text:
The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding
Naomi C.A. Baker, N. McGaughey, Nicholas Fletcher, Aleksey Chernikov, Peter N. Horton, Michael B. Hursthouse
The synthesis of three new homoleptic trischelate ruthenium( II) complexes bearing new 2,2'-bipyridine ligands, 5,5'-dibenzylamido-2,2'-bipyridine (L1) and 5-benzylamido-2,2'- bipyridine (L2) has been achieved. In the case of [Ru(L2)(3)](2+), the mer and fac isomers have been separated. H-1 NMR spectroscopic anion binding studies indicate that the two C-3-symmetric pockets provided by [ Ru(L1)(3)](2+) is conducive to receive a range of anions, although this is not readily reflected in the photophysical behaviour. The fac-isomer of [Ru(L2)(3)](2+) does appear to have an enhancement in the binding interactions over the mer form with dihydrogenphosphate salts, although the difference is much less marked with the spherical chloride ions. From X-ray crystallographic evidence, the ability to hold water in the "anion" binding cleft can inhibit the strength of the interactions with anions, giving rise to the observed selectivity for directional oxoanions such as dihydrogen phosphate.
https://doi.org/10.1039/b816149f
10.1039/b816149f
Fingerprint Dive into the research topics of 'The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding'. Together they form a unique fingerprint.
Ruthenium Chemical Compounds
2,2'-Dipyridyl Chemical Compounds
Anions Chemical Compounds
Isomers Chemical Compounds
Nuclear magnetic resonance Chemical Compounds
Chlorides Chemical Compounds
X rays Chemical Compounds
Baker, N. C. A., McGaughey, N., Fletcher, N., Chernikov, A., Horton, P. N., & Hursthouse, M. B. (2009). The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding. Dalton Transactions, n/a(6), 965-972. https://doi.org/10.1039/b816149f
Baker, Naomi C.A. ; McGaughey, N. ; Fletcher, Nicholas ; Chernikov, Aleksey ; Horton, Peter N. ; Hursthouse, Michael B. / The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding. In: Dalton Transactions. 2009 ; Vol. n/a, No. 6. pp. 965-972.
@article{a735914d389c4ba1ad7b23ab81018f0b,
title = "The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding",
abstract = "The synthesis of three new homoleptic trischelate ruthenium( II) complexes bearing new 2,2'-bipyridine ligands, 5,5'-dibenzylamido-2,2'-bipyridine (L1) and 5-benzylamido-2,2'- bipyridine (L2) has been achieved. In the case of [Ru(L2)(3)](2+), the mer and fac isomers have been separated. H-1 NMR spectroscopic anion binding studies indicate that the two C-3-symmetric pockets provided by [ Ru(L1)(3)](2+) is conducive to receive a range of anions, although this is not readily reflected in the photophysical behaviour. The fac-isomer of [Ru(L2)(3)](2+) does appear to have an enhancement in the binding interactions over the mer form with dihydrogenphosphate salts, although the difference is much less marked with the spherical chloride ions. From X-ray crystallographic evidence, the ability to hold water in the {"}anion{"} binding cleft can inhibit the strength of the interactions with anions, giving rise to the observed selectivity for directional oxoanions such as dihydrogen phosphate.",
author = "Baker, {Naomi C.A.} and N. McGaughey and Nicholas Fletcher and Aleksey Chernikov and Horton, {Peter N.} and Hursthouse, {Michael B.}",
doi = "10.1039/b816149f",
volume = "n/a",
journal = "Dalton transactions (Cambridge, England : 2003)",
publisher = "The Royal Society of Chemistry",
Baker, NCA, McGaughey, N, Fletcher, N, Chernikov, A, Horton, PN & Hursthouse, MB 2009, 'The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding', Dalton Transactions, vol. n/a, no. 6, pp. 965-972. https://doi.org/10.1039/b816149f
The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding. / Baker, Naomi C.A.; McGaughey, N.; Fletcher, Nicholas; Chernikov, Aleksey; Horton, Peter N.; Hursthouse, Michael B.
In: Dalton Transactions, Vol. n/a, No. 6, 02.2009, p. 965-972.
T1 - The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding
AU - Baker, Naomi C.A.
AU - McGaughey, N.
AU - Fletcher, Nicholas
AU - Chernikov, Aleksey
AU - Horton, Peter N.
AU - Hursthouse, Michael B.
N2 - The synthesis of three new homoleptic trischelate ruthenium( II) complexes bearing new 2,2'-bipyridine ligands, 5,5'-dibenzylamido-2,2'-bipyridine (L1) and 5-benzylamido-2,2'- bipyridine (L2) has been achieved. In the case of [Ru(L2)(3)](2+), the mer and fac isomers have been separated. H-1 NMR spectroscopic anion binding studies indicate that the two C-3-symmetric pockets provided by [ Ru(L1)(3)](2+) is conducive to receive a range of anions, although this is not readily reflected in the photophysical behaviour. The fac-isomer of [Ru(L2)(3)](2+) does appear to have an enhancement in the binding interactions over the mer form with dihydrogenphosphate salts, although the difference is much less marked with the spherical chloride ions. From X-ray crystallographic evidence, the ability to hold water in the "anion" binding cleft can inhibit the strength of the interactions with anions, giving rise to the observed selectivity for directional oxoanions such as dihydrogen phosphate.
AB - The synthesis of three new homoleptic trischelate ruthenium( II) complexes bearing new 2,2'-bipyridine ligands, 5,5'-dibenzylamido-2,2'-bipyridine (L1) and 5-benzylamido-2,2'- bipyridine (L2) has been achieved. In the case of [Ru(L2)(3)](2+), the mer and fac isomers have been separated. H-1 NMR spectroscopic anion binding studies indicate that the two C-3-symmetric pockets provided by [ Ru(L1)(3)](2+) is conducive to receive a range of anions, although this is not readily reflected in the photophysical behaviour. The fac-isomer of [Ru(L2)(3)](2+) does appear to have an enhancement in the binding interactions over the mer form with dihydrogenphosphate salts, although the difference is much less marked with the spherical chloride ions. From X-ray crystallographic evidence, the ability to hold water in the "anion" binding cleft can inhibit the strength of the interactions with anions, giving rise to the observed selectivity for directional oxoanions such as dihydrogen phosphate.
U2 - 10.1039/b816149f
DO - 10.1039/b816149f
VL - n/a
JO - Dalton transactions (Cambridge, England : 2003)
JF - Dalton transactions (Cambridge, England : 2003)
Baker NCA, McGaughey N, Fletcher N, Chernikov A, Horton PN, Hursthouse MB. The comparison of fac and mer ruthenium(II) trischelate complexes in anion binding. Dalton Transactions. 2009 Feb;n/a(6):965-972. https://doi.org/10.1039/b816149f


Baby Numa sleeping on her mother's paw.
The original Picture is from 2012.
You have some good talent. Is Numa your fursona?
^^ It was the result of a small test here on MLK where you had to type your name and your personal lion name was generated! That was cool!
Aww, very cute. I love redrawing old pictures, really shows how much we improve.
Thanks! yeah! I recognised you have improved a lot over the years too!
Thank you! I try my best. No one is perfect because we can always get better.
Yay! That woukd be cool! That is a great idea! ^^ Can't way to see it.
The drool. It's so cute.


text:
<?php

namespace Entities\Usuario;

use Doctrine\ORM\Mapping as ORM;

use Entities\Entity;

/**
 * @ORM\Entity
 * @ORM\Table("UsuarioInventario")
*/

class Inventario extends Entity  {
    /**
    * @ORM\Id
    * @ORM\GeneratedValue(strategy="AUTO")
    * @ORM\Column(type="integer")
    */
    protected $id;

    /**
    * @ORM\ManyToOne(targetEntity="Usuario", inversedBy="inventario", cascade={"persist"})
    */
    protected $usuario;

    /**
    * @ORM\ManyToOne(targetEntity="Entities\Item\Item", cascade={"persist"})
    */
    protected $item;

    /** @ORM\Column(type="integer") */
    protected $cantidad;

    // getters/setters
}

redpajama_set_name: RedPajamaGithub


text:
La Convenzione europea per la salvaguardia dei diritti dell'uomo e delle libertà fondamentali o CEDU (in francese: "Convention européenne des droits de l'Homme") è una convenzione internazionale redatta e adottata nell'ambito del Consiglio d'Europa.

La CEDU è considerata il testo di riferimento in materia di protezione dei diritti fondamentali dell'uomo perché è l'unico dotato di un meccanismo giurisdizionale permanente che consenta a ogni individuo di richiedere la tutela dei diritti ivi garantiti, attraverso il ricorso alla Corte europea dei diritti dell'uomo, con sede a Strasburgo.

Il documento è stato elaborato in due lingue, francese e inglese, i cui due testi fanno egualmente fede.

Storia
La Convenzione è stata firmata a Roma il 4 novembre 1950 dai 13 paesi al tempo membri del Consiglio d'Europa (Belgio, Danimarca, Francia, Grecia, Irlanda, Islanda, Italia, Lussemburgo, Norvegia, Paesi Bassi, Regno Unito, Svezia, Turchia). È divisa in tre titoli e consta di 59 articoli, ed è entrata in vigore il 3 settembre 1953.

Per l'Italia l'entrata in vigore avvenne solo il 10 ottobre 1955; dopo una lunga elaborazione giurisprudenziale, è però solo dopo le cosiddette sentenze gemelle (n. 348 e 349 del 2007) della Corte costituzionale che la cogenza nella Convenzione in Italia si è assai rafforzata, restando esclusa la possibilità «di attribuire agli enunciati convenzionali significati diversi e incompatibili con quelli assegnatigli dalla Corte di Strasburgo». In punto di adattamento del diritto italiano al diritto internazionale, infatti, la Corte costituzionale ebbe così occasione di approfondire le problematiche che si ponevano con riferimento alle disposizioni della CEDU, facendolo in termini diversi rispetto alla primazia del diritto comunitario dell'Unione Europea; «e statuì, nelle più volte richiamate "Sentenze gemelle", che queste ultime, proprio perché non comportano alcun limite alla sovranità nazionale ma appartengono ad un semplice trattato, pur avendo un rango superiore alla legge ordinaria in quanto norme "interposte" ex art. 117 c. 1º della Costituzione italiana, sono tuttavia, al pari della legge ordinaria, sottoposte alla verifica di costituzionalità».

