However, this post will argue that it is not necessary for the Court of Justice to prove an authoritative determination on this question of EU law in order for the UK Supreme Court to decide the specific question of UK constitutional law in the (R)Miller adjudication. Therefore – in the specific case of (R)Miller – the UK court is under no obligation under Article 267 TFEU to refer the question to the Court of Justice of the European Union. The post will go on to consider the hypothetical situations in which there may be such an obligation to refer, and will suggest how the Court of Justice should determine the question in such a scenario.
Dr. Albert Sanchez-Graells has provided a robust argument for why the UK Supreme Court will be under an obligation in EU law to submit a reference under Article 267 TFEU. He states that legally a failure to refer could leave the United Kingdom exposed to infringement proceedings by the Commission. The fact that the explosive political consequences of the Commission embarking on such a proceeding makes this course highly unlikely does not change the legal reality. However, on this purely legal question, I would argue contra Sanchez-Graells that the UK Supreme Court does not need to interpret whether Article 50 enables or does not enable revocation of a notification in order to reach a decision on the specific question in the case of whether the United Kingdom's constitutional requirements for withdrawing from the European Union have been fulfilled.
At paragraph 10 of Thursday's judgment, the High Court outlined that it was 'common ground between the parties …[that] a notice under Article 50(2) cannot be withdrawn, once it is given'. As an initial point, therefore, it could be argued that the question of revocability will not come up for determination before the Supreme Court as neither party will raise the argument. However, Dr Sanchez-Graells argues that when the case reaches the Supreme Court on appeal '[e]ven if the parties do not challenge or even raise to the UKSC's consideration the matter of the (ir)reversibility of an Article 50 notification, it is a logical given that the UKSC needs to take a stance on this point in order to be able to rule on the case'. He grounds this on the requirements of the CILFIT test: accordingly the UKSC will be under an obligation to refer unless (i) the question raised is irrelevant; (ii) the EU provision in question has already been interpreted by the Court; or (iii) the correct application of EU law is so obvious as to leave no scope for any reasonable doubt.
Following Sanchez-Graells' argument, it seems clear that requirements (ii) and (iii) of the CILFIT test are not fulfilled: Article 50 TEU has never been interpreted by the court, and the silence on revocability means that there is reasonable doubt as to its application. However, I would challenge Sanchez-Graells' statement that 'it is inconceivable…to argue that the…(ir)revocability of a notice under (Article 50) is irrelevant for the adjudication of this case'. In formalistic terms, it could be argued that the appellants (the government) and the respondents (the initial claimants) proceeding on the assumption that notice under Article 50 TEU is irrevocable means precisely that the question is not relevant for the adjudication of the specific question in the case. However, even if this position were changed and the government argued that notice was revocable, for the purposes of UK constitutional law the consequences remain binary: if notice is not revoked then the salient consequences determining the question as outlined by the High Court will proceed; if notification were revoked then such consequences would not occur. This does not change the determination of the prior question of how exactly such notification may be achieved. Indeed, the fact that the 'adjudication of this case' concerns such questions of the internal constitutional requirements of the United Kingdom shows that the question does not yet fall within the scope of the Court of Justice's interpretative authority because the relevant EU law – Article 50 – has not yet been activated.
I would respectfully disagree with Dr Sanchez-Graells' initial assumption that, before the activation of Article 50, it is necessary that the CJEU provides an answer to the question of revocation. To explain this, we can reverse the analogy of statutes such as the UK's European Communities Act 1972 acting as a 'bridge' to activate the direct effect of EU law in the national order (as most recently reiterated by the High Court's decision in (R)Miller at paragraphs 37-54). The notification by a Member State of its intention to withdraw from the European Union under Article 50(2) TEU can similarly be understood as a 'bridge' from the internal constitutional order that activates the EU procedural law outlined in the rest of Article 50. The chronology is that a Member State decision is made at the purely internal level to withdraw; this withdrawal is then communicated to the Union by the bridging communicative act of the government giving notice to the European Council; consequently, this triggers the procedural EU law regulating the conditions of withdrawal.
Building upon this, a hypothetical situation can be posed to illustrate the situation in which the UK's highest judicial authority would be under an obligation to refer under Article 267 TFEU. If the United Kingdom, having already triggered Article 50 TEU, make a unilateral attempt to revoke this notice, and this exercise of prerogative power were submitted to judicial review before the UK courts, then a substantive interpretation of EU law would be necessary to determine the question in the case. Consequently, in such a hypothetical case, the UK court would arguably violate its obligations under Article 267 TFEU if it failed to refer the substantive question of whether revocation is allowed under Article 50 TEU to the Court of Justice of the European Union.
I would accept that in this hypothetical situation it is necessary as a matter of EU law for the Court of Justice to have the final interpretative authority over the legal 'gap' concerning revocation of notification found in Article 50. However, I would argue that the most desirable way in which the Luxembourg Court could exercise this authority would be to decide that the question of revoking notification falls under the constitutional requirements of the Member State. Just as Article 50(1) specifies that a decision to give notification falls under these requirements, so too should a decision to reverse this process. This would provide a coherent symmetry between the procedures for giving notification and withdrawing notification.
Of course, if negotiations of a withdrawal treaty are at an advanced stage then this could lead to a great deal of political upheaval. However, such upheaval cannot function as a reason for the Court of Justice to find such a revocation to be inconsistent with EU law – particularly with regard to the silence of Article 50 on the issue. This position is supported by the argument of Lord Kerr – one of the drafters of Article 50 TEU – that notification is revocable. He argues that if a country were to decide during exit negotiations that they wished to halt the withdrawal process then "everybody would be very cross about it being a waste of time…but legally they couldn't insist that you (the withdrawing state) leave". Consequently, my argument is that procedurally the Court of Justice must be the final arbiter of this particular issue of Article 50. However, on the substantive question, once the national court has fulfilled its obligation under Article 267 TFEU to refer, the CJEU should fill the legal gap by determining that revocation of an Article 50 notice is a matter for the internal constitutional requirements of the withdrawing Member State.
Conclusions: No Obligation to Refer, but One Final Twist?
In the present proceedings in (R)Miller, I would argue that the UK Supreme Court is not under an obligation to refer the question of the revocability of a notice under Article 50 TEU to the Court of Justice of the European Union. This is because determining the substantive answer to this gap in the EU law found in Article 50 TEU is irrelevant for the national court to determine the answer to the UK constitutional law question of whether the requirements for withdrawing from the European Union have been fulfilled.
However, the situation changes if Article 50 has been triggered and the question of whether this notification can be revoked comes before the UK Courts. In such a situation, the obligation to refer the question to the Court of Justice of the European Union would bite as this concerns a directly relevant substantive interpretation of EU law. If this situation were to arise, my personal opinion is that it would be desirable for the Court of Justice to determine effectively that revocation of notification is permissible in EU law if such revocation is in accordance with the constitutional requirements of the withdrawing Member State.
Therefore, moving back to the present litigation, in the unlikely event that the UK Supreme Court does exercise its discretion to refer the question of revocation to the Court of Justice, I would hope that the Luxembourg court shows the adjudicative wisdom to find that the question is not relevant to the determination of the present case. However, as a final twist, in the unlikely event that a reference is indeed submitted by the UK Supreme Court in December then the Court of Justice could pre-empt the hypothetical situation that I propose above. The Luxembourg Court could outline in obiter dicta that, if the question of revocation is directly on point in the future, then it is a question for the national judicial authority to decide. Consequently, if the direct question of revocation of Article 50 TEU ever does come before a UK Court, they could proceed to judgment on the question without a reference. This would be justified in EU law on the basis that requirement (ii) of the CILFIT test has been fulfilled by the Court of Justice's prior obiter dicta interpretation. Therefore, I would maintain that if the Court of Justice is ever called upon to provide an answer to the question it should find that the final substantive decision of whether an Article 50 notification can be revoked should be left to the internal constitutional requirements of the United Kingdom.
(3) Finally, in the unlikely event that the UKSC does consider that the question of revocation is 'necessary to enable it to give judgment' and it exercises the discretion under Article 267 TFEU to refer to the Court of Justice then the Luxembourg Court could pre-empt the hypothetical situation outlined above by providing an interpretation of whether revocation is possible under Article 50 TEU.
In part 3 of the summary, should the first 'CJEU' in fact be 'Supreme Court'?
Dear Andrew. Thank you very much for your keen eye! Yes the first 'CJEU' should indeed read 'UKSC' (UK Supreme Court). Best, Oliver.
This seems to be a long-winded attempt to avoid the inevitable. Sooner or later the CJEU is going to be involved in this case as, until Brexit negotiations are completed, EU law will, under the ECA 1972, still be supreme in the UK.
It would be best to get the CJEU involved now to "clear the air". How far can the UK government go on it's own now, considering the fact that the UK is still bound by a whole string of primary and secondary EU legislation, which supposedly takes precedence over UK law?
Thank you for your comment Friedrich. I understand the desirability of a "clearing of the air" and a clarification of the legal procedures for withdrawal. (Indeed, elsewhere I have argued that every Member State should clarify their "constitutional requirements" for withdrawal).
However, I would disagree that the CJEU is required for this air clearing. Indeed, you are right that relevant EU law will remain 'supreme' in the UK until the day of its withdrawal. As long as the UK respects its EU law obligations there will be no need for any infringement proceedings or preliminary references to come before the CJEU. Furthermore, if the issue of revoking an Article 50 notice never becomes a live one, there is nothing to stop the UK's withdrawal in accordance with Article 50 occuring without any involvement from the CJEU.
Because I do not believe there is any legal necessity at this point for the CJEU to make a substantive interpretation of Article 50, I believe it would actually be far more 'long-winded' if the CJEU were to become involved at this juncture and complicate the already messy picture of the UK's triggering of Article 50.
Revocation's a matter to be decided upon by the CJEU. Once article 50's been riggered it's no longer national law but EU law.
A notification creates legal effect (art 50) and raises legitimate expectations.
Fscinating the discussion among legal scholars in the UK may be, they seem to have forgotten there are other parties involved: member states, businesses, and natural persons. The CJEU has recognised the importance of legal certainty.
In the paper I argue that if the question of revocation is directly relevant for a Member State court to decide a case, then the CJEU may indeed find an obligation to refer. Consequently, I would agree that in this situation the CJEU would have the final say on the substantive matter of revocation.
I do not agree that the Court (I assume you mean the Court of Justice of the EU) "will look at" the International Law Commission draft articles that you linked. In my opinion, the CJEU has been so keen to assert the "autonomy" of the EU legal order from Public International Law that it would refrain from applying such a (non-binding) statement of opinion. Instead, I would argue that the CJEU would rule on the question of revocation from the perspective of Article 50 TEU operating as 'lex specialis'.
Finally, I find your evocation of an Article 50 notification creating legitimate expectations very interesting. I have not considered this argument in depth, but I will certainly look in my future research at whether the unilateral revocation of a notification could be held to violate any legitimate expecations created for the actors that you refer to.


