. Under either standard of review, the case law eventually creates a template which may be placed over trial court decisions to determine whether those decisions as a matter of law fall inside or outside the guidelines of permissibility.
In such situations, perhaps the most important difference between the two standards has to do with which court's judgment is paramount. In the context of de novo review, a trial court's error, or lack thereof, is defined by the appellate court's exercise of judgment. With abuse of discretion review, error is defined by the appellate court's tolerance for the trial court's judgment. In determining the proper standard of review in this case and others like it, we must decide whether the task of reviewing a decision to remand a cause for further proceedings rather than for immediate payment of benefits tests our facility for judgment or our capacity for tolerance.
B. The Applicable Standard of Review in This Case
We must choose between the de novo and abuse of discretion standards by balancing the "peculiar need of a full appellate review," (Farley, 315 F.2d. at 705-06), against the argument that the district court's remand determination requires the exercise of discretion and therefore is due the correlative level of deference on review. We are guided in this task by several of the factors considered by the Supreme Court in Pierce, including, a) the potential for "substantial consequences" flowing from the selection between remand for payment and remand for further proceedings (Farley, 487 U.S. at 563); b) "which judicial actor is better positioned" to determine the likely utility of further proceedings (id. at 559-60); and c) whether the remand question inherently is resistant to useful generalization (see id. at 561-62).
Sentence six of 42 U.S.C. § 405(g) concerns remands for consideration of new evidence and it seems likely that the standard of review applicable to sentence-six remands also would be appropriate here. Unfortunately, different panels of this Court have come down on opposite sides of the de novo versus abuse of discretion debate with regard to sentence-six remands and it is improper for us to rely upon either position until the split is resolved en banc. Compare Clem v. Sullivan, 894 F.2d 328, 332 (9th Cir. 1990) (applying abuse of discretion) with Booz v. Secretary, 734 F.2d 1378, 1380 (9th Cir. 1984) (applying de novo).
There are instances of courts in other circuits reviewing sentence-four remands for further proceedings, however, these cases tend to deal only with the legal issue of whether it was proper in the first instance to reverse the denial of benefits. E.g. Nguyen v. Shalala, 43 F.3d 1400 (10th Cir. 1994); Finkelstein v. Sullivan, 924 F.2d 483, (3d Cir. 1990); Randall v. Sullivan, 956 F.2d 105 (5th Cir. 1992). We found only one appellate decision addressing the merits of whether a district court chose incorrectly between remanding for payment and remanding for further proceedings. See Butler v. Bowen, 865 F.2d 173 (8th Cir. 1989). In Butler, the district court remanded for payment of benefits but, on the Secretary's appeal, the Eighth Circuit held that the district court's failure to remand for further proceedings constituted reversible error. Unfortunately, the Butler court's de facto application of the de novo standard provides us with no real guidance, as with the other cases we have surveyed.
In Pierce, the Court reviewed a determination concerning whether a party's underlying legal position was substantially justified for the purpose of awarding attorney's fees under the Equal Access to Justice Act. The Court indicated that if such EAJA determinations likely would yield "substantial amount[s] of . . . liability," it might have required "more intensive" review than was appropriate under abuse of discretion test it ultimately prescribed. Id. at 563. Disability claims, however, do not derive their significance from any potential for yielding awards of "substantial[monetary] amounts," but rather from the "substantial consequences" of such awards in the lives of claimants. Id. Despite the unquestionable importance of disability claim determinations to the claimants involved, we note that the consequences of a remand for further proceedings are somewhat less substantial than those flowing from an outright denial of benefits. In fact, the ultimate consequence of a remand for further proceedings could well be an award of benefits. While we do not minimize the impact of continued delay in the payment of deserved benefits, the potential for "substantial consequences" here is not so paramount as to dictate the application of de novo review unless other factors also point in that direction.
Pierce also placed great emphasis on which tribunal was "better positioned" to make the decision. Here, that factor is largely neutral because the district court, like this Court, must make its decision on the basis of the administrative record alone. See 42 U.S.C. § 405(g); Parks v. Harris, 614 F.2d 83, 84 (5th Cir. 1980). Because the district court is not the trial court, it has no special insight into what evidence might be brought forward on remand, and thus there is no reason to give deference to the district court on this basis.
The third Pierce factor, however, weighs overwhelmingly in favor of viewing the district court's decision as discretionary. The remand decision is not "susceptible, for the time being at least, of useful generalization." Pierce, 487 U.S. at 562. We ourselves, in determining whether we should order a remand for further proceedings or direct a payment of benefits, have held that this particular decision lies within our discretion. See Reddick v. Chater, 157 F.3d 715, 728 (9th Cir. 1998), and cases discussed therein. If a decision with respect to a sentence four remand based solely upon the administrative record is within our discretion, the same decision necessarily must be in the discretion of the district court. Otherwise, we would be requiring the district court to make a "legally correct" decision, subject to our de novo review, without establishing any law to guide the district court to the required decision. Our precedent, based on the exercise of our discretion, would establish no law for the district court; rather, it would only mark the boundaries of our discretion. Our decisions are useful to the district court only if that court is acting within a range of discretion, as we have been.
Moreover, there are sound practical reasons why we have viewed our own decisions in this area as discretionary. The decision whether to remand for further development of the administrative record or to direct an immediate award of benefits is a fact-bound determination that arises in an infinite variety of contexts. Narrow rules do not serve well in such a situation; an exercise of discretion, with review for abuse of discretion, is far preferable as a means of achieving the necessary flexibility. See Pierce, 487 U.S. at 562.
Nothing we say here impairs or could impair the power of this Court, recognized in Reddick, 157 F.3d at 728, to make the discretionary decision in the first instance, when the district court had not first made such a decision.
