text:
WOODLOCK, District Judge.
The plaintiff, PaineWebber, Inc., instituted this action for declaratory and injunctive relief to bar the defendants, Charles M. Landay and Sheila D. Landay ("the Landays"), from seeking arbitration of certain claims against PaineWebber. PaineWebber has moved for a preliminary injunction pursuant to Fed.R.Civ.P. 65 to enjoin the Landays from proceeding to arbitration. As grounds
In response, the Landays move pursuant to 9 U.S.C. § 4 for an order compelling PaineWebber to arbitrate the Landays' claims. Subject matter jurisdiction lies under 28 U.S.C. § 1332(a).
From 1983 to 1992, the Landays opened various accounts with PaineWebber, a company which provides brokerage services to individual investors. The Landays had been referred to PaineWebber by their accountant at Ernst & Young, who "believed [Charles Landay] needed financial advice, particularly to reduce the risk represented by [his] single large Stride Rite holding."
Upon opening their accounts, the Landays executed a "Client Agreement" prepared by PaineWebber.
(Verified Compl.Ex.D.) The Agreement also states (in bold) at Clause 17 that "[t]his agreement and its enforcement shall be construed and governed by the laws of the State of New York". Id.
On February 2, 1994, the Landays filed a Statement of Claim ("the Claim") with the National Association of Securities Dealers, Inc. ("NASD"). The Claim sought
(Verified Compl.Ex. E at 1.) The 25 complained-of limited partnerships investments identified by the Landays in the Claim were made at various times from 1983 to 1990, at a total of $1,076,900. Id. at 2-3. Claiming a loss in principal of over $500,000 and an additional loss of return of over $300,000 had their funds been "invested in conformity with their investment objectives", the Claim further asserts that the Landays
Id. at 4. This conduct, the Claim states, violated, inter alia, the Securities Exchange Act, the Massachusetts Securities Act, Mass. Gen.L. ch. 93A, Collins' fiduciary duty to — and contract with — the Landays, and, where not intentionally fraudulent, constituted negligence. Id. at 4-5. For relief, the Claim seeks an award embracing lost principal plus market-adjusted income, punitive damages, interest, costs, and attorneys' fees. Id. at 5.
As the Supreme Court last year reiterated, "the basic purpose of the Federal Arbitration Act ["FAA"] is to overcome courts' refusals to enforce agreements to arbitrate." Allied-Bruce Terminix Cos. v. Dobson, ___ U.S. ___, ___, 115 S.Ct. 834, 838, 130 L.Ed.2d 753 (1995). Thus, the Court has held that the FAA displaces state law to the contrary, Southland Corp. v. Keating, 465 U.S. 1, 15-16, 104 S.Ct. 852, 860-61, 79 L.Ed.2d 1 (1984), and ensures that agreements will be enforced according to their terms "even if a rule of state law would otherwise exclude such claims from arbitration," Mastrobuono v. Shearson Lehman Hutton, Inc., ___ U.S. ___, ___, 115 S.Ct. 1212, 1216, 131 L.Ed.2d 76 (1995).
However, whether there is an obligation in the first place to arbitrate "`is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.'" AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 648, 106 S.Ct. 1415, 1418, 89 L.Ed.2d 648 (1986) (quoting Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582, 80 S.Ct. 1347, 1353, 4 L.Ed.2d 1409 (1960)). The resolution of this question "is undeniably an issue for judicial determination[:] Unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator." Id., 475 U.S. at 649, 106 S.Ct. at 1418.
First Options, 115 S.Ct. at 1924 (citations omitted). The Court concluded further that the presumption of resolving doubts in favor of arbitration should be applied in situations where the parties have a valid arbitration agreement in place at least for some issues. Id. Presumably, at that point, the question of "arbitrability" (i.e., whether the parties intended to have an agreement to arbitrate in the first place) is undisputed and the question to be answered concerns the scope of the agreement. This policy is justified, the Court reasoned, given the "law's permissive policies in respect to arbitration." Id. See also McCarthy v. Azure, 22 F.3d 351, 355 (1st Cir.1994) (finding that once an "agreement has been proven and the protagonists identified" subsequent doubts over the scope of arbitration should be resolved by the arbitrators). Moreover,
AT & T Technologies, Inc., 475 U.S. at 650, 106 S.Ct. at 1419 (quoting Warrior & Gulf, 363 U.S. at 584-85, 80 S.Ct. at 1354-55) (emphasis added).
The arbitration clause at issue here, with its provision that "any and all controversies which may arise between [the parties] concerning any account, transaction, dispute or the construction, performance or breach of this or any other agreement ... shall be determined by an arbitrator," (emphasis added), is plainly as "broad" as the arbitration clause at issue in AT & T Technologies, if not more so. There is no "express provision" excluding the Landays' particular claim for recoupment of funds stemming from the alleged wrongful inducement of unsuitable investments. To the contrary, such claims fall squarely within the plain meaning of the contractual agreement to submit "any and all" account or transaction-related controversies to arbitration.
As a matter of basic contract interpretation, therefore, I find that the arbitration provision in the parties' agreement clearly embraces the Landays' Claim. There is indeed no "arbitrability" dispute. Nevertheless, PaineWebber contends that the Landays should not be permitted to proceed to arbitration for essentially two reasons: A) that the bulk of the Landays' Claim is per se ineligible for arbitration under Section 15 of the NASD Code of Arbitration Procedure, and B) that the Claim fails to state a claim on which relief can be granted and is therefore not arbitrable. PaineWebber additionally asserts C) that New York law prohibits the award of punitive damages in arbitration. I address these contentions seriatim.
A. Eligibility Determination
Section 15 of the NASD Code of Arbitration Procedure provides that
§ 15 NASD Code.
Citing this provision, PaineWebber notes that fourteen of the Landays' twenty-five complained-of investments were made prior to 1988, more than six years prior to the February 1994 filing of their Claim.
Before addressing these contentions, I must first determine the body of substantive law by which I am to be guided. As noted above, Clause 17 of the parties' Agreement provides that "[t]his agreement and its enforcement shall be construed and governed by the laws of the State of New York". And there is little question that lower New York state courts have concluded that under New York law, § 15 is considered a non-tollable eligibility requirement the satisfaction of which is to be determined by the courts, not arbitrators.
Moses H. Cone Memorial Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S.Ct. 927, 941, 74 L.Ed.2d 765 (1983).
Since Cone, the Supreme Court in Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 479, 109 S.Ct. 1248, 1256, 103 L.Ed.2d 488 (1989), has held that the FAA does not prevent parties to an arbitration agreement from choosing to abide by state rules of arbitration or courts from "enforcing those rules according to the terms of the agreement ... even if the result is that arbitration is stayed where the [FAA] would
The First Circuit in Raytheon Co. v. Automated Business Sys., Inc., 882 F.2d 6 (1989), has held that where the scope of an arbitration agreement is disputed,
Id. at 11, n. 5. Cf. McCarthy, 22 F.3d at 355-56 and n. 5 (question "which involves the interpretation of an arbitration provision touching upon matters of interstate commerce, must be resolved according to federal law"; state law, however, is not an "irrelevancy" and may be borrowed from in accordance with choice-of-law principles where not in conflict with "some discernible federal policy"); see also Volt, 489 U.S. at 488, 109 S.Ct. at 1260 (Brennan, J. dissenting) ("normal purpose of [] choice-of-law clauses [such as in Volt contract] is to determine that the law of one State rather than that of another State will be applicable; they simply do not speak to any interaction between state and federal law").
Accordingly, I turn to federal law to determine the impact of § 15 on the scope of the instant parties' agreement to arbitrate.
I recognize that PaineWebber's position has now found varying degrees of acceptance under varying types of analysis in five circuits. See Merrill Lynch Pierce Fenner & Smith, Inc. v. Cohen, 62 F.3d 381 (11th Cir. 1995); Securities Service Network, Inc. v. Cromwell, No. 94-5778, 62 F.3d 1418, 1995 WL 456374 (6th Cir. Aug. 1, 1995) (unpublished); Dean Witter Reynolds, Inc. v. McCoy, 995 F.2d 649 (6th Cir.1993); PaineWebber, Inc., v. Allen, 888 F.Supp. 53 (E.D.Va.1993), aff'd, 45 F.3d 427 (4th Cir. 1995); Edward D. Jones & Co. v. Sorrells, 957 F.2d 509 (7th Cir.1992); PaineWebber Inc. v. Hartmann, 921 F.2d 507 (3rd Cir. 1990). But the issue presents a clear split in the circuits because at least three circuits reject the PaineWebber position. See, e.g., Smith Barney Shearson, Inc. v. Boone, 47 F.3d 750, 754 (5th Cir.1995); FSC Securities Corp. v. Freel, 14 F.3d 1310, 1312-1313 (8th Cir.1994); O'Neel v. National Association of Securities Dealers, Inc., 667 F.2d 804, 807 (9th Cir.1982).
In Cohen and Cromwell, the Eleventh and Sixth Circuits, respectively, rely on a reading of First Options. Both reiterated that First Options requires "clear and unmistakabl[e] evidence" before arbitrators can decide "arbitrability." Cohen, 62 F.3d at 383-85; Cromwell, 1995 WL 456374, at *2-3. In turn, both courts rejected arguments that NASD Code § 35, which provides that "[t]he arbitrator shall be empowered to interpret and determine the applicability of all provisions under this Code which interpretation shall be final and binding upon the parties," was sufficient evidence that the parties clearly and unmistakably intended for § 15 to be resolved by arbitrators.
While Cohen conceded that § 35, together with § 15, creates an ambiguity, it found that "an ambiguity is insufficient to override the presumption that courts determine arbitrability." Cohen, 62 F.3d at 384. I cannot agree. First Options clearly holds that ambiguity surrounding the scope of a valid arbitration agreement should be governed by a presumption that resolves doubts in favor of arbitration. ___ U.S. at ___, 115 S.Ct. at 1924 (citing Cone). See also Mastrobuono, ___ U.S. at ___, 115 S.Ct. at 1218 ("due regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration") (quoting Volt, 489 U.S. at 476, 109 S.Ct. at 1254). Moreover, in Mastrobuono the Court observed that arguably ambiguous arbitration agreements, like other private contracts, are to be construed against the drafter. ___ U.S. at ___, 115 S.Ct. at 1219.
Prior to the Supreme Court's arbitration decisions last term, the Seventh Circuit in Sorrells articulated a somewhat different distinction in holding that timeliness issues should be resolved by a court. Sorrells cited a prior Seventh Circuit case, PaineWebber Inc. v. Farnam, 870 F.2d 1286, 1292 (7th Cir.1989), which relied on a letter from an NASD Staff Attorney, stating that "`the NASD will not process a claim that falls wholly outside the six year period'", to conclude that "`the NASD reads Section 15 [] to be an eligibility requirement rather than a statute of limitations. ... Section 15 therefore serves as an absolute bar to claims submitted for arbitration more than six years after the event which gave rise to the dispute.'" Sorrells, 957 F.2d at 512. Unlike a statute of limitations, the Sorrells court concluded, "an eligibility requirement cannot be tolled." Id. at 513.
To buttress this finding, the Sorrells court next examined a 1984 amendment to Section 18 of the NASD Code. The amendment provided that the six year limitation would not apply where parties had submitted the dispute to a court, and would not run while the court retained jurisdiction of the matter. Interpreting the amendment's effect, the Seventh Circuit found it to be
Id. (quoting Securities and Exchange Commission, Form 19b-4, Proposed Rule Change by NASD, File No. SR-NASD-84-16, pp. 8-9). Sections 15 and 18 together, the Sorrells court found, indicated that the six year bar could be overcome only where a court of competent jurisdiction ordered the claim to arbitration; thus, where a party chooses to submit its claim first to arbitration instead of to a court, as in Sorrells, the exception does not apply and the bar is absolute. Id. at
I do not find this reasoning persuasive. First, I note that the authorities from which the Seventh Circuit draws its ultimate conclusion that Section 15 is an "eligibility" requirement that cannot be tolled — the letter of a NASD Staff Attorney and comments regarding the Section 18 amendment — are neither binding nor conclusive, particularly with regard to tolling.
Second, to the extent that Sorrells rests on authority that is less than conclusive, its holding tends to repudiate the firmly established principle that "`doubts [are to] be resolved in favor of arbitration'". McCarthy, 22 F.3d at 355 (quoting Cone).
Indeed, the conclusion that time-bar defenses do not limit an arbitrator's jurisdiction, has been adopted in varying forms and degrees by both the Supreme Court and a number of circuits. See Cone, 460 U.S. at 24-25, 103 S.Ct. at 941-42 (FAA mandates that "doubts concerning the scope of arbitrable issues [] be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense of arbitrability"); Shearson Lehman Hutton, Inc. v. Wagoner, 944 F.2d 114, 121 (2nd Cir.1991) (holding validity of time-bar or limitations defenses, "whether stemming from the arbitration agreement, arbitration association rule, or state statute", is issue for arbitrators, not courts)
Whether styled as an arbitrating body's "eligibility" requirement or some other form of time bar, these provisions afford no rationale to carve out aspects of disputes for court resolution when disputes generally are the subject of an arbitration agreement between the parties.
The wisdom of this approach becomes evident when one considers that attempts to resolve time-limitation issues will often lead to an entanglement in the merits of the dispute. As the Supreme Court has made clear, courts are obligated to steer clear of the merits determinations, which should be reserved for the arbitrator when the parties have agreed to arbitrate:
AT & T Technologies, 475 U.S. at 649-50, 106 S.Ct. at 1418-19 (quoted case omitted).
I find nothing either in the terms of the parties' agreement or in Section 15 itself which compels the conclusion that issues of "tolling" are precluded from consideration under Section 15's six-year eligibility requirement. The Landays here assert that due to acts of fraudulent concealment they were unable to discover their cause of action until 1993. If one accepts tolling as an appropriate consideration, therefore, the issue of whether their claims are time-barred cannot be resolved without inevitable engagement on the merits of the claim. See, e.g., Ohio Co. v. Nemecek, 886 F.Supp. 1342, 1348 (E.D.Mich.1995) (finding that despite Sixth Circuit precedent reserving timeliness issues to courts, sufficient pleading of fraudulent concealment would send a case directly to arbitration). As the Supreme Court observed in the context of instructing courts to
John Wiley & Sons, Inc., 376 U.S. at 557-58, 84 S.Ct. at 918-19.
Even setting aside the question of tolling, time consuming issues of judicial entanglement can arise when courts are invited to fact find regarding the predicates for a time bar. Under Section 15, the six-year period is measured from "the occurrence of the event giving rise to the act or dispute, claim or controversy." Such a moment, however, is seldom self-defining. Thus, while in the instant case it may be clear that, absent considerations of tolling, certain of the Landays' investments are well beyond the six-year limit, in other cases the resolution of this question will itself lead to certain engagement with the merits of the dispute. See, e.g., Radiation Dynamics, Inc. v. Goldmuntz, 464 F.2d 876, 890 (2d Cir.1972) (in a 10b-5 action, "purchase or sale" occurs not necessarily when the securities are actually transferred and paid for, but rather when there has been a "commitment" by the parties to make the transaction); Humphrey v. Prudential Ins. Co. of America, Civ. A. No. 2:92cv178, 1993 WL 275213, n. 4 (E.D.Va.1993) (noting that NASD/NYSE six-year term requires resolution of "whether the period begins at the sale of the security or when the `cause of action accrues (i.e. through some later misrepresentation or fraud)'", and noting that the NYSE measures "from sale" while the Fourth Circuit "appears to leave such inquiries to the arbitrator"), appeal dismissed, 4 F.3d 313 (4th Cir.).
For the foregoing reasons, I conclude that the question of whether Section 15 of the NASD Code renders certain of the Landays' claims ineligible for an arbitration award is a question to be determined by the arbitrator rather than the court. PaineWebber's objection to the arbitration on the ground that the bulk of the Landays' claim is ineligible is therefore rejected.
B. Failure to State a Claim
In an effort to demonstrate that the Landays have failed to state a claim upon which relief can be granted, PaineWebber asserts, inter alia, that i) their claim for breach of fiduciary duty is time-barred by the three-year statute of limitations in tort which cannot be tolled because the Landays were on notice of potential harm, (Pl.'s Mem. in Supp. of Mot. for Prelim.Inj. at 9-10); ii) under New York law a broker has no fiduciary duty to apprise his customer of all post-investment financial developments relating to the customer's accounts, id. at 10-12; and iii) the Landays were "sophisticated investors" who exercised full control over their nondiscretionary accounts and so were not "misled" or "induced" into "unsuitable" investments. Id. at 14-18. Regarding the Landays' claims under Mass.Gen.L. ch. 93A and the Massachusetts Securities Act, Mass. Gen.L. ch. 110A, PaineWebber further asserts that a) the Landays are not permitted to assert Massachusetts statutory claims, b) the Landays failed to make a written demand under ch. 93A, § 9(3), which is prerequisite to a ch. 93A claim, c) ch. 93A does not extend to securities claims arising before 1988, and d) the Landays cannot meet the two-years-within-contract-of-sale statute of limitations set forth at ch. 110A, § 410(e) or show that PaineWebber had the requisite "scienter". Id. at 13-14.
As is evident from their description, these assertions go directly to the merits of the Landays' Claim. The extended discussion in section II.A. concerning the arbitrability of time-limitations aspects of otherwise arbitrable
C. The Availability of Punitive Damages
As PaineWebber observes, New York law prohibits the recovery of punitive damages in arbitration. See, e.g., Garrity v. Lyle Stuart, Inc., 40 N.Y.2d 354, 386 N.Y.S.2d 831, 832, 353 N.E.2d 793, 794 (1976); Barbier v. Shearson Lehman Hutton Inc., 948 F.2d 117, 121-22 (2nd Cir.1991) (citing Garrity); Fahnestock & Co., Inc. v. Waltman, 935 F.2d 512, 517 (2nd Cir.) (same), cert. denied, 502 U.S. 942, 112 S.Ct. 380, 116 L.Ed.2d 331 (1991). Thus, PaineWebber maintains, because the parties' Agreement is governed by New York law, the Landays' claim for punitive damages must be struck down.
Last term the Supreme Court directly addressed this issue in Mastrobuono. ___ U.S. at ___, 115 S.Ct. at 1215. As in this case, Mastrobuono involved a claim filed with the NASD, a New York choice-of-law clause, and the issue of punitive damages. The Court held that the FAA ensures that an arbitration agreement will be enforced according to its terms "even if a rule of state law would otherwise exclude such claims from arbitration." Id., 115 S.Ct. at 1216. The Court reiterated that the FAA's purpose is "to overcome courts' refusals to enforce agreements to arbitrate." 115 S.Ct. at 1215. While emphasizing that parties are free to structure their arbitration agreements like any other private contract, the Court found that where an agreement is ambiguous (i.e., (a) a New York choice-of-law clause, (b) no overt proscription of punitive damages, and (c) broad language that "any controversy" between the parties "shall be settled by arbitration" in accordance with NASD rules), punitive damages should be allowed.
The Supreme Court's Mastrobuono decision appears to have been presaged by the First Circuit in Raytheon. There, as here, the parties' contract contained a broad arbitration agreement requiring that "all disputes" be settled through arbitration under the rules of the AAA; there was no explicit reference to punitive damages; however, the parties had provided that California law, which prohibits punitive damage awards in arbitration, would govern their agreement. The First Circuit in Raytheon drew no distinction between the issue of punitive damages and scope of arbitration. Rather, it found that the latter embraced the former and that, as a consequence, federal law prevailed over the forum law otherwise agreed upon in the parties' choice-of-law provision. Raytheon, 882 F.2d at 11, n. 5.
The First Circuit in Raytheon observed that AAA rules explicitly gave to arbitrators the discretion to grant any remedy they found `just and equitable within the terms of the agreement of the parties.' Id. at 9-10 (quoting rule). Placing this grant of authority against the background of a liberal federal policy favoring arbitration, the First Circuit allied itself with other courts that have found that an agreement's choice-of-law provision specifying a forum which did not allow punitive damages "d[oes] not limit the force of AAA Rule 42 or render punitive damages no longer `within the scope of the agreement of
Applying the Supreme Court's decision in Mastrobuono and adhering to the First Circuit's reasoning in Raytheon, I conclude that the agreement of the parties does not prohibit the award of punitive damages.
For the reasons set forth more fully above, the plaintiff's motion for a preliminary injunction is DENIED; the defendants' motion for an order compelling arbitration is GRANTED.
(See Defs.' Mem. in Opp'n to Pl.'s Mot. for Prelim.Inj. at 11.) However, this provision only applies to agreements executed after September 7, 1989. See Mastrobuono, 115 S.Ct. at 1218, n. 6. Here, there is some discrepancy as to when the operative agreements were executed, despite the date indicated on the copy before me. See note 3 supra. Thus, § 21f(4) may be inapplicable, at least in part, because the Landays' accounts were first opened in 1983.