text:
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A lump sum payment to help people seriously affected by the current and ongoing New South Wales floods from 14 September 2022.
Crisis Payment for Other Extreme Circumstances
You may get Crisis Payment if you've had to change where you live due to an unforeseen extreme circumstance.
New South Wales Floods, July 2022 - Australian Government Disaster Recovery Payment
A lump sum payment to help people seriously affected by the New South Wales floods in July 2022.
WA Ex-Tropical Cyclone Ellie, December 2022 - January 2023 - Australian Government Disaster Recovery Payment
A lump sum payment to help people seriously affected by Western Australia Ex-Tropical Cyclone Ellie that started in December 2022.
Victorian Floods, October 2022 - Australian Government Disaster Recovery Payment
A lump sum payment to help people seriously affected by the current and ongoing Victorian floods that started in October 2022.
Victorian Floods, October 2022 - Disaster Recovery Allowance
Support if you've lost income as a direct result of the current and ongoing Victorian floods that started in October 2022.
New South Wales Floods, September 2022 - Disaster Recovery Allowance
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NSW Floods, February 2022 - Australian Government Disaster Recovery Payment
A lump sum payment to help people seriously affected by the NSW floods starting in February 2022.
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redpajama_set_name: RedPajamaCommonCrawl


Bioactive Organic Vitamin E has powerful moisturising and protecting antioxidant properties. In combination with a complex proprietary blend of bioactive, natural and organic ingredients including Dermochlorella DP?? (tested for use on scars and stretch marks), this potent restoring and hydrating cream absorbs into the effected epidermal subcutaneous cell matrix to instantly nourish and regenerate, restoring the skins natural moisture levels to give scars and stretch marks a smoother more toned and radiant appearance.


THIRUVANANTHAPURAM: RM plc., a Britain-based information and communication technology firm, has decided to set up a centre in Technopark to develop educational software.
RM Education Solutions India Private Ltd., the local arm of the British firm, will develop innovative education software for its parent company based near Oxford.
"We chose the state of Kerala because of its commitment to supporting the development of leading edge technology companies such as RM Education Solutions India," said Colin Watson, commercial director of RM plc.
"Also, as an educational technology company we were keen to locate in a state that shared our commitment to education," he added.
"We were particularly impressed by the quality of the premises available at Technopark and have leased over 8,000 square feet."
RM Educational Solutions India will initially employ 25 people. The company plans to increase staff strength to 50 by end of this year and to more than 100 within two years.
The company will hire professionals who have software development skills in the areas of database systems, network technologies, primarily on the Microsoft platform.
RM plc is Britain's leading provider of commercial education services. Initially founded as a high technology start up exploiting the availability of low cost microprocessors, RM rapidly became a pioneer in the application of technology to education.
Today, RM is expanding its relationships with customers further by providing a diverse range of education services. It employs more than 1,200 staff.
Technopark, an autonomous society promoted by the Kerala government, is India's first technology park and among the two largest IT parks in India today.
Spread over 156 acres, and about 1.5 million square feet of built-up space, Technopark hosts over 55 IT and ITES companies, employing over 5000 IT professionals.
Among those who have already set up shops in Technopark in the last three months include giants like Mckinsey and Company, Alliance Cornhill, and Ernst and Young.


text:
package com.alipay.hulu.util;

import com.alipay.hulu.common.utils.LogUtil;

import java.io.File;
import java.io.FileInputStream;
import java.io.FileOutputStream;
import java.io.IOException;
import java.util.List;
import java.util.zip.ZipEntry;
import java.util.zip.ZipOutputStream;

/**
 * Use code from Android Zip格式压缩和解压缩(ZipUtil.java)
 */
public class ZipUtil {
    private static final String TAG = "ZipUtil";

    /**
     * 打zip包
     * @param files
     * @param dest
     */
    public static File zip(List<File> files, File dest) {
        //提供了一个数据项压缩成一个ZIP归档输出流
        ZipOutputStream out = null;
        try {
            if (dest.exists()) {
                dest.delete();
            }

            out = new ZipOutputStream(new FileOutputStream(dest));
            //如果此文件是一个文件,否则为false。
            for (File f: files) {
                zipFileOrDirectory(out, f, "");
            }

            // 停止上报
            out.close();

            return dest;
        } catch (IOException ex) {
            LogUtil.e(TAG, "抛出IOException: " + ex.getMessage(), ex);
            return null;
        } finally {
            //关闭输出流
            if (out != null) {
                try {
                    out.close();
                } catch (IOException ex) {
                    LogUtil.e(TAG, "抛出IOException: " + ex.getMessage(), ex);
                }
            }
        }
    }

    /**
     * 压缩文件
     * @param out
     * @param fileOrDirectory
     * @param curPath
     * @throws IOException
     */
    private static void zipFileOrDirectory(ZipOutputStream out,
                                           File fileOrDirectory, String curPath) throws IOException {
        //从文件中读取字节的输入流
        FileInputStream in = null;
        try {
            //如果此文件是一个目录,否则返回false。
            if (!fileOrDirectory.isDirectory()) {
                // 压缩文件
                byte[] buffer = new byte[4096];
                int bytes_read;
                in = new FileInputStream(fileOrDirectory);
                //实例代表一个条目内的ZIP归档
                ZipEntry entry = new ZipEntry(curPath
                        + fileOrDirectory.getName());
                //条目的信息写入底层流
                out.putNextEntry(entry);

                while ((bytes_read = in.read(buffer)) > 0) {
                    out.write(buffer, 0, bytes_read);
                }

                out.flush();
                out.closeEntry();
            } else {
                // 压缩目录
                File[] entries = fileOrDirectory.listFiles();
                for (int i = 0; i < entries.length; i++) {
                    // 递归压缩,更新curPaths
                    zipFileOrDirectory(out, entries[i], curPath
                            + fileOrDirectory.getName() + "/");
                }
            }
        } catch (IOException ex) {
            LogUtil.e(TAG, "Zip file " + curPath + " throws exception: " + ex, ex);
            // throw ex;
        } finally {
            if (in != null) {
                try {
                    in.close();
                } catch (IOException ex) {
                    LogUtil.e(TAG, "Close file " + curPath + " throws exception: " + ex, ex);
                }
            }
        }
    }
}

redpajama_set_name: RedPajamaGithub


The federal government must take the lead, and the tech trade ought to support its efforts. The Division of Protection said it plans to undertake an overhaul of its antiquated electronic mail system to be able to implement a decade-old encryption technology designed to safeguard emails from eavesdroppers. There is no question know-how and cellular units have changed the best way we work and communicate.
Know-how within the office allows businesses to increase shortly and efficiently. That is good news to hear on remembrance day(Dec -1 -2013) amazon introduces new revolutionary product prime air" to the world (prime air stated hi to the world).
The know-how would allow drivers to have their cars take management on what he called main roads" like highways. Another concept introduced in the course of the keynote talk on the Wall Avenue Journal convention with head of Motorola Dennis Woodside and senior vp for advanced technology and products, Regina Dugan, was a swallowable tablet.
Friends will even have the ability to track baggage on their smartphones as it's tagged with RFID technology. In the meantime, within the display screen division, HD screens have started to hit the newest premiere smartphones. One other facet folks look for within the latest technology is the largest quantity of memory or storage possible within the smallest, most transportable container potential.
By using a unique technology by the identify of Quantum Cell Code, people are apparently capable of management ageing. The Missouri Department of Agriculture on Friday ordered a brief end to the use and sales of merchandise labeled for agricultural use that contain the herbicide dicamba, effective immediately.


