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The Longest Winter
Is Fast Fashion Finally Out of Style?
With big retailers closing locations and customers flocking to boutique brands, shopping habits may be changing for good
March 9, 2021 November 8, 2021 - by Laura HensleyLaura Hensley
Illustration by Rachel Joan Wallis, Updated 9:44, Nov. 8, 2021 | Published 15:54, Mar. 9, 2021
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Before COVID-19 shuttered retailers across the country, Montreal-based shoe brand Maguire was selling dozens of pairs of buttery leather heels each day. But, with office goers stuck at home and events cancelled for the foreseeable future, those sales have since come to a halt. "I've barely sold a pair of heels in almost two months," says co-founder Myriam Maguire.
Boots, however, tell a different story. In a regular year, half of Maguire's sales come from winter footwear. Since the start of the pandemic, the company has seen a 25 percent increase in boot sales alone. Popular styles—"Rachel" and "Cortina," both lined with sheepskin—have already sold out multiple times. Instead of restocking once, as Maguire normally does, she's placed seven reorders with her suppliers.
Outerwear has always been ingrained in Canadian identity, but investing in high-quality items hasn't necessarily been top of mind—especially for city dwellers. During past winters, when the bulk of socializing took place in cozy bars, restaurants, or our living rooms, it was a lot easier to get away with wearing a pea coat and a pair of unlined boots. Now that our lives and sources of entertainment have moved outdoors, we're starting to rethink the way we dress—both in terms of functionality and sustainability.
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Since the start of winter, Toronto-based outerwear company Wuxly has been sharing photos of snow-covered trails on Instagram, reminding Canadians that "outside is still open!" Beatrix Eng, Wuxly's PR and communications manager, says that the performance factor of winter wear is now a huge priority for shoppers. "If you don't have a durable winter coat that will actually protect you from the elements, you're not going to be outside for very long," she says. "People are looking for an investment piece and not necessarily looking for trends. They want something that they can wear for a very, very long time."
As interest in made-in-Canada boutique retailers grows, the world of fast fashion has, inadvertently, been brought to a reckoning. According to consulting firm McKinsey & Company's The State of Fashion 2021 report, the global sector predicted an estimated 93 percent drop in profit in 2020 compared with the year prior, and brands with massive retail footprints have permanently closed down many of their bricks-and-mortar stores. Just two months into the pandemic, Aldo filed for bankruptcy protection and, in an attempt to trim some of its debt, will close more than 40 percent of its Canadian locations. Like those of so many other multinational companies, most of Aldo's products are produced offshore (mainly in China). When malls closed down, revenue plummeted and the cost of paying retail rent became too much.
At the same time, the overseas factories that supply single-season clothes to fast-fashion chains lost billions of dollars through cancelled orders and unpaid contracts—despite the fact that many of the items were already made and ready to be sold. An accountability campaign called #PayUp demanded that major players in the corporate world—including Lululemon, H&M, and Zara—settle their debts so workers could be paid their wages. As more of those big-box stores closed down, it seemed like people were finally starting to pay attention to where their clothing was coming from. Now, changing appetites threaten the very foundation fast-fashion brands are built on, and homegrown designers have everything to gain.
According to Toronto stylist and creative consultant Elaine Jyll Regio, Canadians have altered their consumer habits over the past year: we're buying less, we're becoming more conscious of brands and their manufacturing practices, and as a result, we're more willing to spend on quality items. The 2020 Conscious Fashion Report by online retailer Lyst notes that, since the beginning of last year, there has been a 37 percent increase in searches related to sustainable clothing. "When you're producing something locally and selling locally, you have better control over how your product impacts the community and environment," Regio says.
Maguire, which was founded by sisters Myriam and Romy Maguire in 2016, is upfront about where and how its shoes are made. It lists "transparency pricing" on its website, which breaks down the prices of materials, manufacturing, shipping, and the company's own overhead. Unlike larger brands that produce mass quantities of products that often need to be ordered months in advance, Maguire orders smaller batches of its designs each season from factories in Italy, Spain, Portugal, and Canada. Its business model not only helped prevent excess stock during last year's lockdowns but also allowed it to quickly pivot once the pandemic hit and consumer desires shifted.
Premium winter-jacket brand Quartz Co, whose designs start at $700, found itself in a similar situation. The company was largely business-to-business, selling wholesale from Quebec to retailers in places like France, Germany, and Japan. Last year, it quickly changed gears to focus on selling directly to consumers, focusing the majority of its marketing budget on Canadian customers. Francis Guindon, Quartz Co's head of marketing, says that, since most people can't travel right now, they have more disposable income. "[They think], 'What should I do? I'm stuck in my place with my family and it's winter. Everything is closed, so we're going to go outside and play and do outdoor sports,'" he says. "The winter-jacket industry is a good place to be in right now."
The fact that Quartz Co makes all its products in Canada is both a selling point and a logistical benefit when trying to run a business during a pandemic. Manufacturing locally, Guindon says, has helped avoid any production bottlenecks and has given the company more ability to ensure that all of its products are up to standard.
According to Guindon, not only has Quartz Co seen an increase in jackets sales but customers also started shopping for winter gear earlier in the season than in years prior. Last fall, to keep up with demand, Quartz Co opened its first retail space, in Montreal, where customers could prebook shopping appointments to comply with social-distancing regulations. "It was a big exercise of rethinking the way we're doing business," says Guindon. "The wholesale part of it still is super important . . . but the direct-to-consumer side is a new thing for us, and it's working really well. I think people understand more now that buying locally is not just about helping your neighbour. It's like: you actually have to do this to make sure your country is doing well."
Of course, the price point of made-in-Canada goods—especially higher-end ones—is not accessible to everyone. That is especially true for the more than 60,000 Canadians who lost their jobs last December alone. But the consumer desire to buy local is poised to grow as the economy rebounds. It's a trend we've already started to see in the past few months as a handful of new local fashion companies—like Toronto-based loungewear brand Body of Work and sustainable mask line Gotcha Covered—have opened for business. According to a November survey by the Retail Council of Canada, 90 percent of Canadians acknowledge the importance of buying from local retailers.
Regio says she doesn't see a quick return—even after stores reopen—to frivolous spending on fast fashion. "How we dress reflects, internally, how we feel," says Regio, adding that, right now, we're craving things that make us feel warm and comfortable to help us cope with the changes brought about by COVID-19. Some of those changes have been undeniably challenging, but others, like the recalibration of our shopping habits, could benefit the local retail landscape for years to come.
Back at Maguire, Myriam has noticed that people are buying less. It may seem counterintuitive, but it has worked in her favour. "People have realized that they don't need to buy five or ten pairs of shoes a year," she says. "They prefer to [support] companies that produce better quality and have realized that, with their money, they have power."
Laura Hensley
Laura Hensley (@LolaHensley) is a Toronto-based lifestyle journalist. Her work has appeared in Global News, Refinery29, Flare, Toronto Life, Chatelaine, the National Post, MTV, and Fashion Magazine.
Rachel Joan Wallis
Rachel Joan Wallis is an Ottawa-based illustrator.
Taggedeconomyfast fashioninstagramlistenshoppingsustainable fashionwinterwear
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Analysis: Based on factual reporting, although it incorporates the expertise of the author/producer and may offer interpretations and conclusions.


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Het tennistoernooi van Rosmalen van 1997 werd van 16 tot en met 22 juni 1997 gespeeld op de grasbanen van het Autotron Expodome in de Nederlandse plaats Rosmalen, onderdeel van de gemeente 's-Hertogenbosch. De officiële naam van het toernooi was Heineken Trophy.

Het toernooi bestond uit twee delen:
 WTA-toernooi van Rosmalen 1997, het toernooi voor de vrouwen
 ATP-toernooi van Rosmalen 1997, het toernooi voor de mannen

1997
Rosmalen

redpajama_set_name: RedPajamaWikipedia


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The rates of tuberculosis cases overall and of cases due to recently acquired tuberculosis infection in San Francisco have declined significantly in recent years, due to the effects of more intensive control measures.
A new study identifying the trend, led by researchers from the University of California, San Francisco, is reported in the new issue (June 15) of Annals of Internal Medicine.
The study is the first analysis using methodology called molecular epidemiology--which combines DNA fingerprinting techniques and conventional epidemiology--to track the disease within a defined population and then to determine the effect of interventions designed to halt tuberculosis. Covering 1991-97, the study examined the rate of TB cases overall within the City and County of San Francisco as well as rates within high-risk groups, such as persons infected with HIV.
"We found that the intensified TB control measures established in the early 1990s in San Francisco were associated with a decrease in TB case rates and in the rate due to recently acquired infection," said lead investigator Robert M. Jasmer, MD, UCSF assistant professor of medicine who treats patients in the Division of Tuberculosis Control at San Francisco General Hospital Medical Center.
Study findings showed annual TB rates decreased from a high of 51 per 100,000 persons in 1992 to 30 per 100,000 in 1997. The rate of cases due to recently acquired TB infection--known as clustered cases because these persons have identical strains of the TB bacteria--decreased per 100,000 from 10 in 1991 to 4 in 1997.
Caused by the organism Mycobacterium tuberculosis, TB is a chronic bacterial infection that usually causes disease in the lungs but also attacks other organs. It is spread through the air when a person with active TB disease of the lungs or larynx coughs and infected droplets are inhaled by others into the lungs.


