text: Sorry guys if i spoke in spanish, i did because i thought it wouldn't bother anyone ;-) (and to reply the people who talked in spanish too). I have to mount a big wifi network in a hotel, and that question came to my mind. As I see, the AP insolation is a good solution for that (and the best for me because i'm mounting linksys AP WRT54GL btw). I'll try the VLAN thingy too. I don't know what i does, but if it's a solution it's worth to do, not always have the chance to mount good aps. Thanks guys for your replys. 2006/5/22, Alex Neuman van der Hans <alex at nkpanama dot com>: > > Oh, and by the way, you may want to post your messages in both languages > if your English skills are not too good. That way people can try to help > and/or translate responses for you. > > > Saludos / Cheers, > > Alex > > Alex Neuman van der Hans wrote: > > Alex Neuman van der Hans wrote: > >> misma red. > >> > >> Por ejemplo, puedes impedir que hagan broadcasts de 192.168.1.1 a > >> dentro de la misma red y del mismo alambre). > >> > >> De no saber el IP puedes usar el "angry ip scanner" (googlealo y lo > >> puedes bajar) para saber, entre otras cosas, el nombre del recurso > > For the benefit of the other 60% of the US (those who can't process > > spanish), this is basically a discussion about isolating specific > > users from the rest of the network, which can probably be done through > > VLANs (not that I have any idea how to do it). Somebody asked if > > blocking netbios broadcasts would work, and I replied that you can > > prevent broadcasts *across* networks, not *within* a network. > > > > There *is* an option, if you want to isolate your wifi clients, to do > > such a thing. It's called "AP Isolation" or something, and it's > > available in most linksys wifi routers/AP's. Dunno if it's available > > in others, though. > > > > > > --------------------------------------------------------------------- > > To unsubscribe, e-mail: m0n0wall dash unsubscribe at lists dot m0n0 dot ch > > For additional commands, e-mail: m0n0wall dash help at lists dot m0n0 dot ch > > > --------------------------------------------------------------------- > To unsubscribe, e-mail: m0n0wall dash unsubscribe at lists dot m0n0 dot ch > For additional commands, e-mail: m0n0wall dash help at lists dot m0n0 dot ch > >


text:
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subset: commoncrawl


text:
The performance of the application is the key factor while designing a product, everybody would like their application to be as fast as possible. If your database design is tricky, you can reduce storage and improve speed.
We should have to consider all alternate possible solutions to store data so as to improve performance. This topic covers one of the best tricks to store multi choice answer (like Hobby, Language Known, etc.), which you have to use for advanced search later.
This is the main concern which directly affects the size and processing time of your data.
The above things are very basic and must be adopted during database design.
You can store Hobby, Language Known, etc. multiple possible options using bitwise operator in single integer field.
ID Title Value 1 Cricket 1 2 Reading 2 3 Music 4 4 Indoor Games 8 5 Painting 16 6 Traveling 32
You may user Hexa decimal values for simplicity ex.//
ID Title Value 1 Cricket 0x01 2 Reading 0x02 3 Music 0x04 4 Indoor Games 0x08 5 Painting 0x10 6 Traveling 0x20
Req->> Customer can have any combination of the above Hobbies.
So now populate CheckboxList with the above Table Data.
DataTextField="Title" DataValueField="Value"
Using loop, get the Sum of all selected values:
int Hobby=0; for(i=0;i<ddlHobby.Items.Count-1;i++) { if(ddlHobby.Items[i].Selected) Hobby=Hobby+Convert.ToInt32(ddlHobby.Items[i].Value); } Now Save Hobby to Customer Table objCustomer.Hobby=Hobby; Now How to show selected Hobby in Edit Mode int Hobby=objCustomer.Hobby; for(i=0;i<ddlHobby.Items.Count-1;i++) { if((Hobby & Convert.ToInt32(ddlHobby.Items[i].Value)) != 0) ddlHobby.Items[i].Selected=true; }
Now in advanced search, it is very fast to get result. Allow the user to select one or more hobbies in search preferences. Get total (sum) of values of selected hobby.
Now in Query, write as follows:
where (Hobby And @Hobby) <> 0
It is much faster than any other way.
If you need to store 30 questions with answers: Yes or No? You think of taking 30 columns for each question.
So take 1 bit for each question.
Like 0000 in this four bit, each bit has its value as 8, 4, 2, 1 means power of 2. (Decimal value of each bit position).
While storing the answer:
if 1st is Yes Add 1 or 0x01 to sum (selected) if 2nd is Yes Add 2 or 0x02 to sum (selected) if 3rd is Yes Add 4 or 0x04 to sum (selected) if 4th is Yes Add 8 or 0x08 to sum (selected) // 1st and 3rd are selected then store 1+4=5 to Integer Column Value.
Read the number from DB:
Num=5 // Apply bitwise AND with every value to Num. //ex for 1st option if (num And 1)=1 then 1st selected for 2nd option if (num And 2)=2 then 2nd selected for 3rd option if (num And 4)=4 then 3rd selected for 4th option if (num And 8)=8 then 4th selected
Last week, I used this trick to get Product Input.
The products have different attributes, so we have to create a table with all the fields (UNION).While defining product, select which are required. You can filter these fields while getting input from user.
If you have any questions or suggestions that will improve this tip, please feel free to post them.
This article, along with any associated source code and files, is licensed under The Code Project Open License (CPOL)
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Use Ctrl+Left/Right to switch messages, Ctrl+Up/Down to switch threads, Ctrl+Shift+Left/Right to switch pages.


text: Randy McMurchy wrote: > BLFS can be automated, but each different user/reader needs to > customize it for him/herself. Agree. The question is the degree of automation and the defaults. My own opinion is that the required and recommended dependencies should be there by default. If there is an option like xorg and xfree86, then the first listed (should always be xorg, but I haven't checked) would be the default. The hard part is the optional dependencies. I'm not sure how we would automate those. Perhaps `make DEPS='list' package` could list the optional dependencies for a package similar to a `make -n` lists commands that would be executed. Then a `make OPT='dep1,dep2' package` would make it the way the user wants. I'm not sure how to handle optional dependencies of dependencies though. That's tough. Honestly, I'd be quite happy for now if we had a Makefile that just listed the dependency chain in the proper build order. We could work on the selection and build portions later. -- Bruce


text:
Biographical and Playing Info
Given Name: Blake
Born: Des Moines, IA, USA, in 1973
School: Did not attend college.
Primary Position: Third Base
Batted: Right Threw: Right
Major League Games: 1265
Primary Team: Cleveland Indians
Played For
Toronto Blue Jays (1999)
Minnesota Twins (2000-2002)
Baltimore Orioles (2001)
Cleveland Indians (2003-2008)
Los Angeles Dodgers (2008-2011)
First major league game: 8/14/1999
Final major league game: 8/31/2011
Hall of Fame Voting
No Hall of Fame elections.
See his complete statistical record at baseball-reference.com


text:
I've noticed that many of the forum discussions that TA has tweeted lately have contained glaring grammatical and spelling errors. I find this disappointing and even personally embarrassing as it inevitably reflects not only on the original poster but on the forum as a whole and, by extension, the larger atheist community. I know written communication isn't everything, and it certainly isn't a high priority among the public generally, but we should try to meet a higher standard. Given the unlikelihood that individual posters will suddenly take more care when writing, I think the operators of the site's Twitter feed should consider not tweeting discussion titles with serious errors.
That's one poster's opinion, for whatever it's worth.
The difference is sloppiness due to the immediate circumstances of the poster (including being at work, dyslexia, English not being one's primary language, etc.) and simple disregard of the forms. While I will readily agree that the message content is more important than the outward form, it's an unfortunate truism that that form is part of that content, if only a minor one. Careless disregard of that issue detracts from the substance of any conversation.
For my own website, Obfuskation, I've been known to go back into a page, just to add a single comma, because I personally feel that perfection in writing is required, to be believed, and if I'm going to set myself up as some kind of authority on my subject, it's important to me, that I be credible. That said, I don't criticize the writing skills of others (except for Unseen), just because I happened to have been fortunate enough to have relatively good ones of my own. There are a lot of people out there, who can do a GREAT number of things better than I, and I freely acknowledge that. If I can understand what someone means, that's good enough for me.
I recall quoting this anonymous poem before, and it may well have been early on, in this seemingly never-ending thread, this 25-page (so far) much a-do about nothing, but it may be worth quoting again:
There once was a man,
With a tongue of wood,
Who essayed to sing,
And in truth, it was lamentable;
But there was one who understood,
What the man wished to sing,
And with that, the singer was content.
I applaud your dedication to quality. As I stated before, I tend to be a bit picky about my contributions as well. My perspective on this issue comes from several people that I've known most of my life. They are intelligent, insightful people who just happen to have rather undeveloped writing skills. I look at discounting the content of a written argument due to spelling or grammar to be akin to discounting the content of a spoken argument due to a stutter or lisp.
I will discount an argument if it is articulated poorly enough. 'Poorly enough' is obviously subjective, but my threshold is probably a bit more finicky than the average person's.
The crux of the matter for me is this:
I can imagine a great number of scenarios in which a person made it through life with poor grammar or writing skills. That's all good and fine. In this day and age, however, where access to information is so easy, what is stopping people from improving their skills now?
Sure, there are still going to be exceptions, but for the most part the question stands: why are people so adamant about not improving?
Can grammar Nazis be assholes? Sure, but that still doesn't explain why people fight so hard to defend complacency.
