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Recently, introduction of touch panel systems to various kinds of electronic devices has been growing rapidly. For example, the touch panel systems are introduced to portable information devices such as smartphones and automatic vending machines such as automatic ticket machines.
The touch panel system is typically configured to include (i) a display device and (ii) a touch panel stacked on an upper side (front surface) of the display device. Therefore, a sensor provided on the touch panel is likely to be affected not only by a noise such as a clock generated in the display device but also by other noises coming from the outside. Such the noises lead to impairment in detection sensitivity for a touch operation.
Patent Literature 1 describes a touch panel system (coordinates input device) including a countermeasure against such noises. The touch panel system of Patent Literature 1 includes a noise processing section for removing a noise. FIG. 19 is a block diagram illustrating a noise processing section 100 included in the touch panel system of Patent Literature 1. As shown in FIG. 19, the noise processing section 100 includes a filter section 101, a logical inversion section 102, and an adding section 103. The filter section 101 receives an output signal (analog signal) from a sensor provided in a touch panel (not illustrated). The filter section 101 extracts, as a noise signal, an AC signal component included in the input signal. The logical inversion section 102 inverts by 180° the phase of the noise signal thus extracted. The adding section 103 adds, to the input signal which is supplied to the filter section 101 and which includes the noise signal, the noise signal whose phase has been inverted by 180°.
Thus, according to the touch panel system of Patent Literature 1, the noise signal extracted by the filter section 101 is inverted, and the signal thus inverted is added to the input signal (analog signal) supplied from the sensor. Namely, to the noise component included in the input signal supplied from the sensor, such a signal is added which has the same level as the noise component and whose phase has been inverted. This cancels the noise superimposed on the input signal supplied from the sensor. This makes it possible to reduce effects given by the noise included in the input signal supplied from the sensor.
Meanwhile, currently, introduction of a touch panel system into various kinds of electronic device including portable information devices such as smartphones and automatic vending machines such as automatic ticket vending machines is rapidly progressing.
In such electronic devices, there is a demand for a technique for preventing an incorrect operation caused by an unintended contact of an object with a touch panel.
For example, in a case where a user operates such an electronic device while carrying it in a user's hand, contact of the hand holding the electronic device with a touch panel is judged as a touch on the touch panel. Based on this judgment, an incorrect operation would occur in the electronic device. The incorrect operation caused by such a mechanism is expected to occur in a case where the electronic device is a portable apparatus such as a smartphone, a tablet-type terminal, notebook computer, or the like. This reduces convenience of a user.
FIG. 36 is a diagram explaining this mechanism. As illustrated in FIG. 36, when a hand (object) 73 holding a tablet-type terminal 71 makes contact with a touch panel 72 of the tablet-type terminal 71, the contact is judged as a touch on the touch panel 72. This reduces convenience of a user as mentioned above.
The problem of an incorrect operation caused by such a mechanism is expected to more frequently occur as a width of a frame with respect to a display screen in which a touch panel is provided becomes narrower.
Patent Literature 2 discloses a technique for preventing an incorrect operation of continuously detecting a specific coordinate position although no touch is made to a touch panel.
According to an input device disclosed in Patent Literature 2, in a case where detection of a specific coordinate position continues for a predetermined period of time, it is determined whether or not a difference between a detection value based on a change of an electrostatic field between electrodes and a reference value falls in a predetermined update detection range. In a case where the difference falls in the predetermined update detection range, the reference value is updated to the detection value. Note that the reference value is a value which serves as a standard by which presence or absence of a touch is judged based on the detection value. In a case where the detection value in a specific coordinate position is not less than the reference value or in a case where the detection value in a specific coordinate position is above the reference value, it is determined that a touch has been made to the coordinate position.
In this way, according to the input device disclosed in Patent Literature 2, it is possible to prevent an incorrect operation of continuously detecting a specific coordinate position although no touch is made to a touch panel. Moreover, sensitivity of detection may be improved by detecting presence or absence of a touch on the basis of the updated reference value. |
There are fears that a UN helicopter has been shot down over South Sudan
A rebel commander shot down a UN helicopter in rural South Sudan, said a government spokesman.
The UN has confirmed the crash of one of its helicopters and said it was investigating the cause.
The UN mission said on Twitter that an Mi-8 cargo helicopter crashed near Bentiu, which is hotly contested between the government and rebel fighters.
The UN said it is deeply concerned about the fate of its crew. A search and rescue team has been sent to the crash site, it said.
Contact with the helicopter was lost at about 3:19pm local time and it was apparently shot down near Bentiu, said a UN official.
A South Sudan government spokesman blamed the rebels for shooting down the helicopter. Rebel commander Peter Gadet was responsible for shooting down the helicopter with a rocket-propelled grenade, said Akol Ayom Wek, the press secretary for the governor of Northern Bahr el-Ghazal state, a region loyal to President Salva Kiir.
The UN search and rescue team found three dead at the crash site, said Mr Wek. One person survived, he said. The UN had not yet confirmed any deaths or the number of people on board the helicopter.
Gadet warned the UN last week that he would shoot down any UN planes that flew over his territory, said Mr Wek.
South Sudan has seen widespread violence between rebels and the national army since December.
Online Editors |
Selective Conversion of Carbon Dioxide to Formaldehyde via a Bis(silyl)acetal: Incorporation of Isotopically Labeled C1 Moieties Derived from Carbon Dioxide into Organic Molecules.
The conversion of carbon dioxide to formaldehyde is a transformation that is of considerable significance in view of the fact that formaldehyde is a widely used chemical, but this conversion is challenging because CO2 is resistant to chemical transformations. Therefore, we report here that formaldehyde can be readily obtained from CO2 at room temperature via the bis(silyl)acetal, H2C(OSiPh3)2. Specifically, formaldehyde is released from H2C(OSiPh3)2 upon treatment with CsF at room temperature. H2C(OSiPh3)2 thus serves as a formaldehyde surrogate and provides a means to incorporate CHx (x = 1 or 2) moieties into organic molecules. Isotopologues of H2C(OSiPh3)2 may also be synthesized, thereby providing a convenient means to use CO2 as a source of isotopic labels in organic molecules. |
/*
*
*
* Copyright (C) 2005 Mike Isely <[email protected]>
*
* This program is free software; you can redistribute it and/or modify
* it under the terms of the GNU General Public License as published by
* the Free Software Foundation; either version 2 of the License
*
* This program is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty of
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
* GNU General Public License for more details.
*
*/
#include "pvrusb2-io.h"
#include "pvrusb2-debug.h"
#include <linux/errno.h>
#include <linux/string.h>
#include <linux/slab.h>
#include <linux/mutex.h>
static const char *pvr2_buffer_state_decode(enum pvr2_buffer_state);
#define BUFFER_SIG 0x47653271
// #define SANITY_CHECK_BUFFERS
#ifdef SANITY_CHECK_BUFFERS
#define BUFFER_CHECK(bp) do { \
if ((bp)->signature != BUFFER_SIG) { \
pvr2_trace(PVR2_TRACE_ERROR_LEGS, \
"Buffer %p is bad at %s:%d", \
(bp), __FILE__, __LINE__); \
pvr2_buffer_describe(bp, "BadSig"); \
BUG(); \
} \
} while (0)
#else
#define BUFFER_CHECK(bp) do {} while (0)
#endif
struct pvr2_stream {
/* Buffers queued for reading */
struct list_head queued_list;
unsigned int q_count;
unsigned int q_bcount;
/* Buffers with retrieved data */
struct list_head ready_list;
unsigned int r_count;
unsigned int r_bcount;
/* Buffers available for use */
struct list_head idle_list;
unsigned int i_count;
unsigned int i_bcount;
/* Pointers to all buffers */
struct pvr2_buffer **buffers;
/* Array size of buffers */
unsigned int buffer_slot_count;
/* Total buffers actually in circulation */
unsigned int buffer_total_count;
/* Designed number of buffers to be in circulation */
unsigned int buffer_target_count;
/* Executed when ready list become non-empty */
pvr2_stream_callback callback_func;
void *callback_data;
/* Context for transfer endpoint */
struct usb_device *dev;
int endpoint;
/* Overhead for mutex enforcement */
spinlock_t list_lock;
struct mutex mutex;
/* Tracking state for tolerating errors */
unsigned int fail_count;
unsigned int fail_tolerance;
unsigned int buffers_processed;
unsigned int buffers_failed;
unsigned int bytes_processed;
};
struct pvr2_buffer {
int id;
int signature;
enum pvr2_buffer_state state;
void *ptr; /* Pointer to storage area */
unsigned int max_count; /* Size of storage area */
unsigned int used_count; /* Amount of valid data in storage area */
int status; /* Transfer result status */
struct pvr2_stream *stream;
struct list_head list_overhead;
struct urb *purb;
};
static const char *pvr2_buffer_state_decode(enum pvr2_buffer_state st)
{
switch (st) {
case pvr2_buffer_state_none: return "none";
case pvr2_buffer_state_idle: return "idle";
case pvr2_buffer_state_queued: return "queued";
case pvr2_buffer_state_ready: return "ready";
}
return "unknown";
}
#ifdef SANITY_CHECK_BUFFERS
static void pvr2_buffer_describe(struct pvr2_buffer *bp, const char *msg)
{
pvr2_trace(PVR2_TRACE_INFO,
"buffer%s%s %p state=%s id=%d status=%d stream=%p purb=%p sig=0x%x",
(msg ? " " : ""),
(msg ? msg : ""),
bp,
(bp ? pvr2_buffer_state_decode(bp->state) : "(invalid)"),
(bp ? bp->id : 0),
(bp ? bp->status : 0),
(bp ? bp->stream : NULL),
(bp ? bp->purb : NULL),
(bp ? bp->signature : 0));
}
#endif /* SANITY_CHECK_BUFFERS */
static void pvr2_buffer_remove(struct pvr2_buffer *bp)
{
unsigned int *cnt;
unsigned int *bcnt;
unsigned int ccnt;
struct pvr2_stream *sp = bp->stream;
switch (bp->state) {
case pvr2_buffer_state_idle:
cnt = &sp->i_count;
bcnt = &sp->i_bcount;
ccnt = bp->max_count;
break;
case pvr2_buffer_state_queued:
cnt = &sp->q_count;
bcnt = &sp->q_bcount;
ccnt = bp->max_count;
break;
case pvr2_buffer_state_ready:
cnt = &sp->r_count;
bcnt = &sp->r_bcount;
ccnt = bp->used_count;
break;
default:
return;
}
list_del_init(&bp->list_overhead);
(*cnt)--;
(*bcnt) -= ccnt;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferPool %8s dec cap=%07d cnt=%02d",
pvr2_buffer_state_decode(bp->state), *bcnt, *cnt);
bp->state = pvr2_buffer_state_none;
}
static void pvr2_buffer_set_none(struct pvr2_buffer *bp)
{
unsigned long irq_flags;
struct pvr2_stream *sp;
BUFFER_CHECK(bp);
sp = bp->stream;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferState %p %6s --> %6s",
bp,
pvr2_buffer_state_decode(bp->state),
pvr2_buffer_state_decode(pvr2_buffer_state_none));
spin_lock_irqsave(&sp->list_lock, irq_flags);
pvr2_buffer_remove(bp);
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
}
static int pvr2_buffer_set_ready(struct pvr2_buffer *bp)
{
int fl;
unsigned long irq_flags;
struct pvr2_stream *sp;
BUFFER_CHECK(bp);
sp = bp->stream;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferState %p %6s --> %6s",
bp,
pvr2_buffer_state_decode(bp->state),
pvr2_buffer_state_decode(pvr2_buffer_state_ready));
spin_lock_irqsave(&sp->list_lock, irq_flags);
fl = (sp->r_count == 0);
pvr2_buffer_remove(bp);
list_add_tail(&bp->list_overhead, &sp->ready_list);
bp->state = pvr2_buffer_state_ready;
(sp->r_count)++;
sp->r_bcount += bp->used_count;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferPool %8s inc cap=%07d cnt=%02d",
pvr2_buffer_state_decode(bp->state),
sp->r_bcount, sp->r_count);
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
return fl;
}
static void pvr2_buffer_set_idle(struct pvr2_buffer *bp)
{
unsigned long irq_flags;
struct pvr2_stream *sp;
BUFFER_CHECK(bp);
sp = bp->stream;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferState %p %6s --> %6s",
bp,
pvr2_buffer_state_decode(bp->state),
pvr2_buffer_state_decode(pvr2_buffer_state_idle));
spin_lock_irqsave(&sp->list_lock, irq_flags);
pvr2_buffer_remove(bp);
list_add_tail(&bp->list_overhead, &sp->idle_list);
bp->state = pvr2_buffer_state_idle;
(sp->i_count)++;
sp->i_bcount += bp->max_count;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferPool %8s inc cap=%07d cnt=%02d",
pvr2_buffer_state_decode(bp->state),
sp->i_bcount, sp->i_count);
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
}
static void pvr2_buffer_set_queued(struct pvr2_buffer *bp)
{
unsigned long irq_flags;
struct pvr2_stream *sp;
BUFFER_CHECK(bp);
sp = bp->stream;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferState %p %6s --> %6s",
bp,
pvr2_buffer_state_decode(bp->state),
pvr2_buffer_state_decode(pvr2_buffer_state_queued));
spin_lock_irqsave(&sp->list_lock, irq_flags);
pvr2_buffer_remove(bp);
list_add_tail(&bp->list_overhead, &sp->queued_list);
bp->state = pvr2_buffer_state_queued;
(sp->q_count)++;
sp->q_bcount += bp->max_count;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferPool %8s inc cap=%07d cnt=%02d",
pvr2_buffer_state_decode(bp->state),
sp->q_bcount, sp->q_count);
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
}
static void pvr2_buffer_wipe(struct pvr2_buffer *bp)
{
if (bp->state == pvr2_buffer_state_queued) {
usb_kill_urb(bp->purb);
}
}
static int pvr2_buffer_init(struct pvr2_buffer *bp,
struct pvr2_stream *sp,
unsigned int id)
{
memset(bp, 0, sizeof(*bp));
bp->signature = BUFFER_SIG;
bp->id = id;
pvr2_trace(PVR2_TRACE_BUF_POOL,
"/*---TRACE_FLOW---*/ bufferInit %p stream=%p", bp, sp);
bp->stream = sp;
bp->state = pvr2_buffer_state_none;
INIT_LIST_HEAD(&bp->list_overhead);
bp->purb = usb_alloc_urb(0, GFP_KERNEL);
if (! bp->purb) return -ENOMEM;
#ifdef SANITY_CHECK_BUFFERS
pvr2_buffer_describe(bp, "create");
#endif
return 0;
}
static void pvr2_buffer_done(struct pvr2_buffer *bp)
{
#ifdef SANITY_CHECK_BUFFERS
pvr2_buffer_describe(bp, "delete");
#endif
pvr2_buffer_wipe(bp);
pvr2_buffer_set_none(bp);
bp->signature = 0;
bp->stream = NULL;
usb_free_urb(bp->purb);
pvr2_trace(PVR2_TRACE_BUF_POOL, "/*---TRACE_FLOW---*/ bufferDone %p",
bp);
}
static int pvr2_stream_buffer_count(struct pvr2_stream *sp, unsigned int cnt)
{
int ret;
unsigned int scnt;
/* Allocate buffers pointer array in multiples of 32 entries */
if (cnt == sp->buffer_total_count) return 0;
pvr2_trace(PVR2_TRACE_BUF_POOL,
"/*---TRACE_FLOW---*/ poolResize stream=%p cur=%d adj=%+d",
sp,
sp->buffer_total_count,
cnt-sp->buffer_total_count);
scnt = cnt & ~0x1f;
if (cnt > scnt) scnt += 0x20;
if (cnt > sp->buffer_total_count) {
if (scnt > sp->buffer_slot_count) {
struct pvr2_buffer **nb;
nb = kmalloc_array(scnt, sizeof(*nb), GFP_KERNEL);
if (!nb) return -ENOMEM;
if (sp->buffer_slot_count) {
memcpy(nb, sp->buffers,
sp->buffer_slot_count * sizeof(*nb));
kfree(sp->buffers);
}
sp->buffers = nb;
sp->buffer_slot_count = scnt;
}
while (sp->buffer_total_count < cnt) {
struct pvr2_buffer *bp;
bp = kmalloc(sizeof(*bp), GFP_KERNEL);
if (!bp) return -ENOMEM;
ret = pvr2_buffer_init(bp, sp, sp->buffer_total_count);
if (ret) {
kfree(bp);
return -ENOMEM;
}
sp->buffers[sp->buffer_total_count] = bp;
(sp->buffer_total_count)++;
pvr2_buffer_set_idle(bp);
}
} else {
while (sp->buffer_total_count > cnt) {
struct pvr2_buffer *bp;
bp = sp->buffers[sp->buffer_total_count - 1];
/* Paranoia */
sp->buffers[sp->buffer_total_count - 1] = NULL;
(sp->buffer_total_count)--;
pvr2_buffer_done(bp);
kfree(bp);
}
if (scnt < sp->buffer_slot_count) {
struct pvr2_buffer **nb = NULL;
if (scnt) {
nb = kmemdup(sp->buffers, scnt * sizeof(*nb),
GFP_KERNEL);
if (!nb) return -ENOMEM;
}
kfree(sp->buffers);
sp->buffers = nb;
sp->buffer_slot_count = scnt;
}
}
return 0;
}
static int pvr2_stream_achieve_buffer_count(struct pvr2_stream *sp)
{
struct pvr2_buffer *bp;
unsigned int cnt;
if (sp->buffer_total_count == sp->buffer_target_count) return 0;
pvr2_trace(PVR2_TRACE_BUF_POOL,
"/*---TRACE_FLOW---*/ poolCheck stream=%p cur=%d tgt=%d",
sp, sp->buffer_total_count, sp->buffer_target_count);
if (sp->buffer_total_count < sp->buffer_target_count) {
return pvr2_stream_buffer_count(sp, sp->buffer_target_count);
}
cnt = 0;
while ((sp->buffer_total_count - cnt) > sp->buffer_target_count) {
bp = sp->buffers[sp->buffer_total_count - (cnt + 1)];
if (bp->state != pvr2_buffer_state_idle) break;
cnt++;
}
if (cnt) {
pvr2_stream_buffer_count(sp, sp->buffer_total_count - cnt);
}
return 0;
}
static void pvr2_stream_internal_flush(struct pvr2_stream *sp)
{
struct list_head *lp;
struct pvr2_buffer *bp1;
while ((lp = sp->queued_list.next) != &sp->queued_list) {
bp1 = list_entry(lp, struct pvr2_buffer, list_overhead);
pvr2_buffer_wipe(bp1);
/* At this point, we should be guaranteed that no
completion callback may happen on this buffer. But it's
possible that it might have completed after we noticed
it but before we wiped it. So double check its status
here first. */
if (bp1->state != pvr2_buffer_state_queued) continue;
pvr2_buffer_set_idle(bp1);
}
if (sp->buffer_total_count != sp->buffer_target_count) {
pvr2_stream_achieve_buffer_count(sp);
}
}
static void pvr2_stream_init(struct pvr2_stream *sp)
{
spin_lock_init(&sp->list_lock);
mutex_init(&sp->mutex);
INIT_LIST_HEAD(&sp->queued_list);
INIT_LIST_HEAD(&sp->ready_list);
INIT_LIST_HEAD(&sp->idle_list);
}
static void pvr2_stream_done(struct pvr2_stream *sp)
{
mutex_lock(&sp->mutex); do {
pvr2_stream_internal_flush(sp);
pvr2_stream_buffer_count(sp, 0);
} while (0); mutex_unlock(&sp->mutex);
}
static void buffer_complete(struct urb *urb)
{
struct pvr2_buffer *bp = urb->context;
struct pvr2_stream *sp;
unsigned long irq_flags;
BUFFER_CHECK(bp);
sp = bp->stream;
bp->used_count = 0;
bp->status = 0;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferComplete %p stat=%d cnt=%d",
bp, urb->status, urb->actual_length);
spin_lock_irqsave(&sp->list_lock, irq_flags);
if ((!(urb->status)) ||
(urb->status == -ENOENT) ||
(urb->status == -ECONNRESET) ||
(urb->status == -ESHUTDOWN)) {
(sp->buffers_processed)++;
sp->bytes_processed += urb->actual_length;
bp->used_count = urb->actual_length;
if (sp->fail_count) {
pvr2_trace(PVR2_TRACE_TOLERANCE,
"stream %p transfer ok - fail count reset",
sp);
sp->fail_count = 0;
}
} else if (sp->fail_count < sp->fail_tolerance) {
// We can tolerate this error, because we're below the
// threshold...
(sp->fail_count)++;
(sp->buffers_failed)++;
pvr2_trace(PVR2_TRACE_TOLERANCE,
"stream %p ignoring error %d - fail count increased to %u",
sp, urb->status, sp->fail_count);
} else {
(sp->buffers_failed)++;
bp->status = urb->status;
}
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
pvr2_buffer_set_ready(bp);
if (sp->callback_func) {
sp->callback_func(sp->callback_data);
}
}
struct pvr2_stream *pvr2_stream_create(void)
{
struct pvr2_stream *sp;
sp = kzalloc(sizeof(*sp), GFP_KERNEL);
if (!sp) return sp;
pvr2_trace(PVR2_TRACE_INIT, "pvr2_stream_create: sp=%p", sp);
pvr2_stream_init(sp);
return sp;
}
void pvr2_stream_destroy(struct pvr2_stream *sp)
{
if (!sp) return;
pvr2_trace(PVR2_TRACE_INIT, "pvr2_stream_destroy: sp=%p", sp);
pvr2_stream_done(sp);
kfree(sp);
}
void pvr2_stream_setup(struct pvr2_stream *sp,
struct usb_device *dev,
int endpoint,
unsigned int tolerance)
{
mutex_lock(&sp->mutex); do {
pvr2_stream_internal_flush(sp);
sp->dev = dev;
sp->endpoint = endpoint;
sp->fail_tolerance = tolerance;
} while (0); mutex_unlock(&sp->mutex);
}
void pvr2_stream_set_callback(struct pvr2_stream *sp,
pvr2_stream_callback func,
void *data)
{
unsigned long irq_flags;
mutex_lock(&sp->mutex);
do {
spin_lock_irqsave(&sp->list_lock, irq_flags);
sp->callback_data = data;
sp->callback_func = func;
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
} while (0);
mutex_unlock(&sp->mutex);
}
void pvr2_stream_get_stats(struct pvr2_stream *sp,
struct pvr2_stream_stats *stats,
int zero_counts)
{
unsigned long irq_flags;
spin_lock_irqsave(&sp->list_lock, irq_flags);
if (stats) {
stats->buffers_in_queue = sp->q_count;
stats->buffers_in_idle = sp->i_count;
stats->buffers_in_ready = sp->r_count;
stats->buffers_processed = sp->buffers_processed;
stats->buffers_failed = sp->buffers_failed;
stats->bytes_processed = sp->bytes_processed;
}
if (zero_counts) {
sp->buffers_processed = 0;
sp->buffers_failed = 0;
sp->bytes_processed = 0;
}
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
}
/* Query / set the nominal buffer count */
int pvr2_stream_get_buffer_count(struct pvr2_stream *sp)
{
return sp->buffer_target_count;
}
int pvr2_stream_set_buffer_count(struct pvr2_stream *sp, unsigned int cnt)
{
int ret;
if (sp->buffer_target_count == cnt) return 0;
mutex_lock(&sp->mutex);
do {
sp->buffer_target_count = cnt;
ret = pvr2_stream_achieve_buffer_count(sp);
} while (0);
mutex_unlock(&sp->mutex);
return ret;
}
struct pvr2_buffer *pvr2_stream_get_idle_buffer(struct pvr2_stream *sp)
{
struct list_head *lp = sp->idle_list.next;
if (lp == &sp->idle_list) return NULL;
return list_entry(lp, struct pvr2_buffer, list_overhead);
}
struct pvr2_buffer *pvr2_stream_get_ready_buffer(struct pvr2_stream *sp)
{
struct list_head *lp = sp->ready_list.next;
if (lp == &sp->ready_list) return NULL;
return list_entry(lp, struct pvr2_buffer, list_overhead);
}
struct pvr2_buffer *pvr2_stream_get_buffer(struct pvr2_stream *sp, int id)
{
if (id < 0) return NULL;
if (id >= sp->buffer_total_count) return NULL;
return sp->buffers[id];
}
int pvr2_stream_get_ready_count(struct pvr2_stream *sp)
{
return sp->r_count;
}
void pvr2_stream_kill(struct pvr2_stream *sp)
{
struct pvr2_buffer *bp;
mutex_lock(&sp->mutex);
do {
pvr2_stream_internal_flush(sp);
while ((bp = pvr2_stream_get_ready_buffer(sp)) != NULL) {
pvr2_buffer_set_idle(bp);
}
if (sp->buffer_total_count != sp->buffer_target_count) {
pvr2_stream_achieve_buffer_count(sp);
}
} while (0);
mutex_unlock(&sp->mutex);
}
int pvr2_buffer_queue(struct pvr2_buffer *bp)
{
#undef SEED_BUFFER
#ifdef SEED_BUFFER
unsigned int idx;
unsigned int val;
#endif
int ret = 0;
struct pvr2_stream *sp;
if (!bp) return -EINVAL;
sp = bp->stream;
mutex_lock(&sp->mutex);
do {
pvr2_buffer_wipe(bp);
if (!sp->dev) {
ret = -EIO;
break;
}
pvr2_buffer_set_queued(bp);
#ifdef SEED_BUFFER
for (idx = 0; idx < (bp->max_count) / 4; idx++) {
val = bp->id << 24;
val |= idx;
((unsigned int *)(bp->ptr))[idx] = val;
}
#endif
bp->status = -EINPROGRESS;
usb_fill_bulk_urb(bp->purb, // struct urb *urb
sp->dev, // struct usb_device *dev
// endpoint (below)
usb_rcvbulkpipe(sp->dev, sp->endpoint),
bp->ptr, // void *transfer_buffer
bp->max_count, // int buffer_length
buffer_complete,
bp);
usb_submit_urb(bp->purb, GFP_KERNEL);
} while (0);
mutex_unlock(&sp->mutex);
return ret;
}
int pvr2_buffer_set_buffer(struct pvr2_buffer *bp, void *ptr, unsigned int cnt)
{
int ret = 0;
unsigned long irq_flags;
struct pvr2_stream *sp;
if (!bp) return -EINVAL;
sp = bp->stream;
mutex_lock(&sp->mutex);
do {
spin_lock_irqsave(&sp->list_lock, irq_flags);
if (bp->state != pvr2_buffer_state_idle) {
ret = -EPERM;
} else {
bp->ptr = ptr;
bp->stream->i_bcount -= bp->max_count;
bp->max_count = cnt;
bp->stream->i_bcount += bp->max_count;
pvr2_trace(PVR2_TRACE_BUF_FLOW,
"/*---TRACE_FLOW---*/ bufferPool %8s cap cap=%07d cnt=%02d",
pvr2_buffer_state_decode(
pvr2_buffer_state_idle),
bp->stream->i_bcount, bp->stream->i_count);
}
spin_unlock_irqrestore(&sp->list_lock, irq_flags);
} while (0);
mutex_unlock(&sp->mutex);
return ret;
}
unsigned int pvr2_buffer_get_count(struct pvr2_buffer *bp)
{
return bp->used_count;
}
int pvr2_buffer_get_status(struct pvr2_buffer *bp)
{
return bp->status;
}
int pvr2_buffer_get_id(struct pvr2_buffer *bp)
{
return bp->id;
}
|
Pontrhydyfen
Pontrhydyfen (or Pont-rhyd-y-fen) is a small village in the Afan Valley, in Neath Port Talbot county borough in Wales. Pontrhydyfen was once a heartland for the Welsh language in Glamorganshire. In 1931 85% of the population spoke Welsh, by 1981 this had fallen to 35%.
Location
It is situated in the Afan Valley at , at the confluence of the River Afan and the smaller Afon Pelenna, 1.8 miles (2.9 km) north of the larger village of Cwmavon and not far from the towns of Port Talbot and Neath.
History and amenities
This former coal mining community is distinguished by two large 19th-century bridges that span the valley: a railway viaduct (the red bridge) and a former aqueduct, known in the Welsh language as Y Bont Fawr ("The Big Bridge"). The latter, built by John Reynolds and completed in 1825, is 153 yards (140 m) long and over 75 feet (23 m) high. It supplied the water which powered the giant waterwheels of the nearby Cwmavon blast furnaces. It remains in use today as a bridge for pedestrians and cyclists, the canal which it once carried having been filled in.
Famous people
Pontrhydyfen was the birthplace of actor Richard Burton, Broadway theatre and musical star Ivor Emmanuel who was also in Zulu, international opera singer Rebecca Evans, Welsh singer and songwriter Geraint Griffiths, and actor Mark Frankel. The Richard Burton Appreciation Society is based in the village.
External links
www.geograph.co.uk : photos of Pontrhydyfen and surrounding area
Category:Villages in Neath Port Talbot
Category:Afan Valley |
4 important dorm tips to make your neighbors love you
Living in a dorm can be heaven or hell. You can make a ton of friends or a host of enemies. And this can make your studies easy, or incredibly difficult. The fact that you clicked on this link shows that you have an intent to make a few friendships, but as the road to hell is paved with good intentions, that alone won’t do.
You’ll also need to know what to do (and actually do it, of course) to make sure that your dorm becomes a phenomenal place filled with fantastic people. So here are some of the things you’ll want to consider:
Be flexible
Not everybody lives like you. They’ll have different expectations, different wants and different needs. For example, some people might be incredibly extroverted and want to talk all the time, while other people are introverted and desperate for alone time (here’s a chart to help you). Some people might like to party, while other people might like to read a book. So on and so forth.
The thing to realize is that your way isn’t the only way to live your life. Everyone has their own vision of what is right for them. Be accommodating to that. Understand that just because they don’t like what you like doesn’t mean they’re necessarily bad people. They’re just different.
And what a boring world this would be if everybody was just like you.
Communicate clearly
Being flexible does not mean swallowing everything other people do until you explode. That might keep the peace initially but can cause all sorts of resentment down the road. Instead, make sure you communicate clearly and ask other people to do the same -right from the get go.
Do note that ‘communicating clearly’ is not the same as ‘getting angry and shouting’. In fact, raising your voice in the hope of getting your point across is almost always a bad idea as this will cause people to stop seeing it as communication and instead as an attack. And when people feel attacked, they pull up the drawbridge and get ready to defend themselves. That’s not a good place to compromise from.
So if you’re angry about something, stop. Slow down. Process the anger. Then start the conversation from a neutral place. From here you’ll be far more likely to actually get them to understand why you don’t appreciate the behavior.
Try starting with a compliment as it will soften whatever criticism is coming their way.
Realize that we don’t see what other people do
We always know exactly what we did for the dorm, but we rarely see what other people did while we weren’t there. This psychological bias causes us to overestimate how much we believe we did and underestimate everybody else’s contribution. The result is that it’s often very easy for you to feel you’re doing far more and working far harder than everybody else (even when this isn’t necessary true or isn’t true to the extent you think it is).
For that reason, before you start yelling, ask to make a list of all the activities people have already done so far. This will make it far easier to give an overall accounting (and make it clear to whoever isn’t pulling their weight that they really aren’t).
Do stuff for them
Particularly when you first come together, make sure you go out of your way to do some nice things for everybody else to show your willingness to create a good dorm. Do something that you’re good at and that you like doing. Perhaps you like to bake cookies. Perhaps you’ve got a good setup with which you can show movies. Or perhaps you’ve got a car with which you can go pick up stuff before you guys have your weekly sit down. It can also be academic, like helping them with a paper, or just by sending them links to a citation program or some cool new apps.
Sure, not everybody will appreciate what you’re doing, but enough people will that it becomes a good idea. This will give you some goodwill and give people the benefit of the doubt in future situations. Hopefully you won’t need it, but hey. Who knows what curveballs life will throw?
Be careful with doing this kind of stuff all the time, however. It is better to do it occasionally and not turn it into a commitment. Otherwise, people will stop seeing it as a kindness and start seeing it as an expectation. And when that happens, it can often end up backfiring on you.
A good strategy is for you to do different things. And if they ask you do something again, smile sweetly and stand your ground. You’ll quickly remind them not to take anything for granted – particularly not you. |
The first-round winners were sometimes expected (fan favorite Shadowcat, an X-Man who proclaims her Jewishness with a Star of David necklace, vs. Go-Girl, a cool-but-obscure superhero who just happens to be named Lindsay Goldman) and sometimes surprising. I mean, the Thing beat Superman!? (Yes, I voted for the Thing, but that’s because I love an underdog. Plus, that scene in “Fantastic Four” where Thing says kaddish is so damn cool.) I also have to protest the inclusion of Magneto, who is sometimes referred to as Jewish, but is also referred to as Romani — a fact which provoked extensive debate on our very own site.
Now, JPS has announced the winners of Round I — and stepped up their game for the next Clash of the Jews. Some wickedness abounds. For one thing, Stan Lee (who defeated movie-star Harvey Pekar in the first round) is up against his own creation, the (aforementioned) Thing. For another, Willow from Buffy the Vampire Slayer is fighting Sgt. Rock — an anachronistic match if there ever was one; although Willow’s ex-hookup-buddy, Xander Harris, was ever so fond of dropping Sgt. Rock allusions back on Buffy. Personally, I’m kind of hoping that Shadowcat will sweep in and rock the whole series…but don’t let me sway your vote. Just go there and cast it yourself.
And, just so you know who you’re voting for, here’s the chart of the competition so far: |
EXCLUSIVE: Brevoort & Alonso Talk "Fear Itself"
How much fans should read into the roster on this promotional image for "Fear Itself" is not yet known
The only thing we have to fear is fear itself, and ironically enough for comic book fans, one of the biggest reasons to look forward to 2011 is also "Fear Itself."
Earlier today at New York's Midtown Comics in Time Square, Marvel Entertainment's Chief Creative Officer Joe Quesada and VP - Executive Editors Tom Brevoort and Axel Alonso announced "Fear Itself," the publisher's latest event series from "Invincible Iron Man" and "Uncanny X-Men" writer Matt Fraction and an all-star art team including Stuart Immonen, Wayne Von Grawbadger and Laura Martin. The series debuts with a special prologue issue from Ed Brubaker and Scot Eaton in March and the full seven-issue series commencing in April with an oversized first issue. In "Fear Itself," the various heroes of the Marvel Universe will gather together to combat a new threat Fraction referred to as "the god of fear" in a pre-recorded video message. Eight of the most worthy Marvel champions will be selected to defend the cause and fight for what they believe in. The specific characters were not identified at the press conference, as their identities will be teased out in the comings weeks and months.
CBR News had the opportunity to talk exclusively with Brevoort and Alonso at the end of the press conference, and while the main players of "Fear Itself" weren't identified right away, both editors promised that the X-Men would play a significant role in the event.
"In 'Civil War,' the X-Men sort of opted out. In this, they don't have the luxury of opting out," Alonso told CBR. "As the X-Men group editor, I'm champing at the bit to get them more integrated in the Marvel Universe, and they will be in a major way here. They brokered a deal in 'Civil War,' so [their absence] was as simple as that. But they're going to be involved in a big way in 'Fear Itself.'"
As far as other characters involved in the event, the editors were tight-lipped. "One thing you will see in this line-wide event," said Alonso, "is that there are a number of relationships, alliances and character developments seen over the last few years that definitely come to fruition in 'Fear Itself.' There's going to be a lot of pay off."
During our chat, Brevoort recalled the origins of "Fear Itself" as stemming from an original idea that Fraction proposed at an editorial meeting. "We'd been talking about stuff to do in the coming year, and he had this thought, this nugget, that grew into 'Fear Itself,'" he said. "It changed a little bit as we talked about it and workshopped it back and forth, but really, the central idea was something that Matt had brought into the room."
The as of yet unnamed "god of fear" will be the chief nemesis in "Fear Itself"
Though the plot details are a bit murky at the moment, the central idea is not. At the outset of the press conference, Quesada kicked things off by painting a grim picture of the world we live in, ideas "Fear Itself" will undoubtedly explore.
"Times are tough," he explained. "Unemployment is at an all-time high. Families are losing their homes, worldwide economies are on the brink. All you need to do is turn on the TV, the computer, a radio and you should find a politician, pundit or prophet who's out there ready to tell you what you should be afraid of, who's responsible and why you should be afraid of them. It's a world divided. At the end of the day, you have to ask yourself who you should trust. Who do you trust? Twenty-four hour news cycles? Weather changes? WikiLeaks? Depression? Recession? Bailouts? Bankers? If you're anything like me, it's a great time to be fearful, and if you're anything like the people out there who deal in fear and seek to gain from fear, well, it's just a good time. Let's face it, friends: the world has gotten smaller, and today more than ever, fear above all else seems to be a great motivator. There's no shortage of charlatans, tyrants and despots ready to stoke the flames. All they need is a spark."
"Now, here's the good news," he grinned. "We're talking about the Marvel Universe."
Quesada and his editors estimate that "Fear Itself" has been in development for somewhere between 15 and 18 months, with Brevoort teasing that eagle-eyed readers will be able to look back and see the seeds that Fraction has been planting in many of his titles. "If people were to go back and read through Matt's run on 'Uncanny,'" he said, "particularly now that we've seen the stuff about 'Fear Itself' but certainly after the first or second issues come out, they'll probably see a few little breadcrumbs that were sprinkled amongst all of the stuff that he did to lead these characters and lead these storylines to this place. Beyond that, I don't want to get too detailed — it's too early."
"Too early" is a refrain that comic book fans still suffering from so-called event fatigue are doubtlessly hanging onto. With "Civil War," "Secret Invasion," "Dark Reign" and "Siege" fresh in many fans' minds, some readers are dubious about yet another event series cropping up less than a year after the launch of "The Heroic Age," an era where major events were downplayed in favor of considerably more hopeful, optimistic superhero adventures. Now, not only is another event coming to the Marvel Universe, it's an event that's billed as the biggest one yet. With multiple tie-in issues, new series launches, one-shots and more already in the works, is it perhaps a little soon for a story with the size and scope of "Fear Itself"?
"You don't set off saying, 'Let's tell a major event.' You start with a nugget of an idea and it starts gaining steam in the room and it gets workshopped," Alonso said of the decision to pursue "Fear Itself" as an event series. "Matt came in with an idea and we beat it up like we did with 'Civil War' and 'Secret Invasion,' until we thought we had something really sound ... [and] we realized that we were saying something that's relevant to today, and it had outreach beyond just the comic book community."
The last week's worth of teaser images all offer glimpses into "Fear Itself"
"These things are all just gut-level reactions to what's going on in the industry and where we happen to be," added Brevoort. "We're heading into the end of 'Dark Reign' and you're building up 'Siege,' and it seemed like the pot was getting to a point where it was time to give people a chance to catch their breaths, regroup and take a little bit of the stress off. But while you'll hear from fans who still say that there's too many events and too much stuff, on the other hand, there's a whole bunch of other fans wondering, 'When is something big and exciting going to happen?' It's never really beneficial for us to take our foot off the gas too much, so we always knew we would eventually came back around to it. It's really just a gut thing."
Brevoort added that developing "Fear Itself" as an event series made even more sense when other Marvel creators and editors started chiming in on the concept with their own unique ideas. "It's telling when other editors and other creators kind of get on board and get enthusiastic and excited about what's going on," he said. "We're all sitting there, talking about the story and what it means, what will happen with the characters and where it will all go. And as people get more excited and involved and start throwing ideas around, the story just naturally begins to expand as more and more people have their take or their position or their relationship to it."
Despite the input of other writers and editors, it's Fraction who's steering the good ship "Fear Itself" forward, and by all accounts, it seems like a story that caters to the Eisner-winning writer's strengths. "It's playing to stuff that Matt cares about, things that he's interested in and invested in," said Brevoort. "Hopefully it means that he'll be able to devote his best to it and take it to the next level. He's been dying to work with Stuart for the longest time, so getting that opportunity and having somebody as facile as well as dependable as Stuart on the project means that it'll look great and it should all come out when it's supposed to."
"Fear Itself" kicks off in March 2011 with a World War II era issue penned by Ed Brubaker and drawn by Scot Eaton. The proper series, written by Matt Fraction and illustrated by Stuart Immonen, hits comic book stores one month later. Stay tuned to CBR News as we learn more about the project. |
Peter Hollins
Peter Hollins (1 May 1800 – 16 August 1886) was an English sculptor.
He was born on 1 May 1800 at 17 Great Hampton Street, Birmingham, the fourth surviving son of the sculptor and architect William Hollins. Several members of his family were involved in artistic pursuits, including a cousin, John Hollins, the son of a Birmingham glass painter, who found success as a painter of portraits and historical subjects in London.
Peter Holins Hollins studied drawing under Vincent Barber and sculpture in his father's studio before moving to London to work for Francis Chantrey in 1822. He assisted Chantrey with the installation of his portrait of James Watt in the Watt Memorial Chapel at St Mary’s Church in Handsworth. In London, Hollins shared a studio with fellow Birmingham artist, Henry Room, in Old Bond Street where he held an exhibition of his work in 1831. It included a group entitled, Conrad and Medora illustrating a scene from The Corsair by Lord Byron. It won the Sir Robert Lawley Award at the Birmingham Society of Arts, reconfirming Hollins’ close links with his native city. He visited Italy around 1835 and returned to Birmingham in 1843 to take over his father's studio on Great Hampton Street in the Jewellery Quarter. In 1839 he competed, unsuccessfully, for the Lord Nelson Memorial commission for Trafalgar Square, won by Edward Hodges Baily.
Showing both classical and romantic influences, he produced over sixty major works, including statuary at Malvern Priory, Bodelwyddan Castle, the Royal College of Surgeons and Weston Park.. He also sculpted the public statues of Sir Robert Peel in Birmingham and Dr Jephson in Jephson Gardens, Leamington Spa.
Although he was less well known as a result of being based outside London for much of his career, Hollins' best work is considered to be the equal of that of Chantrey. His cousin, John Hollins, moved to London to paint portraits and became an associate of the Royal Academy.
Hollins was vice-President of the Royal Birmingham Society of Artists for 37 years, and also exhibited at the Royal Academy. He taught modelling for the Birmingham Society of Artists and was instrumental in securing the Royal Charter for the Society in 1868. Sadly, he felt as though the town of Birmingham had been slow to exploit his talents as a sculptor. He said: ‘I wish to draw a veil over my labours for my native town as they were a grievous disappointment to me, and the more than Egyptian darkness and ignorance of that branch of art which I had chosen was simply appalling'.
Hollins became inactive later in life, due to his suffering from rheumatism, which was perhaps caused by prolonged working with wet clay in a cold studio. He died in the house of his birth on 16 August 1886.
References
Category:1800 births
Category:1886 deaths
Category:English sculptors
Category:English male sculptors
Category:People from Birmingham, West Midlands
Category:Members and Associates of the Royal Birmingham Society of Artists
Category:19th-century British sculptors |
1. Introduction {#sec1-ijerph-15-01718}
===============
With increasing environmental issues, lung diseases are becoming a serious health problem in China. As the medical facilities in grade III, class A hospitals are much better than those of in other small hospitals, people prefer to go to those relatively high-level hospitals for treatment. As a result, overcrowding in large hospitals is common, far exceeding the coping capacity. At the same time, however, small hospitals or clinics waste medical resources. Under such circumstances, how to better allocate limited medical resources and improve the input and output efficiency of the health care system are new challenges for the medical system in China.
Developing a hierarchical medical treatment system is regarded as key an effective way to solve the problem of insufficient and unbalanced medical resources, in which medical institutions at various levels receive patients according to the degree and urgency of the diseases they have. In such a system, common illnesses are treated at basic clinics, with patients transferred to more specialized facilities if their condition demands it. Serious illnesses should be treated in higher-grade hospitals. At the same time, higher-grade hospitals can also transfer patients down to lower-grade ones as their condition stabilizes. Thus, determining the severity of the illness is a key action in this system. At present, with the increase in the number of patients with lung diseases, establishing an appropriate approach to divide patients under different conditions into different levels of hospitals is an effective way to make full use of limited medical resources and cure more patients with lung diseases. However, the diagnosis for patient's condition often involves multiple correlative criteria and thus can be described as multiattribute decision making (MADM) problems. This paper proposes a general framework in order to solve the MADM problem, which can be applied in the above scenario.
The essence of MADM is the process of ranking the alternatives and selecting an optimal scheme among a set of alternatives with respect to a list of attribute value. Recently, MADM has received much attention from scholars and has been widely applied to economic management and daily life. For example, Tang et al. \[[@B1-ijerph-15-01718]\] proposed an algorithm for group decision making with incomplete hesitant fuzzy linguistic preference relations and applied it to flood disaster risk evaluation. Qi \[[@B2-ijerph-15-01718]\] developed two effective multicriteria decision making (MCDM) approaches based on defined prioritized average aggregation operators and applied them to tackle complex emergency response solutions evaluation problems. Lin \[[@B3-ijerph-15-01718]\] proposed a linear program and a procedure for solving linguistic MADM problems with risk preferences and incomplete weight information, and further applied it to low-carbon tourism destination selection. Due to the increased complexity of real decision-making problems, we usually have to face the difficulty of representing attribute values appropriately. Chatterjee et al. \[[@B4-ijerph-15-01718]\] proposed a novel hybrid method encompassing factor relationship and multi-attributive border approximation area comparison methods for selection and evaluation of non-traditional machining process. Roya et al. \[[@B5-ijerph-15-01718]\] proposed a rough group analytic hierarchy process approach to the evaluation supplier criteria in the company for producing metal washers for the automotive industry. Vasiljević et al. \[[@B6-ijerph-15-01718]\] developed rough strength relational decision making and trial evaluation laboratory model to analyze the individual priorities of key success factors of hospital's performance measures. As a generalization of the intuitionistic fuzzy set (IFS) \[[@B7-ijerph-15-01718]\], the picture fuzzy set (PFS) introduced by Cuong \[[@B8-ijerph-15-01718]\] is a very effective tool to express the complex fuzzy information because it is characterized by three functions expressing the degree of positive, neutral, and negative memberships at the same time. Because of this advantage, the PFS has been widely investigated and quite a few achievements have been made \[[@B9-ijerph-15-01718],[@B10-ijerph-15-01718],[@B11-ijerph-15-01718],[@B12-ijerph-15-01718],[@B13-ijerph-15-01718]\]. Among them, an important research topic in the research fields of MADM is aggregation operator theory, that can aggregate a collection of individual evaluated values into one. Abbas et al. \[[@B14-ijerph-15-01718]\] presented a comprehensive review on aggregation operator theory and decision-making approaches between 1986 and 2017. Among these aggregation operators, traditional aggregation operators, such as arithmetic and geometric operators for the IFS and neutral averaging operators \[[@B15-ijerph-15-01718]\] are based on the assumption that the attributes are independent of one another. However, the attributes of the problem are often correlative in the real decision-making process, especially in medical diagnosis. For example, to evaluate patients based on the following symptoms of lung diseases: (vital signs, body temperature, cough and hemoptysis), we want to place more emphasis on hemoptysis than on body temperature. However, on the other hand, we also want to pay more attention to patients who have severe hemoptysis and high body temperature, because hemoptysis and hyperthermia are two classical symptoms of pneumonia. Therefore, we need to find some new ways to deal with these situations where the decision data are correlative. The Choquet integral \[[@B16-ijerph-15-01718]\] introduced by Choquet is a useful tool to address the problem. Many scholars have made quite a few achievements in this field and applied the Choquet integral in MADM problems. By using Choquet integral and quasi-arithmetic means, Zhou and Chen \[[@B17-ijerph-15-01718]\] proposed a combined continuous quasi-arithmetic Choquet integral operator and a combined continuous generalized Choquet integral operator. In order to globally reflect the interactions between elements, Meng and Zhang \[[@B18-ijerph-15-01718]\] further defined the probabilistic generalized semivalue-induced continuous Choquet weighted averaging operator and the induced continuous Choquet geometric mean operator. Xu \[[@B19-ijerph-15-01718]\] used the Choquet integral to propose some operators for aggregating intuitionistic fuzzy values with correlative weights and further extended those operators to interval-valued intuitionistic fuzzy sets. Yager \[[@B20-ijerph-15-01718]\] proposed an approximation to the Choquet integral criteria aggregation that did not require ordering. By extending Marichal's concept of entropy for fuzzy measures, Liu et al. \[[@B21-ijerph-15-01718]\] proposed a new method for determining fuzzy measures of the Choquet integral. Wen et al. \[[@B22-ijerph-15-01718]\] introduced Choquet integral-based linguistic operators under fuzzy heterogeneous environments for supplier selection in supply chain management. Some scholars also extended the Choquet integral to other fuzzy environments, such as in interval intuitionistic fuzzy information \[[@B23-ijerph-15-01718]\], the dual hesitant fuzzy environment \[[@B24-ijerph-15-01718]\], the interval-valued intuitionistic hesitant fuzzy environment \[[@B19-ijerph-15-01718]\] and the Pythagorean fuzzy environment \[[@B25-ijerph-15-01718]\]. Point operators are another aggregation tool to reduce the uncertainty of the aggregated arguments and thus obtain intensive information in the process of decision making. Since the point operator was proposed \[[@B26-ijerph-15-01718]\], it has been applied to many fields and has attracted increasing attention. Liu and Wang \[[@B27-ijerph-15-01718]\] proposed some point operators to translate IFS into another one. Xia and Xu \[[@B28-ijerph-15-01718]\] used the point operators to propose some operators for aggregating intuitionistic fuzzy values, and further extended those operators to intuitionistic multiplicative sets \[[@B29-ijerph-15-01718]\]. Peng \[[@B30-ijerph-15-01718],[@B31-ijerph-15-01718]\], and Xing \[[@B32-ijerph-15-01718]\] also extended point operators to Pythagorean fuzzy sets, interval-valued Pythagorean fuzzy sets, and dual hesitant fuzzy sets, respectively.
However, the medical diagnosis problem in the real world is complex than many other applications. For instance: (1) We need to exactly express fuzzy information, and picture fuzzy numbers (PFNs) can depict doctors' diagnoses for patients with respect to the symptoms; (2) We need to consider correlations among symptoms, and then the Choquet integral operator can be utilized to solve this problem; and (3) We need to reduce the uncertainty of doctor's diagnosis data and get intensive information when diagnosing diseases. We can select point operators to achieve this function by adjusting the degree of doctor's diagnosis data with some parameters. In order to solve above problems simultaneously, it is necessary to combine point operator with Choquet integral operator under picture fuzzy environment. Thus, the goal of this paper is to establish a new decision-making method that can not only control the certainty of doctor's diagnosis data, but also deal with these situations where the diagnosis data are correlative. Then we apply new decision-making method to judge patient condition, and patients with different conditions are divided into different levels of hospitals instead of all patients rushing to large hospitals.
The rest of this paper is organized as follows. In the following section, we review some basic concepts related to PFS and the Choquet integral. In [Section 3](#sec3-ijerph-15-01718){ref-type="sec"}, we define some picture fuzzy point operators. In [Section 4](#sec4-ijerph-15-01718){ref-type="sec"}, by combining the point operators with Choquet integral operator, we propose the picture fuzzy point--Choquet averaging (PFPCA) operator, the picture fuzzy point--Choquet geometric (PFPCG) operator, the generalized picture fuzzy point--Choquet averaging (GPFPCA) operator and the generalized picture fuzzy point--Choquet geometric (GPFPCG) operator. Some prominent properties and special cases of these proposed operators are also studied. In [Section 5](#sec5-ijerph-15-01718){ref-type="sec"}, we introduce a novel method for solving MADM with picture fuzzy information based on the proposed operators. In [Section 6](#sec6-ijerph-15-01718){ref-type="sec"}, we provide an application example about assisting the hierarchical medical system to show the performance of new method.
2. Preliminaries {#sec2-ijerph-15-01718}
================
In the section, we briefly review some basic notions including PFS and the Choquet integral.
2.1. Picture Fuzzy Sets {#sec2dot1-ijerph-15-01718}
-----------------------
\[[@B8-ijerph-15-01718]\]**.** *Let X be an ordinary fixed set; then a picture fuzzy set P defined on X is given by* $${P = \left\{ {\left\langle {x,\mu_{p}\left( x \right),\eta_{p}\left( x \right),v_{p}\left( x \right)} \right\rangle\left| {x \in X} \right.} \right\}},$$ *where* $\mu_{p}\left( x \right)$ *is the positive degree of* $x \in X$*, and* $\eta_{p}\left( x \right)$ *and* $v_{p}\left( x \right)$ *are the neutral degree and negative degree, respectively, satisfying* $${\mu_{p}\left( x \right) + \eta_{p}\left( x \right) + v_{p}\left( x \right) \leq 1}.$$
The uncertainty associated with PFS $\pi_{P}\left( x \right) = 1 - \mu_{p}\left( x \right) - \eta_{p}\left( x \right) - v_{p}\left( x \right)$ is also defined. In the case $\eta_{p}\left( x \right) = 0,$ PFS is reduced to the IFS, and when both $\mu_{p}\left( x \right),v_{p}\left( x \right) = 0$, PFS is reduced to the fuzzy set.
For simplicity, we use the pair $\left( {\mu\left( x \right),\eta\left( x \right),v\left( x \right)} \right)$ to denote a general PFN that can be denoted by $p = \left( {\mu,\eta,v} \right)$.
Given three PFNs $p = \left( {\mu,\eta,v} \right),p_{1} = \left( {\mu_{1},\eta_{1},v_{1}} \right),p_{1} = \left( {\mu_{2},\eta_{2},v_{2}} \right),$ Cuong \[[@B8-ijerph-15-01718]\] defined the operations of intersection, union, complement and inclusion for them, which can be described as below:$${p_{1} \cap p_{2} = \left( {min\left( {\mu_{1},\mu_{2}} \right),max\left( {\eta_{1},\eta_{2}} \right),max\left( {v_{1},v_{2}} \right)} \right)},$$ $${p_{1} \cup p_{2} = \left( {max\left( {\mu_{1},\mu_{2}} \right),min\left( {\eta_{1},\eta_{2}} \right),min\left( {v_{1},v_{2}} \right)} \right)},$$ $${p^{c} = \left( {v,\eta,\mu} \right)},$$ $${p_{1} \subseteq p_{2},\ {if}\ \mu_{1} \leq \mu_{2},\eta_{1} \leq \eta_{2}\ {and}\ v_{1} \geq v_{2}}.$$
Wei \[[@B9-ijerph-15-01718]\] further defines some operational laws for PFNs as shown below:$${p_{1} \oplus p_{2} = \left( {\left( {\mu_{1} + \mu_{2} - \mu_{1}\mu_{2}} \right),\eta_{1}\eta_{2},v_{1}v_{2}} \right)},$$ $${p_{1} \otimes p_{2} = \left( {\mu_{1}\mu_{2},\eta_{1} + \eta_{2} - \eta_{1}\eta_{2},v_{1} + v_{2} - v_{1}v_{2}} \right)},$$ $${\lambda p = \left( {1 - \left( {1 - \mu} \right)^{\lambda},\eta^{\lambda},v^{\lambda}} \right)},$$ $${p^{\lambda} = \left( {\mu^{\lambda},1 - \left( {1 - \eta} \right)^{\lambda},1 - \left( {1 - v} \right)^{\lambda}} \right)}.$$
\[[@B13-ijerph-15-01718]\]**.** *For two PFNs* $p_{1} = \left( {\mu_{1},\eta_{1},v_{1}} \right),p_{2} = \left( {\mu_{2},\eta_{2},v_{2}} \right),$ *their relations are defined as follows:*$$p_{1} \geq p_{2}\ {iff}\ \forall x \in X,\mu_{1} \geq \mu_{2},v_{1} \leq v_{2},$$ $$p_{1} = p_{2}\ {iff}\ \forall x \in X,\mu_{1} = \mu_{2},v_{1} = v_{2}.$$
In order to rank the PFNs, Garg \[[@B13-ijerph-15-01718]\] gave the score function and accuracy function of PFNs.
\[[@B13-ijerph-15-01718]\]**.** *Suppose that* $p = \left( {\mu,\eta,v} \right)$ *is a PFN; then the score function of* $p$ *is shown as follows:*$${S_{p} = \mu_{p} - v_{p}}.$$
\[[@B13-ijerph-15-01718]\]**.** *Suppose that* $p = \left( {\mu,\eta,v} \right)$ *is a PFN; then the accuracy function of* $p$ *is shown as follows:*$${H_{p} = \mu_{p} + \eta_{p} + v_{p}}.$$
Based on the score and accuracy function of PFN, Garg further defines the following ranking rules to compare two PFNs.
*For two PFNs:* $${\mathit{if}\ S_{p_{1}} > S_{p_{2}}}{,\ \mathit{then}\ p_{1} > p_{2}},$$ $${\mathit{if}\ S_{p_{1}} = S_{p_{2}}},\ \mathit{then}$$ $${\mathit{if}\ H_{p_{1}} > H_{p_{2}}},\ then\ {p_{1} > p_{2}},$$ $${\mathit{if}\ H_{p_{1}} = H_{p_{2}}},\ then\ {p_{1} = p_{2}}.$$
2.2. Choquet Integral Operator {#sec2dot2-ijerph-15-01718}
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The fuzzy measure can be used to define a weight on each combination of criteria in the Choquet integral model. In this subsection, we introduce the definitions of fuzzy measure and Choquet integral.
\[[@B33-ijerph-15-01718]\]**.** *A fuzzy measure on X is a set function* $\left. \rho:\Gamma\left( x \right)\rightarrow\left\lbrack {0,1} \right\rbrack, \right.$ *with the following conditions:(1)* $\rho\left( \phi \right) = 0,\rho\left( X \right) = 1$*(boundary conditions),(2)* $A,B \in X$*and*$A \subseteq B$*, then*$\rho\left( A \right) \leq \rho\left( B \right)$*(monotonicity).*
However, we generally need to determine $2^{n} - 2$ values for *n* criteria, which is quite complex, and thus it is not easy to give such fuzzy measure according to Definition 6. Therefore, the following $\sigma$-fuzzy measure $\rho$ is further defined:$${\rho\left( {A \cup B} \right)\ = \ \rho\left( A \right) + \rho\left( B \right) + \sigma\rho\left( A \right)\rho\left( B \right)},$$ where $A \cup B = \phi,$ and the parameter $\sigma \in \left\lbrack {- 1, + \infty} \right)$ denotes the interaction between attributes. In Equation (17):
1. If $\sigma$ = 0, then $\sigma$-fuzzy measure $\rho$ reduces to $\rho\left( {A \cup B} \right) = \rho\left( A \right) + \rho\left( B \right),A \cup B = \phi$, which is defined as an additive measure.
In this situation, if all the elements in X are independent, we get $${\rho\left( A \right) = {\sum\limits_{x_{i} \in A}{\rho\left( x_{i} \right)}}}.$$
2. If all the elements in X are finite, then $${\rho\left( A \right) = \rho\left( {\underset{i = 1}{\overset{n}{\cup}}x_{i}} \right) = \left\{ \begin{matrix}
{\frac{1}{\sigma}\left\lbrack {\prod\limits_{i = 1}^{n}{\left( {1 + \sigma\rho\left( x_{i} \right)} \right) - 1}} \right\rbrack,} & {\sigma \neq 0} \\
{\sum\limits_{x_{i} \in A}{\rho\left( x_{i} \right),}} & {\sigma = 0} \\
\end{matrix} \right.},$$ where $x_{i} \cap x_{j} = \Phi$, for $i,j = 1,2\cdots n$, and $i \neq j.$
3. If $\rho \succ 0$, then $\sigma$-fuzzy measure $\rho$ reduces to $\rho\left( {A \cup B} \right) \succ \rho\left( A \right) + \rho\left( B \right)$, which is defined as a super-additive measure.
4. If $- 1 \leq \rho \prec 0$, then $\sigma$-fuzzy measure $\rho$ reduces to $\rho\left( {A \cup B} \right) \prec \rho\left( A \right) + \rho\left( B \right)$, which is defined as a sub-additive measure.
When using a fuzzy measure to model the importance of decision criteria set S, a well-known aggregation function is the Choquet integral \[[@B16-ijerph-15-01718]\].
*Let* $f$ *be a positive real-valued function on* $X$ *and* $\rho$ *be a fuzzy measure on* $X$ *. The discrete Choquet integral of* $f$ *with respect to* $\rho$ *is defined as* $${\left( C \right){\int{fd}}\rho = {\sum\limits_{i = 1}^{n}\left\lbrack {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right\rbrack}f_{\sigma{(i)}}},$$ *where* $\sigma\left( i \right)$ *denotes a permutation of* $\left( {1,2\cdots n} \right)$ *such that* $f_{\sigma{(1)}} \geq f_{\sigma{(2)}} \geq \cdots \geq f_{\sigma{(n)}},$ *and* $A_{\sigma{(0)}} = \phi,$ $A_{\sigma{(i)}} = \left\{ {x_{\sigma{(1)}},\cdots\left. x_{\sigma{(i)}} \right\}} \right..$
3. Some Point Operations for Picture Fuzzy Numbers and Their Properties {#sec3-ijerph-15-01718}
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Motivated by the idea of intuitionistic fuzzy point operators \[[@B28-ijerph-15-01718]\] and dual hesitant fuzzy point operators \[[@B32-ijerph-15-01718]\], we will define a series of picture fuzzy point operations to obtain more intensive information and further analyze some desirable properties of these operations, which are very useful in the remainder of this paper.
*For a PFN*$p = \left( {\mu,\eta,v} \right)$*, let*$\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$*we define some PF point operators: PFN* ⟶ *PFN as follows:*$${D_{\alpha,\beta}^{}\left( p \right) =}\left\{ {\mu_{p} + \alpha\pi_{p},\eta_{p} + \beta\pi_{p},v_{p} + \left( {1 - \alpha - \beta} \right)\pi_{p}} \right\},$$ $${F_{\alpha,\beta,\gamma}\left( p \right) = \left\{ {\mu_{p} + \alpha\pi_{p},\eta_{p} + \beta\pi_{p},v_{p} + \gamma\pi_{p}} \right\}},$$ *where* $\alpha + \beta + \gamma \leq 1$ $${G_{\alpha,\beta,\gamma}\left( p \right) = \left\{ {\alpha\mu_{p},\beta\eta_{p},\gamma v_{p}} \right\}}.$$
It is obvious that the above PF point operators transform a PFN into another one. From Equations (21) and (22), we know that $D_{\alpha}\left( p \right)$ assigns all the uncertainty into the other three parts of a PFS, while $F_{\alpha,\beta,\gamma}\left( p \right)$ only assigns part of the uncertainty. Meanwhile, we can get $\pi_{D_{\alpha}{(p)}} = 1 - \pi_{p}$, and $\pi_{F_{\alpha,\beta,\gamma}{(p)}} = \pi_{p}\left( {1 - \alpha - \beta - \gamma} \right)$, which means that $F_{\alpha,\beta,\gamma}\left( p \right)$ and $D_{\alpha}\left( p \right)$ can reduce the uncertainty of PFS, and increase the positive degree, neutral degree, and positive degree. Similarly, From Equation (23), we know that $G_{\alpha,\beta,\gamma}\left( p \right)$ can reduce the positive degree, neutral degree, and positive degree, and $\pi_{G_{\alpha,\beta,\gamma}} = \left( {1 - \alpha\mu_{p}^{} - \beta\eta_{p} - \gamma v_{p}^{}} \right)$, which means that $G_{\alpha,\beta,\gamma}\left( p \right)$ increases the uncertainty of PFS.
Then, we discuss some properties of the operator $F_{\alpha,\beta,\gamma}\left( p \right)$ in detail.
*Let* $p = \left( {\mu,\eta,v} \right)$ *be a PFN and taking* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack$ *, then* $${\left( {F_{\alpha,\beta,\gamma}\left( p^{c} \right)} \right)^{c} = F_{\gamma,\beta,\alpha}\left( p \right)},$$ $${\left( {G_{\alpha,\beta,\gamma}\left( p^{c} \right)} \right)^{c} = G_{\gamma,\beta,\alpha}\left( p \right)}.$$
*If* $${\alpha = \frac{\mu_{p}}{\mu_{p} + \eta_{p} + v_{p}},\ \beta = \frac{\eta_{p}}{\mu_{p} + \eta_{p} + v_{p}}}{\ \mathit{and}\ \gamma = \frac{v_{p}}{\mu_{p} + \eta_{p} + v_{p}}}{\ \mathit{then}\ F_{\alpha,\beta,\gamma}\left( p \right) = \left( {\alpha,\beta,\gamma} \right)}.$$
We prove the Equation (24) holds, and (25), (26) can be proved analogously. (1)From $p^{c} = \left( {v,\eta,\mu} \right)$, we get $${\left( {F_{\alpha,\beta,\gamma}\left( p^{c} \right)} \right)^{c} = \left( {v_{p} + \alpha\pi_{p},\eta_{p} + \beta\pi_{p},\mu_{p} + \gamma\pi_{p}} \right)^{c} = F_{\gamma,\beta,\alpha}\left( p \right)}.$$(2)Then $$\begin{array}{ll}
{F_{\alpha,\beta,\gamma}\left( p \right)} & {= \left( {\mu_{p} + \frac{\mu_{p}}{\mu_{p} + \eta_{p} + v_{p}}\pi_{p},\eta_{p} + \frac{\eta_{p}}{\mu_{p} + \eta_{p} + v_{p}}\pi_{p},v_{p} + \frac{v_{p}}{\mu_{p} + \eta_{p} + v_{p}}\pi_{p}} \right)} \\
& {{= \left( {\frac{\mu_{p}}{\mu_{p} + \eta_{p} + v_{p}},\frac{\eta_{p}}{\mu_{p} + \eta_{p} + v_{p}},\frac{v_{p}}{\mu_{p} + \eta_{p} + v_{p}}} \right)}{= \left( {\alpha,\beta,\gamma} \right)}} \\
\end{array}.$$
Based on the operations of the PFNs, let $D_{\alpha}^{0}\left( p \right) = F_{\alpha,\beta,\gamma}^{0}\left( p \right) = G_{\alpha,\beta,\gamma}^{0}\left( p \right) = H_{\alpha,\beta,\gamma}^{0}\left( p \right) = p$; we then get the following Theorem 2. ☐
*Let* $p = \left( {\mu,\eta,v} \right)$ *be a PFN and taking* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$ *and* $\alpha + \beta + \gamma \neq 0,$ *then* $${D_{\alpha}^{n}\left( \gamma \right) = \left\{ {\mu_{p} + \alpha\pi_{p},\eta_{p} + \beta\pi_{p},v_{p} + \left( {1 - \alpha - \beta} \right)\pi_{p}} \right\}},$$ $${F_{\alpha,\beta,\gamma}^{n}\left( p \right) = \left( {\mu_{p} + \alpha\pi_{p}\tau,\eta_{p} + \beta\pi_{p}\tau,v_{p} + \gamma\pi_{p}\tau} \right)},$$ *where* $\tau = \frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma}$ *,* $${G_{\alpha,\beta,\gamma}^{n}\left( p \right) = \left( {\mu_{p}\alpha^{n},\eta_{p}\beta^{n},v_{p}\gamma^{n}} \right)}.$$
The proof of this theorem is provided in [Appendix A](#app1-ijerph-15-01718){ref-type="app"}.
In the following, a numeric example is forwarded to illustrate Theorems 1 and 2.
*Let* $p = \left( {0.15,\ 0.35,\ 0.25} \right)$ *be a PFN, then the point operators of p can be calculated according to Definition 8 (Suppose* $\alpha = 0.4,$ $\beta = 0.3,$ $\gamma = 0.2$ *). Firstly, we can obtain* $\pi_{p} = 1 - (0.15 + 0.35 + 0.25) = 0.25$ *, and* $\tau = \frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma} = \frac{1 - 0.1^{n}}{0.9},$ *then we have* $${D_{\alpha,\beta}^{}\left( p \right) =}{\left\{ {0.15 + 0.25\alpha,0.35 + 0.25\beta,0.25 + 0.25\left( {1 - \alpha - \beta} \right)} \right\} = \left( {0.25,\ 0.425,\ 0.325} \right)},$$ $${F_{\alpha,\beta,\gamma}\left( p \right) = \left( {0.15 + 0.25\alpha,0.35 + 0.25\beta,0.25 + 0.25\gamma} \right) = \left( {0.25,\ 0.425,\ 0.3} \right)},$$ $${G_{\alpha,\beta,\gamma}\left( p \right) = \left( {0.15\alpha,0.35\beta,0.25\gamma} \right) = \left( {0.06,\ 0.105,\ 0.05} \right)}.$$
*Similarly,* $${D_{\alpha}^{n}\left( \gamma \right) =}\left( {0.25,\ 0.425,\ 0.325} \right),$$ $${F_{\alpha,\beta,\gamma}^{n}\left( p \right) = \left( {0.15 + \frac{1 - 0.1^{n}}{9},0.35 + \frac{0.75 \times \left( {1 - 0.1^{n}} \right)}{9},0.25 + \frac{5 \times \left( {1 - 0.1^{n}} \right)}{9}} \right)},$$ $${G_{\alpha,\beta,\gamma}^{n}\left( p \right) = \left\{ {0.15 \times 0.4^{n},0.35 \times 0.3^{n},0.25 \times 0.2^{n}} \right\}}.$$
From Theorem 2, we can easily obtain the following properties.
*Let* $p = \left( {\mu,\eta,v} \right)$ *be a PFS, and n be a positive integer. Taking* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$ *then* $${\left( {F_{\alpha,\beta,\gamma}^{n}\left( p^{c} \right)} \right)^{c} = F_{\gamma,\beta,\alpha}^{n}\left( p \right)},$$ $${\left( {G_{\alpha,\beta,\gamma}^{n}\left( p^{c} \right)} \right)^{c} = G_{\gamma,\beta,\alpha}^{n}\left( p \right)}.$$
*Let* $p = \left( {\mu,\eta,v} \right)$ *be a PFS, and n be a positive integer. Taking* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$ *the relation* $\leq$ *is defined as* $A \leq B$ *if and only if* $\mu_{F_{\alpha,\beta,\gamma}^{n}{(p)}} \leq \mu_{F_{\alpha,\beta,\gamma}^{n - 1}{(p)}},$ *and* $v_{F_{\alpha,\beta,\gamma}^{n}{(p)}} \leq v_{F_{\alpha,\beta,\gamma}^{n - 1}{(p)}},$ *and then* $${\left( {F_{\alpha,\beta,\gamma}^{n}\left( p^{c} \right)} \right)^{c} = F_{\gamma,\beta,\alpha}^{n}\left( p \right)},$$ $${\pi_{F_{\alpha,\beta,\gamma}^{n}} \leq \pi_{F_{\alpha,\beta,\gamma}^{n - 1}}}.$$ $${{If}\ \alpha = \frac{\mu_{p}}{\mu_{p} + \eta_{p} + v_{p}},\beta = \frac{\eta_{p}}{\mu_{p} + \eta_{p} + v_{p}},\gamma = \frac{v_{p}}{\mu_{p} + \eta_{p} + v_{p}},\ {then}\ F_{\alpha,\beta,\gamma}^{n}\left( p \right) = F_{\alpha,\beta,\gamma}\left( \gamma \right)}.$$
*Let* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$ *and α + β + γ ≤ 1. We define the following limit:* $${\lim\limits_{n\rightarrow\infty}F_{\alpha,\beta,\gamma}^{n}\left( p \right) = \lim\limits_{n\rightarrow\infty}\left\{ {\mu_{F_{\alpha,\beta,\gamma}^{n}{(p)}},\eta_{F_{\alpha,\beta,\gamma}^{n}{(p)}},v_{F_{\alpha,\beta,\gamma}^{n}{(p)}}} \right\}}.$$
*Let* $\alpha,\beta,\gamma \in \left\lbrack {0,1} \right\rbrack,$ *and* $\alpha + \beta + \gamma \leq 1$ *; then we have* $${\lim\limits_{n\rightarrow\infty}F_{\alpha,\beta,\gamma}^{n}\left( p \right) = = D_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma}}^{n}\left( p \right)}.$$
According to Theorem 7, we get $${\lim\limits_{n\rightarrow\infty}\mu_{F_{\xi\zeta{(\gamma)}}^{n}} = \lim\limits_{n\rightarrow\infty}\left( {\mu_{p} + \alpha\pi_{p}\frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma}} \right)}{= \mu_{p} + \frac{\alpha}{\alpha + \beta + \gamma}\pi_{p}},$$ $${\lim\limits_{n\rightarrow\infty}\eta_{F_{\xi\zeta{(\gamma)}}^{n}} = \lim\limits_{n\rightarrow\infty}\left( {\eta_{p} + \beta\pi_{p}\frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma}} \right)}{= \eta_{p} + \frac{\beta}{\alpha + \beta + \gamma}\pi_{p}},$$ $${\lim\limits_{n\rightarrow\infty}v_{F_{\xi\zeta{(\gamma)}}^{n}} = = v_{p} + \frac{\gamma}{\alpha + \beta + \gamma}\pi_{p}}.$$
So we have $${\lim\limits_{n\rightarrow\infty}F_{\alpha,\beta,\gamma}^{n}\left( p \right) = \lim\limits_{n\rightarrow\infty}\left\{ {\mu_{F_{\alpha,\beta,\gamma}^{n}{(p)}},\eta_{F_{\alpha,\beta,\gamma}^{n}{(p)}},v_{F_{\alpha,\beta,\gamma}^{n}{(p)}}} \right\}}{= \left\{ {\mu_{p} + \frac{\alpha}{\alpha + \beta + \gamma}\pi_{p},\eta_{p} + \frac{\beta}{\alpha + \beta + \gamma}\pi_{p},v_{p} + \frac{\gamma}{\alpha + \beta + \gamma}\pi_{p}} \right\} = D_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma}}^{n}\left( p \right)}$$. ☐
4. Picture Fuzzy Point--Choquet Integral Aggregation Operators and Their Properties {#sec4-ijerph-15-01718}
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In order to get more intensive information from PFS and efficiently deal with correlations among arguments at the same time, we combine picture fuzzy point operators with the Choquet integral operator to propose some new class of aggregation operators for aggregating picture fuzzy information in this section. Some desirable properties of proposed aggregation operators are also discussed in detail.
4.1. Picture Fuzzy Point--Choquet Averaging Operator {#sec4dot1-ijerph-15-01718}
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*Let* $\Omega$ *be the set of all PFNs, and* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, taking* $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack.$ *Then we define the series of PFPCA operators):* $\left. \Omega^{m}\rightarrow\Omega \right.$ *, if* $${F\left( C_{1} \right){\int{pd}}\rho = PFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)D_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ $${F\left( C_{2} \right){\int{pd}}\rho = PFPCAF_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)F_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ $${F\left( C_{3} \right){\int{pd}}\rho = PFPCAG_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)G_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ *where* $\sigma\left( i \right)$ *denotes a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},$ *and* $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}}.$
By operational laws defined in [Section 2.1](#sec2dot1-ijerph-15-01718){ref-type="sec"}, we can obtain the following theorem.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, and* $\sigma(i)$ *be a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},$ $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ *and* $A_{\sigma{(0)}} = \phi$ $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right.,$ *taking* ${\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack,$ $\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1$ *. Then, the aggregated values by the series of PFPCA operators are also PFNs:* $$\begin{array}{ll}
{PFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right)} & {= \left\{ {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {\mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}} \right)} \right)^{{\widetilde{\omega}}_{i}}},1 -} \right.{\prod\limits_{i = 1}^{m}\left( {1 - \left( {\eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}} \right)} \right)^{{\widetilde{\omega}}_{i}}}} \\
& \left. {\prod\limits_{i = 1}^{m}\left( {v_{p_{\sigma{(i)}}} + \left( {1 - \alpha_{i} - \beta_{i}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{{\widetilde{\omega}}_{i}}} \right\} \\
\end{array},$$ $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}{= \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)}$$ *where* $${\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} = v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}{= \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{p_{\sigma{(i)}}}\alpha_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\left( {\eta_{p_{\sigma{(i)}}}\beta_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}\left( {v_{p_{\sigma{(i)}}}\gamma_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}}} \right)}.$$
The proof of this theorem is provided in [Appendix B](#app2-ijerph-15-01718){ref-type="app"}.
In the following, a numeric example is forwarded to illustrate Theorem 6.
*Let* $p_{1} = \left( {0.25,\ 0.35,\ 0.15} \right)$ *,* $p_{2} = \left( {0.42,\ 0.18,\ 0.37} \right),$ $p_{3} = \left( {0.34,\ 0.27,\ 0.16} \right)$ *be PFN. Then we aggregate the three PFNs by the following steps:*
**Step 1.** Identify the fuzzy measure of the $n$ attributes of $G$ according to Equations (17) and (19). Suppose that the fuzzy measures of attributes of G are given as follows:$${\rho\left( G_{1} \right) = 0.38,\rho\left( G_{2} \right) = 0.27,\rho\left( G_{3} \right) = 0.36}.$$
Firstly, according to Equation (19), the value of $\sigma$ is obtained: $\sigma = - 0.029,$ and then the fuzzy measures of attribute sets of $G = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\} \right.$ can be calculated by Equation (13), shown as follows:$${\rho\left( {G_{1},G_{2}} \right) = 0.65,\rho\left( {G_{1},G_{3}} \right) = 0.74,}{\ \rho\left( {G_{2},G_{3}} \right) = 0.63}{,\ \rho\left( {G_{1},G_{2},G_{3}} \right) = 1}.$$
**Step 2.** By score functions, we rearrange the three PFNs in descending order, shown as follows:$${s\left( p_{1} \right) = 0.1,s\left( p_{2} \right) = 0.05,s\left( p_{3} \right) = 0.18},$$ $${p_{\sigma{(1)}} = \left( {0.34,\ 0.27,\ 0.16} \right),p_{\sigma{(2)}} = \left( {0.25,\ 0.35,\ 0.15} \right),p_{\sigma{(3)}} = \left( {0.42,\ 0.18,\ 0.37} \right)}.$$ Then we can get $${A_{\sigma{(1)}} = \left\{ \left. G_{3} \right\} \right.,A_{1\sigma{(2)}} = \left\{ \left. {G_{1},G_{3}} \right\} \right.,A_{1\sigma{(4)}} = \left\{ \left. {G_{1},G_{2},G_{3}} \right\} \right.},$$ $${\rho_{A_{\sigma{(1)}}} = \rho_{G_{3}} = 0.36,\rho_{A_{\sigma{(2)}}} - \rho_{A_{\sigma{(1)}}} = \rho_{G_{1}G_{3}} - \rho_{G_{3}} = 0.38,\rho_{A_{\sigma{(3)}}} - \rho_{A_{\sigma{(2)}}} = \rho_{G_{2}G_{3}G_{4}} - \rho_{G_{1}G_{3}} = 0.26}.$$.