It's is something we've been hearing about for weeks now: a number of news outlets have carried the story of what literally could be described as rashes of unidentified luminescent objects, seen hovering in the skies near the border between the Asian countries of India and China. While theories exist, news outlets (particularly in India) have seemed to indicate that the country's military is concerned about the presence of these objects, and what their true origin may be.
Others, however, have put forth the claim that these objects are simply mundane appearances of "Chinese Lanterns" (a famous, and very convenient "explanation" issued for the majority of UFO reports that emerge in recent years). But could there be something more to the stories of odd lights we've been hearing of in recent weeks? Are they truly the mere result of some mundane phenomenon, or might there be evidence of some technological presence present here?
Andy and his company watched the object for a period that he believed could have been well over an hour, and although they observed it continuously during this period, never leaving the area where they had been when it first appeared, Andy nonetheless described this event as one of the most frightening experiences of his life. The object drifted more or less slowly overhead for a long while, and had at this point been observed for a long period of time; then, suddenly, the craft purportedly moved very quickly toward one end of the horizon, only to remove itself just as quickly to the other, beginning an erratic ascent in zigzag fashion, before propelling itself forward in a straight line at tremendous speed. According to Andy, the craft's line of flight, paired with itstremendous speed, gave the appearance that its path had managed to visibly follow the curvature of the Earth itself.
As the Indian military has already surmised, are the appearances of craft like these really something secretive the Chinese have been hard at work perfecting, or is there another explanation? Author Mack Maloney argues in his book UFOs in Wartime that sightings of unidentified craft tend to increase during times of conflict; if indeed a case can be made here, this might lend itself to the sudden prevalence of UFOs near the Chinese border with India. But their underlying purpose in such tense airspace is nonetheless curious… should it be viewed a concerning, just as well?