Exterior Area: 753 sq. ft.
Bright sunny home, large 3 bedroom, 2 1/2 baths in a luxury Condominium, located in one of the most highly regarded areas in the City, in the Heart of the Flatiron District & Union Square. A unique bright sunny space with both northern and southern exposures, the property has two large, separate terraces on either side of the apartment, and soaring 10 foot high ceilings throughout.
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text:
Take Three: Raised by Wolves
Raised by Wolves: Season 1, Episode 3 "Virtual Faith" (B-)
I'm trying to figure out if this is a show I want to continue to watch, since the premise does intrigue me but the execution is inconsistent. Opening with Mother telling the story of the wolf blowing the house down was quite on the nose for her continued narrative of the threats outside their camp, which of coursed turned out to be much truer than she ever thought with those creatures roaming around and attacking them. Asking Father to deactivate her if she did in fact kill the kids was an interesting turn of events, but she quickly returned to using her eyes and setting out to first find meds and then the missing Paul, leaving a path of destruction in her midst. Father is also confused about his purpose since he needs to be of use to the family, which is something he hasn't felt in a while given Campion's rebellious nature and Mother's frightening shift. It turns out that the ark had plenty of survivors, including Sue, who I now realize is played by an actress I've been watching in another HBO Max show, Niahm Algar from "Pure." I was also excited to see Matias Varela, the standout of season three of "Narcos," as Lucius, who nearly caught Marcus in a lie before he came to his own defense with a reference to their deity. Otherwise, he's not doing a great job of keeping his cover, and his playful behavior in the simulation during their journey was also indicative to his son that he had indeed changed. The emphasis on military hierarchy is excessive, especially when it comes to carrying a man on a throne through the desert, and I think that's one system that's going to cripple as Mother continues to pursue them and they inevitably encounter the creatures who are also roaming the planet.
Labels: Raised by Wolves, Virtual Faith
What I'm Watching: Fargo
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A "Walking Dead" for a New Generation and a New Mo...
AFT Awards: Best Ensemble in a Comedy Series
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AFT Awards: Best Ensemble in a Limited Series
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AFT Awards: Best Directing for a Limited Series or...
AFT Awards: Best Writing for a Comedy Series
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AFT Awards: Best Guest Actress in a Comedy Series
AFT Awards: Best Guest Actor in a Comedy Series
AFT Awards: Best Guest Actress in a Drama Series
AFT Awards: Best Guest Actor in a Drama Series
Pilot Review: Utopia
Take Three: Tehran
Round Two: Tehran
Pilot Review: Tehran
What I'm Watching: Raised by Wolves
Pilot Review: The Murders at White House Farm
What I'm Watching: Dead Pixels (Season Finale)
What I'm Watching: Manhunt: Deadly Games (Season P...
Round Two: We Are Who We Are
Pilot Review: Filthy Rich
Round Two: The Third Day
AFT Awards: Best Supporting Actress in a Limited S...
AFT Awards: Best Supporting Actor in a Limited Ser...
AFT Awards: Best Supporting Actress in a Comedy Se...
AFT Awards: Best Supporting Actor in a Comedy Series
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AFT Awards: Best Supporting Actor in a Drama Series
AFT Awards: Best Lead Actress in a Limited Series ...
AFT Awards: Best Lead Actor in a Limited Series or...
AFT Awards: Best Lead Actress in a Comedy Series
AFT Awards: Best Lead Actor in a Comedy Series
AFT Awards: Best Lead Actress in a Drama Series
AFT Awards: Best Lead Actor in a Drama Series
Emmy Reactions
Final Emmy Winner Predictions
Creative Arts Emmy Winners
ICYMI: Emmy Panel
Pilot Review: Ratched
Emmy Winner Predictions: Best Comedy Series
Emmy Winner Predictions: Best Drama Series
What I'm Watching: Pure
What I'm Watching: Five Bedrooms
What I'm Watching: Brave New World (Season Finale)
What I'm Watching: Orange is the New Black (Series...
Emmy Winner Predictions: Best Supporting Actress i...
What I'm Watching: Dead Pixels
Emmy Winner Predictions: Best Lead Actress in a Li...
Emmy Winner Predictions: Best Supporting Actor in ...
Emmy Winner Predictions: Best Lead Actress in a Co...
Emmy Winner Predictions: Best Lead Actor in a Come...
Emmy Winner Predictions: Best Lead Actress in a Dr...
Emmy Winner Predictions: Best Lead Actor in a Dram...
Pilot Review: We Are Who We Are
Pilot Review: The Third Day
What I'm Watching: We Hunt Together (Season Finale)
Live Emmy Panel Tuesday Night!
What I'm Watching: Coastal Elites
Take Three: Pure
Pilot Review: The Duchess
What I'm Watching: Intelligence (Season Finale)
What I'm Watching: The Capture (Season Finale)
What I'm Watching: Hitmen (Season Finale)
Netflix with Abe: Orange is the New Black (Penulti...
Emmy Winner Predictions: Best Limited Series
Emmy Winner Predictions: Best TV Movie
Pilot Review: Woke
Emmy Winner Predictions: Best Writing for a Comedy...
Emmy Winner Predictions: Best Directing for a Come...
Emmy Winner Predictions: Best Writing for a Drama ...
Emmy Winner Predictions: Best Directing for a Dram...
Emmy Winner Predictions: Best Lead Actor in a Limi...
Emmy Winner Predictions: Best Writing for a Limite...
Emmy Winner Predictions: Best Directing for a Limi...


text:
package org.wso2.carbon.apimgt.hostobjects.util;

import com.fasterxml.jackson.databind.ObjectMapper;
import io.swagger.util.Json;
import io.swagger.util.Yaml;
import org.apache.commons.io.IOUtils;

import java.io.IOException;
import java.io.InputStream;

public class TestUtils {

    private static <T> T deserializeFileFromClasspath(String path, Class<T> type, ObjectMapper objectMapper) {
        final InputStream resource = TestUtils.class.getClassLoader().getResourceAsStream(path);

        String contents;

        if (resource == null) {
            throw new RuntimeException("Could not find file on the classpath: " + path);
        }

        try {
            contents = IOUtils.toString(resource);
        } catch (IOException e) {
            throw new RuntimeException("could not read from file " + path, e);
        }

        try {
            T result = objectMapper.readValue(contents, type);
            return result;
        } catch (IOException e) {
            throw new RuntimeException("Could not deserialize contents into type: " + type, e);
        }
    }

    public static <T> T deserializeJsonFileFromClasspath(String path, Class<T> type) {
        return deserializeFileFromClasspath(path, type, Json.mapper());
    }

    public static <T> T deserializeYamlFileFromClasspath(String path, Class<T> type) {
        return deserializeFileFromClasspath(path, type, Yaml.mapper());
    }
}


text:
Q: Strange behaviour with Xcode and iphone I've stumbled upon what seems like an impossible situation with an iphone app. I have three boolean variables which all are NO (false) and then I test in an if statement whether they is at least one of them as YES (true).
Well, as you can see in the screenshot, the debugger steps inside the if clause and eventually adds the value of BOTTOM_HEIGHT to the height variable. This seems absolutely backwards, have I found a quantum boolean or something? (jk)
Here is the screenshot:

I have already tried to clear the project, Reset the contents and settings of the simulator and even deleted the Derived Data from the xcode build folder in case it was caching old code and nothing seems to work.
----- Update ------
Ok, it seems that it works ok but the variables after debugging with the ideas provided by Maverick1st aren't being reported correctly and hasAvatar, hasRating and haOpinions are always shown as NO. I've figured out that the problem with the result being incorrect is on the offer which is a NSManagedObject is never null despite setting as null when I initialize the object and when I log it I get this:
2011-09-22 10:00:03.889 11870.com[2613:207] offer: (null)

This object gets initialized in a separate project in the workspace that gets added as a static library and I think I've deleted the library's build files so that they get generated again. In fact, I know it since otherwise it would give me a compilation error since on previous version of the library we didn't have the offer property.
I'm gonna do further investigation to see if I find why is this happening.
PS: can someone reedit my post, since it doesn't let me post images yet, thanks

A: Have you tried formulating explicitly with (hasEdit == YES)-terms?

