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US Supreme Court Decisions On-Line> Volume 395 > FRANK V. UNITED STATES, 395 U. S. 147 (1969)
FRANK V. UNITED STATES, 395 U. S. 147 (1969)
Frank v. United States, 395 U.S. 147 (1969)
Frank v. United States
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
Petitioner was charged with criminal contempt for violating an injunction. After unsuccessfully demanding a jury trial, he was tried and adjudged guilty by the District Court, which suspended imposition of sentence and placed him on probation for three years. The Court of Appeals affirmed.
Held:
1. Petty offenses may be tried without a jury. In determining whether an offense can be classified as "petty," the most relevant criterion is the severity of the penalty authorized, and where no maximum penalty is authorized, the severity of the penalty actually imposed. Pp. 395 U. S. 148-149.
2. Criminal contempt sentences of up to six months may be constitutionally imposed without a jury trial. See Cheff v. Schnackenberg, 384 U. S. 373. P. 395 U. S. 150.
3. Congress made the federal probation statute (18 U.S.C. § 3651), under which most offenders may be placed on probation for up to five years, applicable to petty as well as more serious offenses, and thus petty offenses may be tried by any combination of penalties authorized by 18 U.S.C. § 1 and § 3651. P. 395 U. S. 150.
4. Since petitioner's sentence was within the limits of the congressional definition of petty offense, he was not entitled to a jury trial. P. 395 U. S. 152.
384 F.2d 276, affirmed. chanrobles.com-red
MR. JUSTICE MARSHALL delivered the opinion of the Court.
Petitioner was charged with criminal contempt of the United States District Court for the Western District of Oklahoma. The charge resulted from his violation of an injunction issued by that court at the request of the Securities and Exchange Commission. The injunction restrained petitioner from using interstate facilities in the sale of certain oil interests without having filed a registration statement with the Commission. Petitioner's demand for a jury trial was denied. He was convicted, and the court suspended imposition of sentence and placed him on probation for three years. The Court of Appeals affirmed. Frank v. United States, 384 F.2d 276 (C.A. 10th Cir.1967). We granted certiorari, 392 U. S. 925 (1968), to determine whether petitioner was entitled to a jury trial. We conclude that he was not.
The Sixth Amendment to the Constitution gives defendants a right to a trial by jury in "all criminal prosecutions." However, it has long been the rule that so-called "petty" offenses may be tried without a jury. See, e.g., District of Columbia v. Clawans, 300 U. S. 617 (1937). For purposes of the right to trial by jury, criminal contempt is treated just like all other criminal offenses. The defendant is entitled to a jury trial unless the particular offense can be classified as "petty." Dyke v. Taylor Implement Mfg. Co., 391 U. S. 216 (1968); Bloom v. Illinois, 391 U. S. 194 (1968); Cheff v. Schnackenberg, 384 U. S. 373 (1966).
In determining whether a particular offense can be classified as "petty," this Court has sought objective indications of the seriousness with which society regards the offense. District of Columbia v. Clawans, supra, at 300 U. S. 628. The most relevant indication of the seriousness of an offense is the severity of the penalty authorized for its commission. Thus, in Clawans, this Court held that chanrobles.com-red
a jury trial was not required in a prosecution for engaging in a certain business without a license, an offense carrying a maximum sentence of 90 days. Recently, we held that a jury trial was required in a state prosecution for simple battery, an offense carrying a possible prison sentence of two years. Duncan v. Louisiana, 391 U. S. 145 (1968).
In ordinary criminal prosecutions, the severity of the penalty authorized, not the penalty actually imposed, is the relevant criterion. In such cases, the legislature has included within the definition of the crime itself a judgment about the seriousness of the offense. See Duncan v. Louisiana, supra, at 391 U. S. 162, n. 35. But a person may be found in contempt of court for a great many different types of offenses, ranging from disrespect for the court to acts otherwise criminal. Congress, perhaps in recognition of the scope of criminal contempt, has authorized courts to impose penalties, but has not placed any specific limits on their discretion; it has not categorized contempts as "serious" or "petty." 18 U.S.C. §§ 401, 402. [Footnote 1] Accordingly, this Court has held that, in prosecutions for criminal contempt where no maximum penalty is authorized, the severity of the penalty actually imposed is the best indication of the seriousness of the particular offense. [Footnote 2] See, e.g., Cheff v. chanrobles.com-red
Schnackenberg, supra. Thus, this Court has held that sentences for criminal contempt of up to six months may constitutionally be imposed without a jury trial. Ibid. [Footnote 3]
The Government concedes that a jury trial would have been necessary in the present case if petitioner had received a sentence in excess of six months. Indeed, the Government concedes that petitioner may be sentenced to no more than six months if he violates the terms of his probation. [Footnote 4] However, the Government argues that petitioner's actual penalty is one which may be imposed upon those convicted of otherwise petty offenses, and, thus, that a jury trial was not required in the present case. We agree.
Numerous federal and state statutory schemes allow significant periods of probation to be imposed for otherwise petty offenses. For example, under federal law, most offenders may be placed on probation for up to five years in lieu of or, in certain cases, in addition to, a term of imprisonment. See 18 U.S.C. § 3651. Congress, in making the probation statute applicable to "any offense not punishable by death or life imprisonment," clearly made it apply to petty, as well as more serious, offenses. In so doing, it did not indicate that the additional penalty of a term of probation was to place otherwise petty offenses in the "serious" category. In other words, Congress decided that petty offenses may be punished by any combination of penalties authorized by 18 U.S.C. § 1 and 18 U.S.C. § 3651. Therefore, chanrobles.com-red
the maximum penalty authorized in petty offense cases is not simply six months' imprisonment and a $500 fine. A petty offender may be placed on probation for up to five years and, if the terms of probation are violated, he may then be imprisoned for six months. 18 U.S.C. § 3653.
In Cheff, this Court undertook to categorize criminal contempts for purposes of the right to trial by jury. In the exercise of its supervisory power over the lower federal courts, the Court decided by analogy to 18 U.S.C. § 1 that penalties not exceeding those authorized for petty offenses could be imposed in criminal contempt cases without affording the right to a jury trial. [Footnote 5] We think the analogy used in Cheff should apply equally here. Penalties presently authorized by Congress for petty offenses, including a term on probation, may be imposed in federal criminal contempt cases without a jury trial. Probation is, of course, a significant infringement of personal freedom, but it is certainly less onerous a restraint than jail itself. [Footnote 6] In noncontempt cases, Congress has not viewed the possibility of five years' probation chanrobles.com-red
as onerous enough to make an otherwise petty offense "serious." This Court is ill-equipped to make a contrary determination for contempt cases. As this Court said in Clawans,
"[d]oubts must be resolved not subjectively. by recourse of the judge to his own sympathy and emotions, but by objective standards such as may be observed in the laws and practices of the community taken as a gauge of its social and ethical judgments."
300 U.S. at 300 U. S. 628.
Petitioner's sentence is within the limits of the congressional definition of petty offenses. Accordingly, it was not error to deny him a jury trial.
MR. JUSTICE HARLAN and MR. JUSTICE STEWART, adhering to the views expressed in the dissenting opinion of MR. JUSTICE HARLAN in Bloom v. Illinois, 391 U. S. 194, 391 U. S. 215, and in Part I of MR. JUSTICE HARLAN's separate opinion in Cheff v. Schnackenberg, 384 U. S. 373, 384 U. S. 380, but considering themselves bound by the decisions of the Court in those cases, join in the above opinion on these premises.
Congress has provided for a jury trial in certain cases of criminal contempt. See, e.g., 18 U.S.C. §§ 402, 3691, 3692. Section 3691 provides for a jury trial in contempts involving willful disobedience of court orders where the "act or thing done or omitted also constitutes a criminal offense under any Act of Congress, or under the laws of any state. . . ." The present case falls within an exception to that rule for cases involving disobedience of any court order "entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States."
If the statute creating the offense specifies a maximum penalty, then, of course, that penalty is the relevant criterion. See Dyke v. Taylor Implement Mfg. Co., 391 U. S. 216 (1968).
The Court in Cheff relied on 18 U.S.C. § 1, which defines a petty offense as "[any] misdemeanor the penalty for which does not exceed imprisonment for a period of six months or a fine of not more than $500, or both. . . ."
If imposition of sentence is suspended, the court may, upon revocation of probation, "impose any sentence which might originally have been imposed." 18 U.S.C. § 3653. Under Cheff, that sentence would be limited to six months' imprisonment.
"[W]e are constrained to view the [contempt] proceedings here as equivalent to a procedure to prosecute a petty offense, which, under our decisions, does not require a jury trial. . . . According to 18 U.S.C. § 1 (1964 ed.), '[a]ny misdemeanor the penalty for which does not exceed imprisonment for a period of six months' is a 'petty offense.' Since Cheff received a sentence of six months' imprisonment, . . . and since the nature of criminal contempt, an offense sui generis, does not, of itself, warrant treatment otherwise . . . , Cheff's offense can be treated only as 'petty' in the eyes of the statute and our prior decisions. We conclude therefore that Cheff was properly convicted without a jury."
Cheff v. Schnackenberg, supra, at 384 U. S. 379-380.
Petitioner is required to make monthly reports to his probation officer, associate only with law-abiding persons, maintain reasonable hours, work regularly, report all job changes to his probation officer, and not leave the probation district without the permission of his probation officer.
MR. CHIEF JUSTICE WARREN, with whom MR. JUSTICE DOUGLAS joins, dissenting.
The Court's decision today marks an unfortunate retreat from our recent decisions enforcing the Constitution's command that those accused of criminal offenses be afforded their fundamental right to a jury trial. See, e.g., Bloom v. Illinois, 391 U. S. 194 (1968); Duncan v. Louisiana, 391 U. S. 145 (196); Cheff v. Schnackenberg, 384 U. S. 373 (1966). At the same time, the Court announces an alarming expansion of the nonjury contempt power, the excessive use of which we have so recently limited in Bloom v. Illinois, supra, and Cheff v. Schnackenberg, supra. The inescapable effect of this recession will be to put a new weapon for chilling chanrobles.com-red
political expression in the unrestrained hands of trial judges. Now freed from the checks and restraints of the jury system, local judges can achieve, for a term of years, significant control over groups with unpopular views through the simple use of the injunctive and contempt power, together with a punitive employment of the probation device, the conditions of which offer almost unlimited possibilities for abuse. Because I do not desire to contribute to such a result, and because I believe the Court's rationale rests on a misreading of the probation statute, I must note my dissent.
Today's decision stands as an open suggestion to the courts to utilize oppressive practices for avoiding, in unsettled times such as these, issues that must be squarely faced, and for denying our minorities their full rights under the First Amendment. In order to inhibit, summarily, a group seeking to propagate even the least irritating views, a trial judge need only give a quick glance at the Court's opinion to recognize the numerous options now open to him. If, for instance, a large number of civil rights advocates, labor unionists, or student demonstrators are brought into court on minor trespass or disturbance charges, a jury will not be required, even though the court proposes to control their lives for as long as five years. Without having to wait for a jury conviction, the trial judge would be free to impose, at will, such a lengthy probation sentence with onerous probation conditions -- the effect of which could be oppressive. A trial judge need not wait until laws are violated and prosecutions are actually brought. He can simply issue a blanket injunction against an unpopular group, cite its members for contempt en masse for the slightest injunction violation, deny them a jury, and then, by imposing strict conditions, effectively deprive them of any meaningful freedom for an indefinite period chanrobles.com-red
of up to five years. Despite our recent efforts to curb its use (see Carroll v. Princess Anne, 393 U. S. 175 (1968)), the injunction power has today become, when used with this newly liberated contempt power, too awesome a weapon to place in the hands of one man. The situation presented by Walker v. Birmingham, 388 U. S. 307 (1967), is but one example of the power now made freely available to trial judges.
The probation conditions imposed in this case (see n 6, ante) illustrate the high degree of control that courts, together with their probation officers, can maintain over those brought before them. Thus, a court can require defendants to keep "reasonable hours" and, in addition, prohibit them from leaving the court's jurisdiction without the probation officer's permission. By instructing the probation officer to construe the reasonable hours restriction strictly and to refuse permission to leave the jurisdiction, a trial court can thereby virtually nullify a person's freedom of movement. Moreover, a court can insist that a defendant "work regularly," and thereby regulate his working life as well. Finally, a court can order a defendant to associate only with "law-abiding" persons, thereby significantly limiting his freedom of association, for this condition, which does not limit revocation of probation to "knowing association," forces him to choose his acquaintances at his peril.
Even these conditions, restrictive as they are, do not represent all the conditions available to a trial judge; he may impose others, and, of course, change or add to the conditions at any time during the five-year period. [Footnote 2/1] The court's ability, further, to impose a six-month prison term for a probation violation at any time during that period, even after four years and 11 months, leaves no room for doubt as to the power of the probation officer chanrobles.com-red
to enforce the restrictions most severely. And finally, the ease with which a probation officer can find a violation of so many broad conditions enhances the value of the probation device as a harassment tactic. Once having found a violation, of course, a trial court need not bother with a fair adversary hearing before committing the offenders to prison, for Mempa v. Rhay, 389 U. S. 128 (1967), does not require counsel at probation revocation hearings in misdemeanor cases.
If, in hamstringing protest groups, a trial judge is bound only by a five-year maximum probation period and the limits of his imagination in conceiving restrictive conditions, I would at least require that those on the receiving end be tried first by a jury. And the trend may be to allow the States even more leeway than federal courts, for there is nothing in the Court's opinion to prohibit a State from allowing more than five years' probation, or as much as 10 or 15 years. Thus, far, we have not held the States to as strict a standard as the federal system; for while we have ruled that no crime punishable by more than six months may be tried without a jury in the federal courts (see Cheff, supra), we have yet to find a jury necessary for any crime punishable by less than two years in state courts (see Duncan, supra). Furthermore, under the Court's practice of looking to legislative definitions and "existing . . . practices in the Nation," Duncan, supra, at 391 U. S. 161, for indications of the seriousness of crimes in determining when the right to jury attaches, the Court might accept a State's legislative efforts to allow an indefinite period of probation for professed "petty" offenses. Even at present, many States allow more than five years' probation, and some States allow trial courts to impose unlimited probationary sentences. [Footnote 2/2] chanrobles.com-red
The painful aspect of today's decision is that its rationale is as impermissible as its consequences. The Court's holding that petitioner's sentence is "within the limits of the congressional definition of petty offenses" is no less than astounding. In the first place, Congress acted quite without regard to the crime classifications set out in 1909 (the present section is based on the Act of March 4, 1909, c. 321, § 335, 35 Stat. 1152) when it passed the probation system in 1925 (Act of March 4, 1925, c. 521, § 1, 43 Stat. 1259). There is simply no indication in the statute itself or its legislative history that 18 U.S.C. § 3651 was intended to modify, complement, add to, or even relate to the petty offense definition, or any definition, in 18 U.S.C. § 1; the reference to capital or life sentence cases, for which probation is prohibited, is made in § 3651 itself, without citation to 18 U.S.C. § 1. More importantly, however, there is every indication that Congress affirmatively determined that probation should not affect its earlier definitions by making probation freely available to virtually all crimes -- including most felonies not thereby rendered "petty" because of probation's imposition. In the second place, even if Congress did "add" probation to the "petty" offense definition, the expanded definition would not necessarily be as binding on us as the Court seems to suggest. We cannot, it seems to me, place unlimited reliance on legislative definitions and "existing . . . practices in the action," and thereby allow Congress and the States to rewrite the Sixth Amendment of the Constitution by simply terming "petty" any offense, regardless of the underlying sentence.
The Court's misapprehension of the probation statute can better be understood by analyzing first how it arrived at its decision. In holding that a trial judge, acting without a jury conviction, can sentence a man to serve at least five years on probation and an additional six chanrobles.com-red
months, the Court purports to rely on, and not overrule, Cheff, supra, where we held that six months' imprisonment was the maximum sentence that could.be imposed without a jury in federal cases. We arrived at that determination by seeking "objective indications of the seriousness with which society regards the offense," ante at 395 U. S. 148, the standard we have traditionally used in determining whether a particular crime can be classified as "petty," and thus tried without a jury. See District of Columbia v. Clawans, 300 U. S. 617 (1937); Duncan v. Louisiana, supra; Bloom v. Illinois, supra. As the Court notes, Cheff found the "objective criteria" by analogy to 18 U.S.C. § 1, the congressional definitional section which states that an offense punishable by six months or less is a "petty" offense, and followed that determination in ruling that a six months' nonjury contempt sentence was permissible. The Court pursues that analogy in this case. Thus it argues that, since Congress has also provided that up to five years' probation can be imposed for a "petty" offense, apparently without making such an offense "serious" under the definitional section, petitioner, whose sentence fell within that five-year limit, was not entitled to a jury trial.
Such a leap from the definition of petty offenses in 18 U.S.C. § 1 to the provision for probation in 18 U.S.C. § 3651 ascribes to Congress a determination I am certain it did not make, and misconstrues the nature of the probation statute. The probationary scheme does not purport to set specific sentences for particular classes of crimes, thus evincing an "objective indication" of the "seriousness with which society regards the offense," the standard we have used in determining when the right to jury trial attaches. Rather, it is designed to allow a sentencing judge to put aside the statutorily prescribed prison term and to try instead to fashion a specific, ameliorative sentence for the individual criminal before the court. The sentence should be consistent with probation's chanrobles.com-red
basic purpose of providing "an individualized program offering a young or unhardened offender an opportunity to rehabilitate himself without institutional confinement," Roberts v. United States, 320 U. S. 264, 320 U. S. 272 (1943), before such imprisonment "should stain the life of the convict," United States v. Murray, 275 U. S. 347, 275 U. S. 357 (1928).
The focus of probation is not on how society views the offense, but on how the sentencing judge views the offender. "Through the social investigation of the probation officer and the power to place suitable cases on probation," the House Judiciary Committee stated in support of the first probation bill to be signed into law, "the court is enabled to discriminate and adapt its treatment to fit the character and circumstances of the individual offender." H.R.Rep. No. 423, 68th Cong., 1st Sess., 2 (1924). The necessity to "individualize each case, to give that careful, humane and comprehensive consideration to the particular situation of each offender," we have held, requires the "exercise of a broad discretion" and "an exceptional degree of flexibility." Burns v. United States, 287 U. S. 216, 287 U. S. 220 (1932). In exercising that broad discretion, of course, a sentencing judge can utilize probation in all but capital or life sentence cases.
In orienting the probation system toward the individual criminal, and not the crime itself, and in making it available for felonies and misdemeanors as well as petty offenses, Congress clearly did not intend the maximum five-year probation period to be any indication of society's views of the seriousness of crimes in general, except to provide that probation is inappropriate for capital or life sentence cases. Although the Court holds that "Congress has not viewed the possibility of five years' probation as onerous enough to make an otherwise petty offense serious,'" presumably the Court would not be willing to hold that the upper limit of only five years' probation chanrobles.com-red
is light enough to make any serious offense "petty." For I do not take the Court's opinion to mean that, in areas of economic and public health regulation such as tax, antitrust, and drug control, where probation is often granted, a trial judge could deny a defendant's demand for a jury trial by stating at the outset his intention to grant probation with a maximum of six months' imprisonment on violation of its terms. I raise the possibility [Footnote 2/3] only because I think it shows that Congress enacted the probation system quite without regard to the "petty-serious" crime distinction, intending the system to have no impact on legislative judgments as to the relative seriousness of classes of crimes generally.
In view of this background, the fact that Congress could not, in all events, limit the right to a jury trial by the use of statutory "definitions," and the dangers noted above in allowing a six-months-plus sentence to be imposed without a jury, I would stand by this Court's decision in Cheff, supra, and say that six months is the maximum permissible nonjury sentence, whether served on probation or in prison, or both. Thus, only a two months' jail term could be imposed in federal courts, for instance, if probation were revoked after four months. I dissent from the Court's opinion holding otherwise.
[Footnote 2/1]
If its onerous conditions multiplied, probation could be even more restrictive than the emerging prison work-release programs.
See the appendix to the Government's brief before this Court for a survey of state probation law and practices.
The actual question could never arise, of course, under the Court's present practice of looking, in noncontempt cases, to the statute for the maximum penalty that could be imposed, rather than the sentence actually meted out, for its determination that a jury is or is not required.
MR. JUSTICE BLACK, with whom MR. JUSTICE DOUGLAS joins, dissenting.
I cannot say what is and what is not a "petty crime." I certainly believe, however, that, where punishment of as much as six months can be imposed, I could not classify the offense as "petty" if that means that people tried for chanrobles.com-red
it are to be tried as if we had no Bill of Rights. Art. III, § 2, of the Constitution provides that:
"The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury. . . ."
And in Amendment VI, it is provided that:
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury. . . ."
Neither of these provisions gives any support for holding that a defendant charged with a crime is not entitled to a jury trial merely because a court thinks the crime is a "petty" one. I do not deny that there might possibly be some offenses charged for which the punishment is so minuscule that it might be thought of as petty. But, to my way of thinking, when a man is charged by a governmental unit with conduct for which the Government can impose a penalty of imprisonment for any amount of time, I doubt if I could ever hold it petty. (See my dissent in Dyke v. Taylor Implement Mfg. Co., 391 U. S. 216, 391 U. S. 223.) Nor do I take any stock in the idea that, by naming an offense for which a man can be imprisoned a "contempt," he is any the less charged with a crime. See Green v. United States, 356 U. S. 165, 356 U. S. 193 (dissenting opinion), and United States v. Barnett, 376 U. S. 681, 376 U. S. 724 (dissenting opinion). Those who commit offenses against courts should be no less entitled to the Bill of Rights than those who commit offenses against the public in general.
For these reasons, I dissent from the Court's holding that the petitioner in this case is not entitled to a trial by jury.


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Richard Cameron Wattis (Wednesbury, Reino Unido,  – Kensington, Londres, Reino Unido, ) foi um ator de cinema britânico.

Filmografia pacial
A Yank at Oxford (1938)
Kind Hearts and Coronets (1949)
The Chiltern Hundreds (1949)
 Hobson's Choice (1954)
Libel (1959)
Tam-Lin (1970)
That's Your Funeral (1972)
Take Me High (1973)
Diamonds on Wheels (1974)
Confessions of a Window Cleaner (1974)

Ligações externas

Atores da Inglaterra
Atores de cinema
Atores de televisão
Atores LGBT
Mortes por infarto agudo do miocárdio
Naturais do Reino Unido

redpajama_set_name: RedPajamaWikipedia


text:
1959 Edward 2022
Edward L. Vallas
October 11, 1959 — February 2, 2022
Edward L. Vallas, 62, of East Peoria passed away at his home on February 2, 2022. Ed was born on October 11, 1959 in Galesburg. He was the son of Deno and June (Elvey) Vallas. He married Carol (Peters) Slagel on August 31, 2001, they later divorced. He is survived by his siblings, Evelyn Johnston and Michael Vallas, both of Galesburg, and two nephews. He was preceded in death by his parents and an infant sister, Nancy Jo. Ed graduated from Williamsfield High School. He was a veteran of the United States Army. Ed was a semi-truck driver for Halvor Lines for many years. He enjoyed playing pool, darts and going fishing. He was a very unique individual. Cremation rites have been accorded. No services are planned at this time. A private burial of cremated remains will be held at a later date. Hurd-Hendricks Funeral Homes & Crematory will be assisting the family with their services. On-line condolences and/or expressions of sympathy may be sent through www.hurd-hendricksfuneralhome.com To send flowers or a memorial gift to the family of Edward L. Vallas please visit our Sympathy Store.
To send flowers to the family in memory of Edward L. Vallas, please visit our flower store.

redpajama_set_name: RedPajamaCommonCrawl


hunter green like her thrift store Army jacket.
and if they'd been on the winning side.
but she thought maybe they were just hungry.
look. They were all the same.
She was always their target practice.
The weak ostracized from the pack.
Seen through her hair curtain.
Legs crossed at the knees.
passed it to the girl.
Maybe she would next time.
Nurturing has to start somewhere. Sometimes it can be as small as a person consistently being there.
It's time for the #1000Speak linkup. This month's theme is "Nurturing." If you'd like to participate, feel free to linkup.
If this is all new to you, watch this video.It tells you the backstory of the 1000 Speak for Compassion campaign.
I love it. Best soul food out there, a Hope Sandwich. I had a similar moment. First day at a new school. The first girls I met were cheerleaders who proceeded to make fun of my outfit, and then it was writer's assessment until lunch. I had nobody to eat lunch with, and this girl invited me to her house for a bologna sandwich. I hate bologna, but I loved that sandwich.
That's exactly what I'm talking about Michelle. A hope sammich. Sometimes it's just that little bit of kindness that makes a person's life so much better. And look at that-years later you remember that girl's actions. That was powerful bologna.
Thank you Lynda. I'm glad you liked it.
Beautiful. I'm glad someone looked after her in the end. You made me care.
I'm glad Ms. Considerer. I kind of like this little girl.
Shelah, I really appreciate that. I'm glad it worked for you.
Those people who step into those fragile and vulnerable moments with a hand or a word or a hug… we never forget the impact they have on us, do we?
No we don't. I still remember some of the beautiful moments from growing up when a teacher reached out to me. I didn't always open up, but it made me feel good to know they careds.
I beautiful story of compassion….reaching out….hope. *Notice..Act..Nurture*.
What a lovely thought I wish it happened that way more often. I really enjoyed it though!
Rena, I don't know how often it happens, but it definitely happens. Thanks for commenting!
A simple hand or kind word can mean so much to a child that feels lost and forgotten in the world. I felt the hand extended in your poem. Well done.
Thank you Morgan. I agree. Just a little effort can make so much difference.


>> Ok, with a little help for Paul at the kvm-ppc mailing list, it seems the issue maybe that the BootX or more likely mach_kernel it trying to write something to or probe for an L3 cache.
> So OpenBIOS gets unexpected exception very early right after reading the PVR so maybe it's a problem in OpenBIOS before it gets to what you're describing. Is this already fixed?
This doesn't cause a halt, as the kernel boots.


Robert Allen chats with John, colleague and friend, about the importance of documenting a special event with video. He talks about his experience as a storyteller and his unobtrusive movie making style. John tells us that the elements of a good story are at every wedding - romance, comedy, drama and suspense. He wants your wedding video to be your favorite movie of all time. You will learn how weddings and clients have evolved, the latest trends and technological advances of videography, and John's best advice when choosing a professional videographer that will capture the essence of the day. After 2,000 weddings and 25 years in business, John still believes that preserving the memories of a wedding celebration is the best job in the world.


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Tip#760: Passion & Perseverance, Part 7 - Today's Special
Two things I feel overflowing passion for are films and food! Both always fill me with positive emotional energy and instantly boost my confidence and enthusiasm whenever I'm engaged in these activities I love. That's why I was thrilled to speak to students at Humber College's Cook Pre-Apprenticeship Program recently! It took place at the same location as the Canadian Centre of Culinary Arts & Science.
This program is a partnership with Community MicroSkills Development Centre who assist and encourage youths to follow their dreams and career goals. It was exciting to be speaking to these future chefs and culinary artists pursuing their passion for cooking and food! My motivational talk for them was on Increasing Resilience Now to share the tools, methods and movies that helped me maintain my passion and perseverance through difficult times.
Motivatorman's 3 key factors for resilience are:
1) Re-energize Yourself
2) Activate Your Indestructible Optimism
3) Grow Your Social Support/Team Spirit
"Emmanuel, our youth need to hear from persons' such as yourself on how resilience can build the character and self-esteem needed to strive and survive in these times. Your workshop was a great example."
Yvonne Reid, Employment Specialist
Community Microskills Development Centre
During my presentation I shared my Top 10 Movies on Cooking and it included a hidden gem that demonstrates the difference between having a passion and no passion for cooking. And there is a big difference!
Today's Special (2009)
The comedy film, Today's Special, is about Samir (Aasif Mandvi) a sous chef at an upscale New York restaurant who is told by his boss that his cooking lacks passion and so he quits. Then Samir's plan to work in Paris are derailed when his father becomes ill and he must take over his family's Indian restaurant, Tandoori Palace. It is there that he discovers his passion for cooking while we are treated to visually exciting displays of delicious Indian cuisine! This hilarious movie is filled with funny characters, delicious food and heartwarming moments about family. See: movie trailer
Through Samir's unexpected change in his life he meets Akbar (Naseeruddin Shah) a taxi driver and enthusiastic gourmet chef. Akbar is full of passion for his cooking and for life and becomes a role-model for Samir to find his own passion and put it into his cooking. This is a fantastic film example to witness what passion looks like through Akbar and the positive results that can happen in life, career and in business when passion is allowed to flow freely!
Tip#534: Passion & Perseverance, Part 1 – 100th Year Anniversary - Titanic
Tip#543: Passion & Perseverance, Part 2 – The Natural, Director's Cut
Tip#652: Passion & Perseverance, Part 3 - The Company You Keep
Tip#691: Passion & Perseverance, Part 4 - Rocky
Tip#731: Passion & Perseverance, Part 5 – The Right Kind of Wrong
Tip#752: Passion & Perseverance, Part 6 - Dolphin Tale
Tip#864: Passion & Perseverance, Part 8 - Danny Collins
Tip#885: Passion & Perseverance, Part 9 - Outbreak
Tip#953: Passion & Perseverance, Part 10 - Eddie the Eagle
C) Insights, Epiphanies & AHA moments
EMMANUEL'S FIRST BOOK NOW AVAILABLE ON AMAZON KINDLE:
"Movies for Motivation: How To Stay Strong in Your Life & Career"
Read the Introduction and 1st Chapter now: Click here
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Motivational Speaker & Resilience Expert
Discover How Movies Inspire Resilience in Your Work & Life!
Seeing the X-Men: Days of Future Past movie was one of the most exciting and deeply felt cinematic experiences I have ever had. Reflecting its time travel themes this film thrilled my inner geek from the past for bringing to life a comic book story that inspired my imagination and art in my teens. Secondly it showed an emotional scene of a future character speaking to his younger self going through a painful and difficult time. He was empowering his younger self by encouraging him to be strong and that he'll get through his current adversity.
I was moved by this scene because this profound interaction touched on identical spiritual, metaphysical exercises I've been practicing for years to build my indestructible optimism during the depression and financial challenges I've experienced. This involves forms of meditation and creative visualizations to connect with my future self that has already accomplished all my dreams and goals I struggled with.
Matthew McConaughey's Future Self Speech
Connecting with your successful future self was also one of the three keys to success that actor Matthew McConaughey shared during his acceptance speech for his 2014 Best Actor Oscar. He explained that his need to chase a hero comes in the form of himself 10 years into the future. It may sound odd at first but McConaughey is saying his hero is his successful future self.
Matthew Mcconaughey Oscar Speech: See video clip
Leadership Lessons From Matthew McConaughey's Oscars Speech:
Read article in Inc. Magazine
Future Pacing
Future Pacing is a personal growth technique connected to NLP (neuro-linguistic programming) and creative visualization. It is a practice that I teach in my motivational talks and one of the most empowering and fun, interactive exercises for focusing your dreams and goals while also increasing your self-confidence, enthusiasm and optimism. The concept is about connecting with your future self that has already achieved the dreams and goals you desire. 22-time Olympic gold medalist Michael Phelps, author J.K. Rowlings and actor Jim Carrey all have utilized creative visualization for achieving their successes.
Jim Carrey's $10 Million Cheque Story on Oprah Show: See video clip
Future Self Meditation
I found found future self meditations to be very powerful! What has helped was going on YouTube and finding guided meditations that helped relax my mind and then connect with my most powerful and positive future self for guidance. This is one of my favourites by Holly Agnes Higgins: Your Future Self 20 min.
X-Men: Days of Future Past (2014)
The superhero action film, X-Men: Days of Future Past is an epic chapter in the X-Men movie series involving time travel and a fight for survival in two time periods for the future X-men team in 2020 and their younger selves in 1973. This exciting and highly entertaining film includes fantastic performances from a massive cast that includes the future versions of Professor X (Patrick Stewart), Magneto (Ian McKellan) and their younger versions placed by James McAvoy and Michael Fassbender. Wolverine (Hugh Jackman) plays himself in both time periods. See: movie trailer
As a childhood comic book fan the film was rich in references to old and new characters that made the movie so enjoyable. For others it is still an epic action film filled with astounding visual effects and ingenious, humorous scenes e.g. Quicksilver. There are continuity issues with other X-Men films but it didn't take away from my enjoyment of this movie.
And, as with all the X-Men films, it is a social commentary on racism and genocide. Most of all, I love that this movie features a superb visual example of a personal development concept of being empowered by one's future self through the character of Professor Charles Xavier.
So this film is not only a highly entertaining film it can also be experienced as another self-growth movie to inspire your own success in your business, workplace, career and life. It can introduce you to the visualizing techniques already used by well-known individuals that can be your success role-models!
Tip#867: Expand Your Mind with Time Travel Movies, Pt 3 - Terminator Genisys
Motivational Speaker | Resilience Expert
Tip#758: Movies that Changed My Life - Star Wars Episode IV: A New Hope
When the original Star Wars was first released in 1977 it instantly changed my life and triggered my imagination on a massive level. It would inspire my drawings and artworks leading to my successful illustration business of over 20 years. So I was thrilled to recently meet Roger Christian who won an Oscar for Best Art Direction on the original Star Wars!
Christian screened a remastered version of his short film Black Angel that was thought lost for 34 years. It was shown before the theatrical release of Star Wars Episode V: The Empire Strikes Back in certain locales. Toronto film critic Richard Crouse moderated the Q & A after the screening where I learned that Christian was responsible for creating the Jedi lightsabre and prototype for R2D2.
Black Angel is now available on: iTunes for $2.99
I could feel my excitable childhood nerd coming out as he shared inspiring stories about working with George Lucas on what was then a groundbreaking science fiction movie. This was a time before CGI was used and physical sets and props were the norm. Christian was also Art Director on the first Alien movie, another highly influential film for the science fiction genre.
The epic science fiction space opera film, Star Wars (later retitled Star Wars Episode IV: A New Hope) is about a farmboy named Luke Skywalker (Mark Hamill) who gets drawn into a battle between the Rebel Alliance and the Galactic Empire. Along the way he meets characters that have become a huge part of pop culture such as CP3O, R2D2, Chewbacca, Obi Wan Kenobi, Han Solo, Princess Leia and Darth Vadar. See: original movie trailer
This film changed my life in my early teens and would later inspire my spiritual beliefs because it introduced The Force to me. Skywalker learns to become a Jedi Knight using the ways of The Force through his mentor Obi Wan Kenobi (Alec Guinness). Kenobi explains "It's an energy field created by all living things. It surrounds us and penetrates us. It binds the galaxy together."
This belief would become a grand part of my mid-life challenges as I discovered that The Force was very real and was described in many other ways in religions around the world. This belief would help me through the many adversities I went through and helped me become a stronger more resilient person. I'll always be grateful to the original Star Wars and filmmakers like Roger Christian that helped fuel my passion, imagination and successes in my life and career!
What favourite movies changed your life growing up or as an adult? Please let me know!
Tip#757: Fond Memories Feel Good - Godzilla
This week I was saddened to discover the second of two favourite bookstores was closing. The Chapters at the corner of John St. and Richmond St. West next to the Scotiabank Theatre is shutting its doors at the end of this month. This follows the closing of the World's Biggest Bookstore two months ago.
For decades I loved going to these stores and will always have fond memories of times I spent there either shopping, browsing with friends or enjoying a quiet read of books and magazines on a rainy afternoon.
Other fond memories came up as a kid watching Sunday afternoon monster movies on TV when I went to see the new Godzilla film. Somehow parts of the movie triggered these warm memories because they kept what I liked of these cheesy 50's films. I love how fond memories feel so good like a comforting, warm blanket!
Godzilla (2014)
The science fiction monster film, Godzilla, is a reboot of the Japanese films of the 50's retelling Godzilla's origins in today's times. Starring Bryan Cranston, Aaron Taylor-Johnson, Ken Watanabe and Elizabeth Olsen in a cinematic experience that puts you right into this epic, exciting story of ancient monsters creating stunning destruction amongst our cities. With a slow build up to incredible scenes of the immensity of Godzilla and other creatures there was also a Spielbergian sense of awe and wonder. See: movie trailer
I loved how faithful this film was to the 50's films giving me what I fondly remembered growing up as a kid. How the monster looked, moved and his famous roar brought back some nostalgic feelings of those lazy Sunday afternoons in front of the TV with my parents and siblings. At the same time this new movie was upgraded for today's times as an adult. Maybe this reboot will happen with what I loved about my soon-to-be-gone favourite bookstores. That is a wonderful warm thought to think about!
Tip#756: Top Feel-Good Movies, Pt 1 - Fusia Magazine 5th Anniversary Party - Million Dollar Arm
I love going to sneak preview movies and I also love inspiring, feel good films based on true stories. So I was thrilled when I saw both in one that was part of Fusia Magazine's 5th Anniversary Party at the Scotiabank Theatre.
The first part of the special event was a cocktail reception where I enjoyed seeing some old friends and made new ones. After some delicious samosas and sparkling wine we were guided to the screening of Disney's Million Dollar Arm.
There was such strong feeling of family with the predominantly South Asian Fusia crowd and it just felt good to be part of this celebration and part of the audience for a film I've been eager to see since I saw the trailer. I knew this was going to be a great feel-good movie!
Million Dollar Arm (2014)
The biographical sports drama film, Million Dollar Arm, is based on a true story about sports agent J.B. Bernstein (Jon Hamm) who goes to India to find raw talent to become the first Indian baseball players in the Major Leagues. Dinesh Patel (Madhur Mittal) and Rinku Singh (Suraj Sharma) have their lives changed as they come to the US for training. Bernstein also transforms his attitude towards life and business in this highly entertaining and highly inspirational movie. See: movie trailer
Along with fantastic and funny performances by all the leads and supporting cast (Aasif Mandvi, Lake Bell, Alan Arkin, Pitobash Tripathy) the movie highlights insights for improving business such as creative thinking and marketing. Plus there are uplifting life lessons like persistence with a goal, the value of extended family, embracing different cultures and the importance of commitment.
This film is enjoyable on so many levels and I highly recommend seeing it especially if you have a vision, dream or goal that seems impossible. This feel good film will encourage you to persevere even when others say what you are doing cannot be done.
Tip#828: Motivatorman's Top 10 Feel Good Movies
Tip#806: Top Feel-Good Movies, Pt 2 - St. Vincent
Tip#807: Top Feel-Good Movies, Pt 3 – The Artist
Tip#979: Top Feel-Good Movies, Pt 4 - Pelé: Birth of a Legend
Resilience Expert & Speaker
Movies for Motivation Expert
Tip#755: Believe in Fortunate Accidents - The Lunchbox
"Sometimes the wrong train can take you to the right station."
It has been a gloriously warm and sunny weekend here in Toronto. It's a big difference from the long cold winter we've had. Just last weekend I stayed indoors because of rainy weather and went through old party photos during my previous business years as an illustrator. I was reminded of how many special events and parties I loved going to. I missed those days and wished to attend more of these fun social gatherings full of good food and new people to meet.
The day afterwards I went to a business meeting where my colleague offered another person at the meeting a chance to join her at a magazine's anniversary party that included a sneak preview of a major motion picture. He said that he already had other plans and so she offered it to me. I was so excited and immediately said yes! I believe in synchronicities and serendipities like reminded me of how magical life can be when we make wishes! The special event was a fantastic experience and will write about it and the movie in next post.
The Lunchbox (2013)
The Indian romantic drama film, The Lunchbox, is about a lonely, widowed accountant named Saajan (Irrfan Khan) and a neglected wife named Ilia (Nimrat Kaur) who cooks a special lunch to be delivered to her husband's workplace. Through a rare mixup Saajan receives the lunchbox and his life begins to change from tasting the delicious food. They begin to send notes to each other through the lunchbox. See: movie trailer
This calmly paced movie put me right into the atmospheric daily life of Mumbai and into the lonely lives of Saajan and Ilia. They demonstrated how a simple form of written notes can uplift and transform one another's moods and also help each other find the courage to make positive changes in their lives. You will see how delicious foods can bring people closer together. The film is a wonderful reminder that serendipity or fortunate accidents can be magical and lead to unexpected, beautiful benefits.
Tip#754: Strong Women in the Movies, Part 1 - Belle
I recently saw a sneak preview of a period piece called Belle and was deeply inspired by the strong spirit of the lead character. Her courage and resilience during a life full of challenges made me think she was an amazing new cinematic role model to celebrate. She was a character that women, as well as men, need to see and discover life lessons for empowering their own lives and work.
Growing up at school I would be picked on and bullied because I was always the shortest and a visible minority among mostly white classmates. Thankfully I was able to make friends by being funny and sharing my funny drawings. So as I got older I empathized with movie characters like Belle who faced painful challenges as a visible minority.
Belle (2014)
The drama film, Belle, is about an illegitimate mixed-race heiress named Dido Elizabeth Belle (Gugu Mbatha-Raw) facing the challenges of living among 18th century London high society. Her story was inspired by the 1779 painting of Dido beside her cousin Lady Elizabeth Murray. Her character demonstrated amazing strength when dealing with racial discrimination and female discrimination of the times. See: movie trailer
"I have been blessed with freedom twice over, as a negro and as a woman."
Dido was also inspiring in how she clearly articulates her thoughts whenever she is confronted or challenged. She then shows great perseverance for making social change especially when challenging her primary caregiver William Murray (Tom Wilkinson), 1st Earl of Mansfield, the Lord Chief Justice. There are other aspects of the movie that are thought-provoking and features beautiful period costumes and a romantic story. I highly recommend seeing this powerful film.
• Supportive People
• Optimism
• Racial Respect
Mbatha-Raw gives a star-making performance and is already making strong impressions in the reviews I've read. I believe she has given us a strong new cinematic role model, for men and women, that can inspire each of us to seek out our inner strengths and stand firm in the face of adversities. Be inspired today by strong women in the movies that could mirror your own potential and abilities!
Tip#860: Strong Women in the Movies, Part 2 - Spy
Tip#929: Strong Women in the Movies, Part 3 - Aliens
Tip#930: Strong Women in the Movies, Part 4 – Mary Kom
Tip#968: Strong Women in the Movies, Part 5 - Erin Brockovich
Tip#1024: Strong Women in the Movies, Part 6 - Women's March – Made in Dagenham
Tip#501: How Women in Movies Inspire a Leadership Mindset
Tip#753: Movies that Inspire an Interest in History - Pompeii
As a kid I loved the disaster films of the 70's like The Poseidon Adventure, The Towering Inferno And Earthquake. I especially remember the intense joy of experiencing Sensurround sound technology in theatres. The bass levels were so loud the vibrations shook the floor and my seat and body while watching Earthquake in 1974! It was amazing!
Around the same time I was introduced to eerie photos of plaster casts of people who died from the volcanic devastation of Pompeii in A.D. 79. I was always fascinated by these images and it took a recent movie to compel me to research what happened to these people. And despite the negative reviews I was also treated to a good ol' fashion disaster flick!
Pompeii (2014)
The historical action disaster film, Pompeii, is set in 79 A.D. a story of Milo (Kit Harington), a slave turned gladiator persevering to save his love Cassia (Emily Browning) during the eruption of Mount Vesuvius. That's all you really need to know as the highlight of this action film is the incredible visual scenery of the city, landscapes and the spectacle of the destruction sequences. See: movie trailer
I was amazed at the breathtaking detail of the city especially in the aerial shots. I later discovered that the filmmakers went to extensive lengths to accurately portray the city as well as the eruption. The film also opens and closes on shots of the bodies covered in ash. In an interview with producer and director Paul W.S. Anderson he said that each fictional character was inspired by one of the famous plaster casts of people frozen in the moments of their death.
Movies based on historical events can inspire you to research and learn more about the people and culture of the times. And if these events relate to deaths from devastating catastrophes then their lives live on. Their stories would have touched you in some way and give their lives some eternal meaning.
Read: Interview With Paul W. S. Anderson, Pompeii Director, on the Film's Scientific and Historical Accuracy
Read: Hollywood's Pompeii Gets History Mostly Right, Scientific American.com
Discover How Movies Inspire Resilience in Your Work & Life! See website: www.motivatorman.com
Tip#760: Passion & Perseverance, Part 7 - Today's ...
Tip#759: Expand Your Mind with Time Travel Movies,...
Tip#758: Movies that Changed My Life - Star Wars E...
Tip#756: Top Feel-Good Movies, Pt 1 - Fusia Magazi...
Tip#755: Believe in Fortunate Accidents - The Lunc...
Tip#754: Strong Women in the Movies, Part 1 - Bell...
Tip#753: Movies that Inspire an Interest in Histor...


text:
Business Commentary
Canada's brain gain – the reverse migration of tech talent is happening
Yung Wu
Contributed to The Globe and Mail
Published May 4, 2018 Updated May 7, 2018
The brightest talent needs the biggest stage. For generations of Canadian tech workers that's been more than a cliché, it's been a career ethos – one that invariably led south. Over multiple decades as an entrepreneur, I never experienced a time when Canadian ventures weren't seeing their top people poached by firms in Silicon Valley, Boston or New York.
That is, until now.
The north-south brain drain of tech talent is finally being reversed. We've seen hints of this trend over the last couple of years, but a new survey by MaRS provides clear evidence. Of 100 high-growth Toronto-region tech firms polled, 53 per cent saw an increase in international job applicants between 2016 and 2017. Some saw a doubling or, in a few cases, a tripling of candidate interest from outside Canada.
Follow-on effects are also becoming evident with recent news that Collision, one of North America's fastest-growing startup conferences, has decided to relocate to Toronto from New Orleans. It's clear the city's tech star is rising.
While a recent study by Munk School of Global Affairs' Innovation Policy Lab argues that computer engineering graduates are leaving for jobs in Silicon Valley, Toronto is starting to benefit from American policies, as more senior international candidates become less willing to gamble their futures on the increasingly uncertain H-1B visa lottery (the H-1B permits U.S. employers to hire foreign workers in specialty occupations). But the brain gain has homegrown causes, too. I see three main drivers:
Talent follows talent
Canada has long been home to world-leading researchers, such as Geoffrey Hinton at the University of Toronto and Yoshua Bengio at Université de Montréal who were instrumental in the latest advances in artificial intelligence. Their labs attracted ambitious and talented machine-learning experts who wanted to work with the best. Canada is now moving strategically to leverage this strength with initiatives such as the Canada 150 Research Chairs Program, which has brought 24 top international academics to our shores, and the newly established Vector Institute, which will attract more students of artificial intelligence.
The diversity dividend
The best engineers can come from the Middle East or South Asia or Latin America or anywhere. At a time when nationalist sentiment is rising on both sides of the Atlantic, our urban centres' diverse population and accepting atmosphere are important strategic advantages to attract this talent. The diverse population is also an important asset for developers, who need access to unbiased datasets that are rich in ethnic and cultural diversity to train their algorithms to make sense of the world.
Responsible disruption
Talented people are also coming here because the region is focused on socially beneficial verticals, such as health care, population aging and clean tech. From a recruiting perspective, the region's culture represents an important point of differentiation from the direction Silicon Valley has gone of late.
But ask any venture founder and they will tell you what I also learned as an entrepreneur: Talent alone doesn't guarantee a win. It is a necessary, but insufficient condition to create global companies.
To really capitalize on this influx of talent, Canada needs to surround it with the other elements of the innovation supply chain: global partners and capital.
Toronto's tech ecosystem needs to continue attracting global firms such as Samsung and Uber, and working with innovation-focused Canadian corporations such as RBC, which has set up Borealis AI, an artificial intelligence research arm.
But, more urgently, it also needs to grow the supply of capital that fuels company growth. Although Canadian venture capital investments have increased strongly in recent years, reaching $3.2-billion in 2016, our companies are still trying to scale with much less funding than their U.S. competitors. To close this gap we need to continue attracting venture capital investors, but also look to new sources of global capital.
Obvious pools of untapped potential are Canada's enormous pension plans and global corporations, which are holding significant reserves on their balance sheets. In the past, with a few notable exceptions, these funds have stayed on the sidelines of the innovation economy because they've deemed tech ventures too small and too risky. But if the story of the current digital revolution has a punch-line, it's that tech innovation disrupts industries in unpredictable ways. These funds' portfolios of private equity and infrastructure investments are so huge that they have broad exposure to the effects of disruption. There's a strong argument that investing in growing tech ventures is a strategic imperative that would drive an asset class with outsized financial returns, while also inoculating their existing portfolio investments from disruption in the long run.
I've always believed in the model of being the fast follower, rather than first in. Toronto region has the opportunity to drive the innovation ecosystem in a different way than Silicon Valley has. But this moment won't last indefinitely. In my view, we have three to five years before the America First movement uses up its energy and the U.S. starts to change course on immigration. We have to ensure that when it does, Canada's tech stage is big enough to keep attracting the best and brightest.
Yung Wu is CEO of MaRS Discovery District
Canada facing 'brain drain' as young tech talent leaves for Silicon Valley
Is Canada really facing a brain drain?


Swift operators are flexible and powerful. They're symbols that behave like functions, adopting a natural mathematical syntax: for example, 1 + 2 versus add(1, 2). However, it's important that you treat them like potential Swift Kryptonite.
In this talk from the Swift Language User Group, Erica Sadun discusses why your operators should be few, well-chosen, and heavily used. There's even a fun interactive quiz! Play along with "Name That Operator!" and learn about an essential Swift best practice.
My name is Erica Sadun. For those of you who don't know who I am, I'm a writer, I'm a blogger, I'm a coder, and I particularly write about the Apple ecosystem.
My latest book is called called Swift Style. It's in beta over at Pragmatic Press, and it's going to print in a few weeks.
Why does style matter? Why, when you code, should you even bother thinking about style, reviewing your style, or improving your coding style?
The compiler doesn't care about your code. Style isn't about how the compiler sees your code, the correctness of your code. Style is about people.
It's not just the compiler that needs to read your code. Good style is about not just working with other people, but working with yourself and your future self who's going to look at this code. You'll increase the understandability and maintainability of your code by introducing good style.
I'll cover a few practical and pragmatic concepts, and I'll discuss how both coding and people work.
What are operators and how do they work? Operators are symbols, but they behave like functions. Unlike normal functions, they have an integrated syntax. They let you check, change, and combine values using a notation that's natural and mathematical.
These calls perform identical tasks: it's simply adding two numbers. The operator version uses the plus sign and it puts it right between two numbers. This is called infix form. It's simple and easy to read. It has a natural correspondence to math: you write your code just like you'd write an equation.
Below it is the functional version, which takes you a step back from the direct expression. This version has a custom name. It lists its arguments inside parentheses, and it's wordier. It feels more constructed and less natural than the operator version.
I think the operator version is easier to read and is easier to understand when you glance at the screen because it's so close to the way we were taught to write when we did this by hand.
In general, operators are awesome. They're readable, they naturally map to your established conventions that you're already trained in, and they enhance the clarity and intent of your code.
But, are they always a win? Like any language construct, operators have both benefits and of course draw backs. There are right and proper places for operators, and then there are times when operators are simply the wrong choice.
The key is knowing how and when to use operators properly.
For simple and universal operations, it's hard to beat operators. Swift has its built-in operator suite. It has Boolean logic, like the logical && operator. It's familiar and easy to use.
These operators are powerful, expressive components of the language. Swift doesn't limit you to the built-in suite of operators. It enables you to create your own custom operators that perform almost any functionality that you can build with one or two arguments. Custom operators allow you to expand your expressive reach.
For example, you can introduce a double-star operator: **. I use this for exponentiation. This operator is ridiculously simple to implement, and it picks up an existing convention that you may have seen in other languages. By creating a custom version, you introduce that existing convention into the Swift ecosystem.
Custom operators aren't limited to math. For example you might build a custom operator that performs a safe bitcast: -->. In this case, it ensures that the size of the destination type matches the memory layout of the item that you're casting. That's an extra check that's not built-into Swift itself which adds functionality and value into the language.
If you're feeling particularly transgressive, you can even bring back the prefix and postfix increment and decrement operators that Swift got rid of last year: ++ and --.
The decision was made before they open sourced the language. Now, if you want to check out this kind of customization, I actually put in my own implementation of the prefix and postfix increment and decrement operators.
Custom operators pull from a huge set of legal typographic symbols. You might create your own set union operator with this corresponding unicode symbol ∪ and use it in place of the built-in union function that's provided by Swift's standard library.
By using a custom operator, you get a powerful way to apply functions without using the function notation.
As you see in this example, on the third line, I'm using a custom operator.
In the same vein, you could build a subset operator. Again, you would be using standard math symbols and you use the magic of Swift in unicode: ⊆. Set operators offer a natural correspondence to set mathematics. However, the reality is it could also be a real pain to type.
If you're working on MacOS (which is actually not a given if you're working on Swift), you can wrangle the system character picker to find and type your unicode for you.
You might also think to build some keyboard macros. Unfortunately ,the shortcuts you create in System Preferences will not expand in Xcode. If you want a keyboard solution, you're going to need to look at third-party solutions. Keyboard maestro, or some other third-party solution, for example. This simply counters the effort and pain involved in typing custom operators.
Is this code going to go open source? Is it going to become a library to be consumed by third-parties? Are they going to have your macro tool sets on hand?
What's easy to type at your office may not be easy to type for a well-distributed library. The first rule of Operator Club is: If it is hard to type, it is hard to use.
No matter how mathematically perfect and correct and semantically beautiful your symbol, if it is hard to get that symbol into your code, you are sacrificing utility for pretty, which is not a good thing.
You have to understand how much effort is going to be involved in creating these beautiful operators, and use that as a guideline for whether or not you should include them.
Here's another rule of Operator Club: Not everybody uses a US keyboard. Symbols that are easy to type on a US keyboards can be ridiculously difficult to type on international keyboards. Don't assume that everybody's layouts are the same.
Understanding how human factors play into programming helps you establish good coding practices and that's what introduces good style into your code. Operators rely on two key elements of human cognition: recognition and recall.
Recognition is all about familiarity. When you see an operator in your code, will you recognize what it does? You see it and you just have to confirm that either, yes, this is the right symbol, or no, it's not the right symbol.
Recall is much harder than recognition. Recall relies on retrieving information from your memory by associating that information with the related concepts that you have easily available.
Recognition always has a lower cognitive burden than recall. It's easier to recognize that a fact is correct than to recall the answer to a question.
As a rule, recognizing a function name is always easier than recalling an operator, unless the operator is well trained in your mind and universally understood, like the plus sign.
Recall is hard, and operator recall is especially hard. No matter how pretty your operator, it places extra intensity on the burden of recall.
Operators, especially custom ones, naturally lack the context and cues that allow you to relate information and functionality to things that you are seeing in code as you look at it.
Code review is very often done offline, on paper, where you don't have access to Xcode or its quick help system. Additionally, there is a significant and growing number of Swift developers who work on platforms like Linux or use non-standard development environments that may not support the structured document presentation of Xcode's quick help. Xcode is engineered to support association, which allows you to link the related concepts together by use of quick help and other tools, but it's not always there on other platforms.
Association helps you to narrow down concepts by relating terms to an idea. Most of all, it assists recall. In Xcode, an associated word feeds into its auto-completion system in a way that pure symbols can't. If you're struggling to remember how to perform a subset, which is a very standard set operation, nearly every coder will find it more easily by starting to type an associated term (i.e. the word "subset") than trying to remember and type the symbol which would never be able to use this association system.
Unnatural operators aren't naturally recognizable. Put yourself into the shoes of someone reading your code and not the person who wrote the operator. For someone completely fresh to it, there's no implicit or expected recognition for an ad hoc operator that is not pulled from math or science.
The compiler isn't the only one who's ever going to read your code. You are going to read your code as you write it, and you're going to read it in a month or a year from now. Future-you has to maintain the code that you wrote some time ago. People in your organization and anyone who consumes your APIs will also read it. For anyone who encounters your operator, an arbitrary operator has no natural meaning outside the structured documentation you used to annotate it.
Reinforcement means integrating a concept into your accessible memory through repetition and through the reward of using it properly. When you apply an operator and your code works and keeps working and every time you use it, it offers positive reinforcement.
People don't struggle with conventional symbols. You don't have to struggle to remember that the plus sign means addition, since you use it constantly. You've learned it since you were a kid, and it appears on every calculator on earth. It is no less learned than the union operator or the subset operator, but it is more reinforced.
To support your recall, your operator needs that reinforcement. You must use an operator regularly, meaningfully, and in a way that drives it into your mental tool set. So, don't bother creating operators unless you're going to use them a lot. The more you use it, the more you'll retain it.
Operators are precious and expensive. They involve significant mental costs for creating code for reading code, and maintaining code. Use operators sparingly.
An operator that is sourced from foundational concepts like math establishes important context and association cues. These cues reduce your training costs. They enhance mental retention. Always prefer natural operators like mathematical symbols to wholly fabricated ones.
If you're going to dive in and use an operator, select non-trivial functionality with the biggest impact possible. There are very few operators that travel with me from project to project, but when they do, they are the operators that work and that they offer immeasurable improvement in safety, reliability, efficiency, and simplicity. Always pick operators that matter.
A great operator that's impossible to type isn't going to get used. You'll just end up writing a function that calls the operator and that completely blows past the point of creating the operator in the first place. Keep your symbols simple and keep them easy to type.
Think global. First, prefer symbols that can be as easily entered on the German keyboard as a US keyboard. Also think about when you're shipping libraries outside your house development, keep them as meaningful for your consumers as they are for the people who are producing those libraries.
When you adopt an operator use it, use it! If you're not using an operator significantly more than you would a function, seriously consider cutting it out and just replace it with a function. There is no shame. You're going to decrease your training and lower your maintenance costs.
Sometimes we fall in love with the idea of an operator more than the reality of it. If you want your Swift code to look like a kind of type set math paper, you are prioritizing the wrong goals. Prefer usable code to pretty code.
I've talked about recognition, recall, retention, association, recency, context, and more. These concepts are super useful for evaluating operators, but the same human factors apply to all your code.
Everything in style basically boils down to these lessons. You have to learn to consider your code in terms of the effect it has on the people who read it, because it's not just the compiler who reads it. Other people will maintain, expand, and use your code in the future. Understanding how humans think and process information is the core idea behind all programming style, and it is the single touch point that every style guide serves.
Good coding and good style serves the human as well as the compiler. Good style is all about working with people.
If you'd like to check out some more opinionated explorations about writing Swift code, my book is available in the Pragmatic Beta program right now. I also post on my personal site.


Discuss with Dheeraj Vaidya CFA FRM!
I worked as a JPMorgan Equity Analyst and I am also a ex-CLSA India Analyst My educational qualifications are - Mech Engg, IIT Delhi + MBA, IIM Lucknow.My personal blog, WallStreetMojo, aims at helping students and professionals to become proficient in Financial Analysis. There, I share secrets about the best ways to analyze Stocks, buzzing IPOs, M&As, Private Equity, Startups, Valuations and Entrepreneurship.I am certified CFA and FRM.
Representing the spread of key PE ratios in floating columns/bars.
How to Use Trading Multiples for Valuing a Company.
A step-by-step guide on how to use trading multiples for valuing a company.
Looking at Sensitivity Analysis in Excel for professionally modeling Discounted Cash Flow.
A template to calculate the operating expense ratio in Excel.
Calculate the percentage of your company's earnings that isn't paid out as dividends, but credited as retained earnings.
Ask Dheeraj Vaidya CFA FRM questions about their work or tools. Go ahead!


Congrats! You've passed the interview and been offered a new job. Let out a big sigh of relief as all the hard work is over right?
How early should you arrive? Should you pack a lunch? What if you forget someone's name?
Your mind is racing, your thoughts are in overdrive, but take a deep breath and have a read of our eight tips to make sure your first day starts off smoothly.
Don't be late, especially on your first day. Make sure you know where you are going, by scoping out the route which you'll take on the first morning. Also, take into consideration you may be travelling at rush hour, which no one ever just knows how much time to allow for. Aim to be at least 15 minutes early, you don't want to be rushing and racing on your first day. Grab a coffee in a nearby café and relax if you find you overestimated the journey time.
Have your outfit prepared from the night before and prepare for the various climates which Ireland can throw at you in any one given day. It's always a safe bet to pack an umbrella given that we're never shy of rain here. If you were present at their offices for your interview you should have gotten an insight into how everyone dresses – if not, a smart business look is always best.
Also, if you've a bit of a walk ahead of you, we wouldn't recommend breaking in your new work shoes just now. Pop on your runners for the walk and pack your shoes for when you reach the office. Blisters will not be your friend on day one! Although it's a given that you are shown the first aid kit, limping and whining doesn't look good.
Pack a lunch - but be prepared not to eat it!
If you're offered to go have lunch with your new boss and co-workers, go! It's important to show that you're ready to mingle with your new team — so save the packed lunch for another day.
If it happens to be a company who bring in their own lunches each day, at least you're saved then too! It may take a few days to suss out what exactly happens at lunch time each day, but be prepared either way.
You'll likely be introduced to many people, and while they may make the first attempt to learn a little about you, try to find out about them and their role. It's not just flattering, it will help you do your job better.
This is the time when your allowed to ask as many questions as you like! So don't be shy, speak up and you'll be off on the right track from the get-go.
You obviously know the company and what they do since you were successful in securing this new role. But it's important to have a plan in place for when you start, be prepared for what you want to achieve in the first 30, 60 and even 90 days in your new role. This will give you a good grounding that you are on the right track and are progressing as the week's role by.
You won't feel those first few weeks whizz by especially when you're in a new and exciting environment with new colleagues and opportunities.
Starting in a new company where you know no one can be daunting. Make sure you get involved, it's the best way to get to know your new-found work friends. Many companies are now promoting work wellness amongst their staff with running (or walking!) groups at lunch or team events in the evenings.
Also, if your colleagues tend to get together once every so often for food or drinks– the only answer is yes!
Put your mobile phone on silent. You need to be 100% present at work, especially on the first day. There's enough things to concentrate on without the distraction of social media and keeping up to date with the WhatsApp group. Everyone will still be there at 5.30 when your finished day one and you've all evening to fill them in.
Just remember it was you in the interview that landed this new and exciting opportunity. Just relax and be yourself – they hired you above all other candidates for a reason! If you feel overwhelmed by the tasks at hand, just take a breather. You'll fit right in in no time.
And finally - Best of luck!
Have you any advice for anyone starting a new role? Let us know @glandorenetwork.
Our serviced office spaces in both Dublin and Belfast are sure to make your staff feel right at home when settling in to their new jobs. If you'd like to find out more about us and how we can help your business grow, get in touch for a chat or a tour here.


Is it possible to tell if aerial sockets are working without connecting a TV?
...although that need be no more than a laptop and a TV tuner USB dongle.
Thats's over 100 channels of shiteview to check.
Do those things really work? Just had a look at eBay, and there are loads of 'em for less than a tenner, including postage. Seems to be the USB dongle itself, an aerial, a CD and remote control.
What is on the CD? Will that little aerial really work if you happen to live more than about twenty feet from a transmitter? Anyone any experience?
Yep, mate of mine decided to try one after not bothering with a TV for years, planning to head back to China soon, and it worked fine.
Yeah, so cheap they are certainly worth a try.
Just the app to let you select the channel etc.
You don't have to use that, you can use Windows Media Center etc if you have that. That isnt included in Win 8 anymore tho.
Yep, worked fine for him and he was 20 miles from the transmitter.
Naw, just 16 TV channels here once you take out the +1's and HD versions and 11 (BBC only) radio stations.
Yes - have a couple. Which only cost a few quid.
The aerial certainly didn't work well here - and I'm pretty close to the transmitter. So I hacked it off and fitted a coax plug. And then an extension to an outside aerial socket - I have one in every room. Then worked just fine.
*Some days you're the dog, some days the hydrant.
Thank you, Rod and Dave.
Well, I took the plunge, and ordered a dongle and an amplifier, again USB powered.
Setup was simple but, using the supplied aerials (one came with the dongle and another with the amplifier) the software could not find any stations.
However, when connected to an ordinary roof aerial all works fine. Have not yet tried the roof aerial without the amplifier.
A Bodgers Diary. (fairly long).
FM radio: use TV aerial?
How to test a TV aerial wall socket?
Cost of putting up TV aerial?
Any tv aerial amp experience?
distance between tv aerial and mains socket?
Where do you buy a TV aerial mast?
Long Freeview TV aerial extension cable - use F plugs & satellite cable?


The residence, which is temporarily uninhabitable, was being monitored by the homeowner.
A 38-year-old man is facing multiple charges after he allegedly broke into an uninhabitable East Fishkill house.
Ricky D. Dunbar of East Fishkill, was charged with second-degree burglary, a felony, and the misdemeanors of possession of burglar tools and attempted petit larceny.
East Fishkill Police on Tuesday night responded to a house on Route 82 for a report of vandals.
Dunbar was located on the grounds of the East Fishkill Community Center by Sgt. Paul Gaston, and officers Justino Bermudez and Stephen Costello.
Investigation revealed Dunbar had "broken into the residence and attempted to steal multiple items which belonged to the homeowner," police said.
Dunbar was arraigned at the East Fishkill Town Court and sent to Dutchess County Jail on a $10,000 bail or $20,000.00 bond, pending a future court date.


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IFF News
International Club Tournaments
EuroFloorball Cup
EuroFloorball Challenge
World Floorball Championships
European Masters Games
U19 World Floorball Championships
Men´s quarter-finals in Sweden
iff-graphics 07/03/2016 - News , Sweden Floorball News
Pixbo Wallenstam won the men's regular season in Sweden and earned a place in the Champions Cup 2016. Out of the 14 teams in the Swedish League eight will play in the play-offs and two teams will face the play-downs. Pixbo...
Play-offs in Latvia
iff-graphics 07/03/2016 - News , Latvia Floorball News
The Women's regular season ended last weekend and the semi-finals start this week. In the Men's league the quarter-finals are almost settled. Lielvarde & Rubene Elvi Liga Men Lielvarde played an impressive regular season and...
Latvian Women´s WFC 2015 team hounoured
On February 19th the Latvian Women´s national team visited the Parliament of the Republic of Latvia where the Chairman of the Sports Subcommittee, Janis Upenieks, congratulated the team for 5th place in the World Floorball Championships...
IFF Kids with Sticks Support Project
iff-graphics 04/03/2016 - News , Development
The International Floorball Federation (IFF) has launched a new floorball equipment support project called Kids with Sticks and will donate 10 packages with sticks and balls. - We want to support children and give them a chance to feel the joy...
International Club Tournaments 2016
iff-graphics 03/03/2016 - News , International Club Tournaments
There are several international club tournaments for both youth and adults organised in 2016. Below you can find a list of the different tournaments that have already been informed to the IFF. Photo: www.praguegames.cz There are floorball...
Women´s U19 WFC 2016 Media Accreditation
iff-graphics 02/03/2016 - News , Women's U19 WFC 2016
The Women´s U19 World Floorball Championships 2016 media accreditation has started. Media applications can be made via the form found on http://floorball2016.ca/media/ The 7th Women´s U19 World Floorball Championships 2016 are played in the...
U16 Spanish Floorball Championships
iff-graphics 02/03/2016 - News , Spain Floorball News
Floorball Escorial has won the U16 Spanish Floorball Championships for the second year in a row. The national U16 Floorball Championships were held last weekend in El Escorial, Spain. Four teams fought for the title. The semi-finals were...
Champions Cup 2016 website released
iff-graphics 01/03/2016 - News , Champions Cup 2016
The official website for Floorball Champions Cup 2016 in Borås, Sweden, has been released. Visit www.floorballchampionscup.eu to find all latest information about the Men´s and Women´s CC 2016. - We´ll keep filling it with useful...
Czech Quarter-final teams set
iff-graphics 01/03/2016 - News , Czech Floorball News
The regular season has now also ended in Czech Republic. Both Men's and Women's quarter-finals start on March 5th. Fat Pipe Florball Chodov men and 1. SC Vitkovice Oxdog women won the regular season. Photos:...
WU19 WFC 2016 Referee and Observer nominations
The IFF Referee Committee has in its meeting in Copenhagen on the 27th of February nominated the referees and the observers for the upcoming WU19 WFC 2016, which will be played in Belleville in Canada from the 4th to 8th of May. - This is the...
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Floorball in the media