Protocolli aggiuntivi
La CEDU è stata successivamente integrata e modificata da 14 Protocolli aggiuntivi.

I Protocolli II e III (entrati in vigore il 21 settembre 1970), V (entrato in vigore il 20 dicembre 1971), VIII (entrato in vigore il 1º gennaio 1990), IX (entrato in vigore il 1º ottobre 1994) e X (mai entrato in vigore) riguardano aspetti procedurali e sono stati superati dal XI Protocollo, firmato a Strasburgo l'11 maggio 1994 ed entrato in vigore il 1º novembre 1998.

I Protocolli I ("Protocollo addizionale", entrato in vigore il 18 maggio 1954), IV (entrato in vigore il 2 maggio 1968), VI (entrato in vigore il 1º marzo 1985), VII (entrato in vigore il 1º novembre 1988), XII (entrato in vigore il 1º aprile 2005) e XIII (entrato in vigore il 1º luglio 2003) hanno aggiunto altri diritti (in particolare, il primo protegge la proprietà e decreta il diritto all'istruzione e a libere elezioni e il tredicesimo prevede l'abolizione della pena di morte in ogni circostanza).

Il Protocollo XIV, firmato il 13 maggio 2004, consente a organizzazioni internazionali come l'Unione europea di divenire parte della Convenzione. L'Unione Europea, che in quel momento non aveva la competenza a stipulare l'accessione alla CEDU, ha acquistato tale possibilità ai sensi dell'art. 6 comma 2 del Trattato di Lisbona, entrato in vigore il 1º dicembre 2009.

Attualmente attende l'entrata in vigore il Protocollo XV (concernente la riduzione del termine per investire la corte EDU, che passa da 6 a 4 mesi). Il 1º agosto 2018 è invece entrato in vigore il Protocollo XVI, che tra l'altro prevede per la Corte la possibilità di emanare a richiesta pareri non vincolanti.

Carattere sussidiario rispetto alle giurisdizioni nazionali
Il sindacato, che la Corte europea dei diritti dell'uomo esercita in rito ai sensi dell'art. 35 della Convenzione, "si fonda sull'ipotesi, oggetto dell'articolo 13 della Convenzione, che l'ordine giuridico interno offra un ricorso effettivo quanto alla violazione lamentata, in guisa che il meccanismo instaurato dalla Convenzione continui a rivestire un carattere sussidiario in rapporto ai sistemi nazionali di garanzia dei diritti dell'uomo. Tuttavia, le disposizioni dell'articolo 35 della Convenzione prescrivono che i ricorsi interni siano inerenti alle violazioni lamentate, che siano disponibili e che siano adeguati: essi devono rivestire un grado sufficiente di certezza non soltanto in teoria ma anche in pratica, perché in caso contrario mancherebbero dell'effettività e dell'accessibilità necessarie. In particolare, la Corte non ha ritenuto esigibile il rispetto della regola del previo esaurimento dei ricorsi interni quando s'è dimostrato che l'esercizio di un ricorso era manifestamente sprovvisto di chances di successo".

La Corte costituzionale italiana conferma che la natura della Convenzione e del sistema di garanzie da essa approntato è volta "a garantire una soglia minima di tutela comune, in funzione sussidiaria rispetto alle garanzie assicurate dalle Costituzioni nazionali". La conseguenza in termini di diritto penale è che «ciò che per la giurisprudenza europea ha natura "penale" deve essere assistito dalle garanzie che la stessa ha elaborato per la "materia penale"; mentre solo ciò che è penale per l'ordinamento nazionale beneficia degli ulteriori presídi rinvenibili nella legislazione interna».

Influenza sulle legislazioni nazionali
Il Regno Unito, che ha contribuito alla stesura del testo della Convenzione ed è stato il primo paese a ratificarla, ha incorporato nell'ordinamento interno diversi articoli della stessa nel 1998 (con la legge denominata Human Rights Act).

In Italia la legge 24 marzo 2001, n. 89 pubblicata nella Gazzetta Ufficiale della Repubblica Italiana - Serie Generale n. 78 del 3 aprile 2001 ed entrata in vigore il 18 aprile 2001 (cosiddetta Legge Pinto) ha introdotto il diritto a una "equa riparazione" per chi abbia visto violata la ragionevole durata del processo, così come sancito dall'art. 6 della CEDU.

La sentenza n. 11984 del 2010, emessa dal Tribunale amministrativo regionale del Lazio, ha per la prima volta invocato l'effetto del Trattato di Lisbona per affermare l'effetto diretto della CEDU nell'ordinamento italiano.

La Carta Costituzionale Europea e la Costituzione Italiana hanno riconosciuto il diritto di difesa anche prevedendo la possibilità di garantire l'assistenza di un difensore a chi non ha i mezzi per sostenerne il costo.

La CEDU ha portato nel marzo del 2015, in forza della legge 11 agosto 2014, n. 117 del Governo Renzi, al rilascio anticipato, con risarcimento, di un carcerato in Firenze che aveva subito 880 giorni di detenzione inumana e degradante, aprendo la strada per ottenere giustizia ai carcerati in condizioni inumane in Italia.

Diritto a un equo processo
Il diritto a un equo processo è sancito dall'art. 6 della CEDU.

Nel comma uno riconosce ad ogni persona il diritto a vedere la sua causa esaminata e decisa entro un lasso di tempo ragionevole, come componente del diritto ad un equo processo.

L'accesso ad un giudice è garantito quando dà avvio ad un procedimento che si conclude in tempi ragionevoli.

Il comma due sancisce che ogni persona accusata di un reato è presunta innocente fino a quando la sua colpevolezza non sia stata legalmente accertata

Il comma tre indica i diritti per ogni accusato, in particolare:

 essere informato dell'accusa formulata a suo carico
 disporre di tempo e facilitazioni necessarie a preparare una difesa
 difendersi personalmente o avere l'assistenza di un difensore a sua scelta e, se non ha i mezzi per retribuirlo, averne uno assegnato gratuitamente d'ufficio.
 esaminare o far esaminare i testimoni a carico
 farsi assistere gratuitamente da un interprete

Diritto al rispetto della vita privata e familiare
Il diritto al rispetto della vita privata e familiare è sancito dall'art. 8 della CEDU.

Il primo comma afferma che ogni persona ha diritto al rispetto della propria vita privata e familiare, del proprio domicilio e della propria corrispondenza.

Il secondo comma afferma che non può esserci ingerenza di un'autorità pubblica nell'esercizio di tale diritto, a meno che non sia prevista dalla legge e costituisca una misura necessaria alla sicurezza nazionale, alla pubblica sicurezza, al benessere economico del paese, alla difesa dell'ordine e alla prevenzione dei reati, alla protezione della salute o della morale, o alla protezione dei diritti e delle libertà altrui.

Riferimenti normativi
 Legge 15 ottobre 2008, n. 179 - Ratifica ed esecuzione del Protocollo n. 13 della Convenzione per la salvaguardia dei diritti dell'uomo e delle libertà fondamentali, relativo all'abolizione della pena di morte in qualsiasi circostanza, fatto a Vilnius il 3 maggio 2002 (Protocollo n. 13).
 Legge 15 gennaio 2021, n. 11 - Ratifica ed esecuzione del Protocollo n. 15 recante emendamento alla Convenzione per la salvaguardia dei diritti dell'uomo e delle libertà fondamentali, fatto a Strasburgo il 24 giugno 2013.

Note

Bibliografia

Voci correlate
 Corte europea dei diritti dell'uomo
 Diritti delle donne
 Storia dei diritti delle donne
Privacy
Equo processo
Legge Pinto

Collegamenti esterni

 Consiglio d'Europa - Sito ufficiale
 CEDU e Protocolli aggiuntivi - Dal sito del Consiglio d'Europa

Diritti umani
Trattati internazionali
Corte europea dei diritti dell'uomo
Trattati del Consiglio d'Europa