Sure, there are still going to be exceptions, but for the most part the question stands: why are people so adamant about not improving?
Some people choose other priorities in life; others don't have so much of a choice. I prefer not to speculate in that area, much less make value judgements based on those assumptions.
I simply focus on content over form in discussion, while you put more emphasis on form. I see value in both approaches -- To each their own.
That doesn't answer the question.
Also, I don't place more emphasis on form over content; the form is part of the content. I am not a psychic. I can guess what others mean and am often quite accurate, but the more I have to guess due to the inadequacies of their writing (or possibly my reading comprehension), the higher the margin of error.
Imagine the following text exchange between a friend and I:
In that scenario, I can safely assume my friend meant 'than', but you know what would be better than having to assume? Having it typed correctly from the outset. No risk of a ruptured scrotum there.
That particular scenario isn't a big deal, but it does demonstrate the value of clarity. That said, what if my friend is a masochist of the highest order and truly does want to get squared? By making an assumption, I've robbed him of the ability to express what he wanted to express. I can ask for clarification when in doubt, but if errors are so persistent that I am constantly asking, I am now compensating for someone who doesn't place priority on clarity of their own expression.
why are people so adamant about not improving?
Some people choose other priorities
That doesn't answer the question.
Actually it does. The reasons for those choices vary between people, and I'm not going to make qualitative assessments for reason/choice combinations where I am ignorant of the specifics, and that are none of my business.
the form is part of the content
I'm in partial agreement in that the form (spoken, verbal etc.), and the quality of the form, has an effect on the content, much in the way that a weak radio signal can cause static on the receiving end. However, the content is simply the information being conveyed. Weakness in form decreases efficiency of communicating the content, while high quality in form increases the efficiency and requires less clarification.
One of the reasons why my top preference is to communicate in person is that I consider engaging with the other person to be as important as the content of the discussion. If someone's communications skills are weak, then there are more instances for clarification, and those instances can be very rewarding in unexpected ways. I used to work with a person who stuttered when he became nervous or passionate about something. A little patience and understanding paid off, because he was extremely intelligent and insightful, and he became a good friend.
I also understand that the only actions that I can control are my own, so that is where I focus. I don't see where trying to make others conform to my standards (in whatever area) would be a fruitful use of my time and energy. I also don't see where I could claim that authority.
Sorry this is so long; it's late, I've got the flu, and I'm a little high on Nyquil.
Some years ago, within this century - I traded Futures (Commodities, for those who don't know the difference), and on the Raging Bull website, on which I posted, under the name, p_g_gargleblaster, Raging Bull had an "Ignore" button, that allowed members to ignore those whom they chose not to follow. This site doesn't have that feature, but if it did, there are at least two, upon whom I would use it, one of whom, would appear to be your adversary.
I'm not high on Nyquil, but it's Friday night, and if you'll excuse me, there's a lot of drunk I need to get --
It doesn't answer the question and I can explain why. The question can be distilled to the following at its foundation: Why are people so adamant about not achieving something readily achievable?
i) It is implicit in the premis and the question that it is not a priority. If it was a priority, it would either be achieved (or else the individual would represent an exception to the 'readily achievable' class).
ii) The question is about adamancy more than it is about actions.
Admittedly, however, my post was poorly written, so I apologize for my lack of clarity.
My issue is not with individuals, but rather with a general trend of cultural acceptance for poor communication skills. From facebook to professional media outlets, an eighth grade command of English seems to be high to average standard at best.
I do not advocate condemning or disparaging individuals for poor grammar or writing, but neither do I make excuses for it. From my perspective that would feel patronizing and condescending. It's like saying that my expectations of people are so low that even the standards set for thirteen-year-olds need not apply.
I do not sit around grinding my teeth that 'good' is now an adverb and I have no intentions of starting a grammar crusade, but all the same, I don't get the complacency I see. When I see friends of mine struggle with English, I offer to help them out instead of just nodding my head trying to guess at their broken English as if it was a non-issue. It is, objectively, an issue (albeit a minor one).
Poor language skills are not really akin to a stutter (outside of, perhaps, certain learning disabilities). A stutter is a speech impediment which may or may not be manageable, but is not curable (as far as I know). Poor language skills are readily fixable.
I know that a few years ago, in the education system here, when a child wrote a story, spelling and grammar were not picked up, so as not to 'disturb' what the child was trying to say in their story - big mistake, I think.
And about stuttering, and speech impediments, they can be controlled with Elocution training from speech therapists. This sort of re-education has come a long way in the last thirty years. That is what the movie 'The Kings' Speech' was all about.
That's a strange school policy. I could see if they were teaching them to write in drafts and then revise, but even creativity has to be tempered with discipline.
I wasn't entirely sure on the subject matter of stuttering. I'm glad to hear that therapies have been improving over the years. I've only known one adult who had a stuttering issue. They had gone through therapy, and you wouldn't normally ever hear the stutter, but it would still resurface a bit under stress or fatigue. It's often the same with accents.
RE: "Why are people so adamant about not achieving something so readily achievable?"
For any to answer that question, would be to imply that they can account for the reasoning of everyone so inclined, which of course, is preposterous.
I can, however, speculate, and one possible reason could well be that they don't much care what others think, as might well be inferred by the fact that they, in this case at least, are already committing two societal faux pas, being atheists in the first place, and secondly, posting on an atheist website. If they're understood by the one with whom they're communicating, that, to them, is sufficient; if not, they realize they can always clarify, when called upon to do so - something on the order of, "Admittedly, however, my post was poorly written, so I apologize for my lack of clarity."
A second reason may well be that they don't like being told what to do by a person who may be sufficiently fortunate as to have been taught in their formative years, how to string a line of words together in such a way as to violate no arbitrary rules, by some authority figure who asserted there was only one correct way to express oneself in a fluid, ever-evolving language.
If poor language skills are readily fixable, then I can only hope that the trait of being overly concerned about poor language skills, may be as well.
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text:
Mon. December 18th, 06
I really like some of our late night talks. Like last night I aid something that got her in a bad mood so the mood was off for a while but it got better, thank goodness! I hate leaving things on a bad note with her because then that's all I can think about all day.
We were talking about getting back together. and then she asked. It was really nice. I've been acting like I'm with her but now it's official again. March 22nd-June/Julyish and now again Dec. 18-???. This time it's supposed to be final in her words. FINAL. That's a big commitment but I like it.
I do want it to be final too. I don't want to put all this effort into our relationship just to see it fade. People change but I am hoping we change together. It would be awesome to look back in say 4 years, reading this, and be able to say, "We're still together." She thinks I think she doesn't care but I know she does and I really realized it Wednesday night. Who knew getting kicked out would turn out so well? We layed there and I looked up at her and she was looking at me, smiling. She looked really happy. She looked like she cared. That was probably the best moment of the night because it was just like "wow". She loves me & I love her It's indescribable.


text:
Some nice (and one not-so-nice) pictures from around the gardens today.
By the way, I don't care if this spider is beneficial for the garden by eating bugs. It's NOT harmless, as it freaked me out when I saw it in my wood shed. It was a good 4 inches long or so. I quickly dispatched it with some blows from my shovel. Yuck, Yuck Yuck. I then tortured myself further by actually looking at spider pictures online to see if I could figure out what kind it is, to no avail. Maybe a fishing spider (nursery web spider?), or what about a wolf spider? Does anyone know? Yuck, Yuck, Yuck.
With my brother's expert help, I bought a new (used) Canon 1D camera well over a month ago and finally bought a cool zoom lens, which should arrive in the next week or so, enabling me to actually use the camera. No more slow shutter lag times for me! (Although my Nikon E8800 has been good to me, as you can see.) If you think the animal and gardening photos are sickening, just wait until I start sharing baby photos!
Oh, and I had to pick another tick off of Sophie Dog today.
Great. I've given myself the heebie jeebies just in time for bed.


text:
Tagged "difficulties"
Through the Fire
How can we mature in faith through trials, rather than grow bitter? Pastor Tim Chaddick preaches from Job 23:1-14 on how Jesus can radically transform us in times of adversity as we hold to truth, ask honest questions, and take steps of faith.
A Community of Devotion
What binds a community together and causes it to flourish? Pastor Tim Chaddick preaches from Titus 3:8-11 on how a community dependent on God's power, obedient to His word, and united in His love can endure hardships and be ready for every good work.
God Knows
How can God's perfect knowledge be a comfort to us? Obed Brefo teaches from Psalm 139 on God's intimate presence and grace in every individual's life, and how this nearness is ultimately experienced through Jesus Christ.
Surrender as a Way of Life
What does it mean to surrender to God? Pastor Tim Chaddick preaches from 2 Samuel 15:13-31 on the freedom found in trusting God's timing, living according to His will, and bringing our burdens before Him in prayer.
The Wilderness
In times of difficulty, despair, and hardship, where do we turn? Pastor Tim Chaddick preaches from 1 Samuel 30:1-25 on the importance of listening to God and leaning on His grace.
When I Am Afraid
How should we respond when we experience hostility? Pastor Jeremy Treat preaches from Psalm 56 on how God's justice and care empower us to trust Him and love our enemies.
The Crafting of Character
Since God's ultimate plan culminates in perfect peace and joy, why is the journey there often hard? Pastor Tim Chaddick preaches from 1 Samuel 24 on how God uses difficult circumstances to shape our character and make us more like Jesus.
Glory Guaranteed
The suffering we experience as Christians will never have the last word. In fact, God uses our trials to lead us into deeper joy. Pastor Adam Smith preaches from 1 Peter 1:3-7 on the unshakeable hope that Jesus has given us.