A: Try to write the statement
if(hasRating ││ hasAvatars ││ hasOpinions)

as seperate if statements.
---------Edit----------
Ok, so maybe it will work like this way. This is at least how i do those kind of things.
BOOL b_oneOfTheThreeIsTrue;

if(hasRating)
    b_oneOfTheThreeIsTrue = true;
if(hasAvatars)
    b_oneOfTheThreeIsTrue = true;
if(hasOpinions)
    b_oneOfTheThreeIsTrue = true;

Still good to debug and you can check for the one variable in your if statement.
if(b_oneOfTheThreeIsTrue)
    doSomething;

A: Ok, after further investigation I found that there were several problems.

*

*With the quantum booleans the debugger for the simulator was going "bananas" when running the release build. When running on debug it works as expected.

*The offers never being null turned to be a problem with CoreData returning a NSNull object. I found the solution here: if statement fails with variable from CoreData managed object

*Another problem I didn't report is that the height of the cell weren't correct but I just reduced one of the measures used to calculate the total height as a workaround since it looks like the offset was constant.

Thanks for all the responses, it was really helpful.
PS: Should I select this answer as correct or wait for voting? Quite new poster here :)

Update:
I finally got to the source of the issue for the third problem ans why it was returning a reference to [NSNull null] instead of nil as it does with the rest of relationships in CodeData.
The secondary project that handles the DAO operations had no target and the target dependency got lost somehow when changing from Xcode 3.2 to Xcode 4.0 a couple of months back. It wasn't giving me a problem with the selector since the model was being copied in a different way.
Well, apparently CodeData has 2 different null states for objects: NSNull for when the object has not been set and nil when you give the value nil (Which I tent to do in the parse and hence it didn't return NSNull before)
Anywho, all seems to be working more or less as expected.

redpajama_set_name: RedPajamaStackExchange


text:
Classical Landscape with Boys Bathing
You searched for: P116D - Classical Landscape with Boys Bathing
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Leeds Museums and Galleries (Leeds Art Gallery) U.K. / The Bridgeman Art Library
Ascribed to Wilson
88.9 x 116.9 cm
35 x 46 in.
Leeds Museums and Galleries. To license images click here.
LEEAG.PA.191.0251
Before a calm wide river dominated by a domed ancient ruin three bathers are embarking on or returning from a swim while a cow and sheep are seen below on the right. Further back on the right bank the ruin, a tower and other buildings are set among woods on the cliffs. Beyond in the left distance are a hill-town and mountains. The sky and clouds are suffused with the golden rays of the sun.
Henry Barran, J.P. (1856-1942), Shadwell Grange, Moor Allerton, Leeds; presented to Leeds City Council, 1913
J.M.W. Turner, watercolour (T.B. XXXIII-I, Tate, London)
One of numerous idealised landscapes by or after Wilson, based on the scenery he had observed in Italy in the 1750s. The domed ruin in the centre is derived from a building just outside Rome, known in the 18th century as the Temple of Minerva Medica. The bathers in the foreground, with their overtones of classical sculpture, likewise suggest Antiquity. In contrast to those in the other versions, however, both naked figures here seem to be female.
WGC 1953, p. 213, pl. 99b (version 2)
Richard Wilson (1713/14-1782) River Scene with Bathers, Cattle and Ruin (Landscape with Bathers), Leicester Museum & Art Gallery, Leicestershire, UK
Studio of Wilson, River Scene with Bathers, Cattle and Ruin, Tate, London
Richard Wilson (1713/14-1782) River Scene with Bathers, Cattle and Ruin, Ashmolean Museum, University of Oxford
Richard Wilson (1713/14-1782) River Scene with Bathers, Cattle and Ruin, The Huntington Library, Art Collections, and Botanical Gardens, San Marino, California


Schools, Instituition, Societies or group purchase ( min 10 tickets ) is entitled up to 30% discount. Terms & conditions apply.
Children of age less than 5 are not permitted to enter the auditorium. Children of age 5 and above accompanied by adults are allowed to enter the auditorium with paid admission.


text:
5 Times Amy Schumer's Raunchy HBO Special Said Something About Battle of the Sexes
Body image issues, sex and men vs. women are hot topics in comedian's first HBO stand-up special
Linda Ge | October 17, 2015 @ 8:00 PM	Last Updated: October 18, 2015 @ 12:13 PM
Amy Schumer confirmed her "sex comic" chops during her first HBO stand-up special Saturday night.
The comedian's show, filmed at New York's famed Apollo Theater and directed by Chris Rock, wasn't for the prudish, as Schumer went deep into sex talk and introduced herself by stumbling on stage with a bottle of white wine, which she chugged throughout the set.
No one was off-limits as Schumer told her signature brand of raunchy jokes, mostly about getting laid — and worked in references to Oprah, Michelle Obama and Gandhi.
Also Read: What Top Comedians Like Amy Schumer, Aziz Ansari Get Paid for College Gigs (Photos)
The outspoken comedy it-girl did more than just talk about peeing after sex. She used humor to bring attention to topics that have become hot button issues lately, including body image, the difference between how men and women are treated, and slut-shaming women who enjoy sex.
Here were five times Schumer used her raunchy humor to shine a light on more serious topics.
1. New York vs. Los Angeles
Schumer praised New York for its everyman attitude – "I can catch a D here pretty much whenevs" — and took a dig at L.A., particularly its endless stream of hot people.
"People don't even see me there," she said. "They're just like, 'is that a fat tumbleweed?'…. It got to the point where, someone tweeted about another actress, 'she looks like a fat Amy Schumer' And I was like, 'Yes!'"
Also Read: Amy Schumer Tears Up Over Body Image 'Struggle' on 'Today' (Video)
2. Onscreen romances
Poor Kevin James was the target of Schumer's attack on movie romances, wherein less attractive men are often paired with gorgeous female love interests. In "Zookeeper," Rosario Dawson — whom Schumer calls "arguably the most fuckable actress ever" — was that love interest, pining after James' character.
"That movie is about talking animals. There's a beaver and a penguin who are friends and talk about opening a bed and breakfast, but that's not the most unrealistic part of that movie," Schumer quipped. "[Dawson] should get an Oscar for that fucking movie. Let's see Meryl [Streep] do that. I dare you, Meryl. Pretend like you're dying to have Kevin James deep dick you."
3. "Trainwreck"
Schumer also candidly went after the people behind her hit movie "Trainwreck." While she assumed someone like Blake Lively would end up playing the lead in the Judd Apatow-produced comedy, she was ecstatic to learn Universal wanted the comedian herself for the role.
However, when they said "be yourself," they didn't exactly mean it.
Also Read: Amy Schumer Doesn't Recognize 'Trainwreck' Co-Star in New 'Saturday Night Live' Promo (Video)
"We just need you to do three things," she recalled execs saying to her. "One, just be yourself. Two, have fun. And three, stop eating food."
4. Kate Upton
Schumer cracked jokes about meeting Kate Upton at a basketball game.
"Oh, I get it, I'm not a real woman, I'm just harvesting organs for one," Schumer said as she recalled the first time she saw the Sports Illustrated model. "So if Kate was ever like, '/my liver feels weird,' I'd just be like, 'Well, here' and bleed out."
The comedian also took issue with the double standard afforded to beautiful women, shared via anecdote of what happened when her friend met the model at the game. "She was actually really funny," was his account of the meeting.
"No way," Schumer retorted. "We just have such low expectations for hot people to be anything. You were probably just blown away [that] she wasn't just sitting there playing with her tits and drooling. I was like, 'What did she say that was so funny?' and he said, 'Well we were talking about playing pool later and she was like, Get ready to lose!' Oh, when's her hour-long special coming on HBO?"
Also Read: Jennifer Lawrence Continues to Earn Amy Schumer's Respect by Insulting Comedian's Emmy Look (Video)
5. "The sex comic"
Schumer addressed how she's viewed in the comedy world, and attributed it to guys being allowed to talk about sex — and enjoy sex — but girls being taught to be afraid of it.
"I feel like a guy could get up here and literally pull his dick out and everybody would be like, 'He's a thinker,'" she joked.
She also talked about the different ways that men and women are taught about sex, and described the act as a fact of life, something every woman deals with, from Supreme Court justice Ruth Bader Ginsburg to First Lady Michelle Obama.
"We're told over and over again, men love sex, and women just deal with it," she said. "Every sitcom, it's the guy coming home from work, 'Honey, how about tonight, huh?' and she's always like, 'Blech, you know I hate your dick,' laundry, laundry. It's insane. I don't know any girls like that."
"Amy Schumer Live at the Apollo" premiered Saturday at 10 p.m. ET on HBO.
What Top Comedians Like Amy Schumer, Aziz Ansari Get Paid for College Gigs (Photos)
Amy Schumer: $50k-$100k
The "Trainwreck" star's price tag is no joking matter
Also Read: Comedians Dump Campus Gigs: When Did Colleges Lose Their Sense of Humor?
Also Read: 15 Comedians Who Were Under Fire Over Jokes: Stephen Colbert, Amy Schumer and Trevor Noah
Hannibal Buress: $20k-$50k
Buress became a household name after doing a comedy bit in 2014 about rape allegations against Bill Cosby, which was picked up by various news outlets
Aziz Ansari: $50k-$100k
Ansari played Tom Haverford on the NBC hit series "Parks and Recreation"
Marc Maron: $10k-$20k
Though his rate is on the low end, Maron once interviewed President Barack Obama on his "WTF with Marc Maron" podcast
Loni Love: $10k-$20k
Love is one of the hosts of BET talk show "The Real," alongside Tamera Mowry, Tamar Braxton, Adrienne Bailon and Jeannie Mai
T.J. Miller: $20k-$50k
Miller currently stars in HBO's sitcom "Silicon Valley"
Aisha Tyler: $10k-$20k
Tyler hosts "Whose Line is it Anyway?" on The CW
Craig Robinson: $20k-$50k
The standup comedian is best known as Darryl Philbin on "The Office"
Garfunkel and Oates: $10k-$20k
The comedic duo Garfunkel (Riki Lindhome) and Oates (Kate Micucci) first met at the Upright Citizens Brigade Theatre in Los Angeles
Jamie Kennedy: $20k-$50k
Kennedy's film and television credits include "Scream," "Malibu's Most Wanted," "Son of the Mask" and "Ghost Whisperer"
Erik Griffin: $10k-$20k
Griffin is most recognizable as Montez Walker in "Workaholics"
Anjelah Johnson:
This former NFL cheerleader is best known for her comedic bit about nail salons
Finesse Mitchell: $6k-$10k
Mitchell was formerly a cast member on "Saturday Night Live"
Anthony Jeselnik: $20k-$50k
Jeselnik replaced JB Smoove as host of NBC's "Last Comic Standing"
Gabriel Iglesias:
$50k-$100k
The self-named "Fluffy" recently starred in "Magic Mike XXL"
Here's how much top comics charge, according to Funny Business, which helps book talent for campus and corporate gigs
HBO Greenlights Issa Rae Comedy 'Insecure'
By Linda Ge | October 15, 2015 @ 4:37 PM
Vice Hires Former Bloomberg Chief Josh Tyrangiel to Run HBO Newscast
By Jordan Chariton | October 14, 2015 @ 11:31 AM
HBO Picks Up Lena Dunham Comedy Pilot 'Max'