redpajama_set_name: RedPajamaWikipedia


text:
Sentencing Commission Seeks Comment on Potential Reduction to Drug Trafficking Sentences – Part III
Determining the Sentence
(Chapter 5)
United States v. Diaz
736 F.3d 1143 (8th Cir. 2013)
Defendant not entitled to safety valve
The defendant drove a semi-tractor containing ten kilograms of cocaine smuggled from Mexico,
from Houston, Texas to Alabama. After obtaining surveillance tapes showing him carrying a red suitcase from the truck to a hotel, plainclothes officers made contact with him and asked him to cooperate with their investigation. The defendant explained that he took a red suitcase into the hotel, and told officers which two rooms were occupied by co-defendants who had traveled to Alabama in separate vehicles, but he did not disclose what was in the suitcase, nor admit to any illegal activity. While the defendant, who was not detained, sat in a hidden police vehicle and waited, officers entered the hotel room of the co-defendants, confiscated the drugs and made arrests. Officers allowed the defendant to leave the hotel and return to Texas, advising that he might be rewarded if he cooperated further, but he
never discussed the activity further with officers. At his trial he testified that: 1) he was hired to transport pipe to Louisiana for $700, but when he went to pick up the load, he was told there was no trailer due to a change of plans; 2) he tried to get out of driving by saying his son was sick, but was told that he could not leave; 3) he drove all night and was constantly contacted by the others, and that he felt he would be harmed if he did not keep going. However, the codefendants testified that: the defendant was never
threatened, he knew what the red suitcase contained, he agreed to receive $10,000, $1000 for each kilogram. Telephone calls between co-defendants reflected that the defendant knew of the drugs. He was convicted of conspiracy to distribute and possess with intent to distribute cocaine, and appealed the sentencing court's determination that he did not qualify for the safety valve under §5C1.2(a). The sentencing court found that he had not truthfully provided the government with all information and evidence he had concerning the offense. On appeal, the defendant did not separately provide his knowledge of the offense to the government, but, in what the Eighth Circuit found to be a novel strategy, relied on his trial testimony alone in arguing for the safety valve reduction. On appeal, the Eighth Circuit found that he had not met his burden of proof because his testimony did not comply with the requirement to truthfully provide to the government all information and evidence he had concerning the offense. The court found that the evidence supported the district court's finding that the defendant was not truthful in his testimony, as evidenced by the internal inconsistencies and the fact that his testimony defied a "common-sense analysis."
Fair Sentencing Act
United States v. Black
737 F.3d 280 (4th Cir. 2013)
FSA did not apply retroactively
The defendant was sentenced in January 2007 to the statutory minimum of 120 months for conspiracy to traffic in more than 50 grams of crack cocaine. The Fair Sentencing Act ("FSA"), enacted in 2010, more than three years after the defendant was sentenced, reduced the statutory minimum sentence applicable to his circumstances from 120 months to 60 months. The defendant filed a motion under 18 U.S.C. §3582(c)(2) to modify his sentence, contending that the reduced minimum sentences should apply to him. The district court denied his motion, relying on United States v. Bullard, 645 F.3d 237 (4th Cir. 2011), which held that the FSA did not apply retroactively. On appeal, the defendant argued that the Supreme Court's holding in Dorsey v. United States, – U.S. -, 132 S. Ct. 2321 (2012), implied that the FSA applied to him. In Dorsey, the Court concluded that a defendant who committed a crime before the effective date of the FSA, but was sentenced after the effective date, should have the benefit of the FSA. The defendant here argued that reasoning in Dorsey should apply to §3582(c)(2) proceedings. The Fourth Circuit found the defendant's "logical development" to be "neat," but found that it overlooked "legal realities." "First, there is no language in the FSA explicitly providing or even suggesting that it be applied retroactively.
Second, Dorsey resolved a tension between 1 U.S.C. §109 and 18 U.S.C. §3553(a)(4) with reasoning that would not apply to a sentence-modification proceeding under §3582(c)(2). Third, without precedential support from Dorsey, [the defendant] is bound by our decision in Bullard, which held that the FSA is not retroactive. And fourth, a §3582(c)(2) proceeding is not a sentencing proceeding as addressed in Dorsey, and, moreover, the language of §3582(c)(2) itself limits its applicability to the situation where the defendant was sentenced based on a sentencing range that subsequently was reduced by the Sentencing Commission." The judgment of the district court was affirmed.
United States v. Blewett
2013 WL 6231727 (6th Cir. 2013)
FSA does not apply retroactively
The Fair Sentencing Act of 2010 ("FSA") increased the amount of crack cocaine needed to activate the same mandatory minimums. It now takes 28 grams to trigger the 5-year penalty and 280 grams to trigger the 10-year penalty. Through these changes, the FSA significantly reduced, but did not eliminate, a sentencing disparity between offenses involving crack and powder cocaine. What used to be a 100:1 ratio between the amount of powder and crack needed to trigger the mandatory minimums has become an 18:1 ratio. At issue in this case was whether the changes created by the FSA applied to defendants sentenced five years before the new law took effect. "Consistent with a 142-year-old congressional presumption against applying reductions in criminal penalties to those already sentenced, 1 U.S.C. §109, consistent with the views of all nine Justices and all of the litigants in Dorsey v. United States, – U.S. -, -, 132 S. Ct. 2321, 2332 (2012), consistent with the decisions of every other court of appeals in the country, and consistent with dozens of our own decisions, we hold that the Act does not retroactively undo final sentences." There were three, separate dissenting opinion written by Judge Clay, Judge Rogers, and Judge White. Judge Clay summarized the issue as follows: "The Fair Sentencing Act ('FSA') was passed by Congress in 2010 to reinstill some semblance of fairness and equality to a system plagued by inequality and injustice. Under the majority's interpretation of this statute, however, thousands of individuals, predominately African Americans from low-income communities . . . are foreclosed from obtaining the benefits of the FSA. Instead, the majority reads the FSA to further the injustice that has existed in the crack cocaine sentencing system for over twenty years. Under this reading, individuals like the Blewetts will continue to be incarcerated in a disproportionate, unjustified manner, in violation of their rights under the Equal Protection Clause. Because I disagree with the majority's characterization of the FSA's retroactivityand believe this Court's opinion furthers the injustice that has resulted from such an unequal sentencing regime, I respectfully dissent."
United States v. Anderson
District court improperly calculated amount of restitution
The defendant, a Las Vegas cab driver, dabbled in photography and electronics repair. At some point, he started selling Adobe computer software online, but the discs he was selling were counterfeited that he copied himself, which included documents that claimed the discs were "OEM" (meaning "original equipment manufacturer") products. Evidence showed that he made approximately 350 total software sales, totaling $70,551. The defendant was charged with, and found guilty of, copyright infringement. The district court found that Adobe was the victim and calculated restitution by multiplying the number of copies the defendant sold, times Adobe's retail price. The defendant was sentenced to 24 months and ordered to pay $247,144 in restitution. On appeal, the defendant argued that the district court should have: (a) used the price he charged his customers because they were the real victims and Adobe's loss was speculative; (b) used Adobe's lost profits instead of its retail price because lost profit is a more accurate measure of actual loss; and (c) discounted the amount of restitution by the number of returns. The Ninth Circuit first noted that under the Mandator
Victims Restitution Act ("MVRA"), 18 U.S.C. §3663A, any award was limited to the victim's
actual losses and "the district court may not order restitution to reflect Defendants' ill-gotten gains." Citing United States v. Chalupnik, 514 F.3d 748 (8th Cir. 2008) and United States v. Fair, 699 F.3d 508 (D.C. Cir. 2012), the court held that "restitution in a criminal copyright case must reflect the victim's actual losses, not the defendant's gain. In most cases, that will consist of the copyright owner's lost profits on sales that would have taken place if not for the infringing conduct. Moreover, the fact that a consumer purchased an infringing copy at a greatly reduced price is not sufficient, alone, to establish that the consumer would have purchased an authentic copy at full price." Here, the district court properly concluded that Adobe was the primary victim and to the extent that the defendant's "conduct directly caused his customers to suffer actual, quantifiable losses, they may also be victims under the MVRA." However, the district court erred by appearing to rely on the loss amount to reach a restitution amount and also erred by rejecting suggestions that restitution should reflect discounts for any returned products. "The district court also erred in using the full retail price as opposed to lost profits to calculate the actual loss. Moreover, the district court did not consider whether purchasers of [the] discounted software would have, in fact, purchased full price authentic software if [the defendant] software had not been available. These are clear and obvious errors because they are inconsistent with the statutory requirements. The errors affected substantial rights and the fundamental fairness of the proceeding given that they may have vastly inflated the restitution in excess of Adobe's actual losses." The case was remanded for a recalculation of restitution, with the instruction that "[a]ny restitution awarded to Adobe for lost sales may only reflect Adobe's lost profits
Post Conviction
Bryant v. Warden, FCC Coleman
738 F.3d 1253 (11th Cir. 2013)
Relief granted under §2241 habeas petition for sentence that exceeded statutory maximum penalty
Editor's Note: This decision is long, in-depth, and has numerous twists and turns. Attempting to summarize the decision in detail would take several pages and a considerable amount of time. Included here is most of the first three paragraphs of the decision because it does a more-than-adequate job of summarizing the issues. However, reading the entire decision is well worth the time. Of particular interest is the section on "procedural default." Finally, we sent an e-mail to Bryant's attorney and asked about whether the government was going to file motion for en banc review or an appeal. He replied that the government was "not going to take any further action in this case." Petitioner appealed the district court's dismissal of his 28 U.S.C. §2241 habeas petition, brought pursuant to the "savings clause" in 28 U.S.C. §2255(e). The issue was whether the savings clause in §2255(e) permits a federal prisoner to bring a §2241 petition when he has established that his current 235-month sentence for an 18 U.S.C. §922(g) conviction exceeds the 10-year statutory maximum penalty under 18 U.S.C. §924(a). When a conviction has become final, a federal prisoner usually may challenge the legality of his detention only through a §2255 motion. However, the savings clause in §2255(e) permits the prisoner to file a §2241 habeas petition when a §2255 motion was "inadequate or ineffective to test the legality of his detention." After review we conclude Bryant has satisfied the savings clause's requirements in §2255(e). Bryant has proven that his prior §2255 motion was "inadequate or ineffective to test the legality of his detention" and that his §2241 petition can now proceed under §2255(e) because: (1) from the time of his initial sentencing in 2002 throughout his first §2255 proceeding in 2005, our Circuit's binding precedent in United States v. Hall, 77 F.3d 398, 401- 02 (11th Cir. 1996), held that a concealed-firearm offense under Fla. Stat. §790.01 was a "violent felony" under §924(e) and squarely foreclosed Bryant's claim that he was erroneously sentenced above the 10-year statutory maximum penalty in §924(a); (2) subsequent to Bryant's first §2255 proceeding, the Supreme Court's decision in Begay v. United States, 553 U.S. 137 (2008), set forth a new standard to evaluate which crimes constitute violent felonies under §924(e), and Begay, as interpreted by United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008), and United States v. Canty, 570 F.3d 1251, 1255 (11th Cir. 2009), overturned our Circuit precedent in Hall; (3) Begay's new rule is substantive and applies retroactively to Bryant's §924(e) claim on collateral review; (4) as a result of pure §924(e)-Begay error and retroactive application of Begay, Bryant's 235-month sentence exceeds the 10-year statutory maximum authorized by Congress in §924(a); and (5) the savings clause in §2255(e) reaches his claim of illegal detention above the statutory maximum penalty. Accordingly, we vacate the district court's dismissal of Bryant's §2241 petition and remand with instructions set forth herein."