Finally, although as noted previously S405(g) does not address explicitly the standard of review in this context, the internal logic of the statute itself suggests that Congress intended that district courts have discretion with respect to the conditions of a sentence four remand. As in other administrative law contexts, judicial review in cases under the Social Security Act is limited to a review of the administrative record for a determination of whether the Commissioner's decision is supported by substantial evidence in the record. See 42 U.S.C. S405(g). The determinations of the district court thus appropriately are reviewed de novo on appeal. Ramirez v. Shalala, 8 F.3d 1449, 1451. However, in Social Security Act cases Congress has granted district courts the additional power to reverse or modify an administrative decision without remanding the case for further proceedings. Without this additional authority, a district court could not remand a case for immediate payment of benefits in connection with a reversal of the Commissioner's denial of benefits but could only remand the case for rehearing. Because Congress did not state that district courts "shall" exercise this additional power but simply gave district courts the authority to do so in an appropriate case, it reasonably may be inferred that the district court's exercise of such authority was intended to be discretionary and should be reviewed for abuse of discretion.
III A. Determining the Correct Test
Appellant contends that as a result of the ALJ's improper rejection of Dr. Fox's opinion, the district court in this case was obligated simply to credit the opinion as true in order to determine whether there was any need of further proceedings. The Commissioner disputes whether our precedents require us to construe the record so generously in Appellant's favor. According to the Commissioner, the necessity for further proceedings properly is evaluated under the general rule that remand is appropriate if enhancement of the record would be useful.
Appellant supports his argument that Dr. Fox's testimony should be credited by citation to Lester v. Chater, 81 F.3d 821 (9th Cir. 1995) and Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996). In Lester, we wrote that "[w]here the Commissioner fails to provide adequate reasons for rejecting the opinion of a treating or examining physician, we credit that opinion `as a matter of law.'" Lester, 81 F.3d at 834, quoting Hammock v. Bowen, 879 F.2d 498, 502 (9th Cir. 1989). We built upon this rule in Smolen by positing the following test for determining when evidence should be credited and an immediate award of benefits directed:
(1) the ALJ has failed to provide legally sufficient reasons for rejecting such evidence, (2) there are no outstanding issues that must be resolved before a determination of disability can be made, and (3) it is clear from the record that the ALJ would be required to find the claimant disabled were such evidence credited.
Smolen, 80 F.3d at 1292.
Of course, Smolen's three-part test really constitutes a two part inquiry, wherein the third prong is a subcategory of the second: if the ALJ were not "required to find the claimant disabled" upon crediting the evidence, then this certainly would constitute an "outstanding issue that must be resolved before a determination of disability [could] be made." 80 F.3d at 1292. The three-part delineation nevertheless serves as a useful reminder that issues other than the presence or absence of a disability may preclude immediate payment of benefits. Cf. Regennitter v. Commissioner of the Social Security Administration, 166 F.3d 1294, 1300 (9th Cir. 1999) (requiring further proceedings to determine the date on which a claimant became disabled, after finding that disability was established by crediting claimant's and examining physician's testimony).
The Commissioner attacks Appellant's reliance on Lester by arguing that the record in that case contained no evidence capable of supporting the rejection of the medical opinions, while here, according to the Commissioner, there is such evidence. However, even assuming arguendo that there is material in the record upon which the ALJ legitimately could have rejected Dr. Fox's testimony, the Commissioner's attempt to distinguish Lester is not well founded. In Varney v. Secretary of Health and Human Services (Varney II), 859 F.2d 1396 (9th Cir. 1988), this court addressed the propriety of adopting the Eleventh Circuit's practice of accepting a claimant's pain testimony as true when it is inadequately rejected by the ALJ. In language which is equally applicable here, we stated:
Presumably, by attempting to distinguish Lester, the Commissioner intends also to say something about the applicability of the Smolen test.
Requiring the ALJs to specify any factors discrediting a claimant at the first opportunity helps to improve the performance of the ALJs by discouraging them from reach[ing] a conclusion first, and then attempt[ing] to justify it by ignoring competent evidence. . . . [P And] the rule [of crediting such testimony] ensures that deserving claimants will receive benefits as soon as possible. . . .
. . . Certainly there may exist valid grounds on which to discredit a claimant's pain testimony. . . . But if grounds for such a finding exist, it is both reasonable and desirable to require the ALJ to articulate them in the original decision.
Id. at 1395-96. (Emphasis added; internal quotes and citation omitted).
Our reliance on Varney II to justify the current application of Smolen does not obscure the more general rule that the decision of whether to remand for further proceedings turns upon the likely utility of such proceedings. See Lewin v. Schweiker, 654 F.2d 631, 635 (9th Cir. 1981). Rather, the Smolen test still enables only a limited exception to the general rule.
We conclude that if the Smolen test is satisfied with respect to Dr. Fox's testimony, then remand for determination and payment of benefits is warranted regardless of whether the
ALJ might have articulated a justification for rejecting Dr. Fox's opinion.
B. Applying the Test
Not surprisingly, the parties disagree as to whether the Smolen test is met here. Specifically, they disagree as to whether crediting Dr. Fox's opinion mandates a finding of disability. We conclude that it does not.
No other aspect of the Smolen inquiry is at issue. The Commissioner has not appealed and therefore the district court's finding that the ALJ inadequately rejected Fox's testimony is not in question. But cf. Nguyen, 43 F.3d at 1404 (granting affirmative relief to the respondent-Secretary upon the claimant's appeal of a sentence-four remand) and Randall, 956 F.2d at 109 (5th Cir. 1992) (granting affirmative relief to the respondent claimant upon the Secretary's appeal of a sentence-four remand). Also, although the Commissioner states without explanation that "Judge Jones found that there are outstanding issues to be resolved," we find no such issues to be implicated in the district court decision except the issue of whether crediting improperly rejected evidence necessarily requires a finding that Appellant was disabled, which is the issue we already have defined.
Appellant consulted with Dr. Fox on several occasions between mid-1995 and mid-1997. Dr. Fox's notes from Appellant's June 21, 1995 visit indicate that the doctor "found [Appellant] totally disabled," and that "he became disabled 4 years ago due to pain and weakness in his lower extremities and back." Dr. Fox also noted that "[a] diagnosis of fibromyalgia [had been] made 4 months [earlier] by Dr. Philip Mon Pere and Dr. Robert Bennett in Portland."
The notes contain the following support for Dr. Fox's conclusion that Appellant is "totally disabled":
Extremities all have subjective muscle pain worse in the lower extremity to active and passive motion and rotation. There is 1+ peripheral edema in both legs and decreased deep tendon reflexes on the left. I am convinced the gentleman has a diagnosis consistent with fibromyalgia.
