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991 F. 2d 443 - United States v. Deitz
991 F2d 443 United States v. Deitz
UNITED STATES of America, Appellee,
James Larry DEITZ, Appellant.
Submitted Nov. 11, 1992.
Decided April 13, 1993.
Rehearing and Rehearing En Banc Denied May 19, 1993.
Jeff Rosenweig, Little Rock, AR, for appellant.
Patrick C. Harris, Little Rock, AR, for appellee.
Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSEN, Circuit Judge.
HANSEN, Circuit Judge.
A jury convicted James Larry Deitz of one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. § 841 ("drug charge") and one count of use of a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c) ("firearm charge"). The district court1 sentenced Deitz to a 41-month term of imprisonment on the drug charge and a consecutive 60-month term of imprisonment on the firearm charge followed by a three-year period of supervised release. Deitz appeals, challenging the indictment, the firearm conviction, and his sentence. We affirm.
In September 1990, Arkansas state law enforcement officers executed a search warrant at the defendant's home. Pursuant to this search, the officers seized several small bags of methamphetamine, drug paraphernalia, prerecorded "buy money," and four firearms. Based on this evidence, the State of Arkansas brought criminal drug charges against Deitz. The State, however, failed to prosecute the charges within the time limits prescribed by the Arkansas speedy trial statute, and the charges against Deitz were dismissed with prejudice. The State informed the United States Attorney's office of the dismissal, and the federal government then sought and obtained an indictment against Deitz. The federal charges were based on the same drug trafficking activities that comprised the state law charges. The federal indictment also included a firearm charge.
Deitz raises three issues on appeal. First, he asserts that the district court erred in failing to dismiss the federal indictment as violative of the Double Jeopardy Clause. Second, he argues that the district court erred in failing to grant his motion for judgment of acquittal on the firearm charge. Third, Deitz challenges the district court's refusal to make a downward departure in his sentence.
Deitz asserts that because the State of Arkansas dismissed the charges against him with prejudice, the federal prosecution based on the same conduct violates his right to be free from double jeopardy. The Fifth Amendment to the United States Constitution reads in part: "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb...." The district court found that Deitz had never been prosecuted by the State of Arkansas. Because "[t]he double jeopardy clause does not protect individuals from being indicted twice," the district court concluded that the federal indictment did not violate Deitz's Fifth Amendment right to be free from double jeopardy. We agree.
In Abbate v. United States, 359 U.S. 187, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959), the United States Supreme Court held that the Double Jeopardy Clause did not bar federal prosecution of defendants who had already been prosecuted for the same acts by the state. See also United States v. Woodard, 927 F.2d 433, 435 (8th Cir.) (federal and state crimes of drug possession are two separate offenses "notwithstanding the fact that the two charges are based on the same act"), cert. denied, --- U.S. ----, 112 S.Ct. 246, 116 L.Ed.2d 201 (1991). Dual sovereigns, deriving their power from different sources, enforce their own set of laws as independent sovereigns. See Abbate, 359 U.S. at 194, 79 S.Ct. at 670 (citing United States v. Lanza, 260 U.S. 377, 382, 43 S.Ct. 141, 142, 67 L.Ed. 314 (1922)). The mere fact that the State of Arkansas and the federal government both brought charges against Deitz does not amount to double jeopardy.
Deitz nevertheless argues that the actions of the state and federal governments amounted to a "sham prosecution" conducted in federal court thus voiding his conviction. See Bartkus v. Illinois, 359 U.S. 121, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959). In Bartkus the state government prosecuted the defendant after he had been acquitted on federal charges based on substantially the same set of facts. Upholding the propriety of the state prosecution, the Court noted that there had been no indication that the state had acted as a mere tool of the federal government in order to sidestep the prohibition against double jeopardy. Id. See also, United States v. Bartlett, 856 F.2d 1071, 1074 (8th Cir.1988) (citations omitted). Deitz has alleged no more than that the federal government admits it likely would not have brought federal charges had the prosecution been carried out at the state level, regardless of whether Deitz was convicted of the state charges. Deitz argues, in essence, that the federal government simply acted as a back-up prosecutor for the State of Arkansas when the latter failed to meet the state speedy trial time limits. Without more, such an allegation cannot prove the existence of a sham prosecution. Were this enough, almost every prosecution instigated by the federal government after a defendant had been indicted on state charges would be improper. Similarly, Deitz fails to support his assertion that "the reprosecution also violates the due process ban against vindictive prosecutions" with any facts whatsoever. We agree with the district court that Deitz was victim of neither a sham nor a vindictive prosecution.
Furthermore, Deitz was never prosecuted for the state charges, and thus jeopardy never attached. In fact, both parties agree that the federal charges were brought because the State of Arkansas had not prosecuted the state charges within the statutory time limits. Jeopardy does not attach until a jury is sworn, Lomax v. Armontrout, 923 F.2d 574, 576 (8th Cir.) (citing Serfass v. United States, 420 U.S. 377, 388, 95 S.Ct. 1055, 1062, 43 L.Ed.2d 265 (1975)), cert.denied, --- U.S. ----, 112 S.Ct. 60, 116 L.Ed.2d 36 (1991), and no jury was ever empaneled to hear the state charges filed against Deitz. While we recognize the uneasiness Deitz may have experienced during the time his state speedy trial clock was ticking, nervous anxiety alone, however severe, does not cause jeopardy to attach. We affirm the district court's refusal to dismiss the indictment on Double Jeopardy grounds.
Deitz also challenges his conviction on the firearm charge, asserting that he was entitled to a judgment of acquittal at the close of the evidence. Specifically, Deitz asserts that the government failed to introduce sufficient evidence to show he "used" a firearm "during and in relation to" the drug trafficking crime of which he was convicted. Because Deitz challenges the denial of his motion for judgment of acquittal on the sufficiency of the evidence, we must view the evidence in a light most favorable to the government. United States v. Bordeaux, 980 F.2d 534 (8th Cir.1992) (citation omitted). We will reverse only if a reasonable jury must have had reasonable doubt as to the existence of any element of the charged offense. United States v. Starcevic, 956 F.2d 181, 183-84 (8th Cir.1992) (citing United States v. Powell, 853 F.2d 601, 604 (8th Cir.1988)).
In challenging his firearm conviction, Deitz asserts that United States v. LaGuardia, 774 F.2d 317 (8th Cir.1985) should no longer be relied upon in determining when an individual "uses" a firearm for § 924(c) purposes. In United States v. LaGuardia this court held that "[t]he presence and availability in light of the evident need" may be sufficient to establish "use" under § 924(c). Id. at 321. The defendant in LaGuardia was convicted under an earlier version of the firearm statute, which prohibited the use of a firearm "to commit any felony." The current version, in contrast, prohibits use of a firearm "during and in relation to" a drug trafficking crime. Deitz argues that this difference renders LaGuardia inapplicable to firearm cases based on the new version of § 924(c). We disagree.
In United States v. Matra, 841 F.2d 837, 842 n. 8 (8th Cir.1988), this court held that because the firearm statute still contains the word "use," the standard enunciated in LaGuardia may be applied to the amended version of § 924(c) as well. See also United States v. Curry, 911 F.2d 72, 79 n. 6 (8th Cir.1990) ("Because the 'use' element has remained the same under the current version of § 924(c)(1), 'the LaGuardia case retains its precedential value.' ") (citing Matra, 841 F.2d at 842 n. 8), cert. denied, 498 U.S. 1094, 111 S.Ct. 980, 112 L.Ed.2d 1065 (1991). The jury heard evidence that drugs, prerecorded buy money, drug paraphernalia, and four loaded firearms were found at Deitz's house during the search. Two of the firearms were shotguns located in the bedroom, which was the same room where a large portion of the methamphetamine was found as well. One of the shotguns was a sawed-off one, fully loaded and operable. The officers also found a .38 caliber gun, a .22 pistol, a device for grinding narcotics, scales, cutting agents, and several "zip-lock baggies" in various locations throughout the house. Finally, the officers found the prerecorded buy money in varying amounts in the disk compartment of a computer, in Deitz's wallet, and on Deitz's person. Based on this evidence, the jury determined beyond a reasonable doubt that Deitz "used" a firearm "during and in relation to" the drug charge. Because Deitz challenges his conviction on the sufficiency of the evidence, our review is limited. See Starcevic, 956 F.2d at 184. Viewing the evidence in a light most favorable to the government and granting the government the benefit of all reasonable inferences to be drawn from the evidence, we find no basis upon which to disturb the conviction. We affirm.
Deitz also asks the court to adopt what he refers to as the "Lyman test" for the purpose of determining "use" under § 924(c). See United States v. Lyman, 892 F.2d 751 (8th Cir.1989), cert. denied, 498 U.S. 810, 111 S.Ct. 45, 112 L.Ed.2d 21 (1990). This court addressed a similar request in United States v. Curry, 911 F.2d 72 (8th Cir.1990), cert. denied, 498 U.S. 1094, 111 S.Ct. 980, 112 L.Ed.2d 1065 (1991), and declined to adopt the test enunciated in United States v. Feliz-Cordero, 859 F.2d 250, 254 (2d Cir.1988), and referred to in Lyman as the law of this circuit. We note that a panel of this circuit recently relied on Lyman to uphold a § 924(c) conviction where the defendant had the guns readily available for protection during the course of his drug operation. United States v. Boykin, 986 F.2d 270, 274-275 (8th Cir.1993). Without referring to the two-part Lyman test, the Boykin panel looked to "whether the placement of the gun or guns suggests that they would be quickly available for use in an emergency." Id. (citing Lyman, 892 F.2d at 754 n. 4). Deitz had a loaded, operable sawed-off shotgun readily available in the bedroom where several containers of drugs were stored. Boykin discusses a gun's general availability during an emergency, not the two-part Lyman test that Deitz urges us to adopt. As a result, we affirm Deitz's conviction on the firearm charge and see no reason to address his contentions regarding the Lyman test any further.
Finally, Deitz asserts that the district court erred in finding it lacked the authority to make a downward departure in Deitz's sentence imposed for the drug charge. Generally, a district court's decision not to depart from the Guidelines is unreviewable on appeal. United States v. Evidente, 894 F.2d 1000, 1003-05 (8th Cir.) (discretionary decisions not to depart are not subject to appellate review), cert. denied, 495 U.S. 922, 110 S.Ct. 1956, 109 L.Ed.2d 318 (1990); see also 18 U.S.C. § 3742(e). This court does, however, have jurisdiction to review a district court's determination that it lacks the authority to consider a particular mitigating factor in making a downward departure. United States v. Whitetail, 956 F.2d 857, 862 (8th Cir.1992) (citations omitted). In this case, Deitz requested a downward departure based on the potential disparity between the theoretical sentence he might have received had he been convicted in state court and the sentence he received as a result of his conviction on the federal drug charge. Deitz asserts that this potential disparity is a circumstance not adequately taken into consideration by the Guidelines. On this basis, he requested a downward departure in his sentence. See 18 U.S.C. § 3553(b); U.S.S.G. § 5K2.0. The district court refused to depart, specifically finding it lacked the authority to do so under the Guidelines. We agree with the district court and affirm Deitz's sentence.
Whether a potential disparity between an actual federal and a theoretical state-imposed sentence may be considered a "mitigating factor" under the Guidelines for departure purposes is an issue of first impression for this court. If, at the time of sentencing, federal courts were to take into consideration a potential state sentence based upon similar state-charged offenses, the Sentencing Commission's goal of imposing uniformity upon federal sentences for similarly situated defendants would be impeded, not furthered. Accord United States v. Vilchez, 967 F.2d 1351 (9th Cir.1992) (sentencing disparity between federal defendant and similarly situated state defendant not a proper basis for departure); see United States v. Haynes, 985 F.2d 65 (2d Cir.1993); U.S.S.G. Ch. 1, Pt. A(3). Indeed such an approach would fracture the uniform national system for sentencing a particular federal crime into one which would impose fifty potentially different sentence permutations for that same crime and it would create the very kind of sentencing disparity the Congress sought to avoid by creating the Sentencing Guidelines system. The Commission must have recognized the possibility that a defendant might be subject to prosecution in both a state and a federal forum for the same criminal activity. Choice of forum, however, is a decision that lies safely within the realm of prosecutorial discretion, and the Guidelines were not designed to make inroads into this exclusive territory of the executive branch. Haynes, 985 F.2d at 69-70. Rather, "[t]he Commission wrote guidelines for an existing system of criminal procedure; it almost certainly did not intend that decisions traditionally in the prosecutor's ken, and within constitutional bounds, be counterbalanced by a sentencing court." United States v. Dockery, 965 F.2d 1112, 1117 (D.C.Cir.1992); see also Haynes, 985 F.2d at 70 (disparity between state and federal sentence "is not the sort of atypical or unusual factor meriting departure").2 As a result, we hold that the possible discrepancy between state and federal sentences is a factor the Commission considered but chose not to account for in the Guidelines. The district court properly found it lacked the authority to depart from the Sentencing Guidelines on this basis. We affirm.
We hold that the district court properly denied defendant's motion to dismiss the indictment and his motion for judgment of acquittal on the firearm charge. We also hold that the district court properly concluded that it lacked authority to depart from the Sentencing Guidelines based on a possible disparity between the federal and a theoretical state sentence when imposing Deitz's sentence on the drug charge. Accordingly, we affirm both of Deitz's convictions and his sentences.
BRIGHT, Senior Circuit Judge, dissenting.
The appellant presents us with the interesting question of whether a federal district court possesses the power to adjust an offender's sentence in federal court under the special circumstances of this case.
As the majority observes, Deitz faced charges within the state system. These charges were dismissed with prejudice because Arkansas failed to timely prosecute the charges against him. The state prosecutor, having lost his case, turned the matter over to the federal prosecutor, who proceeded with the present prosecution.
Deitz now asserts, in effect, that he is penalized mightily by the federal prosecution. He contends another drug offender in his circumstances would receive a far shorter sentence in Arkansas state court than the three-year, five-month prison term to which he was sentenced in federal court, which the trial court added to the mandatory five-year term for the weapons offense.1 He asserts that, under these facts, the sentencing court should have the power to inquire, and then, if necessary, adjust the sentence for the drug conviction.
The majority rejects this assertion because, in its opinion, "the [Sentencing] Commission must have recognized the possibility that a defendant might be subject to prosecution in both a state and a federal forum for the same criminal activity." Ante, at 448. The majority cites no authority in support of this assumption, and I have found none.
The majority's actions here give rise to a larger issue: Shall the sentencing judge have some discrete power to ameliorate the federal prosecutor's abuse of power in circumstances such as exist in this case.
Under any sentencing regime, the discretion of law enforcement officers and prosecutors is immense in comparison to the limited discretion afforded sentencing judges.2 Law enforcement officials decide whom to arrest and when to do so. They also determine whether a case will be referred to state or federal prosecutors and, in joint task force actions, federal and state law enforcement officials make these decisions together. On occasion, the decision of where to prosecute is made for an improper reason.3
The length of time an offender will serve in prison may be the most important decision these officials make. Unfortunately, the decisions vary both from city to city and state to state, particularly with respect to drug cases.
Once a decision is made to prosecute an offender in federal court, the federal prosecutor decides when to charge whom with what. This process frequently results in offenders with like records and similar culpability receiving different sentences. The same phenomenon occurs with respect to plea agreements.4 The prosecutor decides whether to enter into a plea agreement with an offender and what the terms of the agreement will be.
Although the guidelines have dramatically limited sentencing judges' discretion, there has been little or no restraint on police and prosecutorial discretion. This is indeed unfortunate because a district court's actions are reviewable, while those of the police and prosecutors are not. The dean of administrative law scholars, Kenneth Culp Davis, a supporter of guideline sentencing, agrees that "[i]n the whole legal system, the worst pockets of injustice are clearly not in the federal or state courts, in federal or state legislative bodies, or in federal agencies. The worst pockets of injustice are probably in the activities of police and prosecutors." Kenneth Culp Davis, Administrative Law of the Eighties, § 9:1-3, at 280 (1989).
The instant case represents a typical example of how state and federal prosecutors abuse their otherwise unfettered powers. These prosecutors, in effect, thumbed their noses at the state judge who, according to this court's assumption, ordered the matter dismissed with prejudice because the state prosecutor failed to comply with the Arkansas speedy trial rule. The state prosecutor then persuaded the federal prosecutor to bring an indictment and prosecute this case. The two attorneys acted in concert to thwart an individual's rights under state law.
In a practical sense, the defendant who asserts rights granted under state law now faces increased penalties in a federal court.
Federal courts recognize and strongly support principles of federalism in the area of criminal law. For example, federal courts, in the name of comity, require exhaustion of state remedies, reject claims for procedural default, accept facts found by state courts, and, in a myriad of other ways, otherwise respect and abide by states' actions and rulings. Yet, the majority here permits both state and federal prosecutors to flaunt their abuse of Arkansas law and run roughshod over the defendant's rights. I say it's time for some braking activity by judicial oversight of federal prosecutors' awesome powers. And a good place to start is here in this case. The federal sentencing judge should have the discretion to correct a prosecutorial wrong by equitably adjusting Deitz's sentence to that which he would have received in the state court had the state prosecutor complied with Arkansas law. Such judicial power must be exercised if we are to preserve some fairness in our federal criminal justice system. Affording sentencing judges this discretion does not violate the Sentencing Guidelines, for the Commission, in a statement of policy, asserts: "[T]he Commission does not intend to limit the kinds of factors, whether or not mentioned anywhere else in the guidelines, that could constitute grounds for departure in an unusual case." U.S.S.G. Ch. 1, Pt. A4(b).
This is an unusual case. I would give the able trial judge, the Honorable G. Thomas Eisele, the power to ameliorate the unfair penalty by reducing the drug sentence below the guidelines, should he choose to do so.
The Honorable G. Thomas Eisele, Senior United States District Judge for the Eastern District of Arkansas
We note, once again, that Deitz was only prosecuted in federal court after the state charges were dropped. His argument, therefore, has even less merit than one in which the prosecutor chose a federal forum simply to obtain a longer sentence under the federal Guidelines. See Dockery, 965 F.2d at 1115 (U.S. Attorney "free to choose the federal track precisely because it carries the more severe sentences") (citation omitted)
Deitz is 49 years old and has no prior convictions. The sentencing judge indicated that he would depart downward from the Guidelines in the sentence were he free to do so
The Commission's guidelines for departure under section 5K1.1, which requires a motion by the government before a downward departure for substantial assistance can occur, only increase the disparity in discretion between prosecutor and judge
See, e.g., United States v. Stanley, No. 88-CR-499 (S-2) (E.D.N.Y. July 19, 1990) (downward departure due to government's use of threat of mandatory minimums to coerce guilty pleas), rev'd, 928 F.2d 575 (2d Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 141, 116 L.Ed.2d 108 (1991); United States v. Roberts, 726 F.Supp. 1359 (D.D.C.1989) (narcotics cases moved from D.C. Superior Court to federal court if no guilty plea after one year), rev'd sub nom., United States v. Mills, 964 F.2d 1186 (D.C.Cir.) (en banc), cert. denied, --- U.S. ----, 113 S.Ct. 471, 121 L.Ed.2d 378 (1992); see generally United States v. Brigham, 977 F.2d 317 (7th Cir.1992) (discussing role of mandatory minimums in plea negotiations); United States v. Harrington, 947 F.2d 956, 963-68 (D.C.Cir.1991) (Edwards, J., concurring) (discussing prosecutorial discretion in charging and plea bargaining and discretion given probation officers in recommending sentences under the guidelines)
The hidden disparity that results from prosecutorial discretion is clearly illustrated in the sentences received by participants of a conspiracy trafficking in narcotics in a series of cases that came before this court, discussed in United States v. Hammer, 940 F.2d 1141, 1142-48 (8th Cir.1991) (Heaney, J., concurring)