**Step 3.** Calculate the point operators of *p~i~* according to Definition 8 (Suppose $\alpha = 0.3,\beta = 0.4,\gamma = 0.1,n = 3$). Firstly, we can obtain $\pi_{p_{\sigma{(1)}}} = 1 - (0.25 + 0.35 + 0.15) = 0.25$, $\pi_{p_{\sigma{(2)}}} = 1 - (0.42 + 0.18 + 0.37) = 0.03,$ $\pi_{p_{\sigma{(3)}}} = 1 - (0.34 + 0.27 + 0.16) = 0.23$. Then we have $${F_{\alpha,\beta,\gamma}^{3}\left( p_{\sigma{(1)}} \right) = \left( {0.25 + 0.25 \times \frac{1 - 0.2^{3}}{0.8},0.35 + 0.25 \times \frac{1 - 0.2^{3}}{0.8},0.15 + 0.25 \times \frac{1 - 0.2^{3}}{0.8}} \right) = \left( {0.56,0.66,0.46} \right)},$$ $${F_{\alpha,\beta,\gamma}^{3}\left( p_{\sigma{(2)}} \right) = \left( {0.42 + 0.03 \times \frac{1 - 0.2^{3}}{0.8},0.18 + 0.03 \times \frac{1 - 0.2^{3}}{0.8},0.37 + 0.03 \times \frac{1 - 0.2^{3}}{0.8}} \right) = \left( {0.46,0.22,0.41} \right)},{F_{\alpha,\beta,\gamma}^{3}\left( p_{\sigma{(3)}} \right) = \left( {0.34 + 0.23 \times \frac{1 - 0.2^{3}}{0.8},0.27 + 0.23 \times \frac{1 - 0.2^{3}}{0.8},0.16 + 0.23 \times \frac{1 - 0.2^{3}}{0.8}} \right) = \left( {0.63,0.56,0.45} \right)}$$
**Step 4.** Utilize the $PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},p_{3}} \right)$ operator to aggregate the three PFNs and get the aggregated *p* as follows:$${p = {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)F_{\alpha_{i,}\beta_{i},\gamma_{i}}^{n}\left( p_{\sigma{(i)}} \right)}}}{= \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}}}} \right),{\prod\limits_{i = 1}^{m}\left( \eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{} \right)^{\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}}},{\prod\limits_{i = 1}^{m}\left( v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{} \right)^{\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}}}} \right)}{= \left( {\left( {1 - \left( {1 - 0.56} \right)^{0.36} \times \left( {1 - 0.46} \right)^{0.38} \times \left( {1 - 0.63} \right)^{0.26}} \right),0.66^{0.36} \times 0.22^{0.38} \times 0.56^{0.26},0.46^{0.36} \times 0.41^{0.38} \times 0.45^{0.26}} \right)}.$$
Example 2 gives a detailed portrait of the $PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},p_{3}} \right)$ operator. It should be pointed out that the $PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},p_{3}} \right)$ operator includes a reorder step and it is similar to the famous ordered weighted averaging (OWA) operator. In the following, we discuss some properties of the above PFPCA operators.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs. Taking* $k \succ 0,$ *then* $${PFPCAD_{\alpha,\beta}^{n}\left( {kp_{1},kp_{2},\ldots,kp_{m}} \right) = kPFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {kp_{1},kp_{2},\ldots,kp_{m}} \right) = kPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {kp_{1},kp_{2},\ldots,kp_{m}} \right) = kPFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}.$$
We prove the Equation (50) holds for all *m*, and the others can be proved analogously.
By the operational law in [Section 2.2](#sec2dot2-ijerph-15-01718){ref-type="sec"}, we have $${kp_{i} = \left( {1 - \left( {1 - \mu_{i}} \right)^{k},\eta_{i}{}^{k},v_{i}{}^{k}} \right)}\ $$ and $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {kp_{1},kp_{2},\ldots,kp_{m}} \right) = \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{k{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}}^{k{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{k{\widetilde{\omega}}_{i}}}} \right)},$$ and hence $$\begin{array}{ll}
{kPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) =} & {k\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{k{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)} \\
& \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{k{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{k{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{k{\widetilde{\omega}}_{i}}}} \right) \\
& {= PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {kp_{1},kp_{2},\ldots,kp_{m}} \right)} \\
\end{array}.$$
Therefore, Equation (50) holds, which completes the proof. ☐
*Let p~i~ and q~i~ be two collections of PFNs, then* $${PFPCAD_{\alpha,\beta}^{n}\left( {p_{1} \oplus q_{1},p_{2} \oplus q_{2},\ldots,p_{n} \oplus q_{m}} \right)}{= PFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \oplus \cdots \oplus PFPCAD_{\alpha,\beta}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)}$$ $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1} \oplus q_{1},p_{2} \oplus q_{2},\ldots,p_{n} \oplus q_{m}} \right)}{= PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \oplus \cdots \oplus PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)}$$ $${PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1} \oplus q_{1},p_{2} \oplus q_{2},\ldots,p_{n} \oplus q_{m}} \right)}{= PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \oplus \cdots \oplus PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)}$$
We prove the Equation (53) holds for all *m*, and the others can be proved analogously.
By the operational law in [Section 2.2](#sec2dot2-ijerph-15-01718){ref-type="sec"}, we have $${p_{i} \oplus q_{i} = \left( {\mu_{p_{i}} + \mu_{q_{i}} - \mu_{p_{i}}\mu_{q_{i}},\eta_{p_{i}}\eta_{q_{i}},v_{p_{i}}v_{q_{i}}} \right)},$$ $$\begin{array}{l}
{PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1} \oplus q_{1},p_{2} \oplus q_{2},\ldots,p_{n} \oplus q_{m}} \right)} \\
\left. {= \left( {\left( {1 - {\prod\limits_{i = 1}^{m}{\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}} \right)^{{\widetilde{\omega}}_{i}}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}} \right)^{{\widetilde{\omega}}_{i}}}}} \right),} \right.}{{\prod\limits_{i = 1}^{m}{\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}}},{\prod\limits_{i = 1}^{m}{v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}}}} \right) \\
\end{array},$$ $$\begin{array}{l}
{PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \oplus PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)} \\
\left. {= \left( {1 - {\prod\limits_{i = 1}^{m}{\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}} \right)^{{\widetilde{\omega}}_{i}}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}} \right)^{{\widetilde{\omega}}_{i}}}},} \right.}{{\prod\limits_{i = 1}^{m}{\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}}},{\prod\limits_{i = 1}^{m}{\nu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}\nu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{{}_{\sigma{(i)}}})}}^{{\widetilde{\omega}}_{i}}}}} \right) \\
{= PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \oplus PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)} \\
\end{array}.$$
Therefore, Equation (53) holds, which completes the proof. ☐
*(Idempotency). If* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)$ *are equal, i.e.,* $p_{i} = p = \left( {\mu,\eta,v} \right)$ *for all i, then* $${PFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = D_{\alpha,\beta}^{n}},$$ $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = F_{\alpha,\beta,\gamma}^{n}},$$ $${PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = G_{\alpha,\beta,\gamma}^{n}}.$$
We prove the Equation (56) holds for all *m*, and the others can be proved analogously.
Since $p_{i} = p = \left( {\mu,\eta,v} \right)$ for all *i*, then $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)}{= \left( {1 - \left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}}} \right)^{\sum\limits_{i = 1}^{m}\omega_{i}},\left( \eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}} \right)^{\sum\limits_{i = 1}^{m}\omega_{i}},\left( v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}} \right)^{\sum\limits_{i = 1}^{m}\omega_{i}}} \right) = \left( {1 - \left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}}} \right),\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}},v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}}} \right)}{= \left( {\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}},\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}},v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p)}}} \right) = F_{\alpha,\beta,\gamma}^{n}}.$$ ☐
*(Monotonicity) Let* $p_{i} = \left( {\mu_{p_{i}},\eta_{p_{i}},v_{p_{i}}} \right)$ *and* $q_{i} = \left( {\mu_{q_{i}},\eta_{q_{i}},v_{q_{i}}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be two collections of PFN. If* $\mu_{p_{i}} \leq \mu_{q_{i}},\eta_{p_{i}} \geq \eta_{q_{i}}$ *and* $v_{p_{i}} \geq v_{q_{i}}$ *holds for all i* $\left( {i = 1,2,\ldots,m} \right)$ *, then* $${PFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq PFPCAD_{\alpha,\beta}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)},$$ $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)},$$ $${PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)}.$$
We prove the Equation (59) holds for all *m*, and the others can be proved analogously.
By Theorem 6, we get $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right),}{PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right) = \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)}.$$
Since $\mu_{p_{i}} \leq \mu_{q_{i}}$ and $v_{p_{i}} \geq v_{q_{i}}$, we can get $${\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right) \leq \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right)}\ $$ and $${{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} \geq {\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} \geq {\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(q_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}}.$$
By Definition 6, we get $PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)$. ☐
*(Boundedness) Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, then* $${d_{D_{\alpha,\beta}^{n}}^{-} \leq PFPCAD_{\alpha,\beta}^{n} \leq d_{D_{\alpha,\beta}^{n}}^{+}},$$ $${d_{F_{\alpha,\beta,\gamma}^{n}}^{-} \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq d_{F_{\alpha,\beta,\gamma}^{n}}^{+}},$$ $${d_{G_{\alpha,\beta,\gamma}^{n}}^{-} \leq PFPCAG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq d_{G_{\alpha,\beta,\gamma}^{n}}^{+}},$$ *where* $d_{\Delta}^{+} = \left( {\underset{i}{max}\left( \mu_{\Delta} \right),\underset{i}{min}\left( v_{\Delta} \right)} \right)$ *and* $d_{\Delta}^{-} = \left( {\underset{i}{min}\left( \mu_{\Delta} \right),\underset{i}{max}\left( v_{\Delta} \right)} \right)$ *and* $\Delta$ *denotes* $D_{\alpha,\beta}^{n},F_{\alpha,\beta,\gamma}^{n},$ $G_{\alpha,\beta,\gamma}^{n}.$
We prove the Equation (62) holds for all *m*, and the others can be proved analogously.
From Theorem 6, we can get $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)}.$$
By the definition of $d_{F_{\xi,\zeta}^{n}}^{+},d_{F_{\xi,\zeta}^{n}}^{-}$ we can get $${1 - {\prod\limits_{i = 1}^{m}\left( {1 - min\left( \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} \right)} \right)^{{\widetilde{\omega}}_{i}}} \leq 1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}} \leq 1 - {\prod\limits_{i = 1}^{m}\left( {1 - max\left( \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} \right)} \right)^{{\widetilde{\omega}}_{i}}}}{FPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{-},p_{2}^{-},\ldots,p_{m}^{-}} \right) \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq FPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{+},p_{2}^{+},\ldots,p_{m}^{+}} \right)}.$$
By Definition 7, we get $d_{F_{\alpha,\beta,\gamma}^{n}}^{-} \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \leq d_{F_{\alpha,\beta,\gamma}^{n}}^{+}$. ☐
By giving different values of the parameters, we get the following special cases.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, then* *(1)* *If* $\omega_{i} = {\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ *then the series of PFPCA operators are all reduced to the series of picture fuzzy point averaging (PFPWA) operators. In particular, if* $m_{i} = \frac{1}{m},\left( {i = 1,2,\ldots,m} \right),$ *then PFPCA operators is reduced to a picture fuzzy averaging (PFA) operator, which is defined as:* $${PFA = \left( {\sqrt{1 - \left( {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{i}^{2}} \right)} \right)^{1/m}},\left( {\prod\limits_{i = 1}^{m}\eta_{i}} \right)^{1/m},\left( {\prod\limits_{i = 1}^{m}v_{i}} \right)^{1/m}} \right).}\ $$*(2)* *If* $n = 0,{\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ *and* $\rho\left( A \right) = {\sum\limits_{i = 1}^{|A|}{\widetilde{\omega}}_{i}}$ *for all* $A \subseteq X,$ *where* $\left| A \right|$ *is the number of the elements in set A,* $\widetilde{\omega} = \left( {{\widetilde{\omega}}_{1},{\widetilde{\omega}}_{2},\cdots{\widetilde{\omega}}_{m}} \right)^{T},$ ${\widetilde{\omega}}_{i} \in \left\lbrack {0,1} \right\rbrack,{\sum_{i = 1}^{m}{\widetilde{\omega}}_{i}} = 1$ *, then the PFPCA operator is reduced to a picture fuzzy order-weighted averaging (PFOWA) operator defined by Garg \[[@B13-ijerph-15-01718]\].(3)* *If* $n = 0,{\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ *then the series of PFPCA operators are all reduced to the series of picture fuzzy weighted averaging (PFWA) operators defined by Garg \[[@B13-ijerph-15-01718]\].*
4.2. Picture Fuzzy Point--Choquet Geometric Operator {#sec4dot2-ijerph-15-01718}
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*Let Ω be the set of all PFNs, and* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, taking* $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack$ *. Then we define the series of PFPCG operators:* $\left. \Omega^{m}\rightarrow\Omega \right.$ *, if* $${F\left( C_{4} \right){\int{pd}}\rho = PFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = {\prod\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)D_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ $${F\left( C_{5} \right){\int{pd}}\rho = PFPCGF_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = {\prod\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)F_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ $${F\left( C_{6} \right){\int{pd}}\rho = PFPCGG_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = {\prod\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)G_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)}}},$$ *where* $\sigma(i)$ *denotes a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},$ *and* $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right.,A_{\sigma{(0)}} = \phi.$
By operational laws defined in [Section 2.1](#sec2dot1-ijerph-15-01718){ref-type="sec"}, we can obtain the following theorem.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, and* $\sigma\left( i \right)$ *be a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},$ $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right.,A_{\sigma{(0)}} = \phi.$ *Taking* ${\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack$ *,* $\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1,$ *then the aggregated values by the series of PFPCG operators are also PFNs, and* $${PFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) =}\left. {\left\{ {{\prod\limits_{i = 1}^{m}\left( {\mu_{p_{\sigma{(i)}}} + \left( {1 - \gamma_{i} - \beta_{i}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{{\widetilde{\omega}}_{i}}},1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {\eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}} \right)} \right)^{{\widetilde{\omega}}_{i}}},} \right.{\prod\limits_{i = 1}^{m}\left( {1 - \left( {v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}} \right)} \right)^{{\widetilde{\omega}}_{i}}}} \right\}$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left( {{\prod\limits_{i = 1}^{m}\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},1 - {\prod\limits_{i = 1}^{m}\left( {1 - \eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}},1 - {\prod\limits_{i = 1}^{m}\left( {1 - v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right)}\ $$ *where* $${\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $$v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} = v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}$$ $$PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{p_{\sigma{(i)}}}\alpha_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{m}\left( {\eta_{p_{\sigma{(i)}}}\beta_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{m}\left( {v_{p_{\sigma{(i)}}}\gamma_{i}^{n}} \right)^{{\widetilde{\omega}}_{i}}}} \right)$$
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs. Taking* $k \succ 0$ *, then* $${PFPCGD_{\alpha,\beta}^{n}\left( {p_{1}^{k},p_{2}^{k},\ldots,p_{m}^{k}} \right) = \left( {PFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)} \right)^{k}},$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{k},p_{2}^{k},\ldots,p_{m}^{k}} \right) = \left( {PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)} \right)^{k}},$$ $${PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{k},p_{2}^{k},\ldots,p_{m}^{k}} \right) = \left( {PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)} \right)^{k}}.$$
*Let* $p_{i} = \left( {\mu_{p_{i}},\eta_{p_{i}},v_{p_{i}}} \right)$ *and* $q_{i} = \left( {\mu_{q_{i}},\eta_{q_{i}},v_{q_{i}}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be two collections of PFNs, then* $${PFPCGD_{\alpha,\beta}^{n}\left( {p_{1} \otimes q_{1},p_{2} \otimes q_{2},\ldots,p_{m} \otimes q_{m}} \right)}{= PFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \otimes PFPCGD_{\alpha,\beta}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)},$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1} \otimes q_{1},p_{2} \otimes q_{2},\ldots,p_{m} \otimes q_{m}} \right)}{= PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \otimes PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)},$$ $${PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1} \otimes q_{1},p_{2} \otimes q_{2},\ldots,p_{m} \otimes q_{m}} \right)}{= PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) \otimes PFPCGG_{\alpha,\beta,\gamma}^{n}\left( {q_{1},q_{2},\ldots,q_{m}} \right)}.$$
Parallel to Theorems 9--11, the series of PFPCG operators have properties similar to PFPCA operators such as idempotency, monotonicity, and boundedness under some conditions, which are omitted in order to save space. $${\omega_{i} = {\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right).}\ $$
4.3. Generalized Picture Fuzzy Point--Choquet Averaging Operator {#sec4dot3-ijerph-15-01718}
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*Let*$p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$*be a collection of PFNs, taking*$\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack,\lambda \succ 0$*, and*$\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1$*. Then we define a series of GPFPCA operators:* Ω^m^ → Ω*, if* $${F\left( C_{7} \right){\int{pd}}\rho = GPFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = \left( {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)\left( {D_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{\lambda}}} \right)^{1/\lambda}},$$ $${F\left( C_{8} \right){\int{pd}}\rho = GPFPCAF_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = \left( {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)\left( {F_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{\lambda}}} \right)^{1/\lambda}},$$ $${F\left( C_{9} \right){\int{pd}}\rho = GPFPCAG_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = \left( {\sum\limits_{i = 1}^{m}{\left( {\rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right)} \right)\left( {G_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}},\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{\lambda}}} \right)^{1/\lambda}}.$$ *where* $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right.,A_{\sigma{(0)}} = \phi,$ *and* $\sigma\left( i \right)$ *denotes a permutation of* $\left( {1,2,\ldots,m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}}.$
By operational laws defined in [Section 2.1](#sec2dot1-ijerph-15-01718){ref-type="sec"}, we can obtain the following theorem.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, and* $\sigma\left( i \right)$ *be a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ $A_{\sigma{(0)}} = \phi,$ $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right.,$ *and taking* ${\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack,$ $\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1$ *, then the aggregated values by the series of GPFPCA operators are also PFNs.*
\(1\) $$\begin{array}{l}
{GPFPCAD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) = \left\{ {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {\mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}},} \right.} \\
{1 - \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \eta_{p_{\sigma{(i)}}} - \left( {1 - \beta_{i}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{j}}}} \right)^{1/\lambda},\ \left. {1 - \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - v_{p_{\sigma{(i)}}} - \left( {1 - \gamma_{i}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{j}}}} \right)^{1/\lambda}} \right\}} \\
\end{array};$$
\(2\) $$\begin{array}{l}
{GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) =} \\
\left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma_{i}})}}^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{\frac{1}{\lambda}},1 - \left\lbrack {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma_{i}})}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\rbrack^{\frac{1}{\lambda}},1 - \left\lbrack {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma_{i}})}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\rbrack^{\frac{1}{\lambda}}} \right) \\
\end{array}$$ *where* $${\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} = v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}};$$
\(3\) $GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) =$ $$\left( {\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{p_{\sigma{(i)}}}^{\lambda}\alpha_{i}^{n\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{\frac{1}{\lambda}},1 - \left\lbrack {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \eta_{p_{\sigma{(i)}}}\beta_{i}^{n}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\rbrack^{\frac{1}{\lambda}},1 - \left\lbrack {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - v_{p_{\sigma{(i)}}}\gamma_{i}^{n}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\rbrack^{\frac{1}{\lambda}}} \right).$$
Parallel to Theorems 9--11, the series of GPFPCA operators have properties similar to PFPCA operators such as idempotency, monotonicity, and boundedness under some conditions, which are omitted in order to save space.
4.4. Generalized Picture Fuzzy Point--Choquet Geometric Ooperator {#sec4dot4-ijerph-15-01718}
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*Let*$p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$*be a collection of PFNs, taking*$\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack,\lambda \succ 0$*, and*$\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1$*. Then we define a series of GPFPCG operators:* Ω^m^ → Ω*, if* $${F\left( C_{10} \right){\int{pd}}\rho = GPFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = \frac{1}{\lambda}{\prod\limits_{i = 1}^{m}\left( {\lambda D_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{({\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}})}}},$$ $${F\left( C_{11} \right){\int{pd}}\rho = GPFPCGF_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = \frac{1}{\lambda}{\prod\limits_{i = 1}^{m}\left( {\lambda F_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{({\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}})}}},$$ $${F\left( C_{12} \right){\int{pd}}\rho = GPFPCGG_{\alpha_{,}\beta,\gamma}^{n}\left( {p_{1},p_{2}\cdots p_{m}} \right) = \frac{1}{\lambda}{\prod\limits_{i = 1}^{m}\left( {\lambda G_{\alpha_{\sigma{(i)},}\beta_{\sigma{(i)}}\gamma_{\sigma{(i)}}}^{n}\left( p_{\sigma{(i)}} \right)} \right)^{({\rho{(A_{\sigma{(i)}})} - \rho{(A_{\sigma{({i - 1})}})}})}}}.$$
Similarly, we can obtain the following theorem:
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, and* $\sigma\left( i \right)$ *be a permutation of* $\left( {1,2\cdots m} \right)$ *such that* $p_{\sigma{(1)}} \geq p_{\sigma{(2)}} \geq \cdots \geq p_{\sigma{(m)}},$ $G_{\sigma{(i)}}$ *is the attribute corresponding to* $p_{\sigma{(i)}},$ $A_{\sigma{(0)}} = \phi,$ *and* $A_{\sigma{(i)}} = \left\{ {G_{\sigma{(1)}},\cdots\left. G_{\sigma{(i)}} \right\}} \right..$ *Taking* ${\widetilde{\omega}}_{i} = \rho\left( A_{\sigma{(i)}} \right) - \rho\left( A_{\sigma{({i - 1})}} \right),$ $\alpha_{i},\beta_{i},\gamma_{i} \in \left\lbrack {0,1} \right\rbrack,$ $\alpha_{i} + \beta_{i} + \gamma_{i} \leq 1$ *, then the aggregated values by the series of GPFPCG operators are also PFNs, and*
\(1\) $$\begin{array}{l}
{GPFPCGD_{\alpha,\beta}^{n}\left( {p_{1},p_{2}\cdots p_{n}} \right) =} \\
\left\{ {1 - \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \mu_{p_{\sigma{(i)}}} - \left( {1 - \alpha_{i}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{1/\lambda},1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {\eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}},} \right. \\
\left. {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\} \\
\end{array};$$
\(2\) $$\begin{array}{l}
{GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = \left\{ {1 - \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \mu_{p_{\sigma{(i)}}} - \left( {1 - \alpha_{\sigma{(i)}}} \right)\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{1/\lambda},} \right.} \\
{1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {\eta_{p_{\sigma{(i)}}} + \beta_{\sigma{(i)}}\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}},\left. {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {v_{p_{\sigma{(i)}}} + \gamma_{\sigma{(i)}}\pi_{p_{\sigma{(i)}}}} \right)^{\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right\}} \\
\end{array},$$ *where* $${\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},{v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} = v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}};$$
\(3\) $$\begin{array}{l}
{GPFPCGG_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) =} \\
\left( {1 - \left\lbrack {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \left( {1 - \mu_{p_{{}_{\sigma{(i)}}}}\alpha_{{}_{i}}^{n}} \right)^{\lambda}} \right)^{\omega_{i}}}} \right\rbrack^{\frac{1}{\lambda}},\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \eta_{p_{{}_{\sigma{(i)}}}}^{\lambda}\beta_{{}_{i}}^{n\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{\frac{1}{\lambda}},\left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - v_{p_{{}_{\sigma{(i)}}}}^{\lambda}\gamma_{{}_{i}}^{n\lambda}} \right)^{{\widetilde{\omega}}_{i}}}} \right)^{\frac{1}{\lambda}}} \right) \\
\end{array}.$$
Parallel to Theorems 13--15, the series of GPFPCG operators have properties such as idempotency, monotonicity, and boundedness under some conditions, which are omitted in order to save space.
In fact, the correlations of these proposed aggregation operators can be further studied. Here, we take ${PFPCAF}_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ as an example.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, Then the operation of complement on them is as follows:* $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right) = PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)^{c}},$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right) = PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)^{c}},$$ $${GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right) = GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)^{c}},$$ $${GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right) = GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)^{c}}.$$
By Theorems 3--5, we can easily obtain the following theorems.
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, then the operation of the complement to aggregation operators is as follows:* $${\left\lbrack {PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right)} \right\rbrack^{c} = PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\left\lbrack {PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right)} \right\rbrack^{c} = PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\left\lbrack {GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right)} \right\rbrack^{c} = GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\left\lbrack {GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{c},p_{2}^{c},\ldots,p_{m}^{c}} \right)} \right\rbrack^{c} = GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}.$$
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, then* $${\lim\limits_{n\rightarrow\infty}PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = PFPCAD_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma},}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\lim\limits_{n\rightarrow\infty}PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = PFPCGD_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma},}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\lim\limits_{n\rightarrow\infty}GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = GPFPCAD_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma},}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${\lim\limits_{n\rightarrow\infty}GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = GPFPCGD_{\frac{\alpha}{\alpha + \beta + \gamma},\frac{\beta}{\alpha + \beta + \gamma},}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}.$$
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)$ *be a collection of PFNs, If* $\alpha_{i} = \frac{\mu_{p_{i}}}{\mu_{p_{i}} + \eta_{p_{i}} + v_{p_{i}}},\beta_{i} = \frac{\eta_{{}_{p_{i}}}}{\mu_{p_{i}} + \eta_{p_{i}} + v_{p_{i}}},$ $\gamma_{i} = \frac{v_{p_{i}}}{\mu_{p_{i}} + \eta_{p_{i}} + v_{p_{i}}},$ $\left( {i = 1,2,\ldots,m} \right)$ *then* $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = PFPCAF_{\alpha,\beta,\gamma}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = PFPCGF_{\alpha,\beta,\gamma}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = GPFPCAF_{\alpha,\beta,\gamma}\left( {p_{1},p_{2},\ldots,p_{m}} \right)},$$ $${GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{m}} \right) = GPFPCGF_{\alpha,\beta,\gamma}\left( {p_{1},p_{2},\ldots,p_{m}} \right)}.$$
In following, we discuss the differences and relationships between PFPCA, PFPCG, GPFPCA, and GPFPCG operators in detail.
In the case where $\lambda = 1,$ the GPFPCA operator reduces to the PFPCA operator in Definition 10, and the GPFPCG operator reduces to the PFPCG operator in Definition 11. On the other hand, the PFPCA operator is an arithmetic aggregation operator, and thus the PFPCG operator can be treated its geometric form. Similarly, GPFPCG operator is geometric form of GPFPCA operator. Since ${\prod\limits_{}^{m}{x_{i}{}^{\lambda_{i}}}} \leq {\sum\limits_{i = 1}^{m}{\lambda_{i}x_{i}}}$ when $x_{i} \succ 0,\lambda_{i} \succ 0,{\sum\limits_{i = 1}^{m}\lambda_{i}} = 1$, the relationships between the aggregated values obtained by the PFPCA, PFPCG, GPFPCA, and GPFPCG operators are shown as follows:
*Let* $p_{i} = \left( {\mu_{i},\eta_{i},v_{i}} \right)\left( {i = 1,2,\ldots,m} \right)$ *be a collection of PFNs, then* $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right) \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right)},$$ $${GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right) \leq GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right)},$$ $${PFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right) \leq GPFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right)},$$ $${GPFPCGF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right) \leq PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1}^{},p_{2}^{},\ldots,p_{m}^{}} \right)}.$$
Thus, we can conclude that the values obtained by the PFPCG operator are not bigger than the ones obtained by the PFPCA and GPFPCA. The values obtained by the GPFPCG operator are not bigger than the ones obtained by the PFPCA and GPFPCA operators for any value of $\lambda_{i} \succ 0$. Therefore, decision makers can select the four different operators according to their preferences and actual needs.
5. A New Method to Multiattribute Decision-Making with Picture Fuzzy Information {#sec5-ijerph-15-01718}
================================================================================
In the present section, we introduce a novel approach to MADM under the picture fuzzy environment. A typical MADM problem with picture fuzzy information can be described as: let $X = \left\{ {x_{1},x_{2},\ldots,x_{m}} \right\}$ be a set of alternatives, and $G = \left\{ {G_{1},G_{2},\ldots,G_{s}} \right\}$ be a set of attributes. Decision makers are organized to make decisions over alternatives. For attribute $G_{j}\left( {j = 1,2,\ldots,s} \right)$ of alternative $x_{i}\left( {i = 1,2,\ldots,m} \right)$, decision makers are required to use a PFN to express their preference information, which can be denoted as $p_{ij} = \left( {\mu_{ij},\eta_{ij},v_{ij}} \right)\left( {i = 1,2,\ldots,m;j = 1,2,\ldots,s} \right)$. Therefore, a picture fuzzy decision matrix can be obtained $P = \left( p_{ij} \right)_{m \times s}$. In the following, based on the picture fuzzy aggregation operators, a novel approach to solve this problem is introduced.
**Step 1.** Generally, there are two kinds of attributes: benefit attributes and cost attributes. Therefore, the decision matrix should be normalized in the decision matrix by $${p_{ij} = \left\{ \begin{array}{l}
{\left( {\mu_{ij},\eta_{ij},v_{ij}} \right)_{q}\quad G_{j} \in I_{1}} \\
{\left( {v_{ij},\eta_{ij},\mu_{ij}} \right)_{q}\quad G_{j} \in I_{2}} \\
\end{array} \right.},$$ where *I*~1~ represents benefit attributes and *I*~2~ represents cost attributes. Then a normalized decision matrix can be obtained.
**Step 2.** Identify the fuzzy measure of the attributes of *G*.
**Step 3.** Rearrange the PFNs in a descending order based on the score function $S_{p}$ by Definition 9 or accuracy function $H_{p}$ by Definition 10.
**Step 4.** For alternative $x_{i}\left( {i = 1,2,\ldots,m} \right)$, utilize the series of PFPCA operators, or the series of PFPCG operators, or the series of GPFPCA operators, or the series of GPFPCG operators to aggregate all the attributes values. Therefore, we can get overall values $p_{i}\left( {i = 1,2,\ldots,m} \right)$ of alternatives.
**Step 5.** Calculate scores of $p_{i}\left( {i = 1,2,\ldots,m} \right)$.
**Step 6.** Rank alternatives $x_{i}\left( {i = 1,2,\ldots,m} \right)$ according to the rank of the corresponding overall values.
6. Applications in Supporting the Hierarchical Medical Treatment System with the Proposed Approach {#sec6-ijerph-15-01718}
==================================================================================================
Air pollution is currently the principal issue in the field of environmental health and PM2.5 (fine particulate matter with a aerodynamic diameter of less than 2.5 μm) has become the most important air contaminant in most cities of China, increasing health risks to the Chinese population with respect to respiratory and lung system diseases. Abundant evidence has revealed that exposure to particulate matter air pollution increases the risk of lung cancer since particulate matter with hazardous substances can enter the human body through the respiratory system and is deposited into the lung, giving rise to the damage of pulmonary function. As the research results published in The Lancet \[[@B34-ijerph-15-01718],[@B35-ijerph-15-01718]\] show, among the risk factors affecting the burden of disease, ambient air pollution rank fourth as risk factor that contributed most to disability adjusted life-years. Air pollution has caused long-lasting adverse effects on respiratory health, and the adverse effect represents a substantial burden with regard to disease prevention and management.
Today, the number of patients with lung disease is soaring due to the above air pollution. In addition, China's grassroots medical services still leave much to be desired, which to some extent force patients with lung disease to rush to large hospitals even if they only have simple lung health issues. However, the number of patients exceeds the load capacity of the large hospitals, causing great pressure. Under such circumstances, the concept of a hierarchical medical treatment system in accordance with China's actual conditions by 2020 was introduced into the 13th Five Year Plan (2016--2020). Through the hierarchical medical treatment system, patients with different conditions can choose to go different levels of hospitals instead of all patients rushing to grade III, class A hospitals. Essentially, classifying the different degrees of diseases is a key step in pushing forward the hierarchical system. Therefore, in the present case analysis, we focus on classifying the different degrees of lung diseases to support the hierarchical medical system in China. The specific statement about the medical diagnosis problem is described as follows:
Suppose four patients, denoted by $x_{i}$ (*i* = 1, 2, 3, 4), who are possibly infected with lung diseases, need to be diagnosed and distributed according to hierarchical medical treatment system. The four patients are diagnosed from the following four symptoms (attributes) of the lung diseases: *G*~1~: vital signs, including heart rate, blood pressure, and so on; *G*~2~: body temperature (shivering and hyperthermia are two classical symptoms of pneumonia); *G*~3~: the frequency of cough; and *G*~4~: the frequency of hemoptysis. We invited a doctor who is an expert in lung diseases from a large central hospital. Then, the judgments provided by the doctor for the four patients with respect to the symptoms were represented by PFNs and the decision matrix is shown in [Table 1](#ijerph-15-01718-t001){ref-type="table"}.
With the above four diagnostic criteria for the lung diseases, the patient's condition can be judged by the doctor. According to the degree and urgency of lung diseases, patients can be distributed to different levels and types of hospitals. Patients with severe conditions should be treated in grade III, class A hospitals, and patients with less severe symptoms should be treated in grade II hospitals. Other common illnesses can be treated in local hospitals. As mentioned in [Section 2](#sec2-ijerph-15-01718){ref-type="sec"}, the proposed new decision-making method does not only control the certainty of doctor's decision data, but also deals with these situations where the decision data are correlative. Thus, the new decision-making method is suitable to be employed here.
6.1. Decision-Making Process {#sec6dot1-ijerph-15-01718}
----------------------------
\(1\) The decision-making steps based on the series of PFPCA operators
**Step 1.** As all the attributes (symptoms) are benefit attributes, the decision matrix does not need to be normalized.
**Step 2.** Identify the fuzzy measure of the *n* attributes of *G*. Suppose that the fuzzy measures of attributes of *G* are given as follows: $$\rho\left( G_{1} \right) = 0.2,\rho\left( G_{2} \right) = 0.3,\rho\left( G_{3} \right) = 0.2,\rho\left( G_{4} \right) = 0.4$$
The $\rho$-fuzzy measure is used to calculate the fuzzy measure of attribute sets. Firstly, according to Equation (19), the value of $\sigma$ is obtained: $\sigma = - 0.237,$ and then the fuzzy measures of attribute sets of $G = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\} \right.$ can be calculated by Equation (13), shown as follows:$${\rho\left( {G_{1},G_{2}} \right) = 0.486,\rho\left( {G_{1},G_{3}} \right) = 0.400,\rho\left( {G_{1},G_{4}} \right) = 0.580}{\rho\left( {G_{2},G_{4}} \right) = 0.680,\rho\left( {G_{3},G_{4}} \right) = 0.581,\rho\left( {G_{2},G_{3}} \right) = 0.486}{\rho\left( {G_{1},G_{2},G_{3}} \right) = 0.663,\rho\left( {G_{1},G_{2},G_{4}} \right) = 0.840,\rho\left( {G_{1},G_{3},G_{4}} \right) = 0.754}{\rho\left( {G_{2},G_{3},G_{4}} \right) = 0.840,\rho\left( {G_{1},G_{2},G_{3},G_{4}} \right) = 1.}$$
**Step 3.** According to [Table 1](#ijerph-15-01718-t001){ref-type="table"}, by score functions, rearrange the PFNs in descending order, shown as follows:$${p_{1\sigma{(1)}} = \left( {0.5,\ 0.3,0.1} \right),p_{1\sigma{(2)}} = \left( {0.5,\ 0.1,\ 0.3} \right),p_{1\sigma{(3)}} = \left( {0.2,\ 0.3,\ 0.4} \right),}{p_{1\sigma{(4)}} = \left( {0.6,\ 0.1,0.2} \right),}$$ $$p_{2\sigma{(1)}} = \left( {0.6,\ 0.3,\ 0.1} \right),p_{2\sigma{(2)}} = \left( {0.5,\ 0.2,\ 0.2} \right),p_{2\sigma{(3)}} = \left( {0.4,0.4,\ 0.1} \right),p_{2\sigma{(4)}} = \left( {0.7,\ 0.1,\ 0.2} \right),$$ $$p_{3\sigma{(1)}} = \left( {0.6,\ 0.2,\ 0.1} \right),p_{3\sigma{(2)}} = \left( {0.4,\ 0.1,\ 0.3} \right),p_{3\sigma{(3)}} = \left( {0.2,\ 0.2,0.3} \right),p_{3\sigma{(4)}} = \left( {0.4,\ 0.3,\ 0.3} \right),$$ $$p_{4\sigma{(1)}} = \left( {0.2,\ 0.3,\ 0.2} \right),p_{4\sigma{(2)}} = \left( {0.6,\ 0.1,\ 0.3} \right),p_{4\sigma{(3)}} = \left( {0.1,\ 0.3,\ 0.5} \right),p_{4\sigma{(4)}} = \left( {0.1,\ 0.2,0.6} \right).$$
Then we can get $${A_{1\sigma{(1)}} = \left\{ \left. G_{2} \right\} \right.,A_{1\sigma{(2)}} = \left\{ \left. {G_{2},G_{3}} \right\} \right.,A_{1\sigma{(3)}} = \left\{ \left. {G_{2},G_{3},G_{4}} \right\} \right.,A_{1\sigma{(4)}} = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\} \right.},$$ $${A_{2\sigma{(1)}} = \left\{ \left. G_{2} \right\} \right.,A_{2\sigma{(2)}} = \left\{ \left. {G_{2},G_{3}} \right\} \right.,A_{2\sigma{(3)}} = \left\{ \left. {G_{1},G_{2},G_{3}} \right\} \right.,A_{2\sigma{(4)}} = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\} \right.},$$ $$A_{3\sigma{(1)}} = \left\{ \left. G_{2} \right\} \right.,A_{2\sigma{(2)}} = \left\{ \left. {G_{2},G_{3}} \right\} \right.,A_{2\sigma{(3)}} = \left\{ \left. {G_{1},G_{2},G_{3}} \right\} \right.,A_{3\sigma{(4)}} = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\}, \right.$$ $$A_{4\sigma{(1)}} = \left\{ \left. G_{4} \right\} \right.,A_{4\sigma{(2)}} = \left\{ \left. {G_{1},G_{4}} \right\} \right.,A_{4\sigma{(3)}} = \left\{ \left. {G_{1},G_{3},G_{4}} \right\} \right.,A_{4\sigma{(4)}} = \left\{ \left. {G_{1},G_{2},G_{3},G_{4}} \right\} \right..$$
Taking patientas *x*~1~ an example, $${\rho_{1A_{\sigma{(1)}}} = \rho_{G_{2}} = 0.3,}{\rho_{1A_{\sigma{(2)}}} - \rho_{1A_{\sigma{(1)}}} = \rho_{G_{2}G_{3}} - \rho_{G_{2}} = 0.186,}$$ $${\rho_{1A_{\sigma{(3)}}} - \rho_{1A_{\sigma{(2)}}} = \rho_{G_{2}G_{3}G_{4}} - \rho_{G_{2}G_{3}} = 0.354,}{\rho_{1A_{\sigma{(4)}}} - \rho_{1A_{\sigma{(3)}}} = \rho_{G_{1}G_{2}G_{3}G_{4}} - \rho_{G_{2}G_{3}G_{4}} = 0.16}$$.
Thus, matrix of fuzzy measure is shown in [Table 2](#ijerph-15-01718-t002){ref-type="table"}:
**Step 4.** (Suppose $n = 1$) For patients $x_{i}\left( {i = 1,2,3,4} \right)$, utilize the series of $PFPCA$ operators to aggregate the all the attributes values. Therefore, we can get overall values $p_{i}$ of patients.
Without loss of generality, utilizing the $PFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ operator in Theorem 6 to aggregate we get $${p_{1} = \left( {0.547,0.201,0.281} \right),}{\ p_{2} = \left( {0.592,0.227,0.168} \right),}$$ $${p_{3} = \left( {0.462,0.283,0.314} \right),}{\ p_{4} = \left( {0.411,0.212,0.398} \right)}.$$
**Step 5.** Calculating scores of $p_{i}\left( {i = 1,2,3,4} \right)$ according to Definition 3, we can get $${s\left( p_{1} \right) = 0.266,}{s\left( p_{2} \right) = 0.424,}{s\left( p_{3} \right) = 0.148,}{s\left( p_{4} \right) = 0.013.}$$
Therefore, the rank of the overall values is $p_{2} \succ p_{1} \succ p_{3} \succ p_{4}.$
**Step 6.** The rank about the patients' conditions can be obtained according to the rank of $p_{i}$, which is $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$. Further, the patients can be classified according to the ranking.
Therefore, the condition of patient 2 is the most serious, which means that patient 2 should be treated in a grade III, class A hospital. Meanwhile, patient 4 should be treated in a local hospital since his condition is not so serious. On the basis of the availability of the ward, patients 1 and 3 can be referred to other different types of hospitals.
\(2\) The decision-making steps based on the series of GPFPCA operators
**Step 1.** As all the attributes are benefit attributes, the decision matrix does not need to be normalized.
**Step 2.** (Suppose *n* = 1, *λ* = 5) For patient *x~i~* (*i* = 1,2,3,4), utilize the series of GPFPCA operators to aggregate the all the attributes values. Therefore, we can get overall values $p_{i}$ of patients.
Without loss of generality, we utilize $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ in Theorem 16 to aggregate, and get $${p_{1} = \left( {0.575,0.443,0.265} \right),p_{2} = \left( {0.615,0.537,0.102} \right),}\ $$ $${p_{3} = \left( {0.506,0.415,0.289} \right),p_{4} = \left( {0.506,0.265,0.366} \right)}.$$
**Step 3.** Calculating scores of *p~i~* (*i* = 1,2,3,4) according to Definition 9, we can get $${s\left( p_{1} \right) = 0.311,}{s\left( p_{2} \right) = 0.513,}{s\left( p_{3} \right) = 0.217,}{s\left( p_{4} \right) = 0.140.}$$
Therefore, the rank of the overall values is $p_{2} \succ p_{1} \succ p_{3} \succ p_{4}$.
**Step 4.** The rank about the patients' conditions can be obtained according to the rank of $p_{i}$, which is $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$. Further, the patients can be classified according to the ranking.
Obviously, the ranking results of the two methods proposed in this paper are same. Thus, patient 2 should be treated in a grade III, class A hospital and patient 4 should be treated in a local hospital.
6.2. The Influence of the Parameter Vector λ on the Final Result {#sec6dot2-ijerph-15-01718}
----------------------------------------------------------------
The prominent characteristic of our proposed operators is not only efficiently control the certainty degree of PFS given by doctor but also model the medical diagnosis problem in a more flexible manner using an additional parameter. To reflect the influences of different values of parameter $\lambda$ on the results, we utilize different parameter values of $\lambda$ to rank the patients by the proposed $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ operator, and results are shown in [Table 3](#ijerph-15-01718-t003){ref-type="table"}.
From [Table 3](#ijerph-15-01718-t003){ref-type="table"}, we can know that performance of the patients counts on the values of the parameters $\lambda$ and the score values may be different for different parameters of $\lambda$ in the $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ operator. However, the ranking result for patients' conditions is always $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$. By further analysis, we can easily find that the score values by the $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ operator become bigger and bigger with increasing values of $\lambda$.
[Figure 1](#ijerph-15-01718-f001){ref-type="fig"} illustrates the scores of the patients' conditions by the $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$ operator as assigned different values. From [Figure 1](#ijerph-15-01718-f001){ref-type="fig"}, we can find that the scores of patient 3 are very close to those of patient 1 with increasing values of $\lambda$. It is easily find that that condition of patient 2 is always the most serious though the ranking results may be different for different parameters. Moreover, as the values of $\lambda$ become greater and greater, the score values of the patients' conditions are very close to the fixed values whatever the value of $\lambda$ is.
6.3. Comparative Analysis {#sec6dot3-ijerph-15-01718}
-------------------------
In order to further illustrate the effectiveness and advantages of the proposed method in this paper, we can evaluate the performance of our methods and compare it with the existing methods.
### 6.3.1. Validity Test {#sec6dot3dot1-ijerph-15-01718}
We can employ the following testing criteria \[[@B36-ijerph-15-01718]\] to evaluate the performance of our methods.
**Test criterion 1:** The most serious patient will not change when one of the serious patients is replaced with another slightly serious patient without changing the relative importance of each decision criteria;
**Test criterion 2:** An effective MCDM method should follow a transitive property;
**Test criterion 3:** A combined ranking of the patients should be the same as the ranking of original problem when we decompose an MCDM problem into smaller problems.
Thus, in order to test the stability of the patients' ranking under test criterion 1, we use a new decision matrix where diagnostic values of patients $p_{1}$, $p_{3}$, and $p_{4}$ are replaced by less serious ones denoted as ${\widetilde{p}}_{1}$, ${\widetilde{p}}_{3}$, and ${\widetilde{p}}_{4}$ respectively, which are determined by subtracting 0.1 from the original positive degree and adding 0.1 to negative degree of patients $p_{1}$, $p_{3}$, and $p_{4}$, respectively. The new decision matrix now is shown in [Table 4](#ijerph-15-01718-t004){ref-type="table"}:
We get $${{\widetilde{p}}_{1} = \left( {0.448,0.201,0.386} \right),}{{\widetilde{p}}_{2} = \left( {0.592,0.227,0.168} \right),}$$ $${{\widetilde{p}}_{3} = \left( {0.359,0.283,0.419} \right),}{{\widetilde{p}}_{4} = \left( {0.319,0.213,0.489} \right)}$$ and $s\left( {\widetilde{p}}_{1} \right) = 0.062,$ $s\left( {\widetilde{p}}_{2} \right) = 0.424,$ $s\left( {\widetilde{p}}_{3} \right) = - 0.06,$ $s\left( {\widetilde{p}}_{4} \right) = - 0.169$.
According to the scores of ${\widetilde{p}}_{i}$, we can get $x_{2} \succ {\widetilde{x}}_{1} \succ {\widetilde{x}}_{3} \succ {\widetilde{x}}_{4}$. Therefore, patient 2 is in the most serious condition again, which means that our method does not change the indication of the most serious patient when non-severe patients are replaced by other more serious patients.
On the other hand, we can also add a new alternative $p_{5}$ that is in less serious condition than $p_{2}$ to test criterion 1. The alternative $p_{5}$ is obtained by subtracting 0.1 from the original positive degree and adding 0.1 to negative degree of patient $p_{2}$. Then we use the proposed method in Theorem 6 to rank $p_{i}$ (*i* = 1, 2, 3, 4, 5). We get $p_{5} = \left( {0.271,0.328,0.232} \right)$ and $s\left( p_{5} \right) = 0.039$. According to the scores of $p_{5}$, we can get $x_{2} \succ x_{1} \succ x_{3} \succ x_{5} \succ x_{4}$, which means that the indication of patient remains unchanged when adding a new alternative.
Hence, the proposed approach is effective under test criterion 1.
In order to test the validity of our method under criterion 2 and test criterion 3, we decompose the original problem into three subproblems $\left\{ {p_{1},p_{2},p_{3}} \right\},\left\{ {p_{2},p_{3},p_{4}} \right\}$ and $\left\{ {p_{1},p_{3},p_{4}} \right\}.$ Then we use same approach to solve subproblems and get the ranking corresponding to each subproblem is $x_{2} \succ x_{1} \succ x_{3},$ $x_{2} \succ x_{3} \succ x_{4}$ and $x_{1} \succ x_{3} \succ x_{4}$ respectively. Then a combined ranking of the patients' condition is $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$ which is identical to the original overall ranking of the un-decomposed problem. Therefore, the proposed method is valid under test criterion 2 and test criterion 3.
### 6.3.2. The Advantages of the Proposed Method {#sec6dot3dot2-ijerph-15-01718}
To verify the effectiveness and advantages of our methods, we solve the same illustrative example by using different MADM methods including the PFWA operator, the picture fuzzy hybrid averaging (PFHA) operator, the picture fuzzy Einstein weighted average (PFEWA) operator in \[[@B13-ijerph-15-01718]\], and the picture fuzzy weighted geometric (PFWG) and picture fuzzy hybrid geometric (PFHG) operators in \[[@B12-ijerph-15-01718]\]. The ranking results are shown in [Table 5](#ijerph-15-01718-t005){ref-type="table"}.
From [Table 5](#ijerph-15-01718-t005){ref-type="table"}, we find that there are two final rankings obtained for the different eight operators; seven of them (PFHA, PFWG, PFHG, PFEWA, $PFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n},PFPCGF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$, $GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$) produce the same ranking result, i.e., $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$ and two of them (PFWA and $GPFPCGF_{\alpha,\beta,\gamma}^{n}$) produce a different ranking result, i.e., $x_{2} \succ x_{3} \succ x_{1} \succ x_{4}$. Through the ranking results may be slightly different by the above MADM methods, the condition of patient 2 is always the most serious and thus should be treated in a grade III, class A hospital, and patient 4 should be treated in a local hospital. This fact verifies that the new method we proposed is effective.
In the following, we compare our proposed operators with the existing operators, such as PFWA, the picture fuzzy order weighted average (PFOWA) operator, PFHA, PFEWA, picture fuzzy Hammer weighted averaging (PFHWA) operator in \[[@B13-ijerph-15-01718]\], and PFWG, the picture fuzzy order weighted geometric (PFOWG) operator, PFHG, in \[[@B12-ijerph-15-01718]\], and the results are shown in [Table 6](#ijerph-15-01718-t006){ref-type="table"}.
From [Table 6](#ijerph-15-01718-t006){ref-type="table"}, we can find our operators have the following superiorities compared with the existing operators introduced in \[[@B12-ijerph-15-01718],[@B13-ijerph-15-01718]\]:(1)Compared with PFWA and PFWG in \[[@B12-ijerph-15-01718],[@B13-ijerph-15-01718]\], the new proposed methods are more general and flexible than those provided in the existing literature.(2)It should also be noted that the methods introduced in \[[@B12-ijerph-15-01718],[@B13-ijerph-15-01718]\] are only based on the original information, and thus cannot control the certainty degree, while the new proposed methods can redistribute the membership or non-membership in PFNs according to different principles and thus can get more intensive information from the original PFS.(3)From [Table 6](#ijerph-15-01718-t006){ref-type="table"}, it can be concluded that aggregation operators introduced in \[[@B12-ijerph-15-01718],[@B13-ijerph-15-01718]\] cannot consider correlations among arguments, but the proposed aggregation operators can efficiently take the various interactions among the decision criteria into account. Furthermore, when changing the parameter *λ*, different scores are acquired shown as in [Table 3](#ijerph-15-01718-t003){ref-type="table"}, which makes decision making more flexible and can meet the needs of different types of decision makers.
Based on the comparisons and analysis above, the methods proposed in this paper can not only control the certainty of the decision data, but also deal with situations where the decision data are correlative. Thus, the proposed approaches in this paper are superior compared with other methods.
7. Conclusions {#sec7-ijerph-15-01718}
==============
The hierarchical medical treatment system is an efficient way to integrate all levels of medical service system resources and release the pressure of large hospitals in China. In order to divide patients under different conditions into different levels of hospitals in the hierarchical medical treatment system, doctors need to make scientific assessments of patient's condition based on their personal experience. In this paper, we proposed a framework to the MADM problem under the picture fuzzy environment. The analytical results show that the new approach is applicable and operational in medical diagnosis, which provides convenience for supporting the hierarchical medical treatment system in China.
There are several main contributions of this work. Firstly, it defined some point operators under picture fuzzy environment to reduce the uncertainty of doctor's diagnosis data. By the point operators, the PFNs are translated into other PFNs, which can express more intensive information. Secondly, this paper proposed a new class of picture fuzzy point--Choquet operators including the PFPCA, PFPCG, GPFPCA, and GPFPCG operators, which can not only reduce the uncertainty of doctor's diagnosis data, but also deal with these situations where the decision criteria (symptoms) are correlative. Thirdly, it provided a novel approach to divide patients under different conditions into different levels of hospitals based on the developed operators. Fourthly, the proposed approach has a wide range of applications and can be further applied to other MADM problems, such as pilot hospital selection, supplier selection, emergency decision making, and so on.
Although the proposed model serves better from both theoretical and practical perspectives, this research still has some deficiencies. For instance, there are four parameters in the proposed model and different parameters may lead to different results, while this paper only discusses the influences of different values of parameter $\lambda$ on results. Thus, an interesting topic worthy of further study in the future is to determine the optimal parameter combination of the proposed operators. Patient condition partially depends on doctor's judgment, which may be a little subjective when making decisions. Thus, in future study, we will consider utilizing probability theory, such as the probabilistic Pythagorean fuzzy set \[[@B37-ijerph-15-01718]\], the proportional hesitant fuzzy set \[[@B38-ijerph-15-01718]\], and the probabilistic interval-valued intuitionistic hesitant fuzzy set \[[@B39-ijerph-15-01718]\] to express doctor judgments.
R.Z. provided overall instructions of manuscript drafting and revised the manuscript. Y.X. proposed the idea and drafted the initial manuscript. X.S. and J.W. did the relevant literature review, and revised the manuscript. X.Z. finally checked the manuscript. All authors read and approved the final manuscript.
This work was partially supported by a Key Project of National Natural Science Foundation of China (NSFC) with grant number 71532002 and 61702023, Fundamental Research Funds for the Central Universities (No. 2017YJS067).
The authors declare no conflict of interest.
We prove Equation (28) holds for all *n*, and the others can be proved analogously.
From Definition 5, we get $F_{\alpha,\beta,\gamma}\left( p \right)$, transform a PFN into another PFN, and $${\pi_{F_{\alpha,\beta,\gamma}^{n}} = 1 - \left( {\mu_{p} + \alpha\pi_{p}} \right) - \left( {\eta_{p} + \beta\pi_{p}} \right) - \left( {v_{p} + \gamma\pi_{p}} \right) = \left( {1 - \mu_{p} - \eta_{p} - v_{p}} \right)\left( {1 - \alpha - \beta - \gamma} \right)}{= \pi_{p}\left( {1 - \alpha - \beta - \gamma} \right)}$$
Since $F_{\alpha,\beta,\gamma}^{2}\left( p \right) = F_{\alpha,\beta,\gamma}\left( {F_{\alpha,\beta,\gamma}\left( p \right)} \right)$, we have $$F_{\alpha,\beta,\gamma}^{2}\left( p \right) = F_{\alpha,\beta,\gamma}\left( {F_{\alpha,\beta,\gamma}\left( p \right)} \right) = \left\{ {\left( {\mu_{p} + \alpha\pi_{p} + \alpha\pi_{F_{\alpha,\beta,\gamma}^{}}} \right),\left( {\eta_{p} + \beta\pi_{p} + \beta\pi_{F_{\alpha,\beta,\gamma}^{}}} \right),\left( {v_{p} + \gamma\pi_{p} + \gamma\pi_{F_{\alpha,\beta,\gamma}^{}}} \right)} \right\}.$$
Thus $${\pi_{F_{\xi,\zeta}^{2}{(\gamma)}} = \left( {1 - \left\lbrack {\mu_{p} + \alpha\pi_{p} + \alpha\pi_{F_{\alpha,\beta,\gamma}^{}}} \right\rbrack - \left\lbrack {\eta_{p} + \beta\pi_{\gamma}^{q} + \beta\pi_{F_{\alpha,\beta,\gamma}^{}}} \right\rbrack - \left\lbrack {v_{p} + \gamma\pi_{\gamma}^{q} + \gamma\pi_{F_{\alpha,\beta,\gamma}^{}}} \right\rbrack} \right)}{= \left( {\left( {1 - \mu_{p} - \eta_{p} - v_{p}} \right) - \left( {\alpha + \beta + \gamma} \right)\pi_{p} - \left( {\alpha + \beta + \gamma} \right)\left( {1 - \alpha - \beta - \gamma} \right)\pi_{p}} \right)}{= \pi_{p}\left( {1 - \alpha - \beta - \gamma} \right)^{2}}$$.
Since $F_{\alpha,\beta,\gamma}^{3}\left( p \right) = F_{\alpha,\beta,\gamma}\left( {F_{\alpha,\beta,\gamma}^{2}\left( p \right)} \right)$, we have $${F_{\alpha,\beta,\gamma}^{3}\left( p \right) = F_{\alpha,\beta,\gamma}\left( {F_{\alpha,\beta,\gamma}^{2}\left( p \right)} \right) = \left\{ {\left( {\mu_{p} + \alpha\pi_{p} + \alpha\left( {1 - \alpha - \beta - \gamma} \right)\pi_{p} +} \right) + \alpha\left( {1 - \alpha - \beta - \gamma} \right)^{2}\pi_{p},} \right.}{\left( {\eta_{p} + \beta\pi_{p} + \beta\left( {1 - \alpha - \beta - \gamma} \right)\pi_{p}} \right) + \beta\left( {1 - \alpha - \beta - \gamma} \right)^{2}\pi_{p},}\left. {\left( {v_{p} + \gamma\pi_{p} + \gamma\left( {1 - \alpha - \beta - \gamma} \right)\pi_{p}} \right) + \gamma\left( {1 - \alpha - \beta - \gamma} \right)^{2}\pi_{p}} \right\}$$ and $\pi_{F_{\alpha,\beta,\gamma}^{3}{(p)}} = \pi_{p}\left( {1 - \alpha - \beta - \gamma} \right)^{3}$.
Similarly, we have $$\begin{array}{l}
{F_{\alpha,\beta,\gamma}^{n}\left( p \right) = F_{\alpha,\beta,\gamma}\left( {F_{\alpha,\beta,\gamma}^{n - 1}\left( p \right)} \right)} \\
{= \left\{ {\left( {\left( {\mu_{p} + \alpha\pi_{p} + \left( {1 - \alpha - \beta - \gamma} \right)\alpha\pi_{p}} \right) + \left( {1 - \alpha - \beta - \gamma} \right)^{2}\alpha\pi_{p} + \cdots + \left( {1 - \alpha - \beta - \gamma} \right)^{n - 1}\alpha\pi_{p}} \right),} \right.} \\
{\left( {\eta_{p} + \beta\pi_{p} + \left( {1 - \alpha - \beta - \gamma} \right)\beta\pi_{p}} \right) + \left( {1 - \alpha - \beta - \gamma} \right)^{2}\phi\pi_{p} + \cdots + \left( {1 - \alpha - \beta - \gamma} \right)^{n - 1}\beta\pi_{p},} \\
\left. \left( {\left( {v_{p} + \gamma\pi_{p} + \left( {1 - \alpha - \beta - \gamma} \right)\gamma\pi_{p}} \right) + \left( {1 - \alpha - \beta - \gamma} \right)^{2}\gamma\pi_{p} + \cdots + \left( {1 - \alpha - \beta - \gamma} \right)^{n - 1}\gamma\pi_{p}} \right) \right\} \\
{= {\left\{ {\mu_{p} + \alpha\pi_{p}\frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma},\eta_{p} + \beta\pi_{p}\frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma},v_{p} + \gamma\pi_{p}\frac{1 - \left( {1 - \alpha - \beta - \gamma} \right)^{n}}{\alpha + \beta + \gamma}} \right\}.}} \\
\end{array}$$.
Therefore, Equation (28) holds, which completes the proof. ☐
We prove the Equation (47) holds for all *m*, and the others can be proved analogously.
(i) We first prove $PFPCAF_{\alpha,\beta,\gamma}^{n}$ is also a PFN.
As $0 \leq \mu_{i},\eta_{i},v_{i} \leq 1,$ $0 \leq \mu_{i} + \eta_{i} + v_{i} \leq 1$, and $${\mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}} = \mu_{p_{\sigma{(i)}}} + \alpha_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}},}\ $$ $${\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = \eta_{p_{\sigma{(i)}}} + \beta_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}},$$ $${v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}} = v_{p_{\sigma{(i)}}} + \gamma_{i}\pi_{p_{\sigma{(i)}}}\frac{1 - \left( {1 - \alpha_{i} - \beta_{i} - \gamma_{i}} \right)^{n}}{\alpha_{i} + \beta_{i} + \gamma_{i}}}.$$
Thus $0 \leq {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)}^{{\widetilde{\omega}}_{i}} \leq 1$, we get $$0 \leq \left( {1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)}^{{\widetilde{\omega}}_{i}}} \right) \leq 1\ {and}\ 0 \leq {\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} \leq 1$$
Again $$\begin{array}{l}
{1 - {\prod\limits_{i = 1}^{m}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}}} \right)}^{{\widetilde{\omega}}_{i}} + {\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}}^{{\widetilde{\omega}}_{i}}} + {\prod\limits_{i = 1}^{m}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}}^{{\widetilde{\omega}}_{i}}} \leq} \\
{1 - {\prod\limits_{i = 1}^{m}\left( {1 - \eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}} - \nu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} \right)}^{{\widetilde{\omega}}_{i}} + {\prod\limits_{i = 1}^{m}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} + {\prod\limits_{i = 1}^{m}\nu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}} = 1} \\
\end{array}$$.
Hence, $PFPCAF_{\alpha,\beta,\gamma}^{n}$ is a PFN according to Definition 5.
(ii) Next, we prove Equation (47) by using mathematical induction on $m$.
When $m = 2$, by the operational law (18) and (19) in [Section 2.2](#sec2dot2-ijerph-15-01718){ref-type="sec"}, we have $$\begin{matrix}
{PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2}} \right) = {\widetilde{\omega}}_{1}p_{1} \oplus {\widetilde{\omega}}_{2}p_{2}} \\
{= \left( {\left( {1 - \left( {1 - \mu_{F_{\alpha_{1},\beta_{1}\gamma_{1}}^{n}{(p_{1})}}} \right)^{{\widetilde{\omega}}_{1}}} \right),\eta_{F_{\alpha_{1},\beta_{1},\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}},v_{F_{\alpha_{1},\beta_{1}\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}}} \right) \oplus \left( {\left( {1 - \left( {1 - \mu_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}} \right)^{{\widetilde{\omega}}_{{}_{2}}}} \right),\eta_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{1}},v_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{2}}} \right)} \\
{= \left\{ \left( {1 - \left( {1 - \mu_{F_{\alpha_{1},\beta_{1}\gamma_{1}}^{n}{(p_{1})}}} \right)^{{\widetilde{\omega}}_{1}} + 1 - \left( {1 - \mu_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}} \right)^{{\widetilde{\omega}}_{{}_{2}}} - \left( {1 - \left( {1 - \mu_{F_{\alpha_{1},\beta_{1}\gamma_{1}}^{n}{(p_{1})}}} \right)^{{\widetilde{\omega}}_{1}}} \right)\left( {1 - \left( {1 - \mu_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}} \right)^{{\widetilde{\omega}}_{{}_{2}}}} \right)} \right) \right.,} \\
{\eta_{F_{\alpha_{1},\beta_{1},\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}}\eta_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{1}},\left. {v_{F_{\alpha_{1},\beta_{1},\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}}v_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{2}}} \right\}} \\
{= \left( {1 - \left( {1 - \mu_{F_{\alpha_{1},\beta_{1}\gamma_{1}}^{n}{(p_{1})}}} \right)^{{\widetilde{\omega}}_{1}}\left( {1 - \mu_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}} \right)^{{\widetilde{\omega}}_{{}_{2}}},\eta_{F_{\alpha_{1},\beta_{1},\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}}\eta_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{1}},\left. {v_{F_{\alpha_{1},\beta_{1},\gamma_{1}}^{n}{(p_{1})}}^{{\widetilde{\omega}}_{1}}v_{F_{\alpha_{2},\beta_{2},\gamma_{2}}^{n}{(p_{2})}}^{{\widetilde{\omega}}_{2}}} \right\}} \right)} \\
{= \left( {1 - {\prod\limits_{i = 1}^{2}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{2}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{2}\nu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)} \\
\end{matrix}.$$
Thus, result is true for $m = 2$.
If Equation (47) holds for $m = k$, that is $${PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{k}} \right) =}{\left( {1 - {\prod\limits_{i = 1}^{k}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{k}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{k}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right),}$$ then, when $m = k + 1$, by the operational laws (7) and (9) in [Section 2.2](#sec2dot2-ijerph-15-01718){ref-type="sec"}, we have $$\begin{array}{l}
{PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{k + 1}} \right) = PFPCAF_{\alpha,\beta,\gamma}^{n}\left( {p_{1},p_{2},\ldots,p_{k}} \right) \oplus {\widetilde{\omega}}_{k + 1}F_{\alpha,\beta,\gamma}^{n}\left( p_{k + 1} \right)} \\
{= \left( {1 - {\prod\limits_{i = 1}^{k}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{k}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{k}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right)} \\
{ \oplus \left( {1 - \left( {1 - \mu_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{\sigma{({k + 1})}})}}} \right)^{{\widetilde{\omega}}_{i}},\eta_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{\sigma{({k + 1})}})}}^{{\widetilde{\omega}}_{k + 1}},v_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{\sigma{({k + 1})}})}}^{{\widetilde{\omega}}_{k + 1}}} \right)} \\
{= \left\{ \left( {1 - {\prod\limits_{i = 1}^{k}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}} + 1 - \left( {1 - \mu_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{k + 1})}}} \right)^{{\widetilde{\omega}}_{{}_{k + 1}}} -} \right. \right.} \\
{\left. {\left( {1 - {\prod\limits_{i = 1}^{k}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right)\left( {1 - \left( {1 - \mu_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{k + 1})}}} \right)^{{\widetilde{\omega}}_{{}_{k + 1}}}} \right)} \right),} \\
{{\prod\limits_{i = 1}^{k}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{i})}}^{{\widetilde{\omega}}_{i}}}\eta_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{k + 1}},\left. {{\prod\limits_{i = 1}^{k}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}v_{F_{\alpha_{k + 1},\beta_{k + 1},\gamma_{k + 1}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{k + 1}}} \right\}} \\
{= \left( {\left( {1 - {\prod\limits_{i = 1}^{k + 1}\left( {1 - \mu_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}} \right)^{{\widetilde{\omega}}_{i}}}} \right),{\prod\limits_{i = 1}^{k + 1}\eta_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}},{\prod\limits_{i = 1}^{k + 1}v_{F_{\alpha_{i},\beta_{i},\gamma_{i}}^{n}{(p_{\sigma{(i)}})}}^{{\widetilde{\omega}}_{i}}}} \right),} \\
\end{array}$$
Thus, Equation (47) holds for $m = k + 1$.
Therefore, Equation (47) holds for all $m$, which completes the proof. ☐
{#ijerph-15-01718-f001}
ijerph-15-01718-t001_Table 1
######
The picture fuzzy decision matrix.
*G* ~1~ *G* ~2~ *G* ~3~ *G* ~4~
--------- ----------------- ----------------- ----------------- -----------------
*x* ~1~ (0.6, 0.1, 0.2) (0.5, 0.3, 0.1) (0.5, 0.1, 0.3) (0.2, 0.3, 0.4)
*x* ~2~ (0.4, 0.4, 0.1) (0.6, 0.3, 0.1) (0.5, 0.2, 0.2) (0.7, 0.1, 0.2)
*x* ~3~ (0.2, 0.2, 0.3) (0.6, 0.2, 0.1) (0.4, 0.1, 0.3) (0.4, 0.3, 0.3)
*x* ~4~ (0.6, 0.1, 0.3) (0.1, 0.2, 0.6) (0.1, 0.3, 0.5) (0.2, 0.3, 0.2)
ijerph-15-01718-t002_Table 2
######
Matrix of fuzzy measure.
$\mathbf{\mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(1)}}}}$ $\mathbf{\mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(2)}}} - \mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(1)}}}}$ $\mathbf{\mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(3)}}} - \mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(2)}}}}$ $\mathbf{\mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(4)}}} - \mathbf{\rho}_{\mathbf{A}_{\mathbf{\sigma}{(3)}}}}$
--------- -------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------ ------------------------------------------------------------------------------------------------------------------
*x* ~1~ 0.3 0.186 0.354 0.16
*x* ~2~ 0.3 0.186 0.177 0.337
*x* ~3~ 0.3 0.186 0.177 0.337
*x* ~4~ 0.4 0.186 0.174 0.246
ijerph-15-01718-t003_Table 3
######
Rankings with different value of parameter.
Parameters $\mathbf{{{Score}\ {Value}\ {of}\ \mathbf{p}_{\mathbf{i}}}\ \left( \mathbf{i}\ = \ 1,2,3,4 \right)}$ Ranking Results
---------------- --------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------
$\lambda = 5$ $s\left( p_{1} \right) = 0.311$ $s\left( p_{2} \right) = 0.513$ $s\left( p_{3} \right) = 0.217$ $s\left( p_{4} \right) = 0.14$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 10$ $s\left( p_{1} \right) = 0.350$ $s\left( p_{2} \right) = 0.542$ $s\left( p_{3} \right) = 0.297$ $s\left( p_{4} \right) = 0.204$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 15$ $s\left( p_{1} \right) = 0.379$ $s\left( p_{2} \right) = 0.562$ $s\left( p_{3} \right) = 0.348$ $s\left( p_{4} \right) = 0.231$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 20$ $s\left( p_{1} \right) = 0.401$ $s\left( p_{2} \right) = 0.576$ $s\left( p_{3} \right) = 0.381$ $s\left( p_{4} \right) = 0.246$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 30$ $s\left( p_{1} \right) = 0.429$ $s\left( p_{2} \right) = 0.594$ $s\left( p_{3} \right) = 0.418$ $s\left( p_{4} \right) = 0.262$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 40$ $s\left( p_{1} \right) = 0.446$ $s\left( p_{2} \right) = 0.606$ $s\left( p_{3} \right) = 0.438$ $s\left( p_{4} \right) = 0.271$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$\lambda = 50$ $s\left( p_{1} \right) = 0.457$ $s\left( p_{2} \right) = 0.614$ $s\left( p_{3} \right) = 0.451$ $s\left( p_{4} \right) = 0.276$ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
ijerph-15-01718-t004_Table 4
######
The new picture fuzzy decision matrix.
*G* ~1~ *G* ~2~ *G* ~3~ *G* ~4~
--------- ----------------- ----------------- ----------------- -----------------
*x* ~1~ (0.5, 0.1,0.1) (0.4, 0.3,0.2) (0.4, 0.1, 0.4) (0.1, 0.3, 0.5)
*x* ~2~ (0.4, 0.4, 0.1) (0.6, 0.3, 0.1) (0.5, 0.2, 0.2) (0.7, 0.1, 0.2)
*x* ~3~ (0.1, 0.2, 0.4) (0.5, 0.2, 0.2) (0.3, 0.1, 0.2) (0.3, 0.3, 0.4)
*x* ~4~ (0.5, 0.1, 0.4) (0.1, 0.2, 0.7) (0.1, 0.3, 0.6) (0.1, 0.3, 0.3)
ijerph-15-01718-t005_Table 5
######
Comparison of rankings with different aggregation operators.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Approaches Score Value of *X*~i~ (*i* = 1, 2, 3, 4) Ranking
--------------------------------------------------------------------------------------------------- ------------------------------------------------------------------- ---------------------------------------------
Approach based on the PFWA operator \[[@B13-ijerph-15-01718]\] $s\left( p_{1} \right) = 0.199$ $s\left( p_{2} \right) = 0.463$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$s\left( p_{3} \right) = 0.222$ $s\left( p_{4} \right) = - 0.061$
Approach based on the PFHA operator \[[@B13-ijerph-15-01718]\] $s\left( p_{1} \right) = 0.239$ $s\left( p_{2} \right) = 0.407$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$s\left( p_{3} \right) = 0.171$ $s\left( p_{4} \right) = - 0.108$
Approach based on the PFWG operator \[[@B12-ijerph-15-01718]\] $s\left( p_{1} \right) = 0.243$ $s\left( p_{2} \right) = 0.402$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$s\left( p_{3} \right) = 0.103$ $s\left( p_{4} \right) = - 0.061$
Approach based on the PFHG operator \[[@B12-ijerph-15-01718]\] $s\left( p_{1} \right) = 0.327$ $s\left( p_{2} \right) = 0.413$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$s\left( p_{3} \right) = 0.279$ $s\left( p_{4} \right) = 0.133$
Approach based on the PFEWA operator \[[@B13-ijerph-15-01718]\] $s\left( p_{1} \right) = 0.261$ $s\left( p_{2} \right) = 0.425$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
$s\left( p_{3} \right) = 0.139$ $s\left( p_{4} \right) = 0.005$
${Approach}\ {based}\ {on}\ PFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$\ $s\left( p_{1} \right) = 0.265$ $s\left( p_{2} \right) = 0.424$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
operator (in this paper) $s\left( p_{3} \right) = 0.148$ $s\left( p_{4} \right) = 0.013$
${Approach}\ {based}\ {on}\ {the}\ PFPCGF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$\ $s\left( p_{1} \right) = 0.204$ $s\left( p_{2} \right) = 0.399$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
operator (in this paper) $s\left( p_{3} \right) = 0.095$ $s\left( p_{4} \right) = 0.051$
${Approach}\ {based}\ {on}\ {the}\ GPFPCAF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$\ $s\left( p_{1} \right) = 0.310$ $s\left( p_{2} \right) = 0.513$\ $x_{2} \succ x_{1} \succ x_{3} \succ x_{4}$
operator (in this paper) $s\left( p_{3} \right) = 0.217$ $s\left( p_{4} \right) = 0.140$
${Approach}\ {based}\ {on}\ {the}\ GPFPCGF_{\mathsf{\alpha},\mathsf{\beta},\mathsf{\gamma}}^{n}$\ $s\left( p_{1} \right) = 0.095$ $s\left( p_{2} \right) = 0.358$\ $x_{2} \succ x_{3} \succ x_{1} \succ x_{4}$
operator (in this paper) $s\left( p_{3} \right) = 0.111$ $s\left( p_{4} \right) = - 0.091$
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ijerph-15-01718-t006_Table 6
######
The comparison of different operators.
Aggregation Operators Whether It Can Consider Correlations among Arguments Whether It Can Control the Certainty of PFNs Flexible (Whether There Is a Parameter to Reflect Preferences)
---------------------------------- ------------------------------------------------------ ---------------------------------------------- ----------------------------------------------------------------
PFWA \[[@B13-ijerph-15-01718]\] No No No
PFOWA \[[@B13-ijerph-15-01718]\] No No No
PFHA \[[@B13-ijerph-15-01718]\] No No No
PFWG \[[@B12-ijerph-15-01718]\] No No No
PFOWG \[[@B12-ijerph-15-01718]\] No No No
PFHG \[[@B12-ijerph-15-01718]\] No No No
PFEWA \[[@B13-ijerph-15-01718]\] No No No
PFHA \[[@B13-ijerph-15-01718]\] No No No
PFPCA Yes Yes Yes
PFPCG Yes Yes Yes
GPFPCA Yes Yes Yes
GPFPCG Yes Yes Yes
|
Acute cerebral dysfunction after open-heart surgery. A reaction-time study.
A sensitive measure of subtle CNS dysfunction, the continuous reaction time (CRT), was used in 19 patients to quantify the immediate effects of open-heart surgery and extracorporeal circulation (ECC) on the CNS. The control group comprised 17 patients undergoing thoracic surgical procedures without ECC. The reaction time was significantly prolonged after surgery both in the ECC patients and in the controls. CRT was unrelated to the duration of anaesthesia in both groups, but in the ECC group deterioration of CRT showed positive correlation with (a) the duration of ECC, (b) the duration of perfusion pressure below 50 mmHg during ECC and (c) the PCO2 during ECC. These three factors may be of pathogenetic significance in the development of CNS dysfunction following open-heart surgery. The acute changes in reaction time resolved within a week of surgery, but on questioning two months later half of the ECC patients reported intellectual disturbance, primarily impairment of memory and lability of mood. |
RNZ's ads were shared as paid posts on Facebook and as electronic billboards - including in the building Stuff occupies.
OPINION: Stuff recently campaigned on the value of journalism.
It wasn't only our journalism we campaigned on; we cited the importance of the craft, across our wider struggling industry.
We certainly didn't slate our competitors. This week, the privileged and taxpayer-funded Radio New Zealand seems to have done just that:
"If it seems like you can't avoid ads online, we've got news for you", read one advert.
"If it seems quality journalism has disappeared, we've got news for you", Kiwis were assured in another.
And, more pointedly, "if you think you have to pay for premium content, we've got news for you."
READ MORE:
* The impact and true value of journalism
* In our disconnected world, we need quality journalism more than ever
* Making history and the news
Billboards, bus backs, paid social posts - it was everywhere. RNZ drove its message so hard it even featured in a digital display in Stuff's own lobby. Trolling maybe?
The message was right, but only in part. RNZ doesn't run ads. RNZ doesn't have paid subscriptions for its content.
This, though, is only because it doesn't need to.
You already pay for its content through your taxes, so its journalism doesn't need to be either ad-funded, like ours is, or supplemented through a paid content model like, say, the NZ Herald.