The notes from Appellant's June 21, 1995 visit with Dr. Fox constitute the only indication of the doctor's opinion which was available to the ALJ before the ALJ determined that Appellant had residual functional capacity which would enable him to work as an "assembler of small products," or "a gate guard at a mill or plant" and that therefore he was not disabled. However, Appellant submitted additional materials to the Appeals Council in conjunction with his request that they review the ALJ Decision. These materials included treatment records from July 19, 1996 and notes from October 24, 1996 and July 1, 1997. We properly may consider the additional materials because the Appeals Council addressed them in the context of denying Appellant's request for review. Ramirez v. Shalala, 8 F.3d 1449 (9th Cir. 1993).
The additional materials are consistent with the quoted June 21 notes and contain occasional added detail such as that "[Appellant] requires at least one cane for ambulation," and "[o]n bad days, minimal ambulation about his house is all he can tolerate due to pain and severe fatigue. . . . He has used most of the currently available medications for fibromyalgia with minimal success. . . ." Appellant also submitted a questionnaire to the Appeals Council, (apparently provided to Dr. Fox by Appellant's counsel) in which the doctor opines that Appellant is not able to work "on a regular sustained basis, 8 hours a day, 40 hours a week," at any exertional level.
However, even giving the additional materials the consideration to which they are entitled, there are at least two reasons why it would be inappropriate to conclude on the present state of the record that Appellant is entitled to benefits as a matter of law. First, Dr. Fox's conclusion that Appellant is totally disabled is a medical rather than a legal conclusion. In contrast to other cases in which we have remanded for payment of benefits based upon improper rejection of medical testimony, here there was no testimony from the vocational expert that the limitations found by Dr. Fox would render Appellant unable to engage in any work. See, e.g., Varney II, 859 F.2d at 1400; Smolen, 80 F.3d at 1291; Reddick v. Chater, 157 F.3d 715, 729 (9th Cir. 1998); Gallant v. Heckler, 753 F.2d 1450, 1456 (9th Cir. 1984). In cases where the testimony of the vocational expert has failed to address a claimant's limitations as established by improperly discredited evidence, we consistently have remanded for further proceedings rather than payment of benefits. See, e.g., Gamer v. Secretary of Health Human Svcs., 815 F.2d 1275, 1281.
Second, critical portions of Dr. Fox's testimony, in particular the finding that Appellant could not work "on a regular sustained basis, 8 hours a day, 40 hours a week" were not before the ALJ at all but were presented only to the Appeals Council. While we properly may consider the additional evidence presented to the Appeals Council in determining whether the Commissioner's denial of benefits is supported by substantial evidence, it is another matter to hold on the basis of evidence that the ALJ has had no opportunity to evaluate that Appellant is entitled to benefits as a matter of law. The appropriate remedy in this situation is to remand this case to the ALJ; the ALJ may then consider, the Commissioner then may seek to rebut and the VE then may answer questions with respect to the additional evidence.
C. Other Issues
Appellant also attributes a multitude of other errors to the district court. For example, Appellant notes that the district court found fault with the ALJ's rejection of Appellant's own testimony and the testimony of lay witness Avis Cook as well as with the ALJ's assertion of an incomplete hypothetical to the vocational expert. Appellant argues that these findings constitute a separate basis for remanding Appellant's case for immediate payment of benefits. Appellant also assigns error because the district court decision does not address the ALJ's rejection of the opinion of Dr. Lewis, an examining physician.
Whatever the merits of these arguments, we conclude that there are sufficient unanswered questions in the record that the district court's determination to remand the case for further proceedings was not an abuse of discretion. For example, there is evidence that Appellant may abuse alcohol, a fact which might disqualify him from receiving benefits, see 42 U.S.C. S423(d)(21)(C), and that Appellant's intellectual abilities are less limited than Appellant claims. Because neither the ALJ nor the vocational expert had the full picture before them, remand for further proceedings is particularly appropriate.

redpajama_set_name: RedPajamaCommonCrawl


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Gives the equivalent single resistor.
When two (or more) resistances are in parellel, then the resitence provided by the two together is given by reciprocal addition, i.e. 1/(total resistence) = (1/resistance1) + (1/resistance2).
The addition of reciprocals is a common solution for problems, aand this calc may be used to solve other similar relationships.
For larger numbers of resistors, this calc may be used iteratively.


Being indebted to a person or business is never a comfortable feeling. For most people, they want to pay off that debt as quickly as possible. Today's society, however, is full of debt every single day of the year. When you become an adult, credit-card offers, student loans and other monetary transactions are suddenly at your doorstep. Before you take on any debt, it's a good idea to understand the differences between the monetary types. In the financial world, there's either good or bad debt. Get to know these debt types before you sign on the dotted line.
Good debt offers you a return for your indebtedness. You might invest in a home for your family or start a business. Neither of these two situations can be accomplished with cash alone. You'll have to take out a bank loan. Credit histories aren't marred by this good debt because you're growing wealth as a result of that loan. You'll pay back the funding at some point while enjoying growing equity on the home or business.
The irony of the situation is that building credit requires a credit card in most cases. Use your card wisely by only spending what you can pay off each month. Carrying a balance will only push you further into debt.
There might be some confusion surrounding student-loan and home-equity debt. When you take out a student loan, you're investing in yourself. Although this is a lofty concept, you're still benefiting from the loan by learning skills to better your future and the community. These loans are considered good types. Home-equity loans are also good debt because the funds taken out of the equity are meant to improve the property. Take out this loan, and add a roof to the house. This investment will pay off over time.
Consumers are often confused about auto loans and their importance to your credit history. Although paying off an auto loan helps your credit score, this common debt is considered to be bad. A vehicle isn't an investment. It actually loses value from the moment that you drive it out of the dealership lot. Vehicles will never increase in value so be wary about using a car purchase as an investment ploy.
Regardless of the type of debt, any loan is a bad one when the interest rates are incredibly high. Ideally, you want the lowest rate possible because it directly influences the monthly payment. Stay on top of monthly payments too. You may have a low interest rate, but it will adjust upward when you miss a payment. The adjustment is usually a severe penalty.