text:
I've been a big fan of Vintage since I first tried it in 2006. I've noticed that over the past year or so, it's gone through a ton of changes. I'm going back this Sunday and was wondering if anyone has been there very recently and can give some opinion on the changes?
First off, they took their delicious prime rib off the menu last time I went. When I asked the waiter, he said that management had considered the variables and that prime rib was not a traditional "chophouse" entree so they would axe it. I was disappointed, but we ordered the Canadian Prime filet mignon and striploin, and both were amazing. Especially the filet mignon - that's always been another highlight of the restaurant to me.
Now looking at the menu, they've removed the filet mignon and the ONLY steak they serve that is certified Canadian Prime is the striploin. They now have a 40 day aged Crystal Creek Ranch beef tenderloin, 40 day Crystal Creek Ribeye, 40 day Spring Creek Ranch Flat Iron, an American Kobe Top Sirloin, and a 28 day Black Angus Cowboy Rib Chop for 2.
I'm all for supporting local ranchers (the top sirloin aside), and I think it's great there's such a push in this city to serve high-quality Alberta beef at all sorts of restaurant.
Having said that, the biggest appeal of Vintage to me was that it served Canadian Prime beef (although Bear's Den also apparently does?). And they took away our beloved filet mignon and prime rib on top of that.
I look forward to going back, but I'm more than a bit concerned and skeptical.

subset: commoncrawl


text:
Very nice performance, old drivers hold it back.
If you went to a LAN with your laptop five years ago you'd probably get a bunch of people calling you 'lamer' or 'noob', laughing at your weak-as-a-kitten integrated graphics and underwhelming processing grunt. Times have indeed changed, and today's top tech has been packed into the portable powerhouse on display on this very page - though it comes with a few disappointing surprises. But first things first: there is definitely a lot to like about this lappy.
We first noticed the absolutely brilliant 17.3in LCD screen. Backlit by super-bright LEDs, the panel packs a full 1920x1200 res that shows off games and movies in stunning detail. Though it can be a little too sharp sometimes and can look washy under fluorescent lighting, it does look quite good. Ghosting is minimal and, thanks to the Blu-ray player, pretty much anything you throw at it will be shown nicely, or can be piped out via HDMI to a bigger screen.
The keyboard is backlit and features a 'chiclet' design, and feels relatively sturdy for long gaming sessions but may not hold up for years of constant use. It doesn't get uncomfortably warm when the lappy is gaming either, and the slight angle that the whole base sits at is pretty comfortable to type on. Sadly the trackpad is a little underwhelming, with big mushy keys and an ill-defined scroll area that can interfere with normal use.
Zippy wireless is included with 802.11n along with BlueTooth and a decent 2MP webcam, all built into a sturdy chassis coated with a very soft rubber. Sturdiness does increase weight, but thankfully this is limited to roughly 4kg. Battery life seems decent at idle or under light use, though the inbuilt graphics card auto-underclocks itself when unplugged to make gaming impossible.
When all is plugged in and ready to go the G73Jh is decent in most tasks, pulling P8006 points in 3DMark Vantage - significantly less than the desktop 5870 card. This is repeated in Unigine's Heaven, with an average FPS of 10.9 that highlights what would be a serious problem on a desktop with this card. Crysis at 1920x1200 all max runs at 21.49 FPS, an almost-playable setting that looks downright gorgeous on that lovely screen. So where is all this performance going? Why doesn't it match up with the desktop version of the 5870?
Well the answer isn't explicitly clear, but it boils down to the 'Mobility' moniker slapped onto the 5870 card we know and love. This label returns a crippled specification of 800 Stream Processors (equivalent to a 5770), a core speed of 700MHz (equivalent to a 5750) and 1024MB of GDDR5 on a 128-bit memory bus (equivalent to a 5770). It becomes further muddied when we look at the Intel 720QM processor that is rated for 1.6GHz - under single-threaded Cinebench it returns 3752 points at a boosted 2.4GHz, but when multi-threaded this only gives 10203 points at 1.7GHz. Thermal constraints seem to be the reason for this, though the lappy ran perfectly stably with both Kombustor and OCCT concurrently and topped out at 92 degrees on the GPU. Graphics drivers are also purpose-coded and are based on Catalyst 9.12 - with no updates available from ASUS after almost seven months.
These hitches aside, the G73Jh is still a very fast laptop that comes with everything you'd need on the go, and even throws a backpack at you to help out. For the price, it's very good value.
This Review appeared in the July, 2010 issue of PC & Tech Authority Magazine
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In pictures: Asus ROG Zephyrus
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text: Maiden Noir present the lookbook for its Fall 2010 collection, titled "Wasted Youth." The collection is a look through the eyes of a young war photographer trying to find meaning in what he is documenting. The year is 1972 and the long war is near its end. The cut-and-sew pieces in the collection pay tribute to a heritage of vintage silhouettes though leaning toward a more refined and clean classic look. Fabrics used are a mix of heavy cotton twill, herringbone Frog Skin reversible camouflage, Army cloth twill and moleskin. The focus is on the detailing, tailoring and materials. All of the pieces are made from Japanese fabrics and the selvage denim is tailored in Japan. The collection is now available through select stockists, including the brand's online store.


text:
Behold, the Toothbrush That Just Saved the International Space Station – The Atlantic.
It was a little like Apollo 13 — if its mission to the moon had been saved by a tool of good oral hygiene, that is. Yesterday the International Space Station, having battled electrical malfunctions for over a week, was repaired by a combination that MacGyver himself would have been proud of: an allen wrench, a wire brush, a bolt … and a toothbrush.
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"Be generous with the duct tape, you know; spare the duct tape, spoil the job."
– from the Red Green show
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text:
Bargain-hunters spending Thanksgiving Day waiting in line
The turkey isn't even cold yet, but many people are already thinking ahead to Black Friday shopping.
Some people are already shopping. Others have spent this Thanksgiving standing in line, waiting for the stores to open so they can take advantage of the deals.
While some stores will still open at midnight, the traditional time to open the doors on Black Friday, several other stores are stepping it up this year, opening at 8:00 pm. Regardless of what time the stores are opening, we found some who say in times like these is worth the sacrifice.
"If you need a water, I bought a couple bottles of water and I'm sipping on my Pepsi, so I'm good for right now," said Louise Watford.
It's easy to see Watford is having a little fun with this. She got in line at the Best Buy on Lafayette Road early for a sale that was 18 hours away.
"I got up here at six this morning just to get a Toshiba baby, thank you! I'm thinking about my car! I got up early to get a Toshiba tv," said Louise.
That 40" Toshiba tv at a steal of deal -- $179-- was all the motivation Louise and her friend, Adesa Lloyd, needed. These are two women on a very serious mission.


text:
TCSG, GICA Sign Articulation Agreement
Officials said this week an agreement between the Technical College System of Georgia and the Georgia Independent College Association will make it easier for technical college graduates to enter many four-year private colleges in Georgia with transfer of credit hours.
Representatives of the two organizations signed the Transfer Articulation Agreement in a State Capitol ceremony recently.
Under the agreement, a Technical College System of Georgia student having a minimum of a 2.5 Grade Point Average for all academic work attempted at a SACS-accredited TCSG institution and an Associate of Applied Science or Associate of Science degree from a TCSG institution will be admitted to participating Georgia Independent College Association member baccalaureate degree-granting institutions.
Officials noted that admission to the GICA participating institution does not guarantee admission to specific majors or programs.
Participating GICA institutions include Toccoa Falls College, Brenau University, Emmanuel College, Piedmont College, Truett-McConnell College, Young Harris College, and others.
Meanwhile, North Georgia Technical College is part of the Technical College System of Georgia.
GICA President Dr. Susanna Baxter said that the purpose of this unprecedented public-private partnership is to facilitate college completion throughout Georgia and empower the future workforce. Officials said that based on a recent survey of other state higher education systems, the agreement is believed to be one of only a few such credit transfer and admission acceptance arrangements in the nation.
Meanwhile, TCSG Executive Director for Academic Affairs Joe Dan Banker said the articulation agreement creates additional education pathways for students and is a big step in the state's effort to provide seamless educational ladders for all Georgians.


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Does Obama Deserve The Nobel Peace Prize?
He is the first black American president with an Islamic background,with charisma and promising speeches, but are promises the only thing he made? Is his name worthy of standing next to those of Doctors Without Borders, Dalai Lama, Frederic Passy,Mother Teresa? Does Obama deserve the Peace Prize because of his message on nuclear weapons? Should the Nobel institution award him the Peace Prize in order to encourage his message of nuclear non-proliferation - to profess support? (As is stated by the Nobel institute as the main reason for awarding him the prize).
You can also add to the debate by leaving a comment at the end of the page.
The award of the peace prize is based on hope.
others agree with this.
This is potentially of immense significance, hope breeds peace. It is a necessary component of it. Obama has made the world hopeful of a fairer and more just international order. A hope that has not yet really encountered the buffers of reality. In that sense this may be the best time to give Obama the peace prize.
Hope is not something tangible. It may be something that Obama has helped to give the world for the moment but that will fade. Indeed it already has. Therefore it is not something that should deserve a peace prize. Praise perhaps but no award. Anyone who took over from George W. Bush would have gained alot of goodwill from around the world simpl,y because the world desperatly wanted a change in leadership in the USA. As this would have happened anyway no matter who became President this is no reason to give someone one of the most globally respected prizes.
A quick check-list of qualifying actions should include:
Close Guantanamo and release anyone who cannot be tried in a normal US court.
End the war in Afghanistan.
Leave Iraq.
Negotiate seriously with North Korea and Iran about nuclear weapons.
Refuse to sell Britain an upgrade to Trident.
'The road to hell is paved with good intentions'. Hope is not enough.
Responsibility & the Scales of Morality
The idea that anyone should be awarded the Peace Prize for promoting peace is, obviously, a good thing. However, when the person you are awarding a Peace Prize to has committed far more wrong than right, the Peace Prize then becomes illigitimate.
Obama is responsible for the deaths of thousands of innocent Afghan civilians, along with crippling sanctions against Iran and North Korea (resulting in a life far worse for their citizens), he has not closed Guantanamo Bay, he is still going ahead with the construction of permanent military bases in Iraq and he still finances terrorist states and war criminals (the biggest recipient of these finances is Israel - a regular perpertrator of war-crimes and significant breaches of human rights).
Would we award Hitler an award for moral character because he spoke out against the harmful effects on one's health through smoking? Of course not!
One good reason is not enough in the face of dozens of bad ones.
Both North Korea and Iran need to be sanctioned- if not worse- to punish them and stop them from making nuclear weapons.
Although this is a seperate debate (one that already exists on DebateWise- "Is Israel a Legitimate State") Israel is not a terrorist state, it is one that strives towards peace and therefore deserves the full funding of the United States government.
This point against is based on sweeping generalizations. It is not a real argument to compare Hitler's personal hygiene to Obama's peace processes.
What has he actually done?
Surely the Nobel Peace Prize, a highly coveted accolade, should be awarded to someone who has or helped to achieved peace. So far Barack Obama has done neither as far as I have heard. Past recipients of the award have spent a lifetime working for peace. Obama's nomination was based on his activities during the first 12 days of office. Obama did nothing to qualify for the award during his first few days in office.Thinking about it isn't good enough. Claiming it's what you would like isn't good enough either. Ever Miss World has claimed they want world peace too. Should they then receive a nobel prize? When the wars in Iraq and Afghanistan are over, a deal struck between Isreal and Palestine and Third world debt wiped out so those countries can rebuild, Barack Obama can claim the peace prize. Until them being American President doesn't qualify.
It would be an exercise in futility to ask Obama to achieve miracles that are not humanly possible before giving him a Nobel Prize. What we should rather do is look at the processes he has set in motion and the hope he has given to the people of the world. Peace can be a passive process, it does not necessarily have to take the form of active intervention. There are many who think that Barrack Obama's policies and outlook are enough, in his position, to qualify for the Nobel Peace Prize.
Are these enough to take an award?
Barrack Obama may the first black American president with an Islamic background. Maybe this event is a revolution. He may also give a message of nuclear non-proliferation - to profess support. Is it really enough to take his background and his beliefs as indicators of what he will achieve. We should have waited until he had actually done something before we awarded him the prize. Has he done enough to rank among Nelson Mandela and Mother Teresa?
What do you think?
Continue the Debate - Leave a Comment
1 Comment on "Does Obama Deserve The Nobel Peace Prize?"


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E82 / E87 / E88 1 Series (2008 - 2013)
BMWs throw back to the iconic 2002, with a renewed form and function. The smallest car in BMW's line up but still packs a punch. Available in coupe or convertible, powered by a naturaly aspirated inline 6 in the 128 or the turbo twin power inline 6 rocket sled 135.
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Road & Track heaps praise on the 135is
I don't subscribe to any rags, but my colleague at work is keenly aware I'm a huge one series fan and dropped off the latest edition of R&T on my desk the other morning to look at during my lunch break (yeah, like I really waited that long ).
Anyway, R&T did a nice write-up on the 135is which the reader can read in full at this linky.
Some of the comments I found interesting:
"If the Bavarian Motor Wizards boiled down their brand to the stuff that made it legendary, a 135is badge would be floating at the bottom of the cauldron. That essence, made real, would be a compact coupe with tubby rear-wheel-drive proportions, just like the small Sixties, Seventies, and Eighties sport sedans that made BMW a household name. Its steering would be more accurate and more communicative than most anything else on the road. It would have a straight-six that saxophoned you a love song while assaulting the rear tires with obscene force. It would be a luxury car by virtue of its engineering, ergonomics, and materialsnot because it was swaddled in expensive hides or festooned with tech gimmickry."
And also:
"It's also a matter of larger focus. The 135is doesn't have a single "Sport" button in its cockpit, because a proper sports coupe doesn't need a button to tell it when to be sporty. The addition of an "s" to the rear emblem doesn't mean muchthis car is essentially the old 135i Sport package, replete with six-piston front brakes, sport suspension, and an aero body kit. The single-turbo straight-six motivating the 135i since 2011 gets an additional 20 hp and 17 lb-ft of torque, an upgrade that's been available through BMW's accessory catalog for more than a year.
And it has an exhaust that begs you to leave the door open when you start it in the morning, just so you can hear it. Forget Folgers; the best part of waking up is the prospect of setting off car alarms when you light off your 135is before work. The performance exhaust has what we like to think of as pretend mufflers. They pretend to quiet down the engine's roar, and your rich neighbor will pretend that the little BMW doesn't sound as potent as his Ferrari.
Can you feel the engine's slight (just six percent) power bump? Not really, but then the 135i never wanted for power. The 135is threatens to roast its rear tires all the way through first gear, screaming to 60 mph in 4.6 seconds0.2 second quicker than the original twin-turbo 135i. The remainder of the package is classic 1-series: fatigue-proof, adjustable-bolster sport seats; a perfect driving position; great brake feel; a deliciously thick-rimmed miniature steering wheel; and a stubby, accurate shifter."
The final bit (and in it an obvious slam of the new drier reihe):
"The 1-series is the last car that BMW engineered before the Germans, as a car-making culture, fell out of love with driving. The 3-series, which used to make so much more sense than the 1, is now a perfectly nice car that barely registers on the fun-to-drive scale. Like most new German cars, it focuses too much on electronics and the eventuality of a driverless future. It errs toward isolation where BMW's have traditionally favored refinement and engagement. It offers more in the way of electronic cockpit gadgets than feedback.
Most disturbing of all, Munich seems to have walked away from the very thing responsible for its success: the compact sports sedan. Right when Audi and Mercedes-Benz are about to jump into the market with the upcoming A3 and CLAboth of which are intriguing in spite of being front-wheel driveBMW has nothing compelling to offer.
The 135is and the cars that came before it explain why BMW means more, to more enthusiasts, than any other brand. The Bavarians could slap sedan- and wagon-shaped four-door bodies on this car, call it the new 3-series, and it would easily remain the best car on the road for another decade."
Haven't driven, nor had the desire to drive the F30 since it's grossly outgrown me and has simply gone in a different direction than I aspire to head.
But for one...............it's high praise of the retro dynamics found in the one series DNA.............as well as a telling statement when rags continue to state you essentially now have to look forward to the past to find the genie in the bottle that made the marque special.
I'm not as down and out on the marque as the article's author. I still think there is hope the upcoming 2 series will rouse and revive this sleeping giant.
But in the meantime, my one series brothers and sisters should continue to enjoy driving your "compact coupe with tubby rear-wheel-drive proportions"......................with accurate and .........communicative steering".
The path to God is clear, and it takes us to the cross.
great post here.hopefully i can grab one before its out of eop
Makes me regret that I have to sell my 2013 135i convertible...
The E82 definitely is underappreciated isn't it...
2016 340i xDrive EB MPerf
Plus 18 other BMWs since 1971..
Traded my 2007, 6-speed 335i convert for a 2010 135i coupe with manual 6-speed. Car hequipped with BMW performance exhaust, sport package etc I added Dinan stage one tuning. WOW! This is a very fast car! My 335i was a fast car-but not this fast! Try a 135i coupe-add BMW exhaust and Dinan stage one-makes you want to take the long senic route with the curves every time!(I live in Monterey Ca)
The latest issue of Bimmer Magazine had a much better and three page write up.
1970 Morris Cooper S * 2008 BMW 135i Coupe * 2008 BMW 128i Cabriolet * 2003 BMW 525i Touring * 1995 BMW M3 Coupe
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Jon Favreau Stirs Up Chef
He's considering an indie comedy
These days, Jon Favreau is better known as the director of big budget, large-scale movies such as the first two Iron Man entries and Cowboys & Aliens. Yet he got his megaphone start on the likes of Made, and it appears he's ready to dip back into the indie kitchen with Chef.
According to Variety, he's still in talks to write, direct and star, and no deals have been made yet. If he does lock in the job, he'll play an emotional chef running a Los Angeles restaurant.
There's already a project with a similar title that has Omar Sy and Bradley Cooper interested bubbling away on the development burner, but it's not known if this is the same film. From the synopsis, it sounds like a different beast altogether.
Favreau has been trying to develop his next film as a director for a while now, working up an adaptation of the Jersey Boy**s** musical, only to leave when he couldn't get Warner Bros. to give it the greenlight. He's also got Magic Kingdom simmering away at Disney. If Chef comes together, chances are he'll make it his next film so he can get one moving at last.
Acting-wise, he's back on our screens as Happy Hogan in Iron Man 3 and will be seen in Martin Scorsese's The Wolf Of Wall Street, which arrives in November across the pond, but has yet to set a UK date.


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STAMFORD, Conn. -- Stamford Police said a local man was crushed to death Monday, March 10, when a pickup truck he was working on fell and pinned him underneath, according to the Stamford Advocate.
A witness spotted the man under the truck and told his girlfriend, the story said. Friends arrived and were able to jack the truck off of the victim, but he was already dead, the Stamford Advocate reported.


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|Soda Cool Maker
Tirupati Enterprises
|Soda Dispensers
|Taprite Dispensers
|Carbonation Tanks
|Imported Croma Tap
|Direct Drive Rotary Vane Pump
Soda Maker
Product Details
We are manufacturing and supplying Soda Maker. These high capacity maker are fabricated in compliance with the set industry standards. Our range of soda maker can be utilized for medium and large scaled beverage dispensing requirements in food courts, restaurants, hotels and other suitable areas.


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West Ham United co-owner David Sullivan believes the club must aim to finish in the top six.
The east London club battled with relegation for most of last term, but ultimately climbed to 13th by the end of the campaign.
Sullivan wants the Hammers to set their targets high and match his own ambitions ahead of the new season.
"You can't just look to stay up," Sullivan told The Mirror. "It is not acceptable to our supporters to say, 'We've survived. We've had a very good campaign.'"
He continued: "Our supporters are realistic. They know it is a huge and difficult task to break into the top six, but we must be aiming for that even if we don't achieve it."


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'Wolverine' Shreds The Box Office
So there's this new movie called Wolverine…and it's kind of a big deal.
The fourth X-Men flick, featuring a huge and hunky Hugh Jackman, hauled in $87 million this weekend ($160 worldwide) to make it the year's biggest box office opening so far. The film made $35 million on opening day.
Coming in at second place was Ghosts of Girlfriends Past, a romantic comedy featuring Jennifer Garner and Matthew McConaughey. The film raked in $15.3 million, and MTV is reporting that exit polls suggest that the 70% female audience were wives and girlfriends of the men who saw Wolverine.
Readers, did you check out Hugh Jackman at the movies this weekend? Let us know your thoughts on the movie in the comments section!


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In the largest operation of its kind in the San Fernando Valley, 240 federal agents on Friday rounded up 29 foreign nationals belonging to more than a dozen gangs that prey on the immigrant community, officials said.
The early morning raids by Immigration and Customs Enforcement agents in the Valley and surrounding communities were part of the agency's Operation Community Shield, a nationwide crackdown on transnational criminals.
In a similar series of raids last month, ICE arrested nine foreign-born members of the Langdon Street gang - operating in the North Hills area, said Robert Schoch, special agent in charge of the ICE office of investigations in Los Angeles.
While only two of the 29 people arrested Friday face criminal charges apart from being in the country illegally, authorities said many of those detained had criminal histories.
"The key thing is to recognize we're dealing with people with criminal histories," Schoch said. "They're really threatening our immigrant communities."
Friday's effort, with LAPD officers serving as off-site backup in case of trouble, targeted 90 individuals who are documented gang members living in the country illegally.
Some are accused of committing spousal abuse and property crimes, while others have ignored deportation orders, Schoch said.
Of the 29 arrested, one was a woman and three were "collateral arrests," or people not directly targeted in the sting. Agents said they are labeling those three as gang associates.
About 25 percent of those targeted Friday are legal residents who have forfeited their right to remain in the country by committing crimes, Schoch said.
The top three gangs targeted Friday - the Vineland Boys, Barrio Van Nuys and Canoga Park Alabama - also yielded the most arrests. In addition to the San Fernando Valley, ICE agents made arrests elsewhere in Los Angeles and in Palmdale.
They would not give a breakdown of where the 29 arrests took place and specific details of each arrest but the crackdown comes after ICE agents set up a special task force earlier this year to work with LAPD detectives and gang officers in the Valley.
Agents regularly comb through Los Angeles County gang databases to identify illegal immigrants. ICE agents said while the LAPD might offer intelligence on gangs, ICE officials decide which individual offenders to go after.
"The process is looking at anybody who is foreign-born and involved in gang activity," Schoch said.
Drops in gang crime
The LAPD has credited the efforts with drops in gang crime in areas such as the Northeast Valley.
"There is a misnomer that criminals are somehow getting a pass, that their immigration status is not of interest to law enforcement. It is," said LAPD Deputy Chief Michel Moore, the Valley's highest-ranked policeman.
Operation Community Shield was launched by immigration officials in February 2005. Under the program, agents have arrested more than 5,000 gang members and associates nationwide from 500 different gangs. About one-quarter of those were arrested on criminal charges. The remainder faced deportation.
In Los Angeles, there have been more than 800 arrests made under Operation Community Shield, with about one-third of those criminal arrests, Schoch said.
In Friday's sweep, two of the 29 will face criminal charges including Jorge Torres, 32, an alleged member of the Project Boys.
Torres, who has been convicted of drug charges and assault on an officer, has been deported five times. He's facing federal charges for re-entry after deportation, a felony that carries a maximum sentence of 20 years in prison.
Moore said that although officers work with immigration officials, the LAPD follows Special Order 40, a policy prohibiting the police from inquiring about a witness's or suspect's immigration status.
Still, immigration advocates say the relationship is too cozy.
"The LAPD has to be mindful of what kind of message it's sending out," said Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles.
"If they are doing high-visibility operations, in highly immigrant-populated communities and they are seen with ICE, the message that comes out is police work with immigration," Salas said.
"That means for some, `(If) I talk to police, I talk to immigration.' They are alienating the people they are protecting."
Enforcing laws
Salas said many immigrants complain that ICE agents identify themselves as "police" when they knock on doors, instead of saying they are immigration agents who have the power to deport them.
ICE officials say they're not required to identify themselves specifically unless they are serving a search warrant. There were no search warrants served in Friday's raids.
The raids come amid growing pressure to enforce laws against the 12 million foreigners living illegally in the United States.
Earlier this week, immigration officials announced the arrests of 1,300 illegal immigrants in Southern California, its largest operation targeting criminal immigrants and those who defied deportation orders.
Across the country, immigration officials have been raiding homes and workplaces, including McDonald's restaurants and meatpacking factories.
As Congress has failed to pass comprehensive immigration reform, advocates on both sides of the issue have made their presence known.
Here in Los Angeles, Judicial Watch, a conservative group, sued the LAPD last year, challenging Special Order 40.
In the pending lawsuit, the group maintains that the LAPD is spending taxpayer money to enforce a harmful policy.
It cites a case in which officers were prevented from asking the immigration status of a Mexican national motorist who later committed two robberies and tried to rape a woman in front of her 5-year-old son.
(818) 713-3329


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Hi All
I have the following scenario and I need your valuable inputs solve my problem
I am using Oracle 10g version and I have a database created and it contains around 9 tables and 25k records, as per my current requirement I need to add few more columns in the existing tables and those new columns are going to be filled with contents from multiple languages (as of now Chinese and English). I went through Oracle 10g globalization guide and I understood that, for my requirements I need to add my new columns with data types of either NVARCHAR or NCHAR.
With my about understanding I created the following table and tried to insert some Chinese characters as follows but its now coming as expected and Im getting inserted only ???? in my table columns
Please find below the list of my actions
>create table Employee(EmpId varchar(255), EmpName NCHAR(255));
>insert into Employee(EmpId, EmpName) values('280129','彭俊睦');
>select * from Employee;
280129 ¿¿¿
>insert into Employee(EmpId, EmpName) values('28018',N'彭俊睦');
>select * from Employee;
280129 ¿¿¿
28018 ¿¿¿
When I run the select * from v$nls_parameters; query Im getting the following data
NLS_LANGUAGE ---------à SIMPLIFIED CHINESE
NLS_TERRITORY---------à AMERICA
NLS_CURRENCY---------à $
NLS_ISO_CURRENCY---------à AMERICA
NLS_NUMERIC_CHARACTERS---------à .,
NLS_CALENDAR---------à GREGORIAN
NLS_DATE_FORMAT---------à DD-MON-RR
NLS_DATE_LANGUAGE---------à SIMPLIFIED CHINESE
NLS_CHARACTERSET---------à WE8ISO8859P1
NLS_SORT---------à BINARY
NLS_TIME_FORMAT---------à HH.MI.SSXFF AM
NLS_TIMESTAMP_FORMAT---------à DD-MON-RR HH.MI.SSXFF AM
NLS_TIME_TZ_FORMAT---------à HH.MI.SSXFF AM TZR
NLS_TIMESTAMP_TZ_FORMAT ---------à DD-MON-RR HH.MI.SSXFF AM TZR
NLS_DUAL_CURRENCY---------à $
NLS_NCHAR_CHARACTERSET---------à AL16UTF16
NLS_COMP---------à BINARY
NLS_LENGTH_SEMANTICS---------à BYTE
NLS_NCHAR_CONV_EXCP---------à FALSE
Please let me know what Im doing wrong, and help me to solve this problem.
Waiting for your update
With Regards


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|Jeffs Earn First Win, Top Eastern Conn., 11-6
Jeffs Earn First Win, Top Eastern Conn., 11-6
March 21, 2006
Amherst scored the first four goals of the game en route to a 10-1 lead, but saw the advantage slowly slip away as ECSU rallied to net five of the last six in the contest, the first meeting between the two schools. Seven players cracked the scoring column for the Jeffs, however, making the gap too wide for the upset-minded Warriors to bridge, as Amherst held on for the win.
Senior Preseason All-America long-stick midfielder Andrew Wilcox (Brooklyn, NY) scored a pair of goals for the Jeffs, while fellow senior quad-captain Kevin Boova (Summit, NJ), junior Chris Hofmann (New Canaan, CT), sophomore Will Ferrer (Greenwich, CT) and rookies Brett Miller (Wantagh, NY) and Matt Himler (Manhasset, NY) each found the back of the net once. Ferrer also added a pair of assists.
Rookie netminder Matt Pietroforte (Brooklyn, NY) tallied 14 saves, while ECSU's Kyle Savage stopped 13 Jeff shots.
Amherst returns to action on Saturday, March 24 at Trinity College at 1 p.m.
|Amherst College > Athletics > Archives > 2005-2006 > Men's Lacrosse > Jeffs Earn First Win, Top Eastern Conn., 11-6


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Mysterious Fort of Bhangarh
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Bhangarh Fort is the only "Legally Haunted" location recognized by the Indian Government. There is a signboard set by Archaeological Survey of India with specific instructions. ASI is a... More > Government of India Organization. The most common and prevailing legend about the city of Bhangarh goes like this: it is said that Bhangarh was cursed by the Guru Balu Nath. He had allowed the construction of the town on one condition, "The moment the shadows of your palaces touch me, the city shall be no more!" It is said that a descendant price did not believe in the story and he raised the palace to a height that cast a shadow on Balu Nath's forbidden retreat. When it happened, Balu Nath cursed the town of Bhangarh. Mysterious Fort of Bhangarh Copyright Chapter One: Introduction Chapter Two: Geographical Location Chapter Three: Prevailing Legends Chapter Four: More about Bhangarh Fort Chapter Five: Recent Adventures< Less
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LATE-PCR and Its Allied Technologies maximum Information from a Single Tube Application to Mitochondria
Conference Recording Jan 07, 2013
About the SpeakerLawrence J. Wangh, Ph.D. is a Professor of Biology at Brandeis University and director of the laboratory of Molecular Diagnostics and Global Health. He earned his B.A. at Brandeis University (1968) and his Ph.D. at Rockefeller University (1973) in Biochemistry. As a Helen Hay Whitney Postdoctoral Fellow, Professor Wangh studied developmental biology in the laboratories of John Gurdon (MRC Cambridge) and Jamshed Tata (MRC, Mill Hill). Professor Wangh joined the faculty of Brandeis University in 1977 where he did seminal work leading to the invention of whole animal cloning.
Novel diagnostic technologies developed at Brandeis University, including LATE-PCR, ThermalightTm Probes, and PrimeSafeTm have been used to construct a closed-tube triplex assay for simultaneous analysis of sequence variation in mitochondrial genes in cultured cells, before and after selection for hypoxia resistance. Each gene target is several hundred nucleotides long and displays a characteristic "fluorescent signature" in one color. This signature undergoes distinguishable changes in response to each nucleotide alteration in the target sequence. For this reason we call this approach Virtual Sequencing. Virtual sequencing is first used to analyze all of the mitochondria from many cells to establish the fluorescent signatures of the complex population. Next, the fluorescent signatures of individual cells are analyzed to establish whether there are high-frequency mitochondrial DNA mutations in cells before and after selection. Finally, individual mitochondrial molecules within single cell are analyzed to reveal the extent of heteroplasmy in a single cell. This is the first thorough, cost effective approach to analyzing mitochondrial genome heteroplasmy. It is suitable for analysis of mitochondrial genome changes due to pharmaceuticals, chemicals, high levels of glucose, aging and many other factors thought to damage or alter mitochondrial genes over time.
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University of British Columbia, Department of Electrical and Computer Engineering, 2332 Main Mall, Vancouver, British Columbia, V6T 1Z4 Canada
PolarOnyx, Inc., 470 Lakeside Drive, Suite F, Sunnyvale, California 94085
University of California, Irvine, Beckman Laser Institute, 1002 Health Sciences Road, Irvine, California 92617
* Address all correspondence to: Shuo Tang, E-mail: firstname.lastname@example.com
We implement a fiber-delivered compact femtosecond fiber laser at 1030-nm wavelength in multiphoton imaging. The laser pulse duration is 150fs, the average power is 200mW, and the repetition rate is 40MHz. The laser measures 200×160×45mm in size and its output is delivered through a photonic bandgap fiber. Intrinsic second-harmonic generation signal is excited from rat tail tendon and human skin samples. Two-photon excited fluorescence signal is obtained from human skin tissues stained with exogenous fluorophore. Our results show that femtosecond fiber lasers at 1030-nm wavelength have significant potential in developing compact, all-fiber-based, portable multiphoton systems and endoscopes.
Multiphoton microscopy (MPM), including two-photon excited fluorescence (TPEF) and second-harmonic generation (SHG), has become an important tool for high-resolution, noninvasive imaging of thick biological tissues.1- 3 In TPEF, fluorescence from endogenous or exogenous fluorophores is excited by two-photon absorption. SHG is a nonlinear scattering process where two excitation photons are converted into light that is half the wavelength (twice the energy) of the excitation source. TPEF and SHG imaging can provide complementary information about cellular and extracellular matrix structures.4
Recently there has been tremendous effort to develop compact multiphoton systems for in vivo imaging and clinical applications. In compact systems, femtosecond pulses from ultrafast lasers are coupled into double cladding photonic crystal fibers (PCFs)5- 7 or hollow core photonic bandgap fibers (PBFs).8- 9 Fiber-connected miniature scanning probes are developed to provide flexible access to tissues and acquire MPM images.8- 10 While the probes are becoming smaller and smaller, the sources that they have used are still the traditional solid-state Ti:sapphire lasers which are bulky, expensive, not portable, and require precise alignment.
Finding new ultrafast laser sources that are low cost, compact, and portable is expected to enhance the impact of MPM in research and particularly in clinical studies. Semiconductor lasers have been recently demonstrated for MPM imaging.11- 13 By frequency doubling a 1540-nm gain-switched semiconductor laser, Yokoyama et al. have developed a pulsed source with 5-ps pulse duration at 770-nm wavelength, and applied the source for MPM imaging of actin filaments in PtK2 cells.11 Using a gain-switched semiconductor laser, Taira et al. developed a 980-nm wavelength source with 3.5-ps pulse duration and obtained MPM images of mouse kidney tissues.13 The pulsewidth of those semiconductor lasers is limited to several picoseconds, which cannot excite MPM signals as efficiently as femtosecond pulses.
Recently, femtosecond fiber lasers have emerged as a promising compact light source for MPM applications.14- 16 Millard et al. used a 1560-nm wavelength femtosecond fiber laser for third-harmonic generation (THG).14 Unruh et al. applied a frequency doubled 1560-nm wavelength femtosecond fiber laser for two-photon fluorescence correlation spectroscopy (FCS).15 The 1560-nm femtosecond fiber lasers and their frequency doubled versions were still output into free space. Therefore, they lacked the capability of direct fiber delivery of femtosecond pulses from the laser sources.
Femtosecond fiber lasers at 1030-nm fundamental wavelength have not been reported in MPM applications. There are several advantages of using the 1030-nm wavelength for MPM. Exploring longer wavelength excitation for MPM can potentially reduce tissue scattering and increase imaging depth in turbid tissues. The 1030-nm wavelength band can be used to excite a large selection of fluorescent proteins and dyes that have been originally developed for confocal and fluorescence imaging.13,16- 17 Squirrell et al. showed that two-photon imaging using 1047-nm excitation wavelength maintained embryo viability over the long term.17
In this work, we introduce a compact short-pulsed, high-power, fiber-delivered femtosecond fiber laser at 1030-nm wavelength for MPM applications. The main advantage of using the fiber laser is the compactness of the laser source and fiber delivery of femtosecond pulses, which makes it an ideal source for developing compact and portable MPM systems. Such advantages are demonstrated by coupling the fiber laser to an MPM microscope system to provide excitation wavelength at 1030nm, and implementing the fiber laser in an all-fiber connected multiphoton spectroscopy system.
The femtosecond fiber laser (PolarOnyx, Sunnyvale, California) is composed of an oscillator that generates seed femtosecond pulses, and an amplifier that boosts the power to 200mW. In the oscillator, a high concentration Yb-doped PCF is used as the gain medium. A 980-nm pump laser pumps Yb ions for amplification of intracavity pulses. Passive mode locking is achieved through nonlinear polarization evolution in the slightly birefringent fiber laser cavity.18 Polarization filtering is through a fiber-based inline polarization isolator and polarization controllers inside the laser cavity. Amplification of the seed pulse is achieved by using a short piece of high concentration double cladding Yd-doped fiber pumped with another 980-nm pump laser. After the amplifier, a piece of PBF is used to compress the pulsewidth. The PBF can provide ∼−100ps∕nm∕km anomalous group velocity dispersion (GVD) to compress positively chirped pulses from the amplifier. The output fiber is terminated with an FC/APC fiber connector to deliver femtosecond pulses.
Figures 1 show the spectrum and autocorrelation trace of the laser output. The pulse duration is 150fs measured at the end of the output fiber, and the spectral bandwidth is 20nm, which brings the time-bandwidth product of the laser to be ∼0.8. The pulse is not transform limited, and the residue chirp is mainly due to higher order dispersion from the fibers. The laser output power is 200mW and pulse repetition rate is ∼40MHz. The fiber laser has a highly compact size of 200×160×45mm, including the oscillator, amplifier, and pump lasers.
Characteristics of the femtosecond fiber laser: (a) spectrum and (b) autocorrelation trace. The insertion shows a photograph of the packaged fiber laser.
Due to its compact size, the fiber laser can be conveniently coupled to any MPM microscope systems to provide excitation wavelengths at 1030nm. In our experiment, the output of the fiber laser is collimated and coupled into an MPM scanning microscope. Details about the MPM microscope can be found in Ref. 19. Figures 2 show the MPM images excited with the 1030-nm wavelength fiber laser. Figure 2 shows the backward SHG imaging of rat tail tendon where the collagen fiber bundles are observed. Figure 2 shows the TPEF imaging of the cross section (side view) of ex vivo human skin. The skin sample is stained with yellow-orange vital nuclear dye, and the cellular structure of the skin is captured by the TPEF imaging. In Fig. 2, the TPEF signal is mainly from the epidermis (outer) layer of the skin, which is cellular. The dermis (inner) layer shows little TPEF signal because it is mainly composed of an extracellular matrix. In this experiment, no dispersion compensation is applied to simplify the system design. Therefore, to minimize pulse broadening of the excitation light, a 10×(0.3NA) objective is used that has less dispersion than a high NA objective. The excitation power at the sample location is ∼20mW. The images have 256×256pixels, and the acquisition time is ∼6s/frame. Higher image resolution can be achieved by using a high NA objective and implementing dispersion precompensation to maintain short pulse at the sample location.
Multiphoton images excited with the femtosecond fiber laser. (a) SHG image from rat tail tendon. (b) TPEF image from ex vivo human skin stained with nuclear vital dye. The scale bar is 50μm.
To take full advantage of the fiber delivery of femtosecond pulses, the fiber laser is implemented in an all-fiber connected multiphoton spectroscopy system. Figure 3 shows the schematic of the experimental setup. Femtosecond pulses from the fiber laser are delivered to the tissue site by PBF. At the end of the PBF, the laser power is 200mW and the pulsewidth reaches the minimum of 150fs. Thus, MPM signal can be excited from the proximate area of the end of the excitation fiber. Signal collection is through a fiber bundle positioned next to the excitation fiber. The other side of the fiber bundle is coupled to a spectrograph (SpectraPro-150, Acton Research, Princeton Instruments, Trenton, New Jersey) with a grating of 300grooves∕mm blazed at 500-nm wavelength, followed by a cooled charge-coupled device (CCD) camera (NTE/CCD-512-EBFT, Princeton Instruments, Trenton, New Jersey). Figure 3 shows the spectrum of intrinsic MPM signal excited from ex vivo human skin without staining. A 5-s integration time is used. As shown by the solid line, a strong peak is observed at 515nm, which corresponds to the SHG signal excited by the 1030-nm wavelength. The strong SHG signal is excited from the dermis layer, composed mostly of collagen fibers. From the epidermis layer, very low SHG signal is observed, as shown by the dotted line. Due to the long excitation wavelength, very low autofluorescence is excited from the skin sample.
(a) Schematic of the MPM spectroscopy system using the fiber laser. (b) MPM spectrum excited from human skin. Solid line: spectrum from dermis layer; doted line: spectrum from epidermis layer.
Figure 4 shows the comparison of MPM imaging of human skin excited with 1030- and 800-nm wavelengths. The images are obtained using a Zeiss LSM510, where the laser source (Chameleon, Coherent, Santa Clara, California) can be tuned to 1030 and 800nm, respectively. A 40×waterNA=0.8 objective is used. The laser power before the objective is ∼15mW in both cases. For the SHG channel, bandpass filters of 500to530nm and 390to465nm are used for 1030- and 800-nm excitation, respectively. The TPEF channel is filtered with a 535to590-nm bandpass filter. Both images are collected in a backward mode. In Fig. 4, bright SHG but very low TPEF signal is observed when 1030-nm excitation is used. In Fig. 4, both SHG and TPEF signals are observed from the same sample when 800nm excitation is used. In Fig. 4, the TPEF signal shows in yellow, because the 390to465-nm filter also collects some TPEF signal in the SHG channel. In our study, only a gradual decrease in backward SHG intensity is observed when the excitation moves to longer wavelengths. From 800to1030nm, a ∼50% drop in the SHG intensity is observed, which can be compensated by increasing the laser power by 140%. Therefore, SHG imaging can be implemented using a wide range of laser wavelengths. Figure 4 also shows that the autofluorescence background is largely reduced when excitation moves to 1030nm. This property can be used to provide highly specific fluorescence imaging with no autofluorescence background when used together with exogenous fluorophores.
Comparison of MPM imaging of human skin using 1030- and 800-nm wavelength excitation. (a) Human skin excited by 1030-nm wavelength. (b) The same sample excited by 800-nm wavelength. SHG and TPEF are color coded in green and red, and the overlapping areas are in yellow. Scale bar is 50μm.
In conclusion, we have implemented a compact, all-fiber-based femtosecond fiber laser in multiphoton imaging and spectroscopy at the wavelength band of 1030nm. Optical pulses of 150-fs pulse duration, 200-mW average power, and 40-MHz repetition rate are generated by an all-fiber-based laser system and delivered by a photonic bandgap fiber. The fiber laser is incorporated with a scanning microscopy system to perform multiphoton optical imaging. Our results show that the femtosecond fiber laser can be used to excited intrinsic SHG signals from tissues, and TPEF imaging can be applied in combination with fluorescent staining. An all-fiber connected multiphoton spectroscopy system is developed to demonstrate the potential of femtosecond fiber lasers in developing all-fiber connected portable MPM systems. Overall, femtosecond fiber lasers at 1030-nm wavelength appear to have excellent potential in applications where all-fiber connected systems are needed, such as multiphoton endoscopes, where the fiber laser can be naturally integrated with a fiber optic probe.
This work was supported by NIH (RR01192) and Air Force Office of Scientific Research.
Shuo Tang ; Jian Liu ; Tatiana B. Krasieva ; Zhongping Chen and Bruce J. Tromberg"Developing compact multiphoton systems using femtosecond fiber lasers", J. Biomed. Opt. 14(3), 030508 (June 30, 2009). ; http://dx.doi.org/10.1117/1.3153842
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Notebook: Mississippi Gulf Resort Classic, Rd. 3March 24, 2013
By Dave Senko, Champions Tour staff
-- One year after having his bid for victory stifled here when Fred Couples birdied the 54th hole, Michael Allen made sure he didn't suffer the same fate this year. Closing with a final-round 5-under-par 67, he finished one stroke better than Bernhard Langer at Fallen Oak. Leading by one heading to No. 18, Allen missed a four-foot putt for par to drop back into a tie for the lead with Langer, who was two holes behind. Moments after Allen's miss, Langer bogeyed No. 16 after seeing his second shot plug in the bunker, giving the advantage back to Allen. Langer was unable to recover from the one error, giving Allen his fourth career win.
-- With his victory, Allen has now won four Champions Tour titles, including three in the last calendar year. This was his 63rd start on the Champions Tour.
-- Allen earned 240 points in the season-long Charles Schwab Cup race and moved into sixth place in the standings with 284 points. He also earned $240,000 and is now sixth on the current money list with $325,733.
-- Despite finishing second to Allen, Bernhard Langer moved back into first place in the season-long Charles Schwab Cup race with 658 points. David Frost is now second with 619 points and Rocco Mediate is third with 461 points.
-- With his T6 finish, David Frost has now posted eight consecutive top-10 finishes dating back to last year. During this stretch he has won twice and earned $1,008,000, an average of $126,000 per start.
-- Gene Sauers enjoyed his best finish on the Champions Tour when he claimed a T3 on Sunday. His previous best was a T8 at last year's Pacific Links Hawai'I Championship. It was also his best showing since he won the 2002 Air Canada Championship.
-- Defending champion Couples finished T12 after a closing-round 2-over 74.
-- Rocco Mediate closed with a 5-under-par 67 and finished T6. It was his fourth top-10 finish in as many starts since he joined the Champions Tour in February.
-- Russ Cochran rebounded from an opening-round 2-over-par 74 to post consecutive rounds of 67 on the weekend which led to a T3 finish, his best showing of the year so far.
-- Former PGA TOUR winner Brian Henninger finished T44 in his Champions Tour debut and John Inman finished T48 in his first start.
-- Allen Doyle (back) and Wayne Levi (shoulder) withdrew prior to the start of their final rounds.
-- Gary Hallberg one-putted 26 holes for the event with 11 of those on Saturday and 13 more on Sunday. Hallberg one-putted his final nine holes on Sunday. Hallberg had the fewest putts in the tournament (79), but finished last in greens in regulation (28 of 54/51.8%).
-- Bernhard Langer's streak of consecutive rounds par/better now stands at 21, dating back to the close of the 2012 season. It is the longest current streak on the Champions Tour.
-- Wind was again a factor on the scoring average with the field finishing with an average of 73.025 on Sunday. That was more than two strokes higher than Saturday's average of 70.667, but still shy of Friday's average of 73.617.
-- The most difficult hole for the event was No. 2 with an average score of 4.278 (+.278). There were just 17 birdies on the hole over the three rounds, including seven on Sunday. However, No. 16 was the most difficult on Sunday and there was just one birdie – Steve Pate. There were 38 bogeys and a pair of double bogeys on the hole. The easiest was No. 6 with an average of 4.614 (-.386).