Cases In This Issue
Bryant v. Warden, FCC Coleman, 738 F.3d 1253 (11th Cir. 2013)
United States v. Anderson, 2013 WL 6670793 (9th Cir. 2013)
United States v. Black, 737 F.3d 280 (4th Cir. 2013)
United States v. Blewett, 2013 WL 6231727 (6th Cir. 2013)
United States v. Castaneda, 2013 WL 6672994 (5th Cir. 2013)
United States v. Diaz, 736 F.3d 1143 (8th Cir. 2013)
United States v. Doss, 2013 WL 6698046 (7th Cir. 2013)
United States v. Mathis, 738 F.3d 719 (6th Cir. 2013)
United States v. Perez-Perez, 737 F.3d 950 (4th Cir. 2013)
United States v. Roybal, 737 F.3d 621 (9th Cir. 2013)
United States v. Rushton, 738 F.3d 854 (7th Cir. 2013)
United States v. Seidling, 737 F.3d 1155 (7th Cir. 2013)
United States v. White, 2013 WL 6512922 (7th Cir. 2013)
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Guest Post: Tom McIver: Caprice Young and the Master of Deception
"Jed's predecessor, Caprice Young, made over $250,000 for her work at the CCSA. Check out the cast of characters on CCSA's board of directors." — Kenneth Libby
These pages have addressed right-wing school privatization pusher Caprice Young before. Her early history working with Richard Riordan, predatory capitalist and junk bond felon Michael Milken, and racist, bigoted, anti-immigrant nativist Steve Poizner was discussed in a piece that also exposed her profiting from the dubious online charter school sector. What was missing from that piece is that she openly boasts of Walmart's John Walton being her mentor. Another piece addressed her taking the helm of Fethullah Gülen's failing Magnolia corporate charter chain.
Credit to Young. Two times she was able to step into situations where charter schools had squandered millions of taxpayer dollars, and make the investigations go away. Young, along with her Gülen corporate charters in Los Angeles, are currently being investigated by Amsterdam & Partners LLP.
I received a communiqué from Dr. Tom McIver in November of 2013 regarding another one of Young's unsavory colleagues, which, in turn, was another one of her charter business "ventures" (read scams). However, I had just returned to UCLA after a nineteen year hiatus to complete my BA, and my focus was on that. The email went unnoticed until recently. Checking the links led to me asking for clarification, and with his permission, his initial email, and excerpts from another email appear here:
From: tmciver@
Subject: Caprice Young and the Master of Deception
Date November 03, 2013 17:46:35 PST
To: rdsathene@
Robert Skeels,
I came across some blog posts by you that mentioned Caprice Young. At one point, when she was supported by the Milken Foundation, she was collaborating with Al Seckel, who I know all too well. He has boasted of his partnership with her, e.g. this interview with billionaire (and convicted sex offender) Richard Epstein: http://web.archive.org/web/20101112051416/http://www.jeffreyepsteinscience.com/2010/10/jeffrey-epstein-talks-perception-with-al-seckel/
Here they are at Jeff Pulver's prestigious DLD conference joined by Arianna Huffington and CNN chief Jonathan Klein:http://blip.tv/140conf/140-characters-conference-the-democratization-of-information-2801228
Seckel is currently defendant in this fraud case: http://www.courthousenews.com/2011/03/10/34803.htm This case is just the tip of his fraud. In case you are interested, attached is timeline of his activities (including his association with Young).
Tom McIver
I too discovered the DLD link was dead. The whole session was on video, but no longer. I have put my Seckel timeline online and updated it and added links: http://undeceive.weebly.com/ I do not mind attribution. Seckel is reportedly dead, as the now timeline indicates. Some new information has come to light, and I hope more will follow.
DLD is a global conference network (https://en.wikipedia.org/wiki/Digital LifeDesign). Here is there speaker bio for Seckel (mentioning the panel with Young): http://dld-conference.com/users/al-seckel
Excerpts from McIver's original chronology implicating Young (emphasis mine), which is displayed below. His updated chronology timeline is here.
2009 Oct 29: Seckel hosts presents and hosts panel on information technology and education at internet entrepreneur Jeff Pulver's 140-Characters conference; panelists include Arianna Huffington, Jonathan Klein (CNN chief), and Caprice Young (Milken Institute). http://blip.tv/140conf/140-characters-conference-the-democratization-of-information-2801228
2010 Oct 23: Seckel and Maxwell host G4G10 event at their "beautiful Malibu home." Features Robert Lang and Chris Palmer origami displays and guest of honor Nolan Bushnell (Atari). Attendees include Jeff Scanlan, Catherine Mohr, Stuart Anstis, Jonathan Delbruck, Solomon Golomb, Caprice Young, Irving Biederman, Brad Templeton, Arana Greenberg, Brock Pierce, Michael Kaliski, Victoria Skye, Amy Sterling Casil, Eric Gradman, Brian Deagon, Philip Lelyveld, Richard Bilow, Glenn Kaino, Michael Naimark, Sanford Climan
2010 Oct: Seckel interview is lead item on Jeffrey Epstein's science website. Self-promotional claims here are similar to his original Wikipedia entry. Says he got funding for "massive interactive website on thinking skills" with friend Caprice Young (Milken Institute). Claims "Tommy" Gold was his Cornell advisor, and at Caltech he was in Feynman's "very close inner circle" with Michael Douglas and one other person, spending hours with him "almost every other day." Claims to be very close to M. Gell-Mann, and friends with "Shelly" Glashow, Lisa Randall, Sean Carroll, and Jimmy Wales. http://web.archive.org/web/20101112051416/http://www.jeffreyepsteinscience.com/2010/10/jeffrey-epstein-talks-perception-with-al-seckel/
Gülenist Caprice Young's association with Al Seckel by Robert D. Skeels
Labels: Caprice Young, CCSA, Gulen, Gulen charter schools, LAUSD, Michael Milken, neoliberalism, privatization, rdsathene, religious indoctrination, Sharon Higgins
Robert D. Skeels is a social liberation writer, attorney, public education advocate, immigrant rights activist, and law professor. He lives, works, writes, and organizes in Los Angeles with his wife and cats. Robert holds a BA in Classical Civilization from the University of California at Los Angeles (UCLA), a JD from Peoples College of Law (PCL), and passed the California Bar Exam on his first attempt. A US Navy Veteran, he is a proud member of Veterans for Peace. A student of Liberation Theology and Paulo Freire's work, Robert volunteers for community and 12 step groups. Robert's articles and essays appear in publications including Jacobin, Truthout, CounterPunch, Dissident Voice, Schools Matter, Daily Censored, Regeneración, K12NN, LA Progressive, and The Los Angeles Daily News. In 2013 Robert ran for the LAUSD School Board against a billionaire funded corporate reform candidate, finishing second in a field of five, with over 5,200 votes.
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text:
Home ⇒ 📌Brief contents ⇒ "In more often" Akutagawa in brief summary
"In more often" Akutagawa in brief summary
Novella is a different version of the same event, expressed by different people.
The woodcutter told during the interrogation that he had found the corpse of a man in a grove under a mountain, where bamboo grows interspersed with young cryptomeria. The man was lying on his back, he had a light blue suikan, in his chest a wound was gaping. There was no weapon near, only a rope and a comb.
The wandering monk said during the interrogation that he had met the man killed on the road from Yamasin to Sekiyama on the eve. With him was a woman sitting on a red horse. The man had a sword behind his belt and a bow with arrows behind him. The woman was wearing a broad-brimmed hat, and her face was not visible.
The guard said during the interrogation that he had caught the famous robber Tadzemar. Tadzemar had a sword in his belt, and a bow and arrows. The red-haired horse threw it off and plucked the grass nearby.
The old woman said during interrogation that she would
recognize Kanadzawa Takehiro in the murder of his twenty-six-year-old son-in-law. On the eve of the daughter of an old woman, nineteen-year-old Masago and her husband went to Bakaev. With the fate of her son-in-law, the old woman reconciled, but anxiety for her daughter does not give her rest: the young woman disappeared, and she can not be found.
Tadzemaru confessed during interrogation that it was he who killed the man. He met him and his wife on the eve of noon. The breeze threw back the silk veil that covered the woman's face, and for a moment her face flashed before Tadzemar. It seemed so beautiful to him that he decided at all costs to take possession of a woman, even if for the sake of it he had to kill a man. When they want to take possession of a woman, a man is always killed. Tadzemaru kills with a sword, because he is a robber, while others kill with power, money, flattery. The blood is not spilled, and the man remains unharmed, but nevertheless, he is killed, and who knows whose wine is heavier – the one who kills the weapon, or the one who kills without weapons?
But the murder of a
man was not the goal of Tadzemar. He decided to try to master a woman without murder. For this he lured them into the thicket. It turned out to be easy: Tadzemaru joined them as a fellow traveler and began to brag that he unearthed the mound on the mountain, found there many mirrors and swords and buried it all in the grove under the mountain. Tadzemaru said that he was ready to sell cheaply any item if there was one. The man was flattered by the treasure, and soon the travelers followed Tadzemar along the path to the mountain, Tadzemaru said that things were buried in the most frequent way, and the man went with him, and the woman remained to wait while sitting on the horse. Having brought a man into the thicket, Tadzemaru attacked him and tied him to the tree trunk, and so that he could not scream, he killed his mouth with fallen bamboo leaves. Then Tadzemaru returned to the woman and said that her companion had suddenly fallen sick and she had to go see, What about him. The woman obediently followed Tadzemar, but as soon as she saw the husband tied to the tree, she snatched the dagger from behind her bosom and rushed to the robber. The woman was very brave, and Tadzemar could hardly manage to dislodge the dagger from her hands. Disarming the woman, Tadzemaru was able to seize it, not depriving the man of life.
After that, he wanted to hide, but the woman clung to his sleeve and shouted that being dishonored in front of two men is worse than death, so one of them must die. She promised that she would go with the one who survived. Burning eyes of the woman captivated Tadzemar, and he wanted to take her as his wife. He decided to kill a man. He untied it and invited him to fight with swords. The man with a distorted face rushed to Tadzemar. At the twenty-third stroke, Tadzemaru's sword was pierced by the man's chest. As soon as he fell, Tadzemaru turned to the woman, but she was nowhere to be found. When Tadzemaru got to the path, he saw a woman's horse, peacefully tweaking the grass. Tadzemaru does not ask for indulgence, for he understands that he is worthy of the most brutal execution, besides, he always knew that someday his head would hang around the top of the column.
The woman told a confession in the temple of Kiyomizu that, having mastered her, the robber turned to her bound husband and laughed mockingly. She wanted to approach her husband, but the robber kicked her to the ground. At that moment she saw that her husband looked at her with cold contempt. From horror before this look, the woman lost her senses. When she came to, the robber was gone. Her husband still looked at her with contempt and secret hatred. Unable to bear such a shame, she decided to kill her husband, and then commit suicide. The sword and the bow with the arrows were taken by the robber, but the dagger was lying at her feet. She picked it up and thrust it into her husband's chest, then fainted again. When she woke up, her husband was no longer breathing. She tried to commit suicide, but could not, and does not know what to do now.
The spirit of the prophetess killed by the mouths said that having seized his wife, the robber sat down next to her and began to console her. The robber said that he decided to commit outrage because she fell in love with him. After what happened, she can no longer live with her husband, as before, so is not it better for her to marry a robber? The woman raised her face thoughtfully and told the robber that he could lead her wherever he wanted. Then she began to ask the robber to kill her husband: she can not stay with the bandit while her husband is alive. Without answering either "yes" or "no", the robber threw it at a pile of fallen leaves. He asked the woman's husband what to do with her: kill or pardon? While the husband hesitated, the woman rushed to run. The robber rushed after her, but she managed to escape. Then the robber took a sword, a bow and arrows, untied a rope, which the man was attached to a tree, and left. The man picked up the dagger, dropped by his wife, and thrust it into his chest. Dying, he heard someone quietly crept up to him. He wanted to see who it was, but the whole world was covered with twilight. The man felt as someone's invisible hand took the dagger from his chest. At the same instant, his mouth filled with gushing blood, and he immersed himself forever in the darkness of nothingness.