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I have read the speech prepared by my noble and learned friend Lord Millett. For the reasons which he gives I would dismiss the appeal.
I have had the advantage of reading in draft the speech of my noble and learned friend Lord Millett. I agree that for the reasons he gives this appeal should be dismissed. I too prefer to keep open for another occasion the question whether a partnership can be automatically dissolved by an innocent partner or partners treating the other partner's or partners' breach as repudiatory. That question does not call for decision in the present case.
I have had the advantage of reading in draft the speech which has been prepared by my noble and learned friend Lord Millett. I agree with it, and for the reasons which he has given I too would dismiss the appeal.
I have had the advantage of reading in draft the speech of my noble and learned friend Lord Millett and I agree, for the reasons which he gives, that the appeal should be dismissed.
It sometimes happens that a partnership is dissolved following a fundamental breach of the partnership agreement by one or more of the partners. The question in this appeal is whether the innocent partner or partners are thereby discharged from all further liability to contribute to the debts and obligations of the partnership, whether accrued at the date of dissolution or accruing thereafter.
Mr. Hurst has been in practice as a solicitor since 1975. In 1986 he joined a firm of solicitors by the name of Malkin Cullis & Sumption ("M.C.S.") as a salaried partner. The firm carried on practice from Inigo House, Covent Garden, London W.C.2 ("Inigo House"). On 1 June 1989, following a merger with five of the partners of another firm by the name of Janners, M.C.S. changed its name to Malkin Janners. On the same day Mr. Hurst joined the firm as an equity partner on the terms of a partnership deed dated 3 May 1989. There were 20 partners in all.
3.1 The Partnership Business shall be carried on under the firm name of 'Malkin Janners' and the principal places of business shall be at Inigo House, 29 Bedford Street, Covent Garden, London WC2E 9RT and additionally or alternately at such other place or places as the Partners may from time to time determine ('the Partnership Premises').
3.2 The Partnership Premises shall be held by the Partners as Partnership Property and the cost of all rent, rates, repairs and insurance and other outgoings and expenses relating thereto or to any other property acquired for the purpose of the Partnership Business shall be borne by the Partnership.
3.3 The legal estate in all freehold or leasehold property acquired for the purpose of the Partnership (including the leasehold property referred to in Clause 3.1) shall be vested in the Partners upon trust for sale or in some of the Partners as trustees for all the Partners and the net proceeds of sale and the rents and profits until sale shall form part of the Partnership assets and the Trustees shall be entitled to be indemnified by the Partnership against the rent and all outgoings in respect of the said property and the costs and expenses of observing the covenants relating thereto."
Clause 3.3 merely set out in terms what would be the legal position in the absence of express agreement. Malkin Janners was not the same firm as M.C.S. by a new name. It was a new partnership with new partners who included Mr. Hurst. It took over King Street as well as Inigo House and assumed liability for the rent of both properties. By becoming a partner in Malkin Janners Mr. Hurst acquired a beneficial interest in both leases and became jointly with his fellow partners liable for the rent.
By the Spring of 1990 relations between the partners had deteriorated to such an extent that several of them were actively considering giving notice of retirement with a view to moving elsewhere. At a partners' meeting in July 1990 all five former Janners partners indicated their intention to serve notices of retirement. During August all the remaining partners except one served such notices to take effect on 31 May 1991. Mr. Hurst was among those who served notice. Had these notices been allowed to take effect, the firm would have been dissolved on 31 May 1991.
It was clear that the firm had no future. By September most of the partners were in agreement that it would not be possible to continue the partnership until the following May. Steps were put in hand to bring about its earlier dissolution. Staff were given notice. On 4 October 1990 all Mr. Hurst's fellow partners entered into an agreement ("the dissolution agreement") to dissolve the partnership on 31 October 1990. Under the terms of the dissolution agreement five of the partners would form a new firm under the name Malkins with effect from 1 November 1990; Malkins would carry on practice from Inigo House; Malkin Janners would assign Inigo House to Malkins; and any continuing liabilities in respect of King Street would remain the responsibility of the partners of Malkin Janners.
Mr. Hurst was invited to sign the dissolution agreement but refused to do so. The judge (Carnwath J.) described his attitude as unrealistic. On 2 November 1990 Mr. Hurst informed his partners that he regarded their conduct in entering into the dissolution agreement as a repudiatory breach of the partnership agreement which he had had no alternative but to accept with effect from 31 October 1990. He had already accepted an offer to become a partner of D. J. Freeman, and he joined that firm on 5 November 1990. Other partners moved to other firms.
It is obvious that the partnership did not survive these events, and it is common ground that, if it was not dissolved with effect from 31 October 1990 (as Mr. Hurst alleges) by his acceptance of his partners' repudiatory breach of contract, it was dissolved with effect from that date by mutual consent.
A Steering Committee was formed to wind up the firm's affairs. Mr. Hurst attended occasionally and received some of the papers, though not all of them. The partners in Malkins duly took over Inigo House and assumed responsibility for the tenants' obligations under the lease. They paid no premium for the lease because it was considered to have no value. There had been a substantial fall in property values since the rent for King Street had been negotiated at the end of 1988, and it proved impossible to dispose of the property or to sublet it except at a rent considerably below the rent payable to the landlord. It has been sublet but remains undisposed of to this day. There is a continuing liability for rent.
In other respects the winding up of the affairs of Malkin Janners was completed without difficulty. An interim dissolution account was prepared by the firm's accountants. It contained no entries in relation to Inigo House or King Street. It has still not been possible to produce a final account because of the continuing liability in respect of King Street. The interim account showed a small sum slightly in excess of £4,000 to be due to the firm from Mr. Hurst.
Mr. Hurst began these proceedings against his former partners in 1992. His main object was to avoid the continuing liability under the King Street lease. To this end he alleged that the partnership had been dissolved by his acceptance of his partners' repudiatory breach of contract and sought a declaration that he was thereby discharged from any obligation to contribute to the liabilities of the firm as they stood at 31 October 1990 or as they accrued thereafter. In addition he asked for a general partnership account to be taken by the court. The defendants counterclaimed for payment by Mr. Hurst of his share of the partnership liabilities.
In 1993 the landlord of King Street brought proceedings for arrears of rent against the four partners in whose name the lease had been taken. They in turn brought third party proceedings for contribution against their former partners including Mr. Hurst. By his third party defence Mr. Hurst denied liability on the grounds (i) that any trust which might have been created by clause 3 of the partnership deed had come to an end on 31 October 1990; (ii) that the claimants' right to contribution was entirely dependent on clause 3.3 of the partnership deed; and (iii) that he was discharged from all obligations under the partnership deed with effect from 1 November 1990 by reason of his acceptance of his partners' repudiatory breach of contract.
Although the defendants denied that their conduct in entering into the dissolution agreement constituted a repudiatory breach of the partnership deed, the judge found that it did and his conclusion was unanimously upheld by the Court of Appeal. There has been no further appeal to your Lordships' House from this finding or from the underlying assumption in both courts below that it was this which brought about the dissolution of the partnership.
The judge exercised his discretion by refusing to order the taking of a general partnership account, and in this respect also the Court of Appeal unanimously upheld his decision. As the judge pointed out, it would be very unusual for the court to order a complete audit of the firm's accounts to be undertaken by an independent accountant. Where, as in the present case, detailed accounts had already been prepared by competent accountants, these would normally form the basis for any further accounts and inquiries. Any partner would have the right to surcharge and falsify the accounts, but the burden would be upon him to do so.
In the present case the only significant dispute concerned King Street and Inigo House. Mr. Hurst challenged the terms on which Inigo House had been transferred to Malkins, but it was incumbent upon him to show that the lease had a value which was not realised by the disposal. He failed to do so. The judge found that the lease was regarded as burdensome and its acquisition by Malkins was a matter of intense negotiation with the other partners. There was no evidence that any group of partners obtained any special advantage at the expense of the others. There were a number of groups with different interests and the arrangements with Malkins were the result of hard bargaining between them. Mr. Hurst adduced no valuation evidence, and the judge concluded that he would not be justified in ordering an account on the speculative chance that there might be some additional value in Inigo House, which had not been taken into account.
Mr. Hurst's main contention was that his partners' repudiatory breach of the partnership agreement discharged him from all further obligations under the partnership deed. These included his obligation to contribute to the liabilities of the partnership which had accrued prior to its dissolution as well as to those which continued to accrue thereafter. The judge rejected both contentions. He held that partnership liabilities which arose prior to dissolution remained liabilities of the partnership as a whole notwithstanding the repudiatory breach of contract and consequent dissolution. Mr. Hurst's responsibility for his share of those liabilities depended, not on the continuation of the partnership, but on the fact that he was a partner at the time they were incurred. The same principles, he reasoned, applied to the continuing liabilities accruing after dissolution which resulted from transactions entered into prior to dissolution. It made no difference that the partnership was brought to an end by repudiation rather than by agreement. Mr. Hurst was, therefore, liable to contribute to the rent due in respect of King Street accruing after as well as before the dissolution of the partnership. The judge dismissed the action and granted a declaration on the counterclaim that Mr. Hurst was liable to pay his share of the partnership liabilities, including continuing liabilities for rent. His decision was upheld by a majority of the Court of Appeal (Simon Brown and Peter Gibson L.JJ., though for different reasons). Hobhouse L.J. (now Lord Hobhouse of Woodborough) dissented.
Mr. Hurst now appeals to your Lordships' House. He has succeeded in settling the dispute with 11 of the defendants. Another is believed to be insolvent. Accordingly only seven of the original defendants remain as respondents to the present appeal. These include the 19th defendant, a Mr. Trepass, who has been separately represented before your Lordships.
"When a party to a simple contract, upon a breach by the other contracting party of a condition of the contract, elects to treat the contract as no longer binding upon him, the contract is not rescinded as from the beginning. Both parties are discharged from the further performance of the contract, but rights are not divested or discharged which have already been unconditionally acquired. Rights and obligations which arise from the partial execution of the contract and causes of action which have accrued from its breach alike continue unaffected."
This passage has been expressly approved by your Lordships' House: see Johnson v. Agnew  A.C. 367, 396 per Lord Wilberforce; and Bank of Boston Connecticut v. European Grain and Shipping Ltd.  A.C. 1056, 1098-1099 per Lord Brandon of Oakbrook.
The doctrine of accepted repudiation is of general application in the law of contract, and there is no reason why it should not apply to an agreement to enter into partnership or to the contractual obligations which the partners mutually undertake to observe after the partnership has come to an end. But I have considerable doubt that it can be employed to bring about the automatic dissolution of the partnership itself.
The use of the doctrine for this purpose would certainly be unhistorical. In its modern form it is of relatively recent origin. There appears to be no trace of it before Freeman v. Taylor (1831) 8 Bing. 124, and it was not fully understood until much later. Of course, it had long been recognised before then that the refusal or inability of one party to perform his part of the bargain should immediately excuse the other party from performing or preparing to perform his part. As Williston on Contracts, vol. 1, 3rd ed., pointed out, the reason why the plaintiff must ordinarily have performed his contract in order to recover is that the mutual performances in a bilateral contract are given in exchange for one another, and if the exchange fails on one side the other party may likewise decline to perform. Before the middle of the 19th century, however, the common law treated the innocent party as discharged from further performance, not because the other party had committed a breach of contract, but because he had failed to perform a condition precedent to the obligation of the innocent party. Even where what was relied on was a breach of contract, therefore, the critical question was whether the parties' contractual obligations were mutually interdependent or independent. The question whether there has been a mutual discharge of reciprocal obligations can arise only in a bilateral context.
Where one party was in breach of contract, the voluntary exercise by the innocent party of the right to refuse to perform his part of the bargain was usually described as "bringing the contract to an end" or "rescinding" it, with the result that he could not also claim damages for the breach. This fallacy was exposed by Bowen L.J. in Boston Deep Sea Fishing and Ice Co. (1888) 39 Ch. D. 339, 365 and by Holmes C.J. in Daley v. Peoples Building Association (1901) 178 Mass. 13. But it persisted until modern times, particularly in the Chancery Division: see Henty v. Schroder (1879) 12 Ch. D. 666 and the cases which followed it down to Barber v. Wolfe  Ch. 187 and Horsler v. Zorro  Ch. 302. It was not finally laid to rest until Heyman v. Darwins Ltd.  A.C. 356 and (in relation to sales of land) Johnson v. Agnew  A.C. 367. The failure to distinguish between discharge by breach and rescission ab initio has led many courts astray and continues to do so.
It is impossible to say whether the modern contractual doctrine of accepted repudiation might have infiltrated the law of partnership if partnership had been treated as merely a particular species of contract enforceable in the common law courts. Disputes between partners and the dissolution and winding up of partnerships, however, have always fallen within the jurisdiction of the Court of Chancery. This is because, while partnership is a consensual arrangement based on agreement, it is more than a simple contract (to use the expression of Dixon J. in McDonald v. Dennys Lascelles Ltd); it is a continuing personal as well as commercial relationship. Neither during the continuance of the relationship nor after its determination has any partner any cause of action at law to recover moneys due to him from his fellow partners. The amount owing to a partner by his fellow partners is recoverable only by the taking of an account in equity after the partnership has been dissolved: see Richardson v. Bank of England (1838) 4 My. & Cr. 165: Green v. Hertzog  1 W.L.R. 1309. Only the Court of Chancery was equipped with the machinery necessary to enable such an account to be taken, and the basis upon which the account was taken reflected equitable principles. These could be modified by agreement, but they did not find their source in contract.
The basic principles of partnership law are set out in the Partnership Act 1890 ("the Act"), which was drafted by Sir Frederick Pollock and is still in force today. It codified (though not exhaustively) the law of partnership and reflected the pre-existing principles of equity which had been developed by the Court of Chancery. These did not include the contractual doctrine of repudiation. It is noticeable that section 1 of the Act, which defines the concept of partnership makes no reference to contract. It defines partnership as "the relation which subsists between persons carrying on a business in common with a view of profit."
Given this history, it is not surprising to find that until recently there was no recorded case of the automatic dissolution of a partnership being brought about by the acceptance of a repudiatory breach of contract, and no indication that this is a ground of dissolution in the Partnership Act 1890 or (except to doubt it) in successive editions of Lindley on Partnership over a period of more than 100 years. Generations of Lord Chancellors in the 18th and 19th centuries would have failed to recognise the concept. Thereafter, if the judges of the Court of Chancery had recognised the concept at all, it is likely that they would have rejected the idea that the dissolution of a partnership at the instance of one partner, however wronged, and against the wishes of his fellow partners can be withdrawn from the discretion of the court and left to the unilateral decision of the innocent partner.
Repudiation as a ground of dissolution first saw the light of day in Hitchman v. Crouch Butler Savage Associates (1982) 80 L.S.Gaz. 550, where Harman J. treated as axiomatic the proposition that the doctrine of repudiatory breach applies to partnership agreements as it applies to other contracts. The question, however, is not whether the doctrine applies to the contract of partnership, but whether it operates to bring about the automatic dissolution of the partnership relationship.
This is much more doubtful. In the first place, the Act expressly states the circumstances in which a partnership is dissolved (expiry of a fixed term or termination of the adventure or undertaking, notice, bankruptcy or death of any partner, supervening illegality or order of the court). It makes no mention of repudiatory breach of contract. It is true that a partnership may also be dissolved by mutual agreement, and it may be objected that this is not mentioned either; but in fact it is catered for by section 19 taken in conjunction with section 32(a). This cannot be relied on to support the admission of an accepted repudiation as an automatic ground of dissolution. The theory that a repudiatory breach of contract is an offer to terminate the contract which can be accepted by the offeree, thereby bringing the contract to an end by mutual consent, is discredited. The contract is brought to an end by the exercise of a right conferred by law on the parties to the contract from the outset, not by virtue of a new agreement between them.
"wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably practicable for the other partner or partners to carry on the business in partnership with him."
It is difficult to envisage a case in which conduct of this description would not constitute a repudiatory breach of contract which the party suing could accept by bringing proceedings.
Even if this brought about the automatic dissolution of the partnership, it would not follow that paragraph (d) was altogether empty of content. It would not be needed where there are only two partners, but it would still be needed where there are more than two partners and there is at least one partner who is innocent of any wrongdoing and who does not accept the repudiation. It would also arguably be needed even in a case like the present where there are numerous partners who fall into only two camps, those who are alleged to have committed a repudiatory breach and those who claim to have accepted it. What is there to bring the contract to an end as between the parties who are in the same camp? It is noticeable that the Act expressly provides that the death or bankruptcy of any partner operates to dissolve the partnership as regards all the partners. The contractual doctrine applies to multiparty as well as to two party contracts, but it merely effects the mutual discharge of reciprocal obligations. It necessarily operates bilaterally as between each party in breach and each party accepting the breach as repudiatory by discharging them from their reciprocal obligations. It is difficult to see how it can operate to discharge the parties in the same camp, whether guilty or innocent, from the obligations they owe each other. This can only be achieved by agreement.
This would lead to a very odd distinction between those (few) cases where dissolution was automatic and those cases where it was not. To my mind, however, the strongest argument against admitting repudiatory breach as a further ground for the automatic dissolution of a partnership is that, wherever applicable, it would circumvent the discretionary power of the court under section 35. Even where the plaintiff establishes conduct on the part of his fellow partners which comes within section 35(d), the court is not bound to order a dissolution. This reflects equitable principles, but is in sharp contrast to the approach of the common law.
By entering into the relationship of partnership, the parties submit themselves to the jurisdiction of the court of equity and the general principles developed by that court in the exercise of its equitable jurisdiction in respect of partnerships. There is much to be said for the view that they thereby renounce their right by unilateral action to bring about the automatic dissolution of their relationship by acceptance of a repudiatory breach of the partnership contract, and instead submit the question to the discretion of the court. For a similar principle in a different contractual context see Johnson v. Agnew  A.C. 367, 399 per Lord Wilberforce.
The courts below, however, found that the dissolution of the partnership was brought about by the acceptance by Mr. Hurst of his partners' repudiatory breach of contract and not by mutual agreement. That finding, and the assumption on which it is based, have not been challenged before your Lordships. In these circumstances I am content to proceed on the basis of the same assumption while reserving for future consideration the question whether it is correct.
When a partnership is dissolved, its affairs must be wound up. This is the responsibility of the partners themselves. There is no provision for it to be undertaken by an office holder, though any of the parties can apply to the court for the appointment of a receiver if this is necessary to preserve the partnership assets.
To enable the partners to wind up the affairs of the partnership, section 38 of the Act provides that after the dissolution of the firm the authority of each partner to bind the firm, and the other rights and obligations of the partners, continue notwithstanding the dissolution as far as may be necessary to wind up the affairs of the firm and to complete transactions begun but unfinished at the date of dissolution, but not otherwise. Thus each of Mr. Hurst's fellow partners had authority to negotiate for the disposal of the partnership premises or to instruct the partnership accountants. They did not need his consent to dispose of Inigo House, though he had the right, as I have explained, to challenge the terms on which they disposed of it by surcharging the account. Likewise the firm's liability for the rent of King Street and its obligation to indemnify the persons (whether partners or not) in whose names the lease was vested will continue until the lease is disposed of and the affairs of the partnership are finally wound up.