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Machine to machine, or M2M, involves fitting out every device you can conceive of with a SIM card.
Telstra generated $80 million in revenues from M2M last year, an increase of nearly 16 per cent.
The telco has already signed a major deal with
Revenue models are still being figured out, but areas where M2M is expected to flourish in coming years include wearable medical devices and vehicles.
"This is a big one that we are investing quite heavily in at the moment," head of innovation and marketing
Ms McKenzie says the technology can boost productivity, particularly in "transport and logistics, anything that's relying on tracking what's happening to inventory or assets that you are not physically next to".
The Australian Financial Review


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Press Packer Josh and his mates got to meet Usain Bolt.
Here's his story:
"It's the beginning of a whole new decade.
But what will you remember from the past year?
One of my memories of 2009 will be meeting Usain Bolt when he ran the fastest 150m ever in The City of Manchester Games.
It took place on Sunday 17th May.
Kit carrying
Me, My sister, my teacher and some mates were kit carriers for the athletes.
It was pouring with rain and we got soaking wet, but that didn't matter at all.
Lots of famous athletes were there, and they all arrived in flash sport cars.
It was tiring, but after the races we received some goodies and got to meet some of the stars ourselves.
The stars we met
We met Marlon Devonish, Sonia O 'Sullivan, Haile Gabrelassie, Christine Ohurogu, Andy Turner and the amazing Usain Bolt!
I was exhausted afterwards, but it really was a day to remember!"
Josh, 11, Lancashire, England
Why don't you write us a Press Pack report - and get it published on the site!
It can be about anything that's happened in your local area - or your views on the news.


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Help me to find a job for three months in summer
Get new comments by email
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laia in Barcelona, Spain
97 months ago
Hi, I am a spanish girl and I am 21 years old. Next summer I want to come to NY for learning more english and work (three months more or less). I am very responsible and I am in my third year of university (I study economics) but I can work at whatever ( as a waitress, shop assistant, etc.) because my priority is to know your city and your people
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The Washington Nationals have been a great story this year. They've come out of nowhere to own baseball's best record and best pitching staff as well. They seem primed for a World Series run.
But hold on just a second. Coming off of Tommy John surgery, ace Stephen Strasburg has been on a strict 160 inning pitch limit this season. And as we approach the post-season, it is sounding more and more that he will not be on the active roster.
It's a tough call because he's so young and he has his entire career ahead of him and they don't want to over-exert him. But on the other hand, they are not guaranteed to ever be in this position again. If it were up to me, I'd probably roll the dice and let it ride.
It was reported on Friday that Stephen Strasburg's new innings limit for the season is 180. Bill Ladson of MLB.com has a source telling him that that is not accurate, and that there is not necessarily a magic number of innings. Rather:
The Nationals are expected to have right-hander Stephen Strasburg miss two or three regular-season starts, according to a baseball source.
Well enough. But here's the jaw-dropper:
The same source went so far as to say Strasburg will not pitch in the postseason once he is shut down.