Learning how to manage debt isn't a skill that's usually taught in school. You may want to take a class on personal, money management. Being aware of income and spending habits will keep your household afloat in any economy. In the end, knowledge is power as you decide between good and bad debt.
Filing for bankruptcy is a major financial decision that will have ongoing consequences in your life. It doesn't have to mean the end of your financial life. Many people file for bankruptcy then go on to buy homes, cars and get credit cards. Understanding what life is like after you have filed for bankruptcy will give you the insight you need to make the right decision about your finances.
One of the things that surprises a lot of bankruptcy filers is that they are bombarded with new offers of credit. This happens almost immediately after their case is discharged in the courts. The reason for this is because you will not be able to file bankruptcy again for another 10 years, so creditors know they have a good chance of getting their money if you take out a new loan.
While getting new credit will definitely help you to re-establish a credit profile, take it slow and be cautious when getting new credit. Resist temptation to get every credit card you are offered, and work slowly to rebuild credit.
Most people think that you can no longer buy a home if you file for bankruptcy. While bankruptcy does adversely affect your credit profile, you can still buy a home. The key is to rebuild your credit over 24 months and have a perfect record of on-time payments and responsible use of credit.
If you are looking to buy a home, a good place to start is with FHA loans. These government-backed loans are easy to get, even if you have had past credit problems. All you have to do is show a 24 month history of on-time payments on credit accounts, and sufficient income to pay the mortgage. Getting a conventional mortgage may be more of a challenge in the first years following your bankruptcy, so it pays to wait it out for a few years and rebuild credit.
While a bankruptcy filing will show on your credit report or any other public record, it will not stay on your report forever. After 10 years, all listings of bankruptcy are scrubbed from your credit report, raising your score and giving you better access to credit. If you have filed for Chapter 13 bankruptcy, it will disappear from your credit report after seven years. The good news is that your bankruptcy will lose much of its weight as time goes on, even though it still appears on your credit report.
In most cases, experts recommend checking your credit twice a year. After bankruptcy, however, it's important to check your credit report monthly for at least the first six months. While you may have included all of your creditors in your petition to the court, there may still be creditors who are demanding payment of your discharged debts. You are not required to make payments on any debts that were discharged in the bankruptcy, so monitor your credit to ensure that your report is accurate.
When you file for bankruptcy, you are getting a fresh start for your finances. After you have had all of your debts discharged, you may find that it is easier to buy a car, get a credit card or obtain credit. With time, the severity of your bankruptcy filing will decrease, and your credit score will gradually get higher.
The debt keeps piling up while you're sinking with the feeling of anxiety and worry. The possibility of declaring bankruptcy continues to have greater chances of happening. Declaring bankruptcy can be a very confusing and complicated process. It is important to understand some things about bankruptcy to be prepared if it does become a reality.
Declaring bankruptcy is not a quick process. It is important to understand that courts that deal with declaring bankruptcy are not the same as other courts. On average declaring bankruptcy can last at least four months. When declaring bankruptcy if it is classified as a Chapter 13 it can last anywhere between three to five years. A Chapter 11 bankruptcy can start at a minimum of two years and continue to last for a longer duration. If you want to obtain bankruptcy then you must be able to stick out the long process that may or may not occur.
It is important to know that declaring bankruptcy gives fair game for finances to be observed and reviewed. You must be comfortable with talking about financial affairs and mistakes you have made financially during the whole process. At some point you will have to talk with creditors during a mandatory meeting. Questions can be asked by the creditors during the meeeting. Therefore, you need to be comfortable airing financial matters to strangers. You also must be completely honest. It is important to have a clear mind and be able to list all belongings, debt, and creditors associated with your current finances. Being dishonest or missing something could lead to an investigation by the FBI. Further actions by the FBI could delay or cause complications.
The forms when declaring bankruptcy is not necessarily straightforward. It is important to be prepared for complicated forms. Also, bankruptcy forms may ask questions that seem a bit tricky. Don't let tricky questions make you second guess your answers. Therefore, make sure to give yourself enough time to fill out the forms and digest the questions being asked.
The discharge is a very significant aspect involved when declaring bankruptcy. Generally a discharge indicates that the individual that filed bankruptcy followed what was required under law. Therefore, the individual is relieved from paying any more on the financial debts. For more information regarding general discharge follow this link. Therefore, the discharge will personally only be able to protect the individual filing bankruptcy. It is important to understand that the lender still is able to try to collect debt from co-signers.
Declaring bankruptcy can cost a great amount. Hiring an attorney to represent you can cost anywhere between several hundred to several thousands. Even with not hiring an attorney the fees associated with the bankruptcy process can add up to a great amount.
Managing your finances is one of the most important aspects of your life. When it comes to managing finances, part of this entails evaluating and paying off your debts. While most people are able to easily pay off their debts in a timely manner, there are times when they struggle to do this. If you are struggling to pay off your debts one of the options that you can consider is bankruptcy. With bankruptcy an individual is filing a series of documents that legally declare that they are unable to pay their debts. Like a number of other financial matter, there are certain signs you should look for when you are contemplating bankruptcy. These signs will let you know whether or not it is a good idea and in your best interest to file for bankruptcy. The most common signs you should look for when filing bankruptcy are when you have difficulty paying debts, your assets are less than your liabilities, you are not likely to pay off your debts anytime soon and when the amount of your debt is much higher than normal.
The first sign you should look for when looking to file bankruptcy is when you have difficulty paying your bills and debts. If you are in a situation where you lose your job and cannot keep up with debts such as credit cards or your mortgage, then you will likely be in position to look into bankruptcy. Since your loss of income prevents you from paying your debts you may need to look into ways to eliminate or restructure your debt. As a result declaring bankruptcy is a viable option if you have no realistic means to pay back your debt in a timely manner.
Another sign you should look for when looking to file bankruptcy is when your assets are less than your liabilities. When the total of your assets such as savings, investments, and other property is much less than the amount of money you owe than bankruptcy is something that may benefit you. If you are in a position where the total value of your assets is much lower than that of your debts then filing bankruptcy will likely help you a great deal. The type of bankruptcy you will want to file is Chapter 7 which will give you a complete discharge of all of your debts. Using this form of bankruptcy is ideal if you have no real property and just have lots of debt you are unable to pay back.