Currently 4500 feet asl and a 5 knot tail wind.
Have been tracking it since the departure. Finally over my house. What a sight. Fanastic!! My picture is not to bright due to the cloud, but it still looks wonderful to the naked eye. Safe flight!!!
Oh by the way I was at the corner of Loop 375 and Carl lonquemere at 1:50.
Do you have any idea when you might be approaching Tucson? This is exciting! I go nuts even when the MetLife or Fuji blimp is in town for a golf tournament!
I found this blog from a link at the blog "All Cars, All the Time". What kind of power source does your ship have?
We have 3 Lycoming IO-360 engines. 2 on the side, 1 on the rear that drives both the lateral fan, and the swiveling thrust.


situated v. AAA Credit Service Collection Agency, Inc., Case No.
and contradicting the validation notice required by 15 U.S.C.
consumer with an effective validation notice.
Plaintiff Palces is 67 years old and resides in San Mateo County.
undermine the effectiveness of the validation notice.
fees, and such other relief as the court may deem just and proper.
class was denied. The case went to mediation on March 11, 2010.
2011. The mediation was held and the case did not settle.
which will be covered by its insurance.
which Ambassadors Group, Inc. had or has a controlling interest."
Defendants' alleged false and misleading statements.
is available at http://is.gd/fxSxoRfrom Leagle.com.
situated v. American Zurich Insurance Company, Case No.
with accurate itemized statements of wages earned.
including an office in San Francisco.
a Senior Claims Examiner from April 2005 to December 2010.
'backstabbing,'" the class claims -- and that's not all.
or get involved in office politics,'" the complaint states.
for management roles," according to the 85-page complaint.
would now be occupying," if not for discriminatory practices.
Pharmaceuticals, et al., Case No. 11-cv-_____, docketed as Doc.
Neighbourhood Plan Strategy go ahead.
Hodson praised the community for pulling together on the issue.
121 doors and only two people supported the plan."
properties could consider legal action.
strong negative response to the neighborhood plan.
Company's March 22, 2011, Form 10-K filing with the U.S.
the Company's financial condition or results of operations.
country with "pure white stock" under its White Australia Policy.
issuing a formal apology in 2009.
located in Australia, called 'Christian Brothers Oceania,'"
Christian Brothers (CCB) is legally distinct.
the Congregation of Christian Brothers -- North American Province.
the order under "pontifical right."
"This, however, is a religious determination, not a legal ruling,"
the decision was "absolutely correct and totally fair."
Sharma & DeYoung, also in Manhattan.
fiscal year ended December 31, 2010.
LITIGATION for a total of $336 million, subject to court approval.
2009, the District Court granted final approval of the settlement.
Judgment was entered on November 3, 2009. Appeals have been filed.
Issuance Trust's March 22, 2011, Form 10-K filing with the U.S.
CARD INTERCHANGE FEE AND MERCHANT DISCOUNT ANTITRUST LITIGATION.
scheme, perpetrated by Joseph "Guiseppe" Viola, a Citi client.
house method of calculating credit scores.
According to a March 22, 2011, Form 8-K filing with the U.S.
fairness opinion with respect to the Proposed Transaction.
the surviving entity and a wholly owned subsidiary of DSW.
executive officer, and DSW and that in one case, DSW Merger LLC.
Marie Ochoa, on behalf of herself and others similarly situated v.
and sale of pharmaceutical products in the United States.
Plaintiff Ochoa was employed by defendant in California as a "
Specialist" from June 2002 to January 2011.
v. Entertainment Shopping, Inc., Case No. 11-cv-01353 (N.D. Calif.
Philadelphia, Pa. Defendant operates the "entertainment shopping"
website Swoopo.com, which hosts online auctions.
year ended January 29, 2011.
the California Business and Professions Code.
include two named plaintiffs and nearly 300 opt-in class members.
respond to the requests for admission served by the defendant.
defendant for failure to comply with the November 30, 2010, order.
deadlines to accommodate the depositions.
Fastfunding Company, Inc., et al.
National Arbitration Forum pursuant to court's mandate.
going forward with the lawsuit.
available for free at http://is.gd/xqCeBZfrom Leagle.com.
approval of the proposed settlement on May 20.
Sandhurst Trustees customers or their investments.
companies, Turner Hopkins said on its website.
activities of the failed finance companies and protect investors,"
losses incurred by them as a result," the firm said.
payment at all for bringing this case," Turner Hopkins said.
Zealand finance companies during the period between 2006 to 2009.
for the quarter ended September 30, 2010.
Circuit Judges Richard E. Posner, Daniel A. Manion, David F.
v. King Architectural Metals, Inc., Case No. 10-8050 (7th Cir.).
ruling that CE Design was an adequate representative of the class.
The class suit is remanded for further proceedings.
Zicam nasal gels and sprays.
it was "poised for growth" and had "very strong momentum."
Circuit revived the shareholders' complaint.
nasal sprays and gels in scientific journals.
as well," Justice Sotomayor wrote.
Avenatti, on behalf of the same class of people.
determine which of the law firms will get control of the case.
workers were unable to finish in time for the Feb. 6 game.
purchased or were delayed in getting into the game.
Bowl; or reimbursement of their expenses for Super Bowl XLV.
to any future Super Bowl.
gave Goldfarb Branham one week to file a similar motion.
opinion on which firm should get control of the class-action suit.
venues for getting class-action certification.
calculated on their child support arrears.
A. Cassou, Case No. 08cv1697-Lab (S.D. Calif.).
Exchange Commission for the fiscal year ended December 31, 2010.
and seeks damages for losses caused by the alleged wrongdoing.
court on December 22, 2009. In addition to the Company, Brian W.
year ended December 31, 2010.
$17.91 a share or $1 billion.
A copy of the Complaint in Kolton v. Gray, et al., Case No.
thousands of investors left out of pocket.
over the collapse of Capital + Merchant Finance.
launching class action proceedings of its own.
for the past 12 months analyzing these potential claims.
activities of the failed finance companies and protect investors.
required to pay any legal fees unless successful.
otherwise not have the financial resources.
them to register their interest.
more firms, including some of the largest U.S. investment firms.
the United States District Court, Southern District of New York.
statements issued in response to TheStreet's story.
"collaboration with a third party not-for-profit group practice."
hearing was postponed and is being rescheduled.
California (In re Rentech Securities Litigation, Lead Case No.
pay) plaintiffs' attorneys fees and expenses of up to $300,000.
be covered by its insurance carriers.
conditions including notice to the Company's stockholders.
-- provides clean energy solutions.
behalf of themselves and all others similarly situated v.
2011, is concurred by Judges Johnny J. Butler and Rochelle S.
"This has been a long and difficult situation for all concerned,"
an amicable resolution has been reached."
cases over Katrina, he said.
preliminary approval by the court," she said.
return a phone call and e-mail seeking comment on the settlement.
also in New Orleans, were closed for months after the hurricane.
causing more than $80 billion in damage.
"It will be virtually impossible for us to get a fair jury,"
Mr. Clayton told Ledet on March 22.
court documents filed on March 21.
exchange lack standing to sue in U.S. courts.
the relevant evidence are located here."
is scheduled for June 6.
between May 10, 2005, and Feb. 2, 2010.
the statements had no material effect on Toyota's shares.
Toyota's reputation and consumer appeal."
"aggregated action" filed in the action In re Trans Union Corp.
Privacy Litigation, Case No. 00 C 4729, MDL Docket No. 1350 (U.S.
credit information Trans Union allegedly improperly disclosed.
payments that it makes to the PSCs.
and Order is available at http://is.gd/xTq7ntfrom Leagle.com.
loans than borrowers in non-minority areas of Los Angeles County.
"motivating reason" for Wells Fargo's conduct.
award of $4,000 per loan.
are least equipped to deal with it."
neighborhoods from using the program.
claims on behalf of Piedmont REIT.
of the seven counts of the amended complaint in their entirety.
certain defenses to the second amended complaint.
petition for permission to appeal was denied on October 30, 2009.
denied the plaintiff's motion for leave to amend on June 23, 2009.
Ronald Sy, Christopher Patalinghug, Frauline Abangan and Peter A.