Dr. Christian Policard, Member of the Board of BioPontis, is chairing a workshop entitled: Content, Finances and Governance of Public-private Collaborations Around the World at the 2016 BioFit conference taking place in Lille, France at the Lille Grand Palais on November 30 and December 1. More than 1000 delegates from over 30 countries are expected to attend this major biotech conference.
In addition, our Chairperson of the Board, Erik Tambuyzer, PhD, will be a panelist and discussing BioPontis, its academic and patient partnerships as well as funding. Other participants in the workshop are Dr. Michael Rossbach, Advisor to BioPontis and Johan Cardoen, Director of VIB, along with 11 additional international participants from France, Singapore, United States, Switzerland, Belgium, Israel and Germany.
The workshop is scheduled to take place on November 30th from 14:00 to 17:15 PM in Room Artois 1.


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Q: Slow jobs on Sidekiq In my application I have a job which makes several database queries (mysql) to recalculate certain fields of a model. (A kind of counter_caches).
Launching individually these methods take about 10 seconds to finish, but when done by sidekiq take about 180 seconds.
The current configuration is a concurrence of 20 and the configuration of the pool in the database.yml is also 20.
I tried adding another instance of sidekiq, and the times are kept around 180 sec, but of course, twice as many jobs are executed simultaneously.
Is there anything I'm not considering? Is it normal for this to happen?

redpajama_set_name: RedPajamaStackExchange


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Home » John Lewis & Partners » Distribution and Warehouse
Agency Warehouse Work
Distribution and Warehouse Jobs
Distribution is about getting the right stock, to the right place, at the right time. In a company the size of ours it's no mean feat, but join our distribution operation and you'll be helping to put the smiles on our customers' faces all over the country.
John Lewis Distribution is separated into two main environments. These are our National Distribution Centres (NDCs) which are large operations that distribute to our whole business. Stock is received into the business from suppliers, held and then distributed either directly to our shops or to our smaller, Customer Delivery Hubs.
Our Customer Delivery Hubs (CDHs) are smaller operations that distribute locally to shops or directly into our customers' homes. Stock is received from the NDCs which is then passed on locally.
The backbone to our distribution network is our warehouses. We have seven warehouses across the country, including our state-of-the-art semi-automated warehouse at the Magna Park Campus near Milton Keynes. This has recently expanded and now occupies over 1 million square feet. Here we deliver household, fashion and electronic goods to our customers, as well as our stores, sending out smaller items from our vast array of brands.
Distribution and Warehouse opportunities
We're looking for individuals who want to become part of a world-class team of Partners. The roles include full and part time hours, working across 24 hours a day, 7 days a week. There can be flexibility around working hours and pay will depend on performance and experience. Discover more about our wide range of distribution centre jobs below.
Help to promote, develop and deliver outstanding customer service as a crucial member of our warehouse team. Not only will you support all of our channels, you'll become a brand ambassador for the Partnership and get involved in all of the key duties. These include receiving and storing products, picking individual branch orders, loading goods onto trailers and making sure the right products go to the right stores.
Within this role, you will:
Handle stock going into and out of the warehouse
Unload vehicles and manage branch orders
Maintain high levels of housekeeping standards
If you're a passionate individual who enjoys working as part of a team, and can also handle goods with efficiency and accuracy, then you'll be right at home. You should be motivated to drive your own self-development using all available resources to achieve success.
Apply now to join us as a Warehouse Assistant.
In addition to part-time warehouse roles and Warehouse Supervisor jobs, we offer exciting management opportunities. If you enjoy taking responsibility for business success, building relationships powered by the Partnership's principles and creating real influence over working lives, then a management role within our warehouse team could be the perfect career path for you. Discover more about how you could join us below.
Warehouse Section Manager jobs
Could you lead and motivate your team to get stock to where it needs to be while maintaining an efficient operations process? You'll not only develop key relationships with Partners, but you'll also empower our people to take ownership for their own operational success and personal development.
What will I do as a Warehouse Section Manager?
Plan operational resource for daily and weekly requirements
Maintain communication between stakeholders
Ensure all Partnership channels remain effective
If you can combine self-motivation and hard work with inspiring and motivating others to maximise their potential through effective coaching and feedback, then you'd be a great fit for this role. You should not only encourage a culture of safe working practice, but you'll fully embrace the Partnership's unique working culture.
Apply now to join us as a Warehouse Section Manager.
Warehouse Operative Jobs
As a Warehouse Operations Manager, you'll provide the strong leadership needed across the warehouse operations department. You'll be given full responsibility and accountability for managing our warehouse operation and lead Partners, managers and temporary labour.What will I do as a Warehouse Operative?
Support the current and future warehousing strategy across the business
Deliver exceptional customer service while remaining cost-effective
Manage warehouse space to receive and distribute cases to branches and other customers
You'll be a great fit for us if you're results orientated, cost and deadline driven, while also a confident communicator both in a team and one-to-one environment. Not only should you possess strong organisational and planning skills, but you'll also be capable of leading a team and developing others' skills and capabilities.
Apply now to join us as a Warehouse Operative.
Stock Controller Jobs
Our positions within stock management are varied – we have a range of inventory management jobs and inventory control jobs at the Partnership. As a Stock Partner within this department, you should have a strong grasp on all stock related activities and ensure these are carried out efficiently and accurately.What will I do as a Stock Controller?
Conduct stock management activities such as stocktaking and stock investigation
Support all operational areas, providing guidance on accuracy issues
Liaise with other Partners such as Section Managers and the Distribution Planning team
This role requires a high level of attention to detail and accuracy. This would best suit someone who has energy, enthusiasm, inquisitiveness, tenacity and can come up with simple solutions to complex issues. As you'll be analysing and questioning data streams, you should enjoy analytical work and figures.
Apply now to join us as a Stock Controller.
What training and development will I receive at the Partnership?
We're committed to providing first-class training and career progression opportunities to all of our Partners. Find out more about how we'll support you. In addition, we offer a number of industry-leading benefits such as an annual bonus, discounts in our stores and subsidised facilities.
Apply now for Distribution and Warehouse opportunities with John Lewis & Partners
You'll find a wide range of full and part-time, temporary and permanent Distribution and Warehouse vacancies available throughout the UK.
See our latest Distribution and Warehouse opportunities at John Lewis & Partners below. Apply now.
See our current Distribution and Warehouse jobs
Prefer Agency Warehouse Work?
Latest John Lewis opportunities
Chef De Partie – Leckford
Stockbridge – Leckford Estate
£20600 – £27000
Ambleside – Ambleside Park
Chef de Partie – Odney Club
Cookham – Odney Club

redpajama_set_name: RedPajamaCommonCrawl


Housebuilder Barratt will return to pre-tax profit for the year to 30th June 2011, the first time it has achieved a full year profit since 2008.
In a trading update to the city today, the housebuilder said it will record a pre-tax and exceptional profit of £40m for the year, although tax and the cost of its refinancing will drive to an overall marginal loss.
Clare said Barratt, which will report completions of 11,171 homes in its full year results in September, said that he expected to increase completions by a further 5-10% next year, at the same time increasing the operating margin. This would be achieved by "keeping on opening outlets," Clare said.
The operating margin for the second half of Barratt's financial year reached 7.8%. Clare said an increase in the rate of cancellations in the year, from 18% to 20%, was due to "probably coming out of the blocks a little over-enthusiastically" after Christmas, when selling conditions picked up, rather than any change in the availability of mortgages.