Summary In more often R. Akutagawa In more often The story of the Japanese writer Akutagawa Ryunoske is considered the best in the world story ever written. Several people talk about the murder, everything is different, and it is difficult for the reader to establish what really happened in the thicket of the forest and in the wilds of […]...
Akutagawa's "horse feet" in brief The unremarkable employee of the Beijing branch of the Mitsubishi company Osino Khanzaburo suddenly died before he was thirty. According to the conclusion of Professor Yamai, director of the Tongren Hospital, Khandzaburo died of a stroke. But Khandzaburo himself did not think it was a blow. He did not even think he was dead. He […]...
"Flour of hell" Akutagawa in brief summary The lady, who served at the court of his lordship Horikawa, tells the story of the writing of the screens "Flour of Hell." His lordship was a mighty and magnanimous ruler, therefore all the inhabitants of the capital revered him as a living Buddha. There were even rumors that when once the oxen, harnessed to […]...
"Gate of Rasemon" Akutagawa in brief summary One evening, a servant, fired by his master, was waiting for rain under the gates of Rasemon. Seated on the top step, he often touched the boil, jumped out on his right cheek. Although the gate was on the main street, there was no one except this servant, only a cricket sat on a round […]...
"Nanjing Christ" Akutagawa in brief summary Sun Jin-hua, a fifteen-year-old prostitute, sits at home and gnaws watermelon seeds. From time to time she looks at a small bronze crucifix hanging on the wall of her wretched little room, and hope appears in her eyes. Jin-hua is a Catholic. She became a prostitute to feed herself and her father's old man. Jin-hua […]...
"Batatova kasha" Akutagawa in the summary A long time ago among the samurai regent Mototsune Fujiwara was a kind of ugly and miserable little man who performed some simple duties. Everyone treated him disrespectfully: both coworkers and servants. He was surrounded by universal contempt, he lived a truly dog-life. His clothes were old, worn, the sword second-hand to the extreme. However, […]...
Akutagawa's Mandarins in summary The narrator sits in a second-class coach of the Ekosuka-Tokyo train and waits for the signal to depart. At the last second a village girl of about thirteen-fourteen with a rough, weather-beaten face runs into the car. Putting a knot on the knees with things, she squeezes a third-class ticket in her frozen hand. The […]...
Summary "Cinnamon Basket" A young trader Wang Wen-yun, frightened of the misfortune predicted to him, bids farewell to his father, his wife and leaves for a hundred days to trade peddling. Wang's business is going well. On the way to Sizhou, he stops at the inn, where he dreams that he is killed by a robber. Indeed, the […]...
"Patriotism" Mishima in brief summary On February 28, 1936, on the third day after the military putsch, organized by a group of young nationalist officers, who were dissatisfied with a too liberal government, Guards Lieutenant Shinji Takeyama, unable to reconcile himself with the order of the emperor who condemned the uninvited defenders and ordered the suppression of the mutiny, made […]...
"Yan's successor to the Tribute" in summary Tribute, the throne heir of the Yan kingdom, lived hostage in the Qin country. The prince there mocked him, did not let him go home. The insulted Tribute planned to take revenge on the offender. Escaping finally from captivity, he began to call the bravest warriors for a campaign against the ruler Qin. But the […]...
"The doctor of his honor" Calderon in summary The action takes place in Spain at the time of King Don Pedro the Just or the Cruel. During the hunt, the brother of the Infante King, Don Enrique, falls from the horse, and is unconsciously brought into the house of Don Gutierre Alfonso de Solis. They are met by the wife of Don Gutierre, […]...
Summary "The song about the merchant Kalashnikov" Lermontov The sun is not red in the sky. Then the terrible king Ivan Vasilievich sits in a golden wreath at a table. Behind him are the stewards, against him all boyars and princes, on his sides are all oprichniki. Everyone is having fun, only the out-and-out oprichnik Kiribeyevich "lowered his head to the wide chest […]...
Summary Birthmark MA Sholokhov Birthmark On the table are cartridges, lamb bone, a field map, a brief, a bridle, a crust of bread. At the table sits Nikolka Koshevoy, squadron commander, he fills out the questionnaire. "A rusty sheet says sparingly: Nikolai Koshevoi, squadron commander, a surveyor, a member of the RCYU, age 18 years." He looked […]...
Fars "Married lover" in brief summary Between the husband and wife a quarrel breaks out because of the fact that she suspects him of treason. The angry husband leaves, and the wife complains to the neigbour. She promises her friend to find out whether her fears are justified. They have a ripened plan: when the husband returns home, the wife will […]...
Summary of "The Tales of Ivan Tsarevich and the Gray Wolf" King Demyan lived in a certain kingdom. He had three sons: Clim, Peter and Ivan. In the beautiful garden of the king grew an apple tree with golden apples. And suddenly there was a defect in apples. The king called his sons to him and ordered him to catch the thief, and as a reward […]...
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Doctor of Honor P. Calderon The doctor of his honor The action takes place in Spain at the time of King Don Pedro the Just or the Cruel (1350-1369 gg.). During the hunt, the brother of the Infante King, Don Enrique, falls from the horse, and is unconsciously brought into the house of Don Gutierre Alfonso de Solis. […]...
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"Fifteen thousand lunettes" of Le Chi in brief summary Even in ancient times people noticed that life is full of vicissitudes and every act can lead to the most unexpected consequences. So, a certain scientist who succeeded in the capital examinations, reporting this in a letter to his wife, rashly joked that they were bored in solitude and took a concubine. His wife joked […]...
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Summary "Without a title" In a nutshell: The teacher's wife is interested in her husband's friend, the actor, and is going to leave with him. The teacher stops them, and the woman realizes that her husband is a brave and loving man. In the summer in the village they rent a room husband and wife. They have been married […]...
Summary "Horev" It has been sixteen years since Ki who dethroned Prince Zauloch from the throne of Kiev and took his place. That battle took the lives of all the sons of Zavolokh, and the prince himself had to flee with the remnants of the army. His wife, having learned that she had lost all sons, and […]...
Summary Web site R. Akutagawa Web site One morning, Buddha wandered alone along the shore of a paradise pond. He stopped in thought and suddenly saw everything that was happening on the bottom of the Lotus Pond, reaching to the very depths of the underworld. A lot of sinners were crowding down there. The Buddha's eyes fell on […]...
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"Raven" Gozzi in the summary In the harbor, which is near the capital city of Frattombrozy, there is a fairly battered storm of a galley under the command of the valiant Venetian Pantalone. On it, Prince Gennaro carries the bride to his brother, King Millon. But Armilla, the daughter of the Damascus king, turned out not to be free: Gennaro, […]...
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Summary Richard Wagner. Valkyrie VALKYRIE The first day of the tetralogy "Ring of the Nibelung" in three acts R. Wagner's libretto Characters: Sigmund Hunding Sieglinde, his wife Wotan, the supreme god Frika, his wife Brünnhilde, Valkyrie, his daughter Tenor Bass Soprano Bass Mezzo soprano Soprano Soprano Soprano Mezzo soprano Mezzo soprano Soprano Mezzo soprano Mezzo soprano Mezzo soprano Valkyrie: […]...
Summary of "Grazhina" Grazhina is a young beautiful Litvinka, the daughter of the "majestic Riga ruler". Grazhina marries the Novogrudok prince Litavor. The subjects of the prince are admired by the beauty and harmony of the young princess. Grazhyna "could still be proud that the prince is not taller than she is." Princess shares her husband's enthusiasm for […]...
Summary Nevsky Prospekt Gogol NV Gogol Nevsky Prospekt Here you will find everything you want. In the morning it is for employees; from 12 – for tutors and children; from 2 pm – for parents and society. Nevsky Prospect is an exhibition of people. At 3 o'clock here dinner officials, and with 4 empty, but in the evening walkers […]...
Summary: The saga of Gisli, the son of Sour The main events described in the saga are considered historically reliable, they date back to 962-978; visy (verse stanzas) attributed to Gisli, probably composed much later. Thorbjorn marries the Torah, and they have children: the daughter of Tordis, the eldest son of Torkel and the middle Gisli. Nearby lives a man named Bard, who wants […]...
Summary of "Avdotya Ryazanochka" Bylina about Avdotya Ryazanochka reflected a concrete historical event: the merciless destruction of Ryazan in 1237 by Khan Baty. The raids of strangers to Rus continued even after liberation from the Mongol-Tatar yoke, therefore Batu Khan was named in the epic by Bakhmet the Turkish. Left alone in the ruined enemy of Ryazan, Avdotya Ryazanochka, […]...
"Continuation of New Stories from the Burning Lamp" by Li Zhen in brief summary Notes on the screen with lotus flowers A young official named Ying went by water to the place of service. The boatman coveted their goods, threw In into the river, interrupted the servants, and the widow, Mrs. Wang, planned to betray her son. The young lady, lulled by the vigilance of the robber, in a […]...
Summary "Bezruchka" Old peasants, husband and wife, died. Before his death, his mother punished his son in all things to obey his older sister. At the request of his sister, his brother married, that there was another mistress in the house – to help her sister. Brother's wife began to complain about her sister-in-law: she was a […]...
"Mariamna" Lagerkvist in the summary Mariamna, the wife of Herod the Great, king of Judea, belonged to the royal family of the Maccabees, Herod's enemies, and was killed by him in 37. Herod and his two sons from Mariamna, Alexander and Aristobulus, were killed. The people of Judah regarded the king of Herod as a despot and stranger: he was […]...
Summary: The book of my grandfather Corkuta Bayyndyr Khan, for a long time established among Oguzes, organized a feast for the Beks. He ordered white tents for those who have sons, red for those who do not have sons, but have a daughter, and black tents for childless beks. In order to humiliate the latter more, he ordered them to serve them […]...
Summary Bloody wedding of F. G. Lorca FG Lorca Bloody wedding Spain, early XX century. Mountain village. The play begins in the house of the Bridegroom. Mother, learning that he is going to the vineyard and wants to take a knife, breaks into curses to the one who invented the knives, and the guns and pistols are all that can kill a […]...
Summary "Ilya Muromets and Nightingale the Robber" In the epic is told about the military exploits of Elijah. He departs from the house, from the village of Karacharovo, which is near Murom, to the capital city of Kiev to serve to Prince Vladimir. On the way, Ilya makes her first feat. At Chernigov, he smashes the enemy army, besieged the city. Does […]...
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David Crowley sworn in as Milwaukee's first African American county executive
Web Photos
For the first time in nearly a decade, Milwaukee County has a new county executive.
David Crowley was sworn in outside his Milwaukee home Monday, May 4, 2020, succeeding Chris Abele and becoming the first African American to hold the county's top job.
"We have a lot to do and I'm excited to get to work for the people of Milwaukee County," Crowley said after being sworn in. "I first want to thank every voter who came out on April 7. You braved confusion, long lines, bad weather and a global pandemic to make sure that your voices were heard. So many people tried to stop you. Yet you still voted."
In line with social distancing guidance during the coronavirus pandemic, Wisconsin Appeals Court Judge Joe Donald swore Crowley in from a distance. Crowley's wife, Ericka, held the Bible.
"I want to congratulate you on the historic election," Donald said before Crowley took the oath. "We need your focus, drive and resilience, and so I'm looking forward to all the great things to come."
Media and supporters, including Abele, gathered for the event.
On the door behind Crowley hung an American flag.
Crowley recalled learning about the community's civil rights trailblazers when he was in grade school.
"Every single one of those leaders of color and many, many others who came before me were responsible for bending that arc of the moral universe a little bit more towards justice," he said, citing the famous line from Martin Luther King Jr. "And I am honored and humbled to have the opportunity and the responsibility to continue the hard work of bending the arc toward justice."
Gregory Thornton leaving MPS
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Spring 2015 general election results
Read More About: David Crowley, Milwaukee County Executive, Oath of Office