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Research Assistant Training and Support
Research Assistants Program
Along with individual work study faculty research positions, the law school has a program for training a cohort of research assistants (RA). Each year a new group of RAs are invited into the program based upon the student's academic standing throughout his or her first year and the student's expressed interest. The Legal Research Center provides training for the RAs toward the end of the 1L Spring semester as well as support on an individual basis for every RA throughout the student's time as an RA.
RAs must apply for the program through the School of Law Office for JD Student Affairs, Contact: Assistant Dean for JD Student Affairs, Emily L. Scivoletto.
Spring RA Research Training Materials
- RA Training Overview: guidelines, forms, and procedures
- Using USD research tools
- Finding primary law
- Journal and article research
- Researching specific areas of law
- Watch the RA research training


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Paul G.wrote a review of Injinji Outdoor Quarter Crew Toe Sock- NuWool on January 24, 2011
16 Miles on the AT through MD
Just ran 16 Miles on the AT through Maryland yesterday. Temp was mainly in the low to mid 20s through the day with 2" of crusty snow on the ground. Montrail Mountain Masochist with these socks were a solid combo. Feet were toasty and healthy all day.


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Course Registration
Individuals who have been Accepted into the AOS for IBEW-NECA Electricians program can begin taking the 4 required courses through SUNY Delhi at any time. The four courses are usually offered on-line during the Fall Semester, Spring Semester, and Summer Session. Search for a course by choosing the semester in which the course will be taken. Completion of a simple online registration form is all that is required to enroll in a course as a part time student. Standard tuition for offered courses is listed in the cost summary chart on the IBEW homepage.
Contact the Technology Division Office at SUNY Delhi for registration assistance. Call 607-746-4070.
Online Learning
Vanko Hall is the student portal that all online classes are taken through. Learn more about Vanko Hall and participate in a brief online learning orientation session by visiting Getting Started with Vanko Hall
Graduation Requirements
After an accepted student has completed the 12 credits through SUNY Delhi, he or she can ask to be a Candidate for Graduation. The College will then review the applicant's accomplishments regarding the graduation requirements which are:
If these submissions are satisfactory, the student will be put on the College's "candidate for graduation" list. The College graduates students in December, May, and August. The applicant will be awarded the A.O. S. Degree in Electrical Construction and Instrumentation from SUNY Delhi and will receive a diploma approximate 6-8 weeks after the month of the official graduation.
Special Notes
For more information,
please contact:
SUNY Delhi Admissions
Misty Fields
Assistant Director of Admissions


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Big Brozzer is vatchingk you, and sees all! And I'll bet serious cash that someone commenting here will say two things-
First- "Anything that will make us safe is good no matter what rights we infringe upon, well, or at least if we infringe on that outmoded 2nd Amendment."
And second- "Unless you have something to hide, you shouldn't have a problem with this!"
To both I say "Sheeple of the world unite! You have nothing to gain but more chains." Safety is the last thing we should want as a species. Evolution requires danger. Danger is a necessary part of life. People who fail to ensure that they are capable of protecting themselves against danger cannot evolve. YES, I said it. Danger breeds growth. Without growth, we will stagnate.
Also note that yet again, the "law enforcement community" is vigorously attempting to circumvent the 4th Amendment in order to violate the 2nd amendment. And my guess is the courts will yet again support these Constitutional violations, statig you give implied consent by uising public streets or some such BS.


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John P. Miller
Pretty college coed Claire Parker (Lauren Currie Lewis) has been having a chilling recurring dream -- a horrifying vision in which vicious serial killer Duke Desmond (Chris Ferry) stalks and murders her. But is it a dream or a waking nightmare? With help from her boyfriend, Jimmy (Cody Darbe), and a private detective, Claire hopes to end the cycle so she can awaken unscathed in this creepy horror flick.


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Stocks discussed on the Lightning Round segment of Jim Cramer's Mad Money Program, Monday July 1.
Bullish Calls:
Walgreen (WAG), CVS Caremark (NYSE:CVS), Bed Bath & Beyond (NASDAQ:BBBY): "Walgreen is a good stock. CVS is cheaper, though. BBBY is a stock everyone has written off. It is coming back and is worth a great deal. Let it come in."
Dean Foods (NYSE:DF): "Is an inexpensive stock. I think it is still a good buy. Raw costs are coming down."
Five Below (NASDAQ:FIVE): "Yes, absolutely. Buy more."
Six Flags (NYSE:SIX), Cedar Fair (NYSE:FUN): "You should buy SIX. Let me throw in Cedar Fair. These went down, because people saw them as bond equivalents. That was a mistake. They are going higher."
Kodiak Oil & Gas (NYSE:KOG): "It is good. I like that little spec."
Celldex (NASDAQ:CLDX): "We like that stock. It is going much higher. We are sticking by it."
Bearish Calls:
Vale (NYSE:VALE): "My charitable trust owns this, and it is a veritable house of pain. This is like my not being able to garden. Brazil and iron is twice the pain. I can't sell it for the trust, because it is too low."
Pengrowth Energy (NYSE:PGH): "I do not recommend those. It might be too low to sell. I don't like the Canadian trusts. This has accounting problems. I don't want to deal with it."
EMC (EMC), Oracle (NYSE:ORCL): "I'm in the don't buy camp for EMC. Management said things are better than expected and things are really good, and now it is down substantially. That means sell. I'm also selling Oracle. These must be cleaned out of your portfolio."
Jim Cramer's Action Alerts PLUS: Trade right alongside a Wall Street pro! Start your 14-day FREE trial today.
Get Cramer's Picks by email - it's free and takes only a few seconds to sign up.


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Key events
Register for and participate in the NSW Premier's Reading Challenge.
Join a reading adventure! rap anytime.
17 to 23 August
CBCA Book Week: Book of the Year Short List, Crichton Short List. Use Rap activities to celebrate Book Week.
24 August
Join The Reading Hour in libraries, bookshops and other special places.
The National Year of Reading 2012 was a wonderful initiative. Many of these great ideas promoting books, reading and literacy continue to flourish with the Love2read project. Partners and supporters include public and school libraries, government, the media, schools, publishers, booksellers, employers and many others.
Visit the official love2read website for more information.


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Tag: euthanasia
Following on from Cashis' previous single Get Loose, the Shady Records recording artist has released another single to the fans called "9 Six Shit". With the release of the two singles in quick succession, it makes you wonder whether his project "Euthanasia" is finally ready to be released. You can listen to Cashis – 9 Six Shit on the player below.
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Category: Music


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All content on Lab Tests Online has been reviewed and approved by our Editorial Review Board.
The Test Sample
What is being tested?
Glomerular filtration rate (GFR) is a measure of the function of the kidneys. This test measures the level of creatinine in the blood and uses the result in a formula to calculate a number that reflects how well the kidneys are functioning, called the estimated GFR or eGFR.
Glomeruli are tiny filters in the kidneys that allow waste products to be removed from the blood, while preventing the loss of important constituents, including proteins and blood cells. Every day, healthy kidneys filter about 200 quarts of blood and produce about 2 quarts of urine. The GFR refers to the amount of blood that is filtered by the glomeruli per minute. As a person's kidney function declines due to damage or disease, the filtration rate decreases and waste products begin to accumulate in the blood.
Chronic kidney disease (CKD) is associated with a decrease in kidney function that is often progressive. CKD can be seen with a variety of conditions, including diabetes and high blood pressure. Early detection of kidney dysfunction can help to minimize the damage. This is important as symptoms of kidney disease may not be noticeable until as much as 30-40% of kidney function is lost.
Measuring glomerular filtration rate directly is considered the most accurate way to detect changes in kidney status, but measuring the GFR directly is complicated, requires experienced personnel, and is typically performed only in research settings and transplant centers. Because of this, the estimated GFR is usually used.
The eGFR is a calculation based on a serum creatinine test. Creatinine is a muscle waste product that is filtered from the blood by the kidneys and released into the urine at a relatively steady rate. When kidney function decreases, less creatinine is eliminated and concentrations increase in the blood. With the creatinine test, a reasonable estimate of the actual GFR can be determined.
Different equations may be used to calculate eGFR. The following two are most common and require a person's blood creatinine result, age, and assigned values based upon sex and race.
- Chronic Kidney Disease Epidemiology Collaboration (CKD-EPI) creatinine equation (2009)—recommended by the National Kidney Foundation for calculating eGFR in adults
- Modification of Diet in Renal Disease Study (MDRD) equation—some laboratories continue to use this equation
The results reported using one equation versus the other will not be identical but should give a healthcare practitioner similar information.
A different set of CKD-EPI calculators was published in 2012. These equations use the result of a cystatin C test. (For more on these, see Common Questions #7.) There is also a modified equation for people 18 and under that takes the blood urea nitrogen (BUN) level into consideration along with the factors listed above.
How is the sample collected for testing?
A blood sample is taken by needle from a vein in the arm. Depending on the formula used, a person's age, sex, race, height, and weight may also be needed.
NOTE: If undergoing medical tests makes you or someone you care for anxious, embarrassed, or even difficult to manage, you might consider reading one or more of the following articles: Coping with Test Pain, Discomfort, and Anxiety, Tips on Blood Testing, Tips to Help Children through Their Medical Tests, and Tips to Help the Elderly through Their Medical Tests.
Another article, Follow That Sample, provides a glimpse at the collection and processing of a blood sample and throat culture.
Is any test preparation needed to ensure the quality of the sample?
This test uses a blood creatinine level to calculate a result. You may be instructed to fast overnight or refrain from eating cooked meat; some studies have shown that eating cooked meat prior to testing can temporarily increase the level of creatinine.