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Francesc Godia i Sales, conegut com a Paco Godia (Barcelona, 21 de març de 1921 – 28 de novembre de 1990) fou un pilot de Fórmula 1 català. Ell i Joan Jover van ser els primers catalans a debutar a la Fórmula 1. També fou un gran col·leccionista d'art. La seva col·lecció es mostra actualment al Museu Fundació Francisco Godia, al carrer Diputació de Barcelona. A més, va serI l'oficial més jove de l'exèrcit de Franco, tenia 16 anys quan es va allistar.

Trajectòria esportiva
Francesc Godia va debutar ocupant la dissetena posició a la graella de sortida del Gran Premi d'Espanya de 1951 celebrat en el circuit de Pedralbes (Barcelona) el 28 d'octubre, al volant d'un Maserati 4CLT/48 i va poder finalitzar en el desè lloc final.

Va participar de nou en el Gran Premi d'Espanya de 1954, també a Pedralbes, amb un Maserati 250F, finalitzant sisè.

El 1956, com pilot semioficial de Maserati, va finalitzar en novena posició del Mundial, amb 6 punts, després d'haver aconseguit la quarta plaça en els Gran Premi d'Itàlia a (Monza) i Alemanya (Nurburgring), setè al Gran Premi de França (Reims) i vuitè en el GP d'Anglaterra (Silverstone).

El 1958, Paco Godia va abandonar la Fórmula 1, després de l'accident que va sofrir en el Gran Premi de França en el circuit de Reims, després de fer novè en el GP d'Argentina. En total va participar en 14 Grans Premis i va obtenir un total de 6 punts.

Com a pilot de carreres, Paco Godia encarnava la figura del gentleman driver dels inicis de l'automobilisme esportiu.

Es va retirar de la competició l'any 1969, després de disputar algunes curses amb l'Escuderia Montjuïc, però va continuar vinculat al món de l'esport del motor. La seva influència va ser decisiva per la construcció del Circuit de Catalunya.

Palmarès a la Fórmula 1
 Curses disputades:14
 Punts pel campionat de pilots: 6
 Millor classificació en un G.P.: 4t (Alemanya '56 i Itàlia '56)
 Millor classificació al mundial de pilots: 8è (1956)

Referències

Enllaços externs
 Fundació Francesc Godia

Pilots de Fórmula 1 barcelonins
Col·leccionistes d'art barcelonins
Morts a Barcelona
Enterrats al Cementiri de Montjuïc


Dr. McKeehan is an associate at The Brattle Group with experience working on tax controversy cases involving transfer pricing and debt/equity classification. She received her Ph.D. in Economics from Rice University, where her research focused on the economic effects of taxation, with an emphasis on personal and capital income taxation. Prior to graduate school, Dr. McKeehan worked as an analyst at Entergy Services, Inc.
This brief addresses the arguments for and against source-based capital income taxation, focusing on the factors that countries must balance in thinking about the extent to which they should rely on a corporate income tax as a significant source of revenue.


Breaking the grip of discrimination!
Madhusudana Rao wasn't going to let the circumstances of his birth limit him.
Born a Dalit, the lowest of castes, the "outcasts" in India, he lived in desperate poverty. His entire family worked hard, doing difficult physical labor, walking miles a day, so that he and his brother could get an education.
Now he and his family are No Longer OutCastes. He's an amazing example of how millions in India have been lifted from poverty and are breaking the grip of discrimination.
"How India's Caste System Survives"
"Female can also be a "karta," says Delhi HC"
"The Tragic Truth About India's Caste System"
This was a great video to connect my students and my classroom Pyramid of Success. We made the connection that with hard work and motivation to want to accomplish your dreams you can achieve anything you set your mind to.
As usual, another high quality film from Izzit. This generated a lot of interest and discussion in my class since most of my students didn't have any idea that a caste or class system like this one still existed. In general, they all thought it was a backward, outdated system but were able to relate it to a number of other policies throughout history, such as slavery or arranged marriages, that simply are unfathomable to most of my middle class, American students. Keep up the great work.
This is one of my new favorites. It explains the culture in another country without judging and shows how hard work and taking initiative can make a difference.
As always, Izzit provides quality materials about economics in interesting and thoughtful ways.
Great video on the status quo of the caste system in India.
I love this video. I show it every year when we study Ancient India.


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Social Platform Pulling for Ukraine: Japan *RERUN
Okamoto Hiroki is the founder of a unique new social media platform that is now working to assist those affected by the ongoing conflict in Ukraine. Launched in January 2022, Omusubi Channel promotes exchange between Japan and the world through culturally themed video livestreams from 84 countries and regions. The site is now leveraging the power of social media to help provide a stable income for those caught up in the conflict, as well as assisting Ukrainian streamers in evacuating to Japan.
Omusubi Channel carries culturally themed livestreams from around the world, such as this Ukrainian streamer making Japanese dishes
Omusubi Channel helped Ukrainian streamer Tetiana Dozhuk evacuate to Japan, also providing accommodation and covering daily expenses
Omusubi Channel founder Okamoto Hiroki visits an evacuee center in Ukraine's neighbor, Poland


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Elemento estrutural é cada uma das partes diferenciadas ainda que vinculadas nas quais pode ser dividida uma estrutura para efeitos de seu projeto. O projeto e cálculo destes elementos é feito de acordo com os princípios da engenharia estrutural e a resistência dos materiais.

Referências

 Popov, Egor P., Engineering Mechanics of Solids, Prentice Hall, Englewood Cliffs, N. J., 1990, ISBN 0-13-279258-3
 Monleón Cremades, Salvador, Análisis de vigas, arcos, placas y láminas, Universidad Politécnica de Valencia, 1999, ISBN 84-7721-769-6.

Engenharia estrutural


It's a bird! It's a plane! No....it you!
IFly in Hollywood is a great activity that the whole family can enjoy where you go and...well, fly!
After mustering up that final bit of courage, you will step inside a wind tunnel where a column of air will push you up and allow you to soar! The activity is very safe, using the most experienced company and superior technology, so you can always ensure the safety of your family.
You do not need any previous experience, as the training classes will ensure you understand all the basics of what to do, and understand all the gear you are provided. If the idea of skydiving scares you, then this is perfect because you won't have any sensation of falling, and there is no jumping involved. Each flight lasts about 60 seconds, with the entire first time flyer experience lasting just over an hour.
Anyone over the age of 3 can have a turn, and there are some weight restrictions. All you have to worry about is not smiling too hard!
All those days you wished for the superpower to fly, you finally get your wish!
Familydaysout were invited to IFly and had a fantastic time.
Adults: From $59.95 for first time flyers.
Children: From $59.95 for first time flyers.
Vary - Call for info!
Why not hold a birthday party up in the air! "What are you doing for your birthday?" "Flying"...sounds like a great idea!
Flying can have that affect on someone! There are a number of restaurants, as well as a food court, right next to IFly so you will have a great selection to choose from.
IFly is a great way for students to learn hands on the science, math and engineering behind IFly - learning about mass, drag, and terminal velocity. No experience is necessary and a unique idea for a field trip. There are different programs available for different school years.


Povidone iodine swabsticks are a first aid antiseptic that prevents skin infection by killing sensitive bacteria. You may use the medical swabsticks to treat minor wounds such as cuts, scrapes, and burns. You may also use them to prepare the skin prior to a surgery.
BuyMedical offers wholesale swabsticks supplies with a low price guarantee. We can provide high-quality medical swabsticks in bulk for retail consumers, making sure they come at low cost and fast shipping.
Get in touch with our knowledgeable customer service to look for specific products or to place an order for povidone iodine swabsticks.


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§ 5235. Action on the Claim for Refund.
Article 3. Claims for Refund
(a) Once a claim for refund has been reviewed, the assigned section will recommend that the claim be:
(1) Granted in its entirety.
(2) Granted in part and denied in part.
(3) Denied in its entirety.
(b) If the assigned section recommends that a claim be granted in its entirety, it will:
(1) Send the taxpayer a notice of refund showing the amount to be refunded (subject to the Deputy Director approval requirements of section 5237, if applicable); and
(2) Have a refund warrant prepared and sent to the taxpayer after determining if such amounts should be credited or offset against other liabilities as provided in section 5238.
(c) If the assigned section recommends that any claim be denied in whole or in part, it will send the taxpayer a letter containing its recommendation and an explanation of its reasons for making such recommendation. The letter will also advise that, unless the taxpayer makes a written request to the assigned section within 30 days of the date of the letter for an appeals conference or Board hearing, the taxpayer's claim for refund will be resolved in accordance with the assigned section's findings, subject to Deputy Director approval pursuant to section 5237, if applicable.
(1) If the taxpayer submits a written request for an appeals conference or Board hearing within 30 days of the date of the letter and the request is not denied under section 5236, the assigned section will prepare a summary analysis which sets forth the taxpayer's contentions and the reasons the assigned section believes that the claim for refund should be denied, in whole or in part. The assigned section will then mail a copy of the summary analysis to the taxpayer and will forward the claim file to the Board Proceedings Division for the scheduling of an appeals conference in accordance with article 6 of this chapter.
(2) If the taxpayer does not submit a written request for an appeals conference or Board hearing within 30 days of the date of the letter or where such a request is submitted but denied under section 5236, the assigned section will, subject to Deputy Director approval pursuant to section 5237, if applicable, send the taxpayer a notice of denial of claim for refund denying the claim in whole or in part, as applicable.
Note: Authority cited: Section 15606, Government Code; and Sections 13170 and 32451, Revenue and Taxation Code. Reference: Sections 12977, 12978, 12981, 32401, 32402, 32402.1, 32404 and 32407, Revenue and Taxation Code.
2. Amendment filed 2-25-2014; operative 4-1-2014 (Register 2014, No. 9).
3. Amendment of subsections (b)(1), (c) and (c)(2) filed 2-3-2016; operative 3-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 6).
4. Amendment of Note filed 3-19-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 12). Pursuant to Government Code section 15570.40, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 9-17-2018 or emergency language will be repealed by operation of law on the following day.
5. Amendment of Note refiled 9-17-2018 as an emergency; operative 9-17-2018 (Register 2018, No. 38). Pursuant to Government Code section 15570.40, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 12-17-2018 or emergency language will be repealed by operation of law on the following day.
6. Amendment of Note refiled 12-17-2018 as an emergency; operative 12-17-2018 (Register 2018, No. 51). Pursuant to Government Code section 15570.40, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 3-18-2019 or emergency language will be repealed by operation of law on the following day.
8. Amendment of Note filed 3-19-2019; operative 3-19-2019. Submitted to OAL for filing and printing only. Exempt from the APA pursuant to Government Code section 15570.40(b) (Register 2019, No. 12).


Colourful sweats and hoodies will instantly update your wardrobe. Hoodies from UCLA Clothing are all about colour this season, choose basics in a range of shades to mix and match. The UCLA Burton hoodie features a slouchy drawstring hood and matching ties. Other features include: kangaroo pockets, ribbed cuffs and hem. The UCLA printed logo to chest completes the look.
About Me: 80% cotton 20% poly mix. Available colours: Blue and Grey.
Size & Fit: Image depicts: Size Large on 40" chest.
This style comes in a regular relaxed fit which fits true to size.


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Cardi B Delivers Inspiring 'Woman Of The Year' Speech In Yellow Power Suit At Billboard Event
Brandon Bernard: 5 Things To Know About Inmate Executed After Kim Kardashian's Pleas For Appeal
Kim Kardashian urged Trump to commute the sentence of prisoner Brandon Bernard, who instead was executed on December 10. Here's what you need to know about him.
UPDATE (12/11/20 01:25pm ET): Kim Kardashian reacted to Brandon Bernard's execution, which she called "so messed up," in this series of emotional tweets.
UPDATE (12/10/20 9:45pm ET): Despite so many pleas to spare his life, Brandon's execution has been carried out. The Supreme Court denied a last minute stay of execution and Brandon was put to death by lethal injection in a Terre Haute, IN federal prison on the evening of Dec. 10. It became the ninth federal execution of 2020, ever since the Trump administration reinstated federal executions in July after a 17-year moratorium. Brandon's execution also became the first to happen during a presidential lame-duck period in 130 years. Trump still has four more federal executions scheduled to take place before President-Elect Joe Biden is sworn in on Jan. 20, 2021.
Kim Kardashian is using her expansive platform for good once more, and calling on President Donald Trump to commute the death sentence of prisoner Brandon Bernard. Brandon, now 40, was given the death penalty in 2000 for a crime he committed as a teenager, and is set to be executed by lethal injection on December 10 after 20 years in prison. "Brandon Bernard, a 40-year-old father is going to be executed tomorrow by our federal government. Having gotten to know Brandon, I am heartbroken about this execution," Kim tweeted on December 9. "I'm calling on @realDonaldTrump
to grant Brandon a commutation and allow him to live out his sentence in prison." Here's what you should know about Brandon:
1. He was convicted in the grisly murders of Todd and Stacie Bagley in 2000. Brandon, then 18, took part in what was supposed to be the robbery of youth ministers Todd and Stacie Bagley in 1999. Brandon and another teenager, Terry Brown (then 17) split from the group as three accomplices decided to carjack the Bagleys and lock them in their trunk in Texas. The group's ringmaster, Christopher Vialva, insisted that the couple needed to be killed, and shot them. Brandon and Terry were told to get rid of the evidence and doused the car with lighter fluid.
Brandon said during his trial that he believed that they were both dead, but prosecutors said that Stacie was unconscious as the car burned. Despite being slightly older than his teenage accomplices, 18-year-old Brandon was given to the death penalty. Terry and Christopher Lewis, both 15, have already been released from prison. Tony Sparks, 16 at the time of the crime, will be released in 2030. Christopher Vialva was executed in September, two months after the Trump administration reinstated federal executions after a 17-year moratorium. Brandon will be the ninth execution of 2020.
2. But new evidence suggests that Brandon may not have killed Stacie. Prosecutors told the jury that Stacie died from smoke inhalation from the fire that Brandon lit. And for that reason, they asked that Brandon be given the death penalty. But an independent medical examiner hired by the defense team determined after the trial that Stacie was "medically dead" after being shot, before the fire started, according to CBS News.
Brandon Bernard (Stacey Brownstein/AP)
3. Five of the surviving nine jurors on his case now say they regret their verdict. Former jury foreperson Calvin Kruger is now advocating for a life sentence because he believes Brandon was "not the ringleader behind these offenses, but a follower." Another juror, Gary McClung, said that "the death penalty is far too harsh for his level of involvement in this crime. I've always struggled, I guess, especially that time in my life, with standing on my convictions. And I regret that now."
4. The prosecutor who fought his appeal to overturn the sentence is now advocating for his life to be saved. Attorney Angela Moore told CBS News that she's changed her stance because of "the legal reasons, aside from my own personal beliefs, it's the evidence and what we have found out since. Mr. Bernard did not shoot and kill the victims in this case. He was not the person who planned this robbery gone wrong. He should not be executed, ever. It's barbaric. It's horrific and he does not deserve it."
Brandon Bernard, a 40-year-old father is going to be executed tomorrow by our federal government. Having gotten to know Brandon, I am heartbroken about this execution. I'm calling on @realDonaldTrump to grant Brandon a commutation and allow him to live out his sentence in prison. https://t.co/soccUQFmac
— Kim Kardashian West (@KimKardashian) December 9, 2020
5. Kim Kardashian began advocating for his release in November 2020. Kim has been instrumental in raising clemency issues with President Trump, famously convincing him to release Alice Marie Johnson in 2019. "A terrible case has been brought to my attention and I need your help. Without it, on December 12th Brandon Bernard is going to be executed for a crime he participated in as a teenager," she began a lengthy, multi-tweet message on November 29.
"First, I want to say that a terrible crime was committed and me fighting for a stay of execution does not take away from the sympathy I have for the victim's Todd and Stacie Bagley, and their families. My heart breaks for everyone involved," she continued. "While Brandon did participate in this crime, his role was minor compared to that of the other teens involved, two of whom are home from prison now."
Donald Trump	Kim Kardashian	Sensitive
Dionne Warwick: 5 Things To Know About The Singer Clapping Back At Wendy Williams
Taina Williams: 5 Things To Know About Rapper G Herbo's Fiancee Who's 4 Months Pregnant
Adrienne Banfield-Norris: 5 Things About Jada Pinkett Smith's Mom Against Olivia Jade Interview


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DUSKY SHARE BWANA & SHED REMIXES OF "INGRID IS A HYBRID"
With forthcoming LP Outer on the horizon and a just-announced London headline date at Oval Space on October 19th following a sold-out show at Village Underground this spring, Nick Harriman and Alfie Granger-Howell aka Dusky have today shared two heavyweight remixes of the album's first single "Ingrid Is A Hybrid" from Bwana and Shed.
Rising Berlin-via-Toronto producer Bwana aka Nathan Micay has built up an impressive run of releases over the past couple of years for labels including Aus Music, Infinite Machine and somethinksounds. Most recently he released an acclaimed "retro-futuristic reimagining" of the Akira OST with LuckyMe via a special website. His "We're All In This Together" remix of "Ingrid Is A Hybrid" - which sees him reunite with Dusky, having previously played alongside the London duo in Chicago last autumn - builds from subtle percussion to new levels of computerized bliss.
Shed is Ostgut Ton and Modeselektor/50 Weapons affiliate René Pawlowitz, also known by his Head High and WK7 aliases and for his time behind the counter at Berlin's legendary Hard Wax record store. With his version the techno maestro welds a dark sense of foreboding into "Ingrid" while managing to retain the rave euphoria of the original.
Annie Mac recently proclaimed "Ingrid Is A Hybrid" her Hottest Record In The World on her BBC Radio 1 show. The track brings together trademark Dusky touches - clean, club-heavy production, inventive use of vocal samples and classy, melodic textures - into a unique hybrid that breaks new ground for the duo but still sounds unmistakably them.
"Ingrid Is A Hybrid" is available now via Astralwerks on all download stores and streaming services. Stay tuned for more news on the Outer album, coming soon.
"Ingrid Is A Hybrid" remixes available from:
Spotify http://smarturl.it/duskyingridSP
iTunes http://smarturl.it/duskyingridiTunes
Apple Music: http://po.st/IngridRMX2am
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Q: How to Server Side load data in App.js next.js I have a layout component that is loaded once on App.jsx and stays the same throughout the session, but since the page is SSRed it loads first, then the layout displays after a second, is there a way to get the layout data along with the page without having to add it to every page?
function MyApp({ Component, pageProps: { session, ...pageProps } }) {
  const abortController = new AbortController();
  const signal = abortController.signal;
  const [content, setContent] = useState();
  const router = useRouter();
  console.log("url", router);
  useEffect(() => {
    const fetchUIContent = async () => {
      let data;
      let responseStatus;
      try {
        data = await axios.get("/api/layout", {
          httpsAgent: new https.Agent({ rejectUnauthorized: false }),
          signal: signal,
        });
        responseStatus = data.status;
      } catch (error) {
        if (error.name === "AbortError") return;
        console.log("Error message:", error.message);
      } finally {
        if (responseStatus == 200) {
          setContent(await data.data);
        } else {
          console.log("Oops error", responseStatus, "occurred");
        }
      }
    };

    fetchUIContent();

    return () => {
      abortController.abort();
    };
  }, []);
  return (
    <Provider store={store}>
      <SessionProvider session={session} /*option={{clientMaxAge: 10}}*/>
        <ConfigProvider direction="ltr">
          <HeadersComponent>
            <Layout content={content}>
              <Component {...pageProps} />
            </Layout>
          </HeadersComponent>
        </ConfigProvider>
      </SessionProvider>
    </Provider>
  );
}

I thought of using redux to get the layout data, but that would still need to make changes on each page and it is a pretty large project.

A: Fixed by https://github.com/vercel/next.js/discussions/39414
For Future readers, this is how to add extra props for use in MyApp
//to consume foo
function MyApp({ Component, pageProps, foo }) { //if you have {Component, pageProps: { session, ...pageProps }, foo} make sure foo is outside the pageProps destructure
  return (
          <MyFooConsumer foo={foo}>
            <Component {...pageProps} />
          </MyFooConsumer>
           )
}

//to send foo
MyApp.getInitialProps = async (appContext) => {
  // calls page's `getInitialProps` and fills `appProps.pageProps`
  const appProps = await App.getInitialProps(appContext);

  return { ...appProps, foo: 'bar' }
}


Stay healthy and sidestep the holiday blues.
"These three horses gave me something that no therapist has ever been able to give me"
Do you know what to do if a friend breaks her ankle on a run? Or if your partner starts choking at dinner?
I'm looking for a healthy holiday. What do you recommend?
"I need a holiday to focus on weight loss, fitness or health and wellness"
What is it, where is it, and should we be worried?
What can a weekend in the mountains do for your health?


text:
Odivelas is a civil parish in the municipality of Odivelas, Portugal. The population in 2011 was 59,546, in an area of 5.04 km².

References

Freguesias of Odivelas


Despite recent changes in public opinion concerning the possession of many street drugs, Maryland retains some of the harshest drug laws anywhere in the country. Merely being in possession of an illegal drug is sufficient to land a guilty defendant in jail for up to one year. In addition, the simple possession of marijuana is still illegal in Maryland. The penalties become much harsher for people convicted under the distribution of illegal drug laws. Convictions here are always felonies that are likely to result in a lengthy prison sentence.
It is essential that any person facing a drug charge in Salisbury work with an attorney who may be able to protect their future. A Salisbury drug lawyer could provide this valuable service. A dedicated criminal defense attorney could listen to a person's needs, examine the strength of the prosecutor's case, and potentially recommend a course of action. Call today and schedule a legal consultation.
Md. Criminal Law Code Ann. §5-401 creates a list of controlled substances in Maryland. These are items that are contraband in the state. Some drugs, such as prescription medications, can be possessed only with a doctor's prescription. Others like street drugs are never legal to hold. As a result, any person who possesses an item on the drug schedules without proper authorization violates the law.
The penalties for the mere possession of an illegal substance are harsh. According to Md. Criminal Law Code Ann. §5-601, it is illegal for any person to possess a controlled substance without a doctor's prescription. Even a first violation of this statute is a misdemeanor offense that could result in up to one year in jail and creates a criminal record. Subsequent offenses increase the length of the potential jail term.
The only exception to this sentencing structure is for people facing allegations of marijuana possession. Here, a conviction is only a civil penalty for any amount under ten grams that is punishable by the payment of a fine. A Salisbury drug lawyer could help individuals facing allegations of illegal drug possession to understand the law and their rights.
Far harsher than the penalties available for simple drug possession are those available for drug distribution. The law is not concerned with how a person distributes the drugs or whether it is done for profit. In fact, a court may convict a defendant for merely intending to distribute the items.
According to Md. Criminal Law Code Ann. §5-602, it is illegal for any person to sell, distribute, or even possess in sufficient quantities to distribute an illegal drug. The penalties for a conviction are harsh and tie directly into the type of drug in question. The harshest penalties apply to allegations of distribution of fentanyl and related drugs. Here, the court can impose a sentence of ten years imprisonment in addition to any other penalty for drug distribution.
The core penalty for drug distribution is a felony carrying a maximum prison sentence of five years. However, if the drug is a narcotic as defined by Schedule I or Schedule II of the drug code, the maximum penalty increases to 20 years imprisonment. Because of these harsh penalties, it is vital that people facing allegations of drug distribution defend themselves at every opportunity.
What Does a Drug Lawyer Do For Clients?
A Salisbury drug lawyer provides advice to clients based on knowledge of Maryland's drug laws, past criminal cases, and state and federal rules of criminal procedure. There are specific elements of each drug offense and a prosecutor has to prove a drug crime case beyond a reasonable doubt before a defendant can be found guilty. A Salisbury drug attorney can investigate the facts of the case to try to find ways to make a jury feel doubts about a defendant's guilt. Your attorney could raise affirmative defenses or argue you were not actually in possession of the drug you have been accused of having.
A Salisbury attorney in your drug case could also try to keep you out of jail pending trial, while work hard to keep any evidence out of court that was illegally obtained, and will make sure you benefit from all the constitutional protections afforded to defendants in the criminal justice system. Whether you want to explore opportunities for pre-trial diversion, fight charges, or negotiate a plea deal, you should be sure to have a knowledgeable and caring legal advocate who is fighting for you.
Drug charges are some of the most common cases heard in Maryland's criminal courts. They can affect any person in the chain of distribution from the makers, to the sellers, to the users. In any event, with the exception of marijuana, being in possession of even a trace amount of an illegal drug is a crime that can result in a lengthy prison sentence.
A Salisbury drug lawyer may be able to prevent this from happening. They could work with individuals to understand their goals, to formulate a defense intended to meet those goals and to push back against police accusations in court. Contact an attorney today to discuss your case.