When looking for signs of when it is time to file bankruptcy, you will want to consider this when you are unlikely to pay off your debts at any time in the near future. Since creditors want to be paid by a certain time they will usually demand payments on a regular basis. However if you are unlikely to pay back your debts within a reasonable timeframe then you will want to consider bankruptcy. In this situation you will benefit by filing bankruptcy when the amount of debt you have is realistically uncollectable by the creditor. Therefore you will want to file bankruptcy when it is very unlikely that you will be able to pay your debts completely within two years.
For those who are looking to file bankruptcy, you will know that it is time to do this when your debt is extremely high. If your debt is much higher than normal and that it would realistically take many years to pay it off then you will want to consider bankruptcy. When the amount of money you owe is so high to the point where you just can't keep up with the payments and it jeopardizes your ability to meet your necessary financial obligations, then you will know that filing for bankruptcy is in your best interest.


Oops. Seems my predictions were a little off. Please read Mats Lewan Interview of Rossi and the full settlement, including hilarious notes on the so called "experts" Smith and Murray 🙂 Brilliant.
Rossi got everything back including the American, Russian and Chinese markets. IH/Darden is out of the game. HUGE victory.
Abd and Jed are both a bit more complicated. They both probably believe they are doing the right thing, but on limited information – need to know basis. They have probably been played. Jed has serious problems with Rossi as a character but I think it is starting to dawn on him that Rossi and IH made some kind of deal and that the whole affair is not black and white. We will see him scale down and focus in LENR as a whole. It is already happening. His issue with Rossi are mainly personal.
I also believe it is part of the deal to not argue anymore about the GPT, partly to save face. It is now history and both parties will be looking ahead. The trolls that keep arguing about this are not IH people but the pure anti-LENR crew wanting to produce FUD.
On LENR-FORUM these opinions are mainly represented by Mary Yugo, THHuxley (Thomas Clarke) and of course the subject of this post, Eric Walker. And their small army of sock-puppets … Since the IH settlement there are some signs of confusions and they need to regroup and start to criticize IH as well if it would turn out (as I believe) that they are still in the game with Rossi to some degree.
There seems to be no doubt anymore than Eric executing an agenda of some kind that suits the COINTEL astroturfing manual extremely well. Read this again on forum moderation.
One indication of this agenda is allowing the well known pseudo skeptic @maryyugo profile to post as well as allowing all possible ad-homs, defamations and attacks on Rossi. And maybe most importantly always promoting the FUD line an any argument and never allowing any discussion of the motives behind FUD postings. All these posts are redirected out of context immediately and the posters, threatened with the "mannerism" argument, suspended or banned to keep the discussion on the LENR-PC corridor.
All this is schoolbook astroturfing. We have yet to find out though which organization Eric represents. I guess it is possible he represents himself only, but his very vague profile (that seems to exist only to make him seem to exist) points in other directions. Most probable is maybe some US gov/edu entity or some religious fundamentalist organization (the Islam/Bahia connection on EW Linkedin).
Keep you eyes open for signs … there will always be markers that reveal the operatives.
Their Fud will be short lived. Once LENR does hit commercially, it will be over for them and few of us will be on the ground floor of the next world changing investment. Let them be an echo chamber, it only helps us in the long run I think. Great post SUPERKOLL! Pun intended.
Thanks, Sifferkoll. No corrections. 'Nuff said.
This was posted recently on LENR Forum for a short time before being being taken down completely. Wyttenbach is a fairly active poster there and mainly pro-Rossi.
Dear fellows: A year ago Jed Rotwell placed a link that pointed to an infected jpg. It showed up on the Apple macintosh using the photobook services and the hacked photosanlysisd tool. This NSA tools was clumsy as it required regular spin.dumps to collect the info gather on your PC.
Since yesterday I know that NSA (the persons behind the alias Eric Walker) are again regularly monitoring at least my Mac. The back door they use is the apple helpd (heldp process) service where they use the plugin injection method.
This process obviously is started/stopped by marked downloads from the LENR-FORUM. Today they marked an Alfors post.
The backend of the NSA tool is the Akamai (Mossad/NSA cover company since more than 20 years active) distributed service layer of our LENR-forum host cloudshare.
If you use an Apple macintosh then I recommend to kill the helpd process (over process monitor) as soon as it pops up. Further on you should block all back traffic to the subnet 2.20.*.* may be more are needed.
In case of questions mail me at juerg@datamart.ch. If you don't get an answer, then your mail was possibly captured.


It's with the event of the recording and film industries that the mass media market for this sort of music was created. This has enormous economic advantages for producers and composers of such music. A standard ghazal revolves around the undying theme of unrequited stay. It's due to the mass media that ghazal singers have managed to develop a method that's unique.
On its face that is form of an unimaginable downside.
Many issues about digital cameras are an similar to movie cameras, just a few things are barely tweaked from movie expectations, and numerous choices are distinctive to digital photography. Among the large variations can actually assist you to take increased photos than you ever did with a movie camera.
We use Collected Knowledge associated to Third-Party Content materials to allow us and our partners to personalize promoting, promoting, and different content delivered or offered to you. For instance, we could use or share Collected Knowledge associated to Third-Party Content material that's important to serve video content and commercials, together with the source of the content material, full details about the content together with title, gadget identifiers, timing and location of your consumption, your client information, your IP deal with, and so forth. We also share the metadata needed to serve video or audio promoting.
Habib Jalib is actually one of the great names of the Urdu poetry. He was not just a good poet but in addition a beautiful and amazingly great human being. If anyone needs an inspiration for arise for the rules, Habib Jalib is the man to comply with. If anybody wants inspiration to be good, then Habib Jalib is the person to observe.
The primary color photograph made by the three-shade methodology advised by James Clerk Maxwell in 1855, taken in 1861 by Thomas Sutton The topic is a colored, tartan patterned ribbon. Additionally, photography has been the subject of many songs in commonplace tradition.
Color photography would possibly form pictures as optimistic transparencies, which can be utilized in a slide projector , or as coloration negatives meant to be used in creating positive coloration enlargements on particularly coated paper. With their experience the pictures will communicate for themselves and also you get to cherish them.
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Hands-on scientific research with giant leatherback sea turtles in Costa Rica for grades 5 and up.