Welcome to the postgraduate course Statistical Analysis of Laboratory and Clinical Studies, arranged by CAReNet in collaboration with SLU's graduate school for veterinary medicine and animal sciences (GS-VMAS). The course is held at SLU in Uppsala, May 20-24.
The overall objective of the course is to train students to plan and perform suitable statistical analysis of own data, and to have a general understanding of the basic principles for statistical analysis of data from clinical studies and thereby be able to evaluate results presented also in other studies.
This is a practical course in statistical analysis of own data or databases available from previous performed studies. JMP/SAS will be the basic software for statistical analysis.
The course covers one week of studies (1.5 ECTS), including lectures, discussions, assignments and student presentations. The students are scheduled full days Monday-Friday and attendance is compulsory. An attendance record of at least 80% is required to pass this course. No video link is provided since discussions and other team efforts are important parts of the curriculum.
Admitted to a postgraduate program in animal science, biology, veterinary medicine, food science, nutrition, nursing, bioinformatics or similar subjects, or to a residency program (or other specialization programme). The basic models lectured in an introduction course in medical statistics are assumed knowledge.
Active contribution during exercises and discussions. Plan and perform statistical model and analysis of own data to answer the aim of the student's study.
Last day for registration is April 23, 2019.


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Home › Who We Serve › Life Sciences › Specialty Pharmacies
Frier Levitt Advises Specialty Pharmacies on:
Network Contracting and Access, Accreditation, Reimbursement and DIR Fee Issues, Litigation and Arbitration of Disputes with PBMs and Payors, Transactional Matters, and Regulatory/Compliance Issues
The specialty drug market today makes up more than one-third of the total drug spend in the United States and is the fastest growing component of the drug market. These specialty drugs are largely dispensed by specialty pharmacies. While the exact definition of a specialty medication remains largely undefined in the marketplace, the consensus is that it includes medications that require special handling, storage, and distribution requirements to treat complex, often chronic and rare conditions, and often require close contact and management by a clinician. The total size of the specialty pharmacy market and the growth in the share of specialty drugs compared to other drugs highlights the importance of specialty pharmacies.
The specialty pharmacy market is dominated by pharmacies owned by Pharmacy Benefit Managers (PBMs) and insurers, capturing more than two-thirds of the specialty medication spend. Pharmacies independent of these entities face significant business and legal challenges posed by these entities to succeed in this complex market.
Frier Levitt is a national healthcare and life sciences law firm that prides itself on its knowledge base in the unique business of specialty pharmacies. Frier Levitt understands that specialty pharmacies operate under a variety of different business models including, among other things:
Distribution of drugs and products requiring high touch points, cold-chain or other specialized storage needs, and medical or technical staff specially trained in administering these drugs;
Contracting with 340(b) Covered Entities to dispense a variety of specialty medications;
Dispensing and administration of infusion or intravenous ("IV") drugs;
Distribution of Oncology drugs and Community Oncology Practices that dispense such drugs;
Dispensing of Hemophilia drugs and treatments;
Compounding and dispensing of compounds;
Dispensing of Limited Distribution Drugs ("LDD");
Dispensing of "Orphan" drugs or drugs for rare disease states; and
Distributing drugs requiring Prior Authorization ("PA") from a plan or Pharmacy Benefit Manager ("PBM").
The specialty pharmacy business model provides opportunities for pharmacies to thrive, but also involves increasingly diminishing profit margins due to a variety of factors. These factors include the higher overhead costs that necessarily accompany many of these high-touch drugs, like the costs for storage and professionals to handle and administer the drugs, as well as shipping and handling costs. Other costs are associated with various accreditations, like those associated with URAC, the Accreditation Commission for Health Care ("ACHC"), and the Center for Pharmacy Practice Accreditation ("CPPA").
Specialty pharmacies are acutely susceptible to reimbursement challenges because high-cost specialty medications commonly yield a low profit margin as a percentage of reimbursement. As such, if reimbursement decreases by even a small percentage it may result in a significant percentage decrease to a specialty pharmacy's net profit. For example, if a specialty pharmacy's net profit is only 3% of revenue and the pharmacy was faced with an increase in fees equal to 1% of revenue, then the specialty pharmacy would see a 33% decrease in net profits.
Complicating the specialty pharmacy market is the fact that specialty pharmacy reimbursement is controlled, in a large part, by PBMs. These same PBMs own specialty pharmacies that already dispense more than two-thirds of all specialty medications due to the long-term trend of consolidation in the horizontal and vertical markets. Frier Levitt has experience representing independent specialty pharmacies facing challenges involving PBM contracting, such as network access issues, decreasing reimbursement, and increasing fees, Direct and Indirect Remuneration, or "DIR" fees, among other issues, and can offer legal advice and, where necessary, litigation services to seek to resolve these issues.
Assisting Specialty Pharmacies with DIR Fee Challenges
Every major PBM has begun assessing DIR fees on Medicare Part D claims. Performance-based DIR fees are often assessed on factors not relevant to s specialty pharmacy's business model. Due to their unique business model, specialty pharmacies often do not dispense generic drugs or common "maintenance medications" measured by PBMs. Regardless, PBMs often measure specialty pharmacies' performance in these areas and penalize them for failing to meet these metrics. For example, these specialized providers do not dispense many generic drugs and may not dispense generic drugs at all. A PBM may still measure its Generic Dispensing Ratio ("GDR") and will still penalize specialty pharmacies that fail to meet unreasonable and irrelevant GDR targets, even though the specialty pharmacy does not dispense generic drugs.
Further, if the PBM does measure these providers based on categories that appear to be relevant, such as adherence to specialty medications the actual measurement may still not be accurate. For example, if a PBM measures adherence by a simple comparison of days elapsed to "days' supply," it may not accurately measure changes to a patient's medication regime based on close coordination with a prescriber (such as prescribed breaks in treatment during intermittent therapy or a "treatment holiday"). In this example, there would be a perceived difference between days elapsed and "days' supply" that would result in a lower adherence score, but one that was at the direction of the prescriber. For other pharmacies being rated on formulary compliance, if formularies are not updated to include newly FDA approved drugs, a pharmacy can actually be penalized for providing cutting edge treatment to patients, even where the prescription was dispensed pursuant to a prior authorization approval by the PBM.
As a result of slim margins in the marketplace and ever-increasing costs to service patients (especially those with complicated treatment protocols such as cancer patients), DIR Fees often result in reimbursement that is below the cost of drug acquisition by providers or otherwise leave the provider without a reasonable profit margin necessary to maintain operations and inn direct contradiction to legal requirements to pay reasonable reimbursement terms.
Frier Levitt has been successfully challenging these unreasonable and irrelevant DIR for years. Specialty pharmacies that are being assessed unreasonable DIR fees have rights under contract and federal law, and can challenge a PBM's DIR fee program successfully.
Assisting Specialty Pharmacies with Applications and Access to Specialty Networks
Another challenge specialty pharmacies may face are unreasonable barriers to PBMs' specialty networks. Even though many states have passed legislation requiring PBMs to allow "any willing pharmacy" to participate in their networks, and Federal law requires admission to "any willing pharmacy" some PBMs still block access to these specialty networks entirely or require unreasonable terms and conditions such as onerous accreditation or unreasonable drug access standards upon independent specialty pharmacies, effectively barring all but the PBMs' own pharmacy from participating in the network. Applications to these networks are often incredibly complex, requiring extremely detailed answers and documentation. Many specialty pharmacies are unable to complete such applications within the very narrow timeframes permitted by PBMs.
Frier Levitt can assist specialty pharmacies with the application process to ensure the pharmacy submits a full and responsive application. If the application is still denied, Frier Levitt can institute litigation, leveraging existing laws to challenge these unreasonable barriers to access.
Challenging Below-Cost Reimbursements
Specialty pharmacies face extremely narrow margins in drug pricing. In some cases, PBMs are unreasonably reimbursing pharmacies below the acquisition cost for some specialty drug products. No business can sustain itself with reimbursement below cost on the products it sells. Federal law and an increasing number of state legislatures have begun to recognize abusive drug-pricing and reimbursement schemes implemented by PBMs and are passing laws to prevent this practice. Nevertheless, PBMs are constantly evolving and changing their pricing models despite these legislative efforts. Frier Levitt has developed its own proprietary strategies for challenging these abusive PBM/payor tactics and has successfully challenged below-cost reimbursements to force PBMs and payors into compliance with the law.
Litigating/Arbitrating Business Disputes, including PBM and Payor Audits, Network Access Disputes, and Reimbursement Issues
Throughout the course of any business, litigation (or arbitration) may arise in various contexts, including contract disputes with vendors, employment disputes, disputes with regulatory authorities, etc. In the specialty pharmacy space, audits of prescription drug claims, network access and termination issues, and reimbursement issues (to name only a few) commonly result in disputes requiring a resolution though litigation or arbitration. We realize that litigation/arbitration can be a stressful solution for our specialty pharmacy clients. At Frier Levitt we work with our specialty pharmacy clients to provide litigation/arbitration avoidance strategies, but also to provide affordable litigation/arbitration alternatives that minimize any disruption or interference with our specialty pharmacy clients' daily operations. Frier Levitt has a team of litigators experienced in litigating/arbitrating specialty pharmacy audits, network access disputes, reimbursement issues, employment disputes, etc. so that your specialty pharmacy does not fall victim to abusive PBM/Payor tactics.
Advice and Counseling on Regulatory and Compliance Issues
Frier Levitt's Compliance Practice assists in the development, implementation, and administration of tailored compliance programs for life science entities, and in the assessment and revision of existing compliance programs. Our attorneys counsel specialty pharmacies on a variety of regulatory and compliance issues and arrangements, such as:
Hub Service Arrangements
HIPAA Compliance policies and practices;
Shared Services and Central Fills Arrangements;
DEA Enforcement Action defense and prevention strategies;
Copay collection policies and practices;
Structuring arrangements with pharmaceutical manufacturers;
Board of Pharmacy actions and prevention strategies; and
Structuring 340(b) arrangements with covered entities.
Contact Frier Levitt Today to Learn More
Frier Levitt has unmatched experience representing specialty pharmacies. Our attorneys understand the business operations and unique challenges facing specialty pharmacies including, for example, the impact of DIR fees on overall reimbursement, complex PBM network access and contracting issues, the challenges and rewards of specialty pharmacy sales and acquisitions, and specialty pharmacy accreditation and compliance issues, to name just a few. If you have questions regarding specialty pharmacy operations or if your specialty pharmacy is facing challenges that may seem insurmountable, contact Frier Levitt today to learn how our attorneys can not only assist you in addressing those issues and overcoming those challenges, but also how Frier Levitt can help you to develop strategies to ensure that your specialty pharmacy will thrive in a highly competitive marketplace.
Specialty Pharmacies insights
Texas Board of Pharmacy – What You Should Know About Agreed Board OrdersJanuary 25, 2023
Specialty Pharmacies | Articles