Endurance: True Grit
How are Christians to view suffering and difficulties? Pastor Mark Dyrud expounds on Hebrews 12:3-13.
The Good Life
Everyone has an idea of what a good life consists of, but what does the Bible reveal a good life to be? Pastor Tim Chaddick teaches from Ruth 2:14-23, in which Boaz lives a biblical example of a good life.
Bitter or Better?
Will your trials make you bitter or better? You are either being transformed by God or you are being conformed into the mold of this world.
Excerpt from Signs of Life: Costly Love
Signs of Life: Lasting Love
How do you prepare for trials in your life? Pastor Tim Chaddick continues explaining what it looks like to be a Christian in this installment of the Signs of Life series.


text:
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From Wikipedia, the free encyclopedia - View original article
Eaglesham | |
Scottish Gaelic: Baile na h-Eaglais | |
Scots: The Lang Raw[1] | |
Eaglesham shown within East Renfrewshire | |
Population | 3,127 [2] (2001 census) |
OS grid reference | NS573519 |
Council area | East Renfrewshire |
Lieutenancy area | Renfrewshire |
Country | Scotland |
Sovereign state | United Kingdom |
Post town | GLASGOW |
Postcode district | G76 |
Dialling code | 01355 |
Police | Scottish |
Fire | Scottish |
Ambulance | Scottish |
EU Parliament | Scotland |
UK Parliament | East Renfrewshire |
Scottish Parliament | Eastwood |
Coordinates: 55°44′22″N 4°16′24″W / 55.739444°N 4.273333°W
Eaglesham | |
Scottish Gaelic: Baile na h-Eaglais | |
Scots: The Lang Raw[1] | |
Eaglesham shown within East Renfrewshire | |
Population | 3,127 [2] (2001 census) |
OS grid reference | NS573519 |
Council area | East Renfrewshire |
Lieutenancy area | Renfrewshire |
Country | Scotland |
Sovereign state | United Kingdom |
Post town | GLASGOW |
Postcode district | G76 |
Dialling code | 01355 |
Police | Scottish |
Fire | Scottish |
Ambulance | Scottish |
EU Parliament | Scotland |
UK Parliament | East Renfrewshire |
Scottish Parliament | Eastwood |
Eaglesham (pronounced EE-glz-ham)[3] is a village and parish in the west central Lowlands of Scotland. It has a population of 3,127 (2001). Today it is an accessible rural settlement within 30 minutes' drive of Glasgow. The village is distinctive in being built around a large triangular green. Eaglesham is about 10 miles (16 km) south of Glasgow to the southeast of Newton Mearns, south of Busby and Clarkston, and southwest of East Kilbride.
The ancient seat of the Earls of Eglinton; in the 17th century Eaglesham was a small market town; today's village[4][5] was founded in 1769 by Alexander Montgomerie, 10th Earl of Eglinton; it had at one time handloom weaving and a cotton-mill. Many of its buildings are grade 'B' or 'C' listed but, as a whole, the village is 'A' listed. Eaglesham was designated Scotland's first outstanding conservation area in 1960. It is likely that there has been a place of worship here since the 5th or 6th centuries.
The village is an example of an early Scottish planned village.
There have been several suggestions as to the meaning of Eaglesham, one being that the placename is composed of the Old English pre-7th-century personal name Ecgwulf, ecgel meaning sword-wolf, and ham meaning village or homestead, one of the most common elements found in English placenames. Another explanation is that Eaglesham means kirkton or church town, derived from the Gaelic eaglais meaning church and, again, the Saxon ham meaning hamlet or village, an explanation which is currently being popularised by the Christian community in the village.
The parish of Egglisham formed part of the district of Mearns,[5] and together with other lands were bestowed to Walter FitzAlan, the first High Steward of Scotland and founder of the House of Stuart, by King David I.[citation needed] It is possible that Walter granted Eaglesham to Robert de Montgomerie, who was likely the ancestor of the Montgomeries of Eaglesham.[6]
Situated in the Orry, is the motte or Motte Hill, a flat-topped mound likely to be a site of the first wooden castle of the Montgomeries in the 12th century.
In 1361, Sir John de Montgomerie of Eaglesham and Eastwood married Elizabeth, daughter of Sir Hugh de Eglinton of that Ilk and niece of King Robert II. Sir John obtained the baronies of Eglinton and Ardrossan upon Sir Hugh's death in 1374. Afterwards the Montgomeries made Eglinton Estate their chief residence. In 1388, Sir John de Montgomerie captured Henry, Lord Percy at the Battle of Otterburn. It is traditionally believed that Sir John accepted a ransom for his prisoner who killed the 2nd Earl of Douglas and built Polnoon Castle[4][5] on a small hillock on what appears to be an earlier motte. Polnoon castle was refurbished for occupation in 1617 but was ruined by 1676.
Following a period of peace and relative stability in Scotland during the reign of King James VI, religion continued to be a major issue. The Covenanter movement resulted from an attempt by King Charles I to impose a new prayer book and regulations on the Scottish Church. The population of Renfrewshire was predominantly in favour of the National Covenant and Alexander, 6th Earl of Eglinton signed the covenant. Covenanters faced steep fines or even the threat of execution for expressing their faith and held their religious services in secret. A memorial[7] to Covenanters Robert Lockhart and Gabriel Thomson who were shot by Highlandmen and Dragoons for their adherence to the Solemn League and Covenant as they returned from a conventicle in May 1685, stands in the kirkyard of Eaglesham Parish Church.
Alexander, 8th Earl of Eglinton obtained an Act of Parliament in 1672 for an annual fair and weekly market[5] in the "toun of Eagleshame".[8] By the time the New Statistical Account for Scotland[5] was published in 1845 the weekly market had long been discontinued and a flower show was held in place of fairs. The fair was revived in 1961 and in recent years is held bi-annually in May or June and traditionally opens with a procession parading through the village.
Until the 18th century, Scotland's villages were little more than settlements loosely organised around fermtouns. In 1769 Alexander, 10th Earl of Eglinton, began the work of developing the old kirktoun of Eaglesham into a planned village. However it was his successor, Archibald, 11th Earl of Eglinton, who largely saw Alexander's plans through to completion. The Earl planned his new village[4] with two ranges of houses built around the Orry, an area of common land (Orry is from the Scots word, aurie meaning area), interspersed with trees and divided in the centre by the Eaglesham Burn. Tacks were offered on 900 year leases on condition that a house was built on a tack within five years. Tenants were allowed to use the Linn Burn for washing and the green for bleaching. As a result of agricultural improvements, displaced workers became tradesmen or weavers in the village.
Eaglesham flourished during the age of agricultural and industrial improvements.[9] Surgeons, shopkeepers and traders such as coopers; grocers; wrights; smiths; boot and shoe-makers; tailors and dressmakers, inn-keepers and vintners supplied the needs and demands of the increasing population. Churches met the religious needs of the inhabitants. Schools provided education and carriers transported goods to and from the markets at Glasgow and Paisley.
Handloom weaving became the main industry until the establishment of a water powered cotton spinning mill[5] in the village in 1791. The Orry mill at its peak employed around 200 people with the machinery at one time driven by a 45 foot diameter cast iron water wheel. The mill burned down and was rebuilt several times before being destroyed by fire in 1876 and was never rebuilt. Without work many of the mill workers drifted away and their homes lay empty. The population of the village dropped from 2,428 in the mid-19th century to 1,075 at the end of the century.
After seven centuries of ownership, the Montgomerie family's finances foundered and Eaglesham Estate was put on the market in 1835. The Estate was finally sold for £217,000 in 1844 to Allan Gilmour, Sr and James Gilmour. Shortly afterwards the estate was divided into two parts roughly by value, in proportion to the money each contributed. The larger part was Eaglesham Estate which was run by Allan and the smaller, Polnoon Estate, run by James.
By the early 20th century, The Eaglesham Estates[10] were heavily burdened and together with the considerable debts left by Allan Gilmour were advertised for sale in the late 1920s. Angus Gilmour transferred the common area of the village of Eaglesham in 1929 to the parish council at his death. By the late 1930s many of the houses were in a state of disrepair. A letter-writing campaign was started and by the 1950s a world-wide appeal was launched for funds towards Eaglesham's conservation. Such was the success of the campaign, that the village was designated Scotland's first outstanding conservation area on 12 August 1960.
A remarkable event during World War II was the landing of Rudolf Hess[11] at Eaglesham on 10 May 1941. Shortly after 11 p.m. a Messerschmitt aircraft crashed at Bonnyton Farm with an airman bailing out and landing at Floors Farm. David McLean, a local ploughman, ran out of his cottage at the rear of Floors Farm after hearing an aeroplane crashing and saw a parachutist coming down. McLean assisted the slightly injured airman back to his cottage. The airman, a German officer, identified himself as Captain Albert Horn. Horn was arrested and subsequently taken to the 3 Battalion Home Guard Headquarters at Busby then briefly Giffnock Police Station before being transferred to Maryhill Barracks in Glasgow and other locations before finally being to transported to P.O.W. Reception Station, Abergavenny, South Wales where he remained for the duration of the hostilities. Horn turned out be Deputy Reichsfuhrer, Rudolph Hess. Hess apparently claimed that he had flown to Britain with a message for the Duke of Hamilton in an attempt to persuade the British government to restore peace but in poor light mistook his intended destination of Dungavel House near Strathaven as Eaglesham House. Hess was tried as a war criminal at Nuremberg where an International Military Tribunal found him guilty on two counts of 'concerted plan or conspiracy' and 'crimes against peace'. He spent the rest of his life imprisoned in Spandau Prison, Berlin.