It's simple:
Commercial media make money through ads and subscriptions, which they then use to pay for public interest journalism.
Public media are Government-funded to pay for public interest journalism.
But, like newsrooms the world over, the advertising and subscription revenues commercial media once thrived on no longer sustain the number of journalists we once could. As audiences have shifted from newspapers to websites, so have advertising dollars. But the slice of the pie left for news organisations is tiny after the giant global platforms like Google and Facebook take their share.
In short, funding journalism, especially in regional New Zealand, has become increasingly hard. The pursuit of a new, sustainable business model to support journalism is something that is common across competitors; one galvanising connection that brings us all together.
Until this week. Until RNZ campaigned against those efforts.
In fact, RNZ CEO Paul Thompson has spoken about this shared worry himself in the past.
In 2018, he acknowledged the public media was somewhat protected from the financial crises facing his commercial colleagues.
"In this environment, public service media have a unique responsibility to help their commercial counterparts survive".
Again, last year, in a column on our own site, he opined how the commercial media world was an increasingly tough business.
"It is brutal, unless you are one of those formidably-resourced global platforms - think Facebook, Apple, Amazon, Netflix and Google - that utilise the scale of the internet to generate phenomenal wealth and power. They are called the FANGS for good reason - they rip the throat out of competitors".
ROSS GIBLIN/STUFF RNZ has abandoned its industry support and abused its privileged position, writes Stuff editorial director Mark Stevens.
Dial ahead to this week, when the supportive narrative shifted; when RNZ's own advertising campaign effectively attacked the efforts of those "commercial counterparts". But for what? For running ads? For charging for premium content? For tireless efforts just to sustain journalism?
Smell like hypocrisy? Yep - reeks of it.
Then came the double whammy: RNZ didn't pay for its hypocritical advertising on Mediaworks, NZME, The Spinoff, Newsroom, Stuff or any other organisation that actually invests in vital and valuable NZ journalism. Instead, it spent its advertising dollars - your dollars - on perhaps the mother of all the FANGS, Facebook.
Facebook is the same social platform which streamed the Christchurch terror attacks, which doesn't create public interest journalism and which has a questionable moral compass.
RNZ does create amazing journalism, journalism that holds a great place in my heart and the hearts of many other New Zealanders, including our nation's journalists. And we work together to share content and to recruit and retain regional reporters.
So why, then, it chose to abandon its industry support and abuse its privileged position; to attack the efforts of its "commercial counterparts" and to poach audiences they so desperately need is, definitely, hypocritical but also unfathomable.
RNZ's own staff were embarrassed by their employer's campaign. Is this RNZ's second tone-deaf misstep of the year, after being asked by the Government to hit pause on proposed Concert radio changes but pressing ahead anyway?
Plurality of journalistic voices is deemed in the public interest. RNZ is chartered to serve that public interest. It is its purpose to serve an audience, not to compete for audiences; audiences which in one way or another are needed to fund the great journalism created by many organisations and many companies across New Zealand each and every day. |
669 F.Supp. 1146 (1987)
Marilyn DENNY and Leah Stern, Plaintiffs,
v.
WESTFIELD STATE COLLEGE, et al., Defendants.
Catherine DOWER, Plaintiff,
v.
WESTFIELD STATE COLLEGE, et al., Defendants.
Civ. A. Nos. 78-2235-F, 78-3068-F.
United States District Court, D. Massachusetts.
May 12, 1987.
Betty A. Gittes, Shaevel, Shaevel & Gittes, Boston, Mass., for Denny, Stearn and Dower.
Morris M. Goldings, Mark Peters, Hawkes & Goldings, Boston, Mass., for Westfield State College.
Nancy Gertner, Boston, Mass., for Dower.
OPINION
FREEDMAN, Chief Judge.
I. INTRODUCTION
Plaintiffs in these consolidated actions, present and former faculty members of Westfield State College ("WSC" or "Westfield State"), allege that they were discriminated against because of their sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. Specifically, plaintiffs allege they received lower salaries than similarly situated male faculty members at WSC.
As originally commenced, the plaintiffs in No. 78-2235-F brought their complaint on behalf of themselves and all others similarly situated. On May 30, 1986, the Court denied plaintiffs' motion to certify the class and allowed defendants' motion to dismiss the class allegations from the complaint. *1147 The claims of the three named plaintiffs were tried to the Court on June 2-4, 1986.
Pursuant to Fed.R.Civ.P. 52(a), the Court makes the following findings of fact and conclusions of law.
II. FINDINGS OF FACT
A. Parties
1. Plaintiff Leah Stern is a female who was employed by defendants from August 1973 to August 1977 in the Philosophy Department of Westfield State College.
2. Plaintiff Marilyn Denny is a female who was employed by defendants from December 1971 to August 1977 in the Sociology Department of Westfield State College.
3. Plaintiff Catherine Dower is a female who has been employed by defendants since 1956 in the Music Department of Westfield State College.
4. Defendants Westfield State College and the Board of Regents of Higher Education are agencies of the Commonwealth of Massachusetts, and are "employers" within the meaning of 42 U.S.C. § 2000e.
B. Evidence of Discrimination
5. Prior to trial, the parties entered a stipulation providing:
The job requirements for all teachers, within ranks, are substantially equal in terms of skill, effort, and responsibility and are performed under similar working conditions.
However, the parties acknowledge that different teachers may have different professional qualifications including different skills, experience, education, and disciplinary and technical backgrounds. Nothing contained in this stipulation shall be deemed to mean that the college could not properly have taken these factors into consideration when fixing initial salaries, entitlements to promotions and other benefits affecting the rates of compensation of faculty members, provided that whether the college considered such factors or the legitimacy of the method used to consider such factors are the issues to be determined at trial.
6. Plaintiffs' evidence at trial consisted of the testimony of plaintiff Dower and Arlene S. Ash, Ph.D., a Professor of Statistics. Dr. Ash undertook a statistical study of wages at WSC, the results of which were admitted at trial. Defendants' evidence consisted of the testimony of Ernest T. Kendall, Ph.D., a labor economist, who also performed a statistical study of WSC's system of compensation, and Jean Regan, formerly an employee in the personnel office of the Board of Regents of Higher Education (successor to the Board of Trustees of State Colleges).
1. Statistical Evidence
7. Both Dr. Ash and Dr. Kendall used a statistical method known as multiple regression analysis to produce their different opinions. Briefly put, multiple regression analysis is a computer-assisted statistical method by a which a variety of factors ("explanatory variables") are considered at one time to determine their combined effect on another variable such as salary ("outcome variable"). See generally Pouncy v. Prudential Insurance Co., 499 F.Supp. 427, 499-50 n. 11 (S.D.Tex.1980). In this case, Drs. Ash and Kendall set out to determine how factors such as seniority, departmental affiliation, and prior experience, affected the salaries of WSC faculty members. The theory goes: to the extent salaries at WSC are not fully explained by these factors, an impermissible factor, such as sex, may account for the discrepancy. Moreover, assuming the proper variables are selected and that the result of the analysis is "statistically significant," the amount of salary differential due to sex discrimination may be estimated.
Though both Drs. Ash and Kendall used this basic method, they actually used two different types of regression analysis. Dr. Kendall used what is known as the "dummy variable" technique whereas Dr. Ash performed "men only" regressions. Each criticized the other's chosen methodology, but generally agreed that neither approach is demonstrably superior to the other.
*1148 a. Dr. Ash's Regression Analysis
8. Relying on data supplied by defendants during discovery, Dr. Ash coded information for all full-time faculty members at WSC during the years 1974 through 1984. Dr. Ash used the following explanatory variables: departmental grouping, seniority at WSC, years of prior tenure-track teaching experience, years of other relevant prior experience, current rank, and the number of years since a terminal degree (e.g., Ph.D. or M.F.A.) was obtained. Using this model, Dr. Ash reported that she was able to "explain" over seventy percent of variation in men's salaries at WSC in every year studied except one.[1] However, in the latter years of her study, Dr. Ash's results tended to provide less explanation of salary variance among male faculty members.
9. Applying the formula for men's salaries to women faculty members in each year, Dr. Ash predicted what salary comparable women would be expected to receive at WSC in each year. For the years studied, Dr. Ash concluded that on average, women faculty members at WSC were subject to salary deficits (presumably because of sex) in the following amounts:
YEAR SALARY DEFICIT
1974 $ 702
1975 676
1976 704
1977 578
1978 485
1979 725
1980 750
1981 707
1982 1354
1983 1996
1984 1861
In every year except for 1978 these results were thought to be "statistically significant" as measured by their "P-values."[2] The results for 1978 were considered statistically borderline.
10. Extrapolating from the model to the three named plaintiffs, Dr. Ash estimated that in each year at WSC they were subject to the wage disparities as compared to the predicted similarly qualified male professors in the following amounts:
YEAR DENNY STERN DOWER
1974 $1,637 $1,187 $ 4,578
1975 1,373 1,265 4,346
1976 1,582 1,582 4,321
1977 4,314
1978 3,572
1979 3,425
1980 3,056
1981 3,252
1982 3,065
1983 2,765
1984 3,449
TOTALS $4,592 $4,034 $40,143
11. Dr. Ash also performed analysis using the "dummy-variable" approach favored by Dr. Kendall. The results obtained were similar to her male-only regression studies.
b. Defendants' Criticisms of Dr. Ash's Report
12. Defendants' expert, Dr. Kendall, raised several objections to the appropriateness of Dr. Ash's methodology and the validity of her results. The Court will discuss these criticisms in some depth.
13. The first set of criticisms levelled at Dr. Ash's report concerns problems believed to be inherent in the data set from WSC. Specifically, Dr. Kendall testified that the results obtained from regression analysis are suspect because of the presence of "multicollinearity," "nonrandomness in the distribution of the residuals," and "heteroscedasticity."
*1149 14. Multicollinearity exists when two or more of the explanatory variables tend to move in a parallel fashion. For example, a faculty member's age and seniority at Westfield State have an obvious relationship to one another. Multicollinearity is present to some degree in all of the regression studies performed by Drs. Ash and Kendall. Drs. Ash and Kendall both agreed that the presence of multicollinearity would produce results that are less precise than they would otherwise be. However, from the evidence presented, the Court accepts the testimony of Dr. Ash that the presence of multicollinearity would merely tend to overestimate the amount of error associated with the estimate of difference in salary by sex. In other words, P-values will be artificially higher than they would be if there were no multicollinearity present. Thus, the presence of multicollinearity means that results found to be significant in the analysis are likely to be even more significant than they appear. Because Dr. Ash's results demonstrated statistic significance for each year studied except one, the Court does not find that the presence of multicollinearity detracts from the validity of her findings.
15. Heteroscedasticity is the lack of common or constant variance. In Dr. Ash's model, for example, this would occur if the wage disparity were greater for more senior faculty than less senior faculty. In fact, Dr. Ash admitted that this defect was probably present to some degree, but suggested that its effect was not significant. The Court does not find that the possible presence of heteroscedasticity itself detracts from the validity of Dr. Ash's study.
16. Dr. Kendall also criticized the nonrandomness in the distribution of residuals in Dr. Ash's model. In other words, Dr. Kendall hypothesized that the function between sex-neutral qualifications and salary was not linear as Dr. Ash's model assumed, and that, as a result, her model might tend to report women as being underpaid when in reality they were being paid commensurately with comparable male faculty members.[3]
Dr. Ash testified that she examined the salary data and found that the relationship between qualification and salary was not exactly linear, but more parabolic. The implication of the parabolic function, the data revealed, was precisely the opposite of what Dr. Kendall suggested. Thus, the straight-line curve employed in Dr. Ash's regression model actually tended to underestimate the salaries of women who occupy the segment of the faculty with intermediate levels of experience in greater numbers than men.
Dr. Ash testified that she performed analyses which took this parabolic function into account (she substituted the term seniority squared for seniority). This regression analysis yielded results with a somewhat better fit (a higher R2) and an increase in the extent of salary underpayment for women. Despite these results, Dr. Ash chose not to include a seniority-squared term for the sake of greater simplicity.
The Court does not find that the presence of nonrandomness of the residuals is a significant problem with Dr. Ash's study.
17. A much more significant criticism of Dr. Ash's study has to do with the manner in which she accounted for departmental affiliation in constructing her model. This criticism is potentially critical because departmental affiliation represents a major way in which larger market forces affect the wage structure at an institution. For example, one would expect higher salaries for faculty members in disciplines in which there is a keen competition for qualified individuals such as computer science and business administration, than for many liberal arts fields such as philosophy and ancient languages. See generally Lamphere v. Brown University, 685 F.2d 743, 748 (1st Cir.1982)
18. During the years studied, Westfield State had nineteen separate departments. *1150 Unlike some educational institutions that organize departments into larger departmental groups or divisions, each department at Westfield State was independent. Because some WSC departments were extremely small, assigning a variable to each individual department would not permit reliable detection of the effect of market forces on salary. It is very difficult to extrapolate information from a data set consisting of one person. To avoid the problems inherent in analyzing nineteen sui generis departments, Dr. Ash grouped them into five "departmental groups" for purposes of her study, relying on her understanding of how universities commonly aggregate departments. The groupings, each designated with a two-or three-letter code, are as follows:
(1) Applied (APP) consisting of mass media, criminal justice, economics and business administration, and geography and regional planning;
(2) Humanities (HUM) consisting of English, music, history, art, modern foreign languages and philosophy;
(3) Social Sciences (SOC) consisting of sociology, psychology and political science;
(4) Natural Sciences (SCI) consisting of physical science, math, computer and information science and biology;
(5) Education (ED) consisting of education and health and physical education.
19. Using the male-only faculty data from Westfield State, Dr. Ash calculated the affect of departmental affiliation on wages, using the Social Sciences as a bench mark. The results of these calculations are indicated below:
Year APP HUM SCI ED
1974 -298 264 -904 -1071
1975 -45 171 -773 -883
1976 58 209 -792 -1098
1977 -27 81 -764 -946
1978 -38 135 -1107 -1303
1979 -483 118 -640 -920
1980 -270 420 -511 -405
1981 -274 632 -653 -661
1982 -946 391 -745 -468
1983 -1369 109 -965 -416
1984 -1292 506 -835 -610
In 1974 for example, a professor in one of the constituent departments within the Applied Group, such as business administration, could be expected to earn $298 less than a similarly situated professor in a Social Science field such as political science. Similarly, in 1974 a professor in one of the Humanities fields such as English would be expected to earn $264 more than the Social Science professor.
20. Dr. Kendall's main criticism of Dr. Ash's departmental groupings is that they are counterintuitive. Dr. Kendall testified that, from his understanding of the national labor market, he knows that the Applied fields such as computer science are far more competitive than the Social Science fields. Thus, he believes it illogical for Dr. Ash's study to present science professors consistently earning less than social scientists. According to defendants,
By its inability to control for departmental affiliation, Dr. Ash's regression analysis has failed to take cognizance of market forces that operate at the departmental level and that are not random in their effect on the salaries of male and female members of the faculty at Westfield State College.... The probative value of her analysis is much diminished by this, and it calls seriously into question the ability of Dr. Ash's model to generate realistic estimates of male-equivalent salaries for sociologists such as Professor Denny or for any other faculty member.
Defendants' Proposed Findings at 24 (citations omitted). Plaintiffs counter by asserting that if Dr. Ash's model yielded results different from what one would expect from one's knowledge of the larger labor market, it is only because Westfield State's actual salary practices depart from these expectations.
21. The Court is not persuaded that, simply because Dr. Ash's model fails to parallel precisely national labor statistics, it is inaccurate. Given the nearly limitless variance among local economies and how different institutions tend to specialize in different fields, it would not be surprising, for example, for a professor of art at a *1151 given institution to earn more than a professor of business administration if that school's art program emphasized highly marketable training in graphic arts (as opposed to less marketable art history) and the business administration program emphasized less marketable specialties such as management of not-for-profit entities.[4] Of course, this is not to imply that this was generally the case at Westfield State, but only to suggest that the fact that a study of a particular educational institution does not comport precisely with national labor statistics does not, without more, detract from the validity of its results.
22. Another difficulty with Dr. Ash's grouping of departments at Westfield State has not been commented upon by the parties. According to plaintiffs, Dr. Ash grouped departments using "a logical grouping based on subject content." Plaintiffs' Post-Trial Memorandum at 21. This seems a rational solution to the problem of a data set consisting of many small departments. However, the Court is concerned about the consequences of lumping together within one group departments which, though logically related based on their subject matter, have very different wage structures. For example, in 1984, a year in which Dr. Ash's results are disclosed for particular departments, the Social Science Department Group (SOC) contained one department with the highest anticipated wagepsychologyand one near to the lowestsociology. How this affects the validity of Dr. Ash's analysis is unclear; as noted, neither party has commented on the issue. Nevertheless, it may cause the Court to pause before it is willing to adopt completely Dr. Ash's findings.
23. Finally, Dr. Kendall criticized Dr. Ash's results because she failed to include the device by which Westfield State compensated highly productive faculty members Distinguished Service Awards ("DSAs")in her model. These awards were not included, according to Dr. Ash, because they might be tainted; that is, awarded in a sexually discriminatory manner. Dr. Ash discusses the notion of "tainted variables" as follows:
Subjective criteria, such as merit evaluation by the employer are clearly suspect, although if the plaintiff is willing to accept the employer's evaluations as fair and not "tainted" by the same prejudice that is alleged to be present in the setting, then such evaluation may be used.
....
Included variables should be part of the publicly accepted reasons for making distinctions among faculty salaries. (Thus, though short people may be paid less than tall ones, height should not be used.)
While salary upgrades which have been distributed by the administration (such as Distinguished Service Awards and Compensatory Awards at Westfield) will usually be helpful in achieving a better fitting formula, they are not faculty characteristics, and are suspect of possible tainting, unless demonstrated otherwise.
Plaintiffs' Exhibit 6 at 20, 25-26.
Dr. Ash admitted during cross examination that rank carried the same possibility of taint but was nevertheless used after rank data were examined and the possibility of taint eliminated. Dr. Ash's failure to similarly examine DSAs was unexplained, despite her testimony that using DSAs, would have improved the fit of her model in the later years. This omission is notable because more female faculty members at WSC (including plaintiff Dower) received DSAs than males. On redirect, Dr. Ash explained that she did perform some regressions including DSAs which did not yield significantly different results. The Court credits Dr. Ash's testimony and does not find that the omission of DSAs in her primary analysis detracts from the validity of her results.
*1152 c. Dr. Kendall's Regression Analysis
24. In addition to making specific criticisms of Dr. Ash's study, Dr. Kendall performed his own regression analysis from the data supplied by Westfield State. He produced the results of three regression analyses which were included as an Appendix to Dr. Ash's Report (Exhibit 6). The parties agreed that the results of two of the analyses, identified as R-2 and R-3, are unreliable. The Court, therefore, will give them no consideration.
The remaining analysis labeled R-1 which was referred to by Dr. Kendall as "the best of a bad lot," revealed a "statistically significant" wage differential for women in five of the eleven years studied (1976 and 1981 through 1984). Plaintiffs criticize some of the technical aspects of R-1, suggesting that flaws in this analysis tend to underestimate the degree of underpayment to female faculty members at WSC.[5] The Court generally agrees with plaintiffs' criticism.
25. Dr. Kendall "explained" the statistically significant findings in the latter years by attempting to demonstrate that the sex differentials could be accounted for by differences in starting salaries of new faculty members in two particularly competitive fieldsbusiness administration and computer sciences. To reach this result, defendants begin with a basic assumption: "Sex-related differentials in salary could have arisen at Westfield State College during the period in question through one or more of four possible avenues. Males could have been favored in (1) promotions, (2) starting salaries, (3) distinguished service awards, or (4) starting salaries." Defendants' Proposed Findings and Decision at 28. From there, they analyze data concerning each of these four factors and conclude that "[a]nalysis of the first three have revealed absolutely no evidence that males were given preferential treatment with respect to any of these determinants of salary...." Id. This suggests, according to defendants, that the source of salary differential must be starting salaries in the period 1980 to 1984.
Defendants state:
It was during this period that Westfield State College sought to expand its program in computer science and business administration. Between 1980 and 1984, the College hired a total of 48 new faculty members, 21 of whom were in the fields of computer science and business. Of these 21 new faculty, only 2 were women. In contrast 14 of the 27 faculty hired into the other departments were women.
What happened at Westfield is now readily understood. Faculty in the computer science and business administration are in two fields where the competition for qualified personnel is very strong, both inside and outside of academia. In order to staff these two growing departments, it was necessary for the College to add substantial market adjustments to starting salaries in order to compete in a market-place that is dominated by private industry. Because most of those hired were males, many males were given substantial salary adjustments in response to these market forces; as a direct result the average male starting salary rose substantially above that of females.
Id. at 30-31.
26. At first glance, this appears to be a persuasive explanation for the seemingly discriminatory wage structure at WSC. Closer scrutiny belies this, however. For one thing, the Court does not find that an adequate foundation was laid for these results. As defendants elsewhere argue
"because of the sophistication and complexity of many of the statistical models being used in discrimination cases by professional econometricians, courts must give `close scrutiny [to the] empirical proof' on which the models are erected *1153 ... in order to guard against the use of statistical data that may have been `segmented and particularized and fashioned to obtain a desired result.'" E.E. O.C. v. Federal Reserve Bank of Richmond, 698 F.2d [633,] 646 [(4th Cir. 1983)].
Defendants' Proposed Findings and Decision at 11. By looking at these four factors in isolation, perhaps defendants are guilty of the very segmenting and particularizing they caution against. Defendants have not shown that these analyses are based on anything but gross statistics of particular variables, the relationship of which to the entire data set is unclear at best.
27. Apart from this general criticism, even assuming Dr. Kendall was correct that every valid explanation for wage disparity could be eliminated except for starting salaries in two departments, this approach hardly accounts for the entire variance revealed in the studies of Drs. Ash and Kendall. Thus, whatever may have occurred in the period in which WSC was attempting to "beef up" its business administration and computer science departments, this does not explain the statistically significant results Dr. Ash uncovered for pre-1980 years. It is also misleading to assume that the special cases of the business administration and computer science departments are relevant for the entire period of 1980 to 1984 because, as plaintiffs state, no bonuses were given in the business administration department in the years 1980, 1981 and 1982 and none given in the computer science department in 1980 and 1981. Plaintiffs' Post-Trial Memorandum at 28-29.
In addition, defendants seem to be double counting the computer science department. As plaintiffs note, Residual R-1 already contains a marker for a professor's membership in the computer science department. Having already accounted for the effect of service in this department in his regression, Dr. Kendall cannot also point to the computer science to explain statistically significant results his analysis revealed.
2. Non-Statistical Evidence
28. Through the evidence at trial consisted mostly of statistical evidence, both sides presented some non-statistical evidence to prove or rebut discrimination.
29. Plaintiff Dower testified that in 1967 she had a conversation with Dr. Leonard Savignano, then President of Westfield State.[6] Plaintiff Dower approached Dr. Savignano because she felt her salary was low compared to comparable males at WSC. Dr. Savignano reportedly told Dr. Dower that men needed higher salaries than women because they had families to support and that the only way she could improve her salary was by getting her Ph. D. so she could be promoted from assistant professor to the rank of associate professor. Based on this conversation, plaintiff Dower eventually obtained her Ph.D. and was promoted. According to Jean Regan, an employee of the Board of Regents of Higher Education, the requirement of a Ph.D. for promotion to associate professor had in fact been adopted by the Board of Trustees of State Colleges in 1967. Thus, even if one assumes that Dr. Savignano did make the discriminatory statement, his advice to Dr. Dower seems to have been quite legitimate.
30. Dr. Regan also testified to the effect that the Board of Regents of Higher Education or any of its previous incarnations[7] had the final say on the question of faculty salaries. Though this was literally true, it seems that the recommendation from a president of one of the state colleges was accorded great weight.
31. The remainder of the evidence was of the pseudo-statistical variety comparing each one of the plaintiffs to one or another of the male faculty members. This evidence *1154 not only swings both ways but it is also singularly unconvincing. The Court, therefore, gives it very little weight.
III. CONCLUSIONS OF LAW
1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331, 1343(a)(3) and 2201 and under sections 706(e) and (f) of Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e-5(f)(1), (3) ("Title VII").
2. Venue is properly laid in this District pursuant to 28 U.S.C. § 1391(b) and section 706(f) of Title VII, 42 U.S.C. § 2000e-5(f)(3).
3. The parties agree that all jurisdictional prerequisites for instituting this action have been met under section 706(e) of Title VII, 42 U.S.C. § 2000e-5(f)(1).
4. Section 703 of Title VII, 42 U.S.C. § 2000e-2(a), provides, inter alia:
It shall be an unlawful employment practice for an employer
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex, or national origin....
(Emphasis added). See generally Annotation, Wage Differentials as Violative of Those Provisions of Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §§ 2000e et seq.), which Prohibit Sex Discrimination in Employment, 62 A.L.R. Fed. 33 (1983).
5. In order to make out a claim for disparate impact in a traditional Title VII case, plaintiffs must first establish a prima facie case of discrimination by a preponderance of the evidence. The burden then shifts to the defendants to articulate a legitimate, nondiscriminatory reason for their challenged actions. If defendants do so, plaintiffs are then given an opportunity to establish by a preponderance of the evidence that the reasons asserted by the defendants are a mere pretext for unlawful discrimination. Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 252-53, 101 S.Ct. 1089, 1093, 67 L.Ed. 2d 207 (1980); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05, 93 S.Ct. 1817, 1824-25, 36 L.Ed.2d 668 (1973); Lamphere v. Brown University, 685 F.2d at 748. However, "[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff ... `remains at all times with the plaintiff.'" Cooper v. Federal Reserve Bank of Richmond, 467 U.S. 867, 875, 104 S.Ct. 2794, 2799, 81 L.Ed.2d 718 (1984), quoting United States Postal Service Board of Governors v. Aikens, 460 U.S. 711, 716, 103 S.Ct. 1478, 1482, 75 L.Ed.2d 403 (1983).
6. Though this action was tried solely as a Title VII case, plaintiffs argue that the burdens of proof applicable to actions under the Equal Pay Act of 1963, 29 U.S.C. § 206(d) ("EPA"), should govern.
The Equal Pay Act provides as follows: No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any further factor other than sex.
77 Stat. 56, 29 U.S.C. § 206(d)(1).
7. Generally, EPA is a narrower remedial statute than Title VII. Unlike Title VII, EPA does not prohibit discrimination in hiring, firing or promoting employees and it is applicable to a much narrower range of employers. However, because of the way burdens of proof are allocated in an Equal Pay Act case, a plaintiff may be able to prevail under that Act where she *1155 could not under Title VII. This is because, unlike an ordinary Title VII case, the defendant in an Equal Pay Act has the burden of persuasion as well as production on the four enumerated defenses. Corning Glass Works v. Brennan, 417 U.S. 188, 196, 94 S.Ct. 2223, 2229, 41 L.Ed.2d 1 (1974).
8. Attempts at "integrating" Title VII and EPA have their origin in the so-called Bennett Amendment to Title VII. Section 703(h) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(h). The amendment provides:
It shall not be an unlawful employment practice under this title for an employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act as amended (29 U.S.C. § 206(d)).
9. In County of Washington v. Gunther, 452 U.S. 161, 101 S.Ct. 2242, 68 L.Ed.2d 751 (1981), the Court explained to what degree the Bennett Amendment actually limited a Title VII plaintiff. In Gunther, the Court considered whether, by virtue of the Bennett Amendment, EPA's "equal work" requirement was applicable to Title VII plaintiffs. After reviewing the legislative history, the Court concluded it did not. The Court held that "only differentials attributable to the four affirmative defenses of the Equal Pay Act are `authorized' by that Act within the meaning of [the Bennett Amendment]." Id. at 171, 107 S.Ct. at 2249. The Court left unanswered questions about "how sex-based wage discrimination litigation under Title VII should be structured to accommodate" the affirmative defense of EPA. Id. at 171, 101 S.Ct. at 2249.
Relying on Gunther, the Ninth Circuit in Kouba v. Allstate Insurance Co., 691 F.2d 873 (1982), held that EPA's order of proof was applicable to Title VII claims. As the court stated:
[E]ven under Title VII, the employer bears the burden of showing that the wage differential resulted from a factor other than sex.... Nothing in Burdine converts this affirmative defense which the employer must plead and prove under Corning Glass, into an element of the cause of action, which the employee must show does not exist.
691 F.2d at 875. Accord Plemmer v. Parsons-Gilbane, 713 F.2d 1127, 1136-37 (5th Cir.1983); Odomes v. NuCare, Inc., 653 F.2d 246, 250-51 (6th Cir.1981); Chang v. University of Rhode Island, 606 F.Supp. 1161, 1181 (D.R.I.1985); Melanson v. Rantoul, 536 F.Supp. 271, 286 (D.R.I.1982).
This approach is rejected in EEOC v. Sears, Roebuck & Co., 628 F.Supp. 1264, 1328-32 (N.D.Ill.1986). In that case the district court analyzed the legislative history to the Bennett Amendment and concluded that "Congress did not intend the Bennett Amendment to impose Equal Pay Act burdens and elements of proof to pay claims brought under Title VII." Id. at 1330. See also Crockwell v. Blackmon-Mooring Steamatic, Inc., 627 F.Supp. 800, 806 (W.D.Tenn.1985).
To date, the First Circuit has not ruled on the question of whether EPA's burdens of proof are applicable to Title VII equal pay claims. The issue was discussed in Marcoux v. State of Maine, 797 F.2d 1100 (1st Cir.1986), in which the district court adopted the Kouba approach, but because neither party had raised an objection below, the Court of Appeals declined to rule.
10. This Court concludes that Kouba and its progeny (which constitute the clear weight of authority) represent the better view. The Equal Pay Act and Title VII "are in pari materia and must be construed in harmony with one another." Miller v. Kansas Power & Light Co., 585 F.Supp. 1509 (D.Kan.1984). The Supreme Court's holding in Gunther demonstrates that the Bennett Amendment is not simply, as Sears, Roebuck would have it, a "protect[ion to] employers in Title VII cases by requiring them to meet a greater burden of proof." Sears, Roebuck, 628 F.Supp. at 1330 n. 88. Rather, the Bennett Amendment is a device intended to harmonize the protections of two, somewhat overlapping *1156 statutory schemes by incorporating EPA's four affirmative defenses into Title VII. Indeed, the very notion of an "affirmative defense" strongly suggests that, as with other affirmative defenses, the party claiming its benefit has the burden, not just of pleading, but also of persuading the trier of fact by a preponderance of the evidence that the party should prevail on the defense. Accordingly, the Court will proceed to analyze plaintiffs' claim under the EPA approach.
11. In light of this conclusion, plaintiffs are required initially to establish that they received lower salaries than men for comparable work. Once this is established, defendants have the burden of persuading the Court, by a preponderance of evidence, that the wage disparity was the result of (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any further factor other than sex.
12. The Court concludes plaintiffs have established their initial burden of demonstrating a prima facie case. The parties have stipulated to the comparable nature of the work performed by male and female faculty members at WSC. Supra, Paragraph 5. Plaintiffs have also established discriminatory wage differentials by a preponderance of the evidence through the statistical analyses presented at trial. Such evidence alone is sufficient to establish plaintiffs' prima facie case. Hazelwood School District v. United States, 433 U.S. 299, 307-08, 97 S.Ct. 2736, 2741, 53 L.Ed.2d 768 (1977); International Brotherhood of Teamsters v. United States, 431 U.S. 324, 97 S.Ct. 1843, 52 L.Ed.2d 396 (1977). Though the Court has expressed criticism for some aspects of Dr. Ash's report, on the whole the Court finds that the report is sufficient to demonstrate that female faculty members at WSC received significantly lower salaries than male faculty members given equivalent experience, rank, years since receiving doctorate and departmental affiliation.
13. In Title VII terms, defendants have articulated a legitimate, non-discriminatory reason for the salary differential at WSC; in EPA terms, defendants have come forward with some evidence to sustain the defense that female faculty members at WSC received lower salaries than equivalent males because of "a differential based on any further factor other than sex," 29 U.S.C. § 206(d)(1)(iv): according to defendants' expert, Dr. Kendall, the salary differential uncovered by Dr. Ash can be explained by two variables not fully accounted for in Dr. Ash's studymarket forces as reflected in departmental affiliation and exceptional performance as reflected in distinguished service awards. However, as the Court noted above, supra at Paragraphs 23 & 25, apart from serious statistical short-comings in defendants' argument, defendants are unable to account for salary discrepancies in all years studied.
14. The Court finds, however, that while defendants have satisfied their burden of production, they have failed to sustain their burden of proving, by a preponderance of the evidence, that the salary differentials for faculty members at WSC in the years studied were due to factors other than sex.
IV. CONCLUSION
The Court finds that the named plaintiffs have sustained their burden of proving a violation of 42 U.S.C. §§ 2000e, et seq., with respect to their claim that they received lower salaries than similarly situated males at WSC, and that this differential was due to illegal sex discrimination. Moreover, the Court finds that plaintiffs are entitled to an award of backpay limited by the periods in which the administrative complaints were filed as measured by the extent of the wage disparities discovered in Dr. Ash's results. Supra at Paragraph 9. See 42 U.S.C. § 2000e-5(g); EEOC v. Enterprises Association, Steamfitters Local No. 638, 542 F.2d 579 (2d Cir.), cert. denied, 430 U.S. 911, 97 S.Ct. 1186, 51 L.Ed. 2d 588 (1976). The parties are ordered to attempt to stipulate to a proposed form of judgment within thirty days. Should stipulation prove impossible, the parties may *1157 submit separate proposed judgments within this time period.
NOTES
[1] The degree to which the model is capable of accounting for all of its variability is referred to as its "fit." Statisticians quantify the degree of fit as the model's sum of squared residuals ("R-Squared" or "R2"). A perfect fitting model would have an R2 of 1.00. Dr. Ash testified that an R2 of 0.8 is indicative of a well-fitting model. This means that the model is able to "explain" 80% of the variability of salaries at the institution under study.
[2] As explained in Dr. Ash's report, a P-value is a measure of the likelihood that something is the result of pure randomness. In this context, it is the likelihood that "a totally sex neutral situation would `just happen' to look this bad, by chance alone." Exhibit 6 at 32. The nearer a P-value is to 0, the more statistically reliable the result; the closer to 1.00, the less reliable. A P-value of .05 or less is often considered to be statistically significant.
[3] Significantly, Dr. Kendall did not make a study of whether there was nonrandomness in the distribution of residuals in Dr. Ash's model; he merely assumed, from his experience as a labor economist, that it probably was.
[4] At Westfield State in one year studied1984 the relative wages in the art and business administration reflected a wage disparity in this direction. In that year, the art department had an average wage $787 more than the economics and business administration department. Plaintiffs' Post-Trial Memorandum at 21.
[5] Specifically, plaintiffs contend that the presence of multicollinearity in R-1 (which Dr. Kendall acknowledged) tended to inflate P-values thus making results that should be significant appear non-significant. In addition, Dr. Kendall omitted a variable for degrees at the time of analysis. Since women were more likely than men to have terminal degrees, the sex deficit was also probably underestimated.
[6] Dr. Savignano is now deceased.
[7] This body was at one time known as the Department of Higher Education and then as the Board of Trustees of State Colleges until 1981 when it was supplanted by the Board of Regents. See St. 1980, ch. 329, §§ 111 & 112. See also Defendants' Proposed Findings of Fact and Decision at 34.
|
define([
'jquery',
], function( $ ) {
var ConsoleBlock = function(class_name) {
this.console_blocks = $(class_name);
this.init();
};
ConsoleBlock.prototype = {
init: function(){
var self = this;
$(document).ready(function () {
$(".c-tab-unix").on("click", function() {
$("section.c-content-unix").show();
$("section.c-content-win").hide();
$(".c-tab-unix").prop("checked", true);
});
$(".c-tab-win").on("click", function() {
$("section.c-content-win").show();
$("section.c-content-unix").hide();
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|
Project Description
A probably-overkill and powerful way of managing lyrics or verse
displays for concerts or church services.
Glamour shot
NOTE: This project is under heavy development and is not recommended
for mission-critical functions. There isn’t even a changelog at this
point since stuff is changing all the time, ok?!
Installation
pip
You can get LyricScreen easily through PyPI! You can check out the
package page or use
pip as follows:
pip install lyricscreen
NOTE: Windows Users: When you run lyricscreen for the first
time, it will try to symlink the web_client which will fail unless
you run it in an elevated command prompt or as Administrator. So, when
you run it for the first time (per user), you will need to do so from a
command prompt running as Administrator.
Git
To build from source:
Clone this repo
(git clone https://github.com/lytedev/lyricscreen)
Move into the directory (cd lyricscreen)
Run the install script
make install for the *nix folks (I hope)
Windows users will have to run the following command (you’ll need the
proper PATH setup to run Python from your command prompt!)
python setup.py bdist_msi and then run the newly built
dist/lyricscreen-X.X.X.win32.msi to install the program.
NOTE: Windows Users: When you run lyricscreen for the first
time, it will try to symlink the web_client which will fail unless
you run it in an elevated command prompt or as Administrator. So, when
you run it for the first time (per user), you will need to do so from a
command prompt running as Administrator.
Windows Installer
TODO: Coming soon! I need to implement building this via wine on
Linux and make it happen on PyPi updates. For now, refer to installation
via Git instructions on how to build a Windows installer.
Basic Usage
Command Line
If you installed LyricScreen through pip, as long as your PATH
is properly configured, you should be able to just run lyricscreen
from your terminal. LyricScreen should automatically fire up and open a
browser page with access to the web console. It’s that simple!
lyricscreen --help will show all the command line flags and options.
Windows Installation
TODO: Windows installation usage. For now, you’ll have to have
Python scripts and such setup in your PATH and follow the Command line
usage.
Configuration
Generate the default config with lyricscreen --create-config. It
will tell you the location of the generated default config file. Open
the file in your favorite text editor and modify the values to suit your
needs.
The command line binary accepts an argument pointing to your preferred
config file if you require multiple configurations and switch between
them frequently.
Development
Backend
The module is contained in the lyricscreen directory.
Web Client
The web client is found in the lyricscreen/http directory, but
you’ll need to do a bit of setup to contribute properly. It runs on
lyricscreen/httpserver.py, though it’s capable of running through
other HTTP servers such as Apache or nginx, since the web client is
really just some html files, stylesheets, and some fairly
straightforward JavaScript.
To get setup for contributing to the Web Client, you’ll need the
following packages installed.
npmNode Package Manager (You’ll need
node.js installed)
gulp Streaming build system (npm install -g gulp)
bower Front-end package manager (npm install -g bower)
Once that’s done, navigate to the web client directory
(lyricscreen/http) and do the following to build the assets.
npm install
bower install
gulp
You can also use gulp watch to continually build as changes are
made. If you use a LiveReload plugin, this also sends refresh messages
on file changes for a reload.
It’s highly recommended to symlink the development directory’s web
client to the directory LyricScreen uses by default by running this:
ln -s "$PWD/lyricscreen/http" "$HOME/.config/lyricscreen/web_client"
Concerns
There is zero security currently implemented. Anyone could
theoretically open up their browser and open a console through your
http server and do whatever they want.
Currently absolutely zero ease-of-use and UX. Eventual goal is run
the program and have everything pre configured and managable from one
interface without needing to edit configs or restart stuff. See TODO
list.
TODO
Authentication info/system for console connections?
Idea: on-run, prompt or generate an admin password, require initial
auth from “console” connections. Should be fine enough for short
term? |
I believe that many of you have dealt with such a problem. One day you are working in the text editor, saving the document and closing it. And the next day you are re-reading the text and realizing that one of the previous versions was better but there is no way to get it back. This thing can be easily handled by the version control system (for example, git), but it’s used mostly by the developers and not the ordinary people who work with texts. In this mission you’ll help the latter by creating a text editor prototype that supports the version control system, which will allow...
Your task is to create 2 classes: Text and SavedText. The first will works with texts (adding, font changing, etc.), the second will control the versions and save them.
Class Text should have the next methods:
(text) - adds (text) to the current text;
(font name) - sets the chosen font. Font is applied to the whole text, even if it’s added after the font is set. The font is displayed in the square brackets before and after the text: "[Arial]...example...[Arial]". Font can be specified multiple times but only the last variant is displays;
- returns the current text and font (if is was set);
(SavedText.get_version(number)) - restores the text of the chosen version.
Class SavedText should have the next methods:
(Text) - saves the current text and font. The first saved version has the number 0, the second - 1, and so on;
(number) - this method works with the 'restore' method and is used for choosing the needed version of the text. |
[ Updates & News ] [ Poetry & Stories ] [ A Buddhist Web-journal ] [ Theravada Writings ] [ Zen / Ch'an Writings ] [ Buddhist Webrings ] [ Buddhist Links ] [ About this Page ] [ Home ]
The Cucumber Sage:
The record of the life and teachings of Wu-Ming
As told by Master Tung-Wang
Abbott of Han-hsin monastery in the
Thirteenth year of the Earth Dragon period (898)
M y dear friend, the most reverend master Tung-Wang,
Old and ill, I lay here knowing that writing this note will be my last act upon this earth and that by the time you read it I will be gone from this life.
Though we have not seen each other in the many years since we studied together under our most venerable Master, I have often thought of you, his most worthy successor. Monks from throughout China say that you are a true lion of the Buddha Dharma; one whose eye is a shooting star, whose hands snatch lightning, and whose voice booms like thunder. It is said that your every action shakes heaven and earth and causes the elephants and dragons of delusion to scatter helplessly. I am told that your monastery is unrivaled in severity, and that under your exacting guidance hundreds of monks pursue their training with utmost zeal and vigor. I've also heard that in the enlightened successor department your luck has not been so good. Which brings me to the point of this letter.
I ask that you now draw your attention to the young man to whom this note is attached. As he stands before you, no doubt smiling stupidly as he stuffs himself with pickled cucumbers, you may be wondering if he is as complete a fool as he appears, and if so, what prompted me to send him to you. In answer to the first question, I assure you that Wu-Ming's foolishness is far more complete than mere appearance would lead you to believe. As for the second question, I can only say that despite so benumbed a condition, or perhaps because of it, still more likely, despite of and because of it, Wu-Ming seems to unwittingly and accidentally serve the function of a great Bodhisattva. Perhaps he can be of service to you.
Allow him sixteen hours of sleep daily and provide him with lots of pickled cucumbers and Wu-Ming will always be happy. Expect nothing of him and you will be happy.
Respectfully, Chin-Mang
After Chin-mang's funeral, the supporters of his temple arranged for Wu-Ming's journey to Han-hsin monastery, where I resided, then, as now, as Abbott. A monk found Wu-ming at the monastery gate and seeing a note bearing my name pinned to his robe, led him to my quarters.
Customarily, when first presenting himself to the Abbott, a newly arrived monk will prostrate himself three times and ask respectfully to be accepted as a student. And so I was taken somewhat by surprise when Wu-ming walked into the room, took a pickled cucumber from the jar under his arm, stuffed it whole into his mouth, and happily munching away, broke into the toothless imbecilic grin that would one day become legendary. Taking a casual glance around the room, he smacked his lips loudly and said, "What's for lunch?"
After reading dear old Chin Mang's note, I called in the head monk and asked that he show my new student to the monk's quarters. When they had gone I reflected on chin-mang's words. Han-hsin was indeed a most severe place of training: winters were bitterly cold and in summer the sun blazed. The monks slept no more than three hours each night and ate one simple meal each day. For the remainder of the day they worked hard around the monastery and practiced hard in the meditation hall. But, alas, Chin-mang had heard correctly, Among all my disciples there was none whom I felt confident to be a worthy vessel to receive the untransmittable transmitted Dharma. I was beginning to despair that I would one day, bereft of even one successor, fail to fulfill my obligation of seeing my teacher's Dharma-linage continued.
The monks could hardly be faulted for complacency or indolence. Their sincere aspiration and disciplined effort were admirable indeed, and many had attained great clarity of wisdom. But they were preoccupied with their capacity for harsh discipline and proud of their insight. They squabbled with one another for positions of prestige and power and vied amongst themselves for recognition. Jealousy, rivalry and ambition seemed to hang like a dark cloud over Han-shin monastery, sucking even the most wise and sincere into its obscuring haze. Holding Chin-mang's note before me, I hoped and prayed that this Wu-ming, this "accidental Bodhisattva" might be the yeast my recipe seemed so much in need of.
To my astonished pleasure, Wu-ming took to life at Han-shin like a duck to water. At my request, he was assigned a job in the kitchen pickling vegetables. This he pursued tirelessly, and with a cheerful earnestness he gathered and mixed ingredients, lifted heavy barrels, drew and carried water, and, of course, freely sampled his workmanship. He was delighted!
When the monks assembled in the meditation hall, they would invariably find Wu-ming seated in utter stillness, apparently in deep and profound samadhi. No one even guessed that the only thing profound about Wu-ming's meditation was the profound unlikelihood that he might find the meditation posture, legs folded into the lotus position, back erect and centered, to be so wonderfully conducive to the long hours of sleep he so enjoyed.
Day after day and month after month, as the monks struggled to meet the physical and spiritual demands of monastery life, Wu-ming, with a grin and a whistle, sailed through it all effortlessly. Even though, if the truth be told, Wu-ming's Zen practice was without the slightest merit, by way of outward appearance he was judged by all to be a monk of great accomplishment and perfect discipline. Of course . I could have dispelled this misconception easily enough, but I sensed that Wu-ming's unique brand of magic was taking effect and I was not about to throw away this most absurdly skillful of means.
By turns the monks were jealous, perplexed, hostile, humbled and inspired by what they presumed to be Wu-ming's great attainment. Of course it never occurred to Wu-ming that his or anyone else's behavior required such judgments, for they are the workings of a far more sophisticated nature than his own mind was capable. Indeed, everything about him was so obvious and simple that others thought him unfathomably subtle.
Wu-ming's inscrutable presence had a tremendously unsettling effect on the lives of the monks, and undercut the web of rationalizations that so often accompanies such upset. His utter obviousness rendered him unintelligible and immune to the social pretensions of others. Attempts of flattery and invectives alike were met with the same uncomprehending grin, a grin the monks felt to be the very cutting edge of the sword of Perfect Wisdom. Finding no relief or diversion in such interchange, they were forced to seek out the source and resolution of their anguish each within his own mind. More importantly, and absurdly, Wu-ming caused to arise in the monks the unconquerable determination to fully penetrate the teaching "The Great Way is without difficulty" which they felt he embodied.
Though in the course of my lifetime I have encountered many of the most venerable progenitors of the Tathagata's teaching, never have I met one so skilled at awakening others to their intrinsic Buddhahood as this wonderful fool Wu-ming. His spiritual non-sequiturs were as sparks, lighting the flame of illuminating wisdom in the minds of many who engaged him in dialogue.
Once a monk approached Wu-ming and asked in all earnestness, "In the whole universe, what is it that is most wonderful?" Without hesitation Wu-ming stuck a cucumber before the monks face and exclaimed, "There is nothing more wonderful than this!" At that the monk crashed through the dualism of subject and object, "The whole universe is pickled cucumber; a pickled cucumber is the whole universe!" Wu-ming simply chuckled and said, "Stop talking nonsense. A cucumber is a cucumber; the whole universe is the whole universe. What could be more obvious?" The monk, penetrating the perfect phenomenal manifestation of Absolute Truth, clapped his hands and laughed, saying, "Throughout infinite space, everything is deliciously sour!"
On another occasion a monk asked Wu-ming, "The Third Patriarch said, "The Great Way is without difficulty, just cease having preferences." How can you then delight in eating cucumbers, yet refuse to even take one bit of a carrot?" Wu-ming said, "I love cucumbers; I hate carrots!" The monk lurched back as though struck by a thunderbolt. Then laughing and sobbing and dancing about he exclaimed, "Liking cucumbers and hating carrots is without difficulty, just cease preferring the Great Way!"
Within three years of his arrival, the stories of the "Great Bodhisattva of Han-hsin monastery" had made their way throughout the provinces of China. Knowing of Wu-ming's fame I was not entirely surprised when a messenger from the Emperor appeared summoning Wu-ming to the Imperial Palace immediately.
From throughout the Empire exponents of the Three Teachings of Buddhism, Confucianism and Taoism were being called to the Capitol, there the Emperor would proclaim one to be the true religion to be practiced and preached in all lands under his rule. The idea of such competition for Imperial favor is not to my approval and the likelihood that a religious persecution might follow troubled me greatly. But an order from the Emperor is not to be ignored, so Wu-ming and I set out the next day.
Inside the Great Hall were gathered the more than one hundred priests and scholars who were to debate one another. They were surrounded by the most powerful lords in all China, along with innumerable advisors, of the Son of Heaven. All at once trumpets blared, cymbals crashed, and clouds of incense billowed up everywhere. The Emperor, borne on by a retinue of guards, was carried to the throne. After due formalities were observed the Emperor signaled for the debate to begin.
Several hours passed as one after another priests and scholars came forward presenting their doctrines and responding to questions. Through it all Wu-ming sat obliviously content as he stuffed himself with his favorite food. When his supply was finished, he happily crossed his legs, straightened his back and closed his eyes. But the noise and commotion were too great and, unable to sleep, he grew more restless and irritable by the minute. As I clasped him firmly by the back of the neck in an effort to restrain him, the Emperor gestured to Wu-ming to approach the Throne.
When Wu-ming had come before him, the Emperor said, "Throughout the land you are praised as a Bodhisattva whose mind is like the Great Void itself, yet you have not had a word to offer this assembly. Therefore I say to you now, teach me the True Way that all under heaven must follow." Wu-ming said nothing. After a few moments the Emperor, with a note of impatience, spoke again, "Perhaps you do not hear well so I shall repeat myself! Teach me the True Way that all under heaven must follow!" Still Wu-ming said nothing, and silence rippled through the crowd as all strained forward to witness this monk who dared behave so bold a fashion in the Emperor's presence.
Wu-ming heard nothing the Emperor said, nor did he notice the tension that vibrated through the hall. All that concerned him was his wish to find a nice quiet place where he could sleep undisturbed. The Emperor spoke again, his voice shaking with fury, his face flushed with anger: "You have been summoned to this council to speak on behalf of the Buddhist teaching. Your disrespect will not be tolerated much longer. I shall ask one more time, and should you fail to answer, I assure you the consequence shall be most grave. Teach me the True Way that all under heaven must follow!" Without a word Wu-ming turned and, as all looked on in dumbfounded silence, he made his way down the aisle and out the door. There was a hush of stunned disbelief before the crowd erupted into an uproar of confusion. Some were applauding Wu-ming's brilliant demonstration of religious insight, while others rushed about in an indignant rage, hurling threats and abuses at the doorway he had just passed through. Not knowing whether to praise Wu-ming or to have him beheaded, the Emperor turned to his advisors, but they were none the wiser. Finally, looking out at the frantic anarchy to which his grand debate had been reduced, the Emperor must surely have realized that no matter what Wu-ming's intentions might have been, there was now only one way to avoid the debate becoming a most serious embarrassment.
"The great sage of Han-hsin monastery has skillfully demonstrated that the great Tao cannot be confined by doctrines, but is best expounded through harmonious action. Let us profit by the wisdom he has so compassionately shared, and each endeavor to make our every step one that unites heaven and earth in accord with the profound and subtle Tao."
Having thus spoken the Son of Heaven concluded the Great Debate.
I immediately ran out to find Wu-ming, but he had disappeared in the crowded streets of the capitol.
Ten years have since passed, and I have seen nothing of him. However, on occasion a wandering monk will stop at Han-hsin with some bit of news. I am told that Wu-ming has been wandering about the countryside this past decade, trying unsuccessfully to find his way home. Because of his fame he is greeted and cared for in all quarters with generous kindness; however, those wishing to help him on his journey usually find that they have been helped on their own.
One young monk told of an encounter in which Wu-ming asked him, "Can you tell me where my home is?" Confused as to the spirit of the question. The monk replied, "Is the home you speak of to be found in the relative world of time and place, or do you mean the Original Home of all pervading Buddha nature?"
After pausing a moment to consider the question, Wu-ming looked up and, grinning as only he is capable, said, "Yes." |
Rivera was fighting with a man, who was trying to stop him from using his police radio, an arrest report states. He asked for backup to "step it up." |
230 Cal.App.2d 805 (1964)
THE PEOPLE, Plaintiff and Respondent,
v.
LOBISS PARKS et al., Defendants and Appellants.
Crim. No. 3541.
California Court of Appeals. Third Dist.
Nov. 18, 1964.
Lobiss Parks, in pro. per., and W. Jackson Willoughby III, under appointment by the District Court of Appeal, for Defendants and Appellants.
Stanley Mosk and Thomas C. Lynch, Attorneys General, Doris H. Maier, Assistant Attorney General, and Roger E. Venturi, Deputy Attorney General, for Plaintiff and Respondent.
PIERCE, P. J.
Appellants Lobiss Parks and James Williams were convicted of three offenses: violation of Penal Code section 475 (possession of uncompleted money orders with intent to defraud), violation of Penal Code section 475a (possession of a completed money order with similar intent), and of conspiracy to violate Vehicle Code section 4462 (use of a license plate upon an automobile for which it was not issued). Their appeals from the judgment following conviction raise the contentions that (1) evidence, the product *807 of an illegal search, was improperly admitted in evidence; (2) that Williams was improperly denied a continuance of trial for the purpose of obtaining private counsel of his own choice; (3) that his confession to police officers was coerced; and (4) that it was reversible error to permit the district attorney to repudiate a promise of immunity in exchange for a second confession made by Williams. All contentions must be disallowed.
At the trial neither appellant took the stand. Both rested their cases without calling any witnesses or presenting any other evidence. The prosecution's proof may be outlined as follows:
On June 24, 1963, a San Francisco grocery store had been burglarized and certain identifiable Traveler's Express money orders had been stolen.
On the evening of June 25, 1963, in San Francisco, an unidentified person who resembled appellant Williams had snatched a purse from Mrs. Berta Erickson which contained, in addition to money, a wallet in which were her identification card and a Bank Americard.
Thereafter several of the stolen money orders were cashed. The person or persons cashing them had used the names, "James M. Williams," "James Williams," "Berta Erickson," "Paul Erickson," and "Carl Erickson." Mrs. Erickson, a People's witness at the trial, testified that the signatures on the money orders were not hers or her husband's. Nor had she ever purchased or possessed these money orders.
At 2:30 a.m., July 1, 1963, patrolling officers of the Sacramento Sheriff's staff, John Eustis and Richard Frost, observed a '63 Pontiac sedan being driven westerly on U.S. Highway 50, approximately 3 miles east of Perkins. Although its speed--40 to 45 miles per hour--was well within the speed limit, it was "weaving" from side to side (but within its lane), and other cars which had passed it seemed to be endangered so these officers deemed it to be a menace. They thought the driver was either intoxicated or was unfamiliar with the operation of the car's power steering and was "oversteering." After following the car for 2 or 2 1/2 miles, the officers caused it to stop.
In the front seat were two young women, Divey Revels and her sister, Marlene Brown. Defendant Williams and one William Scott were in the back seat. Defendant Parks, the driver, got out of the car. He was asked for his driver's *808 license, had none, and stated the car had been borrowed from an unidentified friend. During this part of the conversation Williams volunteered no information.
Parks was asked to, and did, unfasten the registration certificate from the car's steering post and showed it to the officers. The officers had already noted the license plates on the car--KWM 821. However, the license number stated on the certificate was MVA 002, and the car was registered to "James Williams." Williams then identified himself and told the officers he owned the car. He stated he had no knowledge the license plates were not the ones issued therefor. Through radio inquiries the California Highway Patrol advised the officers that the license plates on the car had recently been reported stolen from another vehicle at Lake Tahoe. (Later members of the Highway Patrol joined the sheriff's officers.) Meanwhile, upon the officers' request, Williams gave his consent to a search of his car, during which the plates belonging to the car were found in the trunk compartment. Williams told the officers he did not know how the plates had been switched.
All members of the party were taken to the county jail. Upon arrival, the car was again searched and Mrs. Erickson's wallet and Bank Americard were discovered under the rear seat.
Thereafter all occupants of the car, except Parks, gave statements to the police. The men were charged with the offenses noted above. Both women testified for the People at the trial. So also did William Scott who had theretofore pleaded guilty to his participation in the crimes. From the testimony of these witnesses, the following appears:
Scott testified that Parks had met him on a street in San Francisco on the afternoon of June 29th. Parks told Scott he had won some bondified money orders from a sailor in a "dice game" and wanted to pass them in Reno. He needed transportation. Scott and Parks then went to Williams' residence. Williams joined them and furnished his car. A check protector was obtained and used to print dollar denominations on the money orders. The men visited the two girls, and a third, Mamie, at their residences and persuaded them to join them on the excursion. (Mamie left the party in Reno.) The girls were told that the purpose of the trip to Reno was to gamble at the casinos. The group drove to Reno where they gambled. The men cashed some of the money orders. Efforts to cash others were unsuccessful. There is no evidence *809 that the girls participated in or were aware of this money order cashing. Because of realization that the license number of Williams' Pontiac had been obtained and written on a money order by one of their victims, the men decided to steal and substitute license plates from another car. This was accomplished at the South Shore of Lake Tahoe.
Marlene Brown testified that when the officers had signaled their car to stop Parks had given her a "handful" of money orders, telling her to hide them on her person since the police would not search a woman. She did so and later disposed of them in a wastebasket at the county jail. When her sister, Divey, informed a matron that Marlene had the money orders, Marlene showed the matron where they had been put and they were recovered. (They were introduced in evidence.) Divey testified that Parks threw the wallet to her at the same time he had given the money orders to Marlene, and she had first hidden it in her bra and later disposed of it by putting it under the back seat where it was discovered as related above.
Williams, at the sheriff's office, made a statement to two officers. Their testimony established it was given freely, voluntarily and without coercion after Williams had been advised of his constitutional rights, including his right to an attorney. The statement coincided closely with Scott's testimony and that of the two girls. Added thereto was the information that two of the money orders had been cashed by him at a casino on the South Shore of Lake Tahoe and that he and Parks had gambled and lost the proceeds. He declared he did not want the girls to be accused as accomplices and go to jail for something they had not done.
[1a] Appellants' principal contention is that the money orders, wallet and its contents introduced in evidence were obtained as the result of an illegal search and seizure. Their theory is that the movements of Williams' car on the highway did not justify an arrest, that the arrest was illegal and that the fruits of a search after an illegal arrest are inadmissible. The last of the foregoing assertions is a correct abstract statement of law. [2] A search is not justified by what it turns up, and evidence obtained as the result of a search following an illegal arrest is inadmissible. (People v. Haven, 59 Cal.2d 713 [31 Cal.Rptr. 47, 381 P.2d 927].) Here the owner of the car gave consent to the search of the car, but such consent if made immediately following an illegal arrest would have been "inextricably bound up with the illegal conduct and cannot be segregated therefrom." (People v. Haven, supra, at p. 719.) *810
However, in the case at bench there was no arrest before the search and no illegal arrest thereafter. [3] It is true that a search made of an automobile without a search warrant after an arrest for a traffic violation only is illegal. (People v. Molarius, 146 Cal.App.2d 129 [303 P.2d 350].) But defendants were never arrested for any traffic violation. Appellants confuse the stopping of their car for purposes of interrogation with an arrest. (See 51 Cal.L.Rev. 907, 909, 910, citing Moore v. State (Okla Crim.) 306 P.2d 358; People v. King, 175 Cal.App.2d 386, 390 [346 P.2d 235]; People v. Ellsworth, 190 Cal.App.2d 844, 846 [12 Cal.Rptr. 433].)
[1b] The stopping of this car under the circumstances described above was proper. Erratic "weaving" of appellants' car appeared to the officers to be endangering other motorists as they maneuvered to pass. The officers would have been derelict in their duty if they had not stopped the car to ascertain the cause of its weaving. Request made for inspection of the driver's license was routine. Request for inspection of the registration certificate was a natural concomitant. This, in turn, led successively to discovery (1) that the car's license plates were not those issued for that car; (2) that they were stolen; and (3) that the car's own plates were in the car's trunk. The search which produced the latter evidence and also the stolen wallet was made before arrest (although arrest before such discovery would have been with probable cause of a criminal violation of Vehicle Code section 4462 and therefore justified). Moreover, the search was made with consent. It was not illegal and the evidence which was its product was properly admitted in evidence. (People v. Cowman, 223 Cal.App.2d 109 [35 Cal.Rptr. 528]; People v. Anguiano, 198 Cal.App.2d 426 [18 Cal.Rptr. 132]; People v. Koelzer, 222 Cal.App.2d 20 [34 Cal.Rptr. 718]; People v. King, supra, 175 Cal.App.2d at p. 389.)
Appellant Williams, on the first day of trial, requested a continuance for the purpose of procuring private counsel. The request was denied.
The application of a defendant in a criminal action for a continuance of the trial based upon an effort to obtain different counsel is a matter within the trial court's discretion to grant or deny, and a denial of continuance will not be interfered with by a reviewing court in the absence of a showing of an abuse of discretion. (People v. Dorman, 28 Cal.2d 846, 849 [172 P.2d 686]; People v. Whinnery, 55 Cal.App.2d 794, 798 [131 P.2d 33]; and see People v. Chessman, 38 Cal. *811 2d 166, 174 [238 P.2d 1001].) [4] There was no abuse of discretion in the case at bench. Williams had admitted he did not have money with which to employ an attorney. An attorney had been appointed by the court to represent him, and this attorney had in fact represented him during the preliminary examination and thereafter. Sometime before trial Williams had attempted to have relatives raise funds with which to employ another attorney. These attempts had been unavailing. When at the time of trial Williams made his request for a continuance there was no showing of his then present financial ability to employ counsel. Also, upon inquiry by the court, he expressly affirmed that he was being competently represented by his court-appointed counsel. Denial of the continuance was proper.
Appellant Williams' next contention that his statement given to the officers at the county jail was "coerced" because given under the belief that the girls would be held and prosecuted if he did not confess has no substance. There is no showing in the record that the officers made any representations or offered any inducements to Williams involving the girls. According to the testimony of the officers, which is uncontradicted, the statement given by Williams was wholly voluntary.
The last contention of appellants is that it was error to allow the district attorney's office to get a second statement from Williams induced by a promise of immunity and then to repudiate the promise. After an attorney had been appointed for Williams, the latter, upon the advice of the attorney, gave a formal statement to a deputy district attorney with a stenographic reporter present. The giving of this statement was attended by negotiations between Williams' attorney and the deputy district attorney for a deal whereby Williams would become a witness for the People at the trial of Parks in exchange for immunity. These negotiations were discontinued when it was learned that Williams had a prior record. The statement given to the deputy district attorney was not admitted in evidence. It is not entirely clear from the record how far the negotiations had progressed before they were discontinued, but for purposes of the discussion to follow we will assume that the claimed promise was given.
[5] A promise of immunity given by a district attorney, but not approved by the judge, cannot bind the State to dismiss the charge. [6] Entry of a nolle prosequi (except in certain instances not here involved) has been abolished in California; *812 a district attorney can only recommend dismissal to the court. [7] Dismissal is within the latter's exclusive discretion. (Pen. Code, 1385, 1386; People v. Romero, 13 Cal.App.2d 667, 670 [57 P.2d 557].)
[8] However, a confession induced by a promise of dismissal could not be said to be voluntary. [9a] But here the confession obtained during negotiations for immunity was not used. The trial judge properly stated it would not be admitted, and as a matter of fact, it appeared that it had not been transcribed by the reporter and that the prosecution had had no intention to use it. It was never brought to the attention of the jury in any way.
[10] Exclusion from evidence of a confession obtained as the result of an unfulfilled promise of immunity might not in all cases erase all harm done a defendant. To permit any other substantial advantage so gained to be taken would seem to constitute courts and court officers as partners in a conscience-shocking "confidence" conspiracy to obtain convictions. Certainly, it could not be said to be an exacting from government of that "standard of rectangular rectitude when dealing with its citizens" discussed by Justice Carter (in another context) in Farrell v. County of Placer, 23 Cal.2d 624, 628 [145 P.2d 570, 153 A.L.R. 323]. And we think the endorsement of any harm to a defendant clearly traceable to seduced assistance by an accused could and should be dimly viewed by a reviewing court.
[9b] But in the case at bench, after a somewhat painstaking scrutinizing of the record, we can find no advantage of any kind taken of either defendant. Williams had already given a full uncoerced confession to the officers days before the assertedly tainted negotiations. The girls involved had freely related all they knew. (Whether Scott's confession and plea of guilty preceded or succeeded the negotiations with Williams does not appear.) No showing has been made that there was anything contained in the unused confession which could have added to the information already in possession of the prosecution. (The deputy district attorney who prepared and tried the case was not the person who had received the unused confession. The former represented to the court that the confession had not been transcribed and that he was unaware of its content.)
We find no error in the record and an overall appraisal thereof shows proof of guilt of both appellants so overwhelming that it is inconceivable the jury could have reached any *813 other verdict. There was no miscarriage of justice. (Cal. Const., art. VI, 4 1/2.)
The judgment is affirmed.
Friedman, J., and Van Dyke, J., [fn. *] concurred.
NOTES
[fn. *] *. Retired Presiding Justice of the District Court of Appeal sitting under assignment by the Chairman of the Judicial Council.
|
Michael Cox (novelist)
Michael Andrew Cox (1948-2009) was an English writer and editor.
Biography
Michael Cox was born on 25 October 1948 to parents who worked in the footwear industry. Michael Cox attended Wellingborough Grammar School (now known as Wrenn School), later graduating from St. Catharine's College, Cambridge in 1971. He studied English and had intended to be an academic, but he instead signed a contract with the record-publishing group EMI, making two albums and several singles early in the decade under the pseudonym Matthew Ellis on the Regal Zonophone label. He also subsequently recorded an album for DJM and singles for various labels as Obie Clayton.
Cox dedicated both of his novels to Dizzy Crockett whom he married in 1973. They later had a daughter. In 1977, he joined Thorsons Publishing Group (later part of Harper Collins). Cox's first book was a biography of M. R. James, a Victorian ghost story writer and this was published in 1983 by Oxford University Press. Between 1983 and 1997, he compiled and edited several anthologies of Victorian short stories for Oxford University Press and the first two were co-edited by R. A. Gilbert.
In 1989 Cox joined Oxford University Press, where he became senior commissioning editor and there completed encyclopaedic work: compiling A Dictionary of Writers and their Works (1991) and The Oxford Chronology of English Literature (2002). His first novel, The Meaning of Night, was published in 2006 and was shortlisted for the 2006 Costa first novel award. Inspired by authors such as Charles Dickens (a childhood favorite), Wilkie Collins, and Mary Elizabeth Braddon, this thriller novel is set both in a dirty, corrupting 1850's London, and Evenwood, an idyllic country estate - both equally full of mysteries. It was followed by a sequel,The Glass of Time set twenty years later.
Medical Issues
In 1992 Cox noticed that he had breathing difficulties and it was discovered that he had an unusual tumour in his left nostril. This was treated, but during his five-year check up, a further tumour was noted on his pituitary gland In April 2004, he began to lose his sight as a result of a rare vascular cancer, haemangiopericytoma. In preparation for surgery he was prescribed the steroidal drug, dexamethasone, one of the effects of which was to initiate a temporary burst of mental and physical energy. This, combined with the stark realization that his blindness might return if the treatment wasn't successful, spurred Michael finally to begin writing in earnest the novel that he had been contemplating for over thirty years, and which up to then had only existed as a random collection of notes, drafts, and discarded first chapters. Following surgery, work continued on what is now The Meaning of Night, and in January 2005, after a hotly contested UK auction, it was sold to John Murray (a subdivision of Hodder Headline) for £430,000 Michael Cox died of cancer on 31 March 2009.
Anthologies Edited
The Oxford Book of English Ghost Stories (with R. A. Gilbert), 1986.
Casting the Runes and Other Ghost Stories (by M.R. James), 1987.
Victorian Ghost Stories: An Oxford Anthology (with R. A. Gilbert), 1991 (vt. The Oxford Book of Victorian Ghost Stories, 2003).
The Oxford Book of Historical Stories (with Jack Adrian), 1994.
The Oxford Book of Twentieth-Century Ghost Stories, 1996.
Twelve Tales of the Supernatural, 1997.
Twelve Victorian Ghost Stories, 1997.
See also
The Meaning of Night
The Glass of Time
References
External links
The Meaning of Night: A Novel
The Glass of Time: A Novel
The Meaning of Night Reviews at Metacritic
Interview With Michael Cox
Obituary in The Daily Telegraph
Category:1948 births
Category:2009 deaths
Category:Alumni of St Catharine's College, Cambridge
Category:Deaths from cancer in England
Category:English biographers
Category:English crime fiction writers
Category:English historical novelists
Category:Oxford University Press people
Category:People from Northamptonshire
Category:English male novelists
Category:20th-century English novelists
Category:20th-century biographers
Category:20th-century British male writers
Category:English male non-fiction writers |
import Foundation
public protocol RepositoryController: AnyObject
{
var repository: BasicRepository { get }
var queue: TaskQueue { get }
var cachedStagedChanges: [FileChange]? { get set }
var cachedAmendChanges: [FileChange]? { get set }
var cachedUnstagedChanges: [FileChange]? { get set }
func invalidateIndex()
}
/// Manages tasks and data related to working with a repository, such as cached
/// data and things not directly related to repository operations, such as
/// the task queue and tracking file changes.
class GitRepositoryController: NSObject, RepositoryController
{
let xtRepo: XTRepository
var repository: BasicRepository { xtRepo }
@objc public let queue: TaskQueue
let mutex = Mutex()
var refsIndex = [String: [String]]()
fileprivate var repoWatcher: RepositoryWatcher?
fileprivate let configWatcher: ConfigWatcher
fileprivate var workspaceWatcher: WorkspaceWatcher?
fileprivate(set) var cachedHeadRef, cachedHeadSHA, cachedBranch: String?
// Named with an underscore because the public accessors use the mutex
private var _cachedStagedChanges, _cachedAmendChanges,
_cachedUnstagedChanges: [FileChange]?
private var _cachedBranches: [String: GitBranch] = [:]
var cachedStagedChanges: [FileChange]?
{
get { mutex.withLock { _cachedStagedChanges } }
set { mutex.withLock { _cachedStagedChanges = newValue } }
}
var cachedAmendChanges: [FileChange]?
{
get { mutex.withLock { _cachedAmendChanges } }
set { mutex.withLock { _cachedAmendChanges = newValue } }
}
var cachedUnstagedChanges: [FileChange]?
{
get { mutex.withLock { _cachedUnstagedChanges } }
set { mutex.withLock { _cachedUnstagedChanges = newValue } }
}
var cachedBranches: [String: GitBranch]
{
get { mutex.withLock { _cachedBranches } }
set { mutex.withLock { _cachedBranches = newValue } }
}
var cachedIgnored = false
let diffCache = Cache<String, Diff>(maxSize: 50)
static func taskQueueID(path: String) -> String
{
let identifier = Bundle.main.bundleIdentifier ?? "com.uncommonplace.xit"
return "\(identifier).\(path)"
}
init(repository: XTRepository)
{
self.xtRepo = repository
self.queue = TaskQueue(id: Self.taskQueueID(path: repository.repoURL.path))
self.configWatcher = ConfigWatcher(repository: repository)
super.init()
self.repoWatcher = RepositoryWatcher(controller: self)
self.workspaceWatcher = WorkspaceWatcher(controller: self)
repository.controller = self
}
deinit
{
repoWatcher?.stop()
configWatcher.stop()
workspaceWatcher?.stop()
}
}
// Caching
extension GitRepositoryController
{
@objc public var currentBranch: String?
{
mutex.lock()
defer { mutex.unlock() }
if cachedBranch == nil {
refsChanged()
}
return cachedBranch
}
func addCachedBranch(_ branch: GitBranch)
{
mutex.withLock {
_cachedBranches[branch.name] = branch
}
}
func clearCachedBranch()
{
mutex.withLock {
cachedBranch = nil
}
}
func refsChanged()
{
cachedBranches = [:]
// In theory the two separate locks could result in cachedBranch being wrong
// but that would only happen if this function was called on two different
// threads and one of them found that the branch had just changed again.
// Not likely.
guard let newBranch = xtRepo.calculateCurrentBranch(),
mutex.withLock({ newBranch != cachedBranch })
else { return }
changingValue(forKey: #keyPath(currentBranch)) {
mutex.withLock {
cachedBranch = newBranch
}
}
}
func invalidateIndex()
{
mutex.withLock {
cachedStagedChanges = nil
cachedAmendChanges = nil
cachedUnstagedChanges = nil
}
}
}
|
1. Field of Invention
The present invention relates generally to the field of fluid analysis at temperature and pressure conditions existing at the source of the fluid, or at least temperatures different than ambient, including, but not limited to, reservoir hydrocarbon and aqueous based fluids, drilling muds, frac fluids, and the like having one or more phases (gases, solids and liquids).
2. Related Art
Fluid systems, under the influence of changes in one or more of pressure, temperature, fluid mixing, and/or chemical composition, may contain or develop solid particles that are of interest. One method of investigation uses visible light passing through a sample of the fluid to study the development and properties of these solid particles. There are equipment and experimental limitations to increasing the power of the light source, yet some fluid samples transmit less light than others; therefore it is desirable to be able to change the thickness of the fluid sample under investigation. Furthermore it is desirable to make this change while the sample remains at or near the pressure and temperature of interest.
U.S. Pat. No. 7,079,242, assigned to Core Laboratories, discloses a method and apparatus for determining characteristics of particles in a fluid sample. The method comprises passing light through a window in a view cell in order to observe particles of interest in a pressurized fluid. The operation of pumps causes a sample fluid to pass through the view cell, the view cell having ports connected to a chamber having windows positioned on either side of the chamber to allow visual examination of the sample fluid as it traverses through the chamber. The size of chamber may be adjustable to maintain a predetermined light transmission through the sample fluid as the properties of the fluid samples change. However, adjustment of the size of the sample chamber, either manually or hydraulically, requires rotating the cell windows. This is disadvantageous if one desires to study the fluid using polarized light, as the alignment of the crystal axes of the windows will change upon rotation.
U.S. Pat. No. 5,003,174, assigned to Bruker Analytische Messtechnik GmbH, discloses an optical high-pressure view cell that has stepped windows that are optimized for infrared spectroscopy. By giving the windows of the measuring cell according to the patent a stepped design it is possible to make the distance between surfaces defining the sample chamber as small as desired, by convenient selection of the dimensions of a central, cylindrical neck portion of the cell windows, making it possible to realize chambers with an extremely short light path required for certain measurements. This device, however, requires the cell to be disassembled and reassembled with windows of different central, cylindrical neck portion lengths in order to change the sample chamber size, which is inconvenient and time consuming, and does not discuss use of polarized light.
U.S. Pat. No. 5,905,271, assigned to Wedgewood Technology, discloses an inline optical sensor with vernier optical pathlength adjustment and photometric calibration, wherein the adjustable optical path intersects a flowing product stream. The disclosed device apparently permits the optical pathlength through the product stream to be adjusted with a degree of precision which is more than an order of magnitude greater than tolerances of previous inline optical sensors, and permits calibration standards to be inserted and removed without disturbing the pathlength of the optical system or degrading the signal from the system. While it appears the pathlength can be adjusted in this device without changing alignment of the windows, there is no discussion of use of polarized light or cross-polarization filters; only a spectral filter for light entering a detector, and calibration filter are discussed.
Karan and Ratulowski described visual measurement techniques and apparatus for visually measuring pour point and other properties of waxy crude oils at pressures up to 3000 psi[21 MPa]. Measurements of the live oil wax appearance temperature (WAT) were performed using a high pressure cross polar microscope and a laser-based solids detection system. Karan, K., Ratulowski, J., “Measurement of Waxy Crude Properties Using Novel Laboratory Techniques, SPE 62945 (2000), Society of Petroleum Engineers.
Ratulowski et al., “Flow Assurance and Subsea Productivity: Closing the Loop with Connectivity and Measurements”, SPE Paper 90244 (2004) Society of Petroleum Engineers Inc., describe a dynamic approach to managing the risk of hydrocarbons flow interruptions, including the use of real-time measurements during production form the reservoir, the wellbore, and the subsea infrastructure, in monitoring and optimizing a hydrocarbon production system.
Asphaltenes are heavy, highly aromatic molecules that often precipitate from oils due to reductions in pressure and/or temperature or blending with incompatible fluids (see A. Hammami and J. Ratulowski in: Asphaltenes, Heavy Oils and Petroleomics, Oliver C. Mullins, Eric Y. Sheu, Ahmed Hammami, Alan Marshall, Editors, Kluwer Academic Publications, PRECIPITATION AND DEPOSITION OF ASPHALTENES IN PRODUCTION SYSTEMS: A FLOW ASSURANCE OVERVIEW, Chapter 23, 2006). Asphaktenes also contain multiple polar compounds, and may contain intramolecular species including oxygen, nitrogen, and sulfur, that may make the asphaltene molecules surface active. This surface activity may lead to asphaltene deposition on the walls of process equipment and transportation pipelines and allow asphaltene to participate in the stabilization of water-in-oil emulsions. The “strength” of the surface activity of individual asphaltene molecules is dependent on the variation in asphaltene composition. There is experimental evidence that a small, specific sub-fractions of the asphaltene is responsible for the deposits found on solid surfaces (see, for example, M. Zougari, S. Jacobs, A. Hammami, G. Broze, M. Flannery, J. Ratulowski and A. Stankiewicz, “Novel Organic Solid Deposition and Control Device for Live Oils: Design and Applications” Energy & Fuels, 20 (2006) 1656-1663).