Students spend 3 nights working with giant leatherback turtles at Estacion Las Tortugas along the Caribbean coast. Patrol nesting beaches at night and relax and explore the rainforest during the day. In addition, the group can visit a remote indigenous community and learn about their culture and traditions and learn about rainforest creatures at a butterfly farm.
Price: From $1,300 per student, depending on total group size. Teachers travel free with 8 paying students.
Recommended for students Grade 5 and up.
Other available activities include school visits, volunteering at a wildlife rescue center, farm homestays, Arenal volcano, whitewater rafting, ziplines, and more. Let us know if you have a specific activity you would like to include.
Thank you! We will be in touch shortly. Feel free to call us at 800.215.0378 if you need a quick response.
Our guides pick your group up from the airport and take you to Francisco's Lodge, a comfortable hotel in a country setting, to get a restful night's sleep.
After breakfast, board your group's private bus where you will head to the Central Caribbean coast. Along the way, you will stop for lunch at a wonderful butterfly farm. At Las Tortugas, you will spend three nights at one of the country's most important leatherback sea turtle nesting beaches. Your group will help monitor the beach, looking for nesting turtles, helping to collect data on giant leatherback or green turtles, and transplanting the eggs to a protected hatchery.
Daytime activities include a boat ride on the rainforest canals to look for wildlife including sloths, monkeys, & caiman. You can also visit the project's Turtle Museum or relax in a hammock and listen to the sounds of the beach and jungle. There will also be volunteer activities, including helping to clean the beach, building the hatchery (early in the season), or releasing hatchlings (late May - June).
* Please note that Las Tortugas is a fairly remote and isolated research station. The rooms are very basic and students are expected to participate in cleaning up dishes after meals. The station has limited electricity and no hot water. Bathrooms are shared between two rooms. Meals are simple and often include rice and beans.
Leaving Las Tortugas, your group will head south to the small coastal town of Cahuita, gateway to the national park which has some of the nicest beaches in the country. Picnic on the beach and enjoy the white sand and clear water. Evening is open to rest or plan group activities.
Heading inland towards the Talamanca Mountains, your group will visit an indigenous reserve to learn about traditional indigenous life and how they survive through organic farming of chocolate and bananas.
There are two options, one taking a 1.5 hour boat ride to a reserve, another offering a 1.5 hour hike to a small village. The highlight is learning the entire process of making chocolate, from tree to delicousness!
After breakfast, your group will head back to the Central Valley, your group will celebrate your last night in Costa Rica and reflect on what you have learned.


"As a deer pants for flowing streams, so pants my soul for you, O God" (Psalm 42:1).
Some Christians wrongly suppose we must repress all desires, whether appetite, advancement or usefulness. But desires resemble human emotions in that they can be used for good or evil. The Psalmist "pants" after God, a truly good and upright desire. Yet the Bible warns us against indulging sinful desires that can harm us. How can we tell the difference?
1. Drink deeply from God's Word.
"How can a young man keep his way pure? By guarding it according to your word" (Psalm 119:9).
2. Ask God to transform sinful thoughts that linger.
The Bible makes clear that our battle with sin continues throughout life. The sinful principle within us makes war with our spiritual natures, creating conflict (Galatians 5:17). We need God's help. How should we pray?
Pray honestly. Don't hide your struggle from God; He knows about it already.
Pray dependently. Acknowledge your weakness and inability to ward off sin on your own.
Pray faithfully. Do not quit because of a setback; keep praying for victory.
When we take up these two powerful weapons, the Word of God and prayer, we prepare for battle God's way. May God bless our efforts to think godly thoughts after Him.


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More well-known movies took after and she easily made the move to the talkies with her initially solid film, "Untamed" (1929), which was a basic and film industry achievement. Her series of accomplishments proceeded and she wound up plainly one of the highest female stars in the 1930s.
She increased much acclaim for featuring in various "clothes to newfound wealth" movies that were to a great degree prevalent amid the Depression period. Her depiction of poor however persevering ladies who make money related progress through their assurance hit home with the female crowds in the Depression-time.
Amid the 1930s she frequently imparted the screen to a portion of the main men in Hollywood and showed up in eight motion pictures with Clark Gable, including sentimental dramatization "Had" (1931), melodic film 'Moving Lady' (1933), lighthearted comedy 'Love on the Run' (1936), and sentimental show 'Peculiar Cargo' (1940).
In the late 1930s, she experienced a low period when the greater part of her movies floundered and she was named "Film industry Poison." Not somebody to acknowledge crush so effortlessly, she battled hard to re-concoct her vocation and was effective in doing as such.
She showed up in one of her best movies, 'Mildred Pierce', in 1945 in which she assumed the title part. The film was a reverberating achievement and earned Crawford the Academy Award for Best Actress in a Leading Role.
Amid the last 50% of the 1940s, she showed up in various melodramas including "Humoresque" (1946), 'Had '(1947), 'Daisy Kenyon' (1947), and 'Flamingo Road " (1949).
She worked relentlessly all through the 1950s and in 1962 she featured alongside Bette Davis in the exceptionally effective mental thriller 'What Ever Happened to Baby Jane?' (1962). She resigned from the screen in 1970.
Joan Crawford deos not have an Instagram account.
She was conceived as Lucille Fay LeSueur on 23 March, in San Antonio, Texas, to Thomas E. LeSueur, a clothing worker, and Anna Bell Johnson. The time of her introduction to the world is questioned; she is accepted to have been conceived at some point in the vicinity of 1903 and 1908.


text:
Why do we get food cravings? Brain 'switch' discovered that could lead to weight loss therapies
Tapping into this circuit could reduce the urge to overeat.
By Martha Henriques
Updated June 16, 2017 14:49 BST
Scientists have discovered the part of the brain responsible for food cravings. iStock
Sometimes seeing a picture or advert for food is enough to make us hungry and reach for a snack. Scientists have now found how these cravings happen in the brain, offering hope for a way to tackle overeating.
The world is facing a growing obesity crisis, and a large part of that is because our brains – honed by evolution over hundreds of thousands of years – are hard-wired to want to eat food whenever we see it. In modern life, we are surrounded by food all the time, from our well-stocked kitchens, to corner shops, to billboards and adverts on TV and the internet.