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Audio Digital Download from "Present at a Hanging and Other Ghost Stories - Mysterious Disappearan"
FROM Present at a Hanging and Other Ghost Stories by Ambrose Bierce Mysterious Disappearances - Running Time 00:16:20 Mysterious Disappearances: Three short tales of men who have vanished living their ordinary lives, sometimes in full view of witnesses; plus a short, probably fictional, description of a theory to partly explain these events. Contents (with beginning time): The Difficulty of Crossing a Field (00:32) An Unfinished Race (05:18) Charles Ashmore's Trail (07:50) Science to the Front (12:23) Ambrose Gwinnett Bierce (born June 24, 1842; died sometime after December 26, 1913) was an American editorialist, journalist, short story writer, fabulist, and satirist. Today, he is probably best known for his short story "An Occurrence at Owl Creek Bridge" and his satirical lexicon The Devil's Dictionary. His vehemence as a critic, his motto "Nothing matters" and the sardonic view of human nature that informed his work all earned him the nickname "Bitter Bierce". Despite his reputation as a searing critic, Bierce was known to encourage younger writers, including poet George Sterling and fiction writer W. C. Morrow. Bierce employed a distinctive style of writing, especially in his stories. His style often embraces an abrupt beginning, dark imagery, vague references to time, limited descriptions, impossible events and the theme of war. In 1913, Bierce traveled to Mexico to gain first-hand experience of the Mexican Revolution. While traveling with rebel troops, he disappeared without a trace. Digital Download in MP3 Format (Will play only on a MP3 Compatible Players, some players will not play MP3 files, before ordering please make sure the player you will be using will read MP3 files.)
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Present at a Hanging and Other Ghost Stories
by Ambrose Bierce
Mysterious Disappearances - Running Time 00:16:20
Mysterious Disappearances: Three short tales of men who have vanished living their ordinary lives, sometimes in full view of witnesses; plus a short, probably fictional, description of a theory to partly explain these events.
Contents (with beginning time):
The Difficulty of Crossing a Field (00:32)
An Unfinished Race (05:18)
Charles Ashmore's Trail (07:50)
Science to the Front (12:23)
Ambrose Gwinnett Bierce (born June 24, 1842; died sometime after December 26, 1913) was an American editorialist, journalist, short story writer, fabulist, and satirist. Today, he is probably best known for his short story "An Occurrence at Owl Creek Bridge" and his satirical lexicon The Devil's Dictionary. His vehemence as a critic, his motto "Nothing matters" and the sardonic view of human nature that informed his work all earned him the nickname "Bitter Bierce".
Despite his reputation as a searing critic, Bierce was known to encourage younger writers, including poet George Sterling and fiction writer W. C. Morrow. Bierce employed a distinctive style of writing, especially in his stories. His style often embraces an abrupt beginning, dark imagery, vague references to time, limited descriptions, impossible events and the theme of war.
In 1913, Bierce traveled to Mexico to gain first-hand experience of the Mexican Revolution. While traveling with rebel troops, he disappeared without a trace.
Digital Download in MP3 Format (Will play only on a MP3 Compatible Players, some players will not play MP3 files, before ordering please make sure the player you will be using will read MP3 files.)
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Q: Context Switching with kernel level threads Does Context switching becomes faster or slower with kernel supported threads as compared to user level threads.?

A: Generally, it does not matter. Process scheduler would perform the same set of operation in both the cases. The thread that is being swapped out or the thread that is being swapped in, could be user or kernel thread. This would not impact the time it takes to perform context switch. Context switch is the process of saving the current state of running process(various register values and other data structure,eg. PCB) and restoring the saved state of a  process(restoring various register values and other data structure,eg. PCB). All the storing and retrieving of the data is in the kernel space.
Context switch does not involve choosing the next process/thread to execute, that is the job of the process scheduler.

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Home Science Stephen Hawking, Yuri Milner Join Hands For Interstellar Mission
Stephen Hawking, Yuri Milner Join Hands For Interstellar Mission
Vikas Shukla
Interstellar missions could be a reality in our lifetimes. Renowned astrophysicist Stephen Hawking and Russian billionaire Yuri Milner have joined hands to send hundreds of butterfly-sized 'nanocraft' to our nearest star system Alpha Centauri under the Breakthrough Starshot initiative. The star system is located 4.37 light years or about 25 trillion miles from Earth.
Stephen Hawking says Earth might not last forever
Yuri Milner pledged $100 million to the mission that aims to take nanocraft far deeper into space than any existing probe has ever ventured. The nanocraft will be able to travel at 20% of the speed of light. That means it will reach Pluto in just three days instead of more than nine years. The plan was announced Tuesday at a press conference in New York. Facebook founder Mark Zuckerberg also sits on the board of the Breakthrough Starshot.
Stephen Hawking said in an email sent to reporters, "Earth is a wonderful place, but it might not last forever." Sooner or later, we have to look to the stars. Yuri Milner said all the technology needed to get a nanocraft to Alpha Centauri either already exists or will soon be developed. The butterfly-like spacecraft would rely on a technology that uses light to propel an object into space.
The nanocraft will carry power supply, cameras, photon thrusters, navigation and communication equipment. If everything goes as planned, a rocket would deliver a "mother ship" carrying thousands of tiny probes to space. From there, the probes will unfold their ultra-thin Lightsail. They will be propelled by a powerful Earth-based laser beaming structure.
About half a lifetime away
Scientists hope the tiny probes will be able to explore Alpha Centauri and other nearby star systems, studying their planets and looking for signs of life. But initially the probes will visit targets within our solar system, said Harvard University theoretical physicist Avi Loeb. Loeb is also chairman of the Breakthrough Starshot Advisory Committee. Jupiter's icy moon Europa and Saturn's moon Enceladus could be among the first batch of targets.
Even if everything goes as planned, it will take about 50 years for these probes to reach other star systems and start sending data back to Earth. Yuri Milner and Stephen Hawking estimate it would take 20 years to get the mission off the ground. Once launched, it will take the nanocraft another 20 years to get to Alpha Centauri. After that, we will have to wait for another four years before data from outer space starts reaching home.
Yuri Milner
http://vikshukla.com
Vikas Shukla has a strong interest in business, finance, and technology. He writes regularly on these topics. - He can be contacted by email at [email protected]
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HomeCollectablesSaturday's Top Items! Including An ULTRA RARE Italian Beatles LP, A Limited Edition Japanese Prince CD And A Rolling Stones 60's Classic On Vinyl!
Stunning original Italian 'With The Beatles' LP issued in February 1964 on the incredibly rare red Parlophon label in the legendary unique fully laminated flipback picture sleeve. Normally this album is found in poor to fair condition at best, but this copy is far better & whilst not mint, is still in a very respectable VG/VG- condition – A nice copy of this very rare pressing at an advantageous price.
Original 1989 limited edition Japanese 9-track soundtrack CD album, housed in a glossy embossed circular black tin. Includes two circular booklets – one with movie stills and one with Japanese lyrics.
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Dragon Ball Z: Battle of Z is Coming West in January
by Brandon Orselli | @brandonorselli on October 25, 2013 at 9:32 PM, EDT
Namco Bandai has confirmed that their upcoming Dragon Ball Z game, Dragon Ball Z: Battle of Z, is coming westward on Playstation 3, Xbox 360 and even Playstation Vita.
The western release date is January 28th of next year, and the home console versions will be getting a physical release, while the Vita version is digital only.
Dragon Ball Z: Battle of Z is a new fighting game in the popular franchise, although it's not developed by the regular team (Spike), rather it's by Artdink, the guys behind various Gundam and Macross games.