Current experimental methods of studying asphaltenes in reservoir fluids involve the detection of solid precipitates in visual or non-visual pressure-volume-temperature (PVT) cells. A hydrocarbon-based fluid would be placed inside the PVT cell under pressure and temperature conditions similar to those experienced within a petroleum reservoir or in the petroleum production process. The pressure and/or temperature of the fluid would then be changed to induce the formation of a solid precipitate (e.g. asphaltene). Detection of solid formation in the hydrocarbon fluid may be done using near-infrared detectors, x-ray detection, or visual detection via a high pressure, high temperature microscopy method. The devices used in these detection methods are limited to suspended particle detection only and cannot change cell size, nor do they use polarized light for analysis (i.e. they can not distinguish between asphaltenes and waxes). They are also limited to fluids that are transparent enough to allow sufficient light to pass (i.e., they cannot be used with dark oils).
In the case of precipitated asphaltenes, high-temperature, high-pressure filtration may be used to collect the asphaltene aggregates and/or floes. While commonly used, the high-pressure, high-temperature filtration process contains some potentially serious limitations to the analysis of asphaltene precipitate. The first and obvious limitation is that the floc size and amount of the recovered asphaltene depends on the pore size of the filter. Also, one must be very careful not to cause precipitated solids (wax and/or asphaltenes) to grate through the pores of the filter by creating too large of a pressure drop across the filter. Secondly, asphaltenes collected by filtration often contain trapped oil that contains dissolved organic solids (wax or asphaltene). There is a risk that these dissolved solids, particularly asphaltenes, can be precipitated during the removal of the trapped oil. The solids from the trapped oil would then be carried through with the filtered asphaltene precipitate, thus representing a “contaminant” that can affect subsequent analytical characterization. Finally, any measurements completed on the filtered solids (e.g., asphaltene) will only provide information about “average” asphaltene properties. The current protocols do not permit sampling and analysis of individual floes and/or aggregates using adjustable pathlength cells and polarized light, an exercise that may reveal possible variations in chemical composition between the aggregates. With an adjustable pathlength, high-temperature, high-pressure cell and polarized light, it may be possible to detect these compositional variations that contribute to both the surface activity and aggregation behavior of asphaltenes.
A long, but heretofore unmet, need exists in the art for apparatus and methods for studying properties of a sample at temperatures and pressures representing those existing at the source of the sample, or at least different than ambient laboratory conditions, using an adjustable pathlength view cell and polarized light. |
Q:
Is using KLOC just to normalize size of projects still bad?
I know many despise KLOC as some managers attempt to correlate that with productivity. But when we speak only comparing sizes of projects using the same languages and coding standards as well as the same tool for LOC calculation. Unlike story points, this seems like a more reasonable way that size of two projects can be compared.
A:
The answer to this question will depend on your coding standards. The stricter they are, the less variation there can be in code produced by two developers, thus the closer the KLOC count will be for the same solution from different people.
But let's assume you work for a company that doesn't mandate every last detail and allows a degree of self-expression when writing code. To take an example, consider the following two ways of writing a method in C# for the fizzbuzz game:
Version 1
IList<string> GenerateFizzBuzzList()
{
var fizzBuzz = new List<string>();
for (var i = 1; i <= 100; i++)
{
var entry = "";
if (i % 3 == 0)
{
entry += "Fizz";
}
if (i % 5 == 0)
{
entry += "Buzz";
}
if (entry == "")
{
entry = i.ToString();
}
fizzBuzz.Add(entry);
}
return fizzBuzz;
}
Version 2
IList<string> GenerateFizzBuzzList()
{
var fizzes = Cycle("", "", "Fizz");
var buzzes = Cycle("", "", "", "", "Buzz");
var words = fizzes.Zip(buzzes, (f, b) => f + b);
var numbers = Range(1, 100);
return numbers.Zip(words, (n, w) => w == "" ? n.ToString() : w).ToList();
}
Both solutions are written in the same language (C#). Both solutions follow the same rules on naming, brace layout and various other conventions (eg using var) that are common in coding standards. Yet version 1 is nearly three times the size of version 2.
Scale these two approaches up to a moderately large app and we might have 80,000 lines in one project and 220,000 in another. But that 140,000 line difference is purely down to the approach taken, rather than because one does more than the other. KLOC can only tell you the comparative size of functionality if exactly the same approach to writing code is adopted for each project. In reality, exactly the same approach is only used by poor quality devs who never learn new techniques and ways of expressing code, ie in reality KLOC is just a measure of the number of lines of code. It measures nothing else so is of no use in trying to measure anything else.
|
package godo
import (
"context"
"fmt"
"net/http"
"time"
)
const (
databaseBasePath = "/v2/databases"
databaseSinglePath = databaseBasePath + "/%s"
databaseResizePath = databaseBasePath + "/%s/resize"
databaseMigratePath = databaseBasePath + "/%s/migrate"
databaseMaintenancePath = databaseBasePath + "/%s/maintenance"
databaseBackupsPath = databaseBasePath + "/%s/backups"
databaseUsersPath = databaseBasePath + "/%s/users"
databaseUserPath = databaseBasePath + "/%s/users/%s"
databaseDBPath = databaseBasePath + "/%s/dbs/%s"
databaseDBsPath = databaseBasePath + "/%s/dbs"
databasePoolPath = databaseBasePath + "/%s/pools/%s"
databasePoolsPath = databaseBasePath + "/%s/pools"
databaseReplicaPath = databaseBasePath + "/%s/replicas/%s"
databaseReplicasPath = databaseBasePath + "/%s/replicas"
evictionPolicyPath = databaseBasePath + "/%s/eviction_policy"
)
// DatabasesService is an interface for interfacing with the databases endpoints
// of the DigitalOcean API.
// See: https://developers.digitalocean.com/documentation/v2#databases
type DatabasesService interface {
List(context.Context, *ListOptions) ([]Database, *Response, error)
Get(context.Context, string) (*Database, *Response, error)
Create(context.Context, *DatabaseCreateRequest) (*Database, *Response, error)
Delete(context.Context, string) (*Response, error)
Resize(context.Context, string, *DatabaseResizeRequest) (*Response, error)
Migrate(context.Context, string, *DatabaseMigrateRequest) (*Response, error)
UpdateMaintenance(context.Context, string, *DatabaseUpdateMaintenanceRequest) (*Response, error)
ListBackups(context.Context, string, *ListOptions) ([]DatabaseBackup, *Response, error)
GetUser(context.Context, string, string) (*DatabaseUser, *Response, error)
ListUsers(context.Context, string, *ListOptions) ([]DatabaseUser, *Response, error)
CreateUser(context.Context, string, *DatabaseCreateUserRequest) (*DatabaseUser, *Response, error)
DeleteUser(context.Context, string, string) (*Response, error)
ListDBs(context.Context, string, *ListOptions) ([]DatabaseDB, *Response, error)
CreateDB(context.Context, string, *DatabaseCreateDBRequest) (*DatabaseDB, *Response, error)
GetDB(context.Context, string, string) (*DatabaseDB, *Response, error)
DeleteDB(context.Context, string, string) (*Response, error)
ListPools(context.Context, string, *ListOptions) ([]DatabasePool, *Response, error)
CreatePool(context.Context, string, *DatabaseCreatePoolRequest) (*DatabasePool, *Response, error)
GetPool(context.Context, string, string) (*DatabasePool, *Response, error)
DeletePool(context.Context, string, string) (*Response, error)
GetReplica(context.Context, string, string) (*DatabaseReplica, *Response, error)
ListReplicas(context.Context, string, *ListOptions) ([]DatabaseReplica, *Response, error)
CreateReplica(context.Context, string, *DatabaseCreateReplicaRequest) (*DatabaseReplica, *Response, error)
DeleteReplica(context.Context, string, string) (*Response, error)
GetEvictionPolicy(context.Context, string) (string, *Response, error)
SetEvictionPolicy(context.Context, string, string) (*Response, error)
}
// DatabasesServiceOp handles communication with the Databases related methods
// of the DigitalOcean API.
type DatabasesServiceOp struct {
client *Client
}
var _ DatabasesService = &DatabasesServiceOp{}
// Database represents a DigitalOcean managed database product. These managed databases
// are usually comprised of a cluster of database nodes, a primary and 0 or more replicas.
// The EngineSlug is a string which indicates the type of database service. Some examples are
// "pg", "mysql" or "redis". A Database also includes connection information and other
// properties of the service like region, size and current status.
type Database struct {
ID string `json:"id,omitempty"`
Name string `json:"name,omitempty"`
EngineSlug string `json:"engine,omitempty"`
VersionSlug string `json:"version,omitempty"`
Connection *DatabaseConnection `json:"connection,omitempty"`
PrivateConnection *DatabaseConnection `json:"private_connection,omitempty"`
Users []DatabaseUser `json:"users,omitempty"`
NumNodes int `json:"num_nodes,omitempty"`
SizeSlug string `json:"size,omitempty"`
DBNames []string `json:"db_names,omitempty"`
RegionSlug string `json:"region,omitempty"`
Status string `json:"status,omitempty"`
MaintenanceWindow *DatabaseMaintenanceWindow `json:"maintenance_window,omitempty"`
CreatedAt time.Time `json:"created_at,omitempty"`
PrivateNetworkUUID string `json:"private_network_uuid,omitempty"`
}
// DatabaseConnection represents a database connection
type DatabaseConnection struct {
URI string `json:"uri,omitempty"`
Database string `json:"database,omitempty"`
Host string `json:"host,omitempty"`
Port int `json:"port,omitempty"`
User string `json:"user,omitempty"`
Password string `json:"password,omitempty"`
SSL bool `json:"ssl,omitempty"`
}
// DatabaseUser represents a user in the database
type DatabaseUser struct {
Name string `json:"name,omitempty"`
Role string `json:"role,omitempty"`
Password string `json:"password,omitempty"`
}
// DatabaseMaintenanceWindow represents the maintenance_window of a database
// cluster
type DatabaseMaintenanceWindow struct {
Day string `json:"day,omitempty"`
Hour string `json:"hour,omitempty"`
Pending bool `json:"pending,omitempty"`
Description []string `json:"description,omitempty"`
}
// DatabaseBackup represents a database backup.
type DatabaseBackup struct {
CreatedAt time.Time `json:"created_at,omitempty"`
SizeGigabytes float64 `json:"size_gigabytes,omitempty"`
}
// DatabaseCreateRequest represents a request to create a database cluster
type DatabaseCreateRequest struct {
Name string `json:"name,omitempty"`
EngineSlug string `json:"engine,omitempty"`
Version string `json:"version,omitempty"`
SizeSlug string `json:"size,omitempty"`
Region string `json:"region,omitempty"`
NumNodes int `json:"num_nodes,omitempty"`
PrivateNetworkUUID string `json:"private_network_uuid"`
}
// DatabaseResizeRequest can be used to initiate a database resize operation.
type DatabaseResizeRequest struct {
SizeSlug string `json:"size,omitempty"`
NumNodes int `json:"num_nodes,omitempty"`
}
// DatabaseMigrateRequest can be used to initiate a database migrate operation.
type DatabaseMigrateRequest struct {
Region string `json:"region,omitempty"`
PrivateNetworkUUID string `json:"private_network_uuid"`
}
// DatabaseUpdateMaintenanceRequest can be used to update the database's maintenance window.
type DatabaseUpdateMaintenanceRequest struct {
Day string `json:"day,omitempty"`
Hour string `json:"hour,omitempty"`
}
// DatabaseDB represents an engine-specific database created within a database cluster. For SQL
// databases like PostgreSQL or MySQL, a "DB" refers to a database created on the RDBMS. For instance,
// a PostgreSQL database server can contain many database schemas, each with it's own settings, access
// permissions and data. ListDBs will return all databases present on the server.
type DatabaseDB struct {
Name string `json:"name"`
}
// DatabaseReplica represents a read-only replica of a particular database
type DatabaseReplica struct {
Name string `json:"name"`
Connection *DatabaseConnection `json:"connection"`
PrivateConnection *DatabaseConnection `json:"private_connection,omitempty"`
Region string `json:"region"`
Status string `json:"status"`
CreatedAt time.Time `json:"created_at"`
PrivateNetworkUUID string `json:"private_network_uuid,omitempty"`
}
// DatabasePool represents a database connection pool
type DatabasePool struct {
User string `json:"user"`
Name string `json:"name"`
Size int `json:"size"`
Database string `json:"db"`
Mode string `json:"mode"`
Connection *DatabaseConnection `json:"connection"`
PrivateConnection *DatabaseConnection `json:"private_connection,omitempty"`
}
// DatabaseCreatePoolRequest is used to create a new database connection pool
type DatabaseCreatePoolRequest struct {
User string `json:"user"`
Name string `json:"name"`
Size int `json:"size"`
Database string `json:"db"`
Mode string `json:"mode"`
}
// DatabaseCreateUserRequest is used to create a new database user
type DatabaseCreateUserRequest struct {
Name string `json:"name"`
}
// DatabaseCreateDBRequest is used to create a new engine-specific database within the cluster
type DatabaseCreateDBRequest struct {
Name string `json:"name"`
}
// DatabaseCreateReplicaRequest is used to create a new read-only replica
type DatabaseCreateReplicaRequest struct {
Name string `json:"name"`
Region string `json:"region"`
Size string `json:"size"`
PrivateNetworkUUID string `json:"private_network_uuid"`
}
type databaseUserRoot struct {
User *DatabaseUser `json:"user"`
}
type databaseUsersRoot struct {
Users []DatabaseUser `json:"users"`
}
type databaseDBRoot struct {
DB *DatabaseDB `json:"db"`
}
type databaseDBsRoot struct {
DBs []DatabaseDB `json:"dbs"`
}
type databasesRoot struct {
Databases []Database `json:"databases"`
}
type databaseRoot struct {
Database *Database `json:"database"`
}
type databaseBackupsRoot struct {
Backups []DatabaseBackup `json:"backups"`
}
type databasePoolRoot struct {
Pool *DatabasePool `json:"pool"`
}
type databasePoolsRoot struct {
Pools []DatabasePool `json:"pools"`
}
type databaseReplicaRoot struct {
Replica *DatabaseReplica `json:"replica"`
}
type databaseReplicasRoot struct {
Replicas []DatabaseReplica `json:"replicas"`
}
type evictionPolicyRoot struct {
EvictionPolicy string `json:"eviction_policy"`
}
func (d Database) URN() string {
return ToURN("dbaas", d.ID)
}
// List returns a list of the Databases visible with the caller's API token
func (svc *DatabasesServiceOp) List(ctx context.Context, opts *ListOptions) ([]Database, *Response, error) {
path := databaseBasePath
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databasesRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Databases, resp, nil
}
// Get retrieves the details of a database cluster
func (svc *DatabasesServiceOp) Get(ctx context.Context, databaseID string) (*Database, *Response, error) {
path := fmt.Sprintf(databaseSinglePath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Database, resp, nil
}
// Create creates a database cluster
func (svc *DatabasesServiceOp) Create(ctx context.Context, create *DatabaseCreateRequest) (*Database, *Response, error) {
path := databaseBasePath
req, err := svc.client.NewRequest(ctx, http.MethodPost, path, create)
if err != nil {
return nil, nil, err
}
root := new(databaseRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Database, resp, nil
}
// Delete deletes a database cluster. There is no way to recover a cluster once
// it has been destroyed.
func (svc *DatabasesServiceOp) Delete(ctx context.Context, databaseID string) (*Response, error) {
path := fmt.Sprintf("%s/%s", databaseBasePath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodDelete, path, nil)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// Resize resizes a database cluster by number of nodes or size
func (svc *DatabasesServiceOp) Resize(ctx context.Context, databaseID string, resize *DatabaseResizeRequest) (*Response, error) {
path := fmt.Sprintf(databaseResizePath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPut, path, resize)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// Migrate migrates a database cluster to a new region
func (svc *DatabasesServiceOp) Migrate(ctx context.Context, databaseID string, migrate *DatabaseMigrateRequest) (*Response, error) {
path := fmt.Sprintf(databaseMigratePath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPut, path, migrate)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// UpdateMaintenance updates the maintenance window on a cluster
func (svc *DatabasesServiceOp) UpdateMaintenance(ctx context.Context, databaseID string, maintenance *DatabaseUpdateMaintenanceRequest) (*Response, error) {
path := fmt.Sprintf(databaseMaintenancePath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPut, path, maintenance)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// ListBackups returns a list of the current backups of a database
func (svc *DatabasesServiceOp) ListBackups(ctx context.Context, databaseID string, opts *ListOptions) ([]DatabaseBackup, *Response, error) {
path := fmt.Sprintf(databaseBackupsPath, databaseID)
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseBackupsRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Backups, resp, nil
}
// GetUser returns the database user identified by userID
func (svc *DatabasesServiceOp) GetUser(ctx context.Context, databaseID, userID string) (*DatabaseUser, *Response, error) {
path := fmt.Sprintf(databaseUserPath, databaseID, userID)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseUserRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.User, resp, nil
}
// ListUsers returns all database users for the database
func (svc *DatabasesServiceOp) ListUsers(ctx context.Context, databaseID string, opts *ListOptions) ([]DatabaseUser, *Response, error) {
path := fmt.Sprintf(databaseUsersPath, databaseID)
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseUsersRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Users, resp, nil
}
// CreateUser will create a new database user
func (svc *DatabasesServiceOp) CreateUser(ctx context.Context, databaseID string, createUser *DatabaseCreateUserRequest) (*DatabaseUser, *Response, error) {
path := fmt.Sprintf(databaseUsersPath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPost, path, createUser)
if err != nil {
return nil, nil, err
}
root := new(databaseUserRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.User, resp, nil
}
// DeleteUser will delete an existing database user
func (svc *DatabasesServiceOp) DeleteUser(ctx context.Context, databaseID, userID string) (*Response, error) {
path := fmt.Sprintf(databaseUserPath, databaseID, userID)
req, err := svc.client.NewRequest(ctx, http.MethodDelete, path, nil)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// ListDBs returns all databases for a given database cluster
func (svc *DatabasesServiceOp) ListDBs(ctx context.Context, databaseID string, opts *ListOptions) ([]DatabaseDB, *Response, error) {
path := fmt.Sprintf(databaseDBsPath, databaseID)
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseDBsRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.DBs, resp, nil
}
// GetDB returns a single database by name
func (svc *DatabasesServiceOp) GetDB(ctx context.Context, databaseID, name string) (*DatabaseDB, *Response, error) {
path := fmt.Sprintf(databaseDBPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseDBRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.DB, resp, nil
}
// CreateDB will create a new database
func (svc *DatabasesServiceOp) CreateDB(ctx context.Context, databaseID string, createDB *DatabaseCreateDBRequest) (*DatabaseDB, *Response, error) {
path := fmt.Sprintf(databaseDBsPath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPost, path, createDB)
if err != nil {
return nil, nil, err
}
root := new(databaseDBRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.DB, resp, nil
}
// DeleteDB will delete an existing database
func (svc *DatabasesServiceOp) DeleteDB(ctx context.Context, databaseID, name string) (*Response, error) {
path := fmt.Sprintf(databaseDBPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodDelete, path, nil)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// ListPools returns all connection pools for a given database cluster
func (svc *DatabasesServiceOp) ListPools(ctx context.Context, databaseID string, opts *ListOptions) ([]DatabasePool, *Response, error) {
path := fmt.Sprintf(databasePoolsPath, databaseID)
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databasePoolsRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Pools, resp, nil
}
// GetPool returns a single database connection pool by name
func (svc *DatabasesServiceOp) GetPool(ctx context.Context, databaseID, name string) (*DatabasePool, *Response, error) {
path := fmt.Sprintf(databasePoolPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databasePoolRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Pool, resp, nil
}
// CreatePool will create a new database connection pool
func (svc *DatabasesServiceOp) CreatePool(ctx context.Context, databaseID string, createPool *DatabaseCreatePoolRequest) (*DatabasePool, *Response, error) {
path := fmt.Sprintf(databasePoolsPath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPost, path, createPool)
if err != nil {
return nil, nil, err
}
root := new(databasePoolRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Pool, resp, nil
}
// DeletePool will delete an existing database connection pool
func (svc *DatabasesServiceOp) DeletePool(ctx context.Context, databaseID, name string) (*Response, error) {
path := fmt.Sprintf(databasePoolPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodDelete, path, nil)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// GetReplica returns a single database replica
func (svc *DatabasesServiceOp) GetReplica(ctx context.Context, databaseID, name string) (*DatabaseReplica, *Response, error) {
path := fmt.Sprintf(databaseReplicaPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseReplicaRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Replica, resp, nil
}
// ListReplicas returns all read-only replicas for a given database cluster
func (svc *DatabasesServiceOp) ListReplicas(ctx context.Context, databaseID string, opts *ListOptions) ([]DatabaseReplica, *Response, error) {
path := fmt.Sprintf(databaseReplicasPath, databaseID)
path, err := addOptions(path, opts)
if err != nil {
return nil, nil, err
}
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return nil, nil, err
}
root := new(databaseReplicasRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Replicas, resp, nil
}
// CreateReplica will create a new database connection pool
func (svc *DatabasesServiceOp) CreateReplica(ctx context.Context, databaseID string, createReplica *DatabaseCreateReplicaRequest) (*DatabaseReplica, *Response, error) {
path := fmt.Sprintf(databaseReplicasPath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodPost, path, createReplica)
if err != nil {
return nil, nil, err
}
root := new(databaseReplicaRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return nil, resp, err
}
return root.Replica, resp, nil
}
// DeleteReplica will delete an existing database replica
func (svc *DatabasesServiceOp) DeleteReplica(ctx context.Context, databaseID, name string) (*Response, error) {
path := fmt.Sprintf(databaseReplicaPath, databaseID, name)
req, err := svc.client.NewRequest(ctx, http.MethodDelete, path, nil)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
// GetEvictionPolicy loads the eviction policy for a given Redis cluster.
func (svc *DatabasesServiceOp) GetEvictionPolicy(ctx context.Context, databaseID string) (string, *Response, error) {
path := fmt.Sprintf(evictionPolicyPath, databaseID)
req, err := svc.client.NewRequest(ctx, http.MethodGet, path, nil)
if err != nil {
return "", nil, err
}
root := new(evictionPolicyRoot)
resp, err := svc.client.Do(ctx, req, root)
if err != nil {
return "", resp, err
}
return root.EvictionPolicy, resp, nil
}
// SetEvictionPolicy updates the eviction policy for a given Redis cluster.
func (svc *DatabasesServiceOp) SetEvictionPolicy(ctx context.Context, databaseID, policy string) (*Response, error) {
path := fmt.Sprintf(evictionPolicyPath, databaseID)
root := &evictionPolicyRoot{EvictionPolicy: policy}
req, err := svc.client.NewRequest(ctx, http.MethodPut, path, root)
if err != nil {
return nil, err
}
resp, err := svc.client.Do(ctx, req, nil)
if err != nil {
return resp, err
}
return resp, nil
}
|
BEIRUT // Over the past five years, more than one million Syrians have fled to Lebanon hoping to find the safety, stability and future that civil war has stripped from their homeland. Instead, many found exploitation and in some cases slavery.
Last month, Lebanese police raided a sex-trafficking ring in Maameltein, a seaside town about 20 kilometres north of Beirut, and found dozens of women locked up in prison-like brothels.
The 75 women, most of them Syrian, were lured with the promise of jobs at hotels and restaurants in Lebanon’s most well-known red light district.
When they arrived, they were beaten and filmed while being raped. Phones and identification papers were seized. If they ran, they were told, compromising photos of them would be sent to their families and posted on the internet.
Their captors said there was no use in going to the police since many officials in the security services were customers.
Dissent was met with beatings with wooden clubs and crude whips made of cables wrapped in electrical tape. Cigarettes were extinguished on flesh. Food was withheld.
The women lived in rooms that resembled cells, with metal bars over the windows and heavy, locked doors. Guards kept careful watch on them. Barred from using condoms and without access to other contraceptives, they were forced to get abortions from a doctor who performed 200 such procedures for the ring in recent years.
The money they generated went to the gang. They were slaves.
“We were not treated as human beings,” said one of the 75 women, a Syrian from Aleppo, who was released at the end of March. “We were nothing but commodities for sale,” she said, according to testimony given to the Syrian Network for Human Rights.
She was just 17 years old.
The young woman was violently forced into prostitution by her husband last year not long after they were married. When she discovered she was pregnant later in the year, she was forced to undergo an abortion and made to receive customers again just three days later.
Vicious cycle
Lebanon’s controversial regulations on refugees are making them increasingly vulnerable according to aid workers, creating an environment ripe for abuse.
To register with the Lebanese government, refugees must sign a pledge not to work. Many work anyway.
Forced to pay their own way in Lebanon with insufficient aid, it is the only way to survive. But working illegally puts them at increased risk of exploitation and forced labour.
“It’s a vicious cycle,” said Lisa Abou Khaled, a public information officer with the United Nations refugee agency UNHCR. “The reality is that the increasing vulnerabilities of refugees, their increasing needs, their insufficient resources, their increasing debt and poverty is unfortunately pushing more children into the worst kinds of child labour – and is exposing women to forms of exploitation.”
In addition to not being allowed to work, refugees have found it more and more difficult to maintain legal status in Lebanon. Many cannot afford the US$200 (Dh735) annual fee for residency papers or lack the necessary documents to register with the government.
To have legal standing, refugees also require a copy of a lease with a landlord and an attestation from a local official called a mukhtar – both requirements that create relationships that can be exploited.
The lack of legal standing in Lebanon puts refugees in a situation where they are afraid to report abuse and have little chance of recourse even if they go to the authorities.
“The structures and regulations in place in Lebanon to deal with refugees mean that it’s very likely that their vulnerability will translate into exploitation,” said Audrey Guichon, a senior programme officer with the Freedom Fund, a private donor initiative dedicated to fighting slavery. “It is an issue that is unlikely to disappear unless some critical and assertive action is taken by the Lebanese government and also by the international donor community and international organisations.”
In a report released earlier this month, the Freedom Fund said it was increasingly concerned about slavery and exploitation of refugees manifesting itself in the forms of child labour, child brides, women forced into prostitution and forced labour.
The report said forced labour – often as a condition of rent for cash-strapped refugees – was so prevalent it was considered “the norm” by some interviewees. The report cited an unnamed “leading” non-governmental organisation as estimating that between 60 and 70 per cent of Syrian children in Lebanon work.
Tip of the iceberg
While the case of the enslaved Syrian women in Maameltein is the most extreme case of the exploitation of Syrians in Lebanon, it may not be an isolated incident.
“I think the 75 women being rescued is just the tip of the iceberg,” said Ms Guichon. “Unfortunately, it’s likely there is a lot more going on.”
Ms Abou Khaled, the UNHCR officer, said documenting cases of sexual violence and exploitation among refugees is a difficult task.
“We have to remember that in Lebanon and in the culture of Syrian refugees there is a strong social stigma and it is very difficult for women to approach us and admit they were victims of sexual or gender-based violence or that they were working in prostitution,” she said. “It’s always, unfortunately, a very underreported problem.”
Just as the dire economic situation and legal restrictions force families into sending children to work and forced labour agreements with landlords, women are also more pressured to turn to prostitution.
“The vulnerability is increasing on the side of the refugees because of the war, because of also the policies of the state in Lebanon regarding refugees, it leaves them no real options for living or working,” said Maya Ammar, communications coordinator at Kafa, a Lebanese organisation that works against gender violence and the exploitation of women.
Ms Ammar said the way the government treats sex workers now – often by arresting and prosecuting them – creates an obstacle for women trying to escape prostitution.
“They are not really encouraged to speak up or escape – even if they were able to – because there are no clear protection mechanisms and no [government] shelters and no funds to support them,” she said. “If women in prostitution are being penalised according to the penal code, then how will they speak up if they are afraid of being arrested?”
Until reforms are made, campaigners worry that refugees like RS, a 24-year-old from Homs, will continue to face the risks of exploitation.
After fleeing Syria at the end of 2014 with her husband and newborn baby, she decided to take a job offer at a restaurant earlier this year to help her family make ends meet. Instead she was enslaved by the Maameltein sex-trafficking ring for three months until the Lebanese police freed her last month.
“My life is totally destroyed,” she told the Syrian Network for Human Rights. “My husband won’t accept me back. No one will understand that this is not my fault. I was kidnapped and forced to do all this.”
[email protected] |
Kvinne (69) fanget i bagasjerommet på flybuss
Da 69-åringen fra Tromsø krabbet inn i bagasjerommet på flybussen for å hente ut kofferten sin på Oslo Lufthavn, ble luken lukket.
Camilla Tryggestad Visjø
Oppdatert 28. juli 2013
Artikkelen er over syv år gammel
- Hun hadde tatt buss fra Majorstuen og skulle ut og fly. Kofferten lå så langt inne i bussen at hun måtte krype inn, sier operasjonsleder Per Stenslet ved Romerike politidistrikt til VG.
Bussen kjørte i tre-fire minutter før den stoppet.
- Mens den sto rolig, ringte hun oss. Vi gjorde våre undersøkelser og ringte også til flybusselskapet som gjorde sine undersøkelser. Vi fant så bussen, og gjorde bussjåføren kjent med damen i bagasjerommet, sier operasjonslederen til VG.
- Hvordan opplevde hun hendelsen?
- Hun var veldig rolig da hun ringte oss og da vi fikk henne ut. Det var ingen panikk. Vi håper hun rekker flyet sitt, sier Stenslet til VG.
- Jeg har aldri opplevd noe slikt før, legger politimannen til.
Legger seg flate
Driftsjef Jarle Bugge i NOR-WAY Bussekspress/Flybussekspressen legger seg flat etter hendelsen.
- Det er dessverre en av våre busser, selv om vi ikke skulle ønske det. En ulykkelig passasjer fikk en dårlig opplevelse og en dårlig start på flyreisen. Det er nok en bussjåfør nå som kjører og har det veldig vondt, sier Bugge til VG.
Bugge har forsøkt å komme i kontakt med kvinnen, uten hell.
- Jeg har sendt henne en tekstmelding og sagt jeg ønsker å snakke med henne. Vi vil gi en oppreisning i en eller annen form. Flyturen skal vi garantert betale for. Slike opplevelser skal man ikke ha hos oss.
Ifølge Bugge, blir sjåføren tatt inn til en samtale med sin overordnede i Norgesbuss, som kjører på kontrakt for NOR-WAY Bussekspress.
- Det blir for tidlig å si noe om konsekvenser av dette. Jeg har snakket med hans overordnede som vil ta dette videre med sjåføren.
Han legger ikke skjul på at det har skjedd en rutinesvikt.
- Rutinene sier at man skal hjelpe til med bagasje inn og ut. Da får man til to ting: god service, og ikke minst sikkerhet. Sjåføren skal forsikre seg om at det ikke er noen i bagasjerommet.
- Vi kommer definitivt til å gjøre noe med rutinene. Jeg har vært i kontakt med Norgesbuss, og vi har varslet at det kommer en instruks på at det vil bli innskjerpede rutiner og kontroller på at sjåførene faktisk gjør det de skal. Vi har også til vanlig hemmelige kontrollører, og det vet sjåførene. Nå skal vi være ekstra påpasselige.
Publisert: 28.07.13 kl. 21:57 Oppdatert: 28.07.13 kl. 23:34
Mer om Trafikk |
Q:
Losing interest in Samsara and transformation one undergoes when following Buddhism
I have been reading books on Buddhism and contemplating on the Suttas. Lately the things which I was interested about like reading novels, watching movies, playing games and girls is losing its sheen. I am more inclined to just observe things happening around me. What is the process of transformation one undergoes when one is following Buddhism?
A:
Being depressed and delusional are also normal. Being enlightened is what is not normal in the world. Becoming disappointed of sensual pleasures and wanting to figure out what is really going on around you is a good thing. It's a mild version of what prince Siddhartha felt before he left the lay life. It's called Nekkhamma Sankappa(a part of the right intention). But it will soon disappear and you will be defeated by sensual desires again, if you don't practice Samma Vayama(right effort) of the noble eight fold path.
A:
If you observe what is around you the right way you can make progress. Whatever you observe will be perceived as:
desirable
undesirable
neither
which results in:
pleasure
pain
neutral.
This is discussed in Sal-āyatana Vibhanga Sutta, Indriya Bhāvanā Sutta.
When you experience any of these sensations you should remain equanimous and aware of the arising and passing nature to eliminate the roots. See: Pahāna Sutta
A:
"I am more inclined to just observe things happening around me"
Is reading novels, watching movies, playing games, etc, not observable as something happening around you?
It is true that some things lose their edge, but mostly because they never had an edge to begin with. The practice of observation is actually more than a practice because it's really the naturally way of being. As such you can just go about your normal life and still be practicing and being, which effectively are the same thing. There is no more that needs to be done.
This is the process of transformation.
|
What would you do if you learned there was a concerted effort to keep you sick? And what would you do if you learned that the way it’s accomplished is through the food that you eat? Would that upset you? Well, be prepared.
The best way for me to explain this is to put it in the vernacular of the street. We can look at the culprits as Pimps, Hookers, and Tricks.
If you were looking at it this way, who do you think the Pimps might be? The number one Pimp on my list is the pharmaceutical industry. Why is that? First of all, they are all publicly traded companies and the first and foremost goal of a publicly traded company is to increase profits. The best way to increase profits is by increasing earnings per share. The best way to do that is to sell tons of the products you create and consumers buy.
The pharmaceutical industry, first and foremost, is in the business of selling drugs. In order to sell drugs, people have to be sick. They have to be sick either through natural causes or by inventing diseases. We'll get to the natural causes down the road.
Up until about eight years ago, we never heard of such thing as "Restless Leg Syndrome". Before "Gastric Reflux Disease" took on such a fancy name, it was simply known as heartburn. These are just a couple of examples of how the pharmaceutical industry invents diseases to sell drugs. I wouldn't be surprised if they don't come up with a disease called "Refrigerator Door Syndrome". That label could be pinned on anyone who repeatedly opened the refrigerator door hoping something new would miraculously appear that wasn’t there five minutes ago. They could come up with "Motivational Deficiency Disorder", which basically is a fancy label placed on anyone who was lazy. Another one could be "Consumption Deficit Anxiety Disorder", yet another label for someone being anxious because their neighbor has more toys than they do. I'm sure if you guys try, you could probably come up with some classic non-diseases of your own. And who knows, maybe you could market them to the pharmaceutical industry and get paid royalties for the rest of your life. (Mike Adams of naturalnews.com created the fictitious diseases.)
The one thing they don't tell you when you take prescription drugs, is that because they're synthetic, toxic chemicals, there is a really good chance that you will experience severe negative reactions to these drugs (They now do show and talk about the side effects in their ads on TV but it’s camouflaged with soft words and pleasant music). To make matters worse, President George Bush made it so that you can't sue the pharmaceutical industry if you get sick or die. So basically you're just subjected to taking their drugs and hope for the best, due to your recourse being stripped away.
In the year 2007 or thereabouts, the Governor of Hawaii, Linda Lingle, spent $15 million of taxpayer money to stockpile the Tamiflu vaccine, which was supposed to ward off the bird flu pandemic that never came. The irony of this is that in 2009 it was proven that the Tamiflu vaccine was completely worthless and that it didn't work (A groundbreaking article in 2009 published in the British Medical Journal accused Roche of misleading governments and physicians over the benefits of Tamiflu. Out of the 10 studies cited by Roche, it turns out, only two were ever published in science journals. And where is the original data from those two studies? LOST! The data disappeared. Files were discarded and the researcher of one of the studies said that he never saw the data and that Roche took care of all of it). The other scam was the H1N1 flu vaccine that was created to contain the swine flu pandemic. That one never materialized either but they sure sold a lot of vaccines. In Hawaii, because they were holding so many vaccines that never got used, they recommended that children starting at 6 months old should get a second shot. Another nightmare is the Gardisil vaccine, which treats the papilloma virus. Not only are they giving it to young girls to prevent cervical cancer, now they want to give it to young boys as well. What they are not telling anybody is that this vaccine causes sterility. See what I mean about the pharmaceutical industry being a pimp?
Other big Pimps on the planet are the big food companies. These guys are merciless. They don't care what they sell as long as they sell it and make a big profit. The best way to do that is to sell you food full of fat, sugar, and salt - the heavenly trio - to keep you hooked.
Most people are hooked on a flesh-based diet. People are so addicted to this due to conditioning that it’s hard for them to see reality. By the time an animal is slaughtered, that decomposing flesh doesn't make it to the supermarket for at least a week. Do you mean to tell me that after a week a dead body can remain as bright and rosy as you see it in the supermarket? And not only that, but that you can walk into the supermarket and not be bowled over by the stench? So how do they take care of those problems? They use color enhancers and stink reducers. They use ammonia which kills the bacteria and carbon monoxide keeps it pink and rosy and prevents it from smelling. Chicken is even worse. After the chickens are killed, if you'll pardon the expression, they are "cleansed" in a scalding, de-feathering bath full of pus, urine, doo doo, and rot (the PETA website documents this). And the USDA says, if you cannot see the doo doo through the clear wrap it is okay to sell.
When you buy food that is processed, you are buying something that is devoid of natural flavor and contains MSG, or a euphemism thereof, to give it its flavor. Did you ever wonder why when you go into a supermarket food can remain on the shelf for weeks without it spoiling? Did you ever wonder why that was? It's because of all the preservatives that increase the shelf life, which then increases the profit to avoid loss. With all that, you wonder if there is any concern whatsoever for your health?
In Hawaii, we have the rare distinction of being the Spam capitol of the world. We even have Spam festivals here. I have a friend who told me he was friends with the Hormel family children, who by the way are all vegetarians. They were forbidden to eat Spam. Hawaii also has another distinction - it is the colon cancer capitol of the world because of all the flesh that is regularly eaten in addition to Spam’s “mystery meat. Some people will never learn.
Another outrageous Pimp is Monsanto. Monsanto says they will save the world with the food they produce - the genetically modified food they produce. What does that mean? It means that they take a food and make it impervious to whatever amount of their cash product “Round Up” they spray on it. In other words, they will spray the hell out of the food with their favorite pesticide to make sure that no weeds or bugs hinder the growth of their products. Just as a side note, in India they did an experiment. They went out into the woods and they hung normal food from one tree and genetically modified food from another tree. They came back a week later and found that the regular food was all eaten and the GMOs were untouched. It's not hard to realize that the animals are innately smarter than the people. We'll get more into GMO's later in the book.
Moving on to the Hookers, I guess the head of that group has to be the medical profession. With the best of intentions these guys go to medical school and wind up being subjected to curriculum that is funded by their Pimp, the pharmaceutical industry. When they graduate from medical school they come out with a "take-a-pill" or a "cut-it-out" mentality. To say that when a person graduates from medical school, they are nutritionally clueless is an understatement. When a doctor treats a patient for high blood pressure, high cholesterol, type-2 diabetes, arthritis, constipation, or whatever, it is always treated with drugs. When an oncologist treats a patient for cancer it is always with chemotherapy and radiation, which depletes your immune system until it hits rock bottom. Nowhere, do they ever treat with nutrition.
Next, of course you have the mainstream media that will do everything to protect their advertising dollars. This, by the way, comes from pharmaceutical ads and ads from restaurants selling the foods that make sure you always see your doctor. Not only that, but the articles that appear somehow never favor plant-based diets or natural cures. Did you ever wonder why that was? It's all about money! The hookers don’t really give a damn about you being healthy. They only care about profit
Then we have the government agencies. We have the FDA, affectionately known as the Fraud and Drug Administration; the CDC, affectionately known as the Centers For Deceit Control and Procrastination; the USDA, affectionately known as the US Department of Atrocities, and the FTC, affectionately known as the Federal Treachery Commission. Why do I describe them as such? Because they do anything to protect big business and little to protect the people.
The FDA will do anything to further the profits of the drug industry. They have no qualms in shutting down companies dealing with natural remedies. In fact, the head guys at the FDA are former pharmaceutical executives. Right now, in the United States, the Food Czar, overseeing the FDA, Michael Taylor, affectionately known as "Monsanto Mike", used to be an attorney at Monsanto.
It is a known fact that cherry juice is a great remedy for arthritic pain. Yet, the cherry growers can't say that. If they do the Fraud and Drug Administration will shut them down. Celestial Seasonings, the well-known tea company, made the mistake of saying that one of their teas was sweetened with Stevia, a natural herb. Well, the FDA wouldn't hear of that. So, they told them that if they didn't take Stevia, listed as a sweetener, off the label, they would shut them down. Pimps, hookers and tricks.
You all know that the CDC is a big pusher of fluoride. What a travesty that is on its own. But what you didn't know was that in their Morbidity and Mortality Weekly Report of August 17, 2001/ Volume 50/ Number RR- 14, on Recommendations for Using Fluoride to Prevent and Control Dental Caries in the United States, in the third paragraph on page 4 it states," fluoride's predominant effect is post-eruptive and topical". This means it works on the surface of the tooth after the tooth has come into the mouth. Nowhere, anywhere, does it say you have to drink the poison. Even now, research is evolving that shows that the topical benefits are way less than they thought. Pimps, hookers and tricks.
The USDA is in bed with the dairy industry. The USDA protects the dairy industry as if it were a golden goose. Let me give you a good example: back when Bill Clinton was the President, he hired Dr. Jocelyn Elders, a black woman, as his Surgeon General. Dr. Elders, when in office was going to make the announcement that Blacks were 95% lactose intolerant, that Asians were 80% - 85% lactose intolerant, that Latinos were about 75% lactose intolerant and that Caucasians were 70% lactose intolerant. Dr. Elders only lasted 15 months. It's a classic case of a government agency protecting big business rather than the people.
Next we have, on the Hooker list we have, the Public Health Officials. Boy oh boy, do they love to push vaccines full of mercury, thimerisol and toxic adjuvants. Autism anyone? Recently, an organization named “Autism Speaks” went public about trying to reverse autism. And they listed so many things that they were going to do. But somehow they failed to mention the vaccine connection. So I asked the Director of Autism Speaks why that why that was so. I was told that vaccines do not contribute to autism. I then asked if the organization accepts donations from the pharmaceutical industry. The answer I received was, “not that much". Pimps, hookers and tricks.
A child by six months old has received 9 vaccines. By the time the child is seven years old it has received 47 vaccines. And by the time that person is 70 years old, they have received 160 vaccines. You really mean to tell me that there's no danger in this? In New Jersey and New York there are no exemptions to vaccines. They are trying to do the same thing in Hawaii.
Recently, in Hawaii, there was a Hearing in which a bill was introduced to offer vegetarian and vegan meals in the public schools. The bill said that these meals "shall" be entered in the public schools. Two entities voted against this - The Board of Education and the Department of Health. When the wording of the bill was changed from “shall” to “should,” meaning that now they had a choice to do it or not, these two entities voted in favor. Nothing like keeping kids sick and protecting the interests of the corporations.
I guess we also have to add the "shrinks" to the "hooker" list. They are a group of jerks that invented "Attention Deficit Hyperactivity Disorder" as an excuse to put kids on drugs just because they might space out in the classroom.
Then there are the Dentists. Because they are hesitant to accept the low pay that Medicaid contributes, they advocate fluoride. What a convenient way to ease their guilt. In Alaska, where dentists seldom go, especially in the remote parts, there are people that are trained as DHATS (Dental Hygiene Attending Therapists). These people can basically do what Dentists can do and are willing to go anywhere. Guess who opposes them? The Dentists that refuse to go into the "boonies" to treat the people.
I always love the organizations that are out there doing their work to find cures for various diseases. My favorite is the American Heart Association. These hypocrites have spent 30 years trying to find a cure for heart disease. Every year in Hawaii they have a Heart Ball to raise money try to find a cure for heart disease. The cost to attend the Heart Ball is anywhere from $3500 - $5000 a plate. And the menu items - filet mignon, prime ribs, and veal. I guess they figured nobody would pay that much money for fried tofu, steamed vegetables, and brown rice.
Let's get back to Monsanto for a minute. We already talked about their GMO scam, but don't forget these are the people that gave us Agent Orange. And we all know how wonderful this chemical is and the lasting effects of its exposure to our men that fought in Viet Nam. Recently, there was worldwide news that the bee colonies were collapsing. Why do you think that was? Because the bees have a hard time with the GMO's because they are being synthetic and unnatural. In addition to all of Monsanto's horrors they are also involved with MSG and Aspartame. Nothing like putting something out there that screws up your brain as well.
I’ve spent a lot of time talking on the pimps and hookers and not yet on the tricks. If you want to know who the tricks are, just look in the mirror. This is because it is our money they want at all costs.
Hopefully, at this point you have a clear indication as to why you have to take complete responsibility for your health. You have to understand one thing: adhering to a flesh-based diet will cause you to succumb to degenerative disease. And even though the animals have died so you can put them on your plate they have the last laugh from the grave by giving you arthritis, heart disease, cancer, constipation, and type-2 diabetes for openers.
Basically, the only thing that can help you reverse your health or keep you in good health is proper nutrition. Poor nutrition will destroy people and good nutrition will save people.
Food plays such an important role and has such a powerful impact in everything that matters in society. You all know that old saying;" you are what you eat". We are a diseased nation eating foods that we really should not eat.
The dead foods consumed in the Western diet have been overcooked or microwaved, and processed foods have been bleached. our diet lacks large quantities of fresh, living, fruits and vegetables. It is a diet that avoids adequate water hydration and focuses on sugary beverages. It is a diet that includes large amounts of processed, homogenized, and pasteurized dairy products, which eliminate nutrients all together. What can we expect from something that has been cooked to 180 degrees Fahrenheit? Our diet is loaded with hundreds of different chemical food additives and preservatives. It is the diet consisting of conventionally grown pesticide contaminated foods. It is a diet consisting of large quantities of unhealthy oils such as corn oil or soy oil or partially hydrogenated oils. It is a diet of heavily fried foods or foods cooked at such high temperatures that it destroys nutrients while creating carcinogenic compounds. It is a diet comprised of hydrogenated oils, refined sugar, and enormous amounts of fat and salt. And all this is consumed by about 90% of the US population.
This diet, affectionately known as "the diet of death", adversely affects personal health, healthcare costs, and our children's ability to think clearly. This diet has a negative effect on Corporate America because the workers poisoned by processed foods suffer from repeated sick days, the inability to focus, failure to learn, and failure to create new ideas. With their brains fueled by junk foods and with failed education giving them few options for earning an honest living, more people turn to crime. In time, the prisons become filled with people incarcerated for behavior that could have been at least partially prevented with proper nutrition. With disease rates skyrocketing, violent crime on the rise, education failures rampant, and healthcare costs bankrupting families, happiness hits an all-time low. As junk food consumption continues through multiple generations, the genetic integrity of the population declines. Then, because the population is dulled out because of all the junk foods they are eating, economic productivity hits rock-bottom and employers shift jobs overseas where people seem to have much higher levels of productivity. To say this is a losing situation is a gross understatement.
Earlier in this section we talked about the pharmaceutical industry wanting to drug everyone and anyone to make a buck. But we really didn't talk about the problems that a medicated population invokes. Medicated drivers are no different than drunk drivers. Besides being as hazardous while driving, this dullness also carries over to the workplace where medicated workers tend to make many more mistakes. You have people taking a medication to treat one disease that creates another disease because of the adverse effects of the synthetic chemicals. And when those medications pass through the bodies of the consumers and eventually get dumped into the rivers and other waterways, they pollute the environment. And now, believe it or not, the FAA has relented and is allowing pilots to fly while on antidepressant drugs. Shades of Columbine!
This is a recipe for disaster: higher costs, lower productivity, increased rates of disease, decreased economic productivity, environmental destruction, and a dumbed down population.
People in this country are addicted to fast foods and junk foods and live to eat rather than eat to live. And the insane diet coming from that premise has far more consequences than anyone can imagine.
In the pages to come, many of the things you have been conditioned to eat will be presented to you in a different perspective. It is my hope that by the time you finish this book you will have enough knowledge to make changes that will not only save and extend your life, but ones that will also enhance the quality of your life.
Let me leave you with one last thought: if there was a concerted effort to keep you sick so you could die early and assuming you could die before you reached age 67, who do you think might benefit? How about the government? And why? Doesn't Social Security kick in when you reach age 67? If you die before you reach that age there is no danger of Social Security ever running out. That's because you won't be around to collect it at the age you are supposed to. Food for thought!
Aloha!
Part of this Introduction, the 8 paragraphs prior to the last two, were reprinted with permission from Mike Adams from his article, "Nutrition Can Save America, which appeared on www.naturalnews.com |
Ask HN: Programming on a stool - trumbitta2
When I was younger, I used to have this very high stool (I am 6.2, or 1.90m) in front of my (musical) keyboard and I would stay perched there playing for 5-6 hours straight without even noticing.<p>Fast forward 20yrs and I don't really like working on a chair, nor standing. My legs just keep searching for the foot rest ring my old stool had underneath its seat.<p>Does any of you actually work perched on a stool? Is this a thing? Should I try it?
======
brudgers
I don't. But stools were quite common in drafting rooms during the days before
everyone went CAD. These days you can get an Aeron in stool configuration or a
more classic Mayline
[https://store.hermanmiller.com/office/stools/aeron-work-
stoo...](https://store.hermanmiller.com/office/stools/aeron-work-
stool/2197386.html?lang=en_US)
[https://www.mayline.com/product-
detail.php?id=P1371](https://www.mayline.com/product-detail.php?id=P1371)
Even old school stools:
[https://www.grainger.com/category/material-handling/shop-
fur...](https://www.grainger.com/category/material-handling/shop-
furniture/shop-stools?redirect=stool&searchRedirect=stool&searchBar=true)
------
rs23296008n1
When I do electronics work I usually sit at a bench on a stool. I use a
computer, solder, draw etc.
At home, I also use a swiss ball instead of a chair.
The modern office chair is a bit of strangeness if you think about it. They
aren't always that great for your spine either. But I've got a few
ridiculously comfortable examples and I'd not part with them. You know you've
got a bad chair when you get up and you're sore.
Mix it up. And try not to sit for more than two hours without a break. I'm not
even sure we should be sitting for more than an hour at a desk come to think
about it. But we probably all have. Flow is like that.
------
aruggirello
There's quite a market for ergonomic non-sitting or "dynamic" chairs,
including stools. You might have a look at the Varier store:
[https://www.varierfurniture.com/en_it/vores-
stole](https://www.varierfurniture.com/en_it/vores-stole)
------
aogl
I personally don't, nor have I ever seen any others at work doing this. But
all power to you if you like it and you're productive doing so!
|
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Ethmia plaumanni
Ethmia plaumanni is a moth in the family Depressariidae. It is found in Brazil.
The length of the forewings is 9.3-10.3 mm. The ground color of the forewings is white, with unicolorous blackish brown markings which are nearly black, faintly reflecting steel bluish in spots. The ground color of the hindwings is white, but dark brown at the distal margins.
References
Category:Moths described in 1973
Category:Ethmia |
Remarks of Richard Hobbs at March for Truth at Cesar Chavez Park
We are here today to demand a full and independent investigation into Donald Trump’s Russian connections and ask that Congress take action on his criminal activity.
We are tired of Trump’s actions repealing environmental protections, attacking sanctuary cities, gutting immigrant rights, opening up national monuments and parks to exploitation, subsidizing killer coal companies, undermining consumer protection, gutting K-12 education, shifting funds from public to private schools opening up offshore drilling, and removing the U.S. from the Paris climate accord. To the privatization and deregulation of the Trump administration, we say no!
However, I am here today as the Executive Director of Human Agenda to talk about two other uncomfortable truths. If you take anything away today, please take these two uncomfortable truths.
The first uncomfortable truth is that the U.S. has been the poster child of the greed world, not the free world, since its very beginning. Ever since U.S. citizenship was available only to white males in 1790 and voting rights only available to white propertied males, the entire history of the U.S. has been the struggle of native Americans, Blacks, women, Latinos, immigrants, the LGBTQ community, workers, small businesses, and climate activists for social and political rights and economic equality.
I recently spoke to a human rights class at San Jose State University about ESCs. For those of you who have not studied human rights, ESC stands for economic, social and cultural rights, rights which we have not included in our United States Constitution but other countries have, including South Africa and Bolivia.
However, I was talking to these students about another ESC, the ESC that dominated our society today: Exploitation in our economic system, Speculation in our financial system, and Corruption in our political system. As a country we have internalized these values, but just because they are completely legal and constitutional doesn’t mean they are right. A country built upon exploitation, speculation, and corruption cannot retain its false legitimacy forever, and we are seeing the legitimacy of this economy and government unravel before our very eyes.
We need a revolution of values.
The second uncomfortable truth I ask you to take away is that in addition to resisting and fighting, we need to begin the difficult task of building alternative economic and political institutions based on the true values we believe in.
Human Agenda has adopted five values, what we call DECKS values: Democracy, Equality, Cooperation, Kindness and Sustainability. As the moderator of Santa Clara County Move To Amend for 5 years, working to overturn Citizens United and end corporate personhood, I frequently ask the question:
Is the modern corporation democratic? Egalitarian? Cooperative? Kind? Sustainable?
We know that the dominant institutions of our country do not contain the values we hold most dear, and we need to do something about it by building alternatives that truly are democratic, egalitarian, cooperative, kind, and sustainable.
At Human Agenda we are working to build such alternatives.
First, we are supporting five local worker-owned cooperatives. From now on, buy your pizza at Slice of New York in San Jose and Sunnyvale, which within a month will be democratically run and owned by 30 coop members. Have hour house or business cleaned by TeamWorks, a sustainable cleaning cooperative owned by 20 Latina immigrant women. Have your apparel printed by Spectrum, and your yards converted into sustainable gardens with California native plants by the Smart Yards Cooperative. I am also part of a legal collective, CLARO, to defend immigrants from deportation.
Second, support SB 562, the single payer bill to allow quality health care for everyone.
Third, support a public bank in California to support public projects and social needs. At our Human Rights Banquet in December State Senator Jim Beall announced he would support such a California public bank.
Finally, Human Agenda is supporting the South Bay Progressive Alliance, a broad community alliance to elect candidates who will not take corporate campaign contributions but who do incorporate the values and support the progressive policies we care abou.
The great 19th century Cuban leader Jose Marti, in a reframe of “the people united will never be defeated, proposed that we unite to win. Unite to win. UNITE TO WIN. Ladies and gentlemen, we can never unite to win around Wells Fargo. We cannot unite to win around Monsanto. We cannot unite to win with candidates that take corporate money.
Just weeks before his assassination Martin Luther King warned that he feared the civil rights movement was integrating into what he called a burning house, the United States of America.
We need to fight Trump but also build a warm home, a new vision for America based on values. We need time and resources for self-care, taking care of ourselves, and care for our families. We need the time and structures to contribute to producing goods or services of value to society, with reduced hours at a living wage. We need access to free life-long education in all aspects of our lives, with reliable information. We need time and institutions to actively participate in the decisions that most affect our lives, from the family to the workplace to local and state government and to the United Nations. Finally, at the top of Abraham Maslow’s hierarchy of needs, we need time and resources for self-realization, to do the things that give us joy.
We can only do this if we fight and build new institutions, institutions based on democracy, equality, cooperation, kindness, and sustainability.
Human Agenda
The mission of Human Agenda is to envision a world where the human needs of all can be met, engage the community in forging local institutions that are democratic, cooperative, egalitarian, sustainable, and kind, and take individual responsibility to embody the change we’d like to see. |
---
abstract: 'We discuss predictions of five proposed theories for the critical state of type-II superconductors accounting for both flux cutting and flux transport (depinning). The theories predict different behaviours for the ratio $E_y/E_z$ of the transverse and parallel components of the in-plane electric field produced just above the critical current of a type-II superconducting slab as a function of the angle of an in-plane applied magnetic field. We present experimental results measured using an epitaxially grown YBCO thin film favoring one of the five theories: the extended elliptic critical-state model. We conclude that when the current density $\bm J$ is neither parallel nor perpendicular to the local magnetic flux density $\bm B$, both flux cutting and flux transport occur simultaneously when $J$ exceeds the critical current density $J_c$, indicating an intimate relationship between flux cutting and depinning. We also conclude that the dynamical properties of the superconductor when $J$ exceeds $J_c$ depend in detail upon two nonlinear effective resistivities for flux cutting ($\rho_c$) and flux flow ($\rho_f$) and their ratio $r= \rho_c/\rho_f$.'
address:
- |
$^1$ Ames Laboratory and Department of Physics and Astronomy,\
Iowa State University, Ames, Iowa, 50011–3160, USA
- '$^2$ Department of Materials Science and Metallurgy, University of Cambridge, Pembroke Street, Cambridge, CB2 3QZ, UK'
- '$^3$ Department of Engineering, University of Cambridge, Trumpington Street, Cambridge CB2 1PZ, UK'
author:
- 'John R Clem,$^1$ Marcus Weigand,$^2$ J H Durrell,$^3$ and A M Campbell$^3$'
title: 'Theory and experiment testing flux-line-cutting physics'
---
=1
Introduction
============
To understand the physics of how magnetic flux enters a type-II superconductor under the influence of applied currents and fields is important not only for fundamental reasons but also for potential applications. It is well known that magnetic flux enters in the form of quantized vortices [@Abrikosov57], each carrying magnetic flux $\phi_0 = h/2e$ concentrated within an area of the order of $\lambda^2$, where $\lambda$ is the London penetration depth. In the case of greatest practical interest, when the intervortex spacing is much smaller than $\lambda$, the macroscopic magnetic flux density $\bm B$ (averaged over a few intervortex spacings) has magnitude $B = n \phi_0$, where $n$ is the local areal density of vortices.
The orientation of $\bm B$ serves as a local reference direction. The Lorentz force per unit volume on the vortex array is $\bm F = \bm J \times \bm B$. When $F$ exceeds the local pinning force density $F_p$, the vortices generally move with a velocity $\bm v$ in the direction of $\bm F$, thereby producing an electric field [@Josephson65] $\bm E = \bm B \times \bm v$. In most cases of practical interest, such as in superconducting magnets, the magnetic induction in the superconductor produced by the self-fields is perpendicular to the current direction. To calculate quantities of practical interest, such as ac losses, one may then use the well-known critical-state theory [@Bean62; @Bean64; @Campbell72; @Wilson83a; @Carr83], which assumes that $\bm B$ and $\bm J$ are perpendicular to each other and $\bm E$ is perpendicular to $\bm B$. This critical-state theory characterizes the threshold for depinning in terms of a critical current density $J_{c\perp} = F_p/B$, where here we use the subscript $\perp$ as a reminder that this refers to the case when $\bm J$ is perpendicular to $\bm B$.
It has been known for many years, however, that when a type-II superconducting wire in a parallel magnetic field carries a current above the wire’s critical current, a finite electric field appears along the length of the wire [@Walmsley72a]. Inside the wire, there must be a place where $\bm J$, $\bm E$, and $\bm B$ are parallel, not perpendicular. This parallel component of the electric field cannot be understood in terms of the collective motion of an array of unbroken vortices but can be understood as a consequence of flux-line cutting, the intersection and cross-joining of locally nonparallel vortices [@Campbell72; @Walmsley72a]. This is the analogue of the process of vortex-line reconnection in turbulent superfluid $^4$He, recently filmed by Paoletti [*et al*]{} [@Paoletti10]. Flux-line cutting can be triggered by the helical vortex expansion instability [@Clem77], in which initially straight vortex lines subjected to a sufficiently large current density are susceptible to the growth of helical perturbations. In this paper we use $J_{c\parallel}$ to denote the critical current at the threshold for flux-line cutting, where we use the subscript $\parallel$ as a reminder that this refers to the case when $\bm J$ is parallel to $\bm B$.
Although the behaviour of type-II superconductors is well understood for the case that $\bm J$ is perpendicular to $\bm B$, the theory for the case that $\bm J$ has components both perpendicular and parallel to $\bm B$ is still in a state of development. Such a theory is needed, for example, to calculate the ac losses in power transmission cables consisting of helically wound layers of 2G coated-conductor composite tapes [@Clem10]. If the tapes are tightly wrapped with no gaps between them, the self-field generated inside the cable has azimuthal and longitudinal components but no radial components. In such a geometry, the vortices in the tapes are subjected to a local current density with not only perpendicular components, which can drive the vortices either inward or outward in the radial direction, but also parallel components, which can lead to local helical instabilities and subsequent flux-line cutting [@Clem77]. It is the purpose of this paper to contribute towards the development of a critical-state theory accounting for both flux transport and flux cutting.
In Secs. \[GDCSM\], \[BMMsec\], \[OECSM\], \[EECSM\], and \[BLRMsec\] we discuss the different predictions of five theoretical critical-state models for how the critical-current density $J_c$ and the electric field $\bm E$ (for $J$ just above $J_c$) should vary with the angle between $\bm J$ and $\bm B$. While there has been previous experimental work on flux cutting in thin films with applied magnetic fields tilted out of plane but without in-plane angular rotation [@Blamire85a; @Blamire85b], we report in Sec. \[Expt\] measurements with angular rotation of in-plane applied fields to test the theoretical predictions of the five models. We compare the experimental results with the predictions in Sec. \[Expt&Theory\], and we summarize our conclusions in Sec. \[Conclusions\].
Generalized double-critical-state model (GDCSM) \[GDCSM\]
=========================================================
In an attempt to describe the fundamentals of the behaviour of a type-II superconductor subjected to time-varying fields and currents in situations where the current density $\bm J$ is not perpendicular to $\bm B$, a theory was proposed in [@Clem82; @Clem84; @Perez85a; @Perez85b; @Clem86]. This approach has been referred to as the generalized double-critical-state model (GDCSM).
Consider an infinite type-II superconducting slab centered on the $yz$ plane. Suppose that in the absence of an applied current, an applied magnetic field produces a magnetic flux density $\bm B_0 = B_0 \hat \alpha_0$ in the slab, where $\hat \alpha_0 = \hat y \sin \alpha_0 + \hat z \cos \alpha_0$. Consider now what happens when the slab carries an average current density $\bm {\overline J}$. As a consequence of the self-field, vortices may be introduced, altering the magnetic flux density inside the slab to $\bm B(x) = B(x) \hat \alpha$, where $\hat \alpha(x)= \hat y \sin \alpha(x) + \hat z \cos \alpha(x).$ The current density $\bm J$ also depends upon $x$.
![Sketch of the unit vectors $\hat y$, $\hat z$, $\hat \alpha$, and $\hat \beta$, the magnetic induction $\bm B$, and the current density $\bm J$ and its components $J_\parallel$ and $J_\perp$ along $\hat \alpha$ and $\hat \beta$. $\phi$ is the angle between $\bm J$ and $\bm B$. All vectors are parallel to the $yz$ plane. []{data-label="fig1"}](figure01.pdf){width="5cm"}
Referring now to figure \[fig1\], let us resolve the current density and the electric field into components parallel and perpendicular to $\bm B(x)$: $\bm J= J_y \hat y + J_z \hat z = J_\parallel \hat \alpha + J_\perp \hat \beta$ and $\bm E = E_y \hat y + E_z \hat z = E_\parallel \hat \alpha + E_\perp \hat \beta$, where $\hat \beta = \hat y \cos \alpha -\hat z \sin \alpha = \hat \alpha \times \hat x$. In high-$\kappa$ superconductors when $B_0$ is sufficiently above $B_{c1}$, it is a good approximation to take $B = \mu_0 H$ inside the superconductor. In the steady state, Ampere’s and Faraday’s laws ($\bm J = \nabla \times \bm H,$ $\nabla \times \bm E = 0$, with all quantities independent of time) then yield [@Clem86] $$\begin{aligned}
J_\parallel &=& J \cos \phi = \frac{B}{\mu_0}\frac{d \alpha}{d x},\\
J_\perp &=&J \sin \phi = -\frac{1}{\mu_0}\frac{d B}{d x},\end{aligned}$$ $$\begin{aligned}
\frac{d E_y}{dx} &=&0, \\
\frac{d E_z}{dx} &=&0,\end{aligned}$$ $$\begin{aligned}
E_\parallel \frac{d \alpha}{d x}+\frac{d E_\perp}{d x} &=& 0,\\
E_\perp \frac{d \alpha}{d x}-\frac{d E_\parallel}{d x} &=& 0.\end{aligned}$$
The GDCSM was based on the fundamental ideas that a nonvanishing $E_\perp$ can occur only when the magnitude of $J_\perp$ is above $J_{c\perp}$, the critical current density for flux depinning, and that a nonvanishing $E_\parallel$ can occur only when the magnitude of $J_\parallel$ is above $J_{c\parallel},$ the critical current density for flux cutting. It was assumed in [@Clem86] that the superconducting material was isotropic and that the pinning centers were isotropically distributed, such that $J_{c\perp}$ and $J_{c\parallel}$ could depend upon the temperature $T$ but only upon the magnitude $B$ of the magnetic induction $\bm B$ inside the sample. For thin samples, the current-induced self-field is much smaller than the applied magnetic induction $\bm B_0$, so that $J_{c\perp}$ and $J_{c\parallel}$ were taken as constants independent of $x$. The possible complications of surface pinning or surface barriers were ignored. One of the most important assumptions of the GDCSM was that flux depinning and flux cutting do not affect each other; i.e., it was implicitly assumed that $J_{c\perp}$ was independent of $J_{\parallel}$ and $J_{c\parallel}$ was independent of $J_{\perp}$.
![Behaviour of a vortex array of flux density $\bm B$ (which is parallel to the $J_{\parallel}$ axis) as a function of the magnitude $J$ of the current density $\bm J$ and the angle $\phi$ of $\bm J$ relative to $\bm B$ according to the generalized double-critical-state model [@Clem82; @Clem84; @Perez85a; @Perez85b] (GDCSM), in which $J_{c\perp}$ and $J_{c\parallel}$ are both assumed to be constants. []{data-label="fig2"}](figure02.pdf){width="8cm"}
Figure \[fig2\] provides a graphical display of the behaviour of the vortex array as a function of $J_{\perp} = J \sin \phi$ and $J_{\parallel} = J
\cos \phi$ according to the GDCSM. In the middle of the open rectangle, the 0 zone, for which $|J_{\perp}| < J_{c\perp}$ and $|J_{\parallel}| < J_{c\parallel}$, neither flux transport (depinning) nor flux-line cutting occurs; i.e., both $E_{\perp}$ and $E_{\parallel}$ are zero. Flux transport (without flux-line cutting) occurs only in the zones labelled by T$_+$ ($J_{\perp} > J_{c\perp}$ and $E_{\perp}>0$) or T$_-$ ($J_{\perp} <- J_{c\perp}$ and $E_{\perp}<0$). Flux-line cutting (without flux transport) occurs only in zones labelled by C$_+$ ($J_{\parallel} > J_{c\parallel}$ and $E_{\parallel} > 0$) or C$_-$ ($J_{\parallel} <- J_{c\parallel}$ and $E_{\parallel} < 0$). Simultaneous flux transport ($|J_{\perp}| > J_{c\perp}$ and $|E_{\perp}|>0$) and flux-line cutting ($|J_{\parallel}| > J_{c\parallel}$ and $|E_{\parallel}| > 0$) occurs only in the zones labelled by C$_+$T$_+$, C$_-$T$_+$, C$_-$T$_-$, and C$_+$T$_-$.
According to the GDCSM, for given values of $J_{c\perp}$ and $J_{c\parallel}$, the critical current density $J_c$ at the first onset of a nonvanishing electric field depends upon the angle $\phi$. For $\phi = \pi/2$ ($\bm J \perp \bm B$), the critical current density for the onset of an electric field is the usual depinning critical current density, such that $J_c = J_{c\perp}$. On the other hand, for $\phi = 0$ ($\bm J \parallel \bm B$), the critical current density for the onset of an electric field is the current density at the threshold for flux-line cutting, and $J_c = J_{c\parallel}$. For other values of $\phi$, we have $$\begin{aligned}
J_c &=& \frac{J_{c\perp}}{|\sin\phi|}, \;\; |\tan\phi|
\ge \tan\phi_c, \label{Edepin} \\
&=&\frac{J_{c\parallel}}{|\cos\phi|},
\;\; |\tan\phi| \le \tan\phi_c,
\label{Ecut}\end{aligned}$$ where $\tan\phi_c = J_{c\perp}/J_{c\parallel}$. As is evident from figure 2 and (\[Edepin\]) and (\[Ecut\]), this model predicted that $J_c$ as a function of $\phi$ has cusplike maxima at $\phi =
\pm \phi_c$ and $\phi = \pm (\pi - \phi_c)$, where $J_{cmax} =
\sqrt{J_{c\perp}^2+J_{c\parallel}^2}$. For example, the dashed curve in figure \[fig3\] maps the magnitude of $\bm J$ as a function of $\phi$ as the tip of the vector $\bm J$ traces the boundary of the 0 zone shown in figure \[fig2\]. The rectangular shape of the 0 zone in figure \[fig2\] arises from the assumptions of the GDCSM [@Clem82; @Clem84; @Perez85a; @Perez85b; @Clem86] that (a) the threshold $J_{c\perp}$ for depinning is independent of the current density $J_{\parallel}$ parallel to the vortices and (b) the threshold $J_{c\parallel}$ for flux-line cutting is independent of the current density $J_{\perp}$ perpendicular to the vortices.
![Plot of $J_c$ (in units of $J_{c\perp}$) vs $\phi$ for two theoretical models accounting for flux-line cutting when $J_{c\parallel}/J_{c\perp}= 2.5 $, for which $\phi_c = \tan^{-1}(0.4) = 0.381 \;{\rm rad} = 21.8^\circ$. The dashed curve shows $J_c/J_{c\perp}$ according to the generalized double critical-state model (GDCSM) [@Clem86], (\[Edepin\]) and (\[Ecut\]), and the solid curve shows $J_c/J_{c\perp}$ according to the elliptic critical-state model [@Romero03a; @Romero03b; @Romero04], (\[Jcellipse1\]) and (\[Jcellipse\]). []{data-label="fig3"}](figure03.pdf){width="8cm"}
Another prediction of the GDCSM [@Clem86] was that, in accord with figure \[fig2\], measurements of the angle of the electric field $\bm E$ just above the critical current as a function of the angle $\phi$ between $\bm J$ and $\bm B_0$ would show sharp changes at $|\phi| =
\phi_c = \tan^{-1}(J_{c\perp}/J_{c\parallel})$ and $|\phi| = \pi - \phi_c$. If $\bm J$ is constrained by geometry to flow only in the $z$ direction, then just above the critical current density, where $\bm J = J_c \hat z$ and $\bm B = B_0(\hat y \sin \alpha_0 + \hat z \cos \alpha_0)$, we have $\phi = - \alpha_0$, so that $\bm E = E_y \hat y +E_z \hat z = E_\parallel \hat \alpha + E_\perp \hat \beta$, where $\hat \alpha =\hat y \sin \alpha_0 + \hat z \cos \alpha_0$ and $\hat \beta = \hat y \cos \alpha_0 - \hat z \sin \alpha_0$. The GDCSM prediction was that when $\phi_c < \alpha_0 < \pi - \phi_c$ or $-\pi+\phi_c < \alpha_0 < - \phi_c$, the behaviour for $J > J_c$ would be dominated by flux transport, such that $E_\parallel = 0$, $\bm E \perp \bm B_0$, $\bm E = E_\perp \hat \beta = E_\perp (\hat y \cos \alpha_0 - \hat z \sin\alpha_0)$, and $$E_y/E_z = -\cot \alpha_0.
\label{EybyEzTransport}$$ On the other hand, when $-\phi_c < \alpha_0 <\phi_c$, the GDCSM prediction was that the behaviour for $J > J_c$ would be dominated by flux cutting, such that $E_\perp = 0$, $\bm E \parallel \bm B_0$, $\bm E = E_\parallel \hat \alpha = E_\parallel (\hat y \sin \alpha_0 + \hat z \cos\alpha_0)$, and $$E_y/E_z = \tan \alpha_0.
\label{EybyEzCutting}$$ The dashed curve in figure \[fig4\] shows the behaviour of $E_y/E_z$ predicted by the GDCSM.
![ Plots of the electric field ratio $E_y/E_z$ vs $\alpha_0$ for five theoretical models accounting for flux-line cutting. The predictions of the generalized double critical-state model and the Brandt-Mikitik model \[GDCSM & BMM, dashed, (\[EybyEzTransport\]) and (\[EybyEzCutting\])\] and the original elliptic critical-state model \[OECSM, dot-dashed, (\[tanpsiE\])\] are all shown for $\tan\phi_c=J_{c\perp}/J_{c\parallel}=0.4$, for which $\phi_c = \tan^{-1}(J_{c\perp}/J_{c\parallel}) = 21.8^\circ$. Also shown is the behaviour of $E_y/E_z$ predicted by the extended elliptic critical-state model \[EECSM, solid, (\[tanpsiEcreepa\])\] for an assumed value of $r = 0.04$, and that of the BLRM \[dotted, (\[BLRmodel\])\] for $\tan^2\phi_c=(J_{c\perp}/J_{c\parallel})^2=0.02$.[]{data-label="fig4"}](figure04.pdf){width="8cm"}
Brandt and Mikitik model (BMM), extending the GDCSM model \[BMMsec\]
====================================================================
Brandt and Mikitik [@Brandt07] proposed an extension (here called the BMM) of the GDCSM, in which the threshold for flux-line cutting is reduced as a function of the magnitude of $J_\perp$ and the threshold for depinning is reduced as a function of the magnitude of $J_\parallel$. If these thresholds were bent enough, the shape of the surface of $J_c(\phi)$ could be made to resemble an ellipse, as suggested by figure 1a of [@Brandt07], thereby eliminating the cusplike behavior predicted by the GDCSM. In fact, if the BMM $J_c(\phi)$ curve had the shape of an ellipse, it would be in exact agreement with the solid curve shown in figure \[fig3\].
However, the BMM retained the assumption of the GDCSM that the electric field $\bm E$ is parallel to the $J_\parallel$ axis on the flux-cutting-threshold portions of the $J_c(\phi)$ curve closest to the $J_\parallel$ axis and that $\bm E$ is parallel to the $J_\perp$ axis on the flux-transport-threshold portions of the $J_c(\phi)$ curve closest to the $J_\perp$ axis. Thus, in common with the GDCSM, the BMM predicts a 90 degree change in the direction of $\bm E$ when $\phi$ passes through the point of intersection of the curves representing the thresholds for flux cutting and flux transport. If this intersection occurs when $|J_\perp/J_\parallel| = J_{c\perp}/J_{c\parallel}$, then the shape of the curve of $E_y/E_z$ curve agrees exactly with that of the GDCSM, as shown in figure \[fig4\].
Original elliptic critical-state model (OECSM) \[OECSM\]
========================================================
Experimental results of Fisher [*et al*]{} [@Fisher97; @Fisher00] on the time evolution of the static magnetic moment of a superconducting plate subjected to an alternating magnetic field applied perpendicular to a dc magnetic field were found not to be well described theoretically by calculations based on the GDCSM. However, Romero-Salazar and Pérez-Rodríguez [@Romero03a; @Romero03b; @Romero04] introduced an elliptic critical-state model, which they found yielded good theoretical agreement with the experiments of [@Fisher97; @Fisher00].
Figure \[fig5\] provides a graphical display of the behaviour of the vortex array as a function of $J_{\perp} = J \sin \phi$ and $J_{\parallel} = J
\cos \phi$ according to the elliptic critical-state model [@Romero03a; @Romero03b; @Romero04]. We interpret this behaviour as follows: In the 0 zone inside the ellipse described by $$\frac{\sin^2\phi}{J_{c\perp}(B)^2}+
\frac{\cos^2\phi}{J_{c\parallel}(B)^2}=\frac{1}{J_c(B,\phi)^2}
\label{Jcellipse1}$$ or $$J_c(B,\phi)=1/\sqrt{\frac{\sin^2\phi}{J_{c\perp}(B)^2}+
\frac{\cos^2\phi}{J_{c\parallel} (B)^2}},
\label{Jcellipse}$$ neither flux transport (depinning) nor flux cutting occurs ($E_{\perp} = 0$ and $E_{\parallel}=0$). Flux transport, for which the vortices are depinned ($E_{\perp}\ne 0$), occurs everywhere outside the ellipse (except when $J_{\perp}=0$) in zones with labels including the symbol T$_+$ ($E_\perp > 0$) or T$_-$ ($E_\perp < 0$). Flux-line cutting, for which $E_{\parallel} \ne 0$, occurs everywhere outside the ellipse (except when $J_{\parallel}=0$) in zones with labels including the symbol C$_+$ ($E_{\parallel} > 0$) or C$_-$ ($E_{\parallel} < 0$). In this model, both flux transport and flux-line cutting occur simultaneously nearly everywhere outside the ellipse of $J_c(\phi)$ vs $\phi$. The solid curve in figure \[fig3\] gives an example of the behaviour of $J_c$ vs $\phi$ using the elliptic critical-state model.
We note here that the behaviour at the critical current according to the elliptic critical-state model (see figure \[fig5\]) requires that flux depinning and flux cutting be interdependent. To formulate this, we introduce the following new notation for the critical current densities at the thresholds for flux depinning $J_{cd}(B,\phi)$ and flux cutting $J_{cc}(B,\phi)$, where $\phi$ is the angle between $\bm J$ and $\bm B$, as in figure \[fig1\]. Our interpretation of the underlying physics of the elliptic critical-state model [@Romero03a; @Romero03b; @Romero04] is that (a) the threshold $J_{cd}$ for depinning is a monotonically decreasing function of the magnitude of $J_{\parallel}$, decreasing from $J_{c\perp}$ when $J_\parallel = 0$ to zero when $|J_\parallel| = J_{c\parallel}$, and (b) the threshold $J_{cc}$ for flux-line cutting is a monotonically decreasing function of the magnitude of $J_{\perp}$, decreasing from $J_{c\parallel}$ when $J_\perp = 0$ to zero when $|J_\perp| = J_{c\perp}$. In summary, at the critical current density, $J = J_c(B,\phi)$, and $\bm J$ lies on the ellipse of (\[Jcellipse\]) as shown in figure \[fig5\], such that $|J_{\perp}| = J_{cd}(B,T) = J_c(B,\phi)
|\sin
\phi|$, $|J_{\parallel}| =J_{cc}(B,T) = J_c(B,\phi)
|\cos \phi|$, and $$J_c(B,\phi) = \frac{J_{c\perp}(B)}{\sqrt{\sin^2 \phi+\tan^2
\phi_c \cos^2
\phi}},
\label{Jcelliptic}$$ where $\tan \phi_c = J_{c\perp}(B)/J_{c\parallel}(B)$. Note that within this model $J_{c\perp}(B) = J_c(B,\pi/2)$ and $J_{c\parallel}(B) = J_c(B,0)$.