It's been proven that diet foods could make people fatter
Sugar lover? A hormone is responsible for whether you have a sweet tooth or not
How a protein-rich breakfast makes you more easy-going
A study in mice, published in Nature, has identified a brain circuit that reacts to images of food to stimulate the sensation of hunger.
"The problem is that our whole brain is tuned to make us find and eat food wherever we can. Up until about 200 years ago, that was fine. But now we have more food than we need," study author Mark Andermann of the Beth Israel Deaconess Medical Center told IBTimes UK.
The brain circuit is tucked away in a hard-to-reach part of the brain called the insular cortex. Scientists developed a new method to look inside this part of the brain and see when the cells were stimulated, and which other parts of the brain they communicated with.
"We effectively used a tiny periscope, only about 2mm wide, to look inside the skull," Andermann said. "Then we used a microscope that allows you to visualise brain cells and track them across many days while the mouse is awake and hungry for food."
The mice learned that when they saw a food picture, they could react to get food. This imitates the way humans see a picture or an advert for food and then get a craving and decide to go and eat something.
Obesity is a growing problem globally, with 2bn people overweight or obese. Ronaldo Schemidt/AFP/Getty Images
The cells in the insular cortex lit up when the mouse was hungry and saw the picture. These cells didn't light up in response to food pictures after the mouse had eaten a meal, but could be made to light up again by turning on another set of cells deep in the hypothalamus – AgRP neurones - that are linked with the body's basic drive for hunger. They connected with these cells via the amygdala, an almond-shaped part of the brain involved with values and emotion.
"When you have a mouse that's just eaten and it's full and just relaxing, and you turn on these neurones – the mouse will get up and go after these food pictures again," Andermann said. "The patterns you see in the insular cortex start to look like those of a hungry mouse again."
On the flip side, if the pathway between the AgRP neurones and the insular cortex was disrupted, the mouse would only be interested in food if it was right in front of it, and wouldn't go after the food pictures.
Obese youth
Obesity is a worsening problem across much of the world. A recent study found that 2 billion people in the world are overweight or obese. Deaths and disability due to obesity are rising fast in middle-income countries such as China and Brazil. Obesity is growing fastest among children and adolescents across the board.
"The reason that's scary is that the regions we've identified are really the most flexible and the most impressionable during this critical adolescent period," Anderman said.
As a result, bad habits acquired when young could be much harder to shift than in later life.
Bad eating habits acquired in childhood are extremely hard to shift as an adult - now neuroscientists know why. iStock
Cure for overeating?
The findings could shed light on future therapies to reduce overeating in humans. If the pathways between the AgRP neurones and insular cortex could be disrupted in humans, then seeing food around might not translate in an urge to eat.
But this is still a long way off, in part due to the sheer complexity of the circuit. It's also just one of many involved in the hunger response.
"I don't think we'll have a cure for overeating in the next 10 years, but you never can tell," Andermann said.
This knowledge could also be used to inform established treatments for overeating, such as cognitive behavioural therapy and counselling.
"The important thing is that we've been trying to fix the car without having any idea how it works at the level of specific circuits you need to go in and adjust," he said. "This really opens up a new way of going after this problem of really knowing how the brain links hunger and cravings."
This article was first published on June 14, 2017
Related topics : Obesity


Dr. Perna is a graduate of Cagliari University, Italy. He received training in Thoracic Surgery in Barcelona, Spain. He obtained his PhD in comparative techniques in the treatment of pneumothorax from the University of Las Palmas de Gran Canaria, Spain.
Dr. Perna is a Consultant Thoracic Surgeon at Thoracic Surgery Unit-Hospital Universitario Son Espases Palma (Spain).
He has previously worked at Hospital de Navarra, Pamplona, Spain, as a Consultant Thoracic Surgeon and has collaborated with Navarra University as Associate Professor of General Thoracic Surgery.
He is a reviewer for many scientific journals.
In the context of general thoracic surgery his greater interest are the minimally invasive techniques, and Innovation and Technology.
His clinical research interests include clinical comparative studies in minimally invasive approaches to thoracic malignancies.


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This is a short tutorial that presents how you can monitor the CPU activity in an Android system.
Computing the GPU load (percentage of work relative to the running time).
The data is exposed through the following /sys entries that are available on most of the Android Linux kernels (but not on all of them), so when using the kernel you have to check the entry first if it is available.
Data is polled from the /sys entries and is displayed in the XPerf application as below.
Be it playing a game, swiping into a browser page or streaming data from Internet - all such scenarios were performed while collecting data depicted below. Virtually all actions performed on the phone reflects into tasks that the GPU has to care about.
While switching from one application to another the GPU frequency may vary, since GPU's tasks change (from one application to the other).
One must know that GPU's behavior is controlled according to the GPU governor.
If playing a game the load is expected to be higher than, for instance, swiping through the home screens of the phone.
So, if GPU has work to do then the frequency value may either be set to a specific value (e.g. in the first picture below the frequency is recorded to be 200MHz for the entire horizontal line between 05:50 - 06:45) or may vary (whatever picture contains such variations).
When the load for the graphical processing unit is low then, also according to its governor, the frequency may vary or not, depending on what is happening on the screen. Such ranges can be seen in the first picture (for instance in the range 05:30 - 05:50) or in the second one (the time-range 09:20 - 09:37).
Two samples of a GPU measurement session are presented below.
A selection area is also presented in this graph (the grayed region defined between 09:07 - 09:23).


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Home > Audio > GoReader Audiobooks
The Seven Sequels GoReader Volume 3
Tin Soldier, Double You
Pub Date: 01/Oct/2014
GoReader
Jim Webb's pursuit of the truth about his grandfather's role in the Vietnam War puts him squarely in the sights of someone high up in the US military—someone who wants certain events from that war left in the past. Webb goes on the run in the American Deep South with Lee, a Vietnam vet, trying to smoke out the man they call the Bogeyman by using Webb as bait. The Bogeyman may be powerful and smart, but Webb and Lee, with the help of a few of Lee's old army buddies (and one motorcycle-riding girl), are ready to take him down.