Eaglesham Heritage Trail opened on 3 September 2011, a project of Eaglesham & Waterfoot Community Development Trust. The trail consists of ten interpretation panels located throughout the village, explaining the history of the area from the 11th century to the present day. The trail was opened by the Earl and Countess of Eglinton and Winton. The Earl is a descendant of Alexander Montgomerie, the founder of the planned village. The funding for this project was given by ERC LEADER[clarification needed] and Lottery Awards For All. Eagleshan History Society was established in September 2012 following on from the success of the Heritage Trail. The village today is served by a primary school, churches and library and a number of local services such as garages, shops, gallery, restaurant and tearooms, B&Bs and the historic Eglinton Arms Hotel and Swan Inn. Linn Products operate a state-of-the-art Hi-Fi production plant on the site of the former Eaglesham House.[12] The majority of children of secondary school age attend Williamwood High School, Mearns Castle School or St Ninian's High School, state schools which have consistently ranked among the best in Scotland over many years. Clubs and societies include Eaglesham Amateurs football team, Eaglesham Angling Association Angling,[13] Eaglesham Bowling Club and Walton Angling Club. The Eagles[14] pool team currently play in the East Kilbride pool league.[15] The opening of the Glasgow Southern Orbital Road in 2005 generated considerable environmental benefits by reducing through traffic and creating a cleaner, safer environment for the local community.
At 2.30 pm on Thursday, 17[when?] 2012, an explosion during planned groundworks at the Mactaggart & Mickel Polnoon development at Bonnyton Drive sent debris and rubble flying in a radius of about a quarter of a mile from the site, and damaged several houses and cars. No fatalities were reported. No locals had been alerted in advance by site owners Mactaggart & Mickel that drilling and blasting groundworks would be carried out.[16]
It is probable that there has been a place of worship here since the 5th or 6th century. The present church was designed by Robert McLachlane and completed in 1790. The church was originally a small octagonal building and later extended. A memorial to Covenanters Robert Lockhart and Gabriel Thomson who were shot by Highlandmen and Dragoons under the command of Archibald MacAulay, laird of Ardincaple for their adherence to the Solemn League and Covenant as they returned from a coventicle on 1 May 1685, stands in the kirkyard.
St Bridget's was built in 1858 to make a local place of worship for Catholic villagers. Many were from the Irish potato famine.[citation needed] The church has a huge canvas of the Deposition of Christ from the Cross by de Surne.
Polnoon Lodge, a prominent building in Gilmour Street, was originally built as a hunting lodge in the early 18th century by Alexander, ninth Earl of Eglinton after Polnoon Castle was abandoned. The original house was built in 1733, the present B-Listed house however dates to the later 18th century.[17] Following the sale of the Eaglesham Estate in 1844 to Allan and James Gilmour, the lodge was used as the Polnoon Estate office[10] for a short period of time before being let. By the 1920s the lodge operated as a temperance hotel and later on as a boarding house. An annexe was used as a meeting room for local groups and societies. The lodge lay empty by the 1960s and was renovated by Renfrew County Council as housing for the elderly. The restoration work won a Civic Trust Award in 1971. One of the houses in Cheapside Street is a miniature of the lodge and was once occupied by the Eaglesham Estate factor.[18][19]
Montgomery Street was once known as South Street and commemorates the Montgomeries, the Earls of Eglinton and later Earls of Winton who owned Eaglesham Estate for seven centuries.[20]
Polnoon Street was once known as North Street and borrows its name from Polnoon Estate. Sir John de Montgomerie built a castle at Polnoon with the poind money that he received for the release of Lord Percy following the Battle of Otterburn.[20]
A motte beside the Linn Burn (NS5751) in the Orry is likely to have been site of the first wooden castle of the Montgomeries in the 12th century and recorded as being in Eaglesham prior to the construction of Polnoon Castle nearby. Moot or Motte Hill was a flat-topped mound with a probable broad defensive ditch situated on the north-west bank of the Linn Burn. The south-east side was truncated in the late 18th century by the building of the Orry Mill, resulting in the removal of at least a third of the site.[21] It was used by the local community as a site for meetings and festivals.[22]
The Deil's Wood cairn[23] stands on the summit of a low but prominent ridge 350 metres east of Bonnyton farmsteading.
Wikimedia Commons has media related to Eaglesham. |


text:
Beautiful soft pink. I usually use it over something else & it adds a nice pink glow to the apples of my cheeks. Looks lovely on brides as it's almost ethereal.
This is a BEAUTIFUL soft ballet pink on my PPP skin. I dust this lightly on the apples of my cheeks than blend NARS Outlaw lightly on my upper cheekbone--looks SO pretty! I love this because it's soft and a no-brainer! It IS $$$$--at $24, it's smaller than my bigger $22 NARS blush--so I will probably not buy again for that reason...but I do love the color so who knows!
Wonderful pink blusher/highlighter that I use on top of Nars orgasm for that perfect color. Has a very light consistency and can be worn very sheerly or layered on for a more dramatic flush. Classy packaging as well, and IMO perfect for any skintone.


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text:
METRICOM, INC., ] Chapter 11
Debtor ]
... [Debtor] has agreed to compensate [Houlihan] and to undertake the indemnification obligations to [Houlihan] pursuant to the terms of this Agreement. None of the Committee, its members, their constituents, or any of their advisors or professionals (including, but not limited to, Noteholders = Counsel) shall be liable for the fees, expenses or other obligations, contractual or otherwise, payable or due to [Houlihan] hereunder. Notwithstanding such arrangement, [Houlihan = s] duties hereunder run solely to Noteholders = Counsel on behalf of the Committee and [Houlihan] is not authorized to be, and will not purport to be, an agent of the [Debtor] for any purpose. ...
As a material part of the consideration for the agreement of [Houlihan] to furnish its services under the Agreement, [Debtor] agrees to indemnify and hold harmless [Houlihan] and its affiliates, and their respective past, present and future directors, officers, shareholders, employees, agents and controlling persons [as defined] to the fullest extent lawful, from and against any and all losses, claims, damages or liabilities (or actions in respect thereof), joint or sev- eral, arising out of or related to the Agreement, any actions taken or omitted to be taken by an Indemnified Party (including acts or omissions constituting ordinary negligence) in connection with [Houlihan = s] provision of services to the Committee and/or Noteholders = Counsel, or any Transaction (as defined herein) or proposed Transaction contemplated thereby. In addition, [Debtor] agrees to reimburse the Indemnified Parties for any legal or other expenses reason- ably incurred by them in respect thereof at the time such expenses are incurred; provided, how-
ever, the [Debtor] shall not be liable under the foregoing indemnity and reimbursement agreement for any loss, claim, damage or liability which is finally judicially determined to have resulted primarily from the willful misconduct or gross negligence of any Indemnified Party.
If for any reason the foregoing indemnification is unavailable to any Indemnified Party or in- sufficient to hold it harmless, the [Debtor] shall contribute to the amount paid or payable by the Indemnified Party as a result of such losses, claims, damages, liabilities or expenses in such proportion as is appropriate to reflect the relative benefits received (or anticipated to be received) by the [Debtor], on the one hand, and [Houlihan], on the other hand, in connection with the actual or potential Transaction and/or the services rendered by [Houlihan]. If, however, the allocation provided by the immediately preceding sentence is not permitted by applicable law or otherwise, then the [Debtor] shall con- tribute to such amount paid or payable by an In- demnified Party in such proportion as is appro- priate to reflect not only such relative bene- fits, but also the relative fault of the [Debtor], on the one hand, and [Houlihan], on the other hand, in connection therewith, as well as any other relevant equitable considerations. Notwithstanding the foregoing, the aggregate contribution of all Indemnified Parties to any such losses, claims, damages, liabilities and expenses shall not exceed the amount of fees actually received by [Houlihan] pursuant to the Agreement.
The [Debtor] shall not effect any settlement or release from liability in connection with any matter for which an Indemnified Party would be entitled to indemnification from the [Debtor], unless such settlement or release contains a release of the Indemnified Parties reasonably satisfactory in form and substance to [Houlihan]. The [Debtor] shall not be required to indemnify any Indemnified Party for any amount paid or payable by such party in the settlement or compromise of any claim or action without the [Debtor = s] prior written consent.
The [Debtor] further agrees that neither [Houlihan] nor any other Indemnified Party shall have any liability, regardless of the legal theory advanced, to the [Debtor] or any other person or entity (including the [Debtor = s] equity holders and creditors) related to or arising out of [Houlihan = s] engagement, except for any liability for losses, claims, damages, liabil- ities or expenses incurred by the [Debtor] which are finally judicially determined to have re- sulted primarily from the willful misconduct or gross negligence of any Indemnified Party.
The indemnity, reimbursement, contribution and other obligations and agreements of the [Debtor] set forth herein shall apply to any modifications of the Agreement, shall be in addition to any liability which the [Debtor] may otherwise have, and shall be binding upon and inure to the benefit of any successors, assigns, heirs and personal representatives of the [Debtor] and each Indemnified Party. The foregoing provisions shall survive the consummation of any Transaction and/or termination of the relationship estab- lished by this Agreement.