Plantar fasciitis afflicts approximately 2 million people each year. If you're one of these unlucky ones, you may be struggling to understand this condition's causes, symptoms and solutions so you can obtain relief. Check out these answers to frequently asked questions about plantar fasciitis from Birmingham Wellness Center.
What is plantar fasciitis? Plantar fasciitis is a strain injury to the plantar fascia, a strong band of connective tissue supporting the arches of the foot. Micro-tears in this tissue eventually lead to chronic inflammation.
What are the symptoms of plantar fasciitis? Plantar fasciitis causes pain in the heels and/or the arches of the feet. It's known for being most painful when you first roll out of bed and stand on your feet in the morning, with the pain lessening as the feet limber up.
What are some common causes of plantar fasciitis? You may have been born with "flat feet," high arches or uneven arch support, making you naturally prone to plantar fasciitis. But for many individuals, long hours of standing and/or shoes that provide poor support are to blame. Runners and other athletes who place their feet under extreme stress may experience plantar fasciitis as a type of overuse injury.
What's the relationship between plantar fasciitis and spinal alignment? Abnormalities in your arch support can throw off the various weight-bearing joints that make up your kinetic chain, creating imbalances all the way up your body. But the reverse may also be true -- a faulty spinal alignment can place abnormal stresses on your feet, resulting in (or worsening) plantar fasciitis.
How does your chiropractor determine the cause of my plantar fasciitis? In addition to asking you about your job, footwear, activity level and other factors, your chiropractor at Birmingham Wellness Center will perform a postural analysis to see whether and how your alignment is affected by your feet (or vice versa).
How does chiropractic treatment address plantar fasciitis? Chiropractic adjustments to your spinal column can help normalize your stance and gait, redistributing your weigh along your kinetic chain and making it easier for your arches to support your weight. We can also perform extremity adjustments to the foot or ankle if necessary.
What other techniques and recommendations help me get over my plantar fasciitis? Massage therapy can help boost blood flow and reduce inflammation in your aching feet, while prescribed exercises can you rehabilitate the injured plantar fascia. We can even advise you on healthier footwear (including orthotic supports), weight loss, and work/lifestyle practices to keep your feet happy in the future.
If you've been seeking the solution for your plantar fasciitis in Birmingham, Bloomfield, Royal Oak, Ferndale, or Troy, it's time to try the all-natural treatment options at Birmingham Wellness Center. Call (248) 645-6070 today for an appointment so we can get you back on your feet!


In general, the year 1912 was a pretty bad year for the Ottomans. We've already talked about that year's Albanian Revolt, which ended with Albania being granted substantial autonomy within the empire. The 1911-1912 Italo-Turkish War ended in October of that year with a victorious Italy in control of Libya and the Dodecanese islands (which now belong to Greece). But as that war was ending, a new one was starting (on October 8): the First Balkan War, fought between the Ottomans and the Balkan League (Serbia, Montenegro, Greece, and Bulgaria), which ended with the Ottomans losing nearly all of their European territory. As wars go, the cause of the First Balkan War was pretty simple: the Ottomans were obviously reeling, and those four Balkan states all wanted to gobble up as much of its European territory as they could. Yes, they formed a "league" to coordinate their war efforts, but each of the four had its own territorial ambitions, and they were all largely in conflict with one another (everybody was looking to annex Macedonia for themselves, for example). Those competing territorial claims made the immediate post-war settlement untenable, and led quickly to a Second Balkan War in mid-1913, with Bulgaria fighting its former allies (plus the Ottomans).
Although October 24 was still early in the war (it wouldn't end until May 1913), it's also distinguished by the fact that the Ottomans suffered two separate defeats on the same day. Neither one of the defeats was decisive or particularly surprising, and I'm only (briefly) mentioning them at all because they both happened on the same day and highlighted the fact that the Ottomans were seriously overmatched by their former Balkan subjects by this point. First was the Battle of Kirk Kilisse (or Lozengrad), fought in eastern Thrace between Ottoman and Bulgarian armies. The vastly outnumbered Ottomans (about 95,000 men to Bulgaria's ~150,000) simply couldn't withstand the Bulgarian Third Army's attack and crumbled.
The second defeat came at the Battle of Kumanovo, which is now in Macedonia, at the hands of the Serbs. Again the Ottomans (under Field Marshal Zeki Pasha) were badly outnumbered (this is really a sentence you don't see much until the 19th-20th centuries), with about 60,000 men against 130,000 Serbs (with one Bulgarian division), and they no longer had any sort of technological advantage in firepower either. The forces were so mismatched that a heavy Ottoman attack on the left wing of the Serbian line on October 23 failed despite the fact that the main command of the whole Serbian army (under General Radomir Putnik) seems to have been unaware that the attack was happening (or was at least unaware of how heavy the fighting was) and never sent any reserve units in to reinforce its left flank. The next day, when the full Serbian army was engaged, the Ottomans were pretty easily defeated and their forces retreated. It was a crushing Serbian victory, but in truth Zeki Pasha actually lucked out; his decision to attack a far superior force on October 23 was probably not the smartest thing he could have done, and the only thing that kept his forces from being routed on that day was probably that miscommunication among the Serbs.
As I said above, neither of these battles was incredibly decisive, but Kumanovo especially did help to set the tone that the rest of the war would follow (the Balkan League on offense, the Ottomans trying and mostly failing to fend them off). Kirk Kilisse, meanwhile, opened the way up for the Bulgarian Third Army to join the Bulgarian First Army and push toward Constantinople. They were met by another Ottoman army at the First Battle of Çatalca (on the outskirts of modern Istanbul) in November, and this time the Ottomans actually won.


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Nationalism in music
Political and social views
Brahms and the German Spirit
by Daniel Beller-McKenna
Harvard University Press, 2004
eISBN: 978-0-674-26926-2 | Cloth: 978-0-674-01318-6
Library of Congress Classification ML410.B8B42 2004
Dewey Decimal Classification 780.92
ABOUT THIS BOOK | TOC
The music of Johannes Brahms is deeply colored, Daniel Beller-McKenna shows, by nineteenth-century German nationalism and by Lutheran religion. Focusing on the composer's choral works, the author offers new insight on the cultural grounding for Brahms's music.
Music historians have been reluctant to address Brahms's Germanness, wary perhaps of fascist implications. Beller-McKenna counters this tendency; by giving an account of the intertwining of nationalism, politics, and religion that underlies major works, he restores Brahms to his place in nineteenth-century German culture. The author explores Brahms's interest in the folk element in old church music; the intense national pride expressed in works such as the Triumphlied; the ways Luther's Bible and Lutheranism are reflected in Brahms's music; and the composer's ideas about nation building. The final chapter looks at Brahms's nationalistic image as employed by the National Socialists, 1933-1945, and as witnessed earlier in the century (including the complication of rumors that Brahms was Jewish).
In comparison to the overtly nationalist element in Wagner's music, the German elements in Brahms's style have been easy to overlook. This nuanced study uncovers those nationalistic elements, enriching our understanding both of Brahms's art and of German culture.
1: Introduction: Brahms and the German Spirit
2: Religion, Language, and Luther's Bible
3: Ein deutsches Requiem, Op. 45, and the Apocalyptic Paradigm
4: The Triumphlied, Op. 55, and the Apocalyptic Moment
5: Gebet Einer König: National Prayers in the Fest- und Gedenksprüche, Op. 109
6: Beyond the End
Appendix: Longer Musical Examples
See other books on: Classical | Genres & Styles | Germany | Nationalism in music | Political and social views
See other titles from Harvard University Press
Nearby on shelf for Literature on music / History and criticism / Biography:
eISBN: 978-0-674-26926-2
Cloth: 978-0-674-01318-6


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The mixed-use project for Kent County Cricket Club (KCCC) and Leander Sports and Leisure Ltd comprises a residential development of 48 houses, by Omega Partnership on behalf of Linden Homes, and commercial buildings, including an indoor cricket training centre, a health & fitness centre and small conference facilities.
The scheme also includes a spectator stand for 2048 seats and a replacement all weather floodlit playing surface for football, tennis and basketball .
PD+P was responsible for the design of the commercial buildings.
The buildings are designed to reflect the local vernacular in its series pitched roof design. To minimize the bulk of the sports halls, a planting screen wraps around the building with a silhouette reflecting the residential buildings directly opposite the development.
The new development will make it financially viable for KCCC to remain in Beckenham.


I have sold a property at 375 WOODVALE CRES SW in CALGARY.
PRICE REDUCED!! This home has been extensively renovated with over 60K in upgrades and 10K worth of appliances. Hardwood and Tile throughout the main level with an open concept kitchen and custom trim work. The basement consist of a walk-up bar (that can easily be converted into a kitchen for a MIL-Suite) with a woodburning fireplace and a custom 3-Piece Bathroom. All this within walking distance of Fish Creek Park and all Amenities makes this home a MUST SEE!!!


InNOVAcorp helps early stage Nova Scotia companies commercialize their technologies and succeed in the global marketplace.
The organization focuses on high growth potential early stage companies with innovative proprietary technology and/or service offerings. Key industries include: life sciences, information and communications technology, energy, advanced manufacturing and aerospace.
InNOVAcorp's High Performance Incubation (HPi) model fosters innovation, entrepreneurship and commercialization. The power of HPi results from the integration of three critical resources: incubation, mentoring and investment.
Incubation InNOVAcorp's incubation facilities - the Technology Innovation Centre and the BioScience Enterprise Centre - provide the environment needed to help emerging technology companies mature. The facilities deliver more than office, lab and industrial space; they also offer a comprehensive blend of business services, resources and synergies that result in entrepreneurial success.
Mentoring InNOVAcorp provides hands-on business advisory services, tailored to meet the unique - and evolving - needs of early stage technology companies. A network of advisors, mentors and service providers complements the organization's in-house business expertise. Examples of tailored assistance include: fine-tuning business plans, building and refining marketing and sales strategies, completing patent searches and licensing agreements, and positioning companies for potential investors.


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Dalrymple, James (fl.1714) (DNB00)
←Dalrymple, James (1619-1695)
Dalrymple, James (fl.1714)
by Thompson Cooper
Dalrymple, John (1648-1707)→
1198280Dictionary of National Biography, 1885-1900, Volume 13
Dalrymple, James (fl.1714)Thompson Cooper1888
DALRYMPLE, Sir JAMES (fl. 1714), Scottish antiquary, was the second son of Sir James Dalrymple, bart., of Stair, afterwards first Viscount Stair [q. v.], by Margaret, daughter of James Ross of Balniel. He was admitted a member of the Faculty of Advocates 25 June 1675 and was appointed one of the commissaries of Edinburgh. Afterwards he became one of the principal clerks of the court of session. He was created a baronet of Nova Scotia 28 April 1698. He was thrice married, and had a numerous family.
Dalrymple was a man of great learning, and one of the best antiquaries of his time. He published: 1. 'Apology for himself, 1690,' Edinburgh, 1825, 4to, only seventy-two copies printed (Lowndes, Bibl. Man. ed. Bohn, p. 583). 2. 'Collections concerning the Scottish History preceding the death of King David the First in 1153. Wherein the sovereignty of the Crown and independency of the Church are cleared, and an account given of the antiquity of the Scottish British Church and the noveltie of Popery in this Kingdom,' Edinburgh, 1705, 8vo. William Atwood [q. v.], barrister-at-law, published 'Remarks' on these 'Collections,' which were also adversely criticised by John Gillane in his 'Life of John Sage,' 1714. 3. 'A Vindication of the Ecclesiastical Part of Sir John Dalrymple's Historical Collections: in answer to a pamphlet entitled "The Life of Mr. John Sage,"' Edinburgh, 1714, 8vo.
[Douglas's Peerage of Scotland (Wood), ii. 522; Watt's Bibl. Brit.; Anderson's Scottish Nation, ii. 5; Cat. of Printed Books in Brit. Mus.; Foster's Baronetage (1882), 173; Foster's Peerage (1882), 628.]
T. C.
Retrieved from "https://en.wikisource.org/w/index.php?title=Dalrymple,_James_(fl.1714)_(DNB00)&oldid=4336079"


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Protecting Wildlife
Conservation Partners
Wildlife Funds
Extended Network
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Poachers Turned Wildlife Defenders in the DRC
By Jane Wynyard
Lomami National Park in the Democratic Republic of Congo is home to a population of just over 700 forest elephants.
In 1970, the Democratic Republic of Congo was home to nearly 300,000 forest elephants. Today there are perhaps fewer than 10,000—the rest killed by heavily armed militia groups or gangs of poachers for their ivory.
The Elephant Crisis Fund has been supporting anti-poaching work in Lomami since 2014. In 2019 it started funding a new unique type of conservation work—the reform of two notorious forest elephants poachers called 'Ranger' Lavino and Kitona Kilo.
Forest elephants in the DRC have suffered heavy losses from poachers and militia groups.
The reform programme was so successful, it has resulted in a wave of poachers wanting to leave the forest and hand over the weapons…a hopeful first step towards the recovery of the Lomami forest elephant population.
The surrender of 'Ranger' and Kitona in early 2020 was hailed as a significant achievement in the fight to protect Lomami's vulnerable population of forest elephants. The two leaders, their multiple wives and children, and poaching gangs of more than 40 men, handed in their weapons after reaching an agreement with Elephant Crisis Fund (ECF) partner, Frankfurt Zoological Society (FZS), which partners with ICCN (Institute Congolaise Pour le Conservation de la Nature) to manage Lomami National Park. The now ex-poachers agreed to undergo a process of reform and integration into the park guard force or the army.
Kitona's band at the assembly point.
Since their surrender, another poacher, called Kongolo, and six members of his eight-strong gang—encouraged by the success of the ECF-funded reform programme, have also come forward and requested amnesty in exchange for rehabilitation. Costs to rehabilitate the ex-poachers are among the ECF's latest grants.
For many years, Ranger and Kitona were at the top of Lomami's most wanted list. Ruthless gang leaders, they operated alongside other poaching gangs in the northern Lomami National Park and its northern buffer zone, killing forest elephants for their ivory. The security situation had deteriorated in the Lomami buffer zone, with terrible implications not only for elephants but also communities living there.
Ranger in particular was described as a 'cold and calculating' hunter who spent 12 years living in the forest, poaching elephants and other large animals. He was arrested by the Congolese army (FARDC) in 2008 and remained incarcerated for two years—only to return to his poaching rampage afterwards.
Ranger's band dances and sings towards Saio, where they will surrender.
But eking out an existence in the forest is tough for men on the run. Ranger, for example, complained about having to work at the behest of others, such as those trafficking the ivory for sale, while not being able to properly support his family. Anti-poaching patrols and military tracked him relentlessly and he grew concerned for the safety of his two teenage children who were living with him in the forest. Both he and Kitona also feared the notorious Mai Mai rebels who operate in the buffer zone. The Mai Mai have a reputation in the area for murdering, looting, and raping and had unsuccessfully tried to recruit the poachers.
In 2019, Ranger and Kitona made it clear to FZS that they and their gangs were willing to turn in their guns and leave the forest as long as they could be guaranteed safe passage. Removing the gangs from the forest would not only eliminate them as a poaching threat, but also provide FZS with intimate knowledge of poaching routes, methods, and additional poachers operating there. There were also concerns the poachers' weapons could fall into the hands of the Mai Mai who today remain a great threat to elephants in Lomami, so disarming the poachers was a top priority.
A captured poacher with forest elephant tusks.
With the help of two ECF grants and support from other conservation partners, the long and complicated process of convincing Kitona, Ranger, and their gangs to leave the forest began. FZS worked with military authorities and partner groups to gain a top-level military amnesty for the elephant poachers and agree to a process for the men to enter the reform programme. The commitment of local administrators and military helped strengthen the process.
Kitona and his gang were the first to surrender. In February and March 2020, he and his poaching group including 17 men, four wives, and twelve children, came out of the forest. They handed over two AK-47 rifles, ten 12-gauge shotguns, 80 poisoned arrows, three spears, and a knife. Of the 17 men, one chose to be reformed into the military. The others, including Kitona, asked to be integrated into the ICCN guard force.
Ranger signs the final affidavit to renounce elephant poaching.
Ranger took longer to leave. Despite intermediaries from FZS assuring the poachers it wasn't a trap, Ranger remained suspicious. Described as 'the most polarizing of the poachers' the gang leader chose to wait and see what would happen to Kitona first. A few months later, reassured by Kitiona's safe exit, Ranger surrendered with another leader and a combined group of 35 men. Like Kitona, he and his men were moved straight to a surrender camp to begin the process of being reintegrated into society.
Terese Hart from Frankfurt Zoological Society says: "With the removal of poachers from the forests around the Lomami elephant population, the major risk to the elephants has greatly diminished. Nevertheless, the park is not yet secure and elephant ivory remains one of the few ways by which local criminals can wrest a living from the forest. Our hope is that we will be able to engage some of the young and most apt of these ex-poachers to actively help us to protect the elephants and park."
Removing poachers reduces the threat to elephants, but more protections are still needed.
Chris Thouless, Director of the Elephant Crisis Fund, says "The conventional approach to dealing with elephant poachers is to arrest them and hope that the courts will lock them away for a long time. This does not address the issues of why people take up poaching in the first place, what happens to their families while they are in prison, and whether they will return to crime on their release. This initiative by Frankfurt Zoological Society in Lomami National Park is highly innovative and shows that more compassionate and nuanced approaches to dealing with the scourge of elephant poaching are possible."
The Elephant Crisis Fund (ECF) is a joint initiative of Save the Elephants and the Wildlife Conservation Network. The ECF funds the best ideas and most urgent actions by highly vetted conservation organizations working to safeguard the future of elephants. 100% of every donation goes straight to the field, with zero overhead. To date, the ECF has supported 339 projects from 95 organizations across 42 countries. The Elephant Crisis Fund has inspired donations to date of $30 million in eight years. For more information, visit elephantcrisisfund.org.
For more information about the Lomami story, watch this film about Kitona's arrest:
This August 12 for World Elephant Day, we're launching a campaign to save this important species and the habitats they call home. Join us on social media in our efforts to create a safer world for forest elephants. Learn more more at elephantcrisisfund.org/worldelephantday.
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Photography Credits: Chris Thouless, Robert Abani/Frankfurt Zoological Society, Sergey Uryadnikov, Frank af Petersens
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