When Adam Murphy learns that his late, revered grandfather, David McLean, hid a huge stash of foreign cash and fake passports in the family's cottage, he is stunned. Was Grandpa really a traitor, as some of the evidence suggests? And why was a loaded Walther PPK pistol hidden at the cottage? Determined to prove his grandfather's innocence, Adam takes the famous James Bond gun and follows the clues to Bermuda, where he encounters danger, evidence of espionage, and an unusual girl named Angel Dahl. Desperate and on the run with Angel, pursued by a deadly operative, Adam races to other exotic locations, unsure if Angel is friend or foe, or if his grandfather was a hero or a villain. Three clues hold the dark secret of David McLean's past—the letter W, a glass eye with a golden iris, and the haunting words of someone named Mr. Know.
Tin Soldier
By (author): Sigmund Brouwer
By (author): Shane Peacock


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Copperas Cove: Alum receives U.S. Navy award
KWTX News 10 at 10P
By Rissa Shaw
Published: Sep. 27, 2020 at 11:22 PM CDT
COPPERAS COVE, Texas (KWTX) - Joseph George, an alumnus of Copperas Cove High School, was selected as the U.S. Navy Sailor of the Quarter.
George, who graduated from CCHS in 2016, will now compete for Sailor of the Year.
He's currently stationed in Norfolk, Virg. on the ship, the George Bush.
His mother, Camille George, is a teacher at Copperas Cove Junior High School and their father served in the U.S. Army.
Her other son, Lewis George, a 2019 CCHS graduate, is also serving in the Navy in Norfolk on the ship, the Stennis.


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Multilateral Approaches to Deliberating Internet Governance
J P. Singh, Georgetown University
This essay tackles the question of how increased interactions among multiple actors facilitated by the Internet shape patterns of global governance, especially for the Internet itself. The paper argues that in global governance the types of actors, along with their collective understandings and deliberations, shape two different types of multilateral global orders: statist multilateralism and networked multilateralism. This paper employs the language of global governance rather than that of international regimes to distinguish three keys terms for understanding governance: global order, legitimacy and deliberations. These concepts are applied to the case of Internet governance, to the Internet Corporation on Assigned Names and Numbers (ICANN) which is characterized as statist multilateralism, the networked scenarios of the World Summit for the Information Society (WSIS), and the Internet Governance Forum (IGF). The conclusion does not predict the demise of statist multilateralism (as do many analysts examining WSIS and IGF processes) but argues that these newer arrangements are analytically useful for understanding alternative governance arrangements likely to emerge in the future. As such, the concept of networked multilateralism could usefully be applied to cases other than the Internet.
Singh, J P. (2009) "Multilateral Approaches to Deliberating Internet Governance," Policy & Internet: Vol. 1: Iss. 1, Article 4.
DOI: 10.2202/1944-2866.1015
Available at: http://www.psocommons.org/policyandinternet/vol1/iss1/art4


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7 November 2017 | Comment | Article by Charlotte Fletcher
10 years on from the Mental Capacity Act – Cardiff University research on Welfare Cases in the Court of Protection
To mark 10 years since the Mental Capacity Act came into force Cardiff University has released research relating to the Court of Protection's health, welfare and deprivation of liberty jurisdiction.
The Court of Protection is responsible for making decisions on financial and welfare matters for people who can't make decisions at the time they need to be made, or in other words they lack mental capacity. The Court's jurisdiction covers property and financial affairs as well as matters concerning health and welfare. The report prepared by Cardiff University focuses on the Health and Welfare jurisdiction of the Court of Protection.
A full copy of this Cardiff University Report can be found here - http://sites.cardiff.ac.uk/wccop/files/2017/09/Series-Fennell-Doughty-2017-Statistical-overview-of-CoP-Key-findings.pdf
The report details a number of findings about how the Court of Protection welfare jurisdiction is being used, the problems that are being encountered and the involvement of those lacking capacity in the proceedings themselves.
Interestingly, the report confirms that whilst decisions about serious medical treatment shine the spotlight on the Court of Protection in terms of mainstream media, this is in fact a small proportion of their work. Instead, the Court is more often making decisions about where someone should live, how they should be cared for and relationships with others. The main users of the Court of Protection tend to be social care professionals and local authorities and not, as may often appear to be the case, health authorities.
Concerns are often raised about secrecy within the Court of Protection and a lack of transparency about the decisions that are being made. Cardiff University's research has shown that in fact there is little evidence of active media efforts to attend or report on hearings and only a small number of examples of reporting restrictions have been imposed on the media. It may well be that the main media interest surrounds the high profile medical treatment cases rather than the higher volume of cases concerning other welfare issues.
The research shows that the number of cases being heard under the Court of Protection's health and welfare jurisdiction has increased dramatically, from 1000 cases in 2008 to over 4000 in 2016. This is expected to continue to rise. The research has also raised concerns about the average length of these proceedings but ultimately this depends on the types of decisions that the Court is being asked to consider.
There are also grave concerns about the current costs involved in bringing a health and welfare matter to the Court of Protection and that the high costs will act as a barrier to accessing justice and prevent serious issues and disputes being brought before the Court of Protection for consideration.
Another question which is arising more regularly is how involved the person lacking capacity (known as 'P') should be in Court of Protection proceedings. The Cardiff University research shows that at present this participation is very low. Judges do not tend to meet P and their involvement is often not being considered in other ways. This may change moving forward, following a new rule which came into force in July 2015. Cardiff University had collated their data prior to this new rule being introduced and so there is likely to have been increased participation from P since this date. For now, however, the research suggests P's involvement in these proceedings has been fairly minimal.
Cardiff University's report also mentions the Law Commission's recent proposals for reform of the Mental Capacity Act. The report suggests that the Law Commission should keep in mind the problems in terms of the cost and duration of Court of Protection welfare proceedings and the difficulties in accessing justice for P.
It will be interesting to see how things progress in the next 10 years in this area of law and how the Mental Capacity Act is reformed moving forwards.
The Court of Protection Team at Hugh James has vast experience dealing with all matters concerning an individual's property and financial affairs, to include acting as professional deputy and applications to the Court of Protection for the appointment of lay deputies, gifts, statutory wills and other matters.
If you have any queries about the Court of Protection please do not hesitate to contact us on 02920 391184.
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