The obligations of [Houlihan] are solely corporate obligations, and no officer, director, employee, agent, shareholder or controlling person of [Houlihan] shall be subjected to any personal liability whatsoever, in his individual capacity, to any person, nor will any such claim be asserted by or on behalf of any other party to this Agreement or any person relying on the services provided hereunder. The [Debtor = s] obligations with respect to any and all payments owing to [Houlihan] and the indemnification, reimbursement, contribution and other similar obligations of the [Debtor] under this Agreement shall survive any termination of this Agreement.
These terms provide for indemnity and/or contribution, and also for exculpation.4 The indemnity/contribution provisions call for the estate to indemnify Houlihan and its agents against claims by third parties that arise out of Houlihan= s services, and/or to contribute to Houlihan = s expenses in defending against or satisfying such claims -- the exculpation provisions prevent the estate and its creditors from suing Houlihan and its agents for damages caused by Houlihan = s services -- none of the provisions apply to claims that are A finally judicially determined to have resulted primarily from the willful misconduct or gross negligence @ of Houlihan or its agents, but those terms are not defined and the manner in which that exception would be applied is not specified.5
In response to the U.S. Trustee = s objection, Houlihan offered to make the following changes to the provisions set forth in the Application:
1/ No payment of indemnification or contribution until the Court had approved a fee application for such payment after a noticed hearing.
2/ No indemnification or exculpation for any claim judicially determined to have arisen out of bad faith, self- dealing, breach of fiduciary duty, gross negligence, or willful misconduct.
3/ U.S. Trustee could object to any claim for indemnification, contribution, or exculpation.
4/ The following provision to be eliminated:
... the aggregate contribution of all Indemnified Parties to any such losses, claims, damages, liabilities and expenses shall not exceed the amount of fees actually received by [Houlihan] pursuant to the Agreement.
The U.S. Trustee did not consider her objection to be resolved by Houlihan = s proffered modifications, referring to them as A meaningless procedural safeguards or alternative language @ . The U.S. Trustee noted that, even with the modified provisions, Houlihan would still enjoy absolute immunity for negligence, with the Court = s role relegated to determining the amount of any claim by Houlihan and whether it fell within the scope of the provisions. The Court notes that, as discussed below, ' 328(a) permits deviation from approved terms of a professional = s employment only when they A prove to have been improvident in light of developments not capable of being anticipated at the time of the fixing of such terms and conditions @ -- Houlihan = s proposed modifications would not permit the Court to reject future application of the subject provisions without first finding that approval of them was improvidently made in light of unforeseeable developments.
The trustee, or a committee appointed under section 1102 of this title, with the court= s approval, may employ or authorize the employ-
ment of a professional person under section
327 or 1103 of this title, as the case may be,
on any reasonable terms and conditions of
employment , including on a retainer, on an
hourly basis, or on a contingent fee basis.
Notwithstanding such terms and conditions,
the court may allow compensation different
from the compensation provided under such terms
and conditions after the conclusion of such
employment, if such terms and conditions prove
to have been improvident in light of developments
not capable of being anticipated at the time
of the fixing of such terms and conditions.
[emphasis supplied]
The question is whether the terms and conditions of Houlihan = s employment are A reasonable @ in the context of this case.
The U.S. Trustee correctly points out that the weight of authority rejects indemnity/contribution provisions and/or exculpation provisions for financial advisors in bankruptcy cases, citing the following cases:
In re United Companies Financial Corp. , 241 B.R. 521, 524 (Bankr. D.Del. 1999), which required removal of exculpation provisions capping liability and A draconian @ indemnity provisions extending to fraud and willful misconduct.
In re Gillett Holdings, Inc., 137 B.R. 452, 458 (Bankr. D.Colo. 1991) ( A Gillett @ ), finding that indemnity of fiduciaries for negligence or misfeasance was A entirely improper and unacceptable @ .
In re Drexel Burnham Lambert Group , 133 B.R. 13, 27 (Bankr. S.D.N.Y. 1991), noting that A Simply stated, indemnification agreements are inappropriate. Moreover, we know that investment bankers carry coverage to protect themselves from malpractice liability. This expense, like professional fees to negotiate a retention, are part of an investment banker's overhead, usually more than adequately covered by a retention fee.@
In re Mortgage & Realty Trust , 123 B.R. 626, 631 (Bankr. C.D.Cal. 1991) ( A Mortgage & Realty Trust @ ), stating A The reason for hiring a professional person is that the person has special expertise that is beneficial to the debtor or the committee. The Court expects that such professionals would be especially diligent in making sure that they meet the standard of care for exercising their expertise in their work in the case. Indemnification is not consistent with professionalism [citation omitted]@ .
In re Allegheny International, Inc. , 100 B.R. 244, 246-47 (Bankr. W.D.Pa. 1989), noting that the investment bankers in that case A expect to receive handsome compensation for their services. At those rates of compensation, we do not think that it is unreasonable for their services to be presented with a high standard of professionalism. Indemnification and professionalism are not entirely consistent @ -- the Court went on to hold that investment bankers and/or financial advisors hired by a debtor and a creditors' committee are fiduciaries, which
... A have obligations of fidelity, undivided loyalty and impartial service in the interest of the creditors they represent." [Citation omitted] At this juncture, we should be reminded of Judge Cardozo's celebrated remarks in Meinhard v. Salmon , 249 N.Y. 458, 164 N.E. 545, 546 (1928): "Many forms of conduct permissible in a workaday world for those acting at arm's length, are forbidden by those bound by fiduciary ties ... Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior." In this connection, indemnification for negligence may be acceptable in "the workaday world for those acting at arm's length." However, holding a fiduciary harmless for its own negligence is shockingly inconsistent with the strict standard of conduct for fiduciaries.
Houlihan argues that the U.S. Trustee advocates a A per se rule @ against indemnity/contribution and/or exculpation for financial advisors, whereas ' 328(a) prohibits no terms that are A reasonable @ in the context of a given case, including provisions such as those here, citing In re Joan and David Halpern, Inc. , 248 B.R. 43 (Bankr. S.D.N.Y. 1999), aff = d , 2000 WL 1800690 (S.D.N.Y.) ( A Halpern @ ).7 Houlihan also argues that the recent trend is contra to the cases cited by the U.S. Trustee, citing several unpublished decisions from bankruptcy courts in Delaware and New York that approve indemnity for financial advisors, and stating that provisions such as those here are A standard @ features of Houlihan = s client contracts in both bankruptcy and non-bankruptcy cases.
With the exception of Halpern , the authority cited by Houlihan is of no precedential value, consisting as it does of unpublished decisions from other jurisdictions (which the U.S. Trustee describes as a A dubious practice @ ). The U.S. Trustee notes that the non-precedential opinions cited by Houlihan do not include a recent one by a local bankruptcy court that declines to approve indemnity provisions for a financial advisor, In re Pacific Gas & Electric Co. , Case No. 01-30923 (Bankr. N.D.Cal., 7/6/01) ( A PG&E @ ). In that unpublished decision, the Bankruptcy Court noted a lack of evidence that indemnity was a prerequisite for the necessary services, or that such provisions are A consistent with industry practice @ -- the Court went on to say:
This court is of the view that the cases cited by the [U.S. Trustee] that disapprove of indemnity agreements for investment bankers are well reasoned, both from a point of view of a legal analysis and also from the point of view of fundamental bankruptcy policy. Indemnity is inappropriate for professionals employed by representatives of bankruptcy estates. The court would rather presume that [the professional] possesses sufficient expertise and sophistication that it will not be negligent in the performance of its duties; if there is any doubt about that, it would be inappropriate for the estate to be prohibited from seeking compensation if it
suffers as a result of such negligence.8
As a general proposition, this Court agrees with the view expressed by the Bankruptcy Court in PG&E , which is the majority view represented by the published decisions cited by the U.S. Trustee. However, Houlihan is correct that the Code does not prohibit indemnity/contribution or exculpation provisions, and that there is no statutory or binding bankruptcy case law basis upon which to establish a per se rule against such protections for professionals in bankruptcy cases.9 As noted in Halpern , the issue is whether particular terms are reasonable under given circumstances, and such a determination can only be made on a case by case basis. According to the unpublished decisions cited by Houlihan, there are at least seven instances of bankruptcy courts finding indemnity/contribution and/or exculpation provisions reasonable in the context of specific cases, and anything is possible under the infinite number of potential fact patterns that might ever arise. Nevertheless, as the proponent of the Application for approval of the subject provisions, the Bondholders = Committee (or Houlihan, by delegation) bears the burden of establishing that such terms of employment are reasonable in the context of this case as required by ' 328(a), and that showing has not been made.
For example, the U.S. Trustee points out that the protections Houlihan seeks from the estate in the form of indemnity/
contribution and exculpation might be available from an insurer, such that it would not be necessary (and hence not reasonable) for the estate to incur that burden in order for Houlihan to be protected.10 Houlihan = s attorney stated in oral argument that insurance is not available, but the only evidence presented on that issue is a declaration by Houlihan = s officer Chris Dimauro, which is not quite so definite, states no facts in support of its conclusions, and lacks detail:
... the risks to [Houlihan] from any claim relating to a financial restructuring engagement that involves hundreds of millions of dollars, and often more, is enormous. Indeed, this is a risk that [Houlihan][,] a privately owned organization with less than 250 professional employees[,] does not, and cannot insure against. Accordingly, absent limited indemnification and exculpation of the type contained in the Indemnification Provisions, [Houlihan] would be required to either substantially increase the fees its [sic] charges for its services (to cover additional insurance if it is available, or A self-insure @ against the risk), or forego [sic] the engagement.