Pretty much everyone who's ever come into contact with a videogame -- and a large percentage of people who haven't -- have at least heard the name "Mario." With a reach that stretches beyond his "home system" -- not the Milky Way galaxy, but the media success known as Nintendo -- Mario has quite a history, from the earliest days of arcade machines in pizza parlors to the Nintendo home game systems (the most recent being the GameCube) that are now in millions of homes.
Check out these statistics. Back in 1991, computers were in only 15 percent of U.S. homes, yet Nintendo's NES game system was in 33 percent. This year, 25 million of the newest Nintendo gaming units (GameCube and the portable GameBoy Advance) were sold, and continue to be available at such local outlets as K-Mart, Wal-Mart, Target, and Best Buy. That's a lot of house calls for Dr. Mario.
It all began with Shigeru Miyamoto, who grew up in Sonebe, Japan. An avid artist even as a kid, Miyamoto spent much of his childhood sketching, painting, constructing models, and crafting puppets and flipbooks as well as exploring the local forests and caves around his home.
In 1970, Miyamoto went to college, but he wasn't the best student. It took him five years to graduate with a degree in industrial design because he spent most of his time daydreaming, continuing his artistic hobbies, and teaching himself to play the guitar.
Like many graduates, Miyamoto found himself jobless in 1977. His father helped him get a job through an old family friend who was the then president of the Nintendo company, a Japanese firm that was, at that time, working to break into the American coin-operated arcade business, and not doing so well. Their early efforts -- the games Space Fever and Sheriff -- were nowhere near hits. Their Radarscope game got a little bit of attention, which Nintendo promptly squandered by over-ordering units of the game. Nintendo was in dire straits, and all of their best designers were preoccupied with more important Japanese projects.
It was Miyamoto's big chance.
Desperate, the company president turned to the young artist with a request to design an arcade game that would catch the eyes -- and coins -- of Americans. Ever creative, Miyamoto devised a storyline involving an escaped gorilla and a kidnapping at a construction site. The hero of this game was crafted so that the gamers could relate to him: a pudgy carpenter named "Jumpman," with wide eyes and a bulbous nose, bright red overalls and cap, and a mustache.The gorilla was named Donkey Kong, which Miyamoto believed translated into "silly" or "stubborn" in English. When the game – also dubbed "Donkey Kong" – was ready for release in 1981, Jumpman was renamed Mario, Donkey Kong became the fastest selling arcade game ever, and the Mario legacy began.
A couple of years later, in 1983, Mario became the star of his own stand-up arcade game, Mario Brothers, in which he graduated from carpenter to plumber along with his "new" brother, Luigi, and a host of pixellated pests that included crabs, turtles, and fireflies. The game was a moderate success, appearing in arcades and pizza parlors across the country, even in the slow-to-catch-on Midwest.
Meanwhile, Nintendo had released the "Famicom," or Family Computer home console in Japan, had offered up the NES System (the "original" Nintendo console) to North America for a test run, and had assigned Miyamoto to head up Nintendo's R, a new development project whose mission was to create the most inventive video game ever made. That game was Super Mario Brothers, which Miyamoto crafted from his earlier childhood cave and nature expeditions.
Light years from "Pong" (but still very primitive compared to today's standards), Miyamoto's Super Mario Brothers offered up a colorful mushroom world that also featured side-scrolling, which had never been seen before. Cute, appealing, and non-violent (unless you count animated magical creatures toppling over), Mario appealed to the adult demographic just as much as kids.
Combined with the NES home system, Super Mario Brothers spent the tail end of 1985 as a huge hit and a popular Christmas gift that was as often played by parents and older siblings as it was by the kids who received the game in the first place. Demand for more Mario picked up quickly, and by 1988, Super Mario Bros. 2 - with its additional Princess and Toad characters, plus cacti, vegetables and potions. Super Mario Bros. 3 followed next, suiting up Mario in special suits, including the Frog and Sledgehammer suits, that gave him new abilities. A national survey taken in 1990 found that Mario was more recognizable among American kids than Mickey Mouse. Now that's Mario power.
Next up for Nintendo was the Super Nintendo console - and you can bet that Mario would be invited to the party. The flagship game for Super Nintendo was, appropriately, Super Mario World, with the Super Nintendo consoles in such demand that there were near riots at some stores when not enough units were shipped, causing shortages for eager shoppers.
And Mario would move into three dimensions when Nintendo dropped their Nintendo 64 system several years later. Super Mario 64 was actually pivotal in selling the game systems; Nintendo's system sales grew to four million by the end of 1996 based on one little red-overall-clad plumber and his newest game.
With the translation of Mario and pals to 3D, Nintendo and Miyamoto's distinctive approach to game design was even more solidified. Nintendo kept the bar high for such competing consoles as Playstation, Sega, and Dreamcast, continually developing more sophisticated games. But it's Mario who remains both the workhorse and the king.
A priceless asset to Nintendo, Miyamoto's Mario has branched out like crazy. He may just be a plumber, but he sure has a lot of extracurricular interests. Over the years, Mario has taken turns as a painter (Mario Paint), a physician (Dr. Mario), a race car driver (Mario Kart), and an athlete (Mario Golf and Mario Tennis), and quite the party animal (the entire series of Mario Party games, which as of this date number five).
He's starred on the cover of Nintendo Power magazine 18 times - far more than any other character. He's even expanded his appeal far beyond the TV screen - if you haven't actually played a Mario game, chances are you've seen his cartoons or his movie, or have seen his likeness on plush dolls, cereal, t-shirts, lunchboxes, housewares, books, ice cream, and so much more - the list is endless.
Some gamers even purchase all of the Nintendo console systems, from NES to GameCube, in order to own the Mario games in all their configurations. You can even take traveling Mario with you wherever you go with his special games for the Game Boy, Game Boy Color, and Game Boy Advance. In the last 20 years, over 160 million Mario games have been sold. And more Mario is on the way.
With the launch of Nintendo's newest game system - the GameCube - came Super Mario Sunshine, which positions Mario in a brighter, even more detailed world that is again proving to be a guilty pleasure for adults just as much as a fun pastime for kids. And now that the development time for games has been streamlined (Super Mario Sunshine took only a year and a half to develop, compared to the three years that passed between Super Mario Brothers 2), the key designers of the Mario series have been divided into several teams in order to introduce Mario games with even less lag time between releases.
Mario has a long life ahead of him - he's the Tom Cruise, the Mick Jagger of the gaming industry - but Tom and Mick probably wouldn't look half as cool in Mario's red overalls.


>>>> unreferenced and are kept referenced via ThreadGroups.
>>>> that a cleaner (or similar) should be registered for each thread .
>>> Thread can never be cleaned. A dead thread has nothing to clean!
> always be strongly reachable.
>>>> being called by the finalizer thread is moot.
>>>>>>>>>>> its uses too see if they can be removed or mitigated.
>>>>>>>>>> how do Cleaners support such usages?
>>>>>>>> not only deprecated but obsoleted (it no longer does anything).
>>>>>>>> So until then is there actually any point in doing anything?
>>>>>>>> it aid in the transition?
>>>>>>> and not guaranteed to be executed.
>>>>> threads. But for cleaning-up independent resources this should work.
>>>>>>> and it should be free to use whatever mechanism is appropriate.
>>>>>>> does not give it that freedom.
>>>>>> give them a workable replacement.
>>>>>>> finalization in the JDK.
>>>>>>> override finalize; so it may be a non-issue.
>>>>>> we provided that alternative.
>>>>>> migrate to the new mechanism going forward.
>>>>>> then call super" (presumably by overriding shutdown() instead).
>>>>>> as we remove it from Object).


text:
package com.salesfront.commons.shared.model.v20150831.policy.managed;

import javax.xml.bind.annotation.XmlAccessType;
import javax.xml.bind.annotation.XmlAccessorType;

/**
 * Created by ahtremblay on 2015-12-18.
 */

@XmlAccessorType(XmlAccessType.FIELD)
public class UserSelfAccess extends ManagedPolicy {
    private String userSrn;

    public UserSelfAccess(String userSrn) {
        this.userSrn = userSrn;
    }

    public UserSelfAccess() {
    }

    public String getUserSrn() {
        return userSrn;
    }

    public void setUserSrn(String userSrn) {
        this.userSrn = userSrn;
    }
}

redpajama_set_name: RedPajamaGithub


text:
Leatherwolf
Leatherwolf (1981-1992, 1999-present): a Heavy Metal band from Huntington Beach, California, USA.
eatherwolf was founded by high school buddies Michael Olivieri (vocals/guitar), Geoff Gayer (guitar), Carey Howe (guitar), Matt Hurich (bass) and Dean Roberts (drums). Described as a US leather clad hair band, Leatherwolf debuted in 1985 with the 5 track mini-album Endangered Species. This set was enough to attract UK label 'Island' who released all of their following albums. It was also only a short time after when Paul Carman replaced Matt Hurich.
Confusingly, this act had two self-titled albums at the start of their career, both completely different, the first being Leatherwolf (1984). It wasn't until the self-titled Leatherwolf (1987) by producer Kevin Beamish (REO Speedwagon) that they appeared as a blip on music radar. This album had a very commercial approach, even featuring an adequate cover of C.C.R.'s Bad Moon Rising. The album made US top 100 but it wasn't enough to beat the pop pack. But it was the commercial failure of their 1989 Street Ready release that would finalize their fate. It featured a harder, yet still accessible sound and made a clear serious attempt at targeting the pop/heavy metal crossover market. It showed an effort at generating their own identifiable sound and featured an impressive second track Thunder. It also was the debut for Paul Carman (bass). Unfortunately it failed to achieve significant ratings and they broke up almost immediately after. An attempted reformation in the late 1990s has thus far failed to produce popular results with only the release of their first live effort Wide Open (1999) resulting under the Street Ready line-up, except Chris Adams on vocals.
World Asylum (2006), New World Asylum (2007) and the live set, Unchained Live (2013), would follow featuring Michael Olivieri (vocals/guitar/keyboards), Patrick Guyton (bass/backing vocals), Carey Howe (guitars),Greg Erba (guitars) and Dean "Drum Machine" Roberts (drums). Rob Math would join on guitars in 2011. In 2019 a large change would occur with Keith Adamiak assuming vocals, Geoff Gayer returning on guitars and Paul Carman back on bass.
Vintage picture of Leatherwolf
Nation USA
City Huntington Beach, California


text:
INDEX TO RELIGIOUS COMMUNITIES
ADVERTISING IN VISION ' 13
(CONTINUED FROM PAGE 169)
LOG ONTO VOCATIONNETWORK.ORG to easily request infor- mation from any of the religious communities advertising in VISION VOCATION GUIDE. Listings in Spanish and French also available online.
VOCATIONNETWORK.ORG
CONFUSED about which community might be right for you? Fill out a profile at VOCATIONMATCH.COM and narrow your vocation search.
VOCATIONMATCH.ORG
Women's (continued)
271 Order of the Sacred and Immaculate Hearts of Jesus and Mary, p. 156
201 Our Lady of Victory Missionary Sisters, p. 117
435 Pallottine Missionary Sisters, p. 111
433 Pallottine Sisters, p. 94
292 Parish Visitors of Mary Immaculate, p. 60
047 Passionist Nuns, Ellisville, MO, p. 157
438 Poor Clares, Jamaica Plain, MA, p. 25
048 Poor Clares, Langhorne, PA, p. 115
359 Poor Clares, Travelers Rest, SC, p. 157
444 Poor Clares, Wappingers Falls, NY, p. 157
049 Poor Handmaids of Jesus Christ, p. 157
336 Redemptoristine Nuns, p. 157
414 Religious of Jesus and Mary, p. 50
273 Religious of the Sacred Heart of Mary, p. 157
051 Religious Teachers Filippini, p. 61
117 Salesian Sisters, p. 13
052 School Sisters of Notre Dame, p. 158
053 School Sisters of St. Francis, Milwaukee, WI, p. 158
357 School Sisters of St. Francis, Pittsburgh, PA, p. 158
140 School Sisters of St. Francis of Christ the King, p. 88
054 Servants of the Blessed Sacrament, p. 158
055 Servants of the Holy Heart of Mary, p. 158
187 Sisters, Servants of the Immaculate Heart of Mary, Immaculata, PA, p. 34
258 Sisters, Servants of the Immaculate Heart of Mary, Monroe, MI, p. 87
059 Sisters of Charity (Federation), p. 158
060 Sisters of Charity of St. Joan Antida, p. 159
296 Sisters of Charity of the Blessed Virgin Mary, p. 159
061 Sisters of Charity of the Incarnate Word, Houston, TX, p. 159
212 Sisters of Christian Charity, p. 17
264 Sisters of Loretto, p. 160
356 Sisters of Mary Reparatrix, p. 160
063 Sisters of Mercy of the Americas, p. 93
244 Sisters of Nazareth, p. 46
064 Sisters of Notre Dame, p. 160
065 Sisters of Notre Dame de Namur, p. 38
366 Sisters of Our Lady of Sion, p. 160
066 Sisters of Providence, Holyoke, MA, p. 160
068 Sisters of Providence, Saint Mary-of-the-Woods, IN, p. 161
067 Sisters of Providence, Seattle and Spokane, WA, p. 14
213 Sisters of Saint Francis, Rochester, MN, p. 98
181 Sisters of Saints Cyril and Methodius, p. 124
171 Sisters of St. Agnes, p. 87
071 Sisters of St. Casimir, p. 96
085 Sisters of St. Francis, Sylvania, OH, p. 66
287 Sisters of St. Francis, Tiffin, OH, p. 164
072 Sisters of St. Francis of Assisi, p. 95
252 Sisters of St. Francis of Mary Immaculate, p. 22
142 Sisters of St. Francis of Penance and Christian Charity, Holy Name Prov., p. 162
073 Sisters of St. Francis of Perpetual Adoration, Western Prov., p. 162
139 Sisters of St. Francis of Philadelphia, p. 162
279 Sisters of St. Francis of the Immaculate Conception, p. 23
294 Sisters of St. Francis of the Neumann Communities, p. 162
075 Sisters of St. John the Baptist, p. 51
024 Sisters of St. Joseph (Federation), p. 43
441 Sisters of St. Joseph of Cluny, p. 18
227 Sisters of St. Joseph of Peace, p. 99
154 Sisters of St. Joseph of the Third Order of St. Francis, p. 46
348 Sisters of St. Mary of Namur, p. 163
163 Sisters of St. Rita, p. 163
076 Sisters of the Blessed Sacrament, p. 124
277 Sisters of the Divine Compassion, p. 163
315 Sisters of the Divine Savior, p. 19
269 Sisters of the Holy Cross, p. 123
036 Sisters of the Holy Family, p. 35
155 Sisters of the Holy Family of Nazareth, p. 97
079 Sisters of the Holy Redeemer, p. 42
329 Sisters of the Humility of Mary, p. 58
274 Sisters of the Incarnate Word and Blessed Sacrament,
Corpus Christi, TX, p. 93
173 Sisters of the Living Word, p. 153
318 Sisters of the Precious Blood, p. 50
327 Sisters of the Presentation of the Blessed Virgin Mary, Dubuque, IA, p. 165
215 Sisters of the Resurrection, p. 26
165 Sisters of the Sacred Heart of Jesus, p. 165
034 Sisters of the Sorrowful Mother, p. 23
081 Sisters of the Third Order of St. Francis, p. 121
367 Sisters of Transfiguration Hermitage, p. 165
223 Society of Helpers, p. 165
261 Society of St. Teresa of Jesus, p. 123
172 Society of the Holy Child Jesus, p. 90
415 Trappistine Cistercian Nuns, p. 166
369 Trappistine, Cistercian Nuns, Whitehorn, CA, Redwoods
Monastery, p. 166
311 Ursuline Sisters of Cleveland, p. 166
222 Ursuline Sisters of Mount St. Joseph, p. 166
218 Ursuline Sisters, Roman Union, p. 167
086 Visitation Sisters of Minneapolis, p. 167
049 Associate Community of the Poor Handmaids of Jesus
Christ, p. 167
of consecrated life
049 Fiat Spiritus Community, p. 167
Secular institutes
347 Caritas Christi Secular Institute, p. 167
360 Don Bosco Volunteers, p. 167
147 United States Conference of Secular Institutes, p. 167


text:
About Steve Emmert
Newly Amended Rules
VA Supreme Court Deadlines
Appellate Essays
SCV Opinion & Analysis
SCV Unpublished Orders
CAV Opinion & Analysis
4th Cir. Opinion & Analysis
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CAV AFFIRMS TWO CRIMINAL CONVICTIONS,
ONE CUSTODY RULING
Today, August 16, 2005, the Court of Appeals of Virginia affirms convictions in two criminal appeals. The court also issues a lengthy affirmance in a child custody contest between a child's natural father and grandfather.
Before 1999, the general rule in criminal cases was that a victim who was going to testify at trial was subject to being separated, or excluded from the courtroom at all times other than when he was actually on the witness stand. In that sense, the rule comported with the practice in civil cases.
But in 1999, in order to address a perception of unfairness to victims, the General Assembly amended the statutes in such a way that the victim of a crime was thereafter presumed to be permitted to stay in the courtroom throughout the trial, even if he was to testify. Code (1950) §19.2-265.01. Only if the court determines that the presence of the victim would impair the fairness of a trial can the presumption be overcome and the victim excluded from the courtroom.
Today the Court of Appeals affirms a trial court's decision to permit a victim to remain in the courtroom over the defendant's objection. In Hernandez-Guerrero v. Commonwealth, the defendant was one of several defendants charged in an attack that left one victim dead and another seriously injured. The defendant argued that the exception applied in this case, because the victim would be permitted to hear the testimony of others before taking the stand, thus creating the possibility that his testimony could be shaped by the stories of others, instead of coming from his own recollection. The appellate court agrees with the trial court that this assertion is insufficient to trigger the exception: "To support a claim of unfairness . . . a defendant must proffer to the trial court facts which, if true, would make the victim witness uniquely vulnerable to being manipulated, consciously or not, by the suggestive power of other witnesses' testimony." (Emphasis supplied) Here, the defendant offered only generalized arguments that failed to meet this threshold.
In the other criminal case decided today, the court affirms a conviction obtained in part by the use of adoptive admission testimony. In Lynch v. Commonwealth, the defendant was implicated in a robbery and murder by a witness who heard one perpetrator talking about the crime while the defendant was outside the house in which the conversation took place. Near the conclusion of the perpetrator's story, the defendant walked up the stairs, saw the conversation going on, and asked the perpetrator, "Why are you telling them what we just did?" Over defendant's objection, the witness was permitted by the trial court to recite the perpetrator's entire statement, including those portions that were made when the defendant was unquestionably out of earshot.
On appeal, defendant argued that the adoptive admission doctrine only applied to situations where the defendant heard and understood the statement. Since the witness' testimony put the defendant elsewhere, defendant could not be held to have "adopted" portions of the statement, including the crucial assertion, "We just shot a lady," that occurred while he was outside. He contended that in order to permit such testimony, the Commonwealth must "clearly show" that the statement falls within an exception to the hearsay rule. Where the evidence of defendant's presence was unclear, such evidence should be excluded.
Today, the appellate court finds that the evidence was properly admitted as an adoptive admission. The court distinguishes cases where admissions were held to be passively "adopted " (by silence in the face of an accusation) from this situation, where the evidence showed that the defendant made an affirmative statement acknowledging the story. It also finds that, despite the requirement that the proponent of hearsay "clearly show" that an exception applies, the standard of proof for such a finding is a preponderance of the evidence, not clear and convincing, as the defendant had argued.
The court's decision is authored by Judge Humphreys, joined by Judge Clements. Judge Benton issues a dissent, finding that the admission of the evidence was both erroneous and prejudicial.
In two consolidated appeals, the court affirms a trial court's orders in reciprocal petitions by the father and grandfather of a now seven-year-old girl whose mother died in 2001. The child was the product of an adulterous affair; the father left his wife shortly before the child was born, and was never married to the child's mother.
The mother was diagnosed in 1999 with terminal cancer. Before her death, the parties initiated proceedings in a South Carolina court to determine custody and visitation issues that would apply after the mother's passing. That litigation resulted in the entry of a consent order that was unfortunately lacking in specificity in several key areas.
After the mother died, the grandfather assumed primary physical custody, with joint legal custody shared by the father and grandfather. The goal stated in the consent order was for the child eventually to be reunited with her father.
Three months after the mother died, the father began filing motions and petitions in juvenile court in Fairfax, where the grandfather and child then lived. The petitions sought first visitation, and then custody, of the child. The grandfather responded by filing his own petition for sole legal and full physical custody. Over the next 18 months, the court conducted several hearings, culminating in the entry of a consent order in June 2003 that essentially retained the previous custody and visitation status. Despite the fact that this order was by consent, the father appealed to Circuit Court.
That court conducted a seven day ore tenus hearing, eventually ruling in July 2004 that joint legal custody would remain, but that physical custody would be transferred to the father, due to a change in circumstances since the South Carolina decree was entered. Both litigants appealed; the result is today's ruling in Denise v. Tencer.
The appellate court's analysis is detailed, and merits careful review by those litigating grandparents' custody and visitation cases. It begins with a discussion of the jurisprudential context of grandparents' rights, noting that they do not enjoy the same preferential treatment under the law as parents. But the court distinguishes several recent holdings, given the history of the case, specifically including the grandfather's extensive role in raising the child in the years following her mother's death. It holds that the trial court correctly afforded this grandfather an enhanced legal position, precisely because he had been entrusted with custody; the father had twice consented to such custody, tacitly or explicitly acknowledging the grandfather's fitness; and the grandfather was acting in the child's best interests.
Since this was an effort by the father to modify an existing custody order, he bore the burden of proving (1) a material change of circumstances and (2) that the best interests of the child required a change of custody. The mother's death was specifically contemplated by all parties at the time of the original South Carolina order, so that factor did not tilt the balance in favor of the father on legal custody.
The grandfather appealed the court's award of primary physical custody to the father on the basis of several evidentiary rulings, notably including the failure of the father to disclose information in discovery. The Court of Appeals notes that the grandfather did not move to compel such information under Rule 4:12 in the Circuit Court, so it declines to reverse the trial court's decision to permit the challenged testimony.
There are three lessons from this case for practitioners. First, the status of a non-parental legal custodian is stronger than you might think. The holding that the grandfather is entitled to a greater consideration in this case than he would in an original proceeding is the most important legal holding in the case, occupying several pages of the opinion. Second, in discovery matters, it is not enough to request information; it is not even enough to object when your opponent fails to disclose what you have requested. You must (1) move to compel and (2) get a ruling on that motion, in order to prevent a waiver of the argument on appeal. Of course, the better course, with all sorts of discovery disputes, is to resolve them without going to court. And third, this saga offers a lesson in tragedy reminiscent of the recent case involving Terri Schiavo in Florida. Whether she stated her wishes in detail before her death or not, it is abundantly clear to this writer – and it should be to the litigants here as well – that the mother of this child would not have wished this type of childhood for her daughter. It is a reminder to update your wills; to make your wishes known in a clear and unambiguous way; and to hug your loved ones, every day.
← 4th Issues Soc. Sec. Att'y Fee Ruling	Sept. 1 Marks Beginning of Courts' Terms →
Virginia Appellate News & Analysis © 2005 – 2015


My boyfriend and me stayed at dragon hut resort for 6 nights and we loved it. After 3 weeks of traveling in Thailand, we choose dragon hut resort for one week of chilling. We could have not found any better place on koh phangang for this occasion. Dragon hut resort is sharing a small beach with one other resort, which is not busy at all. Sometimes we were all alone at the beach. We stayed in a new bungalow which was very clean and big, with a balcony looking over the sea (great spot to enjoy the sunset). The bungalow was the best one we had during all our travels in Thailand. Also the bathroom was very clean and brad new (with a great, strong shower). But not only the bungalows and the great location at the small beach make dragon hut a perfect resort. The owner, Lung is one of the most friendly Thai we met. He treats you as his friend, takes the time to chat with you and makes you feel comfortable at his resort. It was a unique experience for us, to see the owner of the resort taking care of everything. Lung is also a very good cook. He takes his time to prepare the food, but at the end it was always well worth the wait. Everything was fresh and super delicious. Lung also gave us free authentic Thai treats to proof, which were lovely. I can just highly recommend dragon hut resort for everyone who is looking for some relaxing time and a unique Thai experience.
Our stay at Dragon Hut made our holiday! The rooms have everything you need and are clean. The location is peaceful and you would need transport to get around like most places in the island. The views are stunning. The people who run the hotel are wonderful and were so helpful, accommodating, and friendly, we were treated like family, something money cant buy! This holiday was by far my best, highly recommended!! I will be returning.
Very pleased with the service and surprised how easy it was. would use again.


On Thursday, August 30, 2018, a third hemp training event will be held for law enforcement in Kinston, NC. Two previous Law Enforcement Hemp Training opportunities were held across the state to provide information and resources to members of law enforcement and their staff in June.
This event is only open to law enforcement and their staff, but we are encouraging licensees and the NC hemp industry to notify their local law enforcement offices about this third training. Working together with law enforcement is vital for the program's continued success.
Law enforcement inspects a hemp sample during a training event in Salisbury, NC in June.
Speakers and presenters will include Industrial Hemp Commissioners, compliance personnel from the N.C. Department of Agriculture & Consumer Services (NCDA&CS) and NC State University researchers.
Lunch will be provided and an optional tour of a local hemp farm will take place after the training event.
For information about this training and for the link to register for the event, please email the program at IndustrialHemp@NCSU.edu.


We're excited to announce that we have appointed two new members to our Educator Advisory Board: Jo Boaler, Professor of Mathematics Education at Stanford University, and Jim Burke, English Teacher at Burlingame High School in California. With the additions of Boaler and Burke, NextLesson has the recognition and support of subject-area experts in Mathematics and English Language Arts. They will provide direction and feedback on our curriculum, content strategy, sales and marketing to support K-12 education.


In today's world, to take advantage of the internet is a blessing. But it is also getting more complex and complicated to be able to garner an advantage through full SEO optimization. Such a type of feature is vital as it is what is required to be able to rank higher in search engines. The accessible instigation offered by such a type of apparatus ranking, can help in the advancement of one's search engine ranking so that they can start to attract the best quality traffic that might in turn result in a few sales and services. Every company that has an online web presence knows that to be able to attract the best volumes of kind trellis traffic sow the seeds of the foundations of a well optimized business.
One of the best ways to take advantage of various search engines is through the amount of Link building and seo link building activities that are being undertaken. Many SEO companies undertake such a type of incorporation of link-building or reciprocal linking as a further beset to gather the best possible results in search engines. The greater the number of articles and blogs or even web content that is being submitted to the various article bases, the better the chances you have of garnering the best link building services. The interlock services proposition entails trying to post one's articles on the best dashboards on the internet so that not only will they have the greatest number of backlinks, but they will also have the most efficient posts.
Many seo service companies try to take advantage of such a type of situation and make use of various automated article submitters, but Perimeter Computers has a manual set of staff that is competent and makes use of various methodologies and other techniques to accrue the best online collaboration. We provide a link building campaign that underlines the importance of seo link building services while at the same time also being able to provide completely white hat methods that do not incorporate any illegal procedures. At Perimeter Computers, we undertake everything that is held in relation to link building optimization such as mortise Exchange, Three Ways Linking, Directory Submission, Articles writing, Articles submission, banderol Links, family Page Linking among others.
With our wide array of seo link building, seo link building services, link building campaign and one way link building campaigns, w have a completely satisfied customer base and constantly strive to outdo ourselves.
To learn more about our various link building services, contact us today.


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Home » Blog » Quantifying Cyber Risk in Retail
Quantifying Cyber Risk in Retail
by Mighty Guides | Mar 29, 2019
In retail, protecting customer data is more than a regulatory requirement: It is good business. Research shows that customers are willing to spend more money, and experience greater satisfaction, with retailers they believe do a good job of protecting their personal information. Additionally, with the rise of online shopping, retailers have more to lose from a disruption of those systems – loss of customers because the brand of the company could be tarnished is at risk.
But retailers have complex environments that include facilities, supply chains, payment systems, and a lot of mobile device connectivity. This makes it difficult to prioritize their security efforts. One way to do that is to quantify their data risk and give highest priority to protecting data that poses the greatest risk to the business.
The first steps in this process involve identifying cyber risks that pose the greatest danger to the business. This could include risks to systems and data. So what are the assets in retail that require the greatest protection? Most experts agree that these are the digital assets that go to the heart of retailing, things that if disrupted would impact customers, products, and transactions. Phillip Miller, chief information security officer (CISO) at Brooks Brothers, stresses the importance of basic operational data. "Underpinning all security decisions is the need to protect data from exfiltration while providing maximum flexibility for the use of that information to further the commercial goals of the retailer."
Others in the industry, also emphasize risks associated with platforms that support a broad range of retail operations. Mazin Finjan, senior manager of security operations at Finish Line, says, "Most retailers think of cyber risk as anything impacting supply-chain security and product or marketing innovation."
Aladdin Dandis, information security manager at Souq.com, views risk from an online-retailing perspective. He points to risks of compromised order-management systems that control pricing, cancellation, payment, returns, and refunds. However, at the top of his list is customer data. "Customer data is the highest risk through leaks, compromised accounts, spoofing, and other misuse," he says. "This is high risk when compromised accounts use the same credentials in social media and other retail websites."
Javier Garcia-Romanillos, information security officer at Carrefour Spain, agrees that customer data presents the greatest risk to the business, but for different reasons. "The greatest risks are customer data and availability of online selling platforms," he says. "The risk around customer data is now enhanced by the use of big data. Retail has significant information about customers, from interests to habits and economic situation. Any data loss or leakage is a significant risk. Online presence is also quite important. The online platform needs to be available 24/7. If it is not, customers will go elsewhere."
It's also important to classify assets with risk in mind. "Data classification provides guard rails for what level of security must be in place," Miller explains. "Sensitive data, customer information, and datasets with contractual or regulatory needs for protection will have the strictest governance. Increasingly it is possible to apply high standards, encryption, data-loss prevention and zero-trust principles to more data types as the costs for doing so fall."
Garcia-Romanillos points out that data classification is not always so easy. "In retail there is still a lot of work and awareness needed around the data and its importance," he says. "Even the ownership is sometimes questioned across the organization because depending on the moment, the information may be owned by one department and afterwards transferred to another department. That said, some information is easily classified, but some is quite difficult to assign a risk level. That is why the role of data officer is so important."
Finjan notes that risk classification has business implications. "Accepting risk and the risk model is a business decision and therefore you have to explain what the risk landscape is and how much risk your decision-makers are willing to accept."
Retailers use a number of approaches to quantifying risk. As Finjan explains, many consider potential lost revenue. "Depending on the business model, most retailers look at data risk in terms of revenue loss," he says. "Whatever impact it will have on revenue is added to a list of short-term or long-term mitigation strategies." Garcia-Romanillos says that a standard framework can be helpful in quantifying risk. "Quantifying cyber risk is difficult and requires some time and effort across all the organization. The best method is to perform risk analyses by processes using best practices and methodologies such as ISO 27000." Aladdin Dandis, considers a number of factors. "We do internal analytics to assess the exposure, and we look at other factors including fraud detection, threat intelligence, and other data." Establishing a risk framework that incorporates all of these components is critical and then leveraging tools that support a risk scoring model allows security teams to communicate with retail business executives in terms they can understand.
Miller points out that there are a number of use and regulatory considerations that go into quantifying risk. "In addition to regulatory and compliance-driven classification, we will examine levels of access needed [public, private, department, or individual] and also consider retention needs. For instance, data that sits at rest for a long time is more likely to become unprotected as improved security controls are harder to apply retroactively. Similarly departments with high turnover, or data with access by many external parties, have elevated risk profiles and require more frequent validation. Finally, databases with direct connection from a user or administrator require the use of managing and tracking privileged access techniques to mitigate the risk of hijacked credentials."
Wolf Halton, principal security engineer at US Bank, says that quantifying risk depends on a risk assessment that must address six fundamental questions: Who? What? Why? When? Where? How? More specifically:
Whose data or possessions are exposed: company, customer, vendor, prospects? Is there a personal safety dimension to this risk?
What data is exposed: personal-identifiable information (PII), credit card information, company confidential? What physical objects are targeted?
Why is the data or physical object at risk?
When is the data or objects at risk? Is there a time frame when the data is more at risk?
Where in the customer/transaction lifecycle does the risk appear? Are there physical locative factors to the risk?
How does an unauthorized access take place? Is there a place in the processes or procedures where the data is most at risk?
Every retail organization will need to assess and score its cyber risk in the context of its own business model. Nevertheless, quantifying cyber risk is an essential step in prioritizing remediation efforts in a way that provides maximum business benefit.
"Depending on the business model, most retailers look at data risk in terms of revenue loss."
"You have to explain what the risk landscape is and how much risk your decision-makers are willing to accept."
Data classification provides guard rails for what level of security must be in place. Sensitive data, customer information, and datasets with contractual or regulatory needs for protection will have the strictest governance.
Quantifying cyber risk is difficult and requires some time and effort across all the organization. The best method is to perform risk analyses by processes using best practices and methodologies such as ISO 27000.
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Australia's Top End is home to an amazing array of unique and rare wildlife, and many of Australia's most iconic National Parks. This is a user-friendly and comprehensive field guide to the animals that live in one of the world's wildlife hotspots and the places visitors can go to see them. The easy-to-use full colour guide features 700 species of wildlife. With over 2000 images this is a photographic showcase of unpresented quality. Every species is illustrated by one to three images, depicting different colour forms, juveniles, in flight etc. Concise, detailed information covers distinguishing features, habitats, and distribution and conservation status. Watching wildlife, an ever-increasing activity, is made easy with the sections on national parks and protected areas. A range of experts contribute in depth information on topics of current interest, such as crocodiles and cane toads.


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RepliCel Life Sciences
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Japan's regulatory gamble and what it means for the Industry
4 years ago Sep 15, 2015
Navigating the Global Regulatory Landscape
Written by: Lee Buckler & Colin Lee Novick
The Follower Takes the Lead: How Japan's trifecta of economic policy, regulatory innovation, and an aging demographic may disrupt a global industry and the very future of medicine.
On November 20th 2014, the Japanese legislature passed the new Act on the Safety of Regenerative Medicine (ASRM) and the revised Pharmaceuticals, Medical Devices, and Other Therapeutic Products Act (PMD Act) [1]. It is hard to make that sentence sound exciting, but what many outsiders have yet to fully appreciate is the tectonic shift in Japanese pharmaceutical regulatory policy this represents. Put another way, these two pieces of legislation lay the foundation for Japan to become a world leader in regenerative medicine and cellular therapy. The most interesting question for many is "why?" Why has a country synonymous with "risk aversion" and "following" taken such a drastic step away from the norm and more importantly, what does this mean for commercial players involved in the regenerative medicine/cellular therapy industries? To answer this, it is important to understand what the Japanese regenerative medicine and cellular therapy regulatory environment looked like prior to these laws and the dynamics that pushed Japan to change the status quo.
Submitted: July 30 2015 Published: September 15 2015; DOI: 10.18609.cgti.2015.009
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Written on 06 January 2015 . Posted in Deutsch lernen / Learn German.
Für Geld gibt es im Deutschen gaaanz viele Wörter. Wie viele kennen Sie schon?
There are sooo many words for "Geld" (Money) in German. How many do you know already?
Also, hier gibt's einige, sowie eine kurze Erklärung zu den jeweiligen Vokabeln.
Here are a few synonyms, as well as a short explanation to each of these vocabulary words.
2 Moos moss Hierzu gibt's den Spruch "Ohne Moos, nix los." Macht Sinn.
9 Knete dough selbst-verständlich, oder?
10 Schotter pebbles Sometimes it's all you've got.
12 Mammon mammon Apparently a financial term.
14 Piepen dough Das Verb piepen bedeutet "to peep."
The next time you watch a German film and they're talking about money, come back to this list and see which words they use. Recognize any?


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Reaction to Tibbetts' Death Reveals Toxic Culture of Politicization
Katie Friedemann, Contributing Writer|September 7, 2018
Editor's Note: This article discusses physical violence.
Politics permeate everything we do and say, from deciding which candidates or issues we support to our everyday interactions with other people. Our political alignments even seem to guide how we cope with both everyday and abnormal circumstances and events, such as major tragedies. This constant and inescapable politicalization is especially clear when observing reactions to the recent death of Mollie Tibbetts.
Tibbetts, an Iowa college student, was going for a run in her hometown when a man named Cristhian Bahena Rivera began to pursue her. According to what Rivera later told law enforcement, Tibbetts threatened to call the police, and Rivera panicked. What happened next is "blocked" from his memory, but he recalls finding himself in a cornfield with Tibbetts in the trunk of his car, when he noticed that she had blood on the side of her head and decided to leave her in the field. In the security footage, he is shown following her in his car before her abduction while she was on her run; he would later lead the authorities to the body.
The media has been particularly aggressive in reporting on Tibbett's death. This is not necessarily unusual; the United States has historically been captivated by mysterious disappearances of the white girl-next-door, from JonBenét Ramsey to the fictitious Laura Palmer of Twin Peaks. Tibbetts' case, like many others, might have been merely relegated to the realm of true crime fanatics if not for one thing: Her killer is an immigrant.
Immigration laws and reform have been a hot-button issue for a long time, and tensions were particularly high this summer when news broke of immigration detention centers and the horrible conditions in which families were being separated and children were being detained. Under the Trump administration, thinly veiled indifference and racism have transformed into blatantly hateful rhetoric and open hostility. Intolerance and white supremacy have become a source of pride for many right-wing and alt-right individuals. Trump has consistently and publicly linked immigrants with crime and depravity, even though many studies have shown that crime rates and immigration rates are not directly linked. Because of this current climate surrounding immigration, I groaned when I heard about Millie Tibbett's fate and I feared what the government's response would be.
The right wasted no time. Donald Trump, Jr. wrote an op-ed for the Des Moines Register slamming Democrats who are "more concerned with protecting their radical open-borders agenda than the lives of innocent Americans." He seized on Tibbetts' death and the deaths of other Americans killed by immigrants to support construction of the infamous border wall and to delegitimize the immigration reform policies that liberals have been trying to put in place.
Many other Republicans followed suit; for example, Iowa Governor Kim Reynolds stated that all Iowans "are angry that a broken immigration system allowed a predator like this to live in our community."
Following this condemnation by conservative politicians across the country, all eyes were on the Tibbetts family to see if they would share the same rage.
The day after the op-ed was published, Rob Tibbetts, Mollie's bereaved father, published a reply in the Register to say that Mollie "was nobody's victim. Nor is she a pawn in others' debate." He stated that she was vehemently against the demonization of immigrants, and pleaded, "At long last, show some decency. On behalf of my family and Mollie's memory, I'm imploring you to stop."
Tibbetts also offered an apology to the Latinx community for the Republicans' response and asked those invested in Mollie's case to show compassion toward each other and "turn against racism in all its ugly manifestations both subtle and overt."
The reply made me emotional, to say the least. I never expected a response from Tibbetts' family to the politicization of her murder in the first place; I assumed that they would want to mourn in privacy. Rob Tibbetts' statement was brave and admirable, but I resented the fact that he had to make it at all.
Tibbetts' plea to simply mourn his daughter was largely ignored by the right — politicians continued to weaponize her death, and the Tibbetts family recently received a robo-call from a neo-Nazi organization saying that if Mollie were still alive, she would want all immigrants dead. Even in a time when I have become desensitized to politicalization, the relentless manipulation of a young girl's life is shocking to me.
Not all Republicans had the same reaction as Trump or Reynolds, but questions still remain about their priorities. Why did they pounce on Tibbetts' murder but say nothing about the recent murder of Nia Wilson, a black teenager who in Oakland, CA, was stabbed randomly by a white man with a history of violence? Why has Jasmine Moody — a black college student missing since 2014 — not inspired a nationwide search and news coverage? This is not to say that I don't believe that Tibbetts' case was important. However, there is a reason why she was chosen as America's newest martyr: She was innocent, she was killed by an immigrant, and she was white.
As students at Oberlin — an institution that encourages conversations about diversity — we should question how we are conditioned to respond to certain situations and people. Mollie Tibbetts and Nia Wilson both made national news — which one held your attention, and why? If we can chalk it up to either abundance or lack of media coverage, then it is up to us as thinkers and Americans to seek out our own information and to question what we are told to believe. Using a girl as the poster child for a cause she and her family did not believe in is not mourning — it is manipulation of a tragedy intended only for political gain.
Katie Friedemann
I recently realized that all four of my professors this semester will not be on campus next year, and two of them are leaving the institution perman...
"Solarity" Failed Students By Refusing to Provide Condoms
This weekend, I was extremely disappointed that I was not allowed to provide condoms at Solarity. As a Sexual Information Center student staffer, I ...
Now Empty, Crane Pool Symbolizes Oberlin's Progressive History
SB 162 Must Be Passed Urgently
Editor's note: This article contains mention of rape and sexual assault. The Ohio State Senate began hearings on Senate Bill 162, which would e...
Michigan Gerrymandering Victory Provides Hope for Battles in Ohio, Elsewhere
Last week, in a woefully underreported turn of events, a grassroots voter organization in Michigan earned a critical district court victory in the f...
On Addressing Student Stress, Oberlin Must Put Its Money Where Its Mouth Is
Recently, Student Senate presented findings on mental health to the Board of Trustees. I'd like to thank fellow Senators, including College third-ye...
Following Quillen's Appointment, College Must Pursue Similar Stability
At this crucial moment in Oberlin's history, we need a seasoned captain at the helm of the ship. Particularly, at a time when significant changes ...


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Ulrika Wahllöf Björk is a performance and results driven HR consultant with broad and comprehensive experience from leading positions at international and Swedish companies covering a wide range of HR areas. Her expertise encompasses large and small companies and organizations atall stages of the business life cycle ranging from rapid expansion to other business critical HR issues.
Ulrika has worked in the HR field since 1988 and has experience from the IT-, Internet-, Finance-, Tourism- and Service industries. Her previous employers and clients include a number of listed Swedish companies. From 2003, she held senior management positions in HR with global responsibility for strategic and operational HR work. She also has 8 years experience as an independent HR consultant.
Ulrika has comprehensive generalist skills in the HR field, covering everything from recruitment to termination. Her experience includes roles such as HR Director and HR management work in large and small organizations, including overall HR responsibility as well as responsibility for the HR function and budget. Ulrika has many years of experience of management team work.
She has been project manager for change implementation projects, reorganizations, corporate mergers, acquisitions and downsizing, including integration work. She has also worked with projects related to corporate culture and value systems, involving employee satisfaction surveys.
Previous employers include TradeDoubler, NasdaqOMX, Actio konsulter i personalfrågor, Microsoft and the Swedish Tourist Association.
BA in Personnel and Labor Relations (140 p), Uppsala University 1987.
Further education courses, including a number of management and leadership courses, HR development as well as strategic HR work and HR business partner models, courses in labor law, interviewing techniques and other assessment tools, as well as coaching and project management.


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Where are the Good Minnesota Business Blogs?
I asked twitter about good MN business blogs and Mike Keliher mentioned the new Twin Cities Business Magazine site, while it's not wholly a blog, there's an editor's blog and a very short list of local business blogs, including Graeme Thickins' blog.
I'm not confident in getting the whole story from a single source, so who else needs to be on the list?
Add links in the comments and I'll put together an aggregation.


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International Science Programme (ISP)
ISP News
Results of our work
How we define basic sciences
Uppsala University International Science Programme ... About us
About ISP
Collaborating Swedish institutions
Assessment of ISP´s environmental impact
Reference groups
We envision that development challenges are efficiently addressed in partner countries through increasing scientific knowledge in the basic sciences.
ISP Board
The members of the Board are appointed by the Vice-Chancellor of Uppsala University for a period of three years.
ISP Executive Committee
The Executive Committee is appointed by the ISP Board. All members of the Executive Committee are from Uppsala University.
Board Executive committee
ISP staff members
ISP history
ISP was established at Uppsala University, Sweden in 1961. Today ISP consists of three subprograms:
the International Programme in the Physical Sciences (IPPS), started 1961
the International Programme in the Chemical Sciences (IPICS), started 1970
the International Programme in the Mathematical Sciences (IPMS), started 2002
We envision that development challenges are efficiently addressed in partner countries through increasing scientific knowledge.
Our mission is to strengthen the scientific knowledge, research capacity and postgraduate education in the basic sciences chemistry, mathematics and physics in countries where such capacity is non-existing or weak.
How we do it (the ISP model)
We provide long-term funding, coordination and mentoring to research groups and regional scientific networks at universities and research institutes in low and lower-middle income countries in Africa, Asia and Latin America. Our model builds on:
Support to institutionally based research groups and regional scientific networks (not individuals)
Long-term support (decades) to enable capacity building and self-sustainability
Local ownership of the research agenda and the use of funds
Flexibility and tailor made support responding to local needs and strategies
The establishment of research links between supported groups and better equipped host research groups abroad (regionally or internationally)
Sandwich postgraduate training, where the students travel back and forth between their home institution and the collaborating host institution abroad
Supported groups and networks use ISP-funding to improve their research environments by purchasing e.g. laboratory equipment, consumables, literature, and computing tools. Funds are also used for organizing and attending conferences and workshops, and for exchange of scientists and postgraduate sandwich students with collaborating host research groups abroad. ISP-support is ideally phased out when groups and networks are resourceful, strong, and competitive enough to sustain on their own.
Our main funding comes from the Swedish Government through the Swedish Development Cooperation Agency (Sida). Other important contributors are Uppsala University and Stockholm University.
Read more about our sponsors
Other assignments
As a result of the excellent program achievements, the well-established mode of operation and management practices, Sida has also entrusted ISP with demanding coordination assignments in most of the Swedish bilateral programs that support research development in lower income countries (presently Cambodia, Ethiopia, Mozambique, Tanzania, Rwanda and Uganda).
Staff at ISP
ISP, Box 549, 751 21 Uppsala, Sweden
Biomedical Centre (BMC)
House C8, ground floor
Husargatan 3
Map, Map of BMC
Registration number: 202100-2932 VAT number: SE202100293201 PIC: 999985029 Registrar About this website Privacy policy Editor: Leif Abrahamsson