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Jason Buksh is a Technical Project Manager and Performance Consultant in London, England. Jason has extensive experience with performance testing at many companies including HSBC and Siemens. He is skilled with tools such as Rational, Grinder, and Performance Studio. His certifications include LoadRunner.
We appreciate his time to share some good thoughts with us about a topic that gets us excited. Here is his interview with us.
I learned to program when I was 13 – it was a vic20, I then swiftly moved onto 6502 for the BBC micro. University studying computer science was an obvious and easy progression for me. First job was writing rendering engines (C++) for virtual reality simulators. I would describe myself as a techie at heart – I'm genuinely interested in how things work. I think having a strong and long background in IT enables me to grasp new concepts easily – which is great when I have to go into different companies and need to understand their systems quickly. I've a 2:1 in Computer Science, ISEB Practitioner and SCRUM Master Certified.
We should get out of the habit of separating them so readily. I feel strongly that every software developer should QA their work. Its not good enough to code and then relinquish QA to another team. Its lazy, increases delivery time, wastes effort and increases cost. Everyone should be a QA professional within their own field. I think a large dedicated QA team is a good measure to the inefficiency of an IT project. I'm going to write a post on this very topic.
My career is built on it. I've performance tested many mission critical and highly transactional systems. Companies like Expedia have extremely large volumes of traffic, and the performance of such a system is paramount. My experience at global financial institutions has taught me a great deal about trading platforms and the importance of milliseconds in response time.
What is the biggest change you have witnessed in the way people conduct load testing?
There is a quiet move away from Loadrunner and its going to become an avalanche. It's been underdeveloped and overpriced for a long time.
Load testing is testing with anticipated load.
I've written an article on my blog about performance testing definitions that clarifies some of the differences.
Understanding the requirements and getting the workload model correct. Your performance test is only as accurate as the model you are simulating.
Who are the most influential leaders in the field of performance engineering?
At a deep level I believe the Facebook engineers are, they get it. They scale their software better than anyone else. PHP wasn't working quickly enough, so they wrote HipHop to increase speed, reduce datacenter space and cost. They spearheaded pagelets (Bigpipe). They measure, inspect and then improve the software if possible (True Continuous Improvement). It seems obvious, but I've seen a lot of companies not do this because they don't understand their own technology.
Talk to all parties, not just one and look to evidence the requirements.
Whatever make sense in the customers context. I always think of defining the load in a way the customers will understand. You get better feedback and more accurate requirements as a result.
Unfortunately in the majority of cases it only becomes part of the cycle after something horrible has happened. Then it becomes a critical part. Thats human nature in general.
What are the key KPIs you track for performance testing and tuning?
Transaction response times, Memory, CPU, and transaction failure graphs are the ones I cannot live without. Graphs can tell you a whole story simple metrics cannot.
Don't try and replicate in software what the DB can do. I've seen a lot of companies try and re-invent the wheel and take out logic from the DB (such as caching) and put in their own solutions. Then they find they get into all sorts of trouble when the item in the cache is updated from an external source. They essentially start replicating the logic of the DB. Always look to tune and improve the DB – there are 1000's of man hours invested in that technology. Your problem will not be unique and will have been solved.
Part of the problem I'm now seeing is that software engineers are sometimes just focused on the narrow field of software engineering and don't appreciate the holistic system. Instead of getting in a DB tuning expert they may (for example) just take out items and put them in a cache – this increases the code complexity, man hours and cost.
It reduces the cost of ownership and makes it easier for teams to be anywhere in the world. Its a slow revolution, and its for the better.
Critical – more and more people are doing business over the web. The competition is high and people can switch easily. Customers expectations are also extremely high. Waiting longer than 3 seconds is now deemed unacceptably slow when navigating through sites.
Please share with us an interesting story about your experience with software development or load testing.
I've seen some pretty silly things. For example, I was called into a client that had a live performance issue that affected their whole business. They brought a consultancy in to estimate where they thought the capacity was, and then they decided to re-engineer the whole architecture at a huge cost. All without proving the consultancy's estimate with actual testing. It was nuts. By the time they had got new hardware installed to performance test their existing architecture they discovered it could take them through the next two years of growth – easily. And this was without any performance tuning. What a waste! The sad thing is I've seen far more mad things than this.
At the moment this one about choosing the correct load testing tool. I've been thinking hard about how I could easily split all the load testing tools out there and explain to someone coming at it from a fresh perspective.
I've come across http://bettertesting.co.uk/. Its very refreshing, informative and I like the fact that Darren is well rounded.
Personal training instructor – I enjoy teaching people how lose weight, find out what motivates them and work out how to change their body through exercise they will enjoy.


Quirk Nissan is Celebrating National Car Care Month!
April is National Car Care Month and we here at Quirk Nissan are recognizing this by offering you many great savings, specials, and coupons in our service department!
*We all know the roads in New England are not the best. The pot holes that we drive over every day can take a serious toll on our vehicles. Come in and get your tires balanced and aligned at an incredible price!
*Get your vehicle inspected for free by the service technicians at Quirk Nissan.
*After giving your brakes a good workout this winter, come in and get them inspected for free!
*After getting your brakes inspected for free, if you do need any work done, we are offering you $25 off your brake service.
*Take $30 off a 30 thousand mile service.
*Take $20 off a 15 thousand mile service.
*Take $100 off regular priced Advantage shocks and struts when purchased and installed at Quirk Nissan.
To views these deals and more visit here! Also, don't forget schedule your service and to print your coupons or have them available on your smartphone in order to get these amazing deals!
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Longquan (龙泉 ; pinyin : Lóngquán) est une ville de la province du Zhejiang en Chine. C'est une ville-district placée sous la juridiction administrative de la ville-préfecture de Lishui.

Démographie
La population du district était de  en 1999.

Notes et références

Voir aussi

Articles annexes
 Céladon de Longquan

Lien externe
  Site gouvernemental

Ville dans la province du Zhejiang
Subdivision administrative dans la province du Zhejiang


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I'm using G-Cadd9 with some cool bass line action. It's similar to the alt bass country pattern, but it has more energy and movement to it. In addition to a walking bass line we'll also incorporate a hammer-on into the pattern.
Try this with different chords and find interesting ways to connect chords with the bass notes as we did in this one. Also see where you can add hammer-ons.


text:
Geneva Round kann bezeichnen

 Genf-Runde, Welthandelsrunde von 1947
 2. Genf-Runde, Welthandelsrunde von 1955/56


text:
Tuleyome Tales: The fascinating and…
Things To DoLifestyle
Tuleyome Tales: The fascinating and ancient-looking white-face ibis
For the White-Faced Ibis, where to nest can be a major decision fraught with complications. Here you see a nest built over shallow water. Note the hatchlings inside. (Photo by Mary Hanson)
By Mary Hanson |
July 27, 2018 at 6:04 a.m.
Thoth was an ancient Egyptian deity with the head of an ibis, and part of his job was to maintain the universe. In the Berryessa Snow Mountain National Monument region, we have ibises, specifically White-Faced Ibises (Plegadis chihi), and even though they probably don't maintain the universe, they do a good job of maintaining their little corners of the world.
Where the birds nest depends on the water levels in their favorite stomping grounds. White-Faced Ibises live in freshwater marshes, tule fields and even irrigated landscapes. Here, in the early summer months, they gather together in loose-knit colonies (called "rookeries"), build their nests and have their babies. There are several of these rookeries around our region, including one within the city of Woodland.
At the rookeries, you can see that the ibises' twiggy nests are built at various levels among the tules and shrubs. Nest placement can be a tricky business. If you build low, your nest is shaded by the nests above it, and you're closer to the water, so the kiddies can step out of the nest and cool their feet if they get too warm. But building low also means your nest is at the perfect height to get invaded by snakes, raccoons, and other marauders.
It's not uncommon for garter snakes and even birds like the Great-Tailed Grackle, to infiltrate the nests and eat the eggs and the babies. At the Woodland rookery, I watched as a female Great-Tailed Grackle tried to sneak in between the tules and behind the adult ibis standing on the nest to grab one of the newborn hatchlings. That seemed to be an uncommonly bold attempt at infanticide to me, but the ibis caught sight of grackle almost immediately and chased it off. Being ibis parents means you're on a 24-hour security detail. Usually, the females take the night shift and the males take the day shift.
There's also a problem with building the nests higher up in the tules and branches of low-lying trees, however. Those nests are then exposed to direct sunlight all day long, and that can be difficult for the summer-born babies who for the first several weeks of their lives can't get out of the nest or move around much. Parents in the upper nests often shade their offspring with their bodies and bring them fluids in the form of regurgitated water and food to keep them hydrated, but the heat can still take its toll. The summer's heat might also play a factor in whether the birds will attempt to have a second brood before the season is over.
The ibises' eggs are a bright turquoise blue so they're easy to spot in the nests. Egg laying occurs in the morning hours, and usually the female will lay one egg, skip a day, then lay another egg, up to three or four. Sometimes younger females will lay eggs in more than one nest, so it's hard to tell what egg actually belongs to whom without DNA testing, but the brooding parents don't seem to care.
Both White-Faced Ibis parents, who look identical (except for the fact that the male is larger than the female), take turns incubating the eggs and feeding the hatchlings. Whether the pairs mate for life is unknown, but some pairs seem to stay together through several breeding seasons. They generally eat a mixed diet of insects, worms, frogs and snails, leeches, spiders and crayfish.
It takes the youngsters about five weeks to go from hatching to being able to fly with the flock. When they're young, the babies have dark bodies with a bald spot on the top of the head, and their dark beaks have pink, yellow or flesh-colored stripes on them. As they mature, the head feathers fill in and the beak turns a sort of olive-gray.
At a distance, mature birds may look black, but their true coloring shows itself off when the sunlight hits them at the right angle. Their plumage is actually a gorgeous mix of glossy, iridescent copper, purple and green. They get their name-sake white faces in the breeding season.
We see a lot of ibises in our region and that's partly do to conservation efforts. In the past, the use of the pesticide DDT and the outright killing of the birds – a study in the 1960's showed that almost 83% of banded White-Faced Ibises in the state of Utah were shot by humans – were threatening to wipe the species out.
Since that time, DDT has been banned and the White-Faced Ibis was added to the Migratory Bird Treaty Act list to protect it. Right now, the species is doing fairly well.
The breeding season is almost over in our area, but if you still find nesting birds, please be careful not to disturb them. When conditions are right, these birds can live for up to 14 years or more in the wild.
Mary Hanson is a Certified California Naturalist, author, nature photographer and blogger at https://chubbywomanwalkabout. com/. For more information, visit www.tuleyome.org.
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