There is no evidence that insurance is either unavailable or prohibitively expensive, nor is there any evidence of what amount a A substantially @ increased offsetting fee would be (what Mr. Dimauro considers A substantial @ may or may not affect the reasonableness of the subject provisions under all of the circumstances of this case).
Further, there is no evidence that the Bondholders = Committee could not have obtained comparable services for the same price from another financial advisor without having to agree to the subject provisions. Indeed, both the Debtor and the Official Committee of Unsecured Trade Creditors have been authorized to retain well-known firms11 as financial advisors for similar purposes on terms that do not include indemnity/contribution or exculpation provisions -- that is evidence of such services being available for this case without such provisions, and also evidence that such provisions are not de rigeur in the industry.
Moreover, when the Application was heard, there was no evidence that Houlihan would not have provided services without the subject provisions. To the contrary, Houlihan had been providing post- petition services for some four months without benefit of appointment and with knowledge of the U.S. Trustee = s objection to the subject provisions.12
As the U.S. Trustee points out, numerous professionals have been appointed in this case for the Debtor and the two committees of creditors (including the two other financial advisors referred to above), and provisions for indemnity/contribution or exculpation are not included among the terms of any of those appointments. Accordingly, no matter how A standard @ such protections may be for Houlihan, they are not the norm in this Chapter 11 case. Houlihan states that applicable non-bankruptcy law forbids certain professionals such as attorneys and accountants from seeking indemnity/contribution and/or exculpation, but the fact remains that the other two financial advisors appointed in this case have not received it either, despite an apparent lack of external prohibitions against it. Houlihan has not shown that it is reasonable for Houlihan, alone out of all the many professionals in this case, to be given special protections at the expense of the estate -- it is not unreasonable for Houlihan to want such protections, but that does not mean that it is reasonable for the estate to provide them to a single professional whose services are substantially the same as those rendered by the other financial advisors in the case.
Houlihan notes that the Bankruptcy Code was intended to be applied A flexibly @ in order to encourage professionals to serve in bankruptcy cases, a contention that is not disputed by either the U.S. Trustee or this Court. Houlihan cites legislative history (H.R. Rep. No. 595 95th Cong., 1st Sess. 329-30 (1977)) and cases from other jurisdictions (In re Busy Beaver Bldg. Ctr., Inc. , 17 F.3d 833 (3d Cir. 1004); Niover Bangels , 214 B.R. 291 (Bankr. E.D.N.Y. 1997)) for the proposition that market conditions pertaining to non-bankruptcy cases should be considered in determining the reasonableness of employment terms and conditions for bankruptcy cases, but those authorities deal with the issue of compensation amount rather than indemnity/contribution or exculpation.13 Houlihan cites Delaware law14 and California law governing corporations and trusts for the proposition that those states permit indemnification of financial advisors, but cites no published decision other than Halpern in which indemnity/
contribution and/or exculpation were approved for professionals serving in a bankruptcy case.15
Houlihan points out that the terms of the Application were negotiated at arm = s length between Houlihan and the Bondholders = Committee, but Houlihan does not claim to have negotiated with the estate, which is the entity that would bear the burden of the provisions for indemnity/contribution and exculpation.16 Houlihan notes that the estate consists of creditors, that both official committees of creditors were given notice of the Application, and that neither committee objected -- however, creditors themselves were not given notice and the two official committees represent only unsecured trade creditors and bondholders, not creditors with secured or priority or administrative claims, and not any equity holders.17 In any event, the estate could someday also include a bankruptcy trustee who would be bound by the subject provisions. The Court must be particularly vigilant when asked to burden the estate now in a way that would circumscribe the rights of a new estate representative who never agreed to the subject provisions -- e.g. , when a court is asked to approve a stipulation permitting cash collateral use in exchange for grants and waivers by the estate, its role properly includes consideration of whether a future trustee = s ability to administer the estate would be unduly impaired by the concessions that the debtor itself is prepared to make. For example, the Bankruptcy Court in In re Glosser Bros., Inc. , 102 B.R. 38, 42 (Bankr. W.D. Pa. 1989) declined to approve a contract with indemnity provisions for an investment banker/
financial advisor after finding that it @ bears all the signs of an > adhesion = contract. Debtors seem to lack any bargaining power as to these terms and conditions@ . As has been noted in the context of an agreement calling for a professional to receive Asuccess fees @ :
The Bankruptcy Code provisions "protect
against the danger that a prospective debtor,
willing to do whatever necessary to secure
the counsel of its choice, may bargain away
more than is reasonable ... unknowingly or
otherwise. [Citation omitted.] The complexity
of a prospective debtor's financial affairs
and the business sophistication incident
thereto may well render such a debtor more
vulnerable not less, to making concessions
deemed essential to obtain[ing] counsel
sufficiently qualified to manage and complete
a successful reorganization." [Citation
omitted.] Moreover, "[f]reedom of contract
is necessarily limited in the bankruptcy
context ... debtors are not at liberty to
bargain away the rights and responsibilities
of a debtor-in-possession, nor the protections
afforded creditors and other parties in interest
in a bankruptcy case, under the guise of freedom
of contract. They cannot evade the jurisdiction
of the Court by choice, nor limit exercise of the
Court's discretion by fiat. They cannot negate
or defer application of the Bankruptcy Code and
Rules by design." [Citations omitted.]
Gillett, at 460.
At the hearing, Debtor, the Bondholders = Committee, and Houlihan argued that there may well be no practical effect to the subject provisions under the circumstances of this case. Houlihan noted that it has never had to resort to the protections it receives from its clients, and everyone appears to agree that Houlihan = s services are essentially completed now that Debtor has sold substantially all assets. Debtor argued that it is not likely that a bankruptcy trustee will be appointed at this stage of the case, so the fact that the subject provisions would bind a future trustee is probably irrelevant. The Bondholders = Committee noted that Debtor = s case did not develop as a reorganization but merely as a liquidation, so that Houlihan did not provide the kind of services tending to create a risk of liability that would ever trigger indemnity/contribution or exculpation rights.
Assuming for the sake of argument that all of these contentions are true, they merit consideration but do not resolve the issue. First, the fact that there may be no currently apparent harm in binding the estate to perform a future act that it probably will not be called upon to perform does not mean that it is reasonable to impose such a burden upon the estate in the first place -- even if the estate = s risk were clearly de minimis (and the Court makes no such finding on the record before it in this case), it is nevertheless Houlihan = s burden under ' 328(a) to show that it is reasonable for the estate to be exposed to any risk at all, and that showing has not been made. For example, the fact that Houlihan= s services are now completed does not mean that a creditor or equity security holder will not claim that Houlihan harmed the estate during the several months in which services were rendered -- and the fact that the kind of services provided by Houlihan may not usually be a basis for liability does not mean that someone will not attempt to prove fault this time, perhaps with success. Second, while Debtor considers the possibility of a trustee to be remote because Debtor is merely liquidating and has sold most of its assets, the fact remains that, even under those circumstances, it cannot be assured that need for a trustee will never arise, e.g. , to bring avoidance actions that Debtor is reluctant to prosecute, etc. It is always possible that, for some currently unforeseen reason, an estate will find itself in the hands of a new representative whose administration would be hampered due to restrictions that others were willing to accept in the past. Third, protestations that the issue is no more than academic in this case cut both ways -- if Houlihan does not actually need protection here, then Houlihan = s arguments that the Court should approve exculpation and indemnity/contribution provisions as reasonable are weakened. Indeed, a lack of actual need would suggest that Houlihan must be insisting on the subject provisions as a matter of policy in order to bolster a position that it plans to take in future cases by showing that these provisions were approved in this case.18 If that were true, it would by no means be reasonable for this estate to incur the risk of having to provide indemnity or contribution, or of being prevented by exculpation from seeking damages for professional negligence or worse, merely to serve some strategic business purpose of Houlihan = s, unrelated to the actual circumstances of this case.
Accordingly, the order submitted by the U.S. Trustee and approved as to form by counsel for Houlihan will be issued.
1 Pursuant to an order made on July 5, 2001, five related Chapter 11 cases that were commenced on July 2, 2001 have been associated for purposes of joint administration: Metricom, Inc. (Case No. 01-53291) ( A Debtor @ ); Metricom Finance, Inc. (Case No. 01-53297); Metricom DC, LLC (Case No. 01-53300); Metricom New York, LLC (Case No. 01-53301); and Metricom Investments DC, Inc. (Case No. 01-53302). For convenience, the five associated cases will be collectively referred to as a single case.
2 The Bondholders = Committee appears to have delegated its support of the Application to Houlihan. Houlihan filed the brief in response to the U.S. Trustee = s objection and Houlihan = s counsel was the primary participant in oral argument, although counsel for the Bondholders= Committee did appear at the hearing.
3 The U.S Trustee originally objected on various additional grounds, including the scope of duties and the amount of compensation, but those issues were resolved without hearing.
4 Indemnity or contribution and exculpation are different methods of reaching similar, but not identical, results. In general: indemnity means that, if a third party sues a professional based on the professional = s services to the client, the client will pay to defend the professional and will pay any judgment against the professional; contribution means that, if a third party sues both a professional and the professional = s client based on the professional = s services to the client, the client will contribute some or all of the professional= s costs to defend and to satisfy any judgment against the professional; exculpation means that the client agrees not to sue the professional based on the professional= s services to the client. Under each of these arrangements, the client bears some or all of the financial consequences of the professional = s actions. The terms proposed by Houlihan provide for all three protections -- indemnity, con- tribution, and exculpation -- so the issue of whether any one or two of those provisions might be reasonable under the circumstances of this case is not before the Court.
5 The term A finally judicially determined @ in this context raises a number of questions. For example, if the Debtor, a Creditors= Committee, or other third parties were to claim that Houlihan engaged in gross negligence or wilful misconduct, would the estate have to indemnify Houlihan unless the case actually went to trial and final judicial decision? Would this provision mean that the Debtor or a subsequent trustee could not settle the case without indemnifying Houlihan? Moreover, another term provides that the estate could not even assert a claim against a Houlihan officer, director, or employee who damaged the estate through wilful misconduct.
6 Unless otherwise noted, all statutory references are to Title 11, United States Codes ("the Bankruptcy Code"), as amended on October 22, 1994.
7 The U.S. Trustee denies advocating a per se rule, and this Court does not perceive that to be the U.S. Trustee = s position.
8 Although the Court speaks of A indemnity @ provisions being inappropriate for professionals in bankruptcy cases, its reference to the estate being prohibited from seeking compensation for damage caused by professional negligence suggests that exculpation provisions are also being discussed. However, as noted above, indemnity and exculpation are merely different methods of achieving similar results, which results can harm the estate regardless of how they are reached.
9 The Court notes that non-bankruptcy law or the rules of conduct governing a profession might prohibit the professional from seeking indemnity/contribution or exculpation from clients, see, e.g., Mortgage & Realty Trust discussing that point with respect to California attorneys.
10 No party has suggested that the estate has purchased insurance to protect itself from any wrongdoing by Houlihan.
11 PricewaterhouseCoopers LLP, and E&Y Capital Advisors LLC, respectively.
12 Since the hearing, Houlihan has declined to remove the subject provisions despite this Court= s admonition that appointment would be denied without such removal, and despite the U.S. Trustee= s stated intent to object to any compensation application that might be filed without benefit of appointment. Houlihan did ultimately seek compensation for post-petition services as a general administrative expense under ' 503(b)(1)(A) and/or on the basis of quantum meruit , the U.S. Trustee did object, and the objection was sustained because the relief sought by Houlihan is unavailable under, respectively, In re Weibel, Inc. , 176 B.R. 209 (9th Cir. BAP 1994) and In re Occidental Financial Group, Inc., 40 F.3d 1059 (9th Cir. 1994) . Houlihan has filed a notice of appeal from the order denying its application for compensation.
13 In Mortgage & Realty Trust , it was argued that the cost of providing indemnity is subject to ' 330(a)(3), which requires A the amount of reasonable compensation @ for a professional to be determined with reference to, inter alia , A the customary compensation charged by comparably skilled practitioners in cases other than cases under@ the Bankruptcy Code. The Bankruptcy Court rejected that argument and held that the A compensation @ referred to in ' 330 is only money or money = s worth, such that an indemnity provision is not within the scope of that section. That precise issue is not before this Court and is not determined by this ruling. As a general proposition, this Court is prepared to consider the marketplace in deciding whether any term of professional employment (not just compensation) is reasonable -- but that factor is not necessarily dispositive and, as noted above, Houlihan has not shown that the marketplace does strictly impose terms such as the subject provisions.
14 Houlihan contends that Delaware law is the applicable non-bankruptcy law here, because Debtor is a Delaware corporation.
15 The Court recognizes that indemnity/contribution and/or exculpation protections for some kinds of fiduciaries are sometimes permitted in situations outside of bankruptcy, as they have been in some bankruptcy cases, see, e.g. , Halpern.
16 On the day of the hearing, Debtor filed a pleading stating that Debtor did not object to the indemnity provisions of the Application.
17 The language of the proposed appointment purports to limit Houlihan = s liability A to the world @ , not just creditors and equity holders. It could be read to encompass anyone, including those not before the Court.
18 At the hearing, counsel for the Bondholders = Committee surmised that A [Houlihan = s] need for indemnity is one I suspect of policy for all of their engagements @ .
19 As noted above, the ethical principles of a profession may forbid its members to seek indemnity/contribution or exculpation.
CANB DocumentsNorthern District of California


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A high price tag is no guarantee of quality, as we discover in our user test of moisturisers, hair dryers and men's underwear.
For years, CHOICE has been proving wrong the adage that you necessarily get what you pay for.
In our latest investigation, we spoke with experts to get their insight on facial moisturisers, hair dryers and men's underpants. Then we pitted a low-, medium- and high-end product from each category against each other in a user trial, which came out with some interesting results.
For more information about shopping, see Shopping and legal.
In all three product categories, CHOICE chose an expensive, exclusive product with interesting claims about efficacy, a mid-priced product that had similar claims, and an easily available cheap product that doesn't make big promises.
In our results, testers who gave an overall score of four or less are represented as a thumbs down, five as a sideways thumb, and six to 10 is a thumbs up.
Facial moisturisers generally contain three common ingredients: an emollient, which makes skin smooth and supple; humectants, which draw moisture into the skin; and occlusive agents, which act as a barrier and maintain moisture within the skin.
However, despite their similarities, moisturisers vary widely. From supermarket cheapies to department store splash-outs, the range available is mindboggling. But a good moisturiser doesn't necessarily need to cost a fortune.
"Would you believe the best moisturiser is actually petrolatum - 'petroleum jelly' or 'Vaseline'?" says cosmetic scientist and pharmacist Tina Aspres. "However, using this alone understandably does not [feel good on the skin], so modifications are made to formulations to incorporate a range of ingredients to improve skin feel, tackiness, greasiness and to suit the use it is proposed for."
As we discovered in our blind user test, an expensive moisturiser won't necessarily feel better on your skin than a cheapie. As long as the basics are there, it's really a matter of finding one that feels right for your particular skin type. As you'll see, our user test produced mixed results.
See our Beauty and personal care section for more information about cosmetic products.
Price: $6.75 for 75mL ($9 per 100mL); sold in supermarkets Rating
Aspres says the Olay is a solid moisturiser that contains all the basics. Although it was the cheapest moisturiser in our user test, it delivered average results for most of our testers overall, unlike Creme de la Mer, despite being almost one hundredth of its price. All our testers described the texture of the moisturiser as thin, with some saying it felt watery. The fragrance was generally described as floral and sweet, though one tester found it medicinal. Two chose this as their favourite of the three.
What they said
Price: $64.95 for 56g ($115.98 per 100g) Rating
Dr Lewinn's claims to be formulated by a plastic surgeon who promises to "push the boundaries in anti-ageing skincare". While four of our testers reported no impact at all on the appearance of fine lines, they did only try the cream for three days. The cream was OK as an overall moisturiser. Most testers found the fragrance of this moisturiser to be strong, and three found it unpleasant. Two chose this as their favourite.
Price: $250 for 30mL ($833.33 per 100mL) Rating
Crème de la Mer was supposedly originally invented by a NASA scientist horribly disfigured in an accident to heal his burned skin. One of our testers reported finding it oily; another said it was gluggy, while four described the texture as thick. The fragrance was also an issue for two testers. Only one rated this product as their favourite.
Aspres says Crème de la Mer is "nothing extraordinary. There's no evidence whatsoever that kelp [its 'special' ingredient] is anti-ageing or able to heal burns. It's just a glorified moisturiser with a very clever marketing ploy."
In 2005, American attorney Debra Scheufler filed a class action law suit against cosmetic companies including Estee Lauder, the manufacturer of Crème de la Mer. Scheufler argued that the creams and potions did not remove wrinkles as they promised to, and were thus guilty of false advertising and unfair competition.
At the time, the US-based Legal Affairs magazine wrote: "Scheufler is seeking reimbursement for herself, in the amount of $500 to $1,000, and for other women and men who believe they've been defrauded by the "anti-aging" claims on cosmetics. 'These are cosmetics, but they would have consumers think they have medical uses and benefits,' said Howard Rubinstein, one of her lawyers".
Scheufler's lawsuit was eventually dismissed , and Crème de la Mer continues to make claims about its "Miracle Broth™", "suspended within its extraordinary formula". But perhaps the miracle in this case is that people are willing to pay $250 for a mere 30ml of the stuff.
"I am really against the unsubstantiated and overwhelming claims that cosmetic companies make – it really makes me mad because the consumer can only take on face value what and how they interpret the marketing ploy to sell the product - and cannot believe they get away with half the stuff they say!" says Aspres. "Largely, the cosmetic industry is self-regulated, so you are relying on the honesty and integrity of the company to do the right thing – but clever marketing prevails."
Receive FREE email updates of our latest tests, consumer news and CHOICE marketing promotions.
Hair dryers fall into two categories – those marketed as simple consumer products with few bells and whistles, and those marketed as professional products, which command a premium price.
Should you fork out the big bucks, or will your discount department store basic do the trick? One of the main differences between bargain-basement and pricey hair dryers is the technology they claim to use, namely ionic and ceramic technology.
Tracey Hughes, creative director of Mieka Hairdressing and Hairexpo Award's Educator of the Year 2012, says ionic hairdryers claim to cut the drying process time in half and to increase the finished shine factor. "The ionic feature is based upon positive and negative charges," she says.
Ceramic technology, on the other hand, "uses a ceramic heating unit that provides better heat regulation. Ceramic dryers can be a little more popular due to the costs being slightly [lower than] ionic dryers".
In our trial of hair dryers, the GHD Air, which claims to use ionic technology, dried hair quickest (tying in one case with the cheapest hair dryer on trial). However, while one triallist found the GHD dried her hair in less than half the time of the non-ionic cheapie, the others reported the GHD dried their hair only slightly faster.
Price: $19 Power: 1800W Rating
While the Remington was the cheapest hair dryer, three triallists preferred it to the more expensive Vidal Sassoon. However, two of our triallists said it made their hair feel dry, rough and tangled, and a third said her hair looked frizzy after use.
Price: $45 Power: 2200W Rating
This mid-range dryer from Vidal Sassoon performed surprisingly poorly in our user trial. Three testers rated it as the worst performer of the lot. "To be honest I could not give an explanation as to why [it did so badly]," says Hughes. "Since it does contain the newer technology, I can't offer a technical reason as to why the performance was poorer."
Price: $199 Power: 2100W Rating
The GHD Air easily surpassed the other dryers in our survey when triallists were asked to give it an overall rating. They all said they would buy the dryer, and were willing to pay top dollar for it. However, although the performance in our survey was impressive, Lili Hopkins, freelance hair stylist and salon owner, believes there are better products out there in the same price category, her pick being a Parlux.
Men's underpants run the price gamut, ranging from less than $5 all the way to $100. Some even claimed to be spun with distilled water from the Italian Alps.
Men's underwear designer with Diamond Cut International, Kaitlin Romei, says cheap underwear may not necessarily be a great buy. "With a very cheap pair, you're likely to lose features including stitches per inch, and compromise on the quality of the fabric and elastic, and the fit." But spending up big isn't necessary either. "Once you get to the higher end of the market, it's more of a fashion thing. You're just paying for the brand."
To find a good pair, Romei recommends putting undies through their paces before making a purchase. "Feel them, make sure they're soft, give the elastic a good stretch to see if it bounces back. Look at the price point. If you buy a $5 pair of trunks you can't expect them to perform miracles and last forever. But for $20 you should expect a reasonable quality."
Price: $15 for three Rating
Favoured by two of our testers and coming in second-best for the rest, the Alphas, which are available in Kmart, performed reasonably well overall, particularly considering their price tag. All our testers generally found the waistband, seams and leg holes comfortable, and the pouch provided good support for all but one of our testers. The fabric also received good reviews from four of our testers.
Price: $18 Rating
Overall, the Bonds were the favourite undies of three of our gentlemen. However, two were less impressed, with one describing the fabric as cheap-feeling and the other as too thin.
Price: $59.95 Rating
The Miroslav undies promised the world: "never underestimate what's in a pair of underpants", their packaging implores. Using "superior elastics that hold their shape", the undies are made of "Japanese cotton for superior comfort and sperm count", because "Japanese cotton ensures there is no excess heat, which new scientific studies are showing is linked to a decrease in sperm production." Though we didn't test Miroslav's claims, we put them to Romei and fertility experts.
Romei says Japanese cotton varies in quality and its origin is no guarantee of superiority. "There can be a difference in cotton from Japan as compared to cotton from elsewhere, but Japanese origins are no guarantee of quality. You can get some [good Japanese cottons but you can also get] cottons from Japan that aren't good at all," says Romei.
Fertility experts we spoke with told us they were not aware of any scientific studies that supported the claims being made, and said evidence only supported fertility benefits from loose-fitting underwear like boxer shorts.
Fertility specialist Dr Janelle McDonald says: "There is some evidence that loose underwear improves the sperm probably by allowing the scrotum to hang lower than the rest of the body. This was also tested in sheep by putting nappies on them and testing the sperm before and after. We usually recommend boxer shorts and avoidance of lycra cycling shorts… [However] a small fit underpant would not allow cooling, regardless of the fabric."
And aside from the outlandish claims, only one tester said the Miroslavs were their favourite in our user trial. Four complained that the undies were too tight (unsurprising, considering they were much smaller than their equivalent sizes in other brands), and three complained of a particularly uncomfortable care label.
Australia doesn't have standard clothes sizes. So it came as no surprise that in small, medium and large sizes, the Alpha, Bonds and Miroslav underpants were vastly different: the expensive Miroslavs had the smallest fit of the bunch, followed by the Bonds, then the Alphas. In fact, the large Miroslavs were about four centimetres smaller around the waistband than the Bonds when laid flat, which were another centimetre smaller than the Alphas.
In addition, the size you start out with isn't necessarily the size you end up with. While the Miroslavs held their shape, the Bonds and the Alphas shrank after three washes following the washing instructions provided by the manufacturers.
And while the Alphas and Miroslavs held up well after being put into the dryer on a cool, gentle cycle, the Bonds shrank and dramatically darkened in colour. While this was against manufacturer's instructions, CHOICE believes it is not unreasonable to expect a pair of men's undies to survive a turn in the tumble dryer. Bonds did not return our requests for comment on this issue prior to our deadline.


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This poster designed by a native of South Azerbaijan (North West of Iran) for the sake of language justice. Iran is a multi-ethnic country, but has only one official language (Persian / Farsi). The government puts the non-Persian ethnics under the assimilation pressure.
The Azerbaijani people have been divided between Iran and the former Soviet republic of Azerbaijan for more than 150 years, yet they have retained their ethnic identity.(1)
Assaults on the language of the Azeris, characterize a 'Persianifcation' drive that has seen the government proscribing traditional festivals, destroying historic monuments and seeking seemingly to erase the mental and physical landscape of those in the north. But Tehran has begun to reap the whirlwind. After years of endurance, a struggle over language has brought about the awakening of a people long associated with silent acquiescence, if they were indeed acknowledged at all.(2)
Iran's ethnic Azerbaijani community is seldom in the news, but is gradually becoming an increasingly important factor in the domestic politics of Iran as well as in the regional politics of the so-called Northern Tier of the Middle East, where Iran meets the South Caucasus and Turkey. Both domestic political developments in the Islamic Republic and the larger environment surrounding the region are contributing to making the Azerbaijani community in Iran a potential hotspot.
The developments in Iranian Azerbaijan are regularly overshadowed by other, more acute, developments in the region. Yet the processes taking place there do not bode well for the future. The Iranian government is pursuing policies that exacerbate tensions between itself and the Azerbaijani community. Given the volatility of the wider region, the risk of conflict in Iranian Azerbaijan cannot be discounted, although it is by no means unavoidable. While there is time, it is important for the international community to seek to defuse tensions in Iranian Azerbaijan.
The possibility exists that the issue of Iranian Azerbaijan will one day be a much more prominent item in the news than it is today.(3)
1- Svante Cornell, Iranian Azerbaijan: A Brewing Hotspot Presentation to Symposium on "Human Rights and Ethnicity in Iran", November 22, 2004, organized by the Moderate (conservative) party, Swedish Parliament, Stockholm.
2- Brenda Shaffer, Borders and Brethren: Iran and the Challenge of Azerbaijani Identity. Cambridge, Mass.: MIT Press, July 2002.
3- http://southaz.blogspot.com/2008/03/persecution-tension-and-awakening-in.html
4- http://www.ethnologue.com/show_language.asp?code=azb
5- http://www.oyrenci.com
6- http://www.azadtribun.net


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Home > Academics > English > ENG Courses
English (ENG)
The following English courses are offered:
English - Creative Writing (ENGCW)
1-3 Units
.5-4 Units
English - Education (ENGED)
1-3 Units
.5-4 Units
English - Laboratory (ENGLB)
ENGLB 71 Reading and Writing Across the Curriculum .5-3 Units
Prerequisite: None.
Hours: 162 hours LAB
Students receive individualized assistance with their reading and writing assignments across the disciplines. Students may enter the course at any time during the first 8 weeks of the semester and earn either 0.5 or 1 unit per semester. ENGLB 71 may be taken for up to 3 units total, at a rate of .5 or 1.0 unit per semester, until the 3 unit limit is reached. This course is graded pass/no pass.
English - Literature (ENGLT)
1-3 Units
.5-4 Units
English - Reading (ENGRD)
.5-4 Units
English - Writing (ENGWR)
.5-4 Units
3 Units
.5-4 Units
Updated 6/11/14
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The Secret Passageway to the TreasurePremium Photographic Print
Item #: 12184580689A
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After the crowds of Angkor Wat, it was nice to go find a remote temple in the jungle and be alone. This temple laid under the jungle, completely undiscovered for centuries. The hallway and mysterious chambers seemed to go on forever.
This premium photographic print is digitally printed on high gloss Premium Photographic Paper resulting in a unique silver pearlescent finish with stunning visual impact and depth that is suitable for museum or gallery display. Price
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I was looking for a picture that would prompt someone to take a second look and even be thought provoking. This picture does both! The picture is rather dark in coloring but they are perfect for this print. I would be great for an office, hallway, pretty much anywhere. I chose not to put a mat around the picture since I felt it took away from the 'feel' of the picture.
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How to Automatically Set the Featured Image in WordPress
Do you sometimes forget to set the featured image on your WordPress posts? Here's a quick handy snippet that will automatically set the featured image by grabbing the first image of the post. If you want to select your own featured image, it will display your selection instead…
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St. Giles' Cathedral, Edinburgh
Royal Mile
Scotland EH1 1RE
Tel: 44 131 225 9442
Scotland EH1 1RE
Tel: 44 131 225 9442
Concierge.com's insider take:
An imposing stone edifice punctuated by stained-glass windows, St. Giles' Cathedral looms over surrounding buildings on the Royal Mile, and its spire is a dominant feature of the city's skyline. Founded in 1120 as a small Catholic church, additions were made over the years until, by the mid-16th century, it held 50 altars. John Knox, leader of the Scottish Reformation, broke St. Giles' ties with Rome in 1560, and today, St Giles' is considered the mother church of Presbyterianism.