Further fundamental assumptions of the original elliptic critical-state model [@Romero03a; @Romero03b; @Romero04] are that the electric field obeys $$\begin{aligned}
E(J) &=&0, \; \;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;\;J\le J_c(B,\phi),\\
&=&\rho[J-J_c(B,\phi)],\;J> J_c(B,\phi),\end{aligned}$$ and that the components of $\bm E$ perpendicular and parallel to $\bm B$ obey [@Romero03a; @Romero03b; @Romero04] $$\begin{aligned}
E_\perp/E & = &J_\perp/J_{c\perp}, \label{Eperpelliptic} \\
E_\parallel/E & = &J_\parallel/J_{c\parallel}. \label{Eparallelelliptic}\end{aligned}$$ If the current is constrained by geometry to flow only in the $z$ direction, then at the critical current density, when $\bm J = \hat z J_c$ and $\bm B = B_0 (\hat y \sin \alpha_0 +\hat z \cos \alpha_0)$, we have $\phi = -\alpha_0$, such that $J_\parallel = J_c \cos \alpha_0$ and $J_\perp = - J_c \sin \alpha_0$ (see figure \[fig1\]) and $$\begin{aligned}
E_\perp/E & = &-(J_c/J_{c\perp})\sin \alpha_0,
\label {EperpJc}\\
E_\parallel/E & = &(J_c/J_{c\parallel})\cos \alpha_0.
\label{EparallelJc}\end{aligned}$$ Since $\bm E = E_y \hat y + E_z \hat z = E_\parallel \hat \alpha + E_\perp \hat \beta$ and $E_\parallel/E_\perp = -(J_{c\perp}/J_{c\parallel})/\tan\alpha_0$, we have $$\frac{E_y}{E_z}= \frac{(E_\parallel/E_\perp)\tan \alpha_0+1}{(E_\parallel/E_\perp)-\tan\alpha_0}= \frac{(\tan\phi_c-1)\tan \alpha_0}{\tan\phi_c+\tan^2\alpha_0},
\label{tanpsiE}$$ where $\tan\phi_c=J_{c\perp}/J_{c\parallel}$. Experiments generally yield $\tan\phi_c < 1$. According to this form of the elliptic critical-state model, as a function of $\tan \alpha_0$, $E_y/E_z$ has extrema (a maximum and a minimum) when $\tan \alpha_0 = \mp \sqrt{\tan\phi_c}$, where $E_y/E_z = \pm |1-\tan\phi_c|/2\sqrt{\tan\phi_c}$. The dot-dashed curve in figure \[fig4\] shows the behaviour of $E_y/E_z$ predicted by the original elliptic critical-state model [@Romero03a; @Romero03b; @Romero04], (\[tanpsiE\]).
Extended elliptic critical-state model (EECSM)\[EECSM\]
=======================================================
However, the original elliptic critical-state model [@Romero03a; @Romero03b; @Romero04] suffers from an important deficiency. By summing the squares of (\[Eperpelliptic\]) and (\[Eparallelelliptic\]), we obtain $$(\frac{E_\perp}{E})^2 + (\frac{E_\parallel}{E})^2 = 1 =
(\frac{J_\perp}{J_{c\perp}})^2 + (\frac{J_\parallel}{J_{c\parallel}})^2.$$ The right-hand side can be equal to one only when $J = J_c$, as can be seen by making use of (\[EperpJc\]), (\[EparallelJc\]), and (\[Jcellipse1\]). However, when $J = J_c$, we must have $E = 0$. Therefore, additional equations are required in order to apply the elliptic critical-state model to finite values of the electric field when $J > J_c$, where the dynamical processes of flux transport and flux cutting become important.
We therefore propose an extension of the elliptic critical-state model to account for dissipative processes when $J > J_c$ by writing $$\begin{aligned}
E_\perp & = &\rho_f J_\perp,
\label {Eflow}\\
E_\parallel & = &\rho_c J_\parallel,
\label{Ecut2}\end{aligned}$$ where $\rho_f$ is a nonlinear function of $J$, $B$, $\alpha_0$, and $T$ with a positive value describing flux flow and $\rho_c$ is another nonlinear function of $J$, $B$, $\alpha_0$, and $T$ with a positive value describing flux cutting. In the absence of flux creep, $\rho_f$ is zero when $|J_\perp|$ is less than the threshold $J_{cd}$ for depinning, and $\rho_c$ is zero when $|J_\parallel|$ is less than the threshold $J_{cc}$ for flux cutting. To clarify what we mean by a threshold for flux-line cutting, consider starting with the sample carrying a current for which $J_\parallel = 0$ and $0 < J_\perp < J_{c\perp}$, such that $\bm E = 0$. If $J_\parallel$ is increased above the threshold value $J_{cc}$, flux-line cutting begins ($E_\parallel > 0$), but the elliptic critical-state model (and the experiments to be presented later) show that this is accompanied by flux transport ($E_\perp > 0$). In other words, when $J > J_c(\phi)$, flux cutting and flux transport occur simultaneously; the thresholds for flux cutting and flux transport are intimately linked.
If the current is constrained by geometry to flow only in the $z$ direction, then at the critical current density, when $\bm J = \hat z J$ and $\bm B = B_0 (\hat y \sin \alpha_0 +\hat z \cos \alpha_0)$, we have $\phi = -\alpha_0$, such that $J_\parallel = J \cos \alpha_0$ and $J_\perp = - J \sin \alpha_0$ (see figure \[fig1\]). Since $\bm E = E_y \hat y + E_z \hat z = E_\parallel \hat \alpha + E_\perp \hat \beta$, where $\hat \alpha= \hat y \sin \alpha_0 + \hat z \cos \alpha_0$ and $\hat \beta = \hat y \cos \alpha_0 - \hat z \sin \alpha_0$, and $E_\parallel/E_\perp = -(\rho_c/\rho_f)/\tan\alpha_0$, we obtain, making use of (\[Eflow\]) and (\[Ecut2\]), $$\frac{E_y}{E_z} = \frac{(E_\parallel/E_\perp)\tan \alpha_0+1}{(E_\parallel/E_\perp)-\tan\alpha_0}=\frac{(r-1)\tan \alpha_0}{r+\tan^2\alpha_0},
\label{tanpsiEcreepa}$$ where now $r = \rho_c/\rho_f$, which must be a positive number.
Note that (\[tanpsiEcreepa\]) has the same mathematical form as (\[tanpsiE\]), except that $\tan \phi_c$ is replaced by $r$. According to this extension of the theory, $E_y/E_z$ does not depend at all upon $\tan \phi_c = J_{c\perp}/J_{c\parallel}$ but instead depends upon $r$, the ratio of the effective flux-cutting resistivity to the effective flux-flow resistivity. If $r$ is independent of $\tan \alpha_0$, $E_y/E_z$ has extrema (a maximum and a minimum) when $\tan \alpha_0 = \mp \sqrt{r}$, where $E_y/E_z = \pm |1-r|/2\sqrt{r}$. The parameter $r$ thus plays a crucial role in describing the dynamical properties of the mixed state above the critical current density $J_c$. Unfortunately, experiments to date typically do not report values of $\rho_c$ and $\rho_f$, from which $r = \rho_c/\rho_f$ could be independently measured.
The solid curve in figure \[fig4\] shows the behaviour of $E_y/E_z$ predicted by this extended elliptic critical-state model (\[tanpsiEcreepa\]) for an assumed value of $r = 0.04$.
Badía-Majós, López, and Ruiz model (BLRM) \[BLRMsec\]
=====================================================
In [@Badia09], Badía-Majós [*et al*]{} argued that for $J$ just above $J_c(\phi)$, the direction of the electric field should be perpendicular to the $J_c(\phi)$ curve. Under the same conditions leading to Eqs. (\[tanpsiE\]) and (\[tanpsiEcreepa\]), their model (here called the BLRM) leads to the expression $$\frac{E_y}{E_z} = \frac{1}{J_c(\alpha_0)}\frac{dJ_c(\alpha_0)}{d\alpha_0}=\frac{(\tan^2\phi_c-1)\tan \alpha_0}{\tan^2\phi_c+\tan^2\alpha_0},
\label{BLRmodel}$$ where the latter equation applies when $J_c(\phi)$ is given by the ellipse of (\[Jcellipse\]) (see figure \[fig5\]) and $\tan\phi_c=J_{c\perp}/J_{c\parallel}$. The dotted curve in figure \[fig4\] shows the behaviour of $E_y/E_z$ predicted by the BLRM for an assumed value of $\tan^2\phi_c=(J_{c\perp}/J_{c\parallel})^2 = 0.02.$
Experiment \[Expt\]
===================
We next report experiments to test the fundamental assumptions of the above-described theories. While the predictions have been made for an infinite superconducting slab, we have carried out experiments on a current-carrying superconducting film of finite dimensions subjected to an in-plane magnetic field. We have assumed that the effects of finite dimensions and self-fields are small enough that the theoretically predicted effects dominate and the experiments can determine which of the proposed theories is correct.
A sketch of the measured device, a YBCO film of thickness $500{{\ensuremath{~\mathrm{nm}}}}$, is shown in figure \[fig:sample\_pattern\]. The track is of width $w_y = 200{{\ensuremath{~\mathrm{\mu{}m}}}}$, and two sets of voltage taps are positioned along its length, $w_z = 3000{{\ensuremath{~\mathrm{\mu{}m}}}}$ apart from each other. The voltage/current taps are labelled A, B, C, D, E, F, G, H, K, L, A’, B’. A two-axis goniometer [@Herzog94] was employed to measure the longitudinal and transverse voltage simultaneously by a four-terminal technique, using the two channels of the employed voltmeter, while a magnetic field was swept in-plane.
![The pattern used. The track is shown in black and the voltage/current taps in gray with their labels A, B, C, D, E, F, G, H, K, L, A’, and B’. Voltage measurements were made over the length $w_z = 3000{{\ensuremath{~\mathrm{\mu{}m}}}}$ and width $w_y = 200{{\ensuremath{~\mathrm{\mu{}m}}}}$.[]{data-label="fig:sample_pattern"}](figure06.pdf){width="4cm"}
For all measurements the current $I$ was injected through the taps A and B and taken out through A’ and B’, such that the current direction was (A, B) $\rightarrow$ (A’, B’), i.e., in the positive $z$ direction. The current was applied in short pulses to minimize sample heating. Longitudinal and transverse voltages were measured using combinations of the taps C, …, L.
The applied field was oriented to be in the plane of the film, such that angle $\theta$ between the applied field and the film normal $\vec{n}$ was as close as possible to 90${{\ensuremath{\mathrm{^\circ}}}}$, as described below. The current density $\bm J$ was constrained to flow in the $z$ direction, while the angle $\alpha = \alpha_0$ of the applied magnetic induction $\bm B_0$ was oriented as shown in figure \[fig1\], such that the angle of $\bm J$ relative to $\bm B_0$ was $\phi = -\alpha_0$.
In order to align the sample such that $\bm B_0||ab$, measurements of $J_c(\theta)$ were performed at $\phi=\pm 90{{\ensuremath{\mathrm{^\circ}}}}$, corresponding to maximum Lorentz force ($\bm B_0 \perp \bm J$). The angle $\theta = 90{{\ensuremath{\mathrm{^\circ}}}}$ (where $\bm B_0||ab$) was assumed to be reached where $J_c(\theta)$ reached a maximum, and the following in-plane scans were performed with this value of $\theta$.
For the reported measurements, $J_c$ was determined from $V_z(I)$ curves only, where $V_z$ is the voltage measured along the length of the track (e.g., by using taps C and G). For each value of $\alpha_0$, $I_c$ was determined as the current where $V_z$ reaches the selected voltage criterion $V_c$. The transverse voltage $V_y(I)$ was measured simultaneously (e.g., using taps G and H). The voltages were then converted to electric fields \[$E_z = V_c / w_z$ and $E_y = V_y(I_c) / w_y$\] in order to obtain $E_y/E_z$ as a function of $\alpha_0$.
Figure \[fig:Ez\_CGHG\_85K\_1T\] presents plots of $E_y/E_z$ vs $\alpha_0$ obtained at $T = 85{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 1{{\ensuremath{~\mathrm{T}}}}$ for voltage criteria $V_c = 15{{\ensuremath{~\mathrm{\mu{}V}}}}$ (square symbols), $30{{\ensuremath{~\mathrm{\mu{}V}}}}$ (dots), $60{{\ensuremath{~\mathrm{\mu{}V}}}}$ (triangles), and $150{{\ensuremath{~\mathrm{\mu{}V}}}}$ (inverted triangles). Note that the scatter in the values of $E_y/E_z$ becomes smaller with increasing values of $V_c$. In the raw data, $E_y/E_z$ reached zero at a value of $\alpha_0 = +3{{\ensuremath{\mathrm{^\circ}}}}$. This could be understood by the fact that the alignment of the in-plane angle was performed by visual inspection prior to sample mounting. Consequently, we shifted the curves by $-3{{\ensuremath{\mathrm{^\circ}}}}$ in $\alpha_0$, so that $E_y/E_z = 0$ at $\alpha_0 = 0{{\ensuremath{\mathrm{^\circ}}}}$ in all the plots shown here and later. The solid curve in figure \[fig:Ez\_CGHG\_85K\_1T\] shows the function $E_y/E_z = -\cot\alpha_0$ (\[EybyEzTransport\]), the result that would be expected for no flux-line cutting; i.e., when $E_\parallel = 0$, $\bm E \perp \bm B_0$, and $\bm E = E_y \hat y + E_z \hat z = E_\perp \hat \beta=E_\perp ( \hat y \cos \alpha_0 -\hat z \sin \alpha_0)$. (Note from figure \[fig1\] that in this experiment $\phi=-\alpha_0$, so that when $\alpha_0 > 0$, we have $E_z > 0$, $E_y <0$, and $E_\perp < 0$.)
Similar measurements were also performed at $T = 77.35{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 8{{\ensuremath{~\mathrm{T}}}}$ for $V_c = 15{{\ensuremath{~\mathrm{\mu{}V}}}}$ (square symbols) and $60{{\ensuremath{~\mathrm{\mu{}V}}}}$ (triangles), and the results are shown in figure \[fig:Ez\_CGHG\_77p35K\_8T\]. Note that, as in figure \[fig:Ez\_CGHG\_85K\_1T\], the scatter in the values of $E_y/E_z$ becomes smaller with increasing values of the voltage criterion $V_c$.
![The measured ratio $E_y/E_z$ vs $\alpha_0$ at $T = 85{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 1{{\ensuremath{~\mathrm{T}}}}$. The solid curve is $E_y/E_z = -\cot\alpha_0$ (\[EybyEzTransport\]), expected due to flux transport in the absence of flux-line cutting.[]{data-label="fig:Ez_CGHG_85K_1T"}](figure07.pdf){width="8cm"}
![The measured ratio $E_y/E_z$ vs $\alpha_0$ at $T = 77.35{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 8{{\ensuremath{~\mathrm{T}}}}$. The solid curve is $E_y/E_z = -\cot\alpha_0$ (\[EybyEzTransport\]), expected due to flux transport in the absence of flux-line cutting.[]{data-label="fig:Ez_CGHG_77p35K_8T"}](figure08.pdf){width="8cm"}
The data presented in Figs. \[fig:Ez\_CGHG\_85K\_1T\] and \[fig:Ez\_CGHG\_77p35K\_8T\] show results measured at constant $E_z$, but we also did an analysis making use of the saved $V(I)$ data of both voltmeter channels to construct corresponding plots of $E_y/E_z$ vs $\alpha_0$ at constant $E_{tot} = \sqrt{E_y^2 + E_z^2}$. While there were some differences from the results for constant $E_z$ for the smallest values of $V_c$, these were not significant for the larger values of $V_c$.
Comparison with theoretical predictions\[Expt&Theory\]
======================================================
Shown in figure \[Jcplots\] are the critical current densities $J_c$ vs $\alpha_0$ measured at $T = 85{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 1{{\ensuremath{~\mathrm{T}}}}$ (inverted triangles) and at $T = 77.35{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 8{{\ensuremath{~\mathrm{T}}}}$ (open circles), both with the voltage criterion $V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$, which corresponds to $E_z = 20$ mV/m. The corresponding solid curves are fits to the data using the elliptic critical-state model: at $T = 85{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 1{{\ensuremath{~\mathrm{T}}}}$, $J_{c\parallel} = 2.65 \times 10^9$ A/m$^2$ and $J_{c\perp} = 0.895 \times 10^9$ A/m$^2$ (the average of values at $\pm 90{{\ensuremath{\mathrm{^\circ}}}}$), such that $J_{c\perp}/J_{c\parallel} = 0.338\pm 0.002$, and at $T = 77.35{{\ensuremath{~\mathrm{K}}}}$ and $\mu_0H = 8{{\ensuremath{~\mathrm{T}}}}$, $J_{c\parallel} = 7.86 \times 10^9$ A/m$^2$ and $J_{c\perp} = 2.06 \times 10^9$ A/m$^2$ (the average of values at $\pm 90{{\ensuremath{\mathrm{^\circ}}}}$), such that $J_{c\perp}/J_{c\parallel} = 0.262\pm 0.004$. (The indicated errors are chosen such that both values lie within the range.) The data are rather well fitted by the elliptic critical-state model as in [@Herzog97]. In agreement with previous experiments [@Durrell03; @Rutter05; @Durrell07; @Maiorov07] the data clearly do not show the cusp-like maxima predicted by the GDCSM (see figure \[fig3\]). Thus the $J_c$ vs $\alpha_0$ measurements support either the original elliptical critical-state model (OECSM) or the extended elliptical critical-state model (EECSM), since both assume the same dependence of $J_c(\phi)$, but do not support the generalized double critical-state model (GDCSM).
![Critical-current density $J_c$ ($V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$, $E_z = 20$ mV/m) vs the angle $\alpha_0$ of the in-plane applied field at 85 K and 1 T (inverted triangles) and 77.35 K and 8 T (open circles). The corresponding solid curves are fits using the elliptic model (\[Jcellipse\]) with $J_{c\parallel} = 2.65 \times 10^9$ A/m$^2$ and $J_{c\perp} = 0.895 \times 10^9$ A/m$^2$ at 85 K and $J_{c\parallel} = 7.86 \times 10^9$ A/m$^2$ and $J_{c\perp} = 2.06\times 10^9$ A/m$^2$ at 77.35 K.[]{data-label="Jcplots"}](figure09.pdf){width="8cm"}
Figure \[EybyEz85Kplot\] shows comparisons of the measurements of $E_y/E_z$ vs $\alpha_0$ at 85 K and 1 T (using the voltage criterion $V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$) with the predictions of the original elliptic critical-state model \[dot-dashed curve, (\[tanpsiE\])\] and the Badía-Majós-López-Ruiz model \[dotted curve, (\[BLRmodel\])\] using the measured $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.338$ , the extended elliptic critical-state model using $r= \rho_c/\rho_f = 0.090$ assumed to be independent of $\alpha_0$ \[solid curve, (\[tanpsiEcreepa\])\], and the generalized double critical-state model and the Brandt-Mikitik model using the measured $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.338$ \[dashed curve, (\[EybyEzTransport\]) and (\[EybyEzCutting\])\]. The theoretical curves for the extended elliptic critical-state model and the Badía-Majós-López-Ruiz model can account for the large values for the magnitude of the measured $E_y/E_z$, while the original elliptic critical-state model cannot. The data also clearly do not show the sawtoothlike features predicted by the generalized double critical-state model and the Brandt-Mikitik model. To summarize, these measurements of $E_y/E_z$ vs $\alpha_0$ favor the extended elliptical critical-state model and the Badía-Majós-López-Ruiz model but do not support the original elliptic critical-state model, the generalized double critical-state model, or the Brandt-Mikitik model.
![Comparison of the measured $E_y/E_z$ (open symbols) vs $\alpha_0$ at 85 K and 1 T ($V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$) with theoretical curves for the OECSM \[(\[tanpsiE\]), dot-dashed\] and the BLRM \[dotted, (\[BLRmodel\])\] with $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.338$, the EECSM with $r= \rho_c/\rho_f=0.090$ \[(\[tanpsiEcreepa\]), solid\], and the GDCSM and BMM with $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.338$ \[(\[EybyEzTransport\]) and (\[EybyEzCutting\]), dashed\]. []{data-label="EybyEz85Kplot"}](figure10.pdf){width="8cm"}
Figure \[EybyEz77Kplot\] shows comparisons of the measurements of $E_y/E_z$ vs $\alpha_0$ at $T = 77.35{{\ensuremath{~\mathrm{K}}}}$ and $8{{\ensuremath{~\mathrm{T}}}}$ (using the voltage criterion $V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$) with the predictions of the original elliptic critical-state model \[dot-dashed curve, (\[tanpsiE\])\] and the Badía-Majós-López-Ruiz model \[dotted curve, (\[BLRmodel\])\] using the measured $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.262$, the extended elliptic critical-state model using $r= \rho_c/\rho_f = 0.026$ assumed to be independent of $\alpha_0$ \[solid curve, (\[tanpsiEcreepa\])\], and the generalized double critical-state model and the Brandt-Mikitik model using the measured $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.262$ \[dashed curve, (\[EybyEzTransport\]) and (\[EybyEzCutting\])\]. The theoretical curve for the extended elliptic critical-state model can partially account for the large values for the magnitude of the measured $E_y/E_z$, but the original elliptic critical-state model and the Badía-Majós-López-Ruiz model cannot. The large magnitudes of the experimental values of $E_y/E_z$ at 77.35 K and 8 T cannot be understood with any of the proposed models without modification.
![Comparison of the measured $E_y/E_z$ (open symbols) vs $\alpha_0$ at 77.35 K and 8 T ($V_c = 60{{\ensuremath{~\mathrm{\mu{}V}}}}$) with theoretical curves for the OECSM \[(\[tanpsiE\]), dot-dashed\] and the BLRM \[dotted, (\[BLRmodel\])\] with $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.262$, the EECSM with $r= \rho_c/\rho_f=0.026$ \[(\[tanpsiEcreepa\]), solid\], and the GDCSM and BMM with $\tan\phi_c=J_{c\perp}/J_{c\parallel} = 0.262$ \[(\[EybyEzTransport\]) and (\[EybyEzCutting\]), dashed\]. []{data-label="EybyEz77Kplot"}](figure11.pdf){width="8cm"}
Although we cannot at present provide a justification for the following assumption, if we assume the following form for theoretical values of $E_y/E_z$, $$\frac{E_y}{E_z} = c \frac{(r-1) \tan \alpha_0}{r + \tan^2 \alpha_0},
\label{eq:ClemEq54prefactor}$$ we obtain a considerably better fit to the data at 77.35 K and 8 T, as shown in figure \[fig:Ez\_CGHG\_77p35K\_8T\_fit\_theory\], where the fit parameters were found to be $r = 0.080$ and $c = 1.936$.
![The measured $E_y/E_z$ (open symbols) vs $\alpha_0$ at $77.35{{\ensuremath{~\mathrm{K}}}}$ and $8{{\ensuremath{~\mathrm{T}}}}$ ($V_c = 60 {{\ensuremath{~\mathrm{\mu{}V}}}}$, $E_z = 0.02{\ensuremath{~\mathrm{V/m}}}$) and the assumed fit function \[(\[eq:ClemEq54prefactor\]), solid curve\] with the fit parameters $r= \rho_c/\rho_f = 0.080$ and $c = 1.936$)[]{data-label="fig:Ez_CGHG_77p35K_8T_fit_theory"}](figure12.pdf){width="8cm"}
\[Conclusions\]Conclusions
==========================
The purpose of this paper has been to compare five theoretical models describing the critical state of type-II superconductors when the current density $\bm J$ is at an arbitrary angle with respect to the local magnetic flux density $\bm B$ and then to use experimental measurements of the angular dependence of the critical current density $J_c$ and the electric field $\bm E$ (for $J$ just above $J_c$) as a test of these theories.
For simplicity, the geometry of an infinite, macroscopically isotropic type-II superconducting slab of finite thickness centered on the $yz$ plane was used for calculating the predictions of the five theories. However, the experiments were performed using a thin YBCO film subjected to in-plane currents and magnetic fields, but we assumed that the effects of finite dimensions and self-fields were small enough that the experiments would be able to make a clear distinction among the five theories.
Measurements of the angular dependence of the critical-current density $J_c$ showed that the cusp-like behaviour predicted by the generalized double critical-state model (GDCSM) was not verified. Instead, the angular dependence of $J_c$ showed a behaviour very similar to that assumed by both the original elliptical critical-state model (OECSM) and the extended elliptical critical-state model (EECSM).
Measurements of the angular dependence of the ratio of the transverse to the longitudinal components of the electric field $E_y/E_z$ at 85 K and 1 T for $J$ just above $J_c$ also showed that the sawtoothlike behaviour predicted by the generalized double critical-state model (GDCSM) and the Brandt-Mikitik model (BMM) was not verified. While all three elliptical critical-state models predict a smooth angular dependence of $E_y/E_z$, as found experimentally, the magnitude of $E_y/E_z$ predicted by the original elliptical critical-state model (OECSM) was too small to account for the experimental values. On the other hand, both the extended elliptical critical-state model (EECSM) with $r= \rho_c/\rho_f = 0.090$ and the Badía-Majós-López-Ruiz model (BLRM) were found to be in reasonable agreement with the data at 85 K and 1 T. However, the EECSM has the advantage that it is applicable for currents $J$ well above $J_c(\phi)$, while the BLRM is currently limited to $J$ just above $J_c(\phi)$.
None of the five models was found to provide a good description of the data for $E_y/E_z$ at 77.35 K and 8 T. A small value of $r= \rho_c/\rho_f = 0.026$ within the extended elliptical critical-state model (EECSM) can account roughly for the large magnitudes of $E_y/E_z$, but the resulting theoretical curve does not provide a good fit to the shape of the data. By adding an additional fit parameter to the theoretical expression for $E_y/E_z$ within the EECSM, better agreement with the magnitude and shape of the data for $E_y/E_z$ at 77.35 K and 8 T can be obtained, but at present we have no theoretical justification for this assumption. Further theoretical and experimental work to investigate the influence of finite dimensions and self-fields will be needed to shed light on this problem. Our theory assumes homogeneity of the electric field $\bm E$, but this needs to be confirmed, since earlier experiments measuring the local electric field in the longitudinal geometry found strong inhomogeneities in $\bm E $ along the sample length [@Irie74; @Irie75; @Ezaki76; @Cave78; @Matsushita98].
The experimental results in this paper call attention to two important features that to date have not been generally recognized. First, when $\bm J$ is neither parallel nor perpendicular to the local magnetic flux density $\bm B$, both flux cutting and flux transport occur simultaneously when $J$ exceeds the critical current density $J_c$. This indicates the intimate relationship between flux cutting and depinning. Second, the dynamical properties of the superconductor when $J$ exceeds $J_c$ depend in detail upon two effective resistivities, $\rho_c$ and $\rho_f$, and their ratio $r= \rho_c/\rho_f$. The consequence of this is that to provide a full description of the properties of type-II superconductors in the resistive state, both $\rho_c$ and $\rho_f$ should be measured. It can be shown that in cylindrical geometry, values of $r < 1$ are responsible for the paramagnetic moment generated along the length of a current-carrying type-II superconductor above its critical current when it is subjected to a longitudinal applied magnetic field [@Walmsley72a].
It seems likely that the angular dependence of the critical current density in type-II superconductors will depend upon the details of the underlying pinning structure, and it is possible that in many cases $J_c(\phi)$, which can be obtained experimentally, will not be given precisely by the elliptic form given in (\[Jcellipse1\]) and (\[Jcellipse\]). For example, $J_c(\phi)$ may even take the form of a superellipse, as suggested in [@Badia09] and [@Ruiz11]. In other words, although one should not take the elliptic model too seriously, it seems likely that $J_c(\phi)$ generally has roughly the shape shown in figure \[fig5\], and that it is a general principle that both flux cutting and flux transport occur simultaneously when $J > J_c(\phi)$.
References {#references .unnumbered}
==========
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The Black Kite is a medium-sized (M 55cm; F
60 cm) raptor with a blackish brown body and a slightly forked tail. The
wings are long and narrow, and the underside of the primaries shows a large
whitish patch. The Taiwan race formosanus is said to be smaller than
mainland races, but the difference appears to be subtle; furthermore, this
subspecies is said to occur on Hainan as well, so its endemic status is questionable.
The Black Kite catches a variety of prey
including mice and other small rodents, small birds, bats, lizards,
amphibians and large insects. It also eats a wide variety of animal
remains, scraps from abattoirs or fisheries, garbage and any kind of
carrion, including animals killed on roads. It spots prey from the air,
flying fairly low in an agile, maneuverable manner. It is gregarious and
roosts communally, usually in trees. The Black Kite occurs in all types of
open or lightly wooded habitat including grasslands, rivers, lakes, wetlands
and seashores. It nests in tall trees or on cliffs, building a nest of
sticks lined with various materials; the female lays 2-3 eggs and incubates
them, while the male brings her food.
In Taiwan the Black Kite is a rare resident
in lowlands to 800 m. Previously quite common, its population is now
estimated at only around 200 birds in five isolated sites: Wan-li, Rei-fang
and Hsin-tien in Taipei County, Tseng-wen Reservoir in ChiayiCounty and Northern Mountain in Pingtung
County. It is listed as endangered in
Taiwan and is legally protected.
References: Guide to
Threatened Birds of Taiwan, BirdLife International Red Data Book, 2005 (Woei-horng
Fang); Handbook of Birds of the World Vol. 2; A Field Guide to the Birds of
China (Mackinnon and Phillipps); 100 Common Birds of Taiwan (Wild Bird
Society of Taipei); N. J. Collar, “Endemic
subspecies of Taiwan birds—first impressions”, in Birding ASIA, Number 2,
December 2004 |
Q:
Measure Network Data with Python
I'm currently writing a program to shut down a computer when over a period of time (say, half an hour) network traffic is below a certain threshold.
Here's the pseudocode that I've worked will give the correct logic:
BEGIN SUBPROGRAM
loopFlag = True
Wait 5 minutes # Allows time for boot and for the machine to settle
traffic = 0
WHILE loopFlag = True DO
FOR sec = 0 to 3600
traffic += *network.traffic()*
wait 1 second
ENDFOR
IF traffic < trafficThreshold THEN
loopFlag = False
ENDIF
ENDWHILE
os.ShutDown()
END SUBPROGRAM
What I'm looking for is the Python module or library that will allow me to measure this.
Whilst I've done various research into this, these don't seem to be the sort of functionality I'm after, regardless of their language.
Any ideas on how to implement this?
A:
To check the network traffic on your system, i recommend you look into psutil:
>>> psutil.net_io_counters(pernic=True)
{'lo': iostat(bytes_sent=799953745, bytes_recv=799953745, packets_sent=453698, packets_recv=453698),
'eth0': iostat(bytes_sent=734324837, bytes_recv=4163935363, packets_sent=3605828, packets_recv=4096685)}
>>>
And to shutdown your OS, if you are on windows check this: OS Reboot, Shutdown, Hibernate, Sleep, Wakeup (Windows Python)
and if you are using linux/unix, use the subprocess module to send the shutdown/reboot command.
|
The same day a Bavarian policeman died after a shootout with a far-right extremist, police in the eastern state of Saxony-Anhalt were attacked by assailants also belonging to the "Reichsbürger" movement, German media reported on Friday.
Two officers in the town of Salzwedel were struck by a 43-year-old man and his 34-year-old wife after the pair refused to be escorted out of the town square. They called the police officers "Nazis" and continued to throw punches, landing one of the officers in the hospital to be treated for minor injuries.
The "Reichsbürger" movement has received renewed press in recent days after an incident in the southern town of Georgensgmünd which saw three officers wounded and a third killed. The self-proclaimed "Reichsbürger" do not recognize the authority of the German state, and believe the borders of Germany are those that existed prior to the Second World War. They allege that Germany remains occupied by the Allied Forces.
Members of the movement say they are citizens of the "Königreich Deutschland" or the Kingdom of Germany that existed before Adolf Hitler took power
Berlin's state intelligence recently described the group as "an extremely diverse range of small groups and individuals who believe in an ideological mixture of conspiracy theories, anti-Semitic and anti-democratic views, and who have been behaving increasingly aggressively for some time."
Security services will not track 'Reichsbürger'
Although they are nationalists, they are not considered neo-Nazis, and not all of them are right-wing extremists, according to German authorities. According to the Kölner Stadt-Anzeiger newspaper, this means the security services do not intend to surveil them, as they only believe there to be about 100 active "Reichsbürger" members in Germany and that most of them are not dangerous.
But in Bavaria on Wednesday, an encounter with one member of the movement did indeed turn out to be deadly. A 32-year-old officer was killed and three others wounded, one severely, in a gun fight. The officers had intended to raid the 49-year-old man's house to relieve him of weapons he had been deemed unfit to continue possessing.
The suspect was lightly wounded and taken into custody in the course of the raid. Bavaria's Interior Minister Joachim Herrmann warned that, while small in number, the "Reichsbürger" should not be dismissed as merely an "association of crackpots." |
Yancey had 146 receiving yards, a career best and his second-straight game over 100 yards receiving. It is the first time a Boilermaker had back-to-back 100+ yard receiving games since 2009 when Keith Smith had four in a row.
Etling went 14-35 for 184 passing yards with one touchdown and one interception. |
Healthy eating, meal-prepping made easy
October 10, 2017
Story By: Kelli Shiroma | Photos by: Lawrence Tabudlo
60 day-aged Angus Steak, Cauliflower Mash and Toasted Sesame Broccoli
Whether you don’t like cooking or lead a busy lifestyle, GRYLT’s meal prep program is here to help.
“We’re promoting healthy eating habits by creating meals with carefully portioned proteins, starches and veggies,” explains Jose Arias, GRYLT corporate chef. “Our meal prep program is not just for people who are working out — it’s convenient for anyone.”
ADVERTISEMENT
To order, visit builtbygr ylt.com, where customers can create complete meals featuring one protein, one starch and one veggie. The cost ranges from $7.50 to $16 per meal, depending on the selected protein.
“We don’t sacrifice flavor for nutrition,” he adds. “Our meals are low in sodium, there are no hormones or steroids, and we source locally as much as possible. Everything’s made in small batches — we never freeze anything and use it for the next batch.”
The ordering process is easy: Simply choose how many meals you want and how many days you want them for. Then, select any of the three GRYLT locations to pick up your meals on Sundays and Wednesdays.
“You pick your proteins, starches and veggies, but we surprise you with the mix and matching so your taste buds don’t plateau on the same flavor combinations,” Arias says. “We guarantee peak, four-days’ freshness for our meals, and you can even pick them up curbside.”
Next month, three new options will be available, including Grilled Bok Choy, Grilled Okinawan Sweet Potato and southwest-style Fiesta Turkey Burgers. |
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2018: The Year That Was
As I begin to type this on my phone's notepad, I'm not sure what direction this post would be taking but I know I want to briefly document about how my year went and maybe, hopes for the new year. I'm doing this majorly because it would serve as a reference and reminder for me in times to come.
These pictures because I feel the need to put them everywhere for posterity.
2018 was that year. I feels like I legit lived through 5 other years in this year. I don't remember having any specific intentions/resolutions at the start of this year. Actually, I think I simply viewed it as just another day. Of course, I had new things I wanted to try out and I did start with them but other than those, nothing much. And because I was tired of just going over some unpleasant experiences I had this year, I decided to write about them and I found that while writing them, it became easier to actually count blessings and make intentional choices that would let me have a better new year
1. Falling incredibly sick: This happened circa July. This is December and I honestly do not still understand whatever happened with me. I was in so much pain that I landed in a hospital and got admitted for the first time ever. It was pretty scary because a couple of tests were run and the results showed nothing. However, based on my symptoms, I was placed in a renal ward. This happened during towards the end of semester when I was faced with tests from every corner and I was (still am) in my final year. Taking risks of not writing tests was huge and there was honestly no hope of writing any of them but somehow, somehow, I was able to make it to school on the proposed day of a test and luckily for me, it was postponed. I had to face reading for two other crazy courses, scheduled to hold only few minutes apart. I was definitely unprepared and all but I wrote the tests still and God really did his part.
2. Making money from what I enjoy doing: Even though I was absent on the blog, I was still creating and managing content for brands and individuals. Apparently, money is huge motivation, smh. I would never have fully embraced this side of me and even gotten these opportunities if I didn't have this blog so, fair enough?
3. Final Year Headache: I definitely had heard of how stressful final year was but nothing, nothing and I repeat nothing prepared me for what I got. It definitely has been my toughest year so far. You know, at some point I actually thought about just dropping out of school and what the implications would be. No exaggerations here. Coupled with the 'what's next after school' thoughts, I was stressed physically, academically, emotionally and mentally. I actually wrote an exam last semester that made me get out of the exam hall and start craving for ice cream. Why? I needed something sweet to take the pain and fear away but a few words with my sister and the total exhaustion, I only ended up locking myself up in my room and praying seriously. I'm yet to see the results but prayers work, yes.
4. Worst Birthday ever: Okay, I wasn't sure about including this but here it is. From everything I've written in this post, I think it's pretty obvious that I don't deal with stress well and so, on my birthday I was super stressed because I had a deadline to meet, it was getting late and I had to travel down to school. Just one physical trigger and I ended up bursting into tears in the car, making one of the other passengers to start asking questions. I managed to meet up with the deadline but I couldn't travel back home that day so yh boring and annoying birthday. In retrospect though, I realized there were many other things that could have gone wrong and so, I'm thankful.
Related: Life Update: 2018 Birthday Post
5. I was scammed: By myself. Okay, this bit is so embarrassing that I shared with only one person when it happened. I had been looking for journals online for my project when I came across a site that had exactly what I wanted. It required me to sign up and enter my card details. Ordinarily, I would have closed the page and moved on but from the tagline, it had just what I needed and I was sure I wouldn't be purchasing anything so why not? I regrettably signed up in a haste, only to find the whole site confusing and I ended up getting nothing. Sadly for me, signing up wasn't for free and they charged some dollars if after some days you haven't canceled your subscription. Somehow, I didn't see all this and I got debited the first time. I remember being lost but probably because it was just a dollar, I totally forgot about it. Until after a few days when the big debit alert came in. Faaam, I thought I was going to run mad that night especially because I was alone! I was lost, confused, agitated and everything in between. I had forgotten about this site actually plus the transaction details said the source was from a certain website which I checked online and found to be one that sells aphrodisiacs. I was further confused tbh and in a state of mind that wouldn't allow me stay alone that night. I just had to calm down enough till the next day when I went to the bank to make complaints and I eventually found out that I did the evil to myself by not only signing up in the first place but also entering my card details and then not canceling the subscription immediately after the free, not so free trial. Of course, all of this I would have known if I had taken time to read and understand the information on the site. Anyway, I sent a couple of mail messages to the company and with the help of the bank, I was able to get some of the money back but boyy, did it hurt.
So much actually happened this year that I honestly cannot explain. I just remembered that one time I fell so sick again and I had to transfer all of the money in my account to someone so they'd help me withdraw but I ended up buying that amount as credit 'cause of how weak and helpless I was. Gosh.
All in all, I'm grateful that I still have blessings that I can count. Many, in fact and of course, lessons have been learnt. As I'm concluding this post, I realize that it was one I needed to write for myself, for reflection and I hope to read this post sometime next year and be grateful for the year that was.
Just because of how extra chatty and TMI laden this post seems to me, I doubt I'd even share or promote it (not like I do a lot of promotion, shame), if you happen to have read through all the ramblings and so not summarized writing and you're still here, thank you so much for reading and especially, for your patience.
Here's to a better 2019. For you and for me!
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I love and enjoy reading and this year, I decided to read with more intent. Much more than the knowledge gained, the vocabulary that becomes expanded and the numerous places I travel to from reading books, I decided to actually journal about my reading activities this year and also write out lessons learnt from each book.
I read at a pace of one book a week so that should be about 4 books a month except when a book has too many pages and I have to go through it in two weeks. I actually belong to a book club but because I already had a book I wanted to start the year with, I couldn't follow the reading schedule from the onset of the month so I decided to just freestyle it for the month of January. The books I read are
1. THE KITE RUNNER - Khaled Hosseini
This book guys, would swallow you up. It's actually a very sad book and I expected this because I've read a book by the same author where I almost shed tears but this blew my imaginations. You know, at some point I just stopped mid sentence and wondered for the umpteenth time how one person could be so talented and make so many emotions come up with words! I actually felt like I've never read before. Lol.
PLOT: This book was set in Afghanistan and the protagonist is Amir who lost his mother immediately after she gave birth to him and who throughout his childhood tried hard to win his father's love while also having fun with his best friend, Hassan who is also the son of his father's servant. Amir watches Hassan being bullied and abuse…
It lowkey sucks that the only thing I'm consistent with on the blog now is the monthly literary conversation. I'm however trying hard to not dwell too much on this sad fact. Anyway, happy new month to you! April was a fun month. I was really hoping for a better month because like I said HERE, March wasn't all that good. Well, I guess I got that.
On the school front, I finally resumed after about 8 months of being away from school because of my 6 months industrial training. I'm in my final year now and I'm mentally trying to prepare for all of the inevitable stress and working on how I won't let myself be overwhelmed. You should already guess that resuming means I have less time to spend on my reading but I still read almost all of it.
1. Stay With Me - Ayobami Adebayo
If you follow me on Instagram (Right here) , then you would have seen me put up a picture of this book and a picture of this book and myself. I think I talked about it so much that a friend had t… |
If anyone should be dubbed the
“composer laureate” of Objectivism (the philosophy of Ayn Rand), it is Franz
Lehár (1870–1948). Not only because his Where the Lark Sings was one of
Ayn Rand’s spiritual lifelines in her blackest years in Soviet Russia—but also
because of the guiltless sensuality and romantic-realistic sense of life of his
most famous operetta, The Merry Widow (Die lustige Witwe; 1905,
the year of Rand’s birth).
In the Lehár biography Gold
and Silver, Bernard Grun writes: “The complete novelty of The Merry
Widow lies in the frankly erotic nature of its subject. … The hundred
melodies in the score sing of nothing but desires, impulses, passions, embraces
and kisses.” One commentator was moved to say, “It is so shocking it does not
belong on any decent stage!”
Where his contemporaries
presented farcical social types, Lehár sought greater realism and
individualism. “I want to write music for and around human beings: their hearts
and souls, their emotions and passions, their joy and sadness.” The exultant
sense of life that sustained the young Ayn Rand has a counterpart in what
Edward Greenfield described as Widow’s “atmosphere of pre-1914 gaiety
and brilliance which leaves you heady with exhilaration.”
When this masterpiece
appeared, the products of amateurs dominated the field and pundits had
pronounced operetta dead. Lehár revived the form by means of vast expertise and
a revolutionary originality. “In the score … he tried all possible tonal
devices, however bold and hazardous. … The violins, divided three- and
fourfold, sang at heights never reached before in this type of music—or kept up
there their alluring harmonies … the flutes scurried across the pages of the
score, joining up with the glissando of the harp. … [T]he brass, instead of
blaring, was arranged for soft velvety sounds. All these effects gave the music
its surprisingly different style, and played their part in lifting the genre
operetta from the gemütliche old Viennese into the universal and
international sphere.”
But the strongest reason
why Lehár deserves the attention of Objectivists is his melodic genius. Ayn
Rand invested great importance in this aspect of music. She knew, and it is
well recognized, that good melodies convey an impression of logic and inevitability,
which has surprising emotional power—they exploit a reason-emotion synergy.
Lehár displays his effortless command of this art in practically every one of Widow’s
numbers. In Grun’s words, “they form a single intoxicating flow of musical
ideas of sublimest stamp.” (The “Merry Widow Waltz” is perhaps too familiar;
try the Act I Finale or Act II Opening. I recommend the German version,
especially Angel recording 3630 B/L with Elisabeth Schwarzkopf, and Lovro von Matacic
conducting.)
“The man in the street
may love The Merry Widow,” observed Ernest Newman, “but the musician, in
addition to loving it, admires and wonders at it, so fresh and varied is the
melodic invention in it, so deft, for all their economy, the harmonisation and
the scoring.”
Great tunes were less
frequent in his later works, and lightheartedness was to give way to a more
“serious” tone. But The Merry Widow is Franz Lehár’s undeniable claim to
the hearts of those who share the sense of life that fueled Ayn Rand. |
Howard tops ex-PMs in perks
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FIVE of Australia's surviving former prime ministers have cost taxpayers almost $1 million in travel and office expenses in 12 months.
John Howard, Australia's second longest-serving prime minister, topped the list with a bill of almost $300,000 for the 2010-11 financial year, documents released by the Department of Finance and Deregulation revealed.
Entitlements for the five former prime ministers totalled $984,880 for the 12 months.
On top of their generous parliamentary pensions, former prime ministers are entitled to taxpayer-funded support, "in recognition of public service", in the form of domestic airfares - for themselves and family - an office and staff and a car.
In 2001 Mr Howard, as prime minister, announced entitlements of former prime ministers, governors-general and life gold passholders would be made public every six months.
The former Liberal PM's Sydney office cost more than $255,000 to run in 2010-11.
Mr Howard racked up a travel bill of almost $38,000, with that figure comprising an almost even split between car costs and airfares.
Malcolm Fraser was next on the list with taxpayers forking out more than $255,000.
Mr Fraser, who last week turned 82, spent $194,954 on his office and almost $34,000 in car costs.
His airfares totalled $12,269.
The man Mr Fraser successfully deposed as prime minister in 1975, Gough Whitlam, cost taxpayers the least of all the former prime ministers with a total spend of $137,832.
Fellow former Labor MPs Paul Keating ($149,423) and Bob Hawke ($144,603) also came in well below their conservatives counterparts.
PM PERKS
What the five surviving former PMs costs taxpayers in 2010-11*:
John Howard
$297,765.27
Malcolm Fraser
$255,256.10
Paul Keating
$149,423.47
Bob Hawke
$144,603.30
Gough Whitlam
$137,832.20
*Entitlements paid by the Department of Finance and Deregulation. Figures are totals for 2010-11 financial year and taken from documents tabled in parliament. |
Happy Patriots’ Day, everyone!
Today thousands of runners are making that famous trek from Hopkinton to Boylston Street. That’s The Boston Marathon, the only one that counts, but there are many ways you can run 26 miles and 385 yards to reach that finish line. We thought it would be fun to put them all on a map. So there they are above: 581 different 26.2-mile routes to the finish line from all directions—plus the one official course.
If you protest that the map surely doesn’t show every possible marathon route, you would of course be correct. The number of unique routes of marathon distance is practically infinite. You could run all kinds of crazy routes and barely even leave the neighborhood! How about a spiral marathon?
What’s on our map is only a sample of routes that start outside the city, as the actual Marathon course does, flowing together as they approach Boston. We came up with a set of around 4200 candidate starting points, threw them at MapQuest’s open directions API both for walking and driving directions, and kept the routes that turned out to be close to the right length. We also did our best to toss any routes that use limited access highways. Best not to run on those.
Whether you’re running the Boston Marathon today or one of the myriad others, or are just taking a spin around the neighborhood, good luck and happy running! |
Alguém falou, com razão, que o discurso de Jair Bolsonaro transmitido ao vivo para seus seguidores na avenida Paulista, no último domingo, é uma versão atualizada do “Brasil, ame-o ou deixe-o”, o bordão ufanista criado no período mais sinistro da ditadura a fim de promover o regime e esconder seus crimes. É muito provável que o próprio capitão-candidato se orgulhe da comparação. Recolho algumas frases dessa peça histórica:
“Nós somos a maioria.”
“Nós somos o Brasil de verdade.”
“A faxina agora será muito mais ampla” (se comparada as que foram feitas pela ditadura e pelo impeachment de Dilma).
“Esses marginais vermelhos serão banidos da nossa pátria.”
“Você vai apodrecer na cadeia” (a “seu Lula da Silva”, como ele se refere ao ex-presidente).
“O Haddad vai chegar aí também. Mas não será pra visitá-lo, não. Será para ficar alguns anos ao teu lado.”
“Será uma limpeza nunca vista na história do Brasil.”
“Vocês, petralhada, verão a polícia civil e militar com retaguarda jurídica para fazer valer a lei no lombo de vocês.”
“Bandidos do MST, bandidos do MTST, as ações de vocês serão tipificadas como terrorismo. Ou vocês se enquadram ou vão fazer companhia ao cachaceiro lá em Curitiba.”
“Sem mentiras, sem fake news, sem Folha de S. Paulo. Nós ganharemos essa guerra”
Limpeza, faxina, marginais, bandidos, petralhada, cachaceiro, lombo, apodrecer na cadeia – o vocabulário de Jair Bolsonaro espelha de modo transparente suas intenções e sua personalidade. Ele fala a língua da tortura, a língua do extermínio, a língua da porrada. Exagero se disser que a palavra “lombo” nos remete aos suplícios contra os negros na época da escravidão?
Fiz questão de apresentar um pot-pourri desse discurso porque seu alcance foi de certa forma menosprezado. Em parte, isso ocorreu porque, no livre mercado das atrocidades em curso, no último final de semana Bolsonaro perdeu a concorrência para o filho Eduardo – o deputado federal mais votado do país –, que numa palestra falou que bastaria para fechar o Supremo “um soldado e um cabo”. Gravado meses atrás, o vídeo veio a público quase ao mesmo tempo em que seu pai saciava os instintos mais primitivos das pessoas de bem em festa na Paulista.
Se tudo ocorrer conforme o previsto, daqui a quatro dias o homem cujo ídolo é o torturador Brilhante Ustra estará eleito. A partir de 2019, se tornará a autoridade máxima da República. Será o comandante supremo das Forças Armadas, o novo chefe da Polícia Federal. Devemos esperar uma conversão súbita da bestialidade em sabedoria? Devemos acreditar que depois da posse seu extremismo cederá terreno à moderação? Que o terrorismo retórico e as recorrentes ameaças à imprensa, às instituições e à democracia são só arroubos de candidato? Não será mais realista supor que as palavras – parte delas, pelo menos – irão se materializar em ações? Não é isso que as pessoas vestidas de verde e amarelo estão pedindo quando gritam “mito, mito”? As evidências recomendam que não se deve subestimar a riqueza escondida no subsolo da alma do brasileiro. Bolsonaro representa o desrecalque do pior de nós como nação.
Ele será eleito sem fazer nenhuma concessão, nenhum movimento em direção ao centro. Pelo contrário, está onde sempre esteve, muito à vontade na extrema direita, representante genuíno do obscurantismo raiz. Não participará de nenhum debate, só concedeu e concederá as entrevistas que bem entender, nas condições que ele mesmo estabelece. São, invariavelmente, fake interviews. Quase sempre, Bolsonaro discorre em detalhes sobre a bolsinha que armazena seu cocô. É uma fixação.
A facada o liberou de fazer qualquer aceno à civilização. Liberou também as falanges que o circundam a partir antes mesmo da eleição da retórica para a prática. Afinal, “a vítima foi o nosso capitão”, “a violência não partiu de nós”.
No dia seguinte ao atentado de Juiz de Fora, um amigo manifestou seu temor de que o país mergulhasse numa espiral ensandecida de vinganças, com guerra campal, violência descontrolada, mortes em série. No primeiro momento isso não aconteceu, pelo menos não dessa forma. Assim que se definiu que o adversário a abater seria Fernando Haddad, no entanto, a truculência logo recrudesceu.
Houve o assassinato – tão simbólico – de Moa do Katendê, na Bahia, e começaram a pipocar pelo país, na internet e nas ruas, as intimidações, as agressões físicas, os espancamentos, as ameaças de morte. Negros, gays, travestis, nordestinos, petistas, portadoras do adesivo #elenão, artistas, intelectuais, ativistas dos direitos humanos – o espectro de pessoas insultadas, agredidas ou aterrorizadas é imenso. Ele inclui, como se sabe, jornalistas.
Patrícia Campos Mello, da Folha, se tornou alvo preferencial desses grupos depois da reportagem sobre a confecção e distribuição em massa de notícias falsas, via WhatsApp, financiadas por empresários apoiadores de Bolsonaro. Recebeu telefonemas anônimos intimidadores, teve seu WhatsApp invadido, se viu obrigada a desmarcar um compromisso profissional do qual seria moderadora depois que grupos bolsonaristas convocaram sua militância pelas redes sociais para constrangê-la.
Ela não é a única. O diretor executivo do Datafolha, Mauro Paulino, também foi ameaçado de morte. Eis o teor de uma mensagem que lhe foi endereçada na semana passada:
“Discutir e pesquisar democracia, tortura e etc nessa semana é muita putaria sua seu filho da puta. Merece uma navalha na garganta! Comunista ordinário e sem vergonha!!! Te dar tiro é desperdício! Você não vale a bala! Mas só esperar! Bolsonaro vai te foder tanto quanto merece!
VAGABUNDO!
SUJO!
COVARDE E FACCIOSO!
Eu teria um orgasmo se te desse um belo soco na cara!”
A Polícia Federal, ao que consta, está investigando o caso. É desse tipo de coisas que estamos falando. Está se esboçando com nitidez no país uma espécie de novo CCC, o Comando de Caça aos Comunistas que agiu na ditadura.
É óbvio que num ambiente como esse o exercício do jornalismo independente está ameaçado. É preciso, ainda assim, evitar a tentação da estridência – uma reportagem apurada e escrita com zelo técnico e sem paixão vale mais do que as reações exaltadas. Mas também é preciso ter discernimento e coragem para chamar as coisas pelo nome.
A Folha, por exemplo, deveria fazer circular um Erramos pela Redação: “Ao contrário do que dissemos outro dia, Bolsonaro é, sim, de extrema-direita. Ele nos obrigou a reconhecer isso. Antes tarde do que nunca. Foi mal.” O secretário de Redação Vinicius Mota, autor do memorando interno que proíbe os profissionais da casa a identificar o capitão no extremo do espectro político (ele seria apenas “de direita”), prestaria um serviço ao jornalismo se adotasse para si a autocrítica que, com carradas de razão, cobra do PT.
Mas a Folha, a despeito dessa que é, mais do que um erro conceitual, uma cegueira histórica, continua sendo o jornal mais arejado e relevante do país. Isso se deve ao legado de Otavio Frias Filho. Está encarnado na atuação da ombudsman, se manifesta na publicação de um texto como o de Nuno Ramos (na seção Tendências/Debates do último dia 23), está vivo quando Marcelo Coelho escreve uma coluna questionando a posição editorial do jornal.
“Nunca tivemos um defensor explícito da tortura como candidato – e disposto a cumprir a promessa. Será romper com o apartidarismo dizer simplesmente ‘ele não’? E o que significa dizer ‘ele não e o outro também não’? Será que significa ‘tortura pode ser?’”, perguntou Coelho na Ilustrada do último dia 17. Está claro que ele reagia, sem que precisasse dizê-lo explicitamente, ao editorial publicado na primeira página da Folha em 29 de setembro, uma semana antes do primeiro turno.
Intitulado “A hora do compromisso”, o editorial se esforçava para manter uma posição de equidistância entre Jair Bolsonaro e Fernando Haddad, cobrando de ambos “manifestações de submissão ao enquadramento democrático”, como se representassem ameaças equivalentes ao estado de direito. O texto, que já nasceu torcido, envelheceu rápido e mal. Não foram necessários nem trinta dias para que caísse numa espécie de ridículo – o exercício algo escolar e formalista do apartidarismo ali vocalizado foi triturado pela escalada da violência nas últimas semanas, culminando com as palavras de inspiração claramente fascista – chamemos as coisas pelo nome – proferidas no último domingo pelo provável futuro presidente do Brasil.
Dizer com todas as letras que ele representa um retrocesso intolerável não significa condescender com os erros e os crimes praticados pelo PT. Para que isso ocorra é preciso desviar um pouco os olhos dos manuais e observar a realidade a fim de ter mais clareza do que está em jogo. De preferência antes que a bestialidade em gestação se transforme no nosso novo normal, como aliás não cansa de repetir a imprensa estrangeira, estupefata com o que estamos conseguindo fazer de nós mesmos. |
Thiacarbocyanine as ligand in dye-affinity chromatography for protein purification.
A thiacarbocyanine has been post-grafted onto beaded cellulose by a curing method envisioning their use as a biomimetic ligand in dye-affinity chromatography. The immobilization of this dye was performed based on a previously brief derivatization study where the analogous microcrystalline cellulose was alternatively used and some of the curing reaction conditions were varied. The grafted beaded cellulose so obtained was qualitatively and quantitatively characterized by SEM, SEM-EDS and EA. The immobilized dye-affinity interaction with the standard proteins bovine serum albumin, alpha-chymotrypsin and lysosyme was analysed. The influence of the mobile phase composition on the chromatographic behaviour of these standard proteins was also studied. A selective interaction was observed allowing the separation of all the three proteins from an artificial mixture. |
package networkallocator
import (
"fmt"
"github.com/docker/libnetwork/idm"
"github.com/docker/swarmkit/api"
)
const (
// Start of the dynamic port range from which node ports will
// be allocated when the user did not specify a port.
dynamicPortStart = 30000
// End of the dynamic port range from which node ports will be
// allocated when the user did not specify a port.
dynamicPortEnd = 32767
// The start of master port range which will hold all the
// allocation state of ports allocated so far regerdless of
// whether it was user defined or not.
masterPortStart = 1
// The end of master port range which will hold all the
// allocation state of ports allocated so far regerdless of
// whether it was user defined or not.
masterPortEnd = 65535
)
type portAllocator struct {
// portspace definition per protocol
portSpaces map[api.PortConfig_Protocol]*portSpace
}
type portSpace struct {
protocol api.PortConfig_Protocol
masterPortSpace *idm.Idm
dynamicPortSpace *idm.Idm
}
func newPortAllocator() (*portAllocator, error) {
portSpaces := make(map[api.PortConfig_Protocol]*portSpace)
for _, protocol := range []api.PortConfig_Protocol{api.ProtocolTCP, api.ProtocolUDP} {
ps, err := newPortSpace(protocol)
if err != nil {
return nil, err
}
portSpaces[protocol] = ps
}
return &portAllocator{portSpaces: portSpaces}, nil
}
func newPortSpace(protocol api.PortConfig_Protocol) (*portSpace, error) {
masterName := fmt.Sprintf("%s-master-ports", protocol)
dynamicName := fmt.Sprintf("%s-dynamic-ports", protocol)
master, err := idm.New(nil, masterName, masterPortStart, masterPortEnd)
if err != nil {
return nil, err
}
dynamic, err := idm.New(nil, dynamicName, dynamicPortStart, dynamicPortEnd)
if err != nil {
return nil, err
}
return &portSpace{
protocol: protocol,
masterPortSpace: master,
dynamicPortSpace: dynamic,
}, nil
}
// getPortConfigkey returns a map key for doing set operations with
// ports. The key consists of name, protocol and target port which
// uniquely identifies a port within a single Endpoint.
func getPortConfigKey(p *api.PortConfig) api.PortConfig {
return api.PortConfig{
Name: p.Name,
Protocol: p.Protocol,
TargetPort: p.TargetPort,
}
}
func reconcilePortConfigs(s *api.Service) []*api.PortConfig {
// If runtime state hasn't been created or if port config has
// changed from port state return the port config from Spec.
if s.Endpoint == nil || len(s.Spec.Endpoint.Ports) != len(s.Endpoint.Ports) {
return s.Spec.Endpoint.Ports
}
allocatedPorts := make(map[api.PortConfig]*api.PortConfig)
for _, portState := range s.Endpoint.Ports {
if portState.PublishMode != api.PublishModeIngress {
continue
}
allocatedPorts[getPortConfigKey(portState)] = portState
}
var portConfigs []*api.PortConfig
for _, portConfig := range s.Spec.Endpoint.Ports {
// If the PublishMode is not Ingress simply pick up
// the port config.
if portConfig.PublishMode != api.PublishModeIngress {
portConfigs = append(portConfigs, portConfig)
continue
}
portState, ok := allocatedPorts[getPortConfigKey(portConfig)]
// If the portConfig is exactly the same as portState
// except if SwarmPort is not user-define then prefer
// portState to ensure sticky allocation of the same
// port that was allocated before.
if ok && portConfig.Name == portState.Name &&
portConfig.TargetPort == portState.TargetPort &&
portConfig.Protocol == portState.Protocol &&
portConfig.PublishedPort == 0 {
portConfigs = append(portConfigs, portState)
continue
}
// For all other cases prefer the portConfig
portConfigs = append(portConfigs, portConfig)
}
return portConfigs
}
func (pa *portAllocator) serviceAllocatePorts(s *api.Service) (err error) {
if s.Spec.Endpoint == nil {
return nil
}
// We might have previous allocations which we want to stick
// to if possible. So instead of strictly going by port
// configs in the Spec reconcile the list of port configs from
// both the Spec and runtime state.
portConfigs := reconcilePortConfigs(s)
// Port configuration might have changed. Cleanup all old allocations first.
pa.serviceDeallocatePorts(s)
defer func() {
if err != nil {
// Free all the ports allocated so far which
// should be present in s.Endpoints.ExposedPorts
pa.serviceDeallocatePorts(s)
}
}()
for _, portConfig := range portConfigs {
// Make a copy of port config to create runtime state
portState := portConfig.Copy()
// Do an actual allocation only if the PublishMode is Ingress
if portConfig.PublishMode == api.PublishModeIngress {
if err = pa.portSpaces[portState.Protocol].allocate(portState); err != nil {
return
}
}
if s.Endpoint == nil {
s.Endpoint = &api.Endpoint{}
}
s.Endpoint.Ports = append(s.Endpoint.Ports, portState)
}
return nil
}
func (pa *portAllocator) serviceDeallocatePorts(s *api.Service) {
if s.Endpoint == nil {
return
}
for _, portState := range s.Endpoint.Ports {
// Do an actual free only if the PublishMode is
// Ingress
if portState.PublishMode != api.PublishModeIngress {
continue
}
pa.portSpaces[portState.Protocol].free(portState)
}
s.Endpoint.Ports = nil
}
func (pa *portAllocator) isPortsAllocated(s *api.Service) bool {
// If service has no user-defined endpoint and allocated endpoint,
// we assume it is allocated and return true.
if s.Endpoint == nil && s.Spec.Endpoint == nil {
return true
}
// If service has allocated endpoint while has no user-defined endpoint,
// we assume allocated endpoints are redudant, and they need deallocated.
// If service has no allocated endpoint while has user-defined endpoint,
// we assume it is not allocated.
if (s.Endpoint != nil && s.Spec.Endpoint == nil) ||
(s.Endpoint == nil && s.Spec.Endpoint != nil) {
return false
}
// If we don't have same number of port states as port configs
// we assume it is not allocated.
if len(s.Spec.Endpoint.Ports) != len(s.Endpoint.Ports) {
return false
}
allocatedPorts := make(map[api.PortConfig]*api.PortConfig)
for _, portState := range s.Endpoint.Ports {
if portState.PublishMode != api.PublishModeIngress {
continue
}
allocatedPorts[getPortConfigKey(portState)] = portState
}
for _, portConfig := range s.Spec.Endpoint.Ports {
// Ignore ports which are not PublishModeIngress
if portConfig.PublishMode != api.PublishModeIngress {
continue
}
portState, ok := allocatedPorts[getPortConfigKey(portConfig)]
// If name, port, protocol values don't match then we
// are not allocated.
if !ok {
return false
}
// If SwarmPort was user defined but the port state
// SwarmPort doesn't match we are not allocated.
if portConfig.PublishedPort != portState.PublishedPort &&
portConfig.PublishedPort != 0 {
return false
}
// If SwarmPort was not defined by user and port state
// is not initialized with a valid SwarmPort value then
// we are not allocated.
if portConfig.PublishedPort == 0 && portState.PublishedPort == 0 {
return false
}
}
return true
}
func (ps *portSpace) allocate(p *api.PortConfig) (err error) {
if p.PublishedPort != 0 {
// If it falls in the dynamic port range check out
// from dynamic port space first.
if p.PublishedPort >= dynamicPortStart && p.PublishedPort <= dynamicPortEnd {
if err = ps.dynamicPortSpace.GetSpecificID(uint64(p.PublishedPort)); err != nil {
return err
}
defer func() {
if err != nil {
ps.dynamicPortSpace.Release(uint64(p.PublishedPort))
}
}()
}
return ps.masterPortSpace.GetSpecificID(uint64(p.PublishedPort))
}
// Check out an arbitrary port from dynamic port space.
swarmPort, err := ps.dynamicPortSpace.GetID()
if err != nil {
return
}
defer func() {
if err != nil {
ps.dynamicPortSpace.Release(uint64(swarmPort))
}
}()
// Make sure we allocate the same port from the master space.
if err = ps.masterPortSpace.GetSpecificID(uint64(swarmPort)); err != nil {
return
}
p.PublishedPort = uint32(swarmPort)
return nil
}
func (ps *portSpace) free(p *api.PortConfig) {
if p.PublishedPort >= dynamicPortStart && p.PublishedPort <= dynamicPortEnd {
ps.dynamicPortSpace.Release(uint64(p.PublishedPort))
}
ps.masterPortSpace.Release(uint64(p.PublishedPort))
}
|
Therapeutic patient education in children with moderate to severe atopic dermatitis: A multicenter randomized controlled trial in China.
Therapeutic patient education is a continuous, systematic, patient-centered learning process to help patients and their families acquire and maintain the skills they need to manage their lives with a chronic disease. It has been proven effective in increasing treatment adherence and improving quality of life for patients with atopic dermatitis (AD) in Western countries. We introduce the first multicenter, randomized controlled clinical trial of therapeutic patient education in Chinese children with AD. To evaluate the effects of therapeutic patient education on the severity of AD, quality of life, and understanding and successful use of emollients in Chinese children with eczema. We recruited 580 children, ages 2-14 years, with moderate to severe AD from six hospitals in China. Participants were randomized (1:1) to an intervention (n = 293) or control (n = 249) group. In addition to the severity of AD, data on quality of life and a questionnaire on family and patient knowledge of emollients were evaluated at the 6-month follow-up. On study completion, we found that the intervention group showed a significantly greater reduction in mean SCORing Atopic Dermatitis (P < .001) and Infant's Dermatology Life Quality Index (P = .030) scores than the control group. In addition, knowledge about the use of emollients improved significantly in the intervention group. There was no significant difference between groups in Children's Dermatology Life Quality Index scores. The first randomized controlled trial of a therapeutic patient education program in China had positive long-term effects on decreasing eczema severity and improvement of quality of life in children 2-4 years of age with AD, as well as in promoting greater understanding of the use of emollients. |
Q:
hadoop fs operations file not found
I installed and configured hadoop recently on my ubuntu 12.04 operated machine. The installation was successful and I am able to start all services successfully.
I am facing problem with hadoop fs . I think I have set it up correctly since hadoop fs is not giving any error like command not found. I am facing error while doing any operation with hadoop fs like ls, put, copyFromLocal.
Every operation ends up in showing No such file or directory error though being provided with valid path.
Please help me solve this.
Output by hdfs
recmach@chetan-HP-ENVY-15-Notebook-PC:~/hadoop/hadoop-2.6.1/sbin$ hadoop fs -ls /home/recmach
ls: `/home/recmach': No such file or directory
Output by ls for same directory
recmach@chetan-HP-ENVY-15-Notebook-PC:~/hadoop/hadoop-2.6.1/sbin$ ls -l /home/recmach
total 52
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Desktop
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Documents
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 15:27 Downloads
-rw-r--r-- 1 recmach hadoop 8445 Oct 21 11:56 examples.desktop
drwxrwxr-x 3 recmach hadoop 4096 Oct 21 13:10 hadoop
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Music
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Pictures
drwxr-xr-x 3 recmach hadoop 4096 Oct 21 15:58 Public
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Templates
drwxr-xr-x 4 recmach hadoop 4096 Oct 21 14:50 tmp
drwxr-xr-x 2 recmach hadoop 4096 Oct 21 13:57 Videos
A:
when we execute hadoop fs -ls ., Hadoop, by default, looks for /user/<current login user>
Since you are facing error No such file or directory, it seems that /user/<current login user> doesn't exist in hdfs.
To fix this issue, execute following command
hadoop fs -mkdir -p /user/<current login user>
where "current login user" is linux username.
recmach@chetan-HP-ENVY-15-Notebook-PC:~/hadoop/hadoop-2.6.1/sbin$ hadoop fs -ls /home/recmach
ls: `/home/recmach': No such file or directory
/home/recmarch doesn't exist on HDFS and hence error. Try following command
hadoop fs -mkdir -p /home/recmarch
|
Q:
Proof by Induction that $3^n ≥ 1+2^n$
Use the PMI to prove the following for all natural numbers:
$3^n ≥ 1+2^n$.
I have already verified the base case but am having trouble doing so with the inductive case. Thanks!
A:
Suppose the result holds for the case $n$ : $3^n \geq 1 + 2^n$. Now, to complete the induction proof, we must show $ 3^{n+1} \geq 1 + 2^{n+1} $.
$$ 3^{n+1} = 3^n \cdot 3 \geq(1 + 2^n)3 = 3 + 2^n \cdot 3 = 1 + 2 + 2^n \cdot 3 = 1 + 2 + (1+2)2^n = 1 + 2 + 2^{n+1} + 2 > 1 + 2^{n+1}$$
|
snob.ru
Staunton, December 17 – Every political joke is a small revolution, Soviet dissidents often said, and consequently, the anecdotes Russians tell one another about the situations they find themselves in may provide a better indication of where they are at and what they expect than any poll.
Today, Yevgeny Babushkin posts six such anecdotes about the collapse of the ruble, the collapse of oil prices, and Russia’s economic problems on Snob.ru to illustrate the ways in which Russians are thinking about what is happening to them and their country.
The first goes as follows: When there are 30 rubles to the dollar, Russians say “Crimea is Ours.” When the exchange rate falls to 40, they say we will build a “super-bridge” to the peninsula. When it is at 50, they say it will simply be a bridge. At 60, a ferry. At 90, they say that Crimea is yours. And at 100, they propose giving Ukraine the Kuban as a gift as well.
The second is shorter: One Russian asks: What would you exchange if you could go back into the past? And another answers: rubles.
According to a third, a Russian notes that some people say to “keep your money in rubles,” but he has hidden his money in a “bunch of rubles” because “no one will think to look there for sure.”
The fourth has it that when a barrel of oil meets a dollar, the barrel says: “You look great, just like 100!”
In the fifth, a Russian is asked “what is the real relationship between the pound, the ruble and the dollar? And he gets the answer: “a pound of rubles is worth a dollar.”
And according to the sixth, one Russian saved his rubles all his life but then threw himself out the window, only to discover that he still fell more slowly than the value of the ruble.
As will be obvious to anyone familiar with Soviet or Russian humor, most if not all of these are recycled from earlier times. But that is not the point: the point is that Russians are beginning to tell such stories sufficiently often that it is attracting the attention of the Moscow media.
And as any number of observers in any number of countries have pointed out, a political leader or even a political system can tolerate many things, but it faces its most serious challenge not when people criticize it, an indication that they take it seriously, but when they begin to laugh at it, an indication that they no longer do. |
Palm olein oil produces less lipid peroxidation products than soya bean oil.
The soleus muscles of hyperthyroid rats were used to investigate the effect of palm olein oil and soya bean oil on the production of lipid peroxidation products. It was found that palm olein oil but not soya bean oil significantly decreased malonaldehyde and conjugated diene levels of the soleus muscles of hyperthyroid rats. These findings suggest that palm olein per se produces less lipid peroxidation products than soya bean oil. Such an assay method gives a composite net picture of the propensity of an oil to produce lipid peroxidation products. |
The Friendship Cube Group: Space Colony Docking Procedure. BOINC.BERKELEY.EDU || Berkeley Open Infrastructure for Network Computing. DNA Editing of Human Embryos. Use of FriendshipCube Code for Human Evolution. Differentiation of Embryonic Stem Cells. Human Fertilization and Embryology. Differentiating Embryonic Stem Cells into Gametes, Crossing the Gametes into New Embryos, Multiple Generations of Evolution in Vitro, Evolution of Human Species for Space Travel, CRISPR & Quantum Array Technology, The Inter-interstellar Visual Binary Code-Seed, & Our Responsible Occupation of Space. Embryonic Stem Cells Response to Quantum Array Transponders, Stem Cells Differentiating into Neurons, Human Mesenchymal Stem Cell Differentiating into Neuron, Gene Editing & Iterated Embryo Selection, 12 Day Human Embryos, Quantum Array Transponders, Superconductive Quantum Devices, The Iridium 77 Quantum Array Transponder: Monitoring the Light flowing between Brain Cells. Plasma State Quantum Array Transponders. 22Bit Visual Binary Code Signals in Deep Space, The Core Engine Neural Network. Tracking, Telemetry, and Command Neurons. Iterated Embryo Selection. (Image) Human Fetus in Womb.
Addeddate 2020-02-22 20:45:47 Identifier evolutionforthespacecolony Scanner Internet Archive HTML5 Uploader 1.6.4 |
(CNN) It's no secret that Turkish President Recep Tayyip Erdogan sees his country as the pre-eminent Muslim power in the Middle East. He regards his vision of political Islam as competing with that of Saudi Arabia and the United Arab Emirates. He frequently accuses the United States of trying to belittle his country, and ruminates about a "greater Turkey."
But does Erdogan believe that Turkey has the right or need to acquire nuclear weapons to cement its status?
Last month the Turkish leader suggested as much, saying that "some countries have missiles with nuclear warheads, not one or two. But we can't have them. This, I cannot accept." He went on to single out Israel, saying: "We have Israel nearby, almost as neighbors. They scare others by possessing these. No one can touch them."
It was the first time Erdogan, who was speaking at a provincial rally of his governing AKP party, had raised the subject. It may have been the Turkish leader riling up his nationalist base. It may also have been a warning that, should Iran and Saudi Arabia move toward becoming nuclear-armed states, Turkey would not stand idly by.
Last year, Saudi Arabia's Crown Prince Mohammed bin Salman told CBS News that the Kingdom "does not want to acquire any nuclear bomb, but without a doubt if Iran developed a nuclear bomb, we will follow suit as soon as possible."
And, in part, the Turkish leader's remarks may have simply been his trademark blunt -- and sometimes incendiary -- rhetoric. Erdogan has compared both modern Germany and Israel with the Nazis, and has threatened to unleash hundreds of thousands of Syrian refugee s on Europe.
But it's a long leap from a couple of lines at a party meeting to a program to develop nuclear weapons. Turkey is developing (with Russian help) a nuclear power program, but it is a signatory to the Nuclear Non-Proliferation Treaty , and there is a whole world of difference between energy and weapons.
Ziya Meral, senior associate fellow at the Royal United Services Institute (RUSI) in London, says that, at the moment, "there is no tangible sign that Turkey is set to pursue nuclear weapons, nor that we are witnessing a substantial shift in Turkey's decades-long policy of not pursuing them."
"In practical terms, it would take a decade with substantial financial commitment and against substantial global pressure, both of which would make [nuclear weapons] truly costly and damaging," Meral told CNN.
Meral says this appeals to religious and conservative circles as well as an influential strand of opinion that welcomes Erdogan taking a stand against what are perceived as the double standards of the West.
Under Erdogan, Turkey is no longer the obedient NATO ally guarding the alliance's southern flank against Russian expansionism. Partly in response to Europe's less than wholehearted embrace, Erdogan has imagined a new place for Turkey, one where it will pick and choose its allies and project power thousands of miles from its coast.
This expansionist role includes a garrison of troops in Qatar, a growing naval role in the Red Sea, support for Libya's government against the Saudi/UAE-backed forces of Khalifa Haftar and Turkey's largest overseas military base in Somalia.
The sea-change in Erdogan's policy came in the wake of the Arab Spring, when he visited Cairo, Tunis and Tripoli to tout the virtues of the "Turkish model" to societies very much in flux, or even chaos: a Muslim society in a secular, free-market state.
That didn't work out so well -- but the civil war that erupted in Syria only deepened Erdogan's determination to project Turkish influence.
US President Donald Trump's former national security adviser, General H.R. McMaster, regards this as profound, describing it as the greatest geopolitical shift in the post-Cold War era. He told an audience last month that under President Erdogan, Turkey "wants to see itself as shifting away from Europe and being more in the Middle East and more Eastern leaning so that it can play situations to its own advantage."
It's a view echoed by commentator Aaron Stein, who wrote in foreign policy website War on the Rocks that Erdogan: "Seemed to be using nuclear weapons as a straw man to make a broader argument about Ankara's place in the world, and how the American and Western systems with which Turkey had long associated itself are unfair and require change."
"He was expounding on a more personal, deeply held grievance about Turkey's global role," Stein says.
Erdogan has already taken this tack when complaining about western "financiers" undermining the Turkish economy. Last year, as the Turkish lira crumbled on international markets, he said those who plotted against Turkey in a failed coup attempt were instead trying to target the country through its economy.
And during his spat with the Trump administration over the detention of American pastor Andrew Brunson, Erdogan declared: "This is not some random country. This is Turkey."
Erdogan is, first and last, a Turkish nationalist; no sleight -- perceived or otherwise -- will go unanswered.
