text:
DPJ-backed candidate wins Nagano race
NAGANO (Kyodo) Shuichi Abe, a former Nagano vice governor supported by the ruling Democratic Party of Japan, was elected governor in a narrow race against another former vice governor backed by the Liberal Democratic Party on Sunday.
The victory by Abe, 49, is the DPJ's first major local election win since its huge defeat in the July 11 Upper House election and will hearten the ruling party as it tries to recover from that setback.
Three rookie candidates ran in the election, all as independents. The third candidate, who was endorsed by the Japanese Communist Party, finished far behind the other two.
Abe was a vice governor when New Party Nippon leader Yasuo Tanaka served as Nagano governor from 2000, while the LDP-backed candidate, Yoshimasa Koshihara, 63, was a vice governor under departing Gov. Jin Murai.
During the campaign, Abe, who was also backed by the Social Democratic Party and Kokumin Shinto (People's New Party), stressed his work to implement reform when he served as deputy secretary general of the Government Revitalization Unit, which reviews central government programