If you are to believe TV shows, criminal trials are incredibly exciting, filled with courtroom drama. Unfortunately (depending on your view), trials are rarely so dramatic, and much of criminal defence happens in a negotiation room, not on trial. The Oscar Pistorius trial, which has been unfolding over the last few months, seems to be a very real exception to this rule, playing out as though on an episode of Law & Order or Criminal Intent.
With dramatic evidence from Pistorius himself, as well as cross examination from Chief Prosecutor Gerrie Nel, the last few days before they took a three-week break in particular captured the attention of the entire world, with many even watching the trial through live streams online. Now that the defence has resumed calling witnesses, it is once again top of mind for many around the world.
While watching and reading some of the footage surrounding the case, I've been struck by the fact that Oscar Pistorius was called to give evidence at all. In South Africa, as in New Zealand, a defendant has the right to remain silent. While the onus is on the prosecution to prove their case beyond reasonable doubt, the defence only has to weaken the Crown's case sufficiently to ensure a verdict of not guilty. In a trial with no jury, as this one is, garnering sympathy is not a priority, so having a defendant personally testify seems less important.
I do wonder whether I would have called on Mr Pistorius to give defence or not, as it has provided the prosecution with a prime opportunity to grill him and break down his defences. After the defence did a good job of undermining the forensic evidence, allowing Mr Pistorius to give evidence almost seemed like they were throwing the prosecution a bone – a bone that Gerrie Nel has chewed into with relish.
Yet as an excellent article in the New Zealand Herald pointed out recently, memory can often be reconstructive. Most people find it difficult to recall exact details and thus there are several challenges faced when dealing with how people usually remember their past in contrast with the kind of memory-based evidence that is needed in cases such as this one. I will often advise a client not to give evidence, as many are very nervous and struggle dealing with the pressure of being cross-examined.
Of course, consideration would have to have been given to whether a credible narrative of what happened according to Mr Pistorius is before the court for considering when deciding the verdict. However, it is noted that a full and detailed affidavit from Oscar Pistorius setting out the circumstances of the shooting was already before the court when the defence chose to let Mr Pistorius take the stand.
It does make you wonder whether allowing Mr Pistorius to give evidence has something to do with this being the first South African case to ever be broadcast and tweeted live – after all, what would a courtroom drama be without the main attraction? While people all over the world are asking themselves whether he killed girlfriend Reeva Steenkamp or not, the question that comes to my mind is more about why this needs to be broadcast in quite such a public way. While I value the importance of a free press and letting the public know what's happening, the media attention around the trial has turned into far more of a circus than it needs to be.
I suppose the answer to that lies in the very nature of celebrity – a murder case regarding an unknown South African couple would never see the light of day in New Zealand media. It makes me wonder if the same would ever occur with a New Zealand case. Based on the media's approach with cases with lesser known people, I would imagine it definitely could, although perhaps not on the global scale of this case. I only hope that people remember that the case isn't there for their entertainment, and that drama shouldn't come at the expense of justice.
*John Munro is a criminal defence lawyer operating his own practice in Auckland central.
by Christopher Chapman 12/05/2014 11:04:23 a.m.
"While people all over the world are asking themselves whether he killed girlfriend Reeva Steenkamp or not": He has admitted that he killed her so why would these people be wondering whether he did so?
"Take the stand": We are not Americans, thank goodness. In New Zealand we "enter the witness box".


text:
Anthony "Pomp" Pompliano, the show's host, speaks with some of the most interesting personalities in business, finance, and Bitcoin. Pomp helps you become wiser every day, from billionaires to cultural superstars. The Podcast is focused on education about Bitcoin but it presents a lot of other interesting topics regarding the crypto space, too. Additionally
the mechanics of the traditional financial markets are explained when necessary to understand the use of blockchain technology better.
Anthony "Pomp" Pompliano is a technology entrepreneur and investor. The majority of people simply refer to him as "Pomp." Pomp now maintains a $500 million investment portfolio, which includes holdings in several of the biggest names in the bitcoin and crypto industries.
Pomp's passions lay at the crossroads of finance, technology, entrepreneurship, and economics, which he frequently discusses with his 700,000 Twitter followers.
He also presents the popular podcast "The Pomp Podcast," which has received over 20 million downloads. Pomp also sends out a daily message to more than 150,000 investors every morning.

redpajama_set_name: RedPajamaCommonCrawl


text:
Crypto can't fix carbon offsets — but crypto fans are trying anyway
by Bitcoin August 18, 2022, 2:33 pm 1.7k Views
There's a wonky new attempt to use controversial technology to tackle climate change: turning carbon offset credits into crypto tokens. Both carbon offsets and crypto are hot-button topics in the sustainability game. Crypto mines have been notorious sources of climate pollution, and purchasing carbon offsets is a popular way companies try to absolve themselves of their greenhouse gas pollution, a strategy that has mostly failed in the past. Now, parts of the crypto industry are claiming that they can make offset credits better — but experts are still skeptical.
To understand how these new tokens are an old-fashioned carbon offset in crypto clothing, we need to get down to the basics of how they work. We'll start with carbon credits.
Carbon credits 101
Carbon dioxide is a byproduct of doing business in our current economy, and it will remain in that position as long as we rely heavily on burning fossil fuels. Using electricity, transporting people and goods — all result in carbon emissions that are heating up our planet. This is bad. Now, there is a solution to stop Earth from turning into a charred and flooded hellscape — stop emitting so much carbon dioxide. But that is very inconvenient for companies and requires them to change how they power their operations and move stuff around the world. Some companies think they've figured out a way to get around all that. If they keep emitting but want to be able to say that they're going "green," they can just invest in efforts to prevent or capture carbon dioxide emissions elsewhere. That will cancel out the effects of their own pollution, or so the thinking goes. Now, people have to figure out how to keep track of that carbon.
These new tokens are an old-fashioned carbon offset in crypto clothing
That's where carbon offset credits come into the picture. A carbon credit represents a metric ton of carbon dioxide that's been captured or that has otherwise avoided being leaked into the atmosphere. Carbon credits have been used for a long time by companies and individuals interested in offsetting their emissions. An airline or one of its passengers, for example, might purchase carbon credits to offset the pollution from a flight, in the process absolving travelers from the stain of climate pollution.
But if this all sounds too good to be true, it's because it usually is. We'll get back to this — but first, the blockchain.
Blockchain 101
The flashy new thing we're talking about here is turning those credits into crypto tokens, which involves bringing the credits that we talked about above onto a blockchain. A blockchain is basically a shared record of transactions, meaning the record is usually maintained by many different people or entities to make it harder to corrupt (The Verge has a great explainer here). That's important because you want to avoid problems like double-spending with cryptocurrencies or double-counting when it comes to greenhouse gas emissions reductions.
Tying credits to blockchains using tokens, the argument goes, can potentially make it easier to see what the heck is going on in carbon markets. And that's supposed to make carbon credits more appealing and valuable — which might incentivize better quality offset projects. One of the splashiest examples of this concept is the forthcoming "Goddess Nature Token," created by a startup called FlowCarbon, whose founders include Adam Neumann of WeWork infamy. The goal of GNT is to usher in "a liquid, transparent market that anyone can access." In other words, the aim is to make it easier for anyone to buy carbon credits and see how those transactions are taking place.
How helpful that would actually be for the planet, though, is up for heated debate. The elephant in the room is the energy hunger of some blockchains. The biggest culprits are the biggest cryptocurrencies, Bitcoin and Ethereum, that use a particularly energy-intensive and polluting process to verify transactions. Their electricity use can rival the annual electricity use of some small nations. Some of the carbon offsets that have been turned into crypto tokens are available on Polygon, a blockchain that's essentially built on top of Ethereum. As a result, even though Polygon says it avoids the energy-hungry crypto mining process, it is still responsible for some of Ethereum's carbon dioxide emissions.
Offsetting emissions the old-school way, pre-crypto, was already a risky venture
Other tokens have turned to blockchains that use a different system that uses vastly less energy. But this all goes to show that trying to solve climate change through these kinds of techno-fixes is dicey business, with plenty of pitfalls to avoid.
Besides, offsetting emissions the old-school way, pre-crypto, was already a risky venture because a lot of carbon credits on the market are junk: they don't represent real reductions in emissions. So turning those credits into tokens just doesn't get to the root of that problem.
"If cryptocurrencies are buying up poor quality credits and tokenizing them and creating value out of them, that seems really problematic to me," says Barbara Haya, director of the Berkeley Carbon Trading Project. "You don't want to create value out of things that are based on false claims about carbon impact."
Carbon offsets 201: the quality control problem
Carbon registries issue carbon offset credits from offset projects that are supposed to reduce the concentration of carbon dioxide building up in the atmosphere — say by preserving a forest or planting trees that draw down planet-heating CO2.
The problem is that carbon offset markets are riddled with bad credits. They might represent, for example, efforts to preserve a forest and its potential to store CO2. Oftentimes, investigations have found, those forests were never in danger of being razed or the threats they faced were exaggerated — so paying to "protect" them didn't actually help to further limit the amount of planet-heating pollution building up in our atmosphere. In fact, a lot of credits that are traded don't actually represent real-world reductions in greenhouse gas emissions, the Berkeley Carbon Trading Project has found. Offsetting is "not yet a credible climate solution at all," Haya says, and the overall quality of offsets hasn't really improved over time.
Blockchains haven't solved the quality control problem
There are a lot of companies that are trying to sell crypto as a climate solution. Back in October, a blockchain project called Toucan and a decentralized autonomous organization (sort of like an environmental "crypto co-op") called KlimaDAO released a new token. It's called Base Carbon Tonne (BCT), and it represents carbon offset credits that have been moved from a traditional carbon registry onto a blockchain.
Markets for carbon offset markets are "opaque, rife with middlemen and, as a result, suffer from questionable quality and lack transparent price signals," Toucan said in a post in October when it launched.
Bringing carbon offset credits onto a blockchain theoretically makes the risky process of dealing in carbon credits more transparent. Folks can see the record of transactions clearly on the blockchain: which credits were sold when and for how much, and what kind of carbon-reducing project it stems from.
Toucan's first effort to bring carbon credits on-chain picked up steam fast. After a few months, about a quarter of all the credits on the world's largest registry had been moved on-chain using Toucan's platform. But its popularity didn't necessarily translate into success when it comes to reducing planet-heating pollution.
"There's plenty of room to over exaggerate"
One high-profile analysis by researchers at the nonprofit CarbonPlan found that nearly all the credits were of such poor quality that they would have been barred from the global offsetting scheme for international aviation, considered an industry standard for offsets. Part of the problem with many of the credits was that they were tied to old "zombie projects," according to CarbonPlan, that other buyers likely hadn't touched because of quality concerns. Once they'd been converted into tokens, all the crypto hype had them selling like hotcakes, even if they weren't necessarily a good buy.
"There's plenty of room to over exaggerate how much your crypto efforts are actually helping the environment," says Grayson Badgley, lead author of the CarbonPlan analysis. "Simply moving that inventory [of credits] from one registry to the next isn't going to suddenly make those carbon offsets better."
Backlash to the over-exaggeration was swift. The carbon registry decided to stop turning credits into tokens, pending "public consultation" on how to improve the process. To try to address some of the problems, Toucan introduced a new token called the Nature Carbon Tonne with tighter restrictions on what kinds of offset projects could be included. The critical analysis, they say, proved that blockchain is a tool that can improve the offset market through greater transparency.
"If you can see everything that's happening, it's a lot easier to criticize things and to fix things," says Toucan COO Robert Schmitt. "The only reason CarbonPlan was able to do this analysis is because it's on-chain. They could never have done this in the traditional market."
Roadblocks ahead
Neumann's new venture, Flowcarbon, is trying something similar to Toucan with its Goddess Nature tokens. But it's trying to avoid some of the problems Toucan ran into by vetting offset credits more thoroughly before turning them into tokens. The tokens will be based on newer carbon credits that meet "market-recognized standards," Flowcarbon says.
Its promises seem to have reassured investors. Flowcarbon nabbed $70 million in venture capital in May.
Flowcarbon says it plans to officially launch GNT "soon," refuting a July Wall Street Journal report that said the launch was on hold following crashing crypto prices. "[GNT] will trade at one transparent price for everyone in a liquid, transparent market. This clear and consistent price data is essential for investors to be able to finance new carbon reduction and removal projects that generate credits," Flowcarbon CEO and co-founder Dana Gibber said in an emailed statement to The Verge.
Despite all the documented problems with offsets, they've continued to grow more popular
You see, despite all the documented problems with offsets, they've continued to grow more popular as a way for companies to be able to say that they're shrinking their impact on the environment. Offset fans are holding out hope that the markets can still improve with techno-fixes that have ranged from monitoring offset projects with satellites to make sure they're doing what they're supposed to be doing — to blockchains bringing increased transparency to markets. It gives new outfits like Flowcarbon motivation to make carbon credits easier to buy and sell by turning them into tokens.
But experts are dubious that increased liquidity is a good thing, given the poor quality of many carbon offset credits. "Given that you can't trust the credit quality, companies ideally would do due diligence and really look for projects and project developers that they trust and that they want to support," Haya says.
The need to vet credits leads to another reason why blockchains haven't been able to solve problems at the core of carbon offset markets. Digital currency economist Alex de Vries calls it "The Oracle Problem." Blockchains, by nature of being a decentralized ledger, are — at their best — supposed to eliminate the need to rely on a big institution like a bank to keep an accurate record of assets. But sifting out poor-quality carbon credits still relies on a trusted intermediary like the traditional offset registry. They might need to perform audits to verify that trees actually have been planted and that no one is double counting emissions reductions, de Vries explains.
Otherwise, de Vries says, "If you put garbage on the blockchain, it's still garbage. The blockchain doesn't fix that. It's a misconception."
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text:
--TEST--
V8\IntegerValue
--SKIPIF--
<?php if (!extension_loaded("v8")) print "skip"; ?>
--FILE--
<?php

// Bootstraps:

$isolate = new V8\Isolate();
$value = new V8\IntegerValue($isolate, 123.456);

/** @var \Phpv8Testsuite $helper */
$helper = require '.testsuite.php';

require '.v8-helpers.php';
$v8_helper = new PhpV8Helpers($helper);

// Tests:

$helper->header('Object representation');
$helper->dump($value);
$helper->space();

$helper->assert('IntegerValue extends NumberValue', $value instanceof \V8\NumberValue);
$helper->line();

$helper->header('Accessors');
$helper->method_matches($value, 'getIsolate', $isolate);
$helper->method_export($value, 'value');
$helper->space();

$v8_helper->run_checks($value, 'Checkers');

$global_template = new \V8\ObjectTemplate($isolate);
$context = new \V8\Context($isolate, $global_template);

$string = $value->toString($context);

$helper->header(get_class($value) .'::toString() converting');
$helper->dump($string);
$helper->dump($string->value());
$helper->space();

$helper->header('Primitive converters');
$helper->method_export($value, 'booleanValue', [$context]);
$helper->method_export($value, 'numberValue', [$context]);
$helper->space();

$helper->header('Test negative value in constructor');
$value = new V8\IntegerValue($isolate, -123.456);
$helper->method_export($value, 'value');
$helper->method_export($value, 'booleanValue', [$context]);
$helper->method_export($value, 'numberValue', [$context]);
$helper->space();

$v8_helper->run_checks($value, 'Checkers for negative');

$helper->header('Integer is int32, so test for out-of-range (INT32_MIN-INT32_MAX)');

foreach ([PHP_INT_MAX, -PHP_INT_MAX, NAN, INF, -INF] as $val) {
  $helper->value_export($val);
  try {
    $value = new V8\IntegerValue($isolate, $val);
    $helper->method_export($value, 'value');
  } catch (Throwable $e) {
    $helper->exception_export($e);
  }
  $helper->space();
}

?>
--EXPECT--
Object representation:
----------------------
object(V8\IntegerValue)#2 (1) {
  ["isolate":"V8\Value":private]=>
  object(V8\Isolate)#1 (0) {
  }
}

IntegerValue extends NumberValue: ok

Accessors:
----------
V8\IntegerValue::getIsolate() matches expected value
V8\IntegerValue->value(): int(123)

Checkers:
---------
V8\IntegerValue(V8\Value)->typeOf(): V8\StringValue->value(): string(6) "number"

V8\IntegerValue(V8\Value)->isUndefined(): bool(false)
V8\IntegerValue(V8\Value)->isNull(): bool(false)
V8\IntegerValue(V8\Value)->isNullOrUndefined(): bool(false)
V8\IntegerValue(V8\Value)->isTrue(): bool(false)
V8\IntegerValue(V8\Value)->isFalse(): bool(false)
V8\IntegerValue(V8\Value)->isName(): bool(false)
V8\IntegerValue(V8\Value)->isString(): bool(false)
V8\IntegerValue(V8\Value)->isSymbol(): bool(false)
V8\IntegerValue(V8\Value)->isFunction(): bool(false)
V8\IntegerValue(V8\Value)->isArray(): bool(false)
V8\IntegerValue(V8\Value)->isObject(): bool(false)
V8\IntegerValue(V8\Value)->isBoolean(): bool(false)
V8\IntegerValue(V8\Value)->isNumber(): bool(true)
V8\IntegerValue(V8\Value)->isInt32(): bool(true)
V8\IntegerValue(V8\Value)->isUint32(): bool(true)
V8\IntegerValue(V8\Value)->isDate(): bool(false)
V8\IntegerValue(V8\Value)->isArgumentsObject(): bool(false)
V8\IntegerValue(V8\Value)->isBooleanObject(): bool(false)
V8\IntegerValue(V8\Value)->isNumberObject(): bool(false)
V8\IntegerValue(V8\Value)->isStringObject(): bool(false)
V8\IntegerValue(V8\Value)->isSymbolObject(): bool(false)
V8\IntegerValue(V8\Value)->isNativeError(): bool(false)
V8\IntegerValue(V8\Value)->isRegExp(): bool(false)
V8\IntegerValue(V8\Value)->isAsyncFunction(): bool(false)
V8\IntegerValue(V8\Value)->isGeneratorFunction(): bool(false)
V8\IntegerValue(V8\Value)->isGeneratorObject(): bool(false)
V8\IntegerValue(V8\Value)->isPromise(): bool(false)
V8\IntegerValue(V8\Value)->isMap(): bool(false)
V8\IntegerValue(V8\Value)->isSet(): bool(false)
V8\IntegerValue(V8\Value)->isMapIterator(): bool(false)
V8\IntegerValue(V8\Value)->isSetIterator(): bool(false)
V8\IntegerValue(V8\Value)->isWeakMap(): bool(false)
V8\IntegerValue(V8\Value)->isWeakSet(): bool(false)
V8\IntegerValue(V8\Value)->isArrayBuffer(): bool(false)
V8\IntegerValue(V8\Value)->isArrayBufferView(): bool(false)
V8\IntegerValue(V8\Value)->isTypedArray(): bool(false)
V8\IntegerValue(V8\Value)->isUint8Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint8ClampedArray(): bool(false)
V8\IntegerValue(V8\Value)->isInt8Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint16Array(): bool(false)
V8\IntegerValue(V8\Value)->isInt16Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint32Array(): bool(false)
V8\IntegerValue(V8\Value)->isInt32Array(): bool(false)
V8\IntegerValue(V8\Value)->isFloat32Array(): bool(false)
V8\IntegerValue(V8\Value)->isFloat64Array(): bool(false)
V8\IntegerValue(V8\Value)->isBigInt64Array(): bool(false)
V8\IntegerValue(V8\Value)->isBigUint64Array(): bool(false)
V8\IntegerValue(V8\Value)->isDataView(): bool(false)
V8\IntegerValue(V8\Value)->isSharedArrayBuffer(): bool(false)
V8\IntegerValue(V8\Value)->isProxy(): bool(false)

V8\IntegerValue::toString() converting:
---------------------------------------
object(V8\StringValue)#81 (1) {
  ["isolate":"V8\Value":private]=>
  object(V8\Isolate)#1 (0) {
  }
}
string(3) "123"

Primitive converters:
---------------------
V8\IntegerValue(V8\Value)->booleanValue(): bool(true)
V8\IntegerValue(V8\Value)->numberValue(): float(123)

Test negative value in constructor:
-----------------------------------
V8\IntegerValue->value(): int(-123)
V8\IntegerValue(V8\Value)->booleanValue(): bool(true)
V8\IntegerValue(V8\Value)->numberValue(): float(-123)

Checkers for negative:
----------------------
V8\IntegerValue(V8\Value)->typeOf(): V8\StringValue->value(): string(6) "number"

V8\IntegerValue(V8\Value)->isUndefined(): bool(false)
V8\IntegerValue(V8\Value)->isNull(): bool(false)
V8\IntegerValue(V8\Value)->isNullOrUndefined(): bool(false)
V8\IntegerValue(V8\Value)->isTrue(): bool(false)
V8\IntegerValue(V8\Value)->isFalse(): bool(false)
V8\IntegerValue(V8\Value)->isName(): bool(false)
V8\IntegerValue(V8\Value)->isString(): bool(false)
V8\IntegerValue(V8\Value)->isSymbol(): bool(false)
V8\IntegerValue(V8\Value)->isFunction(): bool(false)
V8\IntegerValue(V8\Value)->isArray(): bool(false)
V8\IntegerValue(V8\Value)->isObject(): bool(false)
V8\IntegerValue(V8\Value)->isBoolean(): bool(false)
V8\IntegerValue(V8\Value)->isNumber(): bool(true)
V8\IntegerValue(V8\Value)->isInt32(): bool(true)
V8\IntegerValue(V8\Value)->isUint32(): bool(false)
V8\IntegerValue(V8\Value)->isDate(): bool(false)
V8\IntegerValue(V8\Value)->isArgumentsObject(): bool(false)
V8\IntegerValue(V8\Value)->isBooleanObject(): bool(false)
V8\IntegerValue(V8\Value)->isNumberObject(): bool(false)
V8\IntegerValue(V8\Value)->isStringObject(): bool(false)
V8\IntegerValue(V8\Value)->isSymbolObject(): bool(false)
V8\IntegerValue(V8\Value)->isNativeError(): bool(false)
V8\IntegerValue(V8\Value)->isRegExp(): bool(false)
V8\IntegerValue(V8\Value)->isAsyncFunction(): bool(false)
V8\IntegerValue(V8\Value)->isGeneratorFunction(): bool(false)
V8\IntegerValue(V8\Value)->isGeneratorObject(): bool(false)
V8\IntegerValue(V8\Value)->isPromise(): bool(false)
V8\IntegerValue(V8\Value)->isMap(): bool(false)
V8\IntegerValue(V8\Value)->isSet(): bool(false)
V8\IntegerValue(V8\Value)->isMapIterator(): bool(false)
V8\IntegerValue(V8\Value)->isSetIterator(): bool(false)
V8\IntegerValue(V8\Value)->isWeakMap(): bool(false)
V8\IntegerValue(V8\Value)->isWeakSet(): bool(false)
V8\IntegerValue(V8\Value)->isArrayBuffer(): bool(false)
V8\IntegerValue(V8\Value)->isArrayBufferView(): bool(false)
V8\IntegerValue(V8\Value)->isTypedArray(): bool(false)
V8\IntegerValue(V8\Value)->isUint8Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint8ClampedArray(): bool(false)
V8\IntegerValue(V8\Value)->isInt8Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint16Array(): bool(false)
V8\IntegerValue(V8\Value)->isInt16Array(): bool(false)
V8\IntegerValue(V8\Value)->isUint32Array(): bool(false)
V8\IntegerValue(V8\Value)->isInt32Array(): bool(false)
V8\IntegerValue(V8\Value)->isFloat32Array(): bool(false)
V8\IntegerValue(V8\Value)->isFloat64Array(): bool(false)
V8\IntegerValue(V8\Value)->isBigInt64Array(): bool(false)
V8\IntegerValue(V8\Value)->isBigUint64Array(): bool(false)
V8\IntegerValue(V8\Value)->isDataView(): bool(false)
V8\IntegerValue(V8\Value)->isSharedArrayBuffer(): bool(false)
V8\IntegerValue(V8\Value)->isProxy(): bool(false)

Integer is int32, so test for out-of-range (INT32_MIN-INT32_MAX):
-----------------------------------------------------------------
integer: 9223372036854775807
V8\Exceptions\ValueException: Integer value to set is out of range

integer: -9223372036854775807
V8\Exceptions\ValueException: Integer value to set is out of range

double: NAN
TypeError: Argument 2 passed to V8\IntegerValue::__construct() must be of the type integer, float given

double: INF
TypeError: Argument 2 passed to V8\IntegerValue::__construct() must be of the type integer, float given

double: -INF
TypeError: Argument 2 passed to V8\IntegerValue::__construct() must be of the type integer, float given

redpajama_set_name: RedPajamaGithub


text:
Q: Notepad++ Incrementing the "new" tab After closing various "new" tabs I used in Notepad++ for storing text I didn't want to save as a new document, I find that my "new" tabs increase in number each time.  Currently, I'm up to "new 3".  It's nit-picky, but this really irritates me.  Is there any way to reset that counter?

A: The best way I've found to do this is:

*

*Settings -> Preferences -> Backup -> Uncheck "Remember current session for next launch"

*Relaunch Notepad++

*Check that box off again (assuming you want to).

This resets the counter to "new 0", which is still slightly annoying, however, I don't know of a way to get it to just "new".

redpajama_set_name: RedPajamaStackExchange


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We like to make hackathons be about more than code and about more than products. With a new mayor and new priorities, a presidential primary and Democratic National Convention, a mess of new councilpersons, and more than a few groups abuzz about millenials in public office, there hasn't been a better, or more important time, to be a civic hacker and improve Philly democracy. Read this post about how you can contribute to hacking democracy whether it's with code or ideas.
Read more "Help make DemHack2016 the best Code for Philly hackathon yet"
Read more "If you're a woman doing cool things and not talking about them, you need ELA Conf"
Read more "Code for Philly SustyHack2015 Wrap Up"
Read more "An Introductory Post, only a year later"


text:
Section 28-8-301
Idaho Statutes are updated to the web July 1 following the legislative session.
INVESTMENT SECURITIES
TRANSFER OF CERTIFICATED AND UNCERTIFICATED SECURITIES
28-8-301. Delivery. (1) Delivery of a certificated security to a purchaser occurs when:
(a) The purchaser acquires possession of the security certificate;
(b) Another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or
(c) A securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is: (i) registered in the name of the purchaser, (ii) payable to the order of the purchaser, or (iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.
(2) Delivery of an uncertificated security to a purchaser occurs when:
(a) The issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or
(b) Another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.
[28-8-301, added 1995, ch. 272, sec. 2, p. 889; am. 2001, ch. 208, sec. 17, p. 814.]


text:
Q: Have `purrr::pmap()` ignore extra columns? I'm trying to use purrr::pmap() to map a function over columns of a data frame by name.
However, I noticed that with pmap, the data frame must contain columns that match the names in the function and cannot contain other columns. For example, the first pmap() call below fails, but the second works, where I filter to the needed columns.
Is there a way to have pmap() ignore the extra columns? Or this there a better way to do this type of thing?
library(tidyverse)

# Test data
set.seed(123) # for reproducibility
df <- tibble(a = runif(5),
             b = runif(5),
             c = runif(5),
             d = runif(5))

f <- function(a, b, d) a+b+d

# Doesn't work
pmap(df, f)

Error in .f(a = .l[[1L]][[i]], b = .l[[2L]][[i]], c = .l[[3L]][[i]], d = .l[[4L]][[i]],  :
  unused argument (c = .l[[3]][[i]])

# This works
pmap(df[c("a", "b", "d")], f)

A: We could select the columns based on the argument values in the function
library(dplyr)
library(purrr)
pmap(df %>%
     select(any_of(names(as.list(args(f))))), f)
[[1]]
[1] 1.232959

[[2]]
[1] 1.562498

[[3]]
[1] 1.343455

[[4]]
[1] 1.762373

[[5]]
[1] 2.351586

A: You can do:
 library(tidyverse)

# Test data
df <- tibble(a = runif(5),
             b = runif(5),
             c = runif(5),
             d = runif(5))

f <- function(...) {
   l <- list(...)
   with(l, a+b+d)
}
pmap(df, f)

alternatively:
f <- function(...) {
   list2env(list(...), environment())
   a+b+d
}


text:
Facts Garbled As U.S. Tries To Take Charge Of Spill The chief government spokesperson on the oil spill, Coast Guard Adm. Thad Allen, often speaks with great authority. Trouble is, he's often wrong.
Gulf Oil Spill: Containment And Clean Up
Facts Garbled As U.S. Tries To Take Charge Of Spill
June 18, 20103:00 PM ET
The chief government spokesperson on the oil spill, Coast Guard Adm. Thad Allen, often speaks with great authority. Trouble is, he's bungled a lot of the facts. Chip Somodevilla/Getty Images hide caption
The chief government spokesperson on the oil spill, Coast Guard Adm. Thad Allen, often speaks with great authority. Trouble is, he's bungled a lot of the facts.
The head of the federal oil-spill response announced in a press conference Tuesday that a ship called the Development Driller II has now bored down 9,000 feet below the seafloor in its efforts to create a relief well. Coast Guard Adm. Thad Allen said the drilling ship should be able to tap into the ruptured well in three to four weeks -- that would be mid-July -- a month ahead of schedule.
Unfortunately, none of these statements appears to be true.
National Incident Commander Thad Allen has trouble keeping his facts straight. He comes across great on TV. He's poised, polished, authoritative in his Coast Guard uniform. But ever since the federal government told BP it was no longer welcome at the official news conferences, the admiral has had to stand on his own answering technical questions about BP's operations. This carries the symbolism that the government is in charge. But as a result, facts often end up garbled.
Thursday's briefing was a painful example. It ended up being an exercise in correcting the errors in Allen's opening statement.
The headline sounded pretty good. Allen said a ship called Development Driller II was proceeding apace in its efforts to drill a relief well:
"And they are 9,000 feet below the seafloor right now and starting to close in on the, on the well bore itself. We anticipate over the next three to four weeks they will close in, and be able to tap into the well itself."
If BP was indeed poised to tap into the well itself in three to four weeks that would be a month sooner than the government has been saying. When reporter Jim Polson asked Allen to clarify, he backpedaled. First he offered a tangled description of how the drill is going to approach the damaged well nearly horizontally and then turn and go straight down.
"So they're going to be very close to the well over the next couple of weeks, and the last 1,000 feet and then drilling through the casing are what becomes very, very tricky and has to be done very, very carefully and precisely," Allen said.
Polson asked for clarification: "So the close to the well is this month, actually intercepting it is still August?"
"Correct," Allen said.
Or maybe sooner, he added. No promises.
Backtracking To Right Errors
The timing of this maneuver wasn't the only point of confusion. Allen gave the wrong name of the ship that's drilling the first relief well. That's understandable, since the ships working on the relief wells are called Development Driller II and Development Driller III. But when asked to clarify which ship was which, he repeated his error. Finally, it seems someone whispered in his ear to set him set him straight.
"The first driller on scene was Development Driller III, now is at a depth of 9,967 feet. Development Driller II, the second driller on scene, is now at a depth of 4,560 feet below the subsurface. And I apologize for confusing you and me."
You may have noticed that buried in that correction, Allen actually made another correction. Contrary to what he said at the beginning of the news conference, the main relief well wasn't just 9,000 feet into the rock, it was almost 10,000 feet into the rock -- closer to its destination of about 13,000 feet below the sea floor.
And Allen erred elsewhere in the news conference. He said a ship that recently started collecting oil is connected to the blowout preventer's "kill line" when in fact he later corrected himself and said it has tapped into the very similar "choke line" -- just like it says in the BP plans.
Kristen Hayes from Reuters asked for another clarification.
"You said earlier that, that the BP's increase of capacity would be up to 60,000 to 80,000 barrels by the end of July. I thought BP's plan said they planned to have that by mid-July. Is there a delay we don't know about?"
"No quite frankly I didn't have the chart in front of me, but it is July and it's mid-July. I probably misspoke there," Allen said.
Hurt By A Lack Of Technical Expertise
Friday's news conference went better. And it may seem harsh to pick on the likable, retired Coast Guard admiral.
But Prof. Paul Argenti, an expert in crisis management at Dartmouth's Tuck School of Business, says the national incident commander's frequent technical flubs do real damage to the administration's credibility.
Argenti says on the plus side, Allen has strong leadership qualities. Also, it is a good idea during a crisis to have a single spokesman, he says.
"But the perfect person for this job would be someone who has the technical expertise. Not an admiral who obviously doesn't know what he's talking about in this situation," Argenti says. "It's actually a really poor choice from my perspective."
And in the inevitable fog of a crisis, Allen is often contributing to the confusion, rather than helping to sort it all out.
Related NPR Stories
Can BP Tweet Its Way To A Better Image? June 18, 2010
Hard Oil: Nigeria's Sad Lesson In Environmental Devastation June 18, 2010
Why Joe Barton's Apologies Should Keep Coming June 18, 2010
Fear And Resignation In Florida As Oil Heads East: 'It's Gonna Come!' June 17, 2010
On Rep. Barton And BP: 'Shakedown' Or 'Misconstruction'? June 17, 2010


In this edition of Warrior Fitness Talk, Chris discusses why everything you've been taught about heartburn, indigestion, and acid reflux is wrong, and how to fix it. He also talks about the importance of taking vitamin K2 if you're worried about heart disease, and he lists off some healthy keto snacks that you can take on the go - not just snacks, but some really delicious snacks like the Keto Brownie.
As one of the most established ghostwriters in the nation, New York Times best-selling author Michael Levin has written, co-written or ghostwritten more than 550 books, of which eighteen are national best sellers. He appeared on ABC's Shark Tank in January of 2012.
In the past, Michael has published with Simon & Schuster, Random House, St. Martin's Press, Putnam/Berkley, and many other houses. His works have been optioned for film and TV by Steven Soderbergh/Paramount, HBO, Disney, ABC, and others. One of his own novels became Model Behavior, an ABC Sunday night Disney movie of the week.
He has also made contributions to the New York Times, the Wall Street Journal, Forbes.com, Politico, the Los Angeles Times, the Boston Globe, the Jerusalem Post, Writers Digest, CBS News. Michael teaches writing at the University of California – Los Angeles and has taught at New York University.
Michael appeared on the first episode of Season Three of ABC's Shark Tank, is a regular contributor to Huffington Post, and is most proud of having edited Zig Ziglar's final book, Born To Win.
He has spoken on BBC worldwide radio and TV, discussing the Random House/Penguin merger and has been quoted in Inc. Magazine (April, 2016 and in a BloombergBusiness piece on ghostwriting.
He appeared twice on Fox News, in an interview with Tucker Carlson on Fox & Friends, and on Fox Business, discussing the 2016 election, and was the subject of an interview in July, 2016 on Forbes.com.
In this conversation, Dom and Chris discuss applications of ketosis to enhance performance for the US Military warfighter and potential for neuroprotection to guard against future neurological issues with post-traumatic stress and traumatic brain injury. They also get into making the ketogenic diet easier and more palatable.
After serving in the US Army's Special Forces, Tony Aguiniga pushed hard into the civilian world. He graduated from the Fire Academy, got his Oil Broker's License, and began his civilian life in what many would consider responsible fashion.
But something wasn't right. Tony wanted to do more. So Tony and some friends started a tactical shoe company called Woobies. These are awesome, fashionable, and comfortable shoes that you could wear hunting or out to dinner. With his first entrepreneurial experience under his belt, Tony decided to pursue another passion: educating veterans about the benefits of cannabis.
In his new venture, mygreentools.com, Tony's site teaches veterans about the potential benefits of the cannabis plant: what strains to use, the best dosages, and methods of use. He also runs a company called Grey Matter that makes some amazing glass pipes.
Mark Sisson is one of the biggest names in the fitness industry and the Primal/Paleo movement.
He's also 64 years old and looks better than a lot of guys half his age, which is why I think people should listen to him. But it wasn't always easy for Mark.
Back in the 1980s, he was a high level endurance athlete, and he ate like one. Loading up on carbs to do day after day of grueling training was standard for his routine. But his diet and training schedule led to a near complete breakdown of his athletic career. Swollen achy joints and irritable bowel syndrome were with him every day.
Mark decided to change his diet and training in favor of the paleo lifestyle, and he was able to continue to be active, out running and out muscling many guys in their 30s.
Mark lays this all out in his book The Primal Blueprint, and his new book The Keto Reset Diet, explains how we can all tap into our evolutionary make up to gain the ability to burn fat for fuel at will.
This was a fantastic conversation with one of my fitness heroes and I hope you enjoy it!
Tragedies such as the one we experienced on October 2, 2017 are horrible. But even in tragedy we can find lessons.
So many of us are obsessed with fear of the future that we forget to garner lessons from the present.


IT operations at State Auto deployed an application performance management system that provides a transaction-centric view of applications and infrastructure.
We were having the kind of "Groundhog Day" that no one wants to face. I'm referring to the Bill Murray movie that makes his character relive the same day over and over.
Reliving a day wouldn't be bad if it were a day that went smoothly. However, when there are disruptions, angry calls from customers and system downtime, that's not the kind of day you want to repeat. Unfortunately, that's exactly the situation I and my IT team at State Auto Insurance Companies were facing.
State Auto, based in Columbus, Ohio, is a Fortune 500 organization with 3,000 independent agencies across 33 states. Our IT systems support these geographically dispersed agencies, as well as a vibrant, highly interactive Web presence boosted by a new Tier 3 state-of-the-art data center. It's critical to State Auto's success that our systems are always available to serve our policyholders, partners and agents.
As an operations engineering leader for State Auto, I serve as the primary liaison for 23 subject-matter experts (SMEs) who oversee the many applications, systems and infrastructures that make up our massive, online ecosystem. The transactions that run across this system are extremely complex. Not surprisingly, we found that tracking down the root cause for performance issues was difficult—and sometimes impossible. We know we're not alone in facing this challenge, but that's not a big help when problems start occurring.
One string of incidents triggered a three-week stretch of e-commerce disruptions and slow application performance. There were so many angry calls to the help desk that we were worried we might lose some customers or that our company's reputation would take a hit.
We were also concerned that the slowdown might affect our presence on consumer sites that compare insurance rates. These performance issues were critical not just to IT, but to the entire business.
Our existing toolsets monitored individual IT systems and determined whether there were issues with specific servers going offline, such as those handling email, security and storage. We also tracked when customers entered the system and what kind of transaction time they were experiencing. Unfortunately, none of this shed any light on how the distinct parts worked as a group—how all these highly interconnected points came together.
We knew that every "dot" in our ecosystem had a great deal of influence on the other dots, but none of our IT tools could help us connect the dots. In that sense, we were working in the dark and unable to determine the cause of the disruptions.
We hadn't done anything wrong. Every time you add capabilities—via middleware, virtualization, service-oriented architecture (SOA), Web services and so forth—you create greater complexities for apps. The transactions change, making connections that did not previously exist.
In our case, we found that our systems grew so intricate that we reached a disconnect as to how all the pieces worked together. This is a common challenge throughout all IT shops. Like our counterparts in many other organizations, we knew of no existing tool that could lend true, overarching visibility throughout our systems.
During this crisis, the 23 of SMEs and I locked ourselves into a conference room and tried to solve the performance issues, but we couldn't find a silver-bullet solution. Each expert examined his or her own technology silo without any understanding of how that system structure affected overall transaction performance.
Without a common understanding of how everything worked together, voiced in a common language, things looked bleak for ever understanding why problems kept occurring.
We did make some corrections that we felt solved the problem, and some of the SMEs found tweaks to their specific systems that seemed to make things go smoother. Then, out of nowhere, the same pattern of events resurfaced, resulting in a flood of customer calls to the help desk.
That's when we knew we had to take a different approach – an application performance management (APM) solution that operations could use to unify our application and transaction management efforts. We needed to get out of the silo game and take a transaction-centric view of our applications and infrastructure.
None of our silo tools—even the deep-dive tools our developers used—could do that. We wanted to follow all transactions, identify the slow ones and drill down the server stack to the root cause of the problem.
Results had to be reported in a format that was clear and useful for executives and operations teams—not just the technology experts and developers. Our existing APM tools weren't designed to do those things, so we found an APM solution for IT operations.
I had seen one system, BlueStripe Software's FactFinder transaction monitoring solution, help with these kinds of issues on other State Auto, so I loaded it up on all our apps. In less than 2 hours, I installed the product; enabled it across the application components; and had a complete application and transaction map, measuring end-to-end response times, hop by hop, across every technology silo.
With FactFinder's complete transaction visibility, we could see how a large number of our applications were heavily dependent on a single database server. There were so many applications that we could tell the number of requests far outnumbered what the machine was expected to handle.
We discovered that some of the application teams had been "piling on" this particular server to the point where it was responding to an insane number of applications, many of which weren't showing any performance problems–yet. Once we knew the influence of this particular database, and how its performance for one app was directly impacted by requests from other apps, it was easy to correct the overload and quickly get application service back to superior levels.
Ultimately, for IT operations we need tools that make things clearer and don't hide system-level data behind technology silos. We need to know how all the systems in our complex applications are related and what the impact of one server is on overall application and transaction performance. For monitoring, we want to know where transactions go, where they get stuck and why.
In addition to helping us stay on top of how changes or upgrades would affect our service levels with mission-critical third-party connectors, this approach has reduced the number of people called into that conference room down to two (both in operations). It's nice to know there won't be any more repeats of those outages—no more groundhog days for us.
Shawn Pearson is the engineering lead at State Auto Insurance Companies.


text:
Keyword: 29palms
Active Shooter Reported At Marine Corps Air Ground Combat Center In Twentynine Palms
07/07/2020 8:43:05 AM PDT · by Red Badger · 49 replies
losangeles.cbslocal.com ^ | July 7, 2020 at 8:26 am | Staff
TWENTYNINE PALMS (CBSLA) — An active shooter has been reported Tuesday at the Marine Corps Air Ground Combat Center in Twentynine Palms. A shooter was first reported at about 6:30 a.m. A suspect is reportedly in custody. It's not clear if anyone has been shot or injured. The base, located about 150 miles east of Los Angeles in the Mojave Desert, is the largest Marine Corps base in the world at 932 square miles. This is a breaking news story. More information will be added as it comes in.
California active shooter alert: Reports of gunman at Marine Corps base
07/07/2020 8:11:52 AM PDT · by granite · 27 replies
Daily Express ^ | PUBLISHED: 15:50, Tue, Jul 7, 2020 | UPDATED: 15:58, Tue, Jul 7, 2020 | By LUKE HAWKER
GUNSHOTS have reportedly been fired at a US military base in California. Several reports have emerged on social media of an "active shooter" at the Marine Corps Air Ground Combat Center (MCAGCC) in California. The base also known as 29 Palms, is the largest US Marine Corps base.
Soldiers Organized Services Transports 10,000 & Counting
04/12/2010 10:50:37 AM PDT · by jazminerose · 2 replies · 272+ views
Soldiers Organized Services ^ | 4/12/2010
S.O.S. SOLDIERS ORGANIZED SERVICES FOR IMMEDIATE RELEASE ERICA STONE - (760) 799-5488 - e.stone@sosride.org April 10, 2010 10,000 and counting. Soldiers Organized Services (SOS) has transported over 10,000 servicemen and women and their families since their conception in May 2007… FREE! The 10,000th individual is a servicemember's spouse who will be arriving at the Palm Springs International Airport at noon April 13, 2010. Soldiers Organized Services (SOS) will be there to commemorate the event. Please be part of our celebration and help us spread the news. Thanks to the many dedicated volunteer drivers and the generosity of hundreds of individual...
Firing on U.S. Citizens.
03/01/2004 5:18:27 AM PST · by Fithee · 104 replies · 1,923+ views
Vanity | Fithee
As I recall, just after the Clintons were elected (remember we got two for one) a questionaire went out to military personnel asking them if they would be willing to fire on their fellow American citizens. I believe it was related to the confiscation of firearms. If anyone has kept references to newspaper articles that validate that 'horrific' democratic socialist liberal leftist act, please post.
Two dead, more injured in military crash (29 Palms Marines in highway crash before deployment)
01/04/2006 10:25:41 PM PST · by dbandit · 31 replies · 1,663+ views
North County Times ^ | 4 Jan 2006 | Unattributed
RANCHO BERNARDO ---- Two people died and an estimated 14 to 20 more Marine personnel were hurt when two military vehicles went over the side of southbound Interstate 15 bringing traffic to a halt Wednesday, authorities said. The collision happened at 7:19 p.m. on I-15 just south of West Bernardo Drive, California Highway Patrol Officer Larry Landeros said. A Camp Pendleton spokesman said the vehicles were from the 1st Marine Division stationed at Twenty-nine Palms. Further information was not available, he said. One large transport-type military vehicle towing another carrying military personnel struck the center divide and then went about...
I Urge You, Meet Brian Chontosh, an Unreported American Marine Hero
06/11/2005 2:11:31 PM PDT · by CHARLITE · 39 replies · 1,007+ views
CHRONWATCH.COM ^ | JUNE 11, 2005 | Editor, Chronwatch.com
For those of you who might not know, the man on the left is the Commandant of the Marine Corps (Gen. Michael W. Hagee), and he is proud to know the man on the right....... Maybe you'd like to hear about a real American, somebody who honored the uniform he wears. Meet Brian Chontosh. Churchville-Chili Central School class of 1991. Proud graduate of the Rochester Institute of Technology. Husband and about-to-be father. First lieutenant (now captain) in the United States Marine Corps. And a genuine hero. The secretary of the Navy said so yesterday. At 29 Palms in Californiam, Brian...
Syndication: RSS


text:
Ein Frankfurt vs Bielefeld (21 Jan)
Frank Kramer
L W W D D
Bielefelder Alm
Bielefeld, North Rhine-Westphalia
Home / Sport / Soccer / German Bundesliga / Bielefeld (year 2014)
21 Jan 22 Ein Frankfurt - Bielefeld Commerzbank-Arena @ 7:30pm
05 Feb 22 Bielefeld - Mönchengladbach Bielefelder Alm @ 2:30pm
13 Feb 22 Hoffenheim - Bielefeld Rhein-Neckar-Arena @ 4:30pm
19 Feb 22 Bielefeld - Union Berlin Bielefelder Alm @ 2:30pm
26 Feb 22 Leverkusen - Bielefeld BayArena @ 2:30pm
16 Jan 22 Bielefeld 2 - 2 SPVGG Greuther Bielefelder Alm
08 Jan 22 Freiburg 2 - 2 Bielefeld Mage Solar
18 Dec 21 RasenBallsport Leipzig 0 - 2 Bielefeld Red Bull Arena
14 Dec 21 Bielefeld 2 - 0 Bochum Bielefelder Alm
11 Dec 21 Hertha 2 - 0 Bielefeld Olympiastadion
DSC Arminia Bielefeld (full name: German: Deutscher Sportclub Arminia Bielefeld e.V. also known as "Die Arminen" or "Die Blauen"), or just Arminia, is a German sports club from Bielefeld, North Rhine-Westphalia. Arminia offers the sports of football, field hockey, figure skating and cue sports. The club has 12,000 members and the club colours are black, white and blue. Arminia's name derives from the Cheruscan chieftain Arminius, who defeated a Roman army in the Battle of the Teutoburg Forest.
The club is most commonly known for its professional football team that play in the 2. Bundesliga and mostly played in the first or second tier of the German football league system, among them 17 seasons in the 1. Bundesliga, to which they will return in the 2020–21 season. Arminia's most successful years were the 1920s, the early 1980s and the middle 2000s. In 1947 and in the 1950s Arminia had sunk down to a team playing in a rather local area in the third tier (later third tiers covered larger areas).
Arminia has been playing their home games at the Bielefelder Alm Stadium since 1926. Since 2004 the stadium has been named SchücoArena through a sponsorship deal.
Schwolow #1
Mainka #6
Bielefelder Alm is a football stadium in Bielefeld, Germany. The stadium, which has a capacity of 27 300, is owned by the football club DSC Arminia Bielefeld and mostly used for the club's matches. Formerly named Stadion Alm , it is currently known as SchücoArena due to a sponsorship deal with the Bielefeld-based window and solar panel manufacturers.


Our 90-minute brewery tour offers a glimpse behind the scenes of our operation. The start of the tour consists of an entertaining multimedia show, after which the group is led to the Sudhaus, the storage cellar and finally the bottling facility. Possessing sound specialist knowledge, our tour guides share background information about the brewmasters' labor and craftsmanship, as well as about the mechanically refined processes within our innovative facility. After the tour you can enjoy a Tannenzäpfle in the Zäpflebar. The number of participants is limited, therefore we ask that you reserve in advance.
Persons under the age of 16 can only take part if accompanied by an adult. The serving of alcoholic beverages is only conducted in agreement with the provisions put forth in the Law for the Protection of Children and Youth. Unfortunately, participation by physically handicapped persons, as well as visitors with baby strollers, is not possible due to current safety regulations.
That's how the new Rothaus BrauWelt presents itself. An interactive, 300 square meter large exhibition shows, through its 25 stations, everything worth knowing about the brewery's history, the use of high quality materials, as well as the relationship between the traditional art of brewing and innovative production methods, and about the culture of the Black Forest. Equipped with an audio guide (available in German, English or French), you can explore BrauWelt at your own pace. Furthermore, you can sit down and relax in the "Zäpfle-Bar"—and attraction well worth seeing.
Open daily from 11.00 to 18.00, Entrance fee: 5,00€ (plus deposit for the AudioGuide). Price includes one Rothaus Tannenzäpfle, which is handed when returning the AudioGuides. Owners of the Hochschwarzwald Card are granted free entrance to the BrauWelt.
The location of our brewery can hardly be surpassed. This becomes apparent when taking a stroll through the brewery grounds. Nestled right in the middle of the Black Forest, the Zäpfle Weg leads visitors through a delightful landscape. A total of nine stations and three pavilions offer an abundance of information on topics such as "raw ingredients," "the art of brewing" and "environmental standards." Added to this, you can obtain a view of the bottling facility where 60,000 bottles pass hourly by a panorama window. As photo motifs, there are things on route such as the popular "Zäpflebrunnen" (fountain), as well as the spring water sites which are the very source of our first-rate brewing water.


text:
Praxair Reports Record Earnings and Cash Flow for Full-Year 2013
Fourth-quarter sales of $3.0 billion, 8% above prior-year quarter; EPS $1.59; adjusted EPS of $1.55, up 12%*
Full-year sales of $11.9 billion, up 6% from 2012; EPS $5.87; adjusted EPS of $5.93, up 6%*
Record full-year operating cash flow of $2.9 billion
Completed three world-scale hydrogen plants with long-term customer supply agreements, increasing global hydrogen capacity by 40% to 1.4 billion scfd
8% dividend increase; 21st consecutive annual increase; new share repurchase program authorized for $1.5 billion
Full-year 2014 EPS guidance of $6.25 to $6.55; up 5% to 10%*
First-quarter 2014 EPS guidance of $1.48 to $1.53, up 7% to 11%*
DANBURY, Conn., January 29, 2014 -- Praxair, Inc. (NYSE: PX) reported fourth-quarter net income and diluted earnings per share of $474 million and $1.59, respectively. These results include an income tax benefit and bond redemption charge. Excluding these items, adjusted net income and diluted earnings per share were $462 million and $1.55, 12% above the prior-year quarter.*
Sales in the fourth quarter were $3,010 million, 10% above the prior-year quarter excluding currency translation effects. Organic sales increased 7% with growth across all geographic segments due primarily to energy, metals, chemicals and manufacturing markets. Acquisitions in North America and Europe contributed 3% growth in the quarter. Sales were steady sequentially from the third quarter due primarily to higher price offset by seasonally lower volumes.
Operating profit in the fourth quarter was $690 million, 12% above the prior-year quarter. The increase was driven by volume growth, higher pricing and acquisitions, partially offset by negative currency translation effects. Operating profit as a percentage of sales was a record 22.9%.
Fourth-quarter cash flow from operations was a record $964 million. Cash flow funded $516 million of capital expenditures, largely for new production plants under long-term contracts with customers, $177 million of dividends and $86 million of stock repurchases, net of issuances.
For full year 2013, reported net income was $1,755 million and reported diluted earnings per share was $5.87. On an adjusted basis, full-year net income was $1,772 million and diluted earnings per share was $5.93, 5% and 6% above the prior year, respectively.*
Full-year sales were $11,925 million, 8% above 2012, excluding negative currency translation. Growth was driven by stronger volumes, higher pricing and acquisitions. Reported operating profit was $2,625 million. Adjusted operating profit of $2,657 million was 8% above 2012, excluding negative currency translation.*
For the full year, cash flow from operations was a record $2,917 million, about 25% of sales. Capital expenditures were $2,020 million. The company invested $1,323 million in acquisitions, including the NuCO2 micro-bulk carbon dioxide business in the United States, Dominion Technology Gases and several U.S. packaged gas distributors. The company paid dividends of $708 million and repurchased $436 million of stock, net of issuances. The Debt-to-capital ratio was 54.3% and debt-to-adjusted EBITDA was 2.2x. After-tax return on capital and return on equity for the year were 12.8% and 28.6%, respectively.*
Commenting on the financial results and business outlook, Chairman, President and Chief Executive Officer Steve Angel said, "In 2013, Praxair delivered record operating cash flow of $2.9 billion that represented about 25% of sales. Sales and earnings grew 8%, excluding negative currency translation effects, in a global economy that has only shown modest recovery. Operating margin was a strong 22%. We completed three world-scale steam methane reformers for hydrogen supply to refineries under long-term contracts and quickly integrated the NuCO2 U.S. beverage carbonation business which has exceeded our expectations in all areas, including growth and operating profit.
In 2014, we expect the global economy to continue to grow at a modest pace, in-line with recent sequential trends. In Southern Europe volumes are stabilizing and with our industry-leading position in North America we remain well positioned to continue to take advantage of the attractive fundamentals for the energy, manufacturing and materials industries. In Brazil, growth should be positive, although uneven, given ongoing macroeconomic challenges. We expect strong cash flow generation to fund new projects and return cash to shareholders in the form of dividends and share repurchases."
For full year 2014, Praxair expects sales in the range of $12.3 billion to $12.8 billion. This sales guidance assumes a negative currency impact of about 3% versus 2013 based on current exchange rates. The company expects diluted earnings per share to be in the range of $6.25 to $6.55, up 5% to 10% from 2013.* Full-year capital expenditures are expected to be in the range of $1.8 billion to $2.0 billion, and the effective tax rate is forecasted to remain at about 28%.
For the first quarter of 2014, Praxair expects diluted earnings per share in the range of $1.48 to $1.53, up 7% to 11%.*
In North America, fourth-quarter sales were $1,567 million, up 11% from the prior-year quarter. Organic sales growth of 6% was driven by strong growth in the energy end market, primarily driven by hydrogen project start-ups for refinery customers. The acquisitions of NuCO2 and packaged gas distributors contributed 5% growth. Operating profit of $393 million grew 7% from the prior year primarily due to higher volumes from project start-ups, acquisitions and higher price.
In Europe, fourth-quarter sales were $404 million, 11% above the prior-year quarter. Excluding currency, sales were 7% above prior year. Acquisitions contributed 5% growth, primarily Dominion Technology Gases. Organic sales were 2% above the prior-year quarter due to higher volumes including project start-ups and higher pricing. Operating profit of $75 million increased 25% versus the prior-year quarter, with strong operating leverage from price and cost management actions.
In South America, fourth-quarter sales were $481 million, 1% below the prior-year quarter. Underlying sales, excluding negative currency translation, grew 9%, with growth in most end markets. Operating profit was $115 million versus $92 million in the prior-year quarter due primarily to improved volumes and higher pricing.
Sales in Asia were $394 million in the quarter, 5% above the prior year, driven by strong growth in on-site and merchant volumes due to project start-ups. Operating profit was $80 million as compared to $69 million in the prior year.
Praxair Surface Technologies had fourth-quarter sales of $164 million, compared to $162 million in the prior-year quarter. Sales grew 1% as favorable pricing was partially offset by weaker volumes of aviation coatings. Operating profit was $27 million.
Praxair, Inc., a Fortune 250 company with 2013 sales of $12 billion, is the largest industrial gases company in North and South America and one of the largest worldwide. The company produces, sells and distributes atmospheric, process and specialty gases, and high-performance surface coatings. Praxair products, services and technologies are making our planet more productive by bringing efficiency and environmental benefits to a wide variety of industries, including aerospace, chemicals, food and beverage, electronics, energy, healthcare, manufacturing, metals and many others. More information about Praxair, Inc. is available at www.praxair.com.
*See the attachments for calculations of non-GAAP measures. Non-GAAP adjustments for 2013 relate to the impact of the first-quarter Venezuela currency devaluation charge, third-quarter pension settlement charge and fourth-quarter income tax benefit and bond redemption charge. Non-GAAP adjustments for 2012 relate to the third-quarter cost reduction charges, a pension settlement charge and an income tax benefit.
Praxair 4Q13 Earnings Release - Tables (340KB)
Non-GAAP Reconciliations, Statements of Income, Balance Sheets, Statements of Cash Flows, Segment Information, Quarterly Financial Summary and Appendix: Non-GAAP Measures.
Praxair 4Q13 Teleconference Slides (913KB)
Teleconference presentation on Praxair's 4Q13 results.
A teleconference on Praxair's fourth-quarter results is being held this morning, January 29, at 11:00am Eastern Time. The number is (617) 399-3483 -- Passcode: 81692350. The call also is available as a web cast live and on demand at www.praxair.com/investors. Materials to be used in the teleconference are also available on the website.
This document contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on management's reasonable expectations and assumptions as of the date the statements are made but involve risks and uncertainties. These risks and uncertainties include, without limitation: the performance of stock markets generally; developments in worldwide and national economies and other international events and circumstances; changes in foreign currencies and in interest rates; the cost and availability of electric power, natural gas and other raw materials; the ability to achieve price increases to offset cost increases; catastrophic events including natural disasters, epidemics and acts of war and terrorism; the ability to attract, hire, and retain qualified personnel; the impact of changes in financial accounting standards; the impact of changes in pension plan liabilities; the impact of tax, environmental, healthcare and other legislation and government regulation in jurisdictions in which the company operates; the cost and outcomes of investigations, litigation and regulatory proceedings; continued timely development and market acceptance of new products and applications; the impact of competitive products and pricing; future financial and operating performance of major customers and industries served; the impact of information technology system failures, network disruptions and breaches in data security; and the effectiveness and speed of integrating new acquisitions into the business. These risks and uncertainties may cause actual future results or circumstances to differ materially from the projections or estimates contained in the forward-looking statements. Additionally, financial projections or estimates exclude the impact of special items which the company believes are not indicative of ongoing business performance. The company assumes no obligation to update or provide revisions to any forward-looking statement in response to changing circumstances. The above listed risks and uncertainties are further described in Item 1A (Risk Factors) in the company's Form 10-K and 10-Q reports filed with the SEC which should be reviewed carefully. Please consider the company's forward-looking statements in light of those risks.
Kelcey Hoyt
Email: kelcey_hoyt@praxair.com


VP Finance Louis Retief is proposing a new investment strategy for the AMS which could result in an increase of an estimated $500,000 in yearly returns that the AMS could spend. First, the question needs to be approved by students in the form of a referendum question.
The AMS's bylaws currently mandate that their $16.8 million reserve fund is placed in fixed income investments. This change in strategy would amend the bylaws to allow for a 70 per cent fixed income and 30 per cent equities investment. Essentially, this means that the AMS will be able to change its bylaws to allow it to use some of its money to invest in more risky (but also greater return) mechanisms, instead of bonds that give a relatively low and stagnant return.
With this change, the returns that the AMS gets on its investments are predicted to move from an average of one to two per cent, to an increased five to six per cent which would amount to an additional $500,000 in investment returns each year.
The AMS's $16.8 million reserve fund is made up of money that comes from separate student fees slotted for a specific purpose. So the AMS can't spend the $4.5 million health and dental reserve, one of the components that makes up the $16.8 million, even though it is leftover money that hasn't had to be used to fill student insurance claims. This leaves the lump sum of slowly increasing money in a permanent limbo of sorts. However, the AMS is able to spend money from the returns made by investing this reserve fund. This extra money would go into the AMS's operating budget, and could be put towards "whatever the student body wants us to [do]," according to Retief.
"It's going to get the AMS out of that financial trouble it's been in for the last few years running deficits. This might even potentially allow us to run a surplus," said Retief.
Another subset of the $16.8 million is the AMS's $2.1 million endowment fund. Any investment return on the endowment specifically is to go back into it, according to bylaw — causing the endowment to grow faster if this change is approved.
The $4.20 fee that the AMS tried to pass last year at referendum — which failed — would have resulted in only an extra $205,800 for the AMS to spend.
Since the advent of his term, which began just after that referendum response, Retief has been trying to come up with the best plan for one of his initial goals to restructure the AMS fees. In contrast to what the $4.20 additional fee would have added to the AMS budget, said Retief, "This simple change of charging students no more money will not only double that, but probably more." He sees this as a solution that will also prove better in coming years.
While Retief notes that the absence of fee increases can't be promised in the long term, this new strategy will replace the AMS's financial need to pose referendums to increase fees.
The referendum proposal will be presented at Council this Wednesday, to be approved as an official question. To pass, the referendum question needs to reach an eight per cent quorum of "yes" votes from eligible students, and a majority over "no" votes.


text:
It's Back to Schools for Candidates
By Richard Fausset and Patrick McGreevy
Times Staff Writers
Los Angeles Mayor James K. Hahn traded jabs with City Councilman Antonio Villaraigosa during a mayoral forum in Koreatown on Tuesday night, with each accusing the other of failed leadership on issues from public safety to school reform.
Although many questions addressed issues important to the Korean community, Hahn used the joint appearance to attack Villaraigosa for initially opposing gang injunctions and accuse him of not doing enough to help L.A. schools as a state assemblyman.
"There is a real choice in this election: the difference between results and rhetoric," Hahn said during the hourlong event hosted by the Korean American Political Empowerment Movement, a coalition of political and community organizations.
Villaraigosa said he would deliver 1,000 more police officers, noting that Hahn failed to fulfill a similar promise he made during the 2001 campaign. And he accused Hahn of distorting his record in Sacramento.
"We need a leader who can measure up, not someone who will stoop so low to the ground that all he could do is throw mud as if he was some kind of kid on a playground," Villaraigosa told the audience of 100 at the Wilshire Radisson Hotel.
Villaraigosa on Tuesday launched the mayoral runoff's first television advertising, a spot that questions Hahn's record on education.
In addition, sources familiar with Villaraigosa's campaign said Massachusetts Sen. John Kerry, the Democratic candidate for president last year, would be in Los Angeles on Saturday to endorse his former national campaign co-chairman.
The campaign announced an endorsement rally with a "national political figure," but declined to comment further.
Kerry's endorsement would show Los Angeles voters that the councilman is a figure of "national status," said Richard Lichtenstein, a campaign consultant not involved in the race.
The Koreatown event, the last scheduled mayoral forum, almost didn't happen. After initially agreeing months ago to appear, Villaraigosa subsequently declined to participate.
His refusal, however, turned into a liability after it became an issue in the Korean-language media.
At a few points Tuesday night, the moderator had to urge the candidates not to attack each other.
Villaraigosa told the audience he supports "inclusionary" zoning, a policy that would require a percentage of all new housing to be affordable. But he said he does not support an ordinance pending in the City Council because it is not flexible enough.
Hahn said he opposes the proposal because it would prompt contractors to build housing in cities without such restrictions.
When Hahn said Villaraigosa's answer was not clear, Villaraigosa retorted, "I think they asked you what your position was." To which Hahn replied, "I didn't interrupt you, Mr. Villaraigosa."
With the May 17 runoff election three weeks away, the rhetoric from the campaigns has become increasingly acerbic.
Earlier Tuesday, Hahn took a swipe at Villaraigosa's record on consumer protection, highlighting the former assemblyman's support for a 1996 bill that he charged allowed for the proliferation of "payday loan" companies that charge steep interest rates in working-class neighborhoods.
Villaraigosa was on the defensive over the bill, which allowed check-cashing companies to provide advance money to customers at high interest rates. Supporters say the companies help Californians who lack access to traditional lenders, but critics compare the companies to loan sharks.
Speaking at a news conference at his Wilshire Boulevard campaign headquarters, Hahn said the bill has allowed more than 250 payday loan companies in Los Angeles. The mayor called the industry "one of the worst blights on our community."
Hahn contrasted his work as a former city attorney "fighting against people who are engaged in rip-offs" with Villaraigosa's vote for the bill.
"That's not the kind of leadership we need in a mayor," he said. "We expect someone who will stand up for the little guy, stand up for the person who's going to be victimized, and not stand up for the businesses that are up there victimizing."
A spokesman for Villaraigosa said the bill imposed additional regulations on the payday loan industry, which had grown without many restrictions.
The bill limited the number of consecutive loans a firm could make to the same person and set civil penalties for violators, said spokesman Nathan James.
Hahn said he would ask the city planning director to prepare an ordinance that would restrict the number and operation of payday loan companies as "nuisance activities."
Villaraigosa said he could not comment on the ordinance without first reviewing it, but he noted that consumer groups have supported him based on his voting record.
"I had a great record in the six years I was in the state Assembly with consumer rights bills," Villaraigosa said. "Jim Hahn is taking another bill out of context."
Villaraigosa's 30-second TV commercial highlights his efforts to improve the Los Angeles school system and charges that Hahn has been "on the sidelines."
The advertisement is part of what one campaign official described as a "significant" buy that will keep Villaraigosa ads on broadcast television until the election. The ad is running on all English-language broadcast stations in Los Angeles, said James.
Featuring scenes of Villaraigosa with his family, a teacher who was a mentor and in a classroom, the ad begins with a narrator saying: "For 20 years, his wife Corina has been a teacher, helping shape young lives. His own life was changed by one caring teacher who paid for him to take his college entrance exams. He knows what a good education can mean."
The ad cuts to Villaraigosa, who says: "For four years now, my opponent sat on the sidelines. But education is so important, a mayor has to get involved. I'll work for smaller classes, expanded pre-school and more parental involvement."
The ad concludes with the narrator saying: "Antonio Villaraigosa, endorsed by classroom teachers, hands-on leadership, straight from the heart."
Hahn countered the criticism Tuesday, citing expansion of after-school programs, enhanced cooperation between the city and school district on sites for new schools, and efforts to protect children from violence on their way to school.
"I have been involved in the trenches on education," Hahn said. "Mr. Villaraigosa has had two years on the City Council. He's failed to show any leadership on any issue, let alone education."
Although the City Charter does not give the mayor direct power over Los Angeles schools, both Villaraigosa and Hahn have seized on education as an issue and have said the mayor should have some control over the Los Angeles Unified School District.
San Fernando Valley political strategist Garrett Biggs said he isn't surprised that Villaraigosa's first ad would be on education. "It's a huge concern, and if you talk about it you get points from the voters," he said.
What is surprising to Biggs is that Hahn, who was 18 points behind in a recent Times poll, has not hit the airwaves yet.
"Hahn can't wait any longer," Biggs said. "People are already voting by absentee."
Hahn said his campaign would roll out new TV ads "when we think that voters are going to be paying the most attention."
The mayor, however, might not have the money to run ads from now until the election, some observers said.
As required of the candidates, Villaraigosa disclosed April 19 that he had reached the initial fundraising threshold of $1.8 million. Hahn has yet to give notice that he has raised that amount.


Are you developing Type 2 Diabetes?
Diabetes is one of the most common problems in the Uk and Ireland today. Currently, the number of people diagnosed with diabetes in the UK is estimated to be 3.5 million. ... This represents 6% of the UK population or 1 in every 16 people having diabetes (diagnosed and undiagnosed).
The Western Diet continues to promote blood sugar disorders and will for decades to come. Some have predicted that the diabetic explosion will bankrupt the national health system. Diabetes is on the rise and is the leading cause of blindness, amputations, kidney failure, and neuropathy. Diabetes is a growing problem in industrialized countries, primarily due to a lack of lifestyle education and physical activity, as well as the consumption of high-calorie, low-nutrient, processed foods.
Diabetes disrupts all aspects of human physiology. It increases the risk of cardiovascular disease, cancer, cognitive decline, and virtually every other disease. There are different categories of blood sugar handling issues: reactive hypoglycemia (low blood sugar, below 60) and hyperglycemia (high blood sugar, above 100). Contrary to popular belief diabetes is not a blood sugar issue, it is 100% of the time an insulin issue. High blood sugar is a symptom of insulin resistance or a lack of insulin production.
Diabetes is classified as either type 1 or type 2, and both result in high blood sugar. In type 1 diabetes a person has lost the ability to make insulin because their pancreas is being destroyed by either their own immune system or a virus. A type 2 diabetic eventually loses the ability to make insulin due to poor lifestyle choices, specifically diet.
Unfortunately most people have absolutely no idea just how serious and debilitating Diabetes can be. It is assumed that if you take your insulin medication correctly that you will be ok…nothing could be further from the truth! Diabetes can lead on to horrible debilitating and disabling, and sometimes fatal complications such as blindness, amputation of limbs due to gangrene, heart failure and heart attack, liver disease, kidney failure, Alzheimer's and many more.
Statistics such as this point to two very important facts. First, it tells us that diabetes cannot be primarily caused by genetics, and secondly, it literally screams that something we're doing, consistently and en masse, is horribly wrong, and we need to address it.
Insulin is a hormone that is produced by the beta cells of the pancreas. These cells are scattered throughout the pancreas in small clusters known as the islets of Langerhans. The insulin produced is released into the blood stream and travels throughout the body. Insulin is an essential hormone that has many actions within the body. Most actions of insulin are directed at metabolism (control) of carbohydrates (sugars and starches), lipids (fats), and proteins. Insulin also regulates the functions of the body's cells, including their growth. Insulin is critical for the body's use of glucose as energy.
Before a person becomes a diabetic, they go through a stage called insulin resistance. This means that their cells require more insulin than usual to force that sugar into the cells. This problem is promoted by lifestyle factors such as physical inactivity, overeating, high sugar and high starch snacks and meals, and a lack of fiber. People in the insulin resistance stage usually complain of getting tired after meals, cravings for sweets, and trouble losing weight. When the insulin receptor becomes over-saturated (due to inflammation or insulin resistance) sugar cannot get into the cells. This excess sugar is converted into circulating fats called triglycerides. This process demands a lot of energy, resulting in fatigue after a meal. High triglycerides on a blood test are one of the first signs of insulin resistance and seen before diabetes is full blown.
Insulin resistance ALWAYS comes before diabetes is officially diagnosed. A person may be severely insulin resistant and still present with normal blood sugars. This high demand of insulin results in pancreatic burn-out, ultimately resulting in insulin dependence (medication). High circulating insulin does not only affect blood sugar; remember, insulin is at the root of virtually all chronic disease and therefore affects various other systems in the body. This is why diabetes is so much more than blood sugars.
2. The cells become over stimulated with insulin and stop "listening" to the signal. (insulin resistance) This is in the same way as our nose gets fatigued when we are testing perfumes…we eventually cannot smell any perfume. As a result, higher levels of insulin are needed in order to have the correct effect. So the pancreas compromises by attempting to produce ever higher levels of insulin, swamping the cell wall still further causing more resistance.
3. Insulin then drives the blood sugar out of the blood, turning it into fat, and weight is gained, especially on the belly. This leads to low blood sugar (hypoglycaemia) They will also feel exhausted, especially shortly after eating a high carbohydrate or sugary meal.
4. With insulin resistance, the pancreas produces more and more insulin until the pancreas becomes exhausted and can no longer produce sufficient insulin for the body's demands. The result is that blood sugar starts to rise.
6. Eventually the over worked Pancreas cells get warn out, and stop producing enough insulin, leading to a permanently high blood sugar (hyperglycaemia) which we call Type 2 diabetes.
7. A high blood sugar (hyperglycaemia) changes our blood Ph. and makes it a little too acidic. This leads to internal environments which causes pathology in our organs and tissues, but also will promote the growth of pathogenic yeasts…Candida. Yeasts depend on sugar. In order to keep the blood sugar levels up yeasts produce alcohol this has a blood sugar elevating effect. Once the blood sugar begins to fall, the body starts to crave sugar again and the cycle continues. In every case of diabetes or suspected insulin resistance I have tested, Candida has been present!
8. Prescribing insulin therapy actually tells the Pancreas it does not need to produce insulin anymore, so it stops. You are now dependent on an artificial drug which has serious side effects, to keep your blood sugar down, while you continue to eat sugar forming carbohydrates. Your body remains too acidic, and your organs degenerate.
9. Unfortunately all Type 2 diabetics treated this way are much more likely to die prematurely, having suffered years of complications such as heart disease, Alzheimer's, blindness, gangrene, liver disease, and kidney failure.
• Aggressiveness, short fuse and anger outbursts.
In every case of Hypoglycaemia there is an underlying cause…something individual to each person. If at one time you didn't have these symptoms and now you do, obviously something has changed within your body which has led to Hypoglycaemia being produced. The key is to unlock your root cause, and healing it. is Hypoglycaemia merely a symptom of the underlying cause. To heal Hypoglycaemia we need to address the root cause. In this centre we specialize in root cause diagnosis of any health condition using our state of the art Meta Health Scan.
How to positively effect the healing of hypoglycaemia and diabetes.


text:
Say goodbye to the lawsuit challenging the Hill fix
Nicholas Bagley
The Seventh Circuit yesterday released an opinion dismissing a lawsuit, brought by Senator Ron Johnson and his legislative counsel, challenging yet another aspect of the Affordable Care Act's implementation. Good riddance, I say.
The case involves an ACA requirement that members of Congress and their staff secure health coverage through one of the new exchanges. To implement that provision, the Obama administration decided that members and their staff—most of whom don't make a ton of money—would be eligible for subsidies to help defray the cost of new exchange plans. The federal rule implementing that decision has become known as the "Hill fix." Senator Johnson and his counsel think it's unlawful. (I don't.)
I was skeptical of the lawsuit from the moment it was filed. The most pressing problem was standing: how could Johnson and his counsel claim to be injured by a federal rule that offered subsidies to them? "Getting a windfall from Uncle Sam," I wrote at the time, "isn't exactly an injury."
That's basically what the Seventh Circuit held. Johnson and his counsel advanced three arguments in support of their standing, none of which the court found persuasive. First, the plaintiffs said that they didn't want to shoulder the administrative burden of separating those staffers who had to go on the exchange from those who, under the ACA, could retain their employer-sponsored coverage. But the Seventh Circuit rightly held that, "even if the Rule does place an administrative burden on plaintiffs, that does not give them standing to challenge the aspects of the Rule that they allege are illegal, which are unrelated to the imposition of an administrative burden."
Second, Johnson argued that the rule violated his right, under the ACA, to be treated the same as his constituents. The Seventh Circuit couldn't quite make head or tail of this argument: the plaintiffs "do not make clear which groups are to be treated equally or what 'equal treatment' would even mean in this context." At any rate, the court reasoned, the ACA doesn't create any right to equal treatment. To contrary, the statute treats members of Congress as a distinct and unusual group, cutting hard into the view that they have a right to complete equality with anyone.
Third, Johnson said he will suffer reputational and electoral harms arising from the "special treatment" that his constituents see him getting. It's a peculiar claim: the whole point of requiring members of Congress to go on the exchanges was to avoid claims of unfair treatment. In any event, the Seventh Circuit found this alleged injury too ephemeral to support standing. "Respectfully, we do not see how Senator Johnson's reputation could be sullied or his electability diminished by being offered, against his will, a benefit that he then decided to refuse."
Nothing in the Seventh Circuit's analysis should come as a surprise; indeed, the decision closely tracks arguments I offered last year. There's one interesting wrinkle, however. The D.C. Circuit, in a 1994 case involving Representative John Boehner, upheld standing on a reputational-electoral theory similar to the one that Johnson has advanced in this lawsuit. Although the Seventh Circuit tried to distinguish the D.C. Circuit decision, it also noted explicitly that it was "parting from the D.C. Circuit's analysis in Boehner."
Arguably, then, the Seventh Circuit's decision creates a very minor circuit split on a narrow question involving the standing of members of Congress. That shallow split is not, in my judgment, substantial enough to warrant Supreme Court review. When it comes to the ACA, though, all bets are off.
@nicholas_bagley
Health Policy, Law
Affordable Care Act, Congress, health insurance
Nicholas Bagley is a professor at University of Michigan Law School, where he teaches and writes in the areas of administrative law, regulatory theory, and health law. Prior to joining the Law School faculty in 2010, he was an attorney with the appellate staff in the Civil Division at the U.S. Department of Justice, where he argued a dozen cases before the U.S. Courts of Appeals and acted as lead counsel in many more.


text:
Police and 'riot van' descend on Retford housing estate as three men and a boy arrested
Police have released a statement
Ashley Franklin
Police were spotted in St Giles Close this morning, October 4
Police officers werescrambled to a housing estate in Retford and arrested four people on suspicion of burglary.
A police car and a riot van were seen on St Giles Close just after 9am this morning, Thursday, October 4, according to an eyewitness.
The woman, who lives in the area but didn't want to be named, was out walking her dog at the time and said another dog-walker had witnesses seeing a man being taken away by police.
She said she saw a police car as well as riot vans.
Nottinghamshire Police have revealed that their presence was a part of an investigation into more tham 30 reported burglaries in Retford town centre between June and September.
Council and police apologise to victims of child sexual abuse during major inquiry
The force has confirmed that two 25-year-old men, a 19-year-old man and a 16-year-old boy have been arrested on suspicion of burglary.
Police have also said that stolen property was recovered from two addresses in the Retford area – but did not disclose whether one of these was in St Giles Close.
An appeal is being made for anyone with more information to come forward.
An appeal from Nottinghamshire Police reads: "If anyone has any information relating to the burglaries in the area, please call us on 101, or Crimestoppers anonymously on 0800 555 111."
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*Kendrick Lamar's "Compton" spends its third week in first. The former runner-up, Ludacris' "Representin'," drops to fourth, while Joe Budden's "She Don't Put It Down Like You" rises from third to claim second.
*Up from our Rap Chart, Young Jeezy's "Get Right," Kanye West's "White Dress," Tyga's "Switch Lanes" and Kendrick Lamar's "Backseat Freestyle" claim third, 12th and 17th.
*R&B Chart graduates from Miguel ("Do You...") and Mario ("KILLA") claim 14th and 16th.


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