Now in power for nearly 17 years, President Erdogan is Turkish policy. Power has been concentrated in a small circle around him; Ankara's foreign policy is driven by his instincts. They may change depending on tactical advantage (the fall-out and subsequent make-up with Moscow, for example, and the exploitation of Jamal Khashoggi's murder to seek to humiliate the Saudis).
But fundamentally, Erdogan sees the world in terms of competing powers -- the US, China, Russia -- that Turkey must deal with to its own advantage. Inevitably, this means a decoupling from Washington.
Richard Haass, the president of the Council on Foreign Relations, said on Twitter earlier this month that the US was "long overdue to give up fiction" that Erdogan's Turkey was an ally.
"US should withdraw all nuclear weapons, reduce reliance on Turkey's bases, and restrict intelligence sharing and arms sales. Should also articulate red lines in Syria," Haass tweeted.
Arguably more important than a provocative line about nuclear weapons in a speech to the party faithful was the sight of Presidents Erdogan and Putin in August as they enjoyed an ice cream while admiring Russia's new Su-57 combat jet.
In a dig over the US threat to withhold F-35 sales to Ankara, Erdogan turned to Putin and was heard asking: "So now, we are going to buy this one?"
As Stein concludes: "Ankara is not leaving NATO, nor will it turn East. Instead, the current leadership rejects the current rules of the road and wants to change them. That may actually be worse for Washington." |
Synthesis of 5-epi-taiwaniaquinone G.
A concise synthetic approach to the unnatural 5-epi-taiwaniaquinone G has been developed via a Lewis acid catalyzed tandem acylation-Nazarov cyclization reaction to construct the tricyclic skeleton, followed by installation of the isopropyl group through a strategy involving coumarin formation and its subsequent hydrolysis. |
California’s best weapon if war does come might be one beloved by Trump: the lawsuit. The man who would likely do the suing is a relatively unknown Los Angeles congressman: Xavier Becerra. He was not among those who won an election on November 8, but with Harris leaving for the Senate, the state attorney general’s seat was open. Brown chose Becerra, effectively making him the top law enforcement officer in the nation’s largest state.
Becerra, who is of Mexican heritage, wasted no time in letting his constituents know where he stood on the results of the presidential election. “If you want to take on a forward-leading state that is prepared to defend its rights and interests, then come at us,” Becerra said. “I believe with this nomination I have a chance to let California know I got their back.” That kind of confrontational rhetoric quickly led to suggestions that Becerra would become the national leader of the movement against Trump, with The Nation calling him “the most important appointment since the election.”
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Conventional communication methods and systems suffer severe performance degradation in the presence of nonlinear distortion. The nonlinear distortion that may be originated by analog and RF components may cause sensitivity loss at the receiver as well as spectral regrowth that may exceed spectral mask limitations and interfere with adjacent channels. Further limitations and disadvantages of conventional and traditional approaches will become apparent to one of skill in the art, through comparison of such systems with some aspects of the present invention as set forth in the remainder of the present application with reference to the drawings. |
package core
import "github.com/MagicalTux/goro/core/phpv"
//> func mixed include (string filename)
func fncInclude(ctx phpv.Context, args []*phpv.ZVal) (*phpv.ZVal, error) {
ctx = ctx.Parent(1)
var fn phpv.ZString
_, err := Expand(ctx, args, &fn)
if err != nil {
return nil, err
}
return ctx.Global().Include(ctx, fn)
}
//> func mixed require (string filename)
func fncRequire(ctx phpv.Context, args []*phpv.ZVal) (*phpv.ZVal, error) {
ctx = ctx.Parent(1)
var fn phpv.ZString
_, err := Expand(ctx, args, &fn)
if err != nil {
return nil, err
}
return ctx.Global().Require(ctx, fn)
}
//> func mixed include_once (string filename)
func fncIncludeOnce(ctx phpv.Context, args []*phpv.ZVal) (*phpv.ZVal, error) {
ctx = ctx.Parent(1)
var fn phpv.ZString
_, err := Expand(ctx, args, &fn)
if err != nil {
return nil, err
}
return ctx.Global().IncludeOnce(ctx, fn)
}
//> func mixed require_once (string filename)
func fncRequireOnce(ctx phpv.Context, args []*phpv.ZVal) (*phpv.ZVal, error) {
ctx = ctx.Parent(1)
var fn phpv.ZString
_, err := Expand(ctx, args, &fn)
if err != nil {
return nil, err
}
return ctx.Global().RequireOnce(ctx, fn)
}
|
Tag Archives: arcade
This post is kind of an exception since I normally write about new releases before they release, but this one is already out. More about that in the bottom of this post.
On January 27, 2017 bootleg! Records released the soundtrack to the 1995 arcade shooter Viper Phase 1 on vinyl. The following day this was celebrated with a signing session with the composer, Go Sato. However, it was only released in bootleg! Records’ store (bootleg! Store) in Tokyo, Japan.
The release is a single 12″ black vinyl LP house in a standard jacket with game art on the front cover. The back cover features the tracklist and credits. And to top it off only 100 copies have been pressed.
And just to clear any confusion – despite the label name bootleg! records, this release have been done in collaboration with the game’s composer, Go Sato, and the game’s studio, Seibu-Kahatsu.
How do you get a copy, then? Well, they recently opened an online store for their own merch (they are publishing books as well). They only ship to Japan at the moment, but have said on Twitter that they are working on a store for shipping overseas. |
Q:
Coloring Pencils (no prismacolor, only Crayola)
I don't personally own any Prismacolor pencils, so, besides those, which coloring pencil is best to use when doing a project?
I have Crayola pencils (twistable and regular) and I don't know how to aproach this piece.
It's a post apocalyptic drawing of a guy in a gas mask
A:
Personally I prefer Tombow (Irojiten) and Faber Castell (Polychromos) pencils. Both have a great texture on any surface and the colors are really nice. They don't break easily which is a huge plus for me.
Especially if working with different tones I like to combine these two brands as they go really well together.
In the end which brand you use depends a lot on your personal preferences and experiences. I guess you can get similar results with a lot of brands (cheaper or more expensive ones). You should go with whatever you can get your hands on and practice with those. If you find that the pencils you are using are missing some "feature" or quality that you need, then go ahead and try to find pencils which cover that gap. ;-)
The crayola ones are really good pencils, too. I do also own some and especially like to take them with me when doing quick outdoor sketches.
Have fun and good luck on your project!
|
(1)Field of the Invention
The present invention generally relates to spaceborne remote sensing of images, in particular for observing the earth. The invention relates more particularly to a method and a system for three-dimensional location of a target land area by merging images captured by two sensors having different radiometric properties, such as a radar sensor and an optical sensor, embedded on separate satellites.
Two different sensors produce different images of the same land scene being observed. If the images are processed separately, it is generally not possible to locate the pixels in the images accurately. It is necessary to resort to additional information in the form of a digital elevation model DEM, which is interpolated to find the location of each small target area for each image, using the technical features of each sensor.
Processing these images together after corrections of various distortions automatically results in the matching of homologous points in the two images, which are used to estimate an analytical deformation model based on a calculation of the degree of similarity and at least one interpolation for each pair of homologous points.
(2)Description of Related Art
In the article by Jordi Inglada and Alain Giros, “On the Possibility of Automatic Multisensor Image Registration”, IEEE TRANSACTIONS ON GEOSCIENCE AND REMOTE SENSING, vol. 42, no. 10, pages 2104-2120, October 2004, chapter VII presents the estimation of a topography using an optical sensor and a radar sensor on the platforms of two different satellites pointed at a target point. The height h of the target point on the earth, which is considered to be flat, is given by the following formula:h=Δx(tan α1)/((tan α1 tan α2)+1)),wherein α1 and α2 denote the angles of incidence of the target point viewed by the sensors in relation to the earth, and Δx denotes the offset between images of the target point provided by the sensors. The offset Δx is equal to the sum of the distance between the projection of the target point on the earth and the point of intersection of the line of sight of the optical sensor with the earth and the distance between the projection of the target point on the earth and the projection of the target point on the earth perpendicular to the line of sight of the radar sensor, assuming a planar wave front emitted by the radar sensor.
Such an estimation is not accurate enough to locate each small target area in the images three-dimensionally in order to record a three-dimensional topography of the scene. The radar sensor implicitly measures the distance between the phase center of the antenna and the target area. For this reason, the angle of incidence associated with the radar sensor cannot be measured accurately.
If the optical sensor and the radar sensor are embedded on the platform of a single satellite, that is to say α1=α2=α, the previous formula is written as follows:h=Δx(tan α)/((tan α)2+1)), that is to say h=Δx(sin 2α)/2.In practice, the sensors will not be mounted so as to have an identical angle of incidence. There will always be a bias in the location calculation.
Each of these formulae means that the height h of the target point to be measured is proportional to the offset measured between the images of the target point and independent of the elevations of the sensors.
This trigonometric approach to merging data from an optical sensor and a radar sensor is also too simplistic. In order to have a three-dimensional position, other transformations linked to the positions and orientations of the sensors must be taken into account.
The object of the invention is to locate a target land area three-dimensionally with a greater precision by merging acquired data from an optical sensor and a radar sensor, as a function of the positions of the satellites carrying the sensors.
To achieve this object, a method for three-dimensional location of a target land area by means of an optical sensor and a radar sensor embedded respectively on satellites, comprising measuring the positions of the satellites when the sensors point at land areas, is characterized in that it comprises measuring a sight direction of the optical sensor and capturing an image of a land area for each of the measured positions of the optical sensor, measuring the distance between a land area and the radar sensor and capturing an image of the land area for each of the measured positions of the radar sensor, comparing the images captured by the optical sensor and the images captured by the radar sensor, matching the images of land areas captured by the optical and radar sensors and covering common land areas, and determining the distance between the target land area selected from the common land areas and the optical sensor as a function of the positions of the sensors, the distance between the target land area and the radar sensor, and the sight direction of the optical sensor, which are associated with the images captured by the optical and radar sensors covering the target land area.
The distance between the target land area and the optical sensor is thus determined as a function of simple data measured accurately, in particular on board co-located satellites, by an approach involving the merging of two equations relating to the sensors, without making approximations regarding the position of the satellites, allowing the position of the target land area viewed by the sensors to be provided with great accuracy. |
Q:
Como fazer loops no R
Estou trabalhando com dados climáticos e preciso fazer uma análise de limites para cada elemento do meu banco de dados. Preciso fazer loops porque o meu banco de dados é muito grande, mas eu não sei por onde começar.
Uma parte do meu arquivo é esse:
dia hora data tem_1min
1 1.0000 01/01/2012 20.463
1 1.0417 01/01/2012 20.071
1 1.0833 01/01/2012 19.462
1 1.1250 01/01/2012 19.4
1 1.1667 01/01/2012 18.528
1 1.2083 01/01/2012 18.428
1 1.2500 01/01/2012 18.411
1 1.2917 01/01/2012 19.087
1 1.3333 01/01/2012 20.063
1 1.3750 01/01/2012 21.393
1 1.4167 01/01/2012 23.722
1 1.4583 01/01/2012 23.809
1 1.5000 01/01/2012 24.49
1 1.5417 01/01/2012 22.677
1 1.5833 01/01/2012 22.905
1 1.6250 01/01/2012 24.373
1 1.6667 01/01/2012 25.07
1 1.7083 01/01/2012 23.197
1 1.7500 01/01/2012 22.631
1 1.7917 01/01/2012 21.32
1 1.8333 01/01/2012 20.503
1 1.8750 01/01/2012 19.583
1 1.9167 01/01/2012 19.911
1 1.9583 01/01/2012 19.876
Preciso fazer as seguintes analises:
1) Análise de tolerância- se o meu elemento (tem- temperatura) está variando entre 2 a 3 °C de uma hora para outra. Se essa estiver dentro desse limite, preciso atribuir uma nota, no qual 0 significa que está dentro do limite, 1 para variação fora desse limite e 3 para não possui dados (tenho algumas linhas sem dados). Essas notas pode ser substituindo os valores nessa mesma coluna ou criando uma nova.
A:
Não há motivo nenhum para usar ciclos for ou outros. O R é uma linguagem de programação vetorizada, o que significa que pode processar vetores inteiros de uma só vez. Aqui vai.
Primeiro vou transformar o vetor coluna data num objeto de classe Date. Não vai ser utilizada mas creio que é um passo que pode ser útil noutras situações e portanto não faz mal fazê-lo já.
dados$data <- as.Date(dados$data, "%d/%m/%Y")
Depois, criar a coluna com as notas 0, 1 ou 3.
dif <- c(0, diff(dados$tem_1min))
dados$nota <- as.integer(abs(dif) < 2 | abs(dif) > 3)
dados$nota[is.na(dados$nota)] <- 3L
head(dados, 10)
# dia hora data tem_1min nota
#1 1 1.0000 2012-01-01 20.463 1
#2 1 1.0417 2012-01-01 20.071 1
#3 1 1.0833 2012-01-01 19.462 1
#4 1 1.1250 2012-01-01 19.400 1
#5 1 1.1667 2012-01-01 18.528 1
#6 1 1.2083 2012-01-01 18.428 1
#7 1 1.2500 2012-01-01 18.411 1
#8 1 1.2917 2012-01-01 19.087 1
#9 1 1.3333 2012-01-01 20.063 1
#10 1 1.3750 2012-01-01 21.393 1
Edição.
Em comentário foi agora pedido o seguinte.
Em cada linha, atribuir o valor 5 quando tem_1min estiver entre 0 e 40, 6 se estiver fora deste intervalo e 7 se não houver dados.
inx <- 0 <= dados$tem_1min & dados$tem_1min <= 40
dados$nota2 <- 7L
dados$nota2[inx] <- 5L
dados$nota2[!inx] <- 6L
|
556 F.2d 257
45 A.L.R.Fed. 715
UNITED STATES of America, Plaintiff-Appellee,v.Michael A. KELLY, Defendant-Appellant.
No. 76-2782.
United States Court of Appeals,Fifth Circuit.
July 20, 1977.Rehearing Denied Aug. 22, 1977.
James T. Allen, El Paso, Tex. (Court-appointed), for defendant-appellant.
John E. Clark, U. S. Atty., Leroy M. Jahn, Ronald P. Guyer, John M. Pinckney, III, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.
Appeal from the United States District Court for the Western District of Texas.
Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.*
LEWIS R. MORGAN, Circuit Judge:
1
Michael Anthony Kelly, a former Customs Patrol Officer, appeals his conviction on a two count federal indictment that grew out of his part in the warrantless break-in and attempted "bugging" of a suspected drug smuggler's home. We affirm.
2
I. FACTS AND PROCEEDINGS BELOW.
3
One night in early January of 1975, three Customs Patrol Officers of the United States Customs Service, Kelly, Wade, and Hough, and an informant, Kirkendall, set out to break into the El Paso, Texas home of a suspected drug smuggler. Their object was to hide a small radio transmitter there. Their purpose, they said later, was to obtain advance information about this person's movements. They made no attempt to obtain a warrant, as required by the Fourth Amendment, or the approval of the Attorney General of the United States, as required by 18 U.S.C. § 2516(1). Kelly, an electronics expert, had constructed the transmitter from a sensor device of a kind ordinarily planted near the United States-Mexico border to monitor unauthorized border crossings.
4
The four men drove to the street where the subject's home was located. Wade went to the house and knocked on the door to make sure no one was inside. When he returned, Kirkendall went to the house, broke in, and looked for somewhere to hide the transmitter. Kelly, Wade, and Hough remained outside, keeping a lookout for the home's occupant and for El Paso police. After a time Kirkendall returned, having failed to find a suitable place to hide the transmitter. He brought with him a radio monitor and some papers that he had taken from the house. The four men left.
5
In May of 1975 another informant, identified in the proceedings below by the pseudonym "Mr. Smith," made allegations to Internal Affairs agents of the Customs Service concerning a number of instances of wrongdoing by Customs Patrol Officers. Internal Affairs began an investigation which brought to light the break-in described above, among other things. Kelly was questioned by Internal Affairs agents in the office of the district director of the Customs Patrol in El Paso on June 10, 1975; by Internal Affairs agents, Drug Enforcement Administration personnel, and Assistant United States Attorney Ederer in Ederer's office in the El Paso federal courthouse on June 11, 1975; and by Internal Affairs agents Kyle and Reimann at a motel in El Paso on August 24, 1975. On all three occasions Kelly was given his Miranda rights, waived them, and discussed his involvement in the break-in. These statements were recorded and later transcribed. Kelly also appeared before a federal grand jury in El Paso on August 14, 1975.
6
On March 10, 1976 the federal grand jury in El Paso returned a two count indictment against Kelly, Wade, and Kirkendall, charging that they had willfully endeavored to use an electronic device to intercept and transmit oral communications in violation of 18 U.S.C. § 2511(1)(b)1 and that they had conspired to do so in violation of 18 U.S.C. § 371.2 Hough was named as an unindicted co-conspirator.3
7
Kelly filed pretrial motions requesting that Judge Sessions recuse himself from presiding over the case, that Kelly's August 24, 1975 statement to Kyle and Reimann be suppressed, and that the indictment be dismissed on the ground of selective prosecution. All three motions were denied, the latter two after an evidentiary hearing.
8
Before the case went to trial, Kirkendall pleaded guilty to a reduced charge of willfully under color of law depriving an inhabitant of a state of rights secured by the Constitution in violation of 18 U.S.C. § 242. He was sentenced to one year of probation. Kelly and Wade went to trial on June 7, 1976. During the course of trial, the case against Wade was dismissed because it was based on a statement by him taken under an implied grant of use immunity. The case against Kelly continued.
9
The government read portions of Kelly's June 10, June 11, and August 24 statements to the jury during its case in chief. At the close of the government's evidence, the district court denied Kelly's motion to direct a verdict of acquittal. Kelly then testified on his own behalf and presented other evidence. He did not renew his motion for acquittal at the close of all the evidence.
10
The thrust of Kelly's defense was that he thought his actions were lawful because he thought his Customs Service superiors had approved those actions. Neither Kelly, nor Hough, nor Wade, nor Kirkendall testified that any supervisor ever had given them express prior approval to carry out the operation. As we shall detail at greater length later, Kelly and Wade testified that they nonetheless had thought their superiors knew about the operation before it took place. This testimony was impeached by prior inconsistent statements of both men. Hough and Kirkendall testified that their superiors had not known about the operation in advance.
11
The jury was instructed that specific intent was an element of the offenses charged and that, "evidence that the accused acted or failed to act because of ignorance of the law is to be considered by the jury in determining whether or not the accused, Mr. Kelly, acted or failed to act with the specific intent as charged." The jury found Kelly guilty on both counts of the indictment. The district court sentenced Kelly to the custody of the Attorney General for two consecutive two year terms, suspended the sentence, and placed Kelly on five years' unsupervised probation on each count.
12
Kelly appeals, assigning four grounds of error. First, he argues that the district court erred in denying his motion to suppress his August 24, 1975 statement because that statement was not shown to have been made voluntarily. Second, he argues that Judge Sessions erred in declining to recuse himself because the judge was the United States Attorney for the district in which the indictment was brought at the time the allegedly unlawful acts were committed. Third, he argues that the district court erred in denying his motion to dismiss the indictment on the ground of selective prosecution and in unduly limiting the scope of evidence that he was allowed to present in support of this ground. Finally, he argues that the district court erred in refusing to direct a verdict of acquittal, based on his supposed good-faith belief that his acts were not unlawful and that his Customs Service superiors had approved the break-in and attempted bugging. For the reasons that follow, we find all four grounds to be without merit.
13
II. MOTION TO SUPPRESS THE AUGUST 24, 1975 STATEMENT.
14
Kelly moved to suppress the statement that he made to Customs Service Special Agents Kyle and Reimann on August 24, 1975 on the ground that the statement was not made voluntarily. The district court held the required evidentiary hearing, Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964), and denied the motion. Our review of this ruling is limited to determining whether the district court's finding that the statement was made voluntarily was clearly erroneous. United States v. Vasquez, 534 F.2d 1142, 1146 (5th Cir.), cert. denied, 429 U.S. 979, 97 S.Ct. 489, 50 L.Ed.2d 587 (1976). We hold the finding was not clearly erroneous.
15
Kelly quit his job with the Customs Service in June of 1975, shortly after the case began to surface, and went to New York. In August of that year, Special Agent Maloof of the Office of Internal Affairs of the Customs Service, who was supervising the investigation, telephoned Kelly in New York and asked whether Kelly would return to El Paso to give a statement to other Internal Affairs agents. At the suppression hearing, Kelly testified that Maloof had told him not to bother to make the trip if he intended to invoke his Fifth Amendment privilege. Record Vol. 3 at 358-59.
16
Kelly flew to El Paso on the evening of August 24. Agents Kyle and Reimann met him at the airport and drove him to a motel where a room had been reserved for him. Kelly got to the motel between 9 and 10 p. m. and spoke briefly with Maloof. From this point on, Maloof's, Kyle's, and Reimann's accounts differ from Kelly's.
17
Maloof testified that when Kelly arrived at the motel, he asked Kelly how he felt and whether he was tired from the trip. Maloof stated that Kelly said he was not tired, that he would prefer to give the interview that night, and that he had a toothache. When Maloof suggested that they postpone the interview until the next day, he said, Kelly repeated that he wanted to do it that night. Record Vol. 3 at 202. Reimann also testified that Kelly volunteered to give the interview that night rather than the next day. Id. at 344-45.
18
Maloof testified that Kelly did not appear to be intoxicated and that his speech was not slurred, his eyes were not bloodshot, and his walking was stable. Record Vol. 3 at 204. Kyle also testified that Kelly's physical condition appeared to be normal. Id. at 98-99.
19
After Kelly registered at the motel, he, Kyle, and Reimann went to the agents' room for the interview. Kyle started a tape recorder and read Kelly his Miranda rights, and Kelly said that he understood and would waive those rights. Record Vol. 3 at 96-98, 361, 364-65; Defendant's Exhibit 2-Ke at 2. The interview, which covered a number of topics in addition to the break-in, lasted about four hours. During that time Kelly went to his own room once to get medication for his toothache. Reimann testified that the agents brought Kelly two soft drinks during the interview and that neither Kelly nor the agents consumed any alcoholic beverages during it. Id. at 346-47. At the end of the interview, Kelly swore that the information he had provided was the truth, Defendant's Exhibit 2-Ke, although he later refused to sign a transcript of the statement.
20
Kelly's recollection of that evening differed from the agents'. He said that when he arrived in El Paso, he told the agents he was extremely tired and had a bad toothache. He said he indicated that he would prefer to postpone the interview until the next morning. He also said he had been drinking so much on the airplane that he thought it would have been obvious to the agents. Kelly testified that it was the agents, and not he, who insisted on proceeding with the interview that night rather than the next morning. He also claimed that the agents had given him two beers during the interview and that Kyle also had had one. Record Vol. 3 at 353-55, 363-64.
21
In addition to his testimony that he had felt pressured into giving his statement that night rather than the next day, Kelly testified that he had been pressured and lulled in other ways before that night. He stated that Maloof had said he would try to get Kelly reinstated in the Customs Service if he gave the statement, Record Vol. 3 at 352, 362, although Maloof did not corroborate that claim. He also said that at the end of his June 11 interview in Assistant United States Attorney Ederer's office, Ederer had said he saw nothing for Kelly to be concerned about, id. at 350-51, and that he thus had been lulled into a false belief before the August 24 interview that he would not be prosecuted for the break-in, id. at 357. Of two other persons who had been present during the interview in Ederer's office, only one thought he remembered Ederer making such a statement, and he thought it was in reference to a matter other than the break-in. Id. at 166-67, 335-36. Kelly also complains that Maloof led some supervisors involved in the investigation to believe that no one had anything to worry about, id. at 209, 218-20, although Kelly was not present on those occasions, id. at 208, 226, and no one was shown to have communicated Maloof's alleged statements to him, id. at 229-30. Maloof testified that he did not try to lead Kelly to believe that the investigation was anything but serious. Id. at 203.
22
On this evidence, the district court did not commit clear error in finding that Kelly's August 24 statement was made voluntarily. The district court was entitled to believe the three agents' version of what happened that night over Kelly's. It also was not required to believe Kelly's uncorroborated story that Maloof told him he would help him regain his job if he talked about the break-in. And finally, the court could have found that Kelly's claim that he thought there was no possibility of criminal prosecution when he made the statement was not credible in light of the facts that Maloof told him before he left New York that he was entitled to assert his Fifth Amendment privilege; that Kelly had been called before the grand jury just ten days earlier; and that the agents gave Kelly full Miranda warnings just before the interview. We hold the district court did not err in refusing to suppress the August 24 statement.
23
III. MOTION TO RECUSE.
24
28 U.S.C. § 455(b)(3) requires a judge to disqualify himself
25
(w)here he has served in governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy; . . .
26
Judge Sessions was the United States Attorney for the Western District of Texas during at least part of December, 1974, and he became a United States District Judge for that district on December 24, 1974.
27
The indictment in this case charged that the unlawful acts took place, "sometime during the months of December, 1974, and January, 1975." Record Vol. 1 at 1-2. Kelly argues that Judge Sessions, by virtue of his position as United States Attorney, thus was "of counsel" for the government, see, e. g., 28 U.S.C. § 547; Barry v. United States, 528 F.2d 1094, 1099 n.14 (7th Cir.), cert. denied, 429 U.S. 826, 97 S.Ct. 81, 50 L.Ed.2d 88 (1976); Roberson v. United States, 249 F.2d 737, 741 (5th Cir. 1957), cert. denied, 356 U.S. 919, 78 S.Ct. 704, 2 L.Ed.2d 715 (1958), during part of the time in which the underlying unlawful acts were alleged to have taken place. From this, he would have us conclude that § 455 required the judge to recuse himself.4
28
The government, while conceding that a United States Attorney is "of counsel" for the government during his tenure in office, argues that a judge is disqualified under § 455 only if he was United States Attorney when the prosecution was initiated, and that he is not disqualified merely by virtue of the fact that he was United States Attorney when the offense was committed. It points out that the undisputed facts show that the United States Attorney did not even begin his investigation of the break-in until June or July of 1975, about six months after Judge Sessions left the United States Attorney's office,5 and concludes that the judge was not disqualified.
29
The government marshals strong support for the position that it is the date that the prosecution was initiated, and not the date of the underlying offense, that is of critical importance in deciding whether a former United States Attorney is disqualified from presiding over a criminal case. E. g., Barry v. United States, supra, 528 F.2d at 1098-99; In re Grand Jury Investigation, 486 F.2d 1013, 1015-16 (3d Cir. 1973), cert. denied sub nom. Testa v. United States, 417 U.S. 919, 94 S.Ct. 2625, 41 L.Ed.2d 224 (1974); United States v. Wilson, 426 F.2d 268, 269 (6th Cir. 1970); Adams v. United States, 302 F.2d 307, 310 (5th Cir. 1962). Kelly has called no contrary authority to our attention.
30
All the cases cited above, however, were decided under the predecessor statute to current § 455, which required a judge to "disqualify himself in any case in which he . . . has been of counsel . . ." The results in those cases depended at least in part on a judgment concerning when a "case" began. See, e. g., Barry v. United States, supra 528 F.2d at 1098. Neither party before us addresses itself to the issue whether the 1974 amendment of § 455 was meant to change those results. We, however, have found no reason to believe that it was, at least in any way material to this case.
31
§ 455(b)(3) requires disqualification where the judge has "participated as counsel, adviser or material witness concerning the proceeding . . ." § 455(d)(1) states that for purposes of § 455, " 'proceeding' includes pretrial, trial, appellate review, or other stages of litigation." It can be argued that this definition of "proceeding" represents the equivalent of a "case" under the old § 455, and that a former United States Attorney need not recuse himself unless he still was in that position after the "proceeding" began. That is, "proceeding," like "case" in the old § 455, would be read as referring to a stage in actual litigation.
32
An alternative, more narrow reading would emphasize the word "participated," and hold that a former United States Attorney would not be disqualified unless he had taken some actual part in the proceeding. Another, broader alternative reading would emphasize the word "concerning," and hold that a former United States Attorney would be disqualified if he had participated in an investigation during his tenure in office that led to the institution of proceedings only after he left office.
33
We are not required to choose among these possible readings in this case, however, for it is plain that under any of them, Judge Sessions was not disqualified. It suffices to dispose of this case to state that we see no way to read § 455(b)(3) to support a holding that a former United States Attorney would be disqualified merely because he was in office when the offense was committed, even though it was not discovered, investigated, or prosecuted until after he left office. We hold that Judge Sessions did not err in denying the motion to recuse.
34
IV. SELECTIVE PROSECUTION.
35
Kelly and the other defendants filed a pretrial motion to dismiss the indictment on the ground that they had been selected for prosecution on an invidiously discriminatory basis, in violation of the equal protection component of the due process clause of the Fifth Amendment. Their claim was that the Justice Department, through the United States Attorney, had decided to prosecute criminal offenses committed by Customs Service personnel while ignoring offenses committed by Drug Enforcement Administration personnel. The Customs Service is a branch of the Treasury Department, while DEA is a branch of the Justice Department. In 1973 much authority for investigating drug smuggling was transferred by Executive Order from the Customs Service to DEA. It appears that friction and a lack of cooperation between Customs and DEA resulted from this change, as did some concern in Congress. It was Kelly's theory that the Justice Department decided to prosecute Customs Service personnel, who were part of Treasury, and to protect DEA personnel, who were part of Justice, in order to give Justice an edge in the ongoing bureaucratic squabble.6
36
The district court gave Kelly an opportunity to present evidence in support of his allegations. The court was adamant, however, that Kelly would not be permitted to subpoena the United States Attorney or the Assistant United States Attorney who were handling the prosecution unless and until Kelly made what was characterized as a "prima facie" case of invidiously discriminatory prosecution. The court also was reluctant to allow evidence of acts committed outside the Western District of Texas, although some such evidence did come in. After this evidentiary hearing, at which Kelly called but a single witness, the district court denied the motion to dismiss. Kelly assigns as error both the denial of the motion and the limitation on the scope of evidence.
37
In recent years there has been an explosion in the number of cases in which claims of invidiously selective prosecution have been made, and a number of courts have held or stated that in certain circumstances it may be necessary to dismiss a prosecution before trial because its very bringing violates the due process clause of the Fifth Amendment. E. g., United States v. Ojala, 544 F.2d 940, 943 (8th Cir. 1976); United States v. Leggett & Platt, Inc., 542 F.2d 655, 658 (6th Cir. 1976), cert. denied, --- U.S. ----, 97 S.Ct. 1579, 51 L.Ed.2d 792 (1977); United States v. Bourque, 541 F.2d 290, 292-93 (1st Cir. 1976); United States v. Bennett, 539 F.2d 45, 54 (10th Cir.), cert. denied, 429 U.S. 925, 50 L.Ed.2d 293 (1976); United States v. Crow Dog, 532 F.2d 1182, 1196 (8th Cir. 1976), cert. denied, --- U.S. ----, 97 S.Ct. 1547, 51 L.Ed.2d 772 (1977); United States v. Oaks, 527 F.2d 937, 940 (9th Cir. 1975), cert. denied, 426 U.S. 952, 96 S.Ct. 3177, 49 L.Ed.2d 1191 (1976); United States v. Peskin, 527 F.2d 71, 86 (7th Cir. 1975), cert. denied, 429 U.S. 818, 97 S.Ct. 63, 50 L.Ed.2d 79 (1976); United States v. Scherer, 523 F.2d 371, 377 (7th Cir. 1975), cert. denied, 424 U.S. 911, 96 S.Ct. 1108, 47 L.Ed.2d 315 (1976); United States v. Scott, 521 F.2d 1188, 1195 (9th Cir. 1975), cert. denied, 424 U.S. 955, 96 S.Ct. 1431, 47 L.Ed.2d 361 (1976); United States v. Swanson, 509 F.2d 1205, 1208-09 (8th Cir. 1975); United States v. Mirabile, 503 F.2d 1065, 1067 (8th Cir. 1974), cert. denied, 420 U.S. 973, 95 S.Ct. 1395, 43 L.Ed.2d 653 (1975); In re Dellinger, 502 F.2d 813, 817-18 (7th Cir. 1974), cert. denied, 95 S.Ct. 1425, 420 U.S. 990 (1975); United States v. Berrios, 501 F.2d 1207 (2d Cir. 1974); United States v. Berrigan, 482 F.2d 171, 176-82 (3d Cir. 1973); United States v. Falk, 479 F.2d 616 (7th Cir. 1973) (en banc); United States v. Steele, 461 F.2d 1148, 1150-52 (9th Cir. 1972). But the proposition that the courts have the power to dismiss an indictment because of the way in which the prosecutor exercised his discretion whether or not to prosecute has met with extreme skepticism in this court. E. g., United Stated v. Mann, 517 F.2d 259, 271 (5th Cir. 1975), cert. denied, 423 U.S. 1087, 96 S.Ct. 878, 47 L.Ed.2d 97 (1976); United States v. Raven, 500 F.2d 728, 733 & n.14 (5th Cir. 1974), cert. denied, 419 U.S. 1124, 95 S.Ct. 809, 42 L.Ed.2d 824 (1975); United States v. Ream, 491 F.2d 1243, 1246 (5th Cir. 1974); but cf. United States v. Smith, 523 F.2d 771, 782 (5th Cir. 1975), cert. denied, 429 U.S. 817, 97 S.Ct. 59, 50 L.Ed.2d 76 (1976). This skepticism derives from the view, expressed in United States v. Cox, 342 F.2d 167, 171 (5th Cir.) (en banc), cert. denied, 381 U.S. 935, 85 S.Ct. 1767, 14 L.Ed.2d 700 (1965), that, "as an incident of the constitutional separation of powers, . . . the courts are not free to interfere with the free exercise of the discretionary powers of the attorneys of the United States over criminal prosecutions."
38
We need not decide today, however, whether there is any room at all in the precedents of this court for a claim of the kind made by Kelly. It is plain to us that even if we were to follow the path taken by the other circuits whose cases are cited above, Kelly fell far short of establishing his claim. Almost without exception, those circuits follow the rule laid down in United States v. Berrios, supra, 501 F.2d at 1211:
39
To support a defense of selective or disc(r)iminatory prosecution, a defendant bears the heavy burden of establishing, at least prima facie, (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for prosecution, and (2) that the government's discriminatory selection of him has been invidious or in bad faith, i. e., based upon such impermissible considerations as race, religion, or the desire to prevent his exercise of constitutional rights.
40
We need not go beyond the first prong of this test, for Kelly failed to show that the United States has not prosecuted DEA agents who committed offenses similar to his own.
41
The only witness called by Kelly on the motion to dismiss was Jack Compton, the director of the Customs Patrol in Laredo, Texas. Compton testified that on August 20, 1975 he contacted the United States Attorney and an Assistant United States Attorney for the Western District of Texas and told them of instances of wrongdoing by officers of agencies under the Justice Department. On direct examination, Compton did not say what his allegations had been, and he did not know whether the United States Attorney had investigated the allegations. As far as he knew, no indictments had resulted. Record Vol. 3 at 414-16.
42
On cross-examination by the government, Compton stated that the United States Attorney had, in fact, asked him for additional information concerning his allegations. He stated that many of his allegations had involved conduct taking place in Mexico, and that the United States Attorney had explained to him that he did not have jurisdiction over Mexico. Record Vol. 3 at 422, 424, 427-28. He also stated that some of his allegations concerned conduct that had taken place in 1967 and 1968, and that the United States Attorney had explained to him that the federal statute of limitations was five years. Id. at 423, 431. There also appear to have been other vague allegations of irregularities, none of which was clearly stated. In short, Compton gave no firm evidence that he had notified the United States Attorney of conduct that might have been prosecuted.
43
On redirect examination, Compton testified that other agents had accompanied him to talk to the United States Attorney in August of 1975. He said that the other agents had talked to the United States Attorney out of his presence, and the district court, not unreasonably, would not permit Compton to testify as to what was said in those meetings. Kelly chose not to call those other agents to testify.
44
On this evidence, the district court certainly could conclude that Kelly had not shown that DEA agents situated similarly to himself had escaped prosecution for acts similar to his own. See United States v. Scott, supra,521 F.2d at 1195. Kelly complains that he could have made a better case if the court had permitted him to call the United States Attorney and Assistant United States Attorney to testify. The district court quite properly was loath to permit questioning of these prosecutors about other investigations that they had conducted or were conducting or about their reasons for the manner in which they exercised their prosecutorial discretion, without some demonstration by Kelly that his complaint might have merit. We hold that the district court did not err in this respect. See United States v. Berrigan, supra, 482 F.2d at 180-82. We also think the district court did not err in excluding such items as newspaper clippings or transcripts of congressional hearings, for Kelly made no attempt to explain how they were relevant to his theory that the Justice Department was discriminating against Customs Service personnel and in favor of DEA personnel.
45
V. DENIAL OF THE MOTION TO DIRECT A VERDICT OF ACQUITTAL.
46
Kelly, citing United States v. Barker, 546 F.2d 940 (D.C.Cir.1976), argues that the district court erred in denying his motion to direct a verdict of acquittal, which was based on his asserted good-faith belief that his actions were lawful because his Customs Patrol superiors had approved the break-in and bugging in advance. Kelly made his motion at the close of the government's evidence but did not renew it at the close of all the evidence. Putting aside our doubts whether this ground was properly preserved for review, see, e. g., United States v. Perez, 526 F.2d 859, 863-64 & ns.3, 4, & 7 (5th Cir.), cert. denied, 429 U.S. 846, 97 S.Ct. 129, 50 L.Ed.2d 118 (1976), we find it to be without merit.
47
In United States v. Barker, supra, two of the men who broke into the office of Daniel Ellsberg's psychiatrist appealed convictions for violating 18 U.S.C. § 241. At their trial, they attempted to establish as a defense that they had harbored a reasonable belief that E. Howard Hunt, who had recruited them for the break-in, had the legal authority to authorize it. The district court limited the evidence that defendants were permitted to present in support of this ground. 546 F.2d at 944 (opinion of Wilkey, J.). The district court also refused to give an instruction, requested by defendants, that:
48
(I)f you find that a defendant believed he was acting out of a good faith reliance upon the apparent authority of another to authorize his actions, that is a defense to the charge . . . , provided you find that such a mistake by a defendant was made honestly, sincerely, innocently and was a reasonable mistake to make based upon the facts as the defendant perceived them.
49
Id. at 949 (opinion of Wilkey, J.). Instead, the court instructed that only a mistake of fact, and not one of law, would negate the element of specific intent. Specifically, the court told the jury that, "an individual cannot escape the criminal law simply because he sincerely but incorrectly believes . . . that his superiors had the authority without a warrant to suspend the Constitutional protections of the Fourth Amendment." Id. at 945 n.6 (opinion of Wilkey, J.).
50
The court of appeals, one judge dissenting, reversed and remanded for a new trial. Judge Wilkey acknowledged the general rule that only mistakes of fact, and not of law, serve to negate criminal intent. 546 F.2d at 946-47. He went on to note certain exceptions to the mistake-of-law rule that he said derived from "an overriding societal interest in having individuals rely on the authoritative pronouncements of officials whose decisions we wish to see respected." Id. at 947. Characterizing the defendants' claim as one of mistake of law, id. at 948-49 & ns. 24 & 28, he stated his view that the defendants should prevail if they showed, "both (1) facts justifying their reasonable reliance on Hunt's apparent authority and (2) a legal theory on which to base a reasonable belief that Hunt possessed such authority." Id. at 949 (emphasis in original). Hence, in Judge Wilkey's opinion, the district court erred both in its evidentiary limitations and in its instructions. Judge Merhige, concurring in the result, made a somewhat similar analysis and concluded that, "the (mistake-of-law) defense is available if, and only if, an individual (1) reasonably, on the basis of an objective standard, (2) relies on a (3) conclusion or statement of law (4) issued by an official charged with interpretation, administration, and/or enforcement responsibilities in the relevant legal field." Id. at 955 (opinion of Merhige, J). See also United States v. Barker, 168 U.S.App.D.C. 312, 514 F.2d 208, 227-37 (Bazelon, C. J., concurring); 240-44 (MacKinnon, J., dissenting); 263-70 (Wilkey, J., dissenting) (1975) (en banc); but see United States v. Barker, 546 F.2d 940, 961-73 (Levanthal, J., dissenting).
51
Without expressing an opinion on the views offered in Barker, we note that this case comes to us in a much different posture from that case. There, the defendants wanted only a chance to offer their theory to the jury. Here, defendant seeks a holding that a defense was established as a matter of law. There, defendants were not permitted to put all the evidence of their claim authorization before the jury. Here, no such limitation was imposed. There, the district court instructed that a mistake of law is no defense and refused defendants' requested instruction that a reasonable belief that the acts were lawfully authorized would be a defense. Here, the district court instructed at the government's request, not the defendant's see Record Vol. 1 at 199 that ignorance of the law could negate specific intent; and here, defendant neither objected to this instruction nor offered any of his own on the subject.
52
Thus, in order to decide the case in its present posture, we need not decide whether defendant's theory that a good-faith belief that his Customs Patrol superiors had lawfully approved the break-in in advance would be a valid defense is correct. It is enough to demonstrate that, assuming the theory is correct,7 the evidence on whether Kelly did harbor such a belief was highly equivocal. On this ground alone, we hold the district court did not err in refusing to direct a verdict. Because Kelly does not complain of the instructions that were given and did not request any other instructions, we have no occasion to express a view on the matters that so troubled the District of Columbia Circuit in the two Barker cases.
53
The government called Hough in its case in chief. He testified that the conspirators, possibly excluding Wade, had met in his apartment the day of or day before the break-in to plan it. According to him, he had not discussed the break-in with any of his supervisors. Record Vol. 4 at 160-61. Kirkendall had not told him that the supervisor Chapuis had authorized Kirkendall to take a "bug" from the Customs Patrol office. Id. at 204-05. Hough denied emphatically that he had told any of the other conspirators the break-in had been authorized: "There's no way to get authorization for something like that. No, I never indicated that to anybody." Id. at 165.
54
Hough testified that he had known they were breaking the law. Record Vol. 4 at 189-90. He also said that Kelly had opposed letting Kirkendall carry a two-way Customs Patrol radio into the house during the break-in, because that would link the Customs Patrol to the break-in if Kirkendall, a private citizen, were caught by the El Paso police. Id. at 156-57, 190. He stated that all four conspirators had worn gloves that night, apparently in order not to leave fingerprints. Id. at 162.
55
The government also called Kirkendall. He testified that no Customs Patrol personnel had authorized the break-in, Record Vol. 4 at 216-17, and that Hough had not told him or anyone in his presence that it was authorized, id. at 217. He said he wore gloves during the break-in. Id. at 220. He also stated that before the break-in, he had asked a Customs Patrol supervisor for some unspecified electronics equipment, and that the supervisor had told Kelly, the electronics expert, to get him "whatever he needed." Kirkendall did not say he had asked for, or the supervisor had authorized, use of a bug.
56
The defense called Wade, who contradicted Hough by testifying that Hough had told him the break-in was authorized. Record Vol. 4 at 385, 401. He said, however, that Hough did not tell him who authorized it and that he never asked. Id. at 402. He stated that Hough had not told him the break-in was authorized in front of Kelly, id. at 391, that he had never heard Hough tell Kelly that, id. at 397-98, and that he himself had never told Kelly that, id. at 401. Wade's testimony was impeached by a prior statement in which he had said that Hough did not tell him the break-in was authorized and that as far as he knew, no superiors knew about it in advance. Id. at 392-93.
57
Finally, Kelly testified. He said that he had been with Kirkendall when Kirkendall asked a supervisor for some electronic equipment. Kelly said the supervisor had told him to give Kirkendall any help he needed, Record Vol. 4 at 417, but that Kirkendall had not asked the supervisor for the "specific equipment," by which he presumably meant a bug, id. at 416. On direct examination by his own counsel, Kelly hedged when asked whether Hough had told him he had gotten authority for the break-in and attempted bugging: "I can't remember the specific words. He indicated the office the typical feeling was, 'Do what you have to. We'll fade the heat.' I felt the office had some type of knowledge of it, yes." Id. at 420. He was likewise vague when asked whether a particular supervisor had prior knowledge of the plan: "I could not say for sure. I don't know if he had any direct knowledge positively. I was under the impression that he probably knew." Id. The only reason he gave for this "impression" was that this supervisor had told him to help Kirkendall. Id. at 420-21.
58
Kelly's counsel also asked him if he had known his acts were unlawful when he committed them. Kelly said he had not believed they were because, "(T)he law is so vague to begin with." Record Vol. 4 at 421.
59
On cross-examination, the government impeached Kelly's story with a portion of his June 11, 1975 statement, where, in response to the question how far he would go in making a case, he had stated: "I wanted to make a case. If I didn't tell the supervisor how I made it within limits I mean I wasn't going to I'm not saying the burglary is right. There is a limit to how far." Record Vol. 4 at 439. The government also read a portion of Kelly's August 24, 1975 statement, where, as the agents followed up Kelly's response that he then knew that the use of eavesdropping equipment was unlawful, the following colloquy was had:
60
Q. But you went on ahead and made a bug, which is eavesdropping equipment?
61
A. Yes, I did.
62
Q. Knowing that the use of such would be illegal without approval?
63
A. Well, I . . . I . . . really, I knew it, you know, I wasn't really that . . .. I knew it was wrong.
64
Id. at 446-52. On all this evidence, the question whether Kelly entertained a good-faith belief that his actions had been authorized by his supervisors was sufficiently unclear that the district court plainly did not err in refusing to direct a verdict on that basis. We therefore affirm the convictions.
65
AFFIRMED.
*
Senior District Judge of the Northern District of Alabama, sitting by designation
1
18 U.S.C. § 2511 provides:
(1) Except as otherwise specifically provided in this chapter any person who
(b) willfully uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when
(ii) such device transmits communications by radio . . .
shall be fined not more than $10,000 or imprisoned not more than five years, or both.
2
18 U.S.C. § 371 provides:
If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both.
3
Hough had been arrested on June 8, 1975 and charged with smuggling eleven pounds of cocaine into this country while a Customs Patrol Officer, an incident in which the others were not involved. He was convicted on this charge and sentenced to twelve years in prison and an additional twelve years on special parole. He was not indicted on the eavesdropping charge in return for his cooperation in developing that case
4
There is no indication, and defendant does not argue, that Judge Sessions had "expressed an opinion concerning the merits of the particular case in controversy" while he was United States Attorney. Defendant relies solely on the first clause of § 455(b)(3)
5
The government also so represented to the judge in its opposition to the motion to recuse. Record Vol. 1 at 42
6
Kelly asserts, "(T)he Defendants herein were singled out because they worked for the United States Customs Office under the supervision of the Department of the Treasury rather than the Drug Enforcement Administration under the Department of Justice. The Department of Justice was taking care of its own and invidiously prosecuting these Customs Officials." Brief for Appellant at 5-6. And, "Appellant herein was merely a victim of a feud between the Drug Enforcement Administration and United States Customs." Id. at 7
7
Defendant seems to have overlooked the second prong of the test posited by Judge Wilkey in Barker, for he has advanced no legal theory that would support a reasonable belief that his Customs Patrol superiors had the authority to approve the operation. Compare 546 F.2d at 949-54. We also note that Judge Wilkey apparently would distinguish between private citizens, like the defendants in Barker, and government officials, like Kelly, in deciding whether the defense was available. See 546 F.2d at 948-49
|
Heikki Lampela menetti lupansa toimia asianajajana – Korkein oikeus hylkäsi Lampelan valituslupahakemuksen
Juristi Heikki Lampelan erotuspäätös Asianajajaliitosta jää voimaan. Korkein oikeus hylkäsi torstaina Lampelan valituslupahakemuksen, jossa Lampela vaati muutosta Asianajajaliiton valvontalautakunnan häntä koskevaan erottamispäätökseen. Asianajajaliiton valvontalautakunta päätti joulukuussa 2017 erottaa Lampelan Asianajajaliitosta sen vuoksi, että hänet tuomittiin lainvoimaisesti ehdolliseen vankeuteen naisystävänsä pahoinpitelystä ja laittomasta uhkauksesta. Itse tapahtuma sattui keväällä 2015. Lampela ilmoitti alkuvuonna 2018 valittavansa valvontalautakunnan päätöksestä Helsingin hovioikeuteen. Hänen mukaansa erottaminen oli seuraamuksena liian ankara, ja hän vaati erottamista muutettavaksi varoitukseksi. Lampela vetosi muun muassa siihen, ettei tuomio liittynyt hänen ammattinsa hoitamiseen vaan vapaa-ajan tapahtumiin. Valvontalautakunnan tehtävänä on asianajajalain mukaan valvoa sitä, että asianajajat noudattavat hyvää asianajajatapaa. Lautakunta huomautti, että se oli langettanut Lampelalle seuraamuksia myös aiemmin. Helsingin hovioikeus päätti syksyllä 2018 olla muuttamatta valvontalautakunnan erottamispäätöstä. Hovioikeus arvioi ratkaisussaan muun muassa, että asianajajan on käyttäydyttävä hyvin myös vapaa-ajallaan eikä pelkästään työtehtäviä hoitaessaan. KKO:n torstainen päätös tarkoittaa sitä, että hovioikeuden päätös jää voimaan. KKO:n ratkaisusta kertoi torstaina ensimmäisenä STT. Ei saa vuosiin toimia asianajajana Asianajajaliiton jäsenyydestä erottaminen tarkoittaa sitä, ettei Lampela saa toimia asianajajana oikeudessa. Hän saa asianajajalain mukaan kuitenkin hakea jäsenyyttä uudestaan kolmen vuoden kuluttua. Erottaminen on kaikkein ankarin seuraamus, jonka valvontalautakunta voi Asianajajaliiton jäsenelle langettaa. Valvontalautakunta käsitteli vuonna 2017 yhteensä 401 asianajajaa koskevaa asiaa. Lautakunta tekee erottamispäätöksiä alle kymmenen vuosittain. Lännen Media ei torstai-iltapäivällä tavoittanut Lampelaa. |
FILED
NOT FOR PUBLICATION JAN 12 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DAWN E. SAMPLES, No. 10-35586
Plaintiff - Appellant, D.C. No. 3:09-cv-06152-JO
v.
MEMORANDUM *
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Oregon
Robert E. Jones, Senior District Judge, Presiding
Argued and Submitted November 18, 2011
Portland, Oregon
Before: FISHER, PAEZ, and CLIFTON, Circuit Judges.
Dawn Samples appeals the district court’s judgment affirming the denial of
disability benefits by the Commissioner of the Social Security Administration. We
vacate in part and affirm in part, and remand for further proceedings.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a
district court’s order upholding a decision by the Social Security Commissioner
that denies benefits to an applicant. Batson v. Comm’r of Soc. Sec. Admin., 359
F.3d 1190, 1193 (9th Cir. 2004).
Samples challenges the Administrative Law Judge’s (ALJ) assessment of her
residual functional capacity (RFC), specifically his failure to incorporate a finding
made by Dr. James Wahl on a “check-off” form that Samples is moderately to
markedly limited in her “ability to accept instructions and respond appropriately to
criticism from supervisors.” “[A]n RFC that fails to take into account a claimant’s
limitations is defective.” Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685,
690 (9th Cir. 2009). The ALJ must determine a claimant’s limitations on the basis
of “all relevant evidence in the record.” Robbins v. Soc. Sec. Admin., 466 F.3d
880, 883 (9th Cir. 2006).
Here, the ALJ erred by not including all of Samples’ limitations in his
assessment of her RFC. In particular, the ALJ’s assessment improperly ignored
Dr. Wahl’s description and diagnoses of a functional limitation on Samples’ ability
to accept instructions from supervisors and to respond appropriately to criticism
from supervisors, rendering the RFC defective. See Valentine, 574 F.3d at 690.
Page 2 of 4
This limitation was not covered by the language in the RFC discussing Samples’
general difficulty with taking criticism in the workplace.
Because the RFC was defective, the hypothetical question that the ALJ
posed to the vocational expert regarding Samples’ ability to find work in the
national economy was also defective and must be reformulated on remand to
include all of Samples’ limitations. See, e.g., id.; Embrey v. Bowen, 849 F.2d 418,
422 (9th Cir. 1988).
The ALJ was required to consider Samples’ impairments in combination
throughout the disability determination process and determine if her impairments
met or equaled one of the listed impairments at 20 C.F.R. Part 404, Subpart P,
Appendix 1. See 20 C.F.R. § 404.1523; see also Lester v. Chater, 81 F.3d 821,
828 (9th Cir. 1995). The record reflects that the ALJ did so, even if he did not
discuss explicitly the interaction between her physical impairments and her mental
impairments. The ALJ not only noted that he was required to consider her
impairments in combination, but stated explicitly in two places that he had done so.
Additionally, Samples did not meet her burden of showing that her impairments,
alone or in combination, equal or meet one of the listed impairments. See Tackett
v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999). Therefore, the ALJ was not required
to discuss how the combined effects of Samples’ impairments might meet or equal
Page 3 of 4
a listing. See Burch v. Barnhart, 400 F.3d 676, 683 (9th Cir. 2005); Lewis v. Apfel,
236 F.3d 503, 514 (9th Cir. 2001). We affirm the district court’s holding that this
argument lacks merit.
The district court is directed to remand this case to the Commissioner for
proceedings consistent with this memorandum disposition. The parties shall bear
their own costs on appeal.
AFFIRMED in part, VACATED in part, and REMANDED.
Page 4 of 4
|
'Dead' voter controversy raises even more concern Black districts got more letters than other groups
Terri Collins holds a letter from the county tax office saying it has learned that she is dead and will be taken off the voter registration record. Just a month earlier, she received her voter registration ID card. The voter purge was cancelled after complaints. less Terri Collins holds a letter from the county tax office saying it has learned that she is dead and will be taken off the voter registration record. Just a month earlier, she received her voter registration ID ... more Photo: Melissa Phillip Photo: Melissa Phillip Image 1 of / 1 Caption Close 'Dead' voter controversy raises even more concern 1 / 1 Back to Gallery
Voters in traditionally African-American neighborhoods were disproportionately affected when Harris County officials notified 9,000 people their registrations could be cancelled unless they proved they were not deceased, according to a Chronicle analysis of data obtained from the Texas Secretary of State.
Already, 32 percent of voters who received "Are you dead?" letters across the county in September - just six weeks before the presidential elections - have confirmed they are very much alive, election officials said this week. Because of widespread complaints, no county voters will be purged before the November elections unless their deaths are independently confirmed, according to Don Sumners, the county's tax assessor collector and voter registrar.
The Chronicle's analysis showed that voters living in black districts - specifically created by lawmakers to enhance political representation of blacks on the county commission and the Texas Legislature - received more letters than voters in other districts. Nearly 2,900 live in Harris County Commissioner's Precinct 1 - a minority op portunity district created more than two decades ago that includes most of the county's historically black neighborhoods.
'Neutral party' needed?
In an emailed statement, Precinct 1 Commissioner E. Franco Lee, the only African-American on the Harris County Commissioner's Court, said he hasn't seen as many election problems "in the 27 years he's been in office." Lee said he intends to solicit help from the Harris County Attorney's Office and the U.S. Attorney to investigate.
"The recent mistakes let me know that we need a neutral party to look into the matter. And that's the U.S. Department of Justice," he said.
70,000 names
According to U.S. census estimates, African-Americans represent 19 percent of the voting-age population in Harris County.
The recent mailings were prompted by a state law, effective in September 2011, that required the Secretary of State to compare Social Security death data to voter records to help clean voter rolls statewide. As part of the process, state officials sent 70,000 names of possibly dead voters to voter registration officials across Texas.
However, each county used the lists differently. Harris County officials contacted every voter listed, while others did more research and sent fewer letters.
'A moral tragedy'
Rev. Reginald Lillie, president of the Houston NAACP, said faulty mass mailings just six weeks before the election erodes voter confidence.
"Our confidence in our county and our state officials to hold this election has been diminished. We're really concerned about Texas and it's a tragedy. It's a moral tragedy," Lillie said. "The trust factor and the credibility is just gone. This should be of concern to all Texans - this is not a Democratic issue. This is a civil rights issue - this is a constitutional right. No one should be able to stand by and think this doesn't affect them. It's part of the fabric of this society."
In Travis County, voters contacted by mistake filed a lawsuit to block proposed purges. Because of that litigation, Rich Parsons, a spokesman for the Secretary of State, said he could not comment Tuesday.
As of Oct.1, only 7 percent of the purported dead voters in Harris County had been confirmed. Though he's been critical of the state's decision to send out so many "weak matches," Sumners told the Chronicle that the process of comparing names, dates of birth and identification numbers in voter records and social security death data was race neutral. He suggested any disproportionate impact might relate to the aging of voters in historically black neighborhoods.
Most likely to be tagged
Across Texas, voters named Smith, Johnson, Williams, Jones, Brown, Davis, Garcia and Rodriguez were most likely to be tagged as possibly deceased in the recent clean-up effort, the Chronicle's analysis of all 70,000 voters identified as "weak matches" shows. Some surnames are particularly common among African-Americans. About 13,000 voters listed had last names associated with Hispanic heritage, according to a list maintained by the U.S. Census bureau.
Reform quickly OK'd
Despite the problems with clean-up attempts, the 2011 reform attracted no opposition in legislative hearings and was quickly approved by the Justice Department. Key lawmakers said the reform needs more work.
"Our election administrators need to ensure that properly registered voters aren't being purged erroneously just as much as they need to ensure that votes aren't being cast for people who are deceased," said Rep. Larry Taylor, R-Friendswood, the House elections committee chair.
Rep. Ana Hernandez Luna, D-Houston, the committee's vice chair said corrective measures must be considered, adding, "We're all in support of maintaining rolls that are clean and up-to-date but not at the peril of disenfranchising eligible voters."
[email protected] |
Q:
How to jump to super implementation in Eclipse
Given the code segment:
@Override
public String someMethod()
{
return "foo";
}
Is there a way in Eclipse to quickly jump to the implementation in super? Since it's annotated with @Override, I would think Eclipse would know how to do this.
For now as a clunky work-around, I'll type in "super.someMethod();" as the first line (even though I don't need it), click on the method name on that line, and hit F3.
I'm using Eclipse 3.4.1 (Ganymede) for Solaris.
A:
You can use the shortcut key: Alt + N, S
A:
There should be a little hollow arrow on the left of the method invocation line for the implementation of an interface method, and a little solid arrow on the left of the method invocation line for the implementation of a method override.
Left clicking on the hollow arrow takes you to the interface method.
Left clicking on the solid arrow takes you to the method that's overridden.
A:
I like Alt+N, S as Reimeus wrote. Another option that doesn't require your cursor to be in the function in question is to use the pop-up outline view:
Ctrl-O to open outline
Ctrl-O to show inherited members
Type method name to find it
|
After some thinking, I have decided to not pursue my email inquiries to Mr. Epperson.
HOWEVER...
...I would highly recommend, Maverick, that you let your instructor know about some of his questionable ties. If he truly is "Internet Ignorant", then he may not realize that he's aligning his legitimate school with extremely questionable and shady organizations.
Otherwise, I have no interest in pursuing an investigation on a school that successfully competes in MMA and grappling competitions.
Look the ties are questionable but, he is ranked in everything he claims. No, I don't like the Soke Title
Then again I don't like that some BJJ guys use professor.
I also don't like Ke?poists that use professor either.
Unless he is handing out BS titles, it is irrelevant. As bad as this is going to sound people collect titles to sell their arts.
It may come from what happened recently in A MABS thread to me. If the guy isn't being an ass, there really is no reason to pursue one or two bad looking things out of all the other good.
4/24/2008 11:57am,
DerAuslander
Maverick,
Were your parents married when you were conceived?
4/24/2008 1:36pm,
Matt W.
You think Mav's a bastard? lol
4/24/2008 1:38pm,
MaverickZ
Quote:
Originally Posted by Errant108
Maverick,
Were your parents married when you were conceived?
Yes, but the certificate was signed in the former USSR, so that's a pretty questionable connection.
4/24/2008 1:40pm,
MaverickZ
Quote:
Originally Posted by Satori
After some thinking, I have decided to not pursue my email inquiries to Mr. Epperson.
HOWEVER...
...I would highly recommend, Maverick, that you let your instructor know about some of his questionable ties. If he truly is "Internet Ignorant", then he may not realize that he's aligning his legitimate school with extremely questionable and shady organizations.
Otherwise, I have no interest in pursuing an investigation on a school that successfully competes in MMA and grappling competitions.
Satori, while I appreciate your input into this, as well as the tone you took, and I honestly do. My instructor doesn't really care what anyone thinks of him or his connections. And I mean that in a very straight forward and factual way, rather than in any insulting way. And nothing I say to him is going to change that, and if it did I would question why I'm training with such an easily manipulated individual. His ties are his to maintain, and I am not someone who should be sticking his nose into that. He knows very well about the frauds and bullshit artists that exist in the martial arts world, at least from my many conversations with him.
I hope you realize I'm not trying to be a jerk here. That's just the way things are going to work out. I know this because it's not the first time.
4/24/2008 1:47pm,
Matt W.
He did, after all, host a challenge match between Mav and JFS.
4/24/2008 1:51pm,
DerAuslander
Yes, where JFS claimed he stole Maverick's soul. What JFS didn't realize is that maverick is a Jew & therefore has no soul.
4/24/2008 1:52pm,
MaverickZ
Quote:
Originally Posted by Matt W.
He did, after all, host a challenge match between Mav and JFS.
If I had been quicker on the trigger, the challenge match between Kat, Os, JFS, and Omar could have taken place at our dojo as well. My teacher loves that sort of thing. |
882 S.W.2d 496 (1994)
Norma L. KIEFER and Robert C. Kiefer, Appellants,
v.
CONTINENTAL AIRLINES, INC., Appellee.
No. 01-91-01286-CV.
Court of Appeals of Texas, Houston (1st Dist.).
August 11, 1994.
Rehearing Denied September 22, 1994.
*497 Grant Gealy, Houston, for appellants.
Sarah B. Duncan, San Antonio, Jennifer Bruch Hogan, M. Cody Mueller, Houston, for appellee.
Before OLIVER-PARROTT, C.J., and HUTSON-DUNN and WILSON, JJ.
OPINION
WILSON, Justice.
Norma L. Kiefer and her husband Robert C. Kiefer (the Kiefers) appeal from a summary judgment rendered in favor of Continental Airlines, Inc. (Continental) on the basis of federal preemption. The Kiefers raise four points of error. We reverse and remand for trial on the merits.
A defendant moving for summary judgment has the burden to show that, as a matter of law, there is no genuine issue of material fact as to one or more of the essential elements of the plaintiffs' cause of action. MMP, Ltd. v. Jones, 710 S.W.2d 59, 60 (Tex. 1986); Gibbs v. General Motors Corp., 450 S.W.2d 827, 828 (Tex.1970); Goldberg v. United States Shoe Corp., 775 S.W.2d 751, 752 (Tex.App.-Houston [1st Dist.] 1989, writ denied). Every reasonable inference will be indulged in favor of the non-movants, and any reasonable doubt will be resolved in their favor. Continental Casing Corp. v. Samedan Oil Corp., 751 S.W.2d 499, 501 (Tex. 1988); Goldberg, 775 S.W.2d at 752.
In the light most favorable to the Kiefers, the non-movants, the summary judgment evidence shows that Mrs. Kiefer was a passenger on a Continental flight from Pittsburgh, Pennsylvania, to Houston, during which a Continental flight attendant dropped a bag from an overhead storage bin onto Mrs. Kiefer's head, injuring her.
Mrs. Kiefer and her husband sued Continental for personal injuries and loss of society, respectively; they each asserted a state common-law negligence cause of action. Continental moved for summary judgment, based on its contention that the Kiefers' claims were preempted by section 4(a) of the Airline Deregulation Act of 1978, as amended (the 1978 Act),[1] codified at 49 U.S.C.A.App. § 1305 (West Pamph.1994). The trial court ruled that, "Continental Airlines, Inc. is entitled to summary judgment as follows. Ordered that the cause of action is dismissed as being preempted by section 1305 of Federal Aviation Act."[2] Within 30 days after the trial court signed the order granting summary judgment for Continental, the Kiefers filed their "motion for new trial or to alter or amend judgment," asserting that the court dismissed their suit without adequate consideration of their amended petition, filed five days before the summary judgment hearing, which had added two new claims: an implied federal cause of action under section 404 of the Federal Aviation Act of 1958, as amended (the 1958 Act),[3] codified at 49 U.S.C.A.App. § 1374 (West 1976 & Pamph.1994);[4] and a federal common-law negligence and gross negligence cause of action. In that motion, the Kiefers prayed that the trial court set aside the summary judgment in full, or, in the alternative, that it amend the judgment to reflect that only their state-law cause of action was dismissed. The trial court denied the Kiefers' motion, and this appeal followed.
Federal preemption is an affirmative defense. See Gorman v. Life Ins. Co. of North America, 811 S.W.2d 542, 546 (Tex.), cert. denied, ___ U.S. ____, 112 S.Ct. 88, 116 L.Ed.2d 60 (1991) (preemption under Employee Retirement Income Security Act (ERISA)); see also City of Houston v. First City, 827 S.W.2d 462, 467-68 (Tex.App.-Houston [1st Dist.] 1992, writ denied) (preemption under federal banking laws pleaded *498 as affirmative defense); Dueringer v. General American Life Ins. Co., 842 F.2d 127, 129-30 (5th Cir.1988) (ERISA preemption). When a defendant moves for summary judgment based on an affirmative defense, the defendant has the burden to prove conclusively all the elements of the affirmative defense as a matter of law. Montgomery v. Kennedy, 669 S.W.2d 309, 310-11 (Tex.1984). Unless the movant conclusively establishes the affirmative defense, the non-movant plaintiffs have no burden in response to a defendant's motion for summary judgment filed on the basis of an affirmative defense. Torres v. Western Casualty & Sur. Co., 457 S.W.2d 50, 52 (Tex.1970).
A summary judgment for the defendant, disposing of the entire case, is proper only if, as a matter of law, the plaintiff could not succeed upon any of the theories pleaded. Havens v. Tomball Community Hosp., 793 S.W.2d 690, 691 (Tex.App.-Houston [1st Dist.] 1990, writ denied); Dodson v. Kung, 717 S.W.2d 385, 390 (Tex.App.-Houston [14th Dist.] 1986, no writ). Once the defendant produces sufficient evidence to establish the right to a summary judgment, the plaintiffs must set forth sufficient evidence to give rise to a fact issue to avoid an adverse summary judgment. "Moore" Burger, Inc. v. Phillips Petroleum Co., 492 S.W.2d 934, 936-37 (Tex.1972).
When a trial court's order granting summary judgment specifies the grounds relied on for its ruling, the summary judgment will be affirmed on appeal if the specified grounds are meritorious. State Farm Fire & Casualty Co. v. S.S., 858 S.W.2d 374, 380 (Tex.1993); River Consulting, Inc. v. Sullivan, 848 S.W.2d 165, 168-69 (Tex.App.-Houston [1st Dist.] 1992, writ denied).
In their first point of error, the Kiefers assert that the summary judgment was erroneous because section 1305 does not preempt their state common-law negligence cause of action. Section 1305 provides, in pertinent part:
(a) Preemption
(1) [N]o State ... shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any air carrier having authority ... to provide [interstate] air transportation.
49 U.S.C.A.App. § 1305 (West Pamph.1994).
The express terms of section 1305 plainly indicate that Congress intended to preclude state lawmaking with respect to some body of subject matter. Within constitutional limits, Congress may, of course, preempt state lawmaking by so stating in express terms. Jones v. Rath Packing Co., 430 U.S. 519, 525, 97 S.Ct. 1305, 1309, 51 L.Ed.2d 604 (1977). The question here is not whether state laws have been preempted, as it is in the case of implied preemption, but rather, the extent of that preemption.
The Kiefers contend that the 1978 Act was intended to address economic issues only, and was not intended to preempt state-law remedies for injuries that passengers might incur during the course of receiving "services" from an interstate air carrier. Continental contends that the 1978 Act was also addressed to "safety concerns," and that, in that aspect, the 1978 Act expressly preempts the Kiefers' state common-law negligence cause of action, because, Continental reasons, that cause of action "relat[es] to ... services of [an] air carrier having authority ... to provide [interstate] air transportation."
To support its view, Continental relies primarily upon a pair of Fifth Circuit cases, O'Carroll v. American Airlines, 863 F.2d 11 (5th Cir.1989), cert. denied, 490 U.S. 1106, 109 S.Ct. 3158, 104 L.Ed.2d 1021 (1989), and Baugh v. Trans World Airlines, No. 90-2074, slip op. (5th Cir.1990) (unpublished).[5]
In O'Carroll, the plaintiff held a valid ticket for a Chaparral Airlines flight between Portland, Maine and Alexandria, Louisiana. When he and his companion, Rollins, boarded *499 for the last leg of that trip, they were loud, boisterous, and intoxicated. At one point, Rollins proclaimed his willingness to "help fly the plane." During the ensuing chain of events, an "irregularity" in O'Carroll's ticket was discovered; he was asked to disembark; and, uttering obscenities, he refused to move. Ultimately, police officers were called, and removed both O'Carroll and Rollins from the aircraft. O'Carroll sued because of what he alleged to be his wrongful exclusion from that flight, asserting what the Fifth Circuit described only as "various state law claims." 863 F.2d at 12.
The Fifth Circuit found that O'Carroll's claims were preempted by section 1305. In so holding, however, the Fifth Circuit relied at least in part on the "broad, expansive discretion," accorded to air carriers about whether to provide services at all, and quoted the following statutory language:
Subject to reasonable rules and regulations prescribed by the Secretary of Transportation, any [interstate air] carrier may ... refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.
49 U.S.C.A.App. § 1511(a) (West Pamph. 1994). The Fifth Circuit construed section 1511 to permit carriers to refuse to carry even the holders of valid tickets, but observed also that an implied cause of action against an air carrier existed under section 1374 for abuse of the discretion accorded to the carrier under section 1511. 863 F.2d at 12-13.
O'Carroll concerned wrongful exclusion from a flight, an entirely different variety of injury than at issue here. There is no assertion, and no summary judgment evidence, that any of the safety considerations germane under section 1511 were implicated in the transaction between Mrs. Kiefer and Continental.
In Baugh, the facts were similar to those before us here. Baugh was a passenger on a flight from Houston to New York, New York, during which a flight attendant stepped on Baugh's foot, causing her injury. Slip. op. at 1-2. Like Mrs. Kiefer, Baugh sued the air carrier in Texas state court for personal injuries, asserting a state common-law negligence cause of action. Slip. op. at 2. The carrier removed Baugh's suit to federal district court based on diversity jurisdiction. Id. The federal district court then found that Baugh's claim was preempted by section 1305,[6] and dismissed her suit under FED. R.CIV.P. 12(b)(6) for failure to state a claim on which relief may be granted. Slip op. at 1-2. The Fifth Circuit affirmed the dismissal, holding that O'Carroll was controlling and that section 1305 preempted Baugh's claim because, given that Baugh's claim "ha[d] a connection with or reference to" services of an air carrier, the prosecution of that claim would constitute the enforcement of a "law... relating to ... services of [an] air carrier." Slip op. at 2-3, 6. The court went on to conclude that any state-law claim based on an injury caused during a flight by an airline employee acting in the course of his employment arises out of the services of an air carrier, and is therefore barred under section 1305.[7]
Continental asserts that O'Carroll and Baugh clearly indicate that the Kiefers' state-law claims are preempted, and apparently argues that those decisions control the disposition of this case. We disagree. As noted above, O'Carroll is distinguishable from the case before us. Moreover, at the threshold, Continental's analysis fails to take adequate account of relevant decisions of the other federal courts of appeals and federal district courts.
We begin by noting that in three of the older cases in this line, without any mention of preemption, the federal courts addressed *500 and disposed of claims for personal injuries incurred when items fell from overhead storage bins. See Plagianos v. American Airlines, Inc., 912 F.2d 57 (2nd Cir.1990) (unsecured compartment popped open during takeoff); Smith v. Piedmont Airlines, Inc., 728 F.Supp. 914 (S.D.N.Y.1989) (compartment popped open on landing); Duchesne v. American Airlines, Inc., 758 F.2d 27 (1st Cir.1985) (flight attendant opened overhead bin and caused metal luggage carrier to fall onto Duchesne's head). Standing alone, that silence in those cases would not, of course, warrant the conclusion that personal injury claims were not preempted by section 1305; however, the federal district court in Stewart v. American Airlines, Inc.[8]one of the latest cases in this line, which we discuss below looked to that same silence in a post-Baugh Fifth Circuit precedent[9] as part of the analysis by which it ultimately reached that very conclusion. See 776 F.Supp. at 1199-1200. Accordingly, we take note of the silence in those three older cases, in the interest of a complete analysis; but that is merely the beginning, not the end, of the analysis.
In West v. Northwest Airlines, Inc., 923 F.2d 657 (9th Cir.1990), vacated, ___ U.S. ____ and ____, 112 S.Ct. 2932 and 2986, 119 L.Ed.2d 558 and 120 L.Ed.2d 864 (1992),[10] West, a ticket holder who was denied a seat on an overbooked flight, sued the airline for, inter alia, breach of the covenant of good faith and fair dealing under Montana law. 923 F.2d at 658-59. The district court granted summary judgment for Northwest on that claim, holding that West's state-law claim was preempted by section 1305(a)(1). The Ninth Circuit reversed, saying
we disagree with Northwest and the district court that "law[s] ... relating to airline services" encompass all state laws that affect airline services, however tangentially. This interpretation of § 1305(a)(1) would unduly expand preemption and ignore our presumption against federal preemption in this traditional state law area. Instead, we find that Section 1305(a)(1) preempts claims only when the underlying statute or regulation itself relates to airline services, regardless of whether the claim arises from a factual setting involving airline services. Thus, state laws that merely have an effect on airline services are not preempted.... [I]n the instant case state law simply imposes a duty on all persons entering into contracts to act with good faith and fair dealing. The fact that this duty is applicable to airlines as well as the general public does not invoke federal preemption. We find, therefore, that West's state law claims are not expressly preempted by the [Federal Aviation Act of 1958].
923 F.2d at 660.
In Salley v. Trans World Airlines, Inc., 723 F.Supp. 1164 (E.D.La.1989), the Salleys brought both state-law claims and a federal claim under section 1374, based on the airline's refusal, for reasons unrelated to flight safety, to carry them. 723 F.Supp. at 1165, 1166. Based on O'Carroll, the district court initially granted partial summary judgment for the airline, and dismissed the Salleys' state-law claims as preempted by the 1958 Act. 723 F.Supp. at 1165. Trans World then moved for summary judgment to dismiss the Salleys' section 1374 claim, asserting that that section had ceased to be effective before the events giving rise to their claims occurred. Id. Upon the Salleys' motion for reconsideration of the dismissal of their state-law claims, the district court reinstated the Salleys' state-law claims, at least in part because it concluded that the dismissal of the federal claim would otherwise have left the Salleys without any cause of action. The court explained its decision, saying:
Initially, this Court read the O'Carroll decision as broadly holding that no state law claims may be brought in suits complaining of airline services. This was the interpretation urged by TWA, which noted that under O'Carroll, the Salleys would still have a federal cause of action under [49 U.S.C.A.App.] § 1374. On reconsideration, *501 and in view of the fact that § 1374 ceased to be effective [on January 1, 1985, after the events giving rise to the Salleys' cause of action], the O'Carroll decision should be read more narrowly[.]
723 F.Supp. at 1165 (emphasis added).[11]
In Stewart v. American Airlines, Inc., 776 F.Supp. 1194 (S.D.Tex.1991), Stewart was a passenger aboard an American commuter flight, and suffered neck injuries when the aircraft landed with a deflated nose gear tire. 776 F.Supp. at 1195. He brought state-law tort claims in state district court, alleging that American was negligent in, inter alia, failing properly to maintain the aircraft. 776 F.Supp. at 1195, 1196-97. American removed the case to federal district court, based on its assertion that Stewart's claims were preempted, and then, on that same basis, moved to dismiss the suit.[12] 776 F.Supp. at 1195. The Stewart court distinguished Trans World Airlines, Inc. v. Mattox, 897 F.2d 773 (5th Cir.1990), cert. denied, 498 U.S. 926, 111 S.Ct. 307, 112 L.Ed.2d 261 (1990), and cert. denied, ___ U.S. ___, 112 S.Ct. 2956, 119 L.Ed.2d 578 (1992); O'Carroll; and other cases also holding state-law claims preempted by section 1305,[13] and instead relied upon Salley and several other decisions;[14] it held that Stewart's claims were not related to "services" within the meaning of section 1305; did not, in any event, conflict with the express provisions of the 1958 Act, as amended; and were not preempted. 776 F.Supp. at 1198, 1199. Accordingly, the court remanded the action to the 281st District Court of Harris County. 776 F.Supp. at 1200.
The Fifth Circuit's interpretation, in O'Carroll and Baugh, of the extent of federal *502 preemption of state law by section 1305, found little favor among the other federal courts, including the federal district courts of the circuit. The Salley and Stewart courts, which were bound to follow any Fifth Circuit precedent on point, distinguished O'Carroll and Baugh; moreover, the Stewart court did so in the context of a passenger's claim for personal injuries.
Finally, in Margolis v. United Airlines, Inc., 811 F.Supp. 318 (E.D.Mich.1993), one more district court weighed in against Baugh. Margolis sued for injuries allegedly sustained when an item fell on her from an overhead bin. United moved to dismiss the complaint based on federal preemption. The court, with full cognizance and consideration of Morales, held that Margolis's claims were not preempted, and denied United's motion to dismiss. 811 F.Supp. at 319.
After Margolis, the Fifth Circuit has distanced itself from its own decision in Baugh. In Hodges v. Delta Airlines, Inc., 4 F.3d 350 (5th Cir.1993), the court said that Hodges' claim for injuries caused by an object falling from an overhead bin was not preempted, but nevertheless affirmed the district court's summary judgment in Delta's favor, with the observation that Baugh compelled that result. 4 F.3d at 356. The panel then suggested, in its opinion, en banc review.[15] The same day, the same panel also issued Smith v. America West Airlines, Inc., 4 F.3d 356 (5th Cir.1993), concerning state law negligence claims arising from an airliner hijacking, which the district court dismissed as preempted by section 1305. Again, the court was compelled, by its Baugh decision, to affirm. "Until this court overturns or modifies its opinions in Baugh and O'Carroll," it said, "further speculation on the preemptive scope of section 1305 is moot." 4 F.3d at 358.
On January 12, 1994, the Fifth Circuit ordered Hodges reheard en banc. See 12 F.3d 426.
Unlike the Salley and Stewart courts, and the Fifth Circuit itself, this Court is not bound to follow the decisions of the Fifth Circuit or the other lower federal courts. Carlisle v. Philip Morris, Inc., 805 S.W.2d 498, 505 (Tex.App.-Austin 1991); Barstow v. State, 742 S.W.2d 495, 501 n. 2 (Tex.App.-Austin 1987, writ denied); Woodard v. Texas Dept. of Human Resources, 573 S.W.2d 596, 598 (Tex.Civ.App.-Amarillo 1978, writ ref'd n.r.e.). We are free to interpret federal law independently, though in the first instance we typically seek guidance from among the decisions of the lower federal courts. See ASARCO v. Kadish, 490 U.S. 605, 617, 109 S.Ct. 2037, 2045, 104 L.Ed.2d 696 (1989) (state courts possess authority, absent provision for exclusive federal jurisdiction, to render binding judicial decisions that rest on their own interpretations of federal law).[16] When we do seek that guidance, we may choose to depart from the course the Fifth Circuit has taken, and instead follow decisions of other circuits or even those of federal district courts, if we find those decisions to be better-reasoned.[17] That is the case here.
Were we to follow O'Carroll and Baugh, then, absent an extension of the implied cause of action under section 1374 *503 found in O'Carroll to the redress of personal injuries incurred while receiving airline services, the Kiefers and others similarly situated would have no legal remedy. In the absence of a clear Congressional expression of both an intention to effect that very result and a legitimate governmental purpose for it, we find such a result unlikely, and we are unwilling to believe that it is in keeping with Congress' intent. In statutory construction, our interpretation must be fair, rational, and reasonable, Wilkomirski v. Texas Criminal Information Center, 845 S.W.2d 424, 426 (Tex.App.-Houston [1st Dist.] 1992, no writ), and contrary conclusions or deductions are to be avoided, Texas Employers' Ins. Ass'n v. Holmes, 145 Tex. 158, 196 S.W.2d 390, 409 (1946) (dissenting opinion).[18] We find ourselves in the same position that once confronted the U.S. Supreme Court, when considering a similar contention that a state common-law tort action was preempted by federal law:
Here Congress has neither provided nor suggested any substitute for the traditional state court procedure for collecting damages for injuries caused by tortious conduct. For us to cut off the injured [parties] from this right of recovery will ... in effect, grant [the alleged tortfeasor] immunity from liability for [its allegedly] tortious conduct. We see no substantial reason for reaching such a result.
United Constr. Workers v. Laburnum Constr. Corp., 347 U.S. 656, 663-64, 74 S.Ct. 833, 837, 98 L.Ed. 1025 (1954). Likewise, in the absence of a clear Congressional expression of an intention to preempt state common-law negligence claims for personal injuries arising out of the services of an air carrier, we see no substantial reason to hold that the Kiefers' claims are preempted by section 1305, only to likely hold, in turn, that an implied cause of action under section 1374 to redress those same injuries necessarily exists.
The decision we reach here finds further support in the United States Supreme Court's decision in Morales v. Trans World Airlines, Inc., ___ U.S. ____, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992). There, the Court considered whether the 1978 Act "preempts the States from prohibiting allegedly deceptive airline fare advertisements through enforcement of their general consumer protection statutes." ___ U.S. at ____, 112 S.Ct. at 2034. The Court answered that question in the affirmative, holding that the particular fare advertising provisions before it, embodied in the Air Travel Industry Enforcement Guidelines promulgated by the National Association of Attorneys General, were expressly preempted by section 1305. ___ U.S. at ____, 112 S.Ct. at 2041.
As noted above,[19] the Court vacated the West decision for reconsideration in light of Morales. ____ U.S. at ____, ____, 112 S.Ct. at 2932, 2986. In doing so, however, the Court, on our reading, neither disagreed with the Ninth Circuit's conclusion in West that state laws that merely have some tangential effect on airline services are not preempted, nor adopted the contrary reasoning Northwest had successfully urged upon the district court in West. The five-member Morales majority acknowledged that some state actions may affect rates, routes or services in "too tenuous, remote, or peripheral a manner" to be preempted by even the expansive "relates to" preemptive language of section 1305, but then held, simply, that the facts before the Court did not present a borderline question, and declined to express any view about "where it would be appropriate to draw the line." ___ U.S. at ____, 112 S.Ct. at 2040. Moreover, the three dissenters in Morales reasoned much as had the West court, saying "the presumption against pre-emption of traditional state regulation counsels that we not interpret [section 1305(a)] to pre-empt every traditional state regulation that might have some indirect connection *504 with or relationship to airline rates, routes, or services unless there is some indication that Congress intended that result." ___ U.S. at ____, 112 S.Ct. at 2056. Looking beyond the language of section 1305 itself to divine the underlying Congressional intent, the dissent first noted (as had the majority) that when Congress enacted the 1978 Act, it retained the savings clause of the 1958 Act, codified at 49 U.S.C.A.App. § 1506 (West 1976), that had preserved common-law and statutory remedies.[20] The dissent next observed that "the state prohibitions against deceptive practices that had coexisted with federal regulation in the airline industry for 40 years [between 1938 and 1978] ... were not mentioned in either the [1978 Act] or its legislative history"; then analyzed the House, Senate, and Conference Reports on the 1978 Act,[21] and found "no indication that House and Conferees thought ... [the House's] `relating to rates, routes, or services' [language] pre-empted substantially more than state laws `regulating rates, routes, or services'"; and, ultimately, concluded that Congress had not intended, in the 1978 Act, to "pre-empt every state and local law and regulation that ... increases the airlines' costs of doing business and, consequently, has a ... `significant impact' upon their rates[, routes, or services]." ___ U.S. at ____, ____, ____, 112 S.Ct. at 2057, 2058, 2059.
Here, like the Morales dissenters, we have also reviewed the 1978 Act and the associated House, Senate, and Conference Reports, and we find no express reference to suits for personal injuries arising out of the services of an air carrier. However, section 20(d)(1) of the 1978 Act, codified at 49 U.S.C.A.App. § 1371(q) (West Pamph.1994), imposes a requirement that an air carrier maintain insurance, as ordered by the Civil Aeronautics Board,[22] for paying "amounts for which ... such air carrier may become liable for bodily injuries to or the death of any person, or for loss of or damage to property of others, resulting from the operation or maintenance of aircraft[.]" Section 33(a) of the 1978 Act, codified in pertinent part at 49 U.S.C.A.App. § 1389(h) (West Pamph.1994), repeats, without material difference, that same requirement, imposing it as a prerequisite to any air carrier receiving government compensation for providing essential air service to small communities; and section 32, codified in pertinent part at 49 U.S.C.A.App. § 1386(b)(4) (West Pamph.1994), imposes upon so-called commuter air carriers a similar requirement that they "conform[] to such liability insurance requirements ... as the Board shall from time to time adopt in the public interest." Plainly, these insurance requirements contemplate that suits in which the plaintiffs seek compensation for personal injuries or property loss resulting from the operation or maintenance of aircraft will or may be brought against air carriers. Equally plainly, Congress did not, in the 1978 Act, intend to preclude such suits; if such suits were precluded, the insurance requirements of the Act would be nonsensical, given that they would unnecessarily financially burden air carriers while providing no substantial benefit to the public in return.
Neither the 1978 Act nor any of the three Congressional reports elaborates upon or further explains these insurance requirements, or their relation to the suits they contemplate. Moreover, neither the Act nor the reports mentions the forum or fora in which Congress contemplated such suits would or might be brought, or the source or sourcesi.e. state law or federal lawof the causes of action that might be pleaded in any such suit. In the absence of any such mention, *505 we conclude that Congress did not intend to alter existing law on either matter.
As did the Morales majority, we express no opinion about precisely where the delineation between those state laws which are preempted by section 1305, and those which are not, properly should lie. Likewise, we also believe that the facts before us do not present a borderline case. The Morales court decided that the state laws at issue there, regulating airline fare advertisements, lay well on one side of that yet-to-be-delineated border. Personal injury suits, traditionally within the separate sphere of governmental authority reserved to the states under our federalist system, likewise lie well on the other side of that border.
Even though they generally have the potential to increase the air carrier's cost of doing business, claims for personal injuries are not preempted by section 1305 merely because they arise from a factual setting involving airline services. We hold that the Kiefers' respective state common-law negligence claims for personal injuries and loss of society were not expressly preempted by section 1305.
In addition to express preemption, federal law may also preempt state law either by implication from pervasiveness of a federal regulatory scheme which indicates a Congressional intent to occupy the field, or, to the extent of the conflict, by conflict with state law. O'Carroll, 863 F.2d at 12; Osburn v. Anchor Laboratories, 825 F.2d 908, 911 (5th Cir.1987), cert. denied, 485 U.S. 1009, 108 S.Ct. 1476, 99 L.Ed.2d 705 (1988). However, we read the trial court's order as having granted summary judgment exclusively on the basis of express preemption. Accordingly, neither implied preemption nor preemption by conflict may be considered here as grounds for affirming the summary judgment.
At the time it ruled, the trial court lacked the guidance of Stewart and Morales in particular, and the court erred when it granted summary judgment for Continental on the Kiefers' state common-law negligence claims.
Point of error one is sustained.
In their remaining points of error, the Kiefers complain of the denial of the motion for new trial or to alter or amend the summary judgment, and assert that the summary judgment was erroneous because they have an implied cause of action under section 404 of the 1958 Act (point two); because they have a cause of action under federal common law (point three); and because if section 1305 is applied so that they have no legal remedy for the injuries they suffered here, then the Act as a whole and/or section 1305 violates the equal protection of the laws guaranteed to them under the fourteenth amendment (point four). In their prayer for relief, the Kiefers plainly state that they seek a holding that section 1305 does not preempt their state common-law cause of action, and a consequent reversal and remand to the trial court for trial on the merits. Their prayer shows that they present points two through four only in the alternative. Accordingly, having sustained the Kiefers' first point of error, we do not reach their remaining points. We express no opinion on the trial court's denial of the Kiefers' motion for new trial or to alter or amend the summary judgment.
The summary judgment for Continental on the Kiefers' state common-law negligence claims is reversed and remanded for trial on the merits.
HUTSON-DUNN, J., dissenting.
HUTSON-DUNN, Justice, dissenting.
Appellant's first point of error raises the issue of whether § 1305 of the Airline Deregulation Act preempts its state tort law causes of action.
In 1978, Congress enacted the Airline Deregulation Act (ADA). 49 U.S.C.A.App. §§ 1301-1389 (West 1976 & Supp.1994). To ensure that the States would not undo federal deregulation with regulation of their own, Congress included a preemption provision, prohibiting the States from enacting or enforcing "any law ... relating to rates, routes or services of any air carrier...." 49 U.S.C.A.App. § 1305(a)(1). An analysis of the interpretation and scope of this clause should begin with a thorough review of the *506 U.S. Supreme Court's decision in Morales v. Trans World Airlines, Inc., ___ U.S. ____, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992).
The Morales case dealt with the question of whether the ADA preempts the States from prohibiting allegedly deceptive airline fare advertisements through enforcement of their general consumer protection statutes. The Court emphasized that preemption can be either "express or implied, and is compelled whether Congress' command is explicitly stated in the statute's language or implicitly constrained in its structure or purpose." Id. at ____, 112 S.Ct. at 2036. The Court also noted that the issue is one of statutory intent, in which case it must address the specific language used by Congress under the assumption that "the ordinary meaning of that language accurately expresses the legislative purpose." Id. It is clear from the language employed by Congress that § 1305 expressly preempts the states from enacting or enforcing "any law ... relating to rates, routes or services of any air carrier...." Id. at ____, 112 S.Ct. at 2036-37. Having determined that § 1305 provides for express preemption, we must address the scope of such preemption.[1]
In determining the scope of § 1305 preemption, the Court concentrated on the meaning of the phrase "relating to." Id. at ____, 112 S.Ct. at 2037. In order to ascertain the meaning of "relating to," the Court looked at both the ordinary meaning of such words and the meaning ascribed to them in the context of the similarly worded preemption provision of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1144(a), which provides for preemption of "all State laws insofar as they ... relate to any employee benefit plan." Id. (emphasis added). The Court recognized that the ordinary meaning of "relating to" is a broad one, "to stand in some relation; ... refer; to bring into association with or connection with," (citing Black's Law Dictionary 1158 (5th ed. 1979)), such that the phrase expresses a broad preemptive purpose. Id. The Court further noted that it has held that a state law "relates to" an employee benefit plan, and is preempted by ERISA, "if it has a connection with or reference to such a plan." Id. (citing Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 97-98, 103 S.Ct. 2890, 2900, 77 L.Ed.2d 490 (1983)). The Morales Court then concluded that since the relevant language of the ADA is identical to that of ERISA, it is appropriate to adopt the same standard to such language. Hence, it held that any state laws having "a connection with or reference to airline `rates, routes, or services' are preempted under 49 U.S.C.App. § 1305(a)(1)." Morales, ___ U.S. at ____, 112 S.Ct. at 2037.
The Court did, however, recognize a limit to the broad preemptive effect of the language used in § 1305(a)(1). It noted that some state actions, despite "relating to" "rates," may affect airline fares "in too tenuous, remote, or peripheral a manner to have preemptive effect." Id. at ____, 112 S.Ct. at 2040 (citing Shaw, 463 U.S. at 101, 103 S.Ct. at 2901). The Court then refrained from expressing an opinion as to where it would be appropriate to draw the line, since the facts before it, as in Shaw, plainly did not present a borderline question. Therefore, we must address both whether appellant's state tort-law claims have a "connection with" or "reference to" airline "rates, routes, or services"; and, if so, whether said relation is too tenuous, remote, or peripheral to have a preemptive effect.
Appellant asserted a state common-law negligence cause of action, alleging that a Continental flight attendant dropped a bag from an overhead storage bin onto appellant's head. Appellee contends that such a claim "relates to" "services" and thus is preempted by § 1305(a)(1). In order to determine whether this state-law tort claim is indeed preempted, we must ascertain the scope of the term "services" as used in § 1305(a)(1). Although the term "services" is not defined within the ADA, it is not, as the appellant contends, ambiguous; therefore, we need not scurry to the legislative history in order to derive its meaning.[2] As *507 Morales instructs, we may assume that the ordinary meaning of the specific language used by Congress accurately expresses the legislative purpose. The ordinary meaning of the term "service" is: "help, use, benefit; contribution to the welfare of others." Webster's Ninth New Collegiate Dictionary 1076 (1991). Appellant, though, contends that § 1305 states the term "services" in the context of the specific terms "rates" and "routes" such that the former term should be controlled by the latter terms. However, appellant offers no explanation as to how such terms would precisely alter the ordinary meaning of the term "services"; rather, appellant merely asserts that the ADA was intended to address economic issues only. I fail to see how the terms "rates" and "routes" require us to ascribe any meaning to the term "services" other than its aforementioned ordinary meaning.
Although no reported Texas cases have addressed the scope of the term "services" within the context of § 1305(a)(1), numerous federal district and circuit courts have. The cases are fairly evenly divided between those holding that the claim was "related to" "services" and therefore preempted by § 1305,[3] and those holding precisely the opposite.[4] Three of the cases involved factual settings almost identical to the case sub judice.
In Margolis, a passenger who was allegedly struck by a luggage carrier which fell from an overhead bin brought a state-law negligence claim against the airlines and its employees. Apparently content with skirting the inconvenience of attempting to apply the precise language expressed in the statute, the court concluded that such claim was not preempted under § 1305(a)(1); asserting that Congress did not intend to preempt this type of common-law claim. Margolis, 811 F.Supp. at 322. As support for this contention, the court emphasized that the passenger would otherwise be left without a remedy.[5]Id. However, it is well settled that "where Congress has expressly preempted state common law damages actions ... its failure to provide a federal remedy will not defeat its intent to preempt state law." Stamps v. Collagen Corp., 984 F.2d 1416, 1425 (5th Cir.), cert. denied, ___ U.S. ____, 114 S.Ct. 86, 126 L.Ed.2d 54 (1993); see also Caterpillar Inc., v. Williams, 482 U.S. 386, *508 392, 107 S.Ct. 2425, 2429, 96 L.Ed.2d 318 (1987).[6]
In Heller, a passenger brought a negligence claim, alleging that the airlines' negligence caused a bag to fall from an overhead compartment onto her head. The court followed Margolis, agreeing that § 1305(a)(1) "does not go so far as to require preemption of a common-law negligence claim against an airline" arising out of "such an incident." Heller, WL 330093 at 2. The court concluded from the language and purpose of § 1305, that it "was not intended to be an insurance policy for air carriers against their own negligence." Id. (citing Margolis, 811 F.Supp. at 324). As noted above, the Margolis court failed to apply the Supreme Court's standard of broad preemption enunciated in Morales. Furthermore, the court erroneously relied on the prospect of leaving the passenger without a legal remedy in determining the preemptive effect of § 1305. Since Heller relies exclusively on Margolis, I find it to be unpersuasive as well.
In Zachary, a passenger, who was allegedly struck during flight by a suitcase which fell from an overhead compartment, brought a claim asserting that the airlines and its flight attendants rendered negligent services. The court noted that the United States Court of Appeals for the Fifth Circuit has held that by enacting § 1305, Congress intended to preempt state law claims relating to the services of an air carrier. Zachary, 1991 WL 487289 at 2 (citing O'Carroll v. American Airlines, Inc., 863 F.2d 11, 13 (5th Cir. 1989)).[7]
The majority takes notice of both O'Carroll and Baugh, but contends that since the former is distinguishable and the latter follows the former, neither control the disposition of this case. The majority asserts that O'Carroll involved alleged wrongful exclusion from a flight, an "entirely different variety of injury than at issue here." Although true, such difference does not render O'Carroll distinguishable. The O'Carroll court concluded that the state-law negligence claims were preempted by § 1305(a)(1) because they related to services. See O'Carroll, 863 F.2d at 12-13. I believe that the case stands for the general proposition that negligence claims are preempted by § 1305 if they are "related to" "services"; and the court in Baugh evidently agreed. In Baugh, the court noted that the issue was whether § 1305 "preempts a state law action of negligence relating to services aboard a commercial aircraft." Baugh, at 2. The court then concluded that since "O'Carroll ... is controlling, we find that it does." Id. In support of such conclusion, the court asserted that "since Baugh alleges her injury occurred during a flight and was caused by a flight attendant in the course of employment, the negligence action arises out of the services afforded passengers" by the air carrier. Id. at 3.
After dispensing of O'Carroll and Baugh, the majority then addresses the cases which it finds to be persuasive. The majority begins by citing three cases[8] which were wholly silent on the issue of preemption. It asserts that such silence indicates that the personal injury claims before those courts were not preempted by § 1305. One need not reflect at length to conclude that such an assertion, if adopted by this court, would set a dreadful precedent.[9] The only thing that *509 ought to be inferred from these cases is that if a party fails to raise the issue of preemption, the claims asserted against it cannot not be preempted. It is thus clear that the majority's reliance on said cases is misplaced as they are inapposite.
In West, a ticket holder, who was denied a seat on an overbooked flight, sued Northwest Airlines for breach of the covenant of good faith and fair dealing under Montana law. The Ninth Circuit, purporting to apply the reasoning in Morales, held that West's claim for punitive damages under state contract and tort law was preempted by § 1305, but his claim for compensatory damages was not. West, at 151-52. The West majority opined that "the state contract and tort laws under which West seeks relief are within that range of statutes too tenuously connected to airline regulation to trigger preemption under the ADA, what the Morales court called `borderline questions.'" Id. Since the Morales court did not address where it would be appropriate to draw the line, the West majority determined that it should look to agency regulations for guidance. Id. The West majority then noted that "if Congress has explicitly left a gap for the agency to fill, there is an express delegation of authority to the agency to elucidate a specific provision of the statute by regulation." Id. The court cited a regulation as expressly contemplating that an injured passenger may seek relief in court for being bumped from an overbooked flight. Id. (citing 14 C.F.R. § 250.9(b) (1990)). The court concluded that this option would be eviscerated if it were to hold that West's claims were completely preempted. Id. at 152-53. I would choose not to follow West because of its misapplication of Morales. As the dissent in West noted, the court must first resort to the express language of the preemption statute and the Morales Court made clear that the "relating to" language is to have a very broad scope. Id. at 153; Morales, ___ U.S. at ____ _ ____, 112 S.Ct. at 2036-37. The dissent then emphasized that the claim is thus preempted "unless we can say that West's action to recover damages for his being bumped from the flight does not "relate to" airline services." West, at 153. The West majority, however, pounced on the caveat at the end of Morales and baldly concluded that the claims asserted were so tenuous as to present a "borderline question." Id. at 151. I fail to see how the West court was presented with a "borderline question."[10] In any event, as will be explained below, we are certainly not presented with a "borderline question" in this case.
In Salley, state-law claims and a federal claim under § 1374 were brought based on the airline's refusal to transport plaintiffs. The district court initially granted partial summary judgment, holding that the state-law claims were preempted under § 1305. Upon Salleys' motion for reconsideration, however, the court held that such claims were not preempted on two grounds: 1) the Salleys would otherwise be left without a cause of action; and 2) the claims were not in conflict with any provision of the ADA. Salley, 723 F.Supp. at 1166. As I have noted above, the presumption against preemption of state-law remedies where no federal remedy exists arises only in the context of implied preemption. Stamps, 984 F.2d at 1425; see also Caterpillar Inc., 482 U.S. at 392, 107 S.Ct. at 2429. Since § 1305 clearly provides for express preemption, I do not address the possible lack of a cause of action in determining whether appellants' state-law claims are preempted. The second ground relied upon in Salley has been expressly rejected in Morales. The Morales court held that "nothing in the language of § 1305(a)(1) suggests that its `relating to' preemption is limited to inconsistent state regulation; and once again our ERISA cases have settled the matter: `The preemption provision ... displace[s] all state laws that fall within its sphere, even including state laws that are consistent with ERISA's substantive requirements.'" Morales, ___ U.S. at ____, 112 S.Ct. at 2038.
The final case upon which the majority relies is the Stewart case. In Stewart, the nose wheel of the aircraft deflated during flight causing a passenger to be jostled back and forth and allegedly suffer injuries. Said *510 passenger brought state-law tort claims, asserting that American negligently maintained and operated the aircraft. Although the court did indeed hold that said claims were not preempted by § 1305, the majority fails to take notice of the reasoning underlying such holding; reasoning I find to be particularly persuasive. The Stewart court opined: "it is far from clear that, in the instant case, Plaintiff's claims relate to "services" within the meaning of § 1305. First, those cases which have held that a Plaintiff's claims were claims relating to "services" and therefore preempted by § 1305 all involved services provided by individual airline employees directly to passengers, such as ticketing, boarding, in-flight service, and the like." Stewart, 776 F.Supp. at 1197 (emphasis added).[11] The court then concluded that: "In the instant case, Plaintiff's claims are more like those arising out of an air crash than those considered in O'Carroll and Smith. Plaintiff does not allege that Defendant negligently provided such services as boarding, ticketing, and the like. Rather, he simply alleges that he was injured when the airplane malfunctioned during the course of his flight, and that Defendants' negligent maintenance and operation was the legal and proximate cause of his injuries." Id. at 1198.[12]
As noted above, Morales instructs us that claims "relate to" "services" if they have a "connection with" or "reference to" "services." In our case, appellant brought a state law negligence claim, alleging that a Continental flight attendant dropped a bag from an overhead storage bin onto her head. In light of Morales and the aforementioned ordinary meaning ascribed to the term "services," I fail to see how one can determine that such a claim does not have a "connection with" or "reference to" "services." As in Baugh, the alleged injury here occurred during a flight and was caused by a flight attendant in the course of employment, such that the negligence action arises out of the services provided by the airline. Baugh, at 3. Furthermore, as noted above, the cases which have held that a plaintiff's claims were related to services and thus preempted all involved "services provided by individual airline employees directly to passengers, such as ticketing, boarding, in-flight service, and the like." Stewart, 776 F.Supp. at 1197. If a negligence claim arising out of a flight attendant's retrieval of a passenger's bag does not "relate to" services, I cannot imagine what would.
Our last task is to address whether the negligence claim asserted by appellant, although related to services, affects airline services in too tenuous, remote, or peripheral a manner to be preempted by § 1305. Morales, ___ U.S. at ____, 112 S.Ct. at 2040. The majority concluded, as did the Morales majority, that the facts before us do not present a borderline question. Although I agree with the majority that we are not presented with a borderline question, I believe that the facts before us take us to the opposite side of the border. The claim at issue directly affects airline services because it immediately arises from the allegedly inadequate provision of such services. Williams v. Express Airlines I, Inc., 825 F.Supp. 831, 833 (W.D.Tenn.1993). In addition, the claim has the potential either to increase the cost of providing such services or coerce airlines *511 into discontinuing them.[13] I also note that those cases[14] which have held that a claim did not relate to services, or that such relation was too tenuous, involved claims which arose from allegedly negligent maintenance, operation or design of aircraft or airport facilities.[15]
I must address one final issue which has not been addressed in any reported case dealing with § 1305 preemption. Section 1371(q)(1) of the ADA, in pertinent part, provides: "No certificate shall be issued or remain in effect unless ... the air carrier... complies with regulations or orders issued by the Board governing the filing and approval of policies of insurance ... which are conditioned to pay, within the amount of such insurance, amounts for which such ... air carrier may become liable for bodily injuries to or the death of any person ... resulting from the operation or maintenance of aircraft under such certificate." 49 U.S.C.A.App. § 1371(q)(1) (West Pamph. 1993). Appellant contends that since § 1371(q)(1) of the ADA requires airlines to carry liability insurance, it would be nonsensical to conclude that Congress intended to preempt personal injury claims under § 1305(a)(1). I agree that in expounding a statute the court must consider the provisions of the whole law. See Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 51, 107 S.Ct. 1549, 1555, 95 L.Ed.2d 39 (1987). I disagree, however, that the aforementioned sections are conflicting. The United States Supreme Court has said: "[W]here Congress includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion." Russello v. United States, 464 U.S. 16, 23, 104 S.Ct. 296, 300, 78 L.Ed.2d 17 (1983). Section 1305(a)(1) refers to "rates, routes, or services," while § 1371(q)(1) refers to bodily injury or death "resulting from the operation or maintenance of aircraft." Had Congress intended to require liability insurance for bodily injury resulting from "services," it presumably would have referred to "services" expressly in § 1371 as it did in § 1305. Likewise, had Congress intended to preempt state laws relating to the operation or maintenance of any air carrier, it presumably would have expressly done so in § 1305. Since Congress employed different language in the two sections, I would refrain from concluding that such language has the same meaning in each. Id. As did the Russello court, I do not ascribe this difference to a mere mistake in draftsmanship. Id.
Section 1305(a)(1) unambiguously provides for express preemption of state law claims "relating to" "services." See Morales, ___ U.S. at ____, 112 S.Ct. at 2037. As many courts have instructed, we must "take the intent of Congress ... to be that which its language clearly sets forth." See, e.g., United States v. Evinger, 919 F.2d 381, 383 (5th Cir.1990) (citing Horton v. Liberty Mutual Ins. Co., 367 U.S. 348, 352, 81 S.Ct. 1570, 1573, 6 L.Ed.2d 890 (1961)). I am thus compelled by both Morales and the rules of statutory construction to conclude, as did the *512 trial court, that appellant's state-law negligence claims are preempted.
I respectfully dissent.
NOTES
[1] Act of October 24, 1978, Pub.L. No. 95-504, 1978 U.S.C.C.A.N. (92 Stat.) 1705, 1707 (1978).
[2] The Airline Deregulation Act of 1978 amended the Federal Aviation Act of 1958. See the preamble to the 1978 Act, 1978 U.S.C.C.A.N. at (92 Stat.) 1705.
[3] Act of August 23, 1958, Pub.L. No. 85-726, 1958 U.S.C.C.A.N. (72 Stat. 731) 855, 888 (1958).
[4] Section 1374 states, in pertinent part, that all air carriers must "provide safe and adequate service[.]"
[5] Fifth Circuit local rule 47.5, as in effect at the time Baugh was decided, indicates that its opinions go unpublished only when, in the court's own assessment, they have "no precedential value." Baugh, slip. op. at 1 n. 1. Unlike rule 90 of the Texas Rules of Appellate Procedure, however, the federal rule does not expressly prohibit the citation of unpublished opinions as authority. Accordingly, without deciding whether Continental is entitled, as a matter of right, to have us consider Baugh here, we will do so.
[6] The Fifth Circuit's opinion recites that the district court found "that the Federal Aviation Act..., 49 U.S.C.App. §§ 1301 et seq., preempted Baugh's state law claim"; its discussion of the law, however, focuses specifically on section 1305.
[7] See Baugh, slip. op. at 3 ("Section 1305 clearly applies to Baugh's state law negligence claim. Since Baugh alleges her injury occurred during a flight and was caused by a flight attendant in the course of employment, the negligence action arises out of the services afforded passengers by TWA.").
[8] 776 F.Supp. 1194 (S.D.Tex.1991).
[9] Seidman v. American Airlines, Inc., 923 F.2d 1134 (5th Cir.1991).
[10] The U.S. Supreme Court vacated the West decision for reconsideration in light of Morales v. Trans World Airlines, Inc. We consider Morales below.
[11] The Salley court relied on 49 U.S.C.A.App. § 1551(a)(4)(C) for its conclusion that section 1374 ceased to be effective on January 1, 1985. We reach a different conclusion.
Section 1551 is the codification of section 1601 of the 1958 Act, which was first added to the 1958 Act by section 40(a) of the 1978 Act. The particular portion of section 1551 that the Salley court relied upon was added by section 3(c) of the Civil Aeronautics Board Sunset Act of 1984, Act of October 4, 1984, Pub.L. No. 98-443, 1984 U.S.C.C.A.N. (98 Stat.) 1703, 1703 (1984).
Section 1551(a)(4)(C), as in effect when Salley was decided, states, in pertinent part,
(a) Termination of authority
. . . .
(4) The following provisions ... (to the extent [they] relate to interstate and overseas air transportation) and the authority of the [Civil Aeronautics] Board with respect to such provisions (to the same extent) shall cease to be in effect on January 1, 1985: ...
(C) Section 1374 of this title (except insofar as such section requires air carriers to provide safe and adequate service).
49 U.S.C.A.App. § 1551(a)(4)(C) (West Pamph.1994) (emphasis added).
The Salley court did not address the proviso portion of section 1551(a)(4)(C); it evidently overlooked both that proviso and sections 1551(b)(1)(E) and (b)(2), which state:
(b) Transfer of certain authority
(1) The following authority of the [Civil Aeronautics] Board is transferred to the following Federal departments and instrumentalities:
. . .
(E) All authority of the Board under this chapter which is not terminated under [49 U.S.C.A.App. § 1551(a)] on or before January 1, 1985, and is not otherwise transferred under this subsection is transferred to the Department of Transportation.
(2) Any authority transferred under paragraph (1) of this subsection shall take effect on January 1, 1985.
49 U.S.C.A.App. § 1551(b)(1)(E), (b)(2) (West Pamph.1994).
[12] The court considered Stewart's motion to remand together with American's motion to dismiss, reasoning that the applicability of an exception to the well-pleaded complaint rule (which, if applicable, would have allowed the suit to remain in federal court) was governed by whether Stewart's claims were, in fact, preempted. 776 F.Supp. at 1195, 1196.
[13] Illinois Corp. Travel v. American Airlines, 889 F.2d 751 (7th Cir.1989), cert. denied, 495 U.S. 919, 110 S.Ct. 1948, 109 L.Ed.2d 311 (1990); Anderson v. USAir, 818 F.2d 49 (D.C.Cir.1987); Smith v. America West Airlines, No. H-91-1550, 1991 WL 296832 (S.D.Tex. August 30, 1991) (unpublished); Von Anhalt v. Delta Air Lines, Inc., 735 F.Supp. 1030 (S.D.Fla.1990).
[14] Silkwood v. Kerr McGee Corp., 464 U.S. 238, 104 S.Ct. 615, 78 L.Ed.2d 443 (1984); Nader v. Allegheny Airlines, 426 U.S. 290, 96 S.Ct. 1978, 48 L.Ed.2d 643 (1976); Seidman v. American Airlines, Inc., 923 F.2d 1134 (5th Cir.1991); Bieneman v. City of Chicago, 864 F.2d 463 (7th Cir.1988), cert. denied, 490 U.S. 1080, 109 S.Ct. 2099 and 2100, 104 L.Ed.2d 661 (1990); In re Air Crash Disaster at John F. Kennedy Int'l Airport, 635 F.2d 67 (2d Cir.1980); In re Air Crash Disaster at Sioux City, Iowa, 734 F.Supp. 1425 (N.D.Ill.1990); In re Air Crash Disaster at Stapleton Int'l Airport, 721 F.Supp. 1185 (D.Colo. 1988).
[15] In the Fifth Circuit, all opinions, even unpublished ones, bind subsequent panels absent a contrary decision of the U.S. Supreme Court or of the Fifth Circuit itself sitting en banc. Garcia v. United States, 22 F.3d 609, 611 (5th Cir.1994).
[16] Accord, United States ex rel. Lawrence v. Woods, 432 F.2d 1072, 1076 (7th Cir.1970), cert. denied, 402 U.S. 983, 91 S.Ct. 1658, 29 L.Ed.2d 148 (1971) (lower federal courts exercise no appellate jurisdiction over state tribunals and therefore their decisions are not conclusive on state courts); Owsley v. Peyton, 352 F.2d 804, 805 (4th Cir.1965) ("Though state courts may for policy reasons follow the decisions of the [federal] Court of Appeals whose circuit includes their state, ... they are not obliged to do so.").
[17] Cf. Wolens v. American Airlines, 207 Ill.App.3d 35, 152 Ill.Dec. 16, 565 N.E.2d 258 (1990), aff'd, 147 Ill.2d 367, 168 Ill.Dec. 133, 589 N.E.2d 533 (1992), vacated ___ U.S. ____, 113 S.Ct. 32, 121 L.Ed.2d 6 opinion after remand, 626 N.E.2d 205, 157 Ill.2d 466, 193 Ill.Dec. 172 (1993) (in course of holding state-law damage action against airline for engaging in deceptive practices was not preempted by the 1958 Act, despite O'Carroll and similar decisions, Illinois intermediate appellate court relied upon decisions of Ninth and Second Circuits; federal district courts in Ninth, Second, Seventh, and Third Circuits; and Louisiana and California state court decisions, in addition to Seventh Circuit decisions, without lending the latter any special weight).
[18] Cf. Florida Power & Light Co. v. Lorion, 470 U.S. 729, 742, 105 S.Ct. 1598, 1606, 84 L.Ed.2d 643 (1985) ("Absent a far clearer expression of congressional intent, we are unwilling to read the [Atomic Energy] Act as creating such a seemingly irrational bifurcated system."); Ridgway v. Gulf Life Ins. Co., 578 F.2d 1026, 1031 (5th Cir.1978) ("It is irrational to suppose that the [Texas] legislature intended to prohibit motor carriers from insuring their employees, as urged by Gulf.").
[19] See n. 10, supra.
[20] Section 1506 provides, "Nothing contained in this Act shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies." This language first appeared in the Civil Aeronautics Act of 1938, the predecessor to the 1958 Act. ___ U.S. at ____ nn. 3 & 4, 112 S.Ct. at 2056 nn. 3 & 4 and accompanying text.
[21] H.R.Rep. No. 1211, 95th Cong., 2d Sess. (1978), reprinted in 1978 U.S.C.C.A.N. 3737; S.Rep. No. 631, 95th Cong., 2d Sess. (1978); H.R.Conf.Rep. No. 1779, 95th Cong., 2d Sess. (1978), reprinted in 1978 U.S.C.C.A.N. 3773.
[22] This authority is now exercised by the federal Department of Transportation, pursuant to 49 U.S.C.A.App. § 1551(b)(1)(E) and (b)(2). See n. 11, supra.
[1] It should be noted the majority also recognizes that § 1305 provides for express preemption.
[2] In Morales, the dissent looked beyond the express language of § 1305 to determine the congressional intent. The majority here, apparently finding such approach persuasive, also chose to review the legislative history of the statute. However, in response to the dissent's excursion, the Morales majority remarked that "legislative history need not confirm the details of changes in the law effected by statutory language before we will interpret that language according to its natural meaning." Morales, ___ U.S. at ____, 112 S.Ct. at 2038.
[3] Baugh v. Trans World Airlines, No. 90-2074, slip op. (5th Cir. Sept. 14, 1990) (unpublished); Anderson v. USAir, Inc., 818 F.2d 49 (D.C.Cir. 1987); Hingson v. Pacific Southwest Airlines, 743 F.2d 1408 (9th Cir.1984); Smith v. America West Airlines, Inc., 1991 WL 296832 (S.D.Tex., Aug. 30, 1991), aff'd 4 F.3d 356 (5th Cir.1993); Von Anhalt v. Delta Air Lines, Inc., 735 F.Supp. 1030 (S.D.Fla.1990); Williams v. Express Airlines I, Inc., 825 F.Supp. 831 (W.D.Tenn.1993); Lawal v. British Airways, PLC, 812 F.Supp. 713 (S.D.Tex. 1992); Howard v. Northwest Airlines, Inc., 793 F.Supp. 129 (S.D.Tex.1992).; Zachary v. Northwest Airlines, Inc., 1991 WL 487289 (S.D.Tex., Mar. 22, 1991). In addressing Baugh, the majority contends that Fifth Circuit local rule 47.5 indicates that opinions go unpublished when the court determines they have no precedential value. This contention, although technically accurate, is quite misleading. Local Rule 47.5 provides that the "publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession" (Emphasis added.) Hence, it is clear that the Baugh court determined that its opinion was decided on the basis of "well-settled principles of law."
[4] West v. Northwest Airlines, Inc., 995 F.2d 148 (9th Cir.1993), cert. denied, ___ U.S. ____, 114 S.Ct. 1053, 127 L.Ed.2d 374 (1994); Stewart v. American Airlines, Inc., 776 F.Supp. 1194 (S.D.Tex.1991); Heller v. Delta Air Lines, Inc., 1993 WL 330093 (S.D.N.Y., Aug. 25, 1993); In re Air Disaster, 819 F.Supp. 1352 (E.D.Mich.1993); Butcher v. City of Houston, 813 F.Supp. 515 (S.D.Tex.1993); Margolis v. United Airlines, Inc., 811 F.Supp. 318 (E.D.Mich.1993).
[5] The court in Hodges v. Delta Airlines, Inc., 4 F.3d 350, 354 (5th Cir.1993), felt that preemption should not apply in a case such as the one before this Court. The Fifth Circuit reasoned that Congress failed "to provide any federal remedy for persons injured by such conduct," and recognized a narrow definition of services. See note 6.
[6] The majority also expresses concern that were we to preempt appellant's state law claim, appellant (and others similarly situated) would be left with no legal remedy for her injuries. Unfortunately, it is clear that in determining whether a claim is preempted, this concern may only be addressed in the context of implied preemption. Stamps, 984 F.2d at 1425.
[7] In O'Carroll, the Fifth Circuit held that § 1305 preempted a ticket holder's state-law negligence claims for alleged wrongful exclusion from a flight, as such claims related to services. See O'Carroll, 863 F.2d at 13. The Fifth Circuit subsequently followed this decision in Baugh, a case involving facts similar to ours. In Baugh, a passenger brought a state-law action of negligence, alleging that a flight attendant stomped on her foot. The case is discussed in further detail below.
[8] Duchesne v. American Airlines, Inc., 758 F.2d 27 (1st Cir.1985); Smith v. Piedmont Airlines, Inc., 728 F.Supp. 914 (S.D.N.Y.1989); Plagianos v. American Airlines, Inc., 912 F.2d 57 (2nd Cir. 1990).
[9] We were to adopt such a proposition, any case could be interpreted as indicating that any and all defenses not addressed by the court in its opinion are implicitly invalid. In effect, we would be penalizing Continental here, for the apparent oversight of the airlines' counsel in the cited cases.
[10] As the dissent in West noted, "an airline's boarding practices certainly come within the ambit of the "airline services" which it provides to its customers. We expressly recognized this in our original opinion." Id. at 153.
[11] The Stewart court then cited O'Carroll, Smith, Anderson and Von Anhalt as examples of such cases. Id.
[12] The court observed that several courts have held that claims arising out of an "air crash" were not preempted. Id. (citing Air Crash Disaster at John F. Kennedy Int'l Airport, 635 F.2d 67, 74 (2d Cir.1980); In re Air Crash Disaster at Sioux City, Iowa, 734 F.Supp. 1425, 1428 (N.D.Ill.1990); In re Air Crash Disaster at Stapleton Int'l Airport, 721 F.Supp. 1185, 1187 (D.Colo.1988)). Id. at 1198. Each of these courts relied on the § 1506 "savings clause" to conclude that the claims were not preempted. The Morales court, however, has since expressly rejected this argument in holding that Congress did not intend "to undermine this carefully drawn statute through a general savings clause." Morales, ___ U.S. at ____, 112 S.Ct. at 2037; see also Baugh, at 4-5; O'Carroll, 863 F.2d at 13. Although we concur in the result in those cases, in light of Morales we would reach such result on different grounds. Apparently, each case involved claims arising out of maintenance and operation of the aircraft, rather than "services" directly provided to passengers by an airline employee. Therefore, as was decided in Stewart, the claims would not be preempted by § 1305(a)(1).
[13] The court in Hodges states that the Airline Deregulation Act was concerned solely with economics and not with safety deregulation citing the Civil Aeronautics Board's conclusion that "preemption extends to all of the economic factors that go into the provision of the quid pro quo for passenger's [sic] fare, including flight frequency and timing, liability limits, reservation and boarding practices, insurance, smoking rules, meal service, entertainment, [and] bonding and corporate financing." Hodges, 4 F.3d at 354-55. Then the court stated that enforcement of state tort remedies would not have the forbidden significant effect on airline service. Id. at 355. This is a contradiction within itself since a large verdict from a state cause of action can definitely affect the cost of services furnished by the airlines.
[14] Other than West, Heller and Margolis, which we have found to be unpersuasive for the aforementioned reasons.
[15] Public Health Trust v. Lake Aircraft, Inc., 992 F.2d 291, 294-95 (11th Cir.1993). (design defect claims unrelated to airline rates, routes or services and thus not preempted); In re Air Disaster, 819 F.Supp. 1352, 1363 (E.D.Mich.1993) (negligence claims against airline and pilot arising out of plane crash related to airline services in too tenuous a manner to warrant preemption); Butcher v. City of Houston, 813 F.Supp. 515, 518 (S.D.Tex.1993) ("services" does not contemplate maintenance of one's building or terminal space).
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted June 28, 2019 *
Decided July 1, 2019
Before
JOEL M. FLAUM, Circuit Judge
DIANE S. SYKES, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 18-3144
JERRY HARDEN, Appeal from the
Plaintiff-Appellant, United States District Court for the
Eastern District of Wisconsin.
v.
No. 18-C-1109
BRUCE SCHROEDER and
REBECCA MATOSKA-MENTINK, Lynn Adelman,
Defendants-Appellees. Judge.
ORDER
Jerry Harden, a Wisconsin prisoner, appeals the dismissal at screening of his
complaint. See 28 U.S.C. § 1915A. He alleges that a state-court judge and clerk violated
his First and Fourteenth Amendment right to access the courts by docketing his
collateral attack in his criminal case. But he has not alleged that the docketing harmed
* The defendants were not served in the district court and are not participating in
this appeal. We agreed to decide the case without oral argument because the briefs and
record adequately present the facts and legal arguments, and oral argument would not
significantly aid the court. FED. R. APP. P. 34(a)(2)(C).
No. 18-3144 Page 2
him, and he attached to his complaint a state-court ruling showing that he received a
merits decision on his collateral attack. Thus, we affirm.
We review a dismissal at screening de novo and accept Harden’s allegations as
true. Gomez v. Randle, 680 F.3d 859, 864 (7th Cir. 2012). Harden filed a “Petition for Writ
for Habeas Corpus” in the Circuit Court of Kenosha County. He used the case number
from his original criminal case, and the court clerk docketed the petition in that case’s
file instead of opening a new one. Circuit Judge Bruce Schroeder reviewed Harden’s
petition and, as the ruling that Harden attached to his complaint shows, denied it on the
merits. Referring to Harden (mistakenly) as “Mr. Moore,” the state judge also wrote:
“Because Mr. Moore has incorrectly filed this petition in the criminal court file, … this
order and his application will be kept in the criminal court file for reference purposes.”
Harden moved for reconsideration. The judge reviewed that motion too but denied it.
Rather than appeal the denial of his petition, Harden turned to federal court. He
sued the judge and clerk for damages under 42 U.S.C. § 1983, alleging that they
conspired to deny him access to the courts. Harden asserted that the clerk intentionally
refused to docket his petition under a new case number and that the judge’s denial of
Harden’s petition was “illegal” and “fictitious.” In dismissing the case, the district judge
explained that Harden had no constitutional right to insist that the clerk adhere to state
filing rules. And, the judge added, Harden could not allege an injury from the
defendants’ actions because nothing “prevents [Harden] from appealing Judge
Schroeder’s denial should he choose to do so.”
On appeal Harden contends that he stated a valid claim that the defendants
deprived him of access to the courts. We begin with two threshold matters. First, the
Rooker-Feldman doctrine permitted the judge to decide the merits of this § 1983 suit. See
Rooker v. Fid. Tr. Co., 263 U.S. 413 (1923); D.C. Court of Appeals v. Feldman, 460 U.S. 462
(1983). Because Harden complains about acts that preceded the initiation of process (the
alleged refusal to docket a case), Rooker-Feldman did not block the district court from
acquiring jurisdiction. See Gen. Auto Serv. Station LLC v. City of Chicago, 319 F.3d 902, 905
(7th Cir. 2003). Second, because Harden seeks damages from the defendants under
§ 1983 for allegedly preventing him from accessing the state court to invalidate his state
conviction, the holding of Heck v. Humphrey, 512 U.S. 477 (1994), could be a defense to
this suit. But the judge did not discuss Heck and the defense is not jurisdictional, so we
do not address it. See Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011).
No. 18-3144 Page 3
The district judge was correct to dismiss the suit on the merits. Although many
defects render it baseless, we discuss only one: Harper failed to allege an injury. To state
an access-to-courts claim, a prisoner must allege that an injury resulted from the
defendants’ conduct. See Lewis v. Casey, 518 U.S. 343, 350–51 (1996); Ortloff v. United
States, 335 F.3d 652, 656 (7th Cir. 2003). An inmate may allege, for example, “that he
missed court deadlines, failed to make timely filings, or that legitimate claims were
dismissed because of the denial of reasonable access to legal resources.” Ortloff, 335 F.3d
at 656. Harden pleaded none of this. Moreover, the ruling attached to his complaint
shows that despite how the case was docketed, the state judge decided the merits of the
petition. Therefore, Harden received access to the courts. See Antonelli v. Sheahan,
81 F.3d 1422, 1430 (7th Cir. 1996); Shango v. Jurich, 965 F.2d 289, 293 (7th Cir. 1992).
Finally, nothing prevented Harden from appealing this adverse decision on the
merits. In Wisconsin a litigant may appeal by filing a notice “with the clerk of the circuit
court in which the judgment or order appealed from was entered.” WIS. STAT.
§ 809.10(1). The judge told Harden what case number to use, so he could have used his
case name and number, specified the order that he planned to appeal, and followed the
other procedural rules set forth in section 809.10(1)(b).
Harden’s replies are unpersuasive. First, he observes that in denying his petition,
Judge Schroeder made a scrivener’s error by calling Harden “Mr. Moore.” That may
have been a reason to appeal in state court, but it also shows that Harden received
access to the state court because the judge made that error when deciding the petition’s
merits. Second, Harden argues that Judge Schroeder entered an “illegal” and
“fictitious” order. If Harden is challenging the validity of a state-court order,
Rooker-Feldman blocks that challenge. See Exxon Mobil Corp. v. Saudi Basic Indus. Corp.,
544 U.S. 280, 283–84 (2005); Gilbert v. Ill. State Bd. of Educ., 591 F.3d 896, 900 (7th Cir.
2010). And in any event, Judge Schroeder is absolutely immune for his judicial actions.
See, e.g., Mireles v. Waco, 502 U.S. 9, 11 (1991); Myrick v. Greenwood, 856 F.3d 487, 488 (7th
Cir.), cert. denied, 138 S. Ct. 389 (2017). Finally, Harden complains that the district judge
failed to address his allegation that the defendants conspired to deprive him of his
constitutional rights. But without an underlying violation, his conspiracy allegations
also fail to state a claim. See Sow v. Fortville Police Dep’t, 636 F.3d 293, 305 (7th Cir. 2011).
AFFIRMED
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What is the closest to 15 in -73/2, -1/2, 3, -2/15, -0.1?
3
What is the nearest to -0.1 in 1, 81, 204/13, -6?
1
Which is the nearest to 1.6? (a) -2/11 (b) -1 (c) -0.1 (d) 0.1 (e) 3/4
e
What is the closest to -37 in -0.2, 16, -2, -5?
-5
Which is the closest to 12? (a) 23 (b) 0.2 (c) -2/45 (d) 5
d
Which is the closest to -0.036? (a) -133 (b) -1/4 (c) -4/3 (d) 0.3 (e) 4
b
Which is the nearest to 2/9? (a) 2/3 (b) -5/2 (c) 672.03
a
What is the nearest to -1 in -8, -1444, -5?
-5
Which is the nearest to 0.1? (a) 2/15 (b) -1 (c) 32/65
a
What is the closest to -327 in -45, 4, -0.5?
-45
Which is the nearest to 4/5? (a) -2/13 (b) 0.04 (c) 11
b
Which is the nearest to -0.43? (a) 3/4 (b) -3 (c) 32/5
a
Which is the nearest to -0.01? (a) 1.01 (b) 3/2 (c) 59 (d) 5
a
What is the nearest to 1 in -0.3, -13/11, 1/29?
1/29
Which is the nearest to 0.074? (a) -0.07 (b) -1/4 (c) 3/2 (d) 39 (e) 0
e
What is the closest to 0 in 46, -2/5, 1/6, 1/5?
1/6
Which is the closest to 9? (a) 26 (b) -2/9 (c) -6 (d) -3/2
b
What is the nearest to -2/57 in -0.5, -2/79, 1/6?
-2/79
What is the nearest to -0.5 in 4, -5763, -0.1, 1/5?
-0.1
What is the closest to -15/8 in 0.1, -41/8, -2/13, -5?
-2/13
What is the closest to -4437 in -1, 2, 3?
-1
Which is the closest to 0.2? (a) 14 (b) 690 (c) 0.1
c
What is the closest to 51 in -2/3, -2, 0.3, -4?
0.3
Which is the closest to -1/3? (a) 8 (b) -2 (c) 3 (d) -3 (e) -3/25
e
Which is the closest to 6? (a) -3 (b) 3 (c) 2/5 (d) -6 (e) -48.2
b
Which is the closest to 26? (a) 1/3 (b) 2/11 (c) -0.09 (d) -3
a
What is the nearest to 103 in 15, 2, -0.3?
15
Which is the nearest to 6? (a) -270 (b) 2/9 (c) 0.5
c
What is the closest to -0.2 in -2/31, -2/45, 14, 2/17, -0.1?
-0.1
What is the nearest to 4 in 0.3, -1/182, -0.5?
0.3
Which is the closest to 0? (a) 50 (b) 3/188 (c) 0.5
b
Which is the closest to -2? (a) -18 (b) -17 (c) 3 (d) -4
d
Which is the nearest to 0.2? (a) 1 (b) -5 (c) 0.432 (d) -124 (e) -0.5
c
Which is the closest to -2? (a) 5308 (b) -5 (c) -4/3
c
What is the closest to 3/4 in -1/2, 350, 5?
-1/2
Which is the closest to -174? (a) 4 (b) 2 (c) -2 (d) 0.7
c
Which is the closest to -2/285? (a) -4/5 (b) -3 (c) 1/50
c
What is the closest to -10.5 in -0.2, 4, -278, -0.1, 3?
-0.2
What is the nearest to -1/2 in -105, -0.1, 29, -94?
-0.1
What is the closest to 0 in -148, -4, 0.2, 0.02?
0.02
Which is the nearest to 1/5? (a) 0.1 (b) 2.6 (c) -292
a
Which is the closest to -1? (a) -0.0065 (b) -1/5 (c) 0.3 (d) -0.5 (e) -0.523
e
What is the nearest to -611 in 4, 3, -2?
-2
Which is the nearest to 0? (a) -1/3 (b) -0.3 (c) -83 (d) 10/11
b
What is the closest to 0.3 in -1/3, 1, -5/3, 2/155?
2/155
Which is the closest to 1/4? (a) 4 (b) -7/40 (c) 0.3 (d) -6/11 (e) 3
c
What is the closest to 0.1 in 24/269, -0.5, -3?
24/269
Which is the closest to 1? (a) 0.2 (b) -2 (c) -36/25
a
Which is the closest to 1/4? (a) -739 (b) -2/5 (c) -2/11
c
What is the closest to -1 in -10166, 1, 0.31, 0.4?
0.31
What is the closest to 0 in 0.3, -25, 3.34, -1/4?
-1/4
Which is the closest to -57? (a) -44 (b) -1/2 (c) -0.4 (d) -2/17
a
What is the closest to 5 in -3, 0.6, 0.3, -2/7, -237/7?
0.6
Which is the nearest to 186? (a) -2 |
Miss Venezuela 1960
Miss Venezuela 1960 was the 7th edition of Miss Venezuela pageant held at Tamanaco Intercontinental Hotel in Caracas, Venezuela, on July 30, 1960. The winner of the pageant was Gladys "Laly" Ascanio Arredondo, (Miss Distrito Federal), who competed in the first edition of Miss International and placed in the semifinalists.
Results
Miss Venezuela 1960 - Gladys Ascanio (Miss Distrito Federal)
1st runner-up - Magaly Burguera (Miss Mérida)
2nd runner-up - Marina Carrero (Miss Táchira)
3rd runner-up - Miriam Estévez (Miss Caracas)
4th runner-up - Aura Rodríguez (Miss Departamento Vargas)
Delegates
Miss Amazonas - Carmen Alicia (Chumico) Romero
Miss Aragua - Milena Cott
Miss Barinas - Gladys Tapia Angulo
Miss Bolívar - Roraima Gómez López
Miss Caracas - Miriam Estévez Acevedo
Miss Departamento Libertador - Gloria Josefina Altuve
Miss Departamento Vargas - Aura Rodríguez Acosta
Miss Distrito Federal - Gladys Ascanio Arredondo
Miss Mérida - Magaly Burguera Sardi
Miss Miranda - Rosa Violeta González
Miss Nueva Esparta - Mélida Ortiz
Miss Sucre - Omaira Rodríguez
Miss Táchira - Marina Carrero
Miss Yaracuy - Elvia Sánchez Parra
External links
Miss Venezuela official website
Category:1960 beauty pageants
Category:1960 in Venezuela |
// Copyright (c) Microsoft Corporation. All rights reserved.
// Licensed under the MIT License. See LICENSE in the project root for license information.
namespace Microsoft.R.Components.Plots {
public static class PlotManagerExtensions {
public static IRPlotDeviceVisualComponent GetOrCreateVisualComponent(this IRPlotManager pm, IRPlotDeviceVisualComponentContainerFactory factory, int id)
=> ((IRPlotManagerVisual)pm).GetOrCreateVisualComponent(factory, id);
public static IRPlotHistoryVisualComponent GetOrCreateVisualComponent(this IRPlotManager pm, IRPlotHistoryVisualComponentContainerFactory factory, int id)
=> ((IRPlotManagerVisual)pm).GetOrCreateVisualComponent(factory, id);
}
}
|
Combined neuropsychological and neurophysiological assessment of drug effects on groups and individuals.
An initial standardized approach for combining neuropsychological and neurophysiological measures in order to assess the neurocognitive effects of drugs in groups and individuals is introduced. Its application is illustrated with sedatives, antiepileptic drugs, psychostimulants, antihistamines, and intoxicants. Task performance, electroencephalography, and evoked potential measures during computerized attention and memory testing that are most sensitive to drug effects are identified in a sample population and then applied to individuals. In six example exploratory studies, drug effects were detected with an average area under curve (AUC) of 0.97 (p < 0.0001; 95% sensitivity, 96% specificity). In 10 example validation studies with other drugs and/or different subjects and populations, detection was strong in the eight studies with drugs and doses known to have significant neurocognitive effects (AUC 0.83, p < 0.0001; 82% sensitivity, 89% specificity), whereas no effect was detected in the two studies with drugs known to have faint neurocognitive effects (AUC 0.56, p > 0.10). Individual differences in response to different drugs with similar clinical uses, to varying doses of the same drug, and in pharmacodynamic response were then demonstrated. The significant (p < 0.01) increase in sensitivity and specificity of combined neuropsychological and neurophysiological measures compared with the former alone suggests that fewer subjects may be needed to assess the neurocognitive effects of drugs in future studies. The findings suggest that the concept of combining neuropsychological testing with simultaneous measures of neurophysiological function is worth further exploration. |
"What you measure is what you get," said Nobel prize-winning economist Joseph Stiglitz. Soon Vermont may measure its economic well-being somewhat differently.
This week, the Vermont legislature sent a bill to Governor Peter Shumlin that charges the University of Vermont's Gund Institute for Ecological Economics with developing a new way of measuring the health of the state economy: it's called the Vermont Genuine Progress Indicator.
The law would be the first of its kind in the U.S. and builds on a growing network of state GPI initiatives, most notably Maryland's.
Since World War II, policy-makers and their economic advisers worldwide have measured economic progress by the Gross Domestic Product, or GDP, which tracks the volume of commercial transactions: the purchase and sale of stuff.
"And that's what we've gotten more stuff," says Jon Erickson, professor and managing director of UVM's Gund Institute. "But is having more stuff the only purpose of the economy? Is it even the main purpose?"
Erickson doesn't think it is or should be anymore.
"GDP accounting grew out of the Great Depression and became the dominant planning tool for post-war expansion," he says. "But today economists and policy-makers alike are questioning the utility of such a narrow metric of progress, looking for more comprehensive measures that reflect the environmental and social realities of our time."
That's why Erickson and colleagues have been working hard on behalf of the new legislation, S.237, "An Act Relating To The Genuine Progress Indicator," working closely with the governor's office as well as testifying before the state legislature.
The law will call on the state government to work with the Gund Institute to "establish and test a genuine progress indicator" the legislation says, that "will assist state government in decision-making by providing an additional basis for budgetary decisions, including outcomes-based budgeting; by measuring progress in the application of policy and programs; and by serving as a tool to identify public policy priorities, including other measures such as human rights."
"It makes sense that Vermont, with its commitment to environmental protection and social justice, would be in the forefront of a movement to redefine progress," says Erickson. "The GPI is a more accurate measure of the economy's costs and benefits than GDP."
"The point of the economy isn't to crank through resources as quickly as possible," says Gund Fellow Eric Zencey who will be coordinating the GPI initiative. "The point is to build sustainable well-being for our communities."
GPI studies and happiness surveys worldwide point to a growing disconnect between GDP and our standard of living.
"GDP assumes that if we're all working 80 hours a week, farming our children out to daycare, and living high-consumption lifestyles, that's a good thing for the economy," says Erickson, "but that might not be such a good thing for our well-being."
"GPI subtracts things that should be costs but in GDP are counted as benefits like air pollution, water pollution, land degradation," says Erickson, "and it adds in things that GDP doesn't count because they're not part of the formal economy like household work and volunteer time."
"GDP goes up, but we aren't better off, because GDP doesn't deduct the costs or adjust for the distribution of all that economic activity," Zencey says. "This new law calls for a better indicator set, one that will draw on social and environmental research to better guide Vermont economic policy."
Zencey led a graduate class at the Gund Institute last fall that updated a 2003 Gund research project, the first state-level GPI study in the nation. The class drew on widely available data and networked with state legislators, agencies, and Vermont nonprofits to estimate twenty-six GPI variables that adjust Gross State Product (the state-level equivalent to GDP) for economic, social, and environmental costs and benefits to consumption.
The GPI bill was introduced into this year's legislative session by Vermont state senator Anthony Pollina and several co-sponsors. "The GPI accounts for the quality of peoples' lives, not just the commotion of money in the economy," says Pollina. "We should strive for an economy that produces widely shared prosperity in a way that builds strong families, strengthens communities and protects the environment."
The new bill directs the state's secretary of administration to work with the Gund Institute to review and formalize a Vermont GPI, with broad participation from state agencies, nonprofits and community organizations.
"We're witnessing a shift toward measuring what matters," says Tom Barefoot, co-coordinator of Gross National Happiness USA, a national group based in Vermont working on well-being indicators. "The partnerships being formed around the Vermont GPI bill are taking years of good thinking and putting it into action."
Gross National Happiness USA is working with the Gund Institute, Common Good Vermont and Benchmarks for a Better Vermont to begin building a "Vermont data committee" called for in the GPI bill.
With passage of the bill, "Vermont continues to show that it's a leader in progressive thinking and policy," says Erickson, "We're all a little prouder to be Vermonters this week." |
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This invention relates to asynchronous channel frequency scanning associated with a communication device. The invention is particularly suitable for, but not limited to, channel frequency scanning of a channel frequency scan list of selective call receivers.
Portable communication devices are becoming widely accepted as a form of communication. One type of communication device is known as a selective call receiver, often referred to as a pager, which receives paged information transmitted from one or more transmitters in a system. In this specification, selective call receivers will be used by way of example, however the invention is not necessarily limited to selective call receivers. Such selective call receivers are usually carried by users for receiving paged messages when they are away from their office or home telephone.
As communication receiver users travel more, it is preferable to have a communication receiver, known as a roaming communication receiver, which can operate or roam in one or more selective call systems while still being able to receive relevant messages. Such systems provide transmission of selective call messages from a message originator who contacts a selective call terminal and provides the contents of the message and information identifying the intended selective call receiver user. The selective call terminal encodes the message into one of several known protocols, such as the POCSAG signalling code or the FLEX(trademark) high speed paging protocol. In addition, the terminal appends an address assigned to the communication receiver to the message. The address and message are then modulated onto a selective call signal and transmitted from the selective call terminal.
In systems that employ simulcast techniques as used in the FLEX(trademark) protocol and as mentioned, for example, in U.S. Pat. Nos. 4,696,051 and 4,696,052, a selective call receiver identifies and monitors a valid channel in order to receive messages. In the remainder of this specification channel includes a message transmission frequency and/or System Identification Information (SII). When considering the FLEX(trademark) protocol, this System Identification Information (SII) includes either or both a Network Identifier (NID) or Simulcast System Identifier (SSID). However, other identifiers and other protocols may provide such System Identification Information (SII).
Roaming communication receivers generally have a frequency scan list of possible valid channel frequencies that are periodically scanned. However, depending upon protocol used, a roaming communication receiver may need to be synchronized to a valid channel. Further, such roaming communication receivers must identify that a channel frequency is associated with a valid channel (i.e., the channel is transmitting messages in one or more specific protocols usable by the receiver).
To identify a valid channel a communication receiver has a scan list of channel frequencies store in nonvolatile memory (usually known as a codeplug). These frequencies are usually continuously used to determine which channels are available to the communication receiver. In this regard, the receiver is usually required to frequently scan all relevant channel frequencies in the scan list during a detection portion (xe2x80x9cpower upxe2x80x9d portion) of a scan interval. If any channels are detected during scanning they are then usually processed to determine if they are transmitting messages in one or more specific protocols.
In asynchronous scanning, the communication receiver and channels are not inherently synchronized. It is therefore usually necessary, for example the Flex(trademark) protocol, to detect one or more mandatory frames transmitted in the channels in order for the communication receiver to adequately receive messages transmitted on the channels. Unfortunately, in order to detect these mandatory frames scanning and processing of channels (i.e., baud detection) is required which causes power drain on the power supply of the communication receiver, which for a selective call receiver is usually a type AA or AAA battery. Accordingly, if there are numerous channels (typically between 5 to 15) this can result a relatively rapid battery drain which may be unacceptable.
It is an aim of the invention to overcome or alleviate at least one of the problems associated with scanning mandatory frames transmitted on channels for use by a communication receiver.
According to one aspect of the invention there is provided a communication device comprising:
receiver means for receiving coded messages transmitted on one or more channels;
processing means, in communication with said receiver means, for processing one or more of said messages;
channel control means coupled to both said processing means and said receiver means, said channel control means being adapted to control said receiver means to thereby control reception of said channels; and
a memory means storing a group of channel frequencies, said memory means being coupled to said processing means;
wherein said processing means is adapted, in combination with said control means, to control said receiver means to scan at least some of said channels during baud detect periods of a protocol cycle associated with at least one of said channels; and
wherein said processing means cyclically offsets a start of said baud detect periods after completion of a protocol cycle.
Preferably, processing means may be adapted to cyclically offset said start of said baud detect periods by an offset period, said offset period being relative to a start time of a sample interval length.
Suitably, said processing means can be adapted such that said sample interval length is divisible, without a remainder, by said offset period.
Preferably, said communication device may be a selective call receiver.
According to another aspect of the invention there is provided a method for detecting mandatory frames of a channel protocol received by a communication receiver, the method comprising the steps of:
scanning channels during baud detect periods of a protocol cycle;
processing information received during said step of scanning; and
cyclically offsetting a start of said baud detect periods after completion of a protocol cycle.
Preferably, said method may be further characterized by said step of cyclically offsetting said start of said baud detect periods by an offset period that is relative to a start time of a sample interval length.
Suitably, said method may be further characterized by said sample interval length being divisible, without a remainder, by said offset period.
Preferably, for a given number of mandatory frames w having a frame time ft, and for pre-determined number of cycles y equal to the number of times said sample interval length is divisible by said offset value, said sample interval length is no greater than:
y.((wxe2x88x921).ftxe2x88x92duration of one baud detect period).
Suitably, at least some of said channels scanned during said baud detect periods may be removed or replaced with other channels.
Preferably, said method may be further characterized by said communication device being a selective call receiver. |
// Copyright 2014 The Go Authors. All rights reserved.
// Use of this source code is governed by a BSD-style
// license that can be found in the LICENSE file.
package google
import (
"context"
"time"
"golang.org/x/oauth2"
)
// Set at init time by appengine_gen1.go. If nil, we're not on App Engine standard first generation (<= Go 1.9) or App Engine flexible.
var appengineTokenFunc func(c context.Context, scopes ...string) (token string, expiry time.Time, err error)
// Set at init time by appengine_gen1.go. If nil, we're not on App Engine standard first generation (<= Go 1.9) or App Engine flexible.
var appengineAppIDFunc func(c context.Context) string
// AppEngineTokenSource returns a token source that fetches tokens from either
// the current application's service account or from the metadata server,
// depending on the App Engine environment. See below for environment-specific
// details. If you are implementing a 3-legged OAuth 2.0 flow on App Engine that
// involves user accounts, see oauth2.Config instead.
//
// First generation App Engine runtimes (<= Go 1.9):
// AppEngineTokenSource returns a token source that fetches tokens issued to the
// current App Engine application's service account. The provided context must have
// come from appengine.NewContext.
//
// Second generation App Engine runtimes (>= Go 1.11) and App Engine flexible:
// AppEngineTokenSource is DEPRECATED on second generation runtimes and on the
// flexible environment. It delegates to ComputeTokenSource, and the provided
// context and scopes are not used. Please use DefaultTokenSource (or ComputeTokenSource,
// which DefaultTokenSource will use in this case) instead.
func AppEngineTokenSource(ctx context.Context, scope ...string) oauth2.TokenSource {
return appEngineTokenSource(ctx, scope...)
}
|
The Society of Naval Architects & Marine EngineersThe Society of Naval Architects and Marine Engineers is an internationally recognized nonprofit, technical, professional society of individual members serving the maritime and offshore industries and their suppliers.USA New Jersey
Heriot-Watt UniversityThe Ocean Systems Laboratory (OSL) is a leading international centre for research, development and exploitation of acoustic, robotic and video-imaging systems.United Kingdom
Warship 2006 - Future Surface Warships
10/5/2005
Venue: London, UK
This symposium, the 26th in RINA's successful Warship series, will look at the next generation of surface warships. All capabilities of these new ships must be carefully balanced to complement the existing naval inventories, meeting new Operational Requirements in the post cold war world of the expeditionary force and the police action, whilst bringing cost effective improvement wherever possible. This is especially important where new designs have been conceived to replace more than one class of ship, a trend that seems to be emerging and which points towards the 'multi-purpose' warship. Joint nation collaboration in the development and procurement of common ships is still an important element in many projects where nations have similar requirements!
This conference will discuss the whole subject but will focus particularly on how the issue of survivability affects the design of warships. |
Q:
How do I write an expression that deference a pointer in GDB?
Suppose EAX contains a pointer to some value (doubleword).
What I'd like to do is to examine this value, i.e. writing an expression like x /1wx [eax].
However, GDB complains when writing [eax] in expressions, saying that syntax is wrong.
How would I deference a pointer in GDB?
A:
As the other answer noted, you can the $eax to look at that specific register.
(gdb) x /1wx $eax
0x400523d <main>: 0xe5894855
'info reg' will give a register dump that contains lots of useful information.
You can also cast in gdb to dereference a pointer.
(gdb) print /x *(int*)0x400523d
$3 = 0xe5894855
I use this method often while debugging. It is useful when digging inside a complex class/structure for pointers. Following a chain of pointers is often simplified but just grabbing the address and looking at the dereference.
A:
You can refer to registers by common names using $ before. For example
print $rax
to print rax value, or
print *$rax
to dereference value in rax as pointer.
https://sourceware.org/gdb/onlinedocs/gdb/Registers.html
|
The present invention relates to a language forming system which modifies expressions in a basic form (e.g., words, i.e., nouns, verbs, and the like, or noun or adjective phrases) to form corresponding language expressions in a different form.
In a machine translation system, when an input sentence is translated into a sentence in another language, the translated sentence is sometimes inappropriate. For example, in a conventional sentence structure transfer method, when an operator judges that a translated sentence displayed on a display screen is inappropriate, he cancels the displayed translated sentence, and must restart the translating process, including sentence structure transfer in accordance with language data stored in a language data base, to obtain another translated output. This sentence structure transfer method is described in the text used during the Proceedings of the 8th International Conference on Computational Linguistics, Tokyo, Sept. 30-Oct. 4, 1980, on p. 414 and thereafter.
When a large number of translation alternatives are output as described above, if a satisfactorily translated sentence cannot be obtained, the content of the language data base must be renewed, and the whole process must be repeated to form an appropriately translated sentence.
However, this method applies considerable load to the operator. In addition, all the modifications of language expressions must be stored in the language data base, resulting in a bulky and impractical system. |
Clinical considerations on the posology of direct oral anticoagulants.
The efficacy of dicoumarin anticoagulants has been shown in patients with nonvalvular atrial fibrillation. However, they have drawbacks such as the need to adjust the dosage and the interaction with drugs and food. Direct oral anticoagulants are an effective and safe alternative and have a less complicated clinical management. There is considerable debate on the selection criteria for the posology regimens of direct oral anticoagulants. The differences among them and their administration regimens have raised questions about the clinical, pharmacokinetic and pharmacodynamic selection criteria that support the posology. This review critically analyses the available evidence and its impact on the final selection of the dosage regimen. |
Ashley Greene Says ‘Eclipse’ Will Be ‘More Guy-Friendly’
“Twilight” star Ashley Greene told us last week that she’s been getting battered and bruised on the set of “Eclipse.”
Whose fault is that? Well, other than author Stephenie Meyer, who wrote some scary fight scenes into her novel, all the abuse Greene and her co-stars have been taking is thanks to director David Slade.
Although her work with the “30 Days of Night” and “Hard Candy” filmmaker had just begun, Greene said she’s excited about the vision he has for “Eclipse.”
[ video unavailable on this device ]
“He’s been really good,” she told MTV News last week. “I’ve sat down and spoken to him and broken down the script a little bit. I definitely like his take on it. I think it’s going to be good.”
Just as co-star Taylor Lautner told MTV News
on Sunday, Greene said Slade’s taking the third “Twilight” film in a darker direction. “I think it’ll be different,” Greene said. “He’s … a little more focused on it being real and maybe it being gorier and a little dark and kind of dramatic.”
Like the novel, which builds up to a climactic battle of vampires and werewolves, Greene said “Eclipse” has a lot more action than the first film and might appeal to more than just screaming teen girls. “The first one was very focused on this love story and really sweet and it was beautiful, but it didn’t have a lot of stuff that guys would go, ‘Yeah, I want to go see that,’ ” she said. “There’s going to be a lot more focus on [action], and the fight scene will have more emphasis on it. I definitely think it will be a little more guy-friendly.”
But that also means this movie is a little harder on its cast. “Going into [a movie], I’ve never had to work so hard with stunt training and personal training and stuff like that,” Greene said. |
Bruynswick School No. 8
Bruynswick School No. 8 is a former school located on Bruynswick Road (Ulster County Route 7) in the small hamlet of the same name in the northwestern portion of Shawangunk, New York, United States. It is one of the few remainders of a time when Bruynswick was more populous.
The building is on a small lot next to the Shawangunk Valley firehouse on the west side of the road, just south of the Gardiner town line. The Shawangunk Ridge dominates the view to the west across mostly open rural land. It is a frame one-room schoolhouse, three bays by three and one story in height. It sits on a stone foundation with a gabled roof shingled in asphalt.
The front facade faces east and features a centrally located entrance amid simple wooden surrounds and a lunette in the gable apex. The windows on either side have louvered shutters. A wood plaque above the door has "District No. 8" painted on it. Both north and south profiles have two similarly shuttered windows; with an additional, smaller third on the south with an awning. The rear is blank with the exception of a small shed addition.
Inside, much of the original floor plan and finishes remain. A bedroom has been created in the southeast corner, and a second-story loft added. The shed serves as a bathroom and utility room. A garage and privy are also located on the property; these are of modern construction and not considered contributing resources.
The schoolhouse was built in 1840 to replace an older school a quarter-mile (400 m) to the south. It continued to be used as a school until 1943, when the Wallkill Central School District was created. Some modifications, such as the front lunette, were made in the 1950s to convert it into a private home. In 2000 it was added to the National Register of Historic Places.
See also
Gardiner Town Hall, former schoolhouse in neighboring Gardiner on the Register.
Pearl Street Schoolhouse, another former school in the town on the National Register.
National Register of Historic Places listings in Ulster County, New York
References
Category:One-room schoolhouses in New York (state)
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Category:Shawangunk, New York |
Keith Olbermann will announce what the next chapter of his career will be in a conference call at 11 AM on Tuesday.
Olbermann, who left MSNBC in January, said that he and his "new partners" will make an "exciting announcement regarding the next chapter" of his career, according to Yahoo's Michael Calderone. |
A P.E.I. mother says she watched helplessly Tuesday morning as a driver drove past a stopped school bus and almost ran down her six-year-old daughter.
"She just didn't slow down at all. I guess she must've looked up and saw Koral last second. She swerved around her, and just barely missed her," said Jill Lindstedt.
"I looked back, once the car went by and thought, 'Is she still standing there?' And she was. She was OK. She hadn't gotten hit."
The incident happened about 7:50 a.m. Tuesday on the Trans-Canada Highway in Albany, P.E.I.
"It was a pretty close call," Lindstedt said. "Probably one of the scariest moments of my life."
'Worst he had ever seen'
Const. Jeff Wright with East Prince RCMP said the school bus was stopped on the Trans-Canada Highway in Albany with its red stop lights flashing and its stop sign deployed, when the driver of a white Jeep Cherokee did not stop.
"The potential in these incidents is huge. Yesterday could have been a major, major tragedy," said Wright.
"The bus driver himself told me he's been driving a bus in that area for 22 years and that was the worst he had ever seen. He actually had to pull over to the side of the road for several minutes to allow himself to calm down. He was that worked up. It was that close."
Randy Gallant, principal of Amherst Cove Consolidated where Koral goes to school, says this isn't the first time he has seen an incident like this.
"My reaction was, 'Not again.' … We've had several incidences, and I would probably hazard I guess most schools have, that there have been vehicles passing through bus stops with the amber or red light flashing. And we've had a couple in the past that have been close enough to shake up the people involved," he said.
"This was probably the closest call we've had due to how everything played out."
Lindstedt said this is not the first time she has seen a vehicle not stopping appropriately for the school bus at the end of her driveway. On several occasions, she said, she has pulled her daughter back, but this time she was already on the road.
She said she watched a van drive through the bus's red lights when she went down to meet her daughter Tuesday afternoon, but in the afternoon her daughter doesn't have to cross the highway.
RCMP are still looking for more witnesses to the morning incident.
More P.E.I. news
With files from Steve Bruce |
Q:
Ul tag contenet alignment
I have a ul list something like this
0 coffee
some text
0 tea
some text
0 lemonad
some text
Here the zeros are the bullet images and not the regular bullets of ul.
My problem is after the rounded circle the word " coffe " is align little down. I need the text "coffe" little upwards from the rounded circle. I try with top:0 , but its not working. Thanks in advance.
I tried the line-height :20px and vertical-align : top but that is not helping out :(
A:
Try some CSS.
ul li {
line-height: 2.0em;
vertical-align:top;
}
Or put
<li style="line-height: 2.0em; vertical-align:top;">Coffee</li>
|
---
abstract: 'We show that algebraic varieties with maximum likelihood degree one are exactly the images of reduced $A$-discriminantal varieties under monomial maps with finite fibers. The maximum likelihood estimator corresponding to such a variety is Kapranov’s Horn uniformization. This extends Kapranov’s characterization of $A$-discriminantal hypersurfaces to varieties of arbitrary codimension.'
address: |
Department of Mathematics, University of Michigan\
Ann Arbor, MI 48109\
USA
author:
- June Huh
title: 'Discriminants, Horn uniformization, and varieties with maximum likelihood degree one'
---
Main results
============
Let $X$ be a closed and irreducible subvariety of the algebraic torus $$(\mathbb{C}^*)^m = \Big\{ \mathbf{p}=(p_1,\ldots,p_m) \in \mathbb{C}^m \mid \prod_{i=1}^m p_i \neq 0 \Big\}.$$ If $\mathbf{u}=(u_1,\ldots,u_m)$ is a set of integers, then the *likelihood function* of $X$ is defined to be $$L=L(\mathbf{p},\mathbf{u})= \prod_{i=1}^m p_i^{u_i}: X \longrightarrow \mathbb{C}^*.$$ One is often interested in a statistical model $X$ contained in the hyperplane $\big\{\sum_{i=1}^m p_i=1\big\}$, and in real critical points of the likelihood function corresponding to positive integer data $\mathbf{u}$. One of the critical points will provide parameters $\mathbf{p}$ which best explain the observation $\mathbf{u}$.
We refer to [@Catanese-Hosten-Khetan-Sturmfels; @Hosten-Khetan-Sturmfels; @Pachter-Sturmfels] for an introduction to the problem of maximum likelihood estimation in the setting of algebraic statistics. For the study of critical points of $L$ from a more geometric point of view, see [@Damon1; @Damon2; @Franecki-Kapranov; @HuhML; @Orlik-Terao; @Silvotti; @Varchenko].
Write $X_{\text{sm}}$ for the set of smooth points of $X$.
The *maximum likelihood degree* of $X \subseteq (\mathbb{C}^*)^m$ is the number of critical points of $L(\mathbf{p},\mathbf{u})$ on $X_{\text{sm}}$ for sufficiently general $\mathbf{u}$.
It will become clear in Section \[SectionProof\] that this number is finite and well-defined. We consider the following problem posed in [@Hosten-Khetan-Sturmfels Problem 14] and [@Sturmfels Section 3].
Find a geometric characterization of varieties with maximum likelihood degree one.
Theorems \[main1\] and \[main2\] below show that the class of varieties in question is essentially the class of $A$-discriminantal varieties in the sense of Gelfand, Kapranov, and Zelevinsky [@GKZ]. In particular, there are only countably many subvarieties of $(\mathbb{C}^*)^m$ whose maximum likelihood degree is one, one for each integral matrix with $m$ columns whose column sums are zero, up to scaling of coordinates $\mathbf{p}$.
\[main1\] A subvariety of $(\mathbb{C}^*)^m$ has maximum likelihood degree one if and only if it admits Kapranov’s Horn uniformization. More precisely, the following are equivalent:
1. $X \subseteq (\mathbb{C}^*)^m$ has maximum likelihood degree one.
2. There is a vector of nonzero complex constants $\mathbf{d}=(d_1,\ldots,d_m)$, a positive integer $n$, and an integral matrix $$B=\left[\begin{array}{ccccc} b_{11} & \cdots & b_{1m} \\ \vdots & \ddots& \vdots \\ b_{n1}& \cdots & b_{nm}\end{array}\right]$$ whose column sums are zero, such that the rational map $$\Psi: \mathbb{P}^{m-1} \dashrightarrow (\mathbb{C}^*)^m, \qquad (u_1,\cdots,u_m) \longmapsto (\Psi_1,\ldots,\Psi_m),$$ maps $\mathbb{P}^{m-1}$ dominantly to $X$, where $$\Psi_k(u_1,\ldots,u_m)= d_k \prod_{i=1}^n \Big(\sum_{j=1}^m b_{ij}u_j\Big)^{b_{ik}}, \qquad 1 \le k \le m.$$ Here we agree that zero to the power of zero is one.
In this case, $X \subseteq (\mathbb{C}^*)^m$ uniquely determines, and is determined by, $\Psi$.
The rational functions $\Psi_k$ are homogeneous of degree zero in the variables $\mathbf{u}$, because column sums of $B$ are assumed to be zero. The rational map $\Psi$ is the *likelihood estimator* of $X$ which maps the data vector $\mathbf{u}$ to the unique critical point of the corresponding likelihood function $L(\mathbf{p},\mathbf{u})$.
The proof of Theorem \[main1\] closely follows Kapranov’s presentation of Horn’s ideas from 1889 [@Horn]. As Kapranov remarks in [@Kapranov], the present paper could have been written a hundred years ago.
{#1.2}
Theorem \[main1\] shows that the set of all varieties with maximum likelihood degree one is partially ordered by taking images under monomial maps with finite fibers. To be more precise, let $B$ be an $n \times m$ integral matrix as in Theorem \[main1\], and let $C$ be an $m \times l$ integral matrix with linearly independent rows. Consider the homomorphism $$\phi^{C}: (\mathbb{C}^*)^m \longrightarrow (\mathbb{C}^*)^l, \qquad \mathbf{p}=(p_1,\ldots,p_m) \longmapsto \mathbf{p}^C:=\Big(\prod_{i=1}^m p_i^{c_{i1}},\ldots,\prod_{i=1}^m p_i^{c_{il}}\Big),$$ and the linear projection $$\phi_C: \mathbb{P}^{l-1} \dashrightarrow \mathbb{P}^{m-1}, \qquad \mathbf{v}=(v_1,\ldots,v_l) \longmapsto C\mathbf{v}:=\Big(\sum_{j=1}^l c_{1j} v_j,\ldots, \sum_{j=1}^l c_{mj} v_j\Big).$$ In the same notation, the Horn uniformization $\Psi$ of Theorem \[main1\] can be written $$\Psi(\mathbf{u})= \mathbf{d} \circ (B\mathbf{u})^{B},$$ where $\circ$ is the Hadamard product, the entrywise multiplication.
\[Notation\] For $\mathbf{v} \in \mathbb{C}^l$ and $\mathbf{r},\mathbf{d} \in (\mathbb{C}^*)^m$, we have $$B(C\mathbf{v})=(BC) \mathbf{v}, \qquad
(\mathbf{r}^B)^C =\mathbf{r}^{(BC)}, \qquad
(\mathbf{d} \circ \mathbf{r})^C = \mathbf{d}^C \circ \mathbf{r}^C.$$ The same rules continue to hold if $\mathbf{v}$, $\mathbf{r}$, $\mathbf{d}$ are replaced by matrices of appropriate sizes.
It follows that there is a commutative diagram $$\xymatrix{
\mathbb{P}^{m-1} \ar@{-->}[r]^{\Psi}& (\mathbb{C}^*)^m \ar[d]^{\phi^C}\\
\mathbb{P}^{l-1} \ar@{-->}[r]_{\Psi'} \ar@{-->}[u]^{\phi_C}& (\mathbb{C}^*)^l,
}$$ where $\Psi'$ is the Horn uniformization associated to $\mathbf{d}^C$ and $BC$: $$\Psi'(\mathbf{v})= \mathbf{d}^C \circ (BC \mathbf{v})^{BC}.$$ Since $\phi_C$ is dominant and $\phi^C$ is proper, we have $$\phi^C\Big(\overline{\text{im}(\Psi)}\Big)=\overline{\text{im}(\Psi')}.$$
\[PartialOrder\] If $X \subseteq (\mathbb{C}^*)^m$ is a closed subvariety with maximum likelihood degree one, then $\phi^C(X) \subseteq (\mathbb{C}^*)^l$ is a closed subvariety with maximum likelihood degree one.
Note that it is necessary to assume that $C$ has rank $m$ in order to ensure that $\phi^C(X) \subseteq (\mathbb{C}^*)^l$ is closed and has maximum likelihood degree one. Note also that the maximum likelihood degrees of $X$ and $\phi^C(X)$ are different in general, even if $C$ has rank $m$. See Example \[FourOne\].
{#section-1}
Define a partial order on the set of all varieties with maximum likelihood degree one by $$\begin{gathered}
\Big(X \subseteq (\mathbb{C}^*)^m \Big) \succeq \Big( X' \subseteq (\mathbb{C}^*)^l \Big) \longleftrightarrow \\
\Big(\text{there is an $m \times l$ integral matrix $C$ of rank $m$ such that $\phi^C(X)=X'$}\Big).\end{gathered}$$ The maximal elements of this partially ordered set are precisely the reduced $A$-discriminantal varieties of [@GKZ Chapter 9], up to scaling of coordintates.
\[main2\] The following are equivalent:
1. \[5.1\] $X \subseteq (\mathbb{C}^*)^m$ has maximum likelihood degree one.
2. \[5.2\] There is a vector of nonzero complex constants $\mathbf{d}=(d_1,\ldots,d_m)$, positive integers $n$ and $k$, an integral matrix $$A=\left[\begin{array}{ccccc} 1 & \cdots & 1 \\ a_{21} & \cdots & a_{2n} \\ \vdots & \ddots& \vdots \\ a_{k1}& \cdots & a_{kn}\end{array}\right]$$ whose columns generate $\mathbb{Z}^k$, and an integral matrix of rank $n-k$ $$B=\left[\begin{array}{ccccc} b_{11} & \cdots & b_{1m} \\ \vdots & \ddots& \vdots \\ b_{n1}& \cdots & b_{nm}\end{array}\right]$$ with $AB=0$, such that the monomial map $$\mathbf{d} \circ \phi^B: (\mathbb{C}^*)^n \longrightarrow (\mathbb{C}^*)^m, \quad \mathbf{q}=(q_1,\ldots,q_n) \longmapsto \mathbf{d} \circ \mathbf{q}^B := \Big(d_1 \prod_{i=1}^n q_i^{b_{i1}},\ldots,d_m \prod_{i=1}^n q_i^{b_{im}}\Big)$$ maps the $A$-discriminantal variety $\nabla_A \cap (\mathbb{C}^*)^n$ dominantly to $X$.
In this case, $\mathbf{d} \circ \phi^B$ factors through a monomial map with finite fibers $$\mathbb{T}\big(\text{ker}(A) \big) \longrightarrow (\mathbb{C}^*)^m,$$ which maps the reduced $A$-discriminantal variety in $ \mathbb{T}\big(\text{ker}(A) \big) $ birationally onto $X$.
Here $\mathbb{T}\big(\text{ker}(A) \big):=\text{Hom}\big( \text{ker}(A),\mathbb{C}^*\big)$ is the algebraic torus whose character lattice is $\text{ker}(A)$. If columns of $B$ form a basis of $\text{ker}(A)$, then $X$ is the reduced $A$-discriminantal variety, up to scaling of coordinates by $\mathbf{d}$.
Our basic reference on $A$-discriminants will be [@GKZ]. The definition and basic properties of $A$-discriminantal variety and reduced $A$-discriminantal variety will be recalled in Section \[A-discriminants\].
Examples and remarks
====================
A point $\{\mathbf{p}\} \in (\mathbb{C}^*)^m$ has maximum likelihood degree one. The corresponding Horn uniformization is the constant map $$\Psi: \mathbb{P}^{m-1}\longrightarrow (\mathbb{C}^*)^m, \qquad \mathbf{u} \longmapsto \mathbf{d} \circ (B\mathbf{u})^B,$$ where $$\mathbf{d}=-\mathbf{p} \qquad \text{and} \qquad B=\left[\begin{array}{rrrrr}1 & \cdots & 1 \\ -1 & \cdots & -1 \end{array}\right].$$ The choice of $\mathbf{d}$ and $B$ is in general not unique. For example, without changing $\Psi$ one may take $$\mathbf{d}=-\frac{27}{4}\mathbf{p} \qquad \text{and} \qquad B=\left[\begin{array}{rrrrr}1 & \cdots & 1 \\ 2 & \cdots & 2 \\ -3&\cdots & -3\end{array}\right].$$ Consequently, the choice of $A$ in Theorem \[main2\] is not unique.
Consider two binary random variables, and write $\mathbf{p}=(p_{00},p_{01},p_{10},p_{11})$ for the joint probabilities corresponding to four possible outcomes. The case when the two events are independent can be modeled by the algebraic variety $$X=\Big\{\mathbf{p} \mid p_{00}p_{11}-p_{01}p_{10}=0,\ p_{00}+p_{01}+p_{10}+p_{11}=1\Big\} \subseteq (\mathbb{C}^*)^4.$$ $X$ has maximum likelihood degree one, and the likelihood function of $X$ corresponding to a given data vector $\mathbf{u}=(u_{00},u_{01},u_{10},u_{11})$ is maximized at its unique critical point $$\mathbf{p}=\Psi(\mathbf{u})=\Bigg(\frac{u_{0+}u_{+0}}{u_{++}^2},\frac{u_{0+}u_{+1}}{u_{++}^2},\frac{u_{1+}u_{+0}}{u_{++}^2},\frac{u_{1+}u_{+1}}{u_{++}^2}\Bigg),$$ where $$\left[\begin{array}{l} u_{0+} \\u_{1+} \\u_{++} \\u_{+0} \\u_{+1} \end{array}\right]:=\left[\begin{array}{c} u_{00}+u_{01} \\u_{10}+u_{11} \\u_{00}+u_{01}+u_{10}+u_{11} \\u_{00}+u_{10} \\u_{01}+u_{11} \end{array}\right].$$ The critical point $\Psi(\mathbf{u})$ provides parameters $\mathbf{p}$ which best explains $\mathbf{u}$. Note that $\Psi$ is the Horn uniformization $$\Psi: \mathbb{P}^3 \dashrightarrow (\mathbb{C}^*)^4, \qquad \mathbf{u} \longmapsto \mathbf{d} \circ (B\mathbf{u})^B,$$ with $$\mathbf{d}=(4,4,4,4)
\qquad \text{and} \qquad B=\left[\begin{array}{rrrr}
1 & 1 & 0 & 0 \\
0& 0 & 1& 1\\
-2 & -2 & -2 &-2\\
1 &0 &1 &0\\
0&1&0&1
\end{array}\right].$$ We check that $X$ is the image of an $A$-discriminant under a monomial map. Choose an integral matrix $A$ with $AB=0$ as in Theorem \[main2\]. For example, one may take $$A=\left[\begin{array}{rrrrr} 1 &1 &1 &1 &1 \\ 0&0&1&2&2 \end{array}\right].$$ We index the columns of $A$ by the variables $\mathbf{q}=(q_{0+},q_{1+},q_{++},q_{+0},q_{+1})$, and consider the space of all polynomials in $t$ of the form $$F(t)=(q_{0+}+q_{1+})+q_{++} \cdot t + (q_{+0}+q_{+1}) \cdot t^2.$$ By definition, the $A$-discriminant is the closure of the set of all such $F$ with a double root $$\nabla_A = \Big\{\mathbf{q} \in \mathbb{C}^5 \mid q_{++}^2-4(q_{0+}+q_{1+})(q_{+0}+q_{+1})=0\Big\} \subseteq \mathbb{C}^5.$$ The monomial map $$\mathbf{d} \circ \phi^B : (\mathbb{C}^*)^5 \longrightarrow (\mathbb{C}^*)^4, \qquad \mathbf{q} \longmapsto \mathbf{d} \circ \mathbf{q}^B=\Bigg(\frac{4q_{0+}q_{+0}}{q_{++}^2},\frac{4q_{0+}q_{+1}}{q_{++}^2},\frac{4q_{1+}q_{+0}}{q_{++}^2},\frac{4q_{1+}q_{+1}}{q_{++}^2}\Bigg)$$ maps the $A$-discriminant $\nabla_A \cap (\mathbb{C}^*)^5 $ dominantly to $X$.
Decomposable graphical models form an interesting class of varieties with maximum likelihood degree one. An explicit rational expression of the maximum likelihood estimator $\Psi$ is known in this case [@Lauritzen Chapter 4.4]. We invite the reader to check that this $\Psi$ indeed is a Horn uniformization.
\[FourOne\] In general, the maximum likelihood degree of a variety is different from that of its image under a finite monomial map. For example, the curve $$\big\{p_1^2+p_2^2=1\big\} \subseteq (\mathbb{C}^*)^2$$ has maximum likelihood degree $4$, but its image under the monomial map $$(\mathbb{C}^*)^2 \longrightarrow (\mathbb{C}^*)^2, \qquad (p_1,p_2) \longmapsto (p_1^2,p_2^2)$$ has maximum likelihood degree $1$.
Suppose $X \subseteq (\mathbb{C}^*)^m$ has maximum likelihood degree one. Then the tropicalization of $X$ can be computed from the Bergman fan of the matroid defined by the matrix $B$ of Theorem \[main1\]. See [@DFS Section 3].
Let $\mathbb{P}^{m-1}$ be the projective space with homogeneous coordinates $p_1,\ldots,p_m$. In [@Hosten-Khetan-Sturmfels; @Sturmfels], the maximum likelihood degree is defined for a closed subvariety $X$ of $$H:=\Big\{\mathbf{p}=(p_1,\ldots,p_m) \in \mathbb{P}^{m-1} \mid p_1\cdots p_m(p_1+\cdots+p_m)\neq 0\Big\}.$$ If $\mathbf{u}=(u_1,\ldots,u_m)$ is a given data vector, then the corresponding likelihood function of $X$ is defined to be $$L(\mathbf{p},\mathbf{u})=\frac{p_1^{u_1} \cdot \cdots \cdot p_m^{u_m}}{(p_1+\cdots+p_m)^{u_1+\cdots+u_m}}: X \longrightarrow \mathbb{C}^*.$$ We note that this setting is compatible with ours. Indeed, $H$ can be viewed as the hyperplane $\big\{\sum_{i=1}^m p_i=1\big\}\subseteq(\mathbb{C}^*)^m$ by the closed embedding $$\iota: H \longrightarrow (\mathbb{C}^*)^m, \qquad \mathbf{p} \longmapsto \Bigg(\frac{p_1}{p_1+\cdots+p_m},\ldots,\frac{p_m}{p_1+\cdots+p_m}\Bigg).$$ The two definitions of the likelihood function of $X$ agrees under the pullback by $\iota$.
\[Caution\] Suppose $X$ is a hypersurface of $(\mathbb{C}^*)^m$. For a smooth point $x$ of $X$, let $\gamma_x$ be the derivative of the inclusion followed by that of the left-translation $x^{-1} \circ -$ $$\gamma_x: T_x X \longrightarrow T_{x} (\mathbb{C}^*)^m \longrightarrow \mathfrak{g}:=T_{\mathbf{1}} (\mathbb{C}^*)^m.$$ This defines the *logarithmic Gauss map* to the space of hyperplanes of the Lie algebra $$\gamma: X \dashrightarrow \mathbb{P}(\mathfrak{g}^\vee), \qquad x \longmapsto \text{im}(\gamma_x).$$ $X$ has maximum likelihood degree one if and only if $\gamma$ is birational, because the set of critical points of the likelihood function of $X$ corresponding to $\mathbf{u}=(u_1,\ldots,u_m)$ is the fiber of $\gamma$ over the point $$\sum_{i=1}^m u_i \cdot \text{dlog} (p_i) \in H^0\Big((\mathbb{C}^*)^m, \Omega^1_{(\mathbb{C}^*)^m}\Big) \simeq \mathfrak{g}^\vee.$$ See Section \[SectionProof\] for more details.
Kapranov states in [@Kapranov Theorem 1.3] that
1. if $X$ is a reduced $A$-discriminantal hypersurface, then $\gamma$ is birational, and
2. \[Correction\] if $\gamma$ is birational, then $X$ is a reduced $A$-discriminantal hypersurface, up to an automorphism of the ambient torus.
As pointed out in [@CD Section 2], a small correction needs to be made on the statement (\[Correction\]). If $\gamma$ is birational, then there is a monomial map with finite fibers $$\mathbb{T}\big(\text{ker}(A) \big) \longrightarrow (\mathbb{C}^*)^m,$$ which maps the reduced $A$-discriminantal variety in $ \mathbb{T}\big(\text{ker}(A) \big) $ birationally onto $X$.
If $X \subseteq (\mathbb{C}^*)^m$ is smooth of dimension $d$, then the maximum likelihood degree of $X$ is the signed Euler-Poincaré characteristic $(-1)^d \chi(X)$. See [@Franecki-Kapranov; @HuhML].
Gabber and Loeser shows in [@Gabber-Loeser Théorème 8.2] that a perverse sheaf is irreducible and has Euler-Poincaré characteristic one if and only if it is hypergeometric. It would be interesting to understand the relation between this result and that of the present paper. See also [@LS1; @LS2].
Proofs {#SectionProof}
======
We closely follow [@GKZ; @HuhML; @Kapranov]. Arguments will be reproduced as needed, for the sake of self-containedness.
{#GaussMap}
Let $X \subseteq (\mathbb{C}^*)^m$ be a closed and irreducible subvariety of dimension $d$. We write the closed embedding by $$\varphi: X \longrightarrow (\mathbb{C}^*)^m, \qquad \varphi=(\varphi_1,\ldots,\varphi_m).$$ For a smooth point $x$ of $X$, let $\gamma_x$ be the derivative of $\varphi$ followed by that of the left-translation $\varphi(x)^{-1} \circ -$ $$\gamma_x: T_x X \longrightarrow T_{\varphi(x)} (\mathbb{C}^*)^m \longrightarrow T_{\mathbf{1}} (\mathbb{C}^*)^m.$$ In local coordinates, $\gamma_x$ is represented by the logarithmic jacobian matrix $$\Bigg(\frac{\partial \log \varphi_i}{\partial x_j}\Bigg), \quad 1 \le i \le m, \quad 1 \le j \le d.$$ This defines the logarithmic Gauss map to the Grassmannian of the Lie algebra $\mathfrak{g}$ of $(\mathbb{C}^*)^m$ $$\gamma: X \dashrightarrow \text{Gr}(d,\mathfrak{g}), \qquad x \longmapsto \text{im}(\gamma_x).$$ When $X$ is a hypersurface, $\gamma$ agrees with the logarithmic Gauss map of [@GKZ Section 9.3]: $$\gamma: X \dashrightarrow \text{Gr}(m-1,\mathfrak{g}) = \mathbb{P}(\mathfrak{g}^\vee).$$
{#section-2}
We write $\mathbf{p}=(p_1,\ldots,p_m)$ for the coordinate functions of $(\mathbb{C}^*)^m$ as before. This defines a basis of the dual $\mathfrak{g}^\vee \simeq \mathbb{C}^m$ corresponding to differential forms $$\text{dlog} (p_1), \ldots, \text{dlog} (p_m) \in H^0\Big((\mathbb{C}^*)^m, \Omega^1_{(\mathbb{C}^*)^m}\Big).$$ Hereafter we fix this choice of basis of $\mathfrak{g}^\vee$, and identify $\mathfrak{g}^\vee$ with the space of data vectors $\mathbf{u}$. Consider the vector bundle homomorphism defined by the pullback of differential forms $$\gamma^\vee: X_{\text{sm}} \times \mathfrak{g}^\vee \longrightarrow \Omega^1_{X_{\text{sm}}}, \qquad (x,\mathbf{u}) \longmapsto \sum_{i=1}^m u_i \cdot \text{dlog}(\varphi_i) (x), \qquad \mathbf{u}=(u_1,\ldots,u_m).$$ The induced linear map $\gamma^\vee_x$ between the fibers over a smooth point $x$ is dual to the injective linear map of the previous subsection $$\gamma_x: T_x X \longrightarrow \mathfrak{g}.$$ Therefore $\gamma^\vee$ is surjective and $\text{ker}(\gamma^\vee)$ is a vector bundle.
The *variety of critical points* of $X\subseteq (\mathbb{C}^*)^m$ is defined to be the closure $$\mathfrak{X} := \overline{\mathbb{P}\big(\text{ker}(\gamma^\vee)\big)} \subseteq X \times \mathbb{P}(\mathfrak{g}^\vee).$$
Note that $\text{ker}(\gamma^\vee)$ is a vector bundle of rank $m-d$. Therefore $\mathfrak{X}$ is irreducible and $$\dim \mathfrak{X}=m-1.$$ If $\mathbf{u}$ is integral and $x$ is a smooth point of $X$, then $(x,\mathbf{u})$ is in $\mathfrak{X}$ if and only if $x$ is a critical point of the likelihood function of $X$ corresponding to $\mathbf{u}$. Since $\dim \mathfrak{X}= \dim \mathbb{P}(\mathfrak{g}^\vee)$, the maximum likelihood degree of $X$ is finite and well-defined.
{#section-3}
Write $\mathbb{P}^{m-1}$ for the projective space $\mathbb{P}({\mathfrak{g}^\vee})$ with the homogeneous coordinates $\mathbf{u}$. Let $\Psi$ be a rational map $$\Psi: \mathbb{P}^{m-1} \dashrightarrow (\mathbb{C}^*)^m, \qquad \Psi=(\Psi_1,\ldots,\Psi_m).$$ Each component of $\Psi$ should be a homogeneous rational function of degree zero in the variables $\mathbf{u}$. We have Euler’s relation $$\sum_{i=1}^m u_i \frac{\partial \log \Psi_j}{\partial u_i}=0, \qquad 1 \le j \le m.$$ The following lemma will play a central role in the proof of Theorem \[main1\].
\[KeyLemma\] Suppose that the closure of the image of $\Psi$ is $X$. Then the following conditions are equivalent.
1. \[Condition0\] $\mathfrak{X}$ is the closure of the graph of $\Psi$.
2. \[Condition1\] The graph of $\Psi$ is contained in $\mathfrak{X}$.
3. \[Condition2\] We have $$\sum_{i=1}^m u_i \frac{\partial \log \Psi_i}{\partial u_j}=0, \qquad 1 \le j \le m.$$
4. \[Condition4\] We have $$\frac{\partial \log \Psi_i}{\partial u_j} = \frac{\partial \log \Psi_j}{\partial u_i}, \qquad 1 \le i \le m, \quad 1 \le j \le m.$$
Since $\mathfrak{X}$ is irreducible of dimension $m-1$, (\[Condition0\]) and (\[Condition1\]) are equivalent. We prove that (\[Condition1\]) and (\[Condition2\]) are equivalent.
By generic smoothness, for a sufficiently general $\mathbf{u} \in \mathfrak{g}^\vee$,
1. $\Psi(\mathbf{u})$ is a smooth point of $X$, and
2. $\Psi |_U: U \to X$ is a submersion for a small neighborhood $U$ of $\mathbf{u}$ in $\mathbb{P}^{m-1}$.
Note from the construction of $\mathfrak{X}$ that the graph of $\Psi$ is contained in $\mathfrak{X}$ if and only if such $\mathbf{u}$ is contained in the kernel of $\gamma^\vee_{\Psi(\mathbf{u})}$. Dually, this condition is satisfied if and only if the hyperplane of $\mathfrak{g}$ defined by $\mathbf{u}$ contains the image of $$\gamma_{\Psi(\mathbf{u})}: T_{\Psi(\mathbf{u})} X \longrightarrow \mathfrak{g}.$$ We express this last condition in terms of equations.
Fix a sufficiently general $\mathbf{u} \in \mathfrak{g}^\vee$ as above. The key player is the linear mapping $$\Phi:\mathfrak{g}^\vee \longrightarrow \mathfrak{g},$$ defined as the composition $$\mathfrak{g}^\vee \simeq T_\mathbf{u} \hspace{0.5mm}\mathfrak{g}^\vee \longrightarrow T_\mathbf{u} \hspace{0.5mm}\mathbb{P}^{m-1} \longrightarrow T_{\Psi(\mathbf{u})} (\mathbb{C}^*)^m \longrightarrow \mathfrak{g}.$$ The first is the derivative of the quotient map defining $\mathbb{P}^{m-1}$, the second is the derivative of $\Psi$, and the last is the derivative of the left-translation $\Psi(\mathbf{u})^{-1} \circ - $. In coordinates, $\Phi$ is represented by the logarithmic jacobian matrix $$\left[\begin{array}{ccccc} \frac{\partial \log \Psi_1}{\partial u_1} & \cdots & \frac{\partial \log \Psi_1}{\partial u_m} \\ \vdots & \ddots&\vdots \\ \frac{\partial \log \Psi_m}{\partial u_1} & \cdots & \frac{\partial \log \Psi_m}{\partial u_m} \end{array}\right].$$ By the genericity assumption on $\mathbf{u}$ made above, the columns of the logarithmic jacobian matrix generate the image of $\gamma_{\Psi(\mathbf{u})}$ in $\mathfrak{g}$. Therefore the image of $\gamma_{\Psi(\mathbf{u})}$ is contained in the hyperplane defined by $\mathbf{u}$ if and only if $$\left[\begin{array}{ccccc} \frac{\partial \log \Psi_1}{\partial u_1} & \cdots & \frac{\partial \log \Psi_m}{\partial u_1} \\ \vdots &\ddots &\vdots \\ \frac{\partial \log \Psi_1}{\partial u_m} & \cdots & \frac{\partial \log \Psi_m}{\partial u_m} \end{array}\right] \left[\begin{array}{c} u_1 \\ \vdots \\ u_m \end{array}\right]=0.$$ This proves the equivalence of (\[Condition1\]) and (\[Condition2\]).
Now suppose that (\[Condition2\]) holds. Then $$\frac{\partial}{\partial u_j}\Bigg(\sum_{k=1}^m u_k \log \Psi_k\Bigg) = \log \Psi_j + \sum_{i=1}^m u_i \frac{\partial \log \Psi_i}{\partial u_j}=\log \Psi_j,$$ and hence $$\frac{\partial \log \Psi_j}{\partial u_i} = \frac{\partial}{\partial u_i} \frac{\partial }{ \partial u_j} \Bigg(\sum_{k=1}^m u_k\log \Psi_k\Bigg)
= \frac{\partial}{\partial u_j} \frac{\partial }{ \partial u_i} \Bigg(\sum_{k=1}^m u_k\log \Psi_k\Bigg)=\frac{\partial \log \Psi_i}{\partial u_j}.$$ Therefore (\[Condition2\]) implies (\[Condition4\]). Lastly, (\[Condition2\]) is obtained from Euler’s relation and (\[Condition4\]).
{#section-4}
We continue to assume that $\Psi$ is a rational function from $\mathbb{P}^{m-1}$ to $(\mathbb{C}^*)^m$ whose components are homogeneous of degree zero in the variables $\mathbf{u}$. The following statement can be found in [@Kapranov Proposition 3.1], where Kapranov attributes the result to Horn [@Horn].
\[Kapranov-Horn\] The following conditions are equivalent.
1. \[Horn1\] We have $$\frac{\partial \log \Psi_i}{\partial u_j} = \frac{\partial \log \Psi_j}{\partial u_i}, \qquad 1 \le i \le m, \quad 1 \le j \le m.$$
2. \[Horn2\] There is a vector of nonzero constants $\mathbf{d}=(d_1,\ldots,d_m)$, a positive integer $n$, and an integral matrix $$B=\left[\begin{array}{ccccc} b_{11} & \cdots & b_{1m} \\ \vdots & \ddots& \vdots \\ b_{n1}& \cdots & b_{nm}\end{array}\right]$$ whose column sums are zero, such that $$\Psi_k(u_1,\ldots,u_m)= d_k \prod_{i=1}^n \Big(\sum_{j=1}^m b_{ij}u_j\Big)^{b_{ik}}, \qquad 1 \le k \le m.$$ Here we agree that zero to the power of zero is one.
We employ the notation introduced in Lemma \[Notation\]. Use unique factorization in $\mathbb{C}[u_1,\ldots,u_m]$ to write $$\Psi = \mathbf{f}^B,$$ where
1. $\mathbf{f}=(f_1,\ldots,f_n)$ is a vector of irreducible homogeneous polynomials of degrees $(\delta_1,\ldots,\delta_n)$ in the variables $\mathbf{u}$, and
2. $B$ is an $n \times m$ integral matrix such that $$\big[\delta_1,\ldots,\delta_n\big] \left[\begin{array}{ccccc} b_{11} & \cdots & b_{1m} \\ \vdots & \ddots& \vdots \\ b_{n1}& \cdots & b_{nm}\end{array}\right] =0.$$
We may assume that $f_i$ and $f_j$ are relatively prime to each other for $i \neq j$. Now (\[Horn1\]) reads $$\sum_{k=1}^n \Bigg(b_{ki}\frac{\partial f_k}{\partial u_j}-b_{kj}\frac{\partial f_k}{\partial u_i}\Bigg) f_1\cdots \hat f_k \cdots f_n= 0.$$ Since the polynomial inside the parenthesis has degree one less than $f_k$, which is relatively prime to all the other components of $\mathbf{f}$, we have $$b_{ki}\frac{\partial f_k}{\partial u_j}-b_{kj}\frac{\partial f_k}{\partial u_i}=0.$$ Therefore there are homogeneous polynomials $g_k$ in $\mathbf{u}$ such that $$\frac{\partial f_k}{\partial u_i}=b_{ki} \cdot g_k.$$ Now use Euler’s relation to note that $$\delta_k f_k=\sum_{i=1}^m u_i \frac{\partial f_k}{\partial u_i}=\Bigg(\sum_{i=1}^m b_{ki} u_i \Bigg) g_k.$$ Since $f_k$ are assumed to be irreducible, $g_k$ should be nonzero constants. This shows that $$\mathbf{f}=\mathbf{e}\circ B\mathbf{u}$$ for a vector of nonzero constants $\mathbf{e}=(e_1,\ldots,e_n)$. The proof is completed by setting $$\mathbf{d}=\mathbf{e}^B.$$
{#section-5}
Suppose that $X$ has maximum likelihood degree one. Let $\text{pr}_1$ and $\text{pr}_2$ be the projections $$\xymatrix{
&\mathfrak{X} \ar[dl]_{\text{pr}_1} \ar[dr]^{\text{pr}_2}&\\
X&& \mathbb{P}^{m-1}
}$$ The assumption made on $X$ is equivalent to the statement that $\text{pr}_2$ is a birational morphism. Let $\text{pr}_2^{-1}$ be the rational inverse of $\text{pr}_2$, and define $$\Psi:=\text{pr}_1 \circ \text{pr}_2^{-1}: \mathbb{P}^{m-1} \dashrightarrow (\mathbb{C}^*)^m.$$ Since the graph of $\Psi$ is contained in $\mathfrak{X}$, Lemma \[KeyLemma\] and Lemma \[Kapranov-Horn\] prove what we want.
Conversely, suppose that $\Psi$ is a rational map of the form $$\Psi=\mathbf{d} \circ (B\mathbf{u})^B,$$ which maps dominantly to $X$. By Lemma \[KeyLemma\] and Lemma \[Kapranov-Horn\], $\mathfrak{X}$ is the closure of the graph of $\Psi$. This shows that $\text{pr}_2$ is a birational morphism.
The above argument also shows that $X\subseteq (\mathbb{C}^*)^m$ uniquely determines, and is determined by, the rational map $\Psi$.
{#A-discriminants}
Before proceeding to the proof of Theorem \[main2\], we recall the definition and basic properties of $A$-discriminantal varieties and reduced $A$-discriminantal varieties, following [@GKZ Chapter 9]. Some notations are adjusted for the internal consistency of the present paper.
Let $A$ be an integral matrix of the form $$A=\left[\begin{array}{ccccc} 1 & \cdots & 1 \\ a_{21} & \cdots & a_{2n} \\ \vdots & \ddots& \vdots \\ a_{k1}& \cdots & a_{kn}\end{array}\right]$$ whose columns generate $\mathbb{Z}^k$. Write $\{\omega_1,\ldots,\omega_n\}$ for the set of column vectors of $A$, and consider the affine space $\mathbb{C}^n$ of Laurent polynomials of the form $$F(\mathbf{t}) = \sum_{i=1}^n q_{i} \cdot \mathbf{t}^{\omega_i}, \qquad \mathbf{q}=(q_1,\ldots,q_n) \in \mathbb{C}^n,\qquad \mathbf{t}=(t_1,\ldots,t_k).$$
The *$A$-discriminantal variety* $\nabla_A$ is the closure of the set $$\nabla_A^\circ = \Big\{F \in \mathbb{C}^n\mid \text{ $\{F=0\}$ has a singular point in $(\mathbb{C}^*)^k$}\Big\} \subseteq \mathbb{C}^n .$$
The projective dual of $\mathbb{P}(\nabla_A) \subseteq \mathbb{P}^{n-1}$ is the toric variety $X_A \subseteq \mathbb{P}^{n-1}$, defined as the closure of the image of the monomial map $$(\mathbb{C}^*)^k \longrightarrow \mathbb{P}^{n-1}, \qquad \mathbf{t} \longmapsto \mathbf{t}^A=(\mathbf{t}^{\omega_1},\ldots,\mathbf{t}^{\omega_n}).$$
Let $\mathscr{B}$ be an integral matrix whose columns form a basis of $\ker A$. In other words, $\mathscr{B}$ is a Gale dual of $A$. We have exact sequences $$\xymatrix{
0 \ar[r]& \ker(A) \simeq \mathbb{Z}^{n-k} \ar[r]^{\hspace{8mm} \mathscr{B}} & \mathbb{Z}^n \ar[r]^A& \mathbb{Z}^k \ar[r]& 0
}$$ and $$\xymatrix{
0 \ar[r]& (\mathbb{C}^*)^k \ar[r]^{\phi^A} & (\mathbb{C}^*)^n \ar[r]^{\phi^{\mathscr{B}}\hspace{13mm} }& (\mathbb{C}^*)^{n-k} \simeq \mathbb{T}\big(\ker(A)\big)\ar[r]& 0.
}$$ Note that $\nabla_A$ is invariant under the action of $(\mathbb{C}^*)^k$.
The *reduced $A$-discriminantal variety* $\widetilde \nabla_A$ is the image of $\nabla_A \cap (\mathbb{C}^*)^n$ in $\mathbb{T}(\ker A)$.
Reduced $A$-discriminantal varieties admit a Horn uniformization [@GKZ Theorem 9.3.3]:
\[HD\] Let $\mathscr{P}$ be the Horn uniformization $$\mathscr{P}: \mathbb{P}^{n-k-1} \dashrightarrow (\mathbb{C}^*)^{n-k}, \qquad \mathbf{v} \longmapsto ( \mathscr{B}\mathbf{v})^{\mathscr{B}}.$$ Then the closure of the image of $\Psi$ is the reduced $A$-discriminantal variety $\widetilde \nabla_A$.
{#section-6}
Suppose that $X$ has maximum likelihood degree one. Then, by Theorem \[main1\], there is a set of nonzero constants $\mathbf{d}=(d_1,\ldots,d_m)$ and an $n \times m$ integral matrix $B$ whose column sums are zero such that the Horn uniformization $$\Psi: \mathbb{P}^{m-1} \dashrightarrow (\mathbb{C}^*)^m, \qquad \mathbf{u} \longmapsto \mathbf{d} \circ (B \mathbf{u})^B$$ maps dominantly to $X$. Write $n-k$ for the rank of $B$, and consider the largest subgroup $\mathbb{Z}^n$ of rank $n-k$ containing all the columns of $B$. Let $\mathscr{B}$ be a matrix whose columns form a basis of this subgroup. Let $A$ and $C$ be integral matrices such that
1. $AB=0$,
2. $B=\mathscr{B}C$,
3. the first row of $A$ is $(1,\ldots,1)$, and
4. the top row of the diagram below is exact: $$\xymatrix{
0 \ar[r]&\mathbb{Z}^{n-k} \ar[r]^{\mathscr{B}}&\mathbb{Z}^n \ar[r]^A& \mathbb{Z}^k \ar[r]& 0\\
&\mathbb{Z}^m \ar[ur]_B \ar[u]^C&\\
}$$
Let $\mathscr{P}$ be the Horn uniformization $$\mathscr{P}: \mathbb{P}^{n-k-1} \dashrightarrow (\mathbb{C}^*)^{n-k}, \qquad \mathbf{v} \longmapsto ( \mathscr{B}\mathbf{v})^{\mathscr{B}}.$$ In the notation introduced in Section \[1.2\], we have a commutative diagram $$\xymatrix{
\mathbb{P}^{n-k-1} \ar@{-->}[r]^{\mathscr{P}}& (\mathbb{C}^*)^{n-k} \ar[d]_{\mathbf{d} \circ \phi^C} & \ar[l]_{\quad \phi^{\mathscr{B}}} \ar[dl]^{\mathbf{d} \circ \phi^B}(\mathbb{C}^*)^n\\
\mathbb{P}^{m-1} \ar@{-->}[r]_{\Psi} \ar@{-->}[u]^{\phi_C}& (\mathbb{C}^*)^m &
} \qquad$$ By Theorem \[HD\], the commutative diagram restricts to that of dominant mappings $$\xymatrix{
\mathbb{P}^{n-k-1} \ar@{-->}[r]& \widetilde\nabla_A \ar[d] & \ar[l] \ar[dl] \nabla_A \cap (\mathbb{C}^*)^n\\
\mathbb{P}^{m-1} \ar@{-->}[r] \ar@{-->}[u]& X &
}$$ This proves that (\[5.1\]) implies (\[5.2\]). Commutativity of the above diagrams also show that the monomial map with finite fibers $$\mathbf{d} \circ \phi^C: (\mathbb{C}^*)^{n-k} \longrightarrow (\mathbb{C}^*)^m$$ restricts to a birational isomorphism $$\widetilde \nabla_A \longrightarrow X.$$ Indeed, by Lemma \[KeyLemma\] a fiber of $\Psi $ over a general point of $X$ is connected.
Conversely, suppose that $X$ satisfies the condition (\[5.2\]). Theorem \[HD\] and Theorem \[main1\] show that a reduced $A$-discriminantal variety has maximum likelihood degree one. Therefore, by Corollary \[PartialOrder\], $X$ has maximum likelihood degree one.
Acknowledgements {#acknowledgements .unnumbered}
================
The author thanks Mikhail Kapranov and Bernd Sturmfels for the suggestion of the problem and for helpful discussions. He is grateful to Alicia Dickenstein and Seth Sullivant for useful comments.
[GWPL76]{}
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|
Q:
Set variable to replace parentheses and spaces
I was trying to write a batch that could essentially replace a string like 1 (1) --> x01y01 or 20 (20) --> x20y20. So I was working with a batch I already had that another user helped me with. I was trying to do something like
SET OriginalName=!OriginalName:)=!
SET OriginalName=!OriginalName: (=y!
This would at least remove that parentheses and space and leave me with 1y1 and 20y20 and I would try and add the rest but I don't know how to deal with the parentheses and spaces. i couldn't find an answer in here.
A:
Make sure you have this at the beginning of your script (or at least at the beginning of the script below):
SETLOCAL EnableDelayedExpansion
If the first and second number are always the same use this:
SET "num=!OriginalName:~,2!"
IF !num! LEQ 9 (
SET "OriginalName=x0!OriginalName:)=!"
SET "OriginalName=!OriginalName: (=y0!"
) ELSE (
SET "OriginalName=x!OriginalName:)=!"
SET "OriginalName=!OriginalName: (=y!"
)
Input: 1 (1) and 20 (20)
Output: x01y01 and x20y20
If the first and second number are not always the same use this:
SET "num_1=!OriginalName:~,2!"
IF !num_1! LEQ 9 (
SET "OriginalName=x0!OriginalName:)=!"
) ELSE (
SET "OriginalName=x!OriginalName:)=!"
)
SET "num_2=!OriginalName:~-2!"
IF !num_2! LEQ 9 (
SET "OriginalName=!OriginalName: (=y0!"
) ELSE (
SET "OriginalName=!OriginalName: (=y!"
)
Input: 1 (20) and 20 (1)
Output: x01y20 and x20y01
|
Q:
How do I debug webpack-dev-server's built-in express server in VS code?
I've got a configuration file where in the webpack devServer config
Withing the webpack devServer config, I have defined a express middleware function:
devServer: {
before(app){
init(app);
},
...
}
Where init is a function of the form:
init(app){
app.get('/endpoint', (req,res,next)=> {...;debugger; next();});
...
}
How can I debug this webpack-dev-server code?
I would prefer if I could debug it straight in VSCode, but I'm happy to use in-browser debugging if necessary.
A:
As it turns out, there was a pretty simple way to debug webpack-dev-server in VSCode. Just debug the executable as a node file!
Here was my launch.json:
{
"type": "node",
"request": "launch",
"name":"launch webpack-dev-server",
"program": "${workspaceFolder}/node_modules/webpack-dev-server/bin/webpack-dev-server.js",
"args": ["--progress", "--inline", "--config", "build/webpack.dev.conf.js"]
},
( To anyone who copies this, you will have to change the webpack configuration file path arg to whatever it is on your machine. )
Notably, you can debug webpack build scripts in the exact same way:
{
"type": "node",
"request": "launch",
"name":"launch webpack",
"program": "${workspaceFolder}/node_modules/webpack/bin/webpack.js",
"args": ["--progress", "--config", "build/webpack.prod.conf.js"]
},
Note: this debugs the build / server itself. If you want to debug the output files, you need to also attach a debugger to the url. You can do that using using something like the chrome debugger.
|
Q:
openpyxl iterate through rows and apply formula
I am trying to iterate through the rows of a particular column in an Excel worksheet, apply a formula, and save the output. I'm struggling to get my code right and am not sure where to go next.
My code so far:
import openpyxl
wb = openpyxl.load_workbook('test-in.xlsx')
sheet = wb.worksheets[2]
maxRow = sheet.max_row
for row in range(2, maxRow)
wb.save('test-out.xlsx')
So I'm not clear how to write my for loop to write the results of applying the =CLEAN(D2) formula, in column E. I can apply the formula to a single cell with:
sheet['I2'] = '=CLEAN(D2)'
However I'm not sure how I can incorporate this into my for loop!
Any help much appreciated...
A:
Try this (max_row_num is yours maxRow - in Python we usually do not use cameCase for variables):
for row_num in range(2, max_row_num):
sheet['E{}'.format(row_num)] = '=CLEAN(D{})'.format(row_num)
|
Synopsis
Ashley Tisdale is an American actress, singer, and producer. She was known as Sharpay Evans in the High School Musical franchise. She was critically and commercially praised for the role. To her debut album, “Headstrong” Recording Industry Association of America (RIAA) certified gold.Birth
Ashley was born on July 2, 1985, in Monmouth County, New Jersey, USA. Her nationality is American and ethnicity is mixed.Education and Early Career
Ashley’s education was paused to high school because she started working for High School Musical movies. Ashley attended Valencia High School. Family life
Michael Tisdale and Lisa Morris are Ashley’s parents. She has an elder sister Jennifer Tisdale, who is also an actress and producer.Professional Career
Ashley had a huge interest in singing and at an early age of 8, she was called to cast to play in the musical Les Miserables. Later at the age of 12, she got a chance to sing in front of President Bill Clinton in an event in White House.
After Tisdale moved to Los Angeles in late 1990s along with her family, she got a chance to be featured in minor television roles including in Smart Guy , The Hughleys, Boston Public and 7th Heaven. In 2006, she was featured in American teen/romantic comedy-musical television film High School Musical. And later in 2007, she also got a chance to be featured in the sequel of High School Musical which was High School Musical 2 and High School Musical 3: Senior Year.
In 2009, Ashley also got the chance to be part of American family science fiction comedy film “Aliens in the Attic”. Tisdale’s other successful movie is American musical romantic comedy film Sharpay's Fabulous Adventure. Her other major movies are Scary Movie 5, Saving Santa, Hellcats, Playing It Cool. While in 2016, she is scheduled to feature in American comedy film “Amateur Night” and American-Canadian 3D computer-animated musical comedy film “Charming”.
Ashley has also been active in a musical career, where she has released several albums and has also been awarded several awards for her successful music. In 2011, Tisdale released her first musical album “Headstrong”. Her other musical albums include “Degree Girl: OMG! Jams”, “Guilty Pleasure” and “Sharpay's Fabulous Adventure”.Personal Life
Going into Ashley’s personal life, she was linked with many guys. At the beginning, she dated Jared Murillo, an American singer in 2007. They were very romantically involved in a relationship and but lasted for two years till 2009. Later she was spotted with Scott Speer, a successful American director in various events and parties from 2009 to 2011. It was also said that she was with Martin Johnson, an American singer but this was a short term relationship
Finally, Ashley found her soul-mate in 2012, an American Musician, Christopher French. The couple got engaged after dating for a year. After a year of engagement, they got married on 8th September 2014, in a small private ceremony in Santa Barbara, California. The couple is very happily married but has no children yet and there is no sign of any separation.Net Worth and Salary
From her dedicated work, she has accumulated a total net worth is $5 Million which is still growing.Body measurement or physical features
Ashley has a height of 5 feet 3 inches. Her body weighs 52kg. She is a Blonde with Light Brown eyes. Her body measurements measures at 34-25-36 inches. Her dress size is 4(US), her shoe size is 8 and needs a bra size of 34A.Wiki and Facts
Ashley Michelle Tisdale is her birth name. She was presented with the Young Hollywood Awards for Social Media Superstar in 2014. Ashley was previously in rumor when a website claimed that she is HIV Positive. She had contaminated by the disease during the rhinoplasty procedure.Social Media
Ashley is active on Facebook, Twitter and Instagram. Her Official Instagram account “@ashleytisdale”, has 9.6M followers. She has 14.1M followers on her Twitter account: @ashleytisdaleand. Her official Facebook profile has been followed by 19M followers. |
FILED
NOT FOR PUBLICATION JAN 28 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JEROME A. CLAY, JR., No. 13-17523
Plaintiff - Appellant, D.C. No. 2:13-cv-01028-GEB-
CKD
v.
PACIFIC BELL TELEPHONE MEMORANDUM*
COMPANY, INC., a California
Corporation; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Jerome A. Clay, Jr. appeals pro se from the district court’s judgment
dismissing his action alleging various federal and state law claims related to his
employment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir. 2010) (dismissal under Fed. R. Civ. P.
12(b)(6)); Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir. 2003) (dismissal for
failure to exhaust administrative remedies). We may affirm on any ground
supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116,
1121 (9th Cir. 2008). We affirm in part, reverse in part, and remand.
The district court properly dismissed Clay’s claim under California’s Unruh
Civil Rights Act because “the Unruh Civil Rights Act has no application to
employment discrimination.” Rojo v. Kliger, 801 P.2d 373, 380 (Cal. 1990).
The district court properly dismissed Clay’s Title VII claim against the
Communications Workers of America District 9 Union AFL-CIO (“Union”)
because Clay failed to exhaust his administrative remedies against the Union. See
Sommatino v. United States, 255 F.3d 704, 707 (9th Cir. 2001) (“In order to bring a
Title VII claim in district court, a plaintiff must first exhaust [his] administrative
remedies.”).
The district court did not abuse its discretion by dismissing Clay’s Unruh
Civil Rights Act claim, and his Title VII claim against the Union without leave to
amend because amendment would be futile. See Chappel v. Lab. Corp. of Am.,
232 F.3d 719, 725-26 (9th Cir. 2000) (setting forth standard of review and
explaining that “[a] district court acts within its discretion to deny leave to amend
2 13-17523
when amendment would be futile”).
Although the district court properly dismissed Clay’s Title VII claim against
Pacific Bell Telephone Company, Inc. (“Pacific Bell”) because Clay failed to
allege facts sufficient to show a prima facie case of race discrimination, see Leong,
347 F.3d at 1124 (elements of discrimination claim under Title VII), dismissal
without leave to amend was premature because amendment would not be futile, see
Akhtar v. Mesa, 698 F.3d 1202, 1212 (9th Cir. 2012) (“[B]efore dismissing a pro se
complaint the district court must provide the litigant with notice of the deficiencies
in his complaint in order to ensure that the litigant uses the opportunity to amend
effectively.” (citation and internal quotation marks omitted)).
The district court dismissed Clay’s claims under the California Fair
Employment and Housing Act (“FEHA”) and Cal. Bus. & Prof. Code § 17200 on
the ground they were preempted by the Labor Management and Relations Act
(“LMRA”). However, not all of Clay’s allegations required interpretation of the
collective bargaining agreement to determine whether the alleged conduct was
wrongful. See Detabali v. St. Luke’s Hosp., 482 F.3d 1199, 1203 (9th Cir. 2007)
(finding no preemption where court will have to refer to provision of collective
bargaining agreement, and discrimination claim “does not depend on interpretation
of the collective bargaining agreement”; “We see no need to depart from a long
3 13-17523
line of our cases holding that FEHA employment discrimination claims are not
ipso facto preempted by § 301 of the LMRA.” (citations omitted)).
Although dismissal of Clay’s FEHA claims against the Union was proper
because Clay failed to plead that he exhausted applicable administrative remedies,
see Rodriguez v. Airborne Express, 265 F.3d 890, 896-97 (9th Cir. 2001) (outlining
FEHA administrative remedies requirement), and dismissal of Clay’s FEHA and
Cal. Bus. & Prof. Code § 17200 claims against Pacific Bell was proper on the same
ground as dismissal of the Title VII claim against Pacific Bell, see Metoyer v.
Chassman, 504 F.3d 919, 941 (9th Cir. 2007) (“California courts apply the Title
VII framework to claims brought under FEHA.”); Aleksick v. 7-Eleven, Inc., 140
Cal. Rptr. 3d 796, 801 (Cal. App. 2012) (“When a statutory claim fails, a derivative
UCL claim also fails.”), dismissal of these claims without leave to amend was
premature, see Akhtar, 698 F.3d at 1212.
Accordingly, we reverse the judgment as to Clay’s Title VII claim against
Pacific Bell, and FEHA and § 17200 claims against the Union and Pacific Bell, and
remand to the district court for further proceedings consistent with this disposition.
The parties shall bear their own costs on appeal.
AFFIRMED in part; REVERSED in part; and REMANDED.
4 13-17523
|
Drug Testing – Marijuana Testing Tips
Dealing With Urinalysis on Short Notice
Dale Gieringer, Ph.D, Director, California NORML
While NORML strongly opposes drug use on the job, we think no one should be forced to submit to urine testing, especially for marijuana. Aside from launching a legal challenge, your best defense against urine testing is to be clean. Unfortunately, this may be difficult since urine tests may detect marijuana 1-5 days after an occasional use, 1-3 weeks in regular users, and 4-6 weeks in multiple daily users. Since urine tests do not detect the psychoactive ingredient of marijuana, THC, but rather other, nonactive metabolites, they in no way measure impairment; nonetheless, this fact is of no account to employers in today’s anti-drug hysteria. If you are on the job market, it is prudent to expect being tested and avoid marijuana. However, recognizing that many of you may face drug testing on short notice, we offer the following advice for emergencies with our best wishes (but no promises!).
DON’T RELY ON EXCUSES:
Although urine tests are far from infallible, it is difficult to challenge positive test results. “False positives,” in which workers are wrongfully accused of marijuana use, are highly unlikely so long as labs exercise proper care (however, not all labs do this). The standard procedure is to first screen the samples with an immunoassay test (e.g., EMIT® or RIA®), then confirm positive results with the more accurate gas chromatograph mass spectrometer (GCMS). This virtually eliminates the chance of false positives in exchange for a relatively high rate of “false negatives,” where drug use is not detected. The sensitivity of the test is determined by the concentration of metabolites it is set to detect: for the Dept. of Transportation, the standard cutoff is 50 nanograms/milliliter (ng/ml).
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No substance is known to produce a false positive for marijuana. It used to be that ibuprofen (Advil, Motrin, Nuprin) interfered with the marijuana test, but this problem has been fixed. A variety of over-the-counter medicines can cause false positives for amphetamine and other illicit drugs on the EMIT test, but not on the GCMS.
“Passive smoking” of marijuana is not an acceptable excuse at the 50 ng/ml level, since only in extreme circumstances can a non-smoker absorb enough pot to test urine positive (e.g., being stuck in a closet full of heavy smokers for hours). However, passive exposure may result in positive tests at 25 ng/ml or lower.
WASH YOURSELF OUT:
The general strategy for passing urine tests is to increase your fluid intake and urine flow so as to dilute the concentration of drugs in the sample below the threshold of detection. An hour or two before the test, you should fill your bladder with fluids – as much as you can drink. Water is fine – contrary to popular rumor, there is NO evidence that goldenseal, vinegar, niacin, or vitamin C help. However, high-dosage aspirin may reduce the sensitivity of the EMIT urine test for pot (only). Many people wash themselves out for several days in advance by drinking a lot and exercising, but there is no reason to think this is useful. In no case should you give your first urine of the morning, since drug metabolites tend to build up during your sleep.
While you’re loading up on water before the test, you may also want to take a large dose (50-100 milligrams) of vitamin B-12, available in B-complex multivitamins. The purpose of this is to color your urine yellow, since otherwise you are likely to produce clear, watery urine, which makes some collectors suspicious (contrary to rumor, vitamin C won’t help). In rare instances, some labs will reject a sample for being too watery; in this case, however, they will typically give you a second chance. Wait until your test results have been confirmed before indulging in compromising behavior.
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You can boost your fluid output by taking diuretics, which stimulate urination. Weak diuretics include coffee, cranberry juice, certain health food products and over-the-counter pills for pre-menstrual water retention.
If you’re taking the test on very short notice, you may wish to resort to more potent diuretics, which are widely prescribed to treat high blood pressure. Although strong diuretics, such as furosemide (Lasix®), are available only on prescription in the U.S., they can be had over-the-counter in Mexico and other foreign countries. Beware that they can be dangerous for certain persons, such as diabetics or pregnant women, and can cause problems if taken over extended periods. Diuretics can be detected in urine, but are rarely checked except for athletes. The following regime has been suggested by a former army drug testing officer (Robert Freeman, “How to ‘Beat’ a Drug Test,” High Times, Aug. 1988): Take an 80-milligram dose of Lasix; take a hefty drink of water; piss two or three times, then take the test. If you’re lucky and didn’t smoke too much pot, a good washout may get you past a test on a couple days’ notice. However, regular smokers should allow at least a week or two if at all possible.
DRUG SCREENS?
It has been suggested that the ingestion of certain substances might alter body chemistry so as to disguise drug use. Although many products are currently being marketed as drug screens in head shops, High Times ads, etc., few have any solid scientific basis. Activated charcoal, a common detoxifier, might help lower metabolite levels a bit in long-term users if taken over the course of some days or weeks. It has been suggested on theoretical grounds that lecithin, a food emulsifier, might also be useful if taken over extended periods, but this hasn’t been proven. A number of high-priced herbal teas and powders are promoted as urine cleansers, with no good medical rationale. While some users have reported remarkable success with them, many others have not. Independent experiments suggest that it may be water dilution, not the screen itself, that accounts for success.
TAMPERING:
While urine dilution is useful, it isn’t 100% reliable, especially for heavy daily users. Another tack used by some people is to tamper with the sample by adding adulterants or substituting clean urine for their own. Ethical issues aside, tampering is risky since subjects may be observed or made to disrobe beforehand, and cheating isn’t forgiven. For the adventurous, Abbie Hoffman’s book Steal This Urine Test has full instructions on how to rig yourself up with a plastic bag to substitute clean urine. You can buy clean, dehydrated urine from Byrd Labs. Beware however that labs check to make sure the temperature of urine samples is right (around 91-97ƒ).
Another trick to foil the test is to spike the sample with an adulterant. This approach should be used only as a last resort, since any adulterant can be chemically detected if labs take the trouble to do so. A number of adulterants cause negatives on the commonly used EMIT test, but not necessarily other tests. In an emergency, you might fool an EMIT test by adding a few drops of Visine® to the sample. Other common adulterants include detergent, bleach, salt, and the cleaning solution glutaraldahyde, but most of these are easily detected by smell or visual inspection. A host of commercial adulterants are on the market (for advertisements, see High Times). Among the more popular are Klear® and Whizzies®. No additive is 100% reliable, and all involve a substantial risk of detection. Many drug testing companies claim to test for adulterants, though it isn’t clear how carefully.
Many drug testing aids are advertised with money-back guarantees if you test positive. BEWARE: guarantees do not assure good test results! Vendors often exaggerate product reliability and ignore customer complaints.
BLOOD TESTS:
In some situations, including accidents and roadside sobriety checks, blood tests may be used. Blood tests detect the actual presence of THC in the system; however, they can be sensitive to other metabolites as well. Blood tests generally register positive for just a few hours after smoking, though heavy chronic smokers may be positive for up to seven days. Less sensitive are saliva/oral fluid tests, which register positive for about 2-4 hours after smoking.
HAIR TESTS:
An ominous technology is hair testing, which is supposed to detect drug use for months, or however long one’s hair has been growing (Skinheads note: samples can be taken from any part of the body!). While hair tests are highly sensitive to cocaine, their sensitivity to pot is not well established. Not all employers who use hair tests check for marijuana. Hair testing is racially biased against Africans, being much more sensitive to thick, dark hair than to light, fine hair. Although the FDA and scientific community have been critical of hair testing, that hasn’t stopped employers from using it. Hair tests may be influenced by shampoo: one test found hair treated with Head & Shoulders® (Fine/Oily), Neutrogena®, and Rave® displayed lower drug concentrations than with Pert® (Oily/Fine) or Prell® (Normal, Normal/Oily).
LEGAL CHALLENGES:
Prospective employees have no legal right to challenge pre-employment drug screens. However, workers who are already employed may be able to challenge their employers’ drug testing plans in certain situations depending on labor law and local regulations. Avoid signing anything that gives your boss the right to arbitrarily test you; by stating your objections, you will strengthen your right to refuse a test. If you think you are being unjustly tested, you may have cause for legal action. San Francisco, Berkeley and some other jurisdictions forbid on-the-job drug testing except in safety-sensitive positions.
We are sorry having to mention these devious techniques, but feel it is necessary to defend innocent people against wrongful accusations of drug abuse. California NORML urges you to use this information responsibly and not as a way of hiding irresponsible marijuana use.
TEST YOURSELF:
Many drug abuse clinics offer urine testing for a fee. Home test kits are available from companies such as Liberty Research and Instant Diagnostics. Beware: drug urine levels can fluctuate up and down during the day.
WHAT’S WRONG WITH DRUG URINE TESTING?
Privacy: Urine tests intrude on intimate bodily privacy. Mass drug screening violates the privacy of the majority of responsible employees in order to spot a minority of alleged drug abusers, many of whom are in fact not drug abusers at all. Government-imposed drug testing may be restricted by the 4th Amendment to the Constitution, which forbids unreasonable search and seizure and requires “probable cause” for search warrants. However, the 4th Amendment does not generally apply to tests by private employers.
Accuracy: No test is infallible. Surveys of drug testing labs have found remarkably high error rates from poor quality control. While good labs have added safeguards to minimize the risk of “false positives,” even if error rates are only one in 10,000, the extension of drug testing to tens of millions of workers as proposed by the government means that many workers will be falsely accused of drug abuse.
The most common misconception about drug urine testing is that it detects drug-impaired workers, whereas it actually detects evidence of past drug use that need have no relation to on-the-job performance. Because drug tests are highly sensitive to marijuana, random testing can promote use of other, more dangerous drugs such as cocaine and opiates, which wash out in 2-3 days, or LSD, which is rarely tested. At the same time, most drug tests totally disregard alcohol, the nation’s leading drug of abuse. Urine testing is thus an inherently flawed technology: it rules out the most innocent off-the-job marijuana use, while permitting flagrant on-the-job alcoholism.
Efficacy: Urine testing has never been scientifically shown to be safe or effective at improving workplace safety or productivity, and studies indicate that the great majority of drug-positive workers are just as reliable as others (John Horgan, “Test Negative,” Scientific American, March 1990; Dr. John Morgan, “Impaired Statistics and the Unimpaired Worker,” The Drug Policy Letter, May/June 1989). Medically, the consensus of expert opinion is that drug tests are an inherently unreliable indicator of drug impairment (Consensus Report, National Institute on Drug Abuse, Journal of the American Medical Association, Nov. 8, 1985). Dr. George Lundberg of the American Medical Association has called them “Chemical McCarthyism” (editorial, Journal of the American Medical Association, Dec. 5 1986).
Alternatives: The shortcomings of drug testing can be avoided by performance tests that measure actual concentration and reaction time instead of chemical residues. Computer video game tests that detect impairment due to drugs, fatigue, stress, or illness are now available on the market (Performance Factors, Denver, Col.).
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ABISHA
Some artists reveal themselves in an instant. Others take the long way round, each release peeling back the layers of self slowly like the ruffled petals of a flower. For 22 year-old, South London-based artist ABISHA, the case is very much the latter.
Making coolly restrained alt-R&B to a backing of barely-there- beats, ABISHA unravels gradually before your ears. Her songs, tales of romantic adventure (or, to be precise, misadventure), are the epitome of More Going On Beneath The Surface Than First Appears Pop™. Prickling between fragility and assertiveness, her distinctly British accent, turned up high in the mix, feels liminal, ambiguous, on the cusp of something. The most exciting part of it all? We don’t know what that is and we’re not sure if she does either.
Born in Devon to a white, English mum and a Jamaican father, ABISHA’s upbringing felt defined by the sense of outsiderdom that dogs all of pop’s greatest performers. She didn’t eat Jamaican food, listen to Jamaican music, or, until the age of seven, have any contact with her Jamaican father at all. In a part of Britain that is overwhelmingly white, ABISHA was, in her worlds, “the only mixed race person anywhere”.
“It was weird,” she describes today. “I was really shy growing up, not confident at all, and I just remember feeling noticeably different to everyone else, which when you’re young impacts you more than you think.”
Her mum didn’t really listen to music around the house and so ABISHA’s early musical diet was defined by the pop fare she’d hear at dance class: Shania Twain, the Black Eyed Peas, the Spice Girls (whom ABISHA recalls providing her first black role model in the form of Melanie B). Developing a natural ability for writing, she’d spend her school lunchtimes sat in the computer room typing up poems, short stories, lyrics. “Music was what I wanted to do growing up, but as I got that little bit older, it became something that I thought was going to stay a dream,” she says of the time. “I thought I should focus on something more achievable. That’s why I moved to London to go to uni.”
ABISHA had wanted to make the move for as long as she could remember. She puts a lot of it down to “wanting to be somewhere that I fit in more, in a cultural way,” and describes feeling more herself when she’s in the city. “When I go back to Devon now I get more anxious and on edge, which is weird because it’s my home,” she continues. “Devon is literally the countryside, the middle of nowhere with nothing happening. I just feel more comfortable in London. I feel like it’s me and where I belong.”
While ABISHA initially wanted to study fashion, going so far as to secure a place at Epsom, her mother persuaded her to take up an offer to study Sociology at Goldsmiths – an act of fate that would prove to be pivotal in the young artist’s career. “I’m a massive believer in destiny and my mum’s really spiritual and a massive believer too so her wanting me to go to Goldsmiths… Somehow she knew there was a connection,” she says. “I only went there for a year. I think the reason I did was because I was supposed to meet Mike.”
There are, you’d imagine, countless stories of artist-meets- producer-in- the-pub. What you’d imagine there are less of, however, is artist meets legendary record producer Mike Chapman in the pub – the same Mike Chapman who pretty much owned pop music in the 1970s, produced breakthrough albums for Blondie – including the iconic Parallel Lines – and latterly worked with FKA twigs and Laura Doggett among others.
“He was there because he was working with another artist who went to Goldsmiths and so they were in the pub,” ABISHA explains. “It was so surreal. One of my mum’s favourite songs is The Best by Tina Turner and when I found out that he basically wrote that I was like, okay, this man’s cool. What a weird place to meet Mike Chapman – in a pub in South East London.”
Weird maybe, but Mike would prove to be the missing ingredient in ABISHA’s sound, developing the young artist and coaxing out what would become her trademark vulnerable yet evocative poeticism. “It took us quite a long time to establish what my sound is exactly,” she recalls. “It didn’t come that easy and was actually something I struggled with. Then I wrote All That and it was the first song where I thought, okay, this is me, this is my sound.”
A skittering, accessible work about the pitfalls of seeing more than one person at once, it sees ABISHA haunted by her own thoughts, torn between two people and fluctuating from seductress to wronged woman. “It was really bad,” she says. “I had to pretty much choose which one I wanted to be with because I was not feeling very good, fucking them both around. The lyrics… It’s literally just what was happening. I was writing what was in my head – whole sentences. I literally wrote it in about half an hour on the tube to work.”
If it sounds like ABISHA pours herself into her work, that’s because she does. A duo of tracks slated for later release – Selfish Love and Tough Love – grapple with trust, breakups and The One over lightly gliding synths and barbed, nocturnal beat making, and she says the songs that are the most personal are “always the better ones.”
She continues: “I want to be someone that people who are struggling with their identity or don’t really feel like they fit in, can look up to. To have someone who can listen to my music and identify and think, okay, there are other people who have been through the same things. That’s something that I would love to happen.” ABISHA might have taken the long way round, but she’s set to make sure no one else has to. |
Business leaders pushing for frictionless free trade have something new to worry about: the potential break-up of the internet, which today forms the backbone of the global economy.
The issue is a hot topic at this year's World Economic Forum in Davos, and the forum is seeking to provide a platform for debate over ways to maintain an open, cross-border web in the face of pressures for national regulation.
"Is fragmentation happening? Quite frankly, there is a temptation," said Vittorio Colao, chief executive of mobile telecoms group Vodafone, who pointed to different regulatory regimes as an impediment to network traffic.
A growing volume of business relies on the internet, from tourism to financial services, and the web has empowered firms, especially smaller ones, to find customers in foreign markets who would otherwise be out of reach.
A 2014 report by the Boston Consulting Group estimated the internet economy will be worth $4.2 trillion in the major Group of 20 (G20) economies by 2016 and, if it were a country, it would rank among the top five in the world, ahead of Germany.
Yet even as the Internet has become embedded in modern life, its interconnected nature has come under attack from interests ranging from governments to corporate brands decrying copyright abuses or fearing cyber attacks such as those at Sony.
Seeking to fill these breaches, national governments, courts and regulators are pressing for local controls that could "Balkanise" — or fragment — the network.
Government action is not confined to undemocratic regimes such as China. Countries including Brazil, Britain, India, France and the United States also want to crack down on issues ranging from terrorism to child abuse.
Worryingly for business, Boston Consulting estimated that economic growth was slower than it might have been in countries with limitations on online activity, and the difference could amount to 2.5 per cent of gross domestic product.
"People should be concerned," said John Drzik, head of global risk at insurance broker Marsh. "National solutions won't protect the interests of global companies."
One media industry chief executive, who declined to be identified, said the issue needed much more attention in the boardroom: "Business needs to be mobilised on this issue in the same way as it is mobilised for free trade pacts."
Internet 'taken for granted'
A closed-door meeting held in Davos on Thursday drew together government officials, executives from a mix of industries and internet technical groups to discuss governance topics.
Company bosses appear to agree that informal moves are not up to that task of keeping the internet open, but that neither is a U.N.-style top-down approach.
Their best hope at the moment seems to be to lend support to the decentralised network of existing technical and policy forums such as the domain-name overseer ICANN, to address hot topics such as security and privacy.
Last year, the World Economic Forum and ICANN, the Internet Corporation for Assigned Names and Numbers, endorsed a new initiative known as NETmundial to find answers to wider policy issues.
"Businesses have for many years taken the internet for granted," said Fadi Chehade, the chief executive of ICANN.
"If we do not strengthen trust in the integrity of how the internet is governed then, quite frankly, someone will do it for us, and that is likely to be government."
Still, the initiative has sparked concern, with critics fearing it could result in an elite group taking charge.
The issue will come to a head this year as the United States wants to see concrete plans for the transition of ICANN from U.S. Commerce Department control into international hands.
Unless a mechanism is found to keep governance open and immune from capture by vested interests, the U.S. Congress has promised to veto the transition. |
Shazam for Plants Will Identify Any Plant From a Picture
posted 2 years ago
If you are already obsessed with Shazam, an app that identifies songs, then you've probably wondered to yourself when we'd be able to Shazam other things. Shoes, someone's perfume, or perhaps A PLANT?
Well that time has come! For plants, anyway.
The app “PlantNet" works by using an image search engine, with information collected through a large social network. The users of PlantNet regularly collect field data and then share their findings, which help to identify and add information about the quality of images and the plants' nuanced patterns.
Their newest project, IdentiPlante, actually allows you to use the database to quickly receive data about the plant which you have taken a picture of. Or, in more fun terms, you can SHAZAM DAT PLANT.
How cool is that? It is super exciting news for those of us who love plants and flowers. And if you don't already have a fascination with plant-life, it may spur a newfound love. I mean, for anyone who feels burrowed in a technology-based life, this app could be a great way to literally stop, possibly —and then digitally collect information about—the flowers.
UPDATE: Since it seems a few of our readers were confused, the PlantNet app is still in development. The app was created in France and currently only recognizes French flora. However, it is being developed for world-wide use.
via Someecards
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Related articles in Green |
1968–69 Danish 1. division season
The 1968–69 Danish 1. division season was the 12th season of ice hockey in Denmark. Eight teams participated in the league, and Esbjerg IK won the championship. AaB Ishockey was relegated.
Regular season
External links
Season on eliteprospects.com
Danish
Category:1968 in Danish sport
Category:1969 in Danish sport |
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1. Field of the Invention
The present invention relates to components for breathing circuits and in particular to components for use in the expiratory arm of a breathing circuit.
2. Summary of the Prior Art
In assisted breathing, particularly in medical applications, gases having high levels of relative humidity are supplied and returned through conduits of a relatively restricted size. Buildup of condensation on the inside wall of the conduit is a frequent result of this high humidity. In the prior art, attempts have been made to reduce the adverse effect of this condensation by either reducing the level of condensation or providing collection points in the conduit for draining condensed liquid from the conduit. Reducing the condensation has generally been by maintaining or elevating the temperature of the gases flow and/or of the conduit wall to reduce the formation of condensation
It is an object of the present invention to provide a component, with particular application to the expiratory limb of a breathing circuit, which will at least go some way towards improving on the above or which will at least provide the public and the medical profession with a useful choice.
In a first aspect the invention consists in a breathing circuit component including an inlet, an outlet and an enclosing wall defining a gases passageway between said inlet and said outlet, at least a region of said wall being of a material that allows the passage of water vapour without allowing the passage of liquid water or respiratory gases.
In a further aspect the invention consists in a breathing circuit limb having both inspiratory and expiratory gases passageways, each having a respective inlet and outlet and a wall defining a gases passageway extending from said inlet to said outlet, at least a region of the wall of the expiratory conduit being of a material that allows the passage of water vapour without allowing the passage of liquid water or respiratory gases.
In a still further aspect the invention consists in a catheter mount including:
a short length of breathing conduit for connecting at one end to a patient interface component and at the other end to, directly or indirectly, the dual arms of a breathing circuit,
a dividing partition extending for at least a substantial part of the length of said breathing conduit and dividing, in cross section, said conduit into a plurality of gases passageways each having a defining passageway wall,
at least one of
an inspiratory flow director for directing at least the bulk of an inspiratory air flow to a first selection of said passageways, and
an expiratory flow director for directing at least the bulk of an expiratory flow to a second selection of said passageways, said second selection being exclusive of said first selection,
and at least a region of the walls of said second selection of passageways being of a material that allows the passage of water vapour without allowing the passage of liquid water or respiratory gases.
In a still further aspect the invention consists in a dedicated water vapour exchanger including an inspiratory gases pathway and an expiratory gases pathway having a common wall therebetween, said common wall including one or more regions of a material that allows the passage of water vapour without allowing the passage of liquid water or respiratory gases.
In a still further aspect the invention consists in apparatus for forming a breathing circuit conduit comprising:
a former, onto which a tube wall can be deposited and which advances said deposited tube wall in an advance axis and rotates said deposited tube wall about said advance direction, the speed of said advance and the speed of said rotation together defining a pitch,
at least one film laying head which deposits a film on said former, the combined width of said film deposited by said film laying heads being wider than said pitch such that adjacent turns of laid film overlap to form an overlap seam,
a bead laying head for each said film laying head, each said bead laying head laying a reinforcing bead on an overlap seam,
an axial thread laying head, said thread laying head fitted over and around said former and carrying a plurality of thread feeds, each thread feed allowing the drawing of a thread from a reserve, and
a rotator to rotate said axial thread laying head at substantially the same speed as the expected rotation speed of said tube.
Hereinafter, throughout the description, a material that allows the passage of water vapour without allowing the passage of liquid water or respiratory gases is described as a xe2x80x9cbreathablexe2x80x9d material. Materials may be breathable due to their composition, physical structure a combination thereof.
To those skilled in the art to which the invention relates, many changes in construction and widely differing embodiments and applications of the invention will suggest themselves without departing from the scope of the invention as defined in the appended claims. The disclosures and the descriptions herein are purely illustrative and are not intended to be in any sense limiting. |
As can be seen by reference to the following U.S. Pat. Nos. 2,843,309; 3,974,938; 3,994,412; and 4,175,604; the prior art is replete with myriad and diverse tamper proof sealing arrangements.
While all of the aforementioned prior art constructions are more that adequate for the basic purpose and function for which they have been specifically designed, these patented devices do not provide the same degree of dramatic visual warning that is produced by the subject matter of the present invention.
As most people are no doubt aware product tampering has assumed a role of critical importance to manufactures of all types of products; and new ways are constantly being sought to provide a warning to consumers that the possibility exists that the contents of a package or other container may have been tampered with after the package left the factory.
As a consequence of the foregoing situation, there has existed a longstanding need for a new type of tamper proof sealing apparatus that employs a unidirectional engagement between the primary components; wherein, one of the components has a portion that must be physically separated from the remainder of the component to accomplish the disengagement of the components; and, the provision of such a construction is a stated objective of the present invention. |
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