text:
crater (n.)
1610s, "bowl-shaped mouth of a volcano," from a specialized use of Latin crater, from Greek krater "large bowl from which red wine mixed with water was served to guests," from kera- "to mix," from PIE root *kere- "to mix, confuse; cook" (see rare (adj.2)).
The extension to volcanoes began in Latin. The literal classical sense is attested in English from 1730. Applied to asteroid scars on the moon since 1831 (they originally were thought to be volcanic) and later extended to other planets. Meaning "cavity formed by the explosion of a military mine" is from 1839. The Battle of the Crater in the U.S. Civil War was July 30, 1864.
As a verb, "having a crater or craters," by 1848 in poetry, 1872 in scientific writing. Related: Cratered; cratering.
Entries related to crater
Share crater
Definitions of crater from WordNet
a bowl-shaped geological formation at the top of a volcano;
Synonyms: volcanic crater
a bowl-shaped depression formed by the impact of a meteorite or bomb;
a faint constellation in the southern hemisphere near Hydra and Corvus;
Dictionary entries near crater
crapulent
crapulous


Chuseok is one of the largest gifts giving holidays in Korea, and to help you acquire the perfect gifts for treasured family, colleagues and business associates, Millennium Seoul Hilton is offering several luxury gift hamper sets for sale. Gift hampers go on sale from Monday, August 27th through to Friday, September 21st (September 17th for nationwide delivery excluding Jeju Island).
These beef sets feature prime grade (1++) U.S. Certified Angus beef in a variety of cuts including strip loin, tenderloin, and rib eye, all certified by the American Angus Association. The gift sets come with Millennium Seoul Hilton's own marinade. LA Galbi is also offered.
These yellow croaker (23-25 cm) are filled with roe, and are similar to the ones served at the Emperor's own dinner table.
An assortment of acclaimed wines including two bottles of Big Red Beast for KW49,000 and other premium wines.
Three sets are available offering executive room and suite accommodations, breakfast for two at Café 395, dinner buffet for two at Café 395, and executive lounge access.
Nationwide delivery (excluding Jeju Island) is available and included in the cost of the gift sets. Orders made by 6pm on Friday, September 17th will be guaranteed delivery anywhere on the peninsula (excluding Jeju-do). Orders made from September 18thth to the 21st can only be delivered within the Seoul area. All prices are inclusive of 10% VAT.
For Chuseok Gift Hamper enquiries, please call (02) 317-3066.


The United Nations Educational, Science, and Cultural Organization celebrates World Science Day 2016 on Nov. 10th focusing on science centres and museums.
UNESCO's World Science Day for Peace and Development seeks to highlight how science and technology can help reduce poverty, protect the environment and improve the quality of life of our entire planet.
World Science Day focuses on celebrating science centers and museums around the world to promote direct access to information and discovery. The holiday is centered around the idea that the fair dissemination of scientific knowledge can play a major role in achieving peace and spurring innovation.
The United Nations Educational, Scientific and Cultural Organization (UNESCO) was born on November 16th, 1945 after one the most terrible losses of life humanity has witnessed: World War II.
UNESCO set a broad and ambitious goal: to plant the seeds of peace in the mind of every man and woman on Earth through encouraging collaborative innovation.
Directly competent in the field of cultural science, UNESCO has developed a set of international instruments for the protection of creative diversity in the world. The World Heritage Convention (1972), for instance, is considered one of the most effective international instruments in encouraging the conservation of heritage sites.
In order to rejuvenate its commitment to science, UNESCO initiated World Science Day for Peace and Development in 2001. As a result, the holiday is celebrated annually worldwide on November 10th.
Each year, this event offers an opportunity to reaffirm the commitment to achieving the objectives and recommendations of two documents adopted by the World Conference on Science: the Declaration on Science and the Use of Scientific Knowledge, and the Science Agenda-Framework for Action.
On this holiday, UNESCO aims to engage public discussion over emerging scientific issues and the relevance of science in daily life.
UNESCO hopes that by focusing on science centers and museums that more world citizens will overcome obstacles that prevent them from finding a place to appreciate the sciences.
This year, the organization will emphasize strengthening involvement in science discussion as a means to achieve sustainable development.
In addition to preserving and protecting precious artifacts, Science Centers and museums are designed to present information in the most accessible way to the public to encourage learning and intellectual curiosity. Thus, they are one way we may strengthen the links between the academic institution and the public in general.
UNESCO looks to encourage innovation and ensure that every person has access to scientific study, and World Science Day is to raise awareness of their mission.
Happy World Science Day 2016 from Edgy Labs!


In a divided opinion, the Indiana Court of Appeals has reversed a trial court's denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.
Kenneth Vaughn was charged with Class D felony robbery and other charges for allegedly robbing a bank in Merrillville. During a three-day trial in 2008, court records show that Vaughn repeatedly presented then withdrew requests to represent himself. On the final day of trial, Vaughn took the stand, and rather than answer his attorney's open-ended question about events on the day of the robbery, Vaughn instead began criticizing his attorney.
Lake Superior Judge Thomas Stefaniak, Jr. interrupted at least four times, instructing Vaughn to stop talking. Vaughn continued talking about his attorney, and the judge ordered the jury to be removed from the courtroom. While the jury was still present, the bailiff put his hand over Vaughn's mouth and handcuffed him.
With the jury out of the courtroom, the judge spoke to Vaughn, expressing his frustration that Vaughn had been "flimflamming back and forth" about whether to represent himself and saying that he believed Vaughn may have been trying to cause a mistrial all along. After that conversation, the bailiff removed Vaughn's handcuffs, and the jury and all parties returned to the courtroom. Vaughn then answered his attorney's questions without incident.
The jury found Vaughn guilty of Class C felony robbery and Class D felony resisting law enforcement, and the court sentenced him to six years on the first count and two years on the second, to be served consecutively.
In Kenneth Dwayne Vaughn v. State of Indiana, No.45A05-1102-CR-57, Kenneth Vaughn appealed the trial court's dismissal of his motion for mistrial. The appeals court wrote that in order to grant a mistrial, the defendant must prove that he was placed in "grave peril" – the gravity of which is measured by its persuasive effect on the jury.
Citing Wrinkles v. State, 749 N.E. 2d 1179, 1193 (Ind. 2001), the COA held that a defendant should be handcuffed only when he presents a danger to those in the courtroom, to prevent his escape, or to maintain order during trial, because the use of restraints could cause jurors to assume a defendant is guilty.
In Vaughn, the appeals court held that the trial court overreacted to Vaughn's disruptive comments and that despite his continuous waffling about whether to proceed pro se, he had not previously disrupted proceedings.
The COA majority wrote: "We realize that it sometimes takes superhuman effort to restrain the natural frustration of dealing with difficult people at challenging times. We also recognize that this action is totally out of character for this seasoned and fine trial court judge." Muzzling and restraining Vaughn, the appeals court held, deprived him of a fair trial before an untainted and impartial jury. It reversed and remanded for a new trial.
Judge Ezra Friedlander dissented, stating that he believed the trial court's actions in silencing Vaughn were appropriate. Both the trial court and the defense, Friedlander wrote, were concerned that Vaughn was about to make statements on the stand that might cause a mistrial, and no one could predict whether Vaughn would have continued to disregard the judge's orders to be quiet. Judge Friedlander also wrote that the jury would likely understand the reason for the restraints and would not assume that Vaughn was a dangerous person.


text:
Vocabulary Builder - Editorials
Editorial Page: No place for scholarship with meaning (Source: The Hindu)
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No place for scholarship
New guidelines cutting the number of MPhil and PhD students a professor can supervise will kill research.
The claim that something as innocuous as the number of MPhil students that a university teacher is allowed to supervise will determine the future of research in Indian universities must seem far fetched. However, the drastic cuts mandated by the latest (2016) University Grants Commission (UGC) guidelines on MPhil and PhD are indeed alarming, and it is worrisome that they have not received the attention they demand. A three-tier balance For those unfamiliar with it, research in Indian universities is located at the top rung of a three tiered structure. The bottom rung is made of undergraduates who account for the vast majority of students in higher education, and are enrolled in a range of disciplines in the arts, social sciences, sciences, technology, and so on. The second rung is expectedly much smaller and consists of student enrolled for two-year post-graduate degrees. The third tier, much the smallest, is that of research students who may either enrol directly in the PhD degree, or opt to do an MPhil degree (usually of two years duration) before eventually going on to the PhD. The two-stage option is designed to address the need that master's students often feel for additional training and skills before taking on the challenge of conducting original research for several years. This is a common requirement because in India master's level courses do not involve original research — they emphasise the assimilation and reproduction of existing knowledge. The MPhil helps to orient students towards the new and entirely different activity of research aimed at adding to current knowledge by asking and answering new questions. Moreover, an MPhil degree makes one eligible for a full-time teaching position at the university and college level, and is thus critical for expanding faculty strength. Many commentators have remarked on the extraordinary expansion of Indian higher education in recent years. Official statistics show that enrolment has doubled over the past decade, placing us among the largest such systems in the world. Equally remarkable is the restructuring that has accompanied and enabled expansion. Increasing privatisation has meant that the majority of colleges today are privately managed (though many may also receive some government aid). The oxygen of access There has also been a widening of access to students from disadvantaged backgrounds who are the first from their families to enter higher education. Apart from the very poor who have little chance of going beyond school, the presence (albeit to varying degrees) of students from rural areas, Scheduled Castes and Scheduled Tribes, Other Backward Classes, Muslims is transforming what until recently was an elite structure. Moreover, women from all these groups are also present in numbers large enough to approach parity with men (official figures for 2015-16 place the share of female enrolment at 46.2%). Even more unprecedented is the fact that this kind of diverse student body is found not just at the lowest rungs of higher education but also at the top. Thanks to the implementation of reservations and the willingness of parents from vulnerable backgrounds to invest in higher education for their children, this transformation is also visible in postgraduate and research level classrooms. There is, therefore, a tremendous sense of promise associated with this historical moment. Indian higher education is poised to produce new generations of students at all levels, including young researchers from hitherto under-or un-represented groups who can expand and transform the knowledge base of society. They will also form the next generation of university and college faculty. However, instead of enabling and strengthening this surge, the UGC's 2016 guidelines (which are mandatory for all institutions from the 2017-18 academic year) appear to be bent on halting and reversing it. The "vision" of these guidelines, embedded in its various clauses, is to severely curtail the number of MPhil students, perhaps with the intention of doing away with the degree altogether. The previous guidelines of 2009 allowed faculty to supervise up to eight PhD and five MPhil students, with the overall cap intended to regulate faculty workload. Surprisingly and inexplicably, the 2016 guidelines now say that an assistant professor can have just one MPhil and four PhD students; an associate professor two MPhil and six PhD students; and a full professor three MPhil and eight PhD students at a given point of time. Moreover, it has been further decided that only full time regular faculty of a given department can be supervisors; that arrangements across departments (for interdisciplinary research) would require co-supervisors; and that supervisors from affiliating colleges must have at least two publications in refereed journals to be eligible to supervise. Keeping in mind that the MPhil is a two-year degree, with supervisors being allotted during the course of the first year itself, these guidelines amount to cutting down on student intake every other year, leading to unviably small cohorts at best. If anything, the significance of the MPhil has only grown in recent times. Today, more than ever before, State universities have been starting MPhil programmes in the pure sciences, social sciences and humanities, and in various interdisciplinary fields such as development studies, human rights programmes and women's studies, and large numbers of students are entering this programme across the country. Given the transformation in the student body with more and more first generation students making it to this level, there is an acute need for adequate training in undertaking research, including more inventive and rigorous ways of imbibing research methodologies. Several institutions are currently engaged in planning new modes of teaching the kinds of reading, writing and research skills necessary to aid this process. Besides, younger faculty also need new training. Supervising an MPhil student is one of the best ways for an assistant professor to grow as a researcher and teacher, so much so that junior faculty should be encouraged to have more such students, at least initially. Route to unviability But the precise opposite is being made to happen. MPhil classes will turn unviable because of low numbers. More students will try to get into PhDs straight from an MA degree and being ill-prepared for the challenges they will face, they are more likely to sink than swim. Faculty will be less equipped to develop as research supervisors. And most important of all, the necessary expansion in faculty strength — both to meet existing severe shortages, particularly in faculty from disadvantaged sections, and to meet the growth in students — will not only be halted but also reversed under the new conditions. The UGC, under the direction of the Ministry of Human Resource Development, appears in fact to be bent not just on quietly killing the research potential of India's universities, but on diminishing higher education altogether.
1) Diaphanous
Meaning: A diaphanous substance, especially cloth, is so delicate and thin that you can see through it.
Example: The house, too, is filled with colour and texture: gold, glitter, satin, lace, feathers, and yards of diaphanous fabric.
Synonyms: Delicate, Clear
Antonyms: Opaque, Thick
2) Rendezvous
Meaning: An arrangement to meet someone, especially secretly, at a particular place and time, or the place itself.
Example: We have a rendezvous for next week, don't we?
Meaning: A place where a particular group of people often go or meet, by arrangement or habit.
Example: This restaurant is a popular rendezvous for local artists.
Synonyms: Assignation, Affair
3) Scarce
Meaning: Not easy to find or get.
Example: Food and clean water were becoming scarce.
Synonyms: Deficient, Insufficient
Antonyms: Adequate, Plentiful
4) Usurp
Meaning: To take control of a position of power, especially without having the right to.
Example: Local control is being usurped by central government.
Synonyms: Supplant, Assume
Antonyms: Keep, Leave
5) Uncouth
Meaning: Behaving in a rude, unpleasant way.
Example: She thought he was loud-mouthed and uncouth.
Synonyms: Awkward, Clumsy
Antonyms: Agile, Polished
6) Apposite
Meaning: Suitable and right for the occasion.
Example: The film starts in a graveyard, an apposite image for the decaying society which is the theme of the film.
Synonyms: Pertinent, Relevant
Antonyms: Inappropriate
7) Cenotaph
Meaning: A public monument (special statue or building) built in memory of particular people who died in war, often with their names written on it.
Example: In the grounds, swathed in palm fronds, stands a marble cenotaph commemorating the dead of the Highland Light Infantry stationed in Karachi from 1898 to 1899.
Synonyms: Gravestone, Memorial
Antonyms: Condemnation, Denunciation
8) Tranquil
Meaning: Calm and peaceful and without noise, violence, worry, etc.
Example: A spasm of pain crossed his normally tranquil features.
Synonyms: Peaceful, Restful
Antonyms: Agitated, Harsh
9) Insipid
Meaning: Not having a strong taste or character, or having no interest or energy.
Example: Why anyone buys music with such insipid lyrics is a mystery.
Synonyms: Dull, Anaemic
Antonyms: Original, Sharp
10) Grapple
Meaning: To fight, especially in order to win something.
Example: The children grappled for the ball.
Synonyms: Clash, Combat
Antonyms: Agree, Dodge
11) Exorbitant
Meaning: Exorbitant prices, demands, etc. are much too large.
Example: The bill for dinner was exorbitant.
Synonyms: Excessive, Steep
Antonyms: Moderate, Sensible
12) Salvage
Meaning: To try to make a bad situation better.
Example: It was a desperate attempt to salvage the situation.
Synonyms: Rescue, Regain
Antonyms: Harm, Hurt
13) Contingency
Meaning: Something that might possibly happen in the future, usually causing problems or making further arrangements necessary.
Example: You must be able to deal with all possible contingencies.
Synonyms: Crisis, Fortuity
Antonyms: Surety, Certainty
14) Perquisite
Meaning: Formal perk noun.
Example: The perquisites of this job include health insurance and a performance bonus.
Synonyms: Perk, Extra
Antonyms: Disadvantage, Loss
15) Perspicacious
Meaning: Quick in noticing, understanding, or judging things accurately.
Example: His perspicacious grandfather had bought the land as an investment, guessing that there might be gold underground.
Synonyms: Alert, Keen
Antonyms: Ignorant, Unobservant
16) Amputate
Meaning: To cut off a part of the body.
Example: They had to amputate his foot to free him from the wreckage.
Synonyms: Cut away, Eliminate
Antonyms: Join
17) Onerous
Meaning: Difficult to do or needing a lot of effort.
Example: The onerous task of finding a peaceful solution.
Synonyms: Arduous, Burdensome
Antonyms: Easy, Effortless
18) Mortify
Meaning: To make someone very embarrassed.
Example: The thought of the incident still mortified her.
Synonyms: Annoy, Humiliate
Antonyms: Delight, Indulge
19) Temerity
Meaning: A willingness to do or say something that shocks or upsets other people.
Example: No one had the temerity to question his conclusions.
Synonyms: Audacity, Boldness
Antonyms: Shyness, Bashfulness
20) Repatriate
Meaning: To send or bring someone, or sometimes money or other property, back to the country that he, she, or it came from.
Example: The government repatriated him because he had no visa.
Synonyms: Expulsion, Banishment
21) Dissemble: To hide your real intentions and feelings or the facts.
Disassemble: To separate something into its different parts.
22) Emigrant: A person who leaves their own country in order to settle permanently in another.
Immigrant: A person who has come to a different country in order to live there permanently.
23) Pasture: Grass or similar plants suitable for animals such as cows and sheep to eat, or an area of land covered in this.
Pastor: A religious leader in certain Protestant Churches.
24) Innervate: To supply nerves to an organ or part of the body.
Enervate: To make someone feel weak and without energy.
25) Forebear: A relative who lived in the past.
Forbear: To prevent yourself from saying or doing something, especially in a way that shows control, good judgment, or kindness to others.
26) No-frills: A no-frills product or a service is basic and has no extra or unnecessary details.
27) Next of kin: The person or group of people you are most closely related to.
28) Next-best: Best except for another thing that has been mentioned.
29) Day trading: The activity, often on the internet, of buying and selling shares on the same day, reacting to small changes in prices in order to make a profit.
30) Mash up: A type of recorded music or video that consists of parts of different songs or images that have been combined.
Alpha Numeric For SBI PO Set – 59
SSC MTS Exam status: Know your Roll number , Date, Centre of Examination
THE HINDU EDITORIAL : JULY 14, 2018
THE HINDU EDITORIAL : MARCH 14, 2018
THE HINDU EDITORIAL : JUNE 19, 2018
THE HINDU EDITORIAL : MAY 11, 2018
THE HINDU EDITORIAL : NOVEMBER 22, 2017


Spectu is interactive menu for iPad allows your customers to browse and order food and beverages in easy to use way. You can present your menu with photos of foods, advanced informations as list of allergens, ingredients, interactive map of origin, street view or nutritional values and much more. Thanks to sleek refreshing design menu is intuitive and easy for orientation. Spectu can send orders straight to a point of sale system or you can use Spectu without ordering just as digital menu or wine list.
The application running on the Apple iPad which can be served as classic menu or can be bult-in a table in restaurant.Spectu allows to present menu in several languages. Also our app will safe your money for printing new menus and it will be updated in a second throught your web broswer. For each client we make custom design. In conjunction with Apple iPad Spectu definitelly get atantion of your customers. They can play games or broswe internet or you can limit or restrict these functions by simple settings. Finally Spectu will increases your revenue up to 14% thanks to the electronic presentation and recommendation system.


WASHINGTON - There may be less than meets the eye to President Barack Obama's statements Monday night that NATO is taking over from the U.S. in Libya and that U.S. action is limited to defending people under attack there by Moammar Gadhafi's forces.
The United States supplies 22 percent of NATO's budget, almost as much as the next largest contributors - Britain and France - combined. A Canadian three-star general was selected to be in charge of all NATO operations in Libya. His boss, the commander of NATO's Allied Joint Force Command Naples, is an American admiral, and the admiral's boss is the supreme allied commander Europe, a post always held by an American.
Despite insistences that the operation is only to protect civilians, the airstrikes now are undeniably helping the rebels to advance. U.S. officials acknowledge that the effect of air attacks on Gadhafi's forces - and on the supply and communications links that support them - is useful if not crucial to the rebels. "Clearly they're achieving a benefit from the actions that we're taking," Navy Vice Adm. William Gortney, staff director for the Joint Chiefs, said Monday.
Presidents typically pick their fights according to the crisis and circumstances at hand, not any consistent doctrine about when to use force in one place and not another. They have been criticized for doing so - by Obama himself.
In his pre-presidential book The Audacity of Hope, Obama said the U.S. will lack international legitimacy if it intervenes militarily "without a well-articulated strategy that the public supports and the world understands."


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The idea of a Will is simple. A Will is a legal document, which states the maker's directions regarding the disposition of his or her estate after death. The Will is essentially a roadmap through the probate process, and it provides for naming the person(s) responsible for overseeing the settlement of the decedent's estate. In Massachusetts, this person(s) is usually called the Personal Representative.
The creation of a properly constructed will is necessary to avoid intestacy. A person who dies without a valid Will, dies intestate, which means that his or her property is distributed according to the Massachusetts succession statutes. This may result in the distribution of property in a manner not intended by the decedent.
To ensure that your property is distributed in a manner that you would like, contact Murray Law to create a comprehensive Last Will and Testament. We are ready to answer your questions and help you through the entire process. Call our firm to schedule a free case evaluation today.
MASSACHUSETTS LIVING TRUST
The Living Trust is an important option available to those who would like to avoid placing certain assets or resources into probate. Also known as a revocable trust, the Living Trust is created is a method that allows a person to to manage assets during their lifetime and instruct the distribution of assets after death. Typically, the person constructing the Living Trust, also known as the "grantor," has full access to the Trust while alive and may withdraw from it as needed. The grantor sets up the trust, appoints a "trustee" to manage the trust, and determines how the trust should be distributed after the grantor's death.
Since a Living Trust places the assets of a grantor into the management of a trustee, the assets in a Living Trust do not need to go through the probate process. Instead, upon the death of the grantor, the trustee will be in charge of handling the assets in a Living Trust, including paying any outstanding debts or taxes and then distributing the assets as instructed.
It is important to know that assets must be transferred to a Living Trust in a very specific way in order for a Living Trust to be effective and to avoid the probate process. All relevant assets, including any bank accounts, real estate, investments, or otherwise, must be formally and officially transferred to the living trust before the grantor's death. This is called "funding" the trust. Funding a trust can be complicated because it can have an important effect on probate, inheritance, and taxes. If you are creating a living trust or are in the process of "funding" one, it is very important to consult with an estate planning attorney at Murray Law regarding your living trust options.
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Gender research as a card game
The first and so far only card game on Gender and Queer Studies has been published at Kiel University.
© Claudia Eulitz, Uni Kiel
As with the game Taboo, players must guess the authors of various quotes without giving away the key term referring to the individual named on the card.
Further information on the standard works in Gender and Queer Research on the 39 fact cards: now available to teaching staff, beginner and advanced students of the subject in the form of a newly published card game. The cards themselves contain key words referring to corresponding specialist texts including works e.g. by Simone de Beauvoir and Judith Butler. Interested parties will find further information in the accompanying booklet, which explains the authors' roles in Gender and Queer Research and the further reception of the works including recommended reading.
The card game is published by Uta Klein, Professor of Sociology and Director of the Department of Gender & Diversity Studies at Kiel University, and Eddi Steinfeldt-Mehrtens, Diversity Officer at the CAU since 1 December. "We were motivated by wanting to develop a different didactic form of acquiring and transferring knowledge," say Klein and Steinfeld-Mehrtens. The cards cannot only be used at lectures on related topics, but are also ideal for self-study after the seminar. The card game is based on the game Taboo, and is designed in colours that allow it also be used exclusively in Gender but also in Queer Studies.
So as not to bypass the students' requirement, an interdisciplinary study group of students was set up with financial support from the equal opportunity commissioners at the Faculty of Arts and Humanities at the CAU. The group discussed and summarised all the texts, a task that took two years. First, the texts had to be listed and then criteria produced to decide which ones were to be selected.
"We're talking about works that are significant in the development of gender research by explaining, influ:encing and promoting topics, perspectives and the self-perception of gender research," explains Eddi Steinfeldt-Mehrtens. "Our selection criteria were originality, relevance, advances in the field, scientific and/or political effectiveness and influence," adds Uta Klein.
One particular feature of the game is the cards and short descriptions of what are called "lost treasures". "These are works that are hardly ever used, if at all, in teaching, but are trail-blazing with regard to fundamental issues," say the publishers. They include a 1622 text by Marie le Jars de Gournay and also the "Erklärung der Rechte der Frau und Bürgerin [Declaration of the Rights of Woman and of the Female Citizen]" by Olympe de Gouges of 1791. Klein and Steinfeldt-Mehrtens point out that overall, although there is a focus on sociological works as most of them are already the theoretical basis for the humanities and cultural sciences, they have also included works from the worlds of philosophy, the literary sciences, law and biology.
Now it's time to play: who talks about "double socialisation", "gender as a discursive effect", and "hegemonic masculinity"? Where was the "gender gap" first mentioned? Who considers gender from an intersectional perspective? "We are convinced that the concept of a game will be an entirely new way to access Gender and Queer Studies," emphasise the publishers.
Author: Claudia Eulitz
Wegbereiter_innen der Gender und Queer Studies. Card game with booklet. Verlag Barbara Budrich 2018. 170 pages plus 39 cards. ISBN 978-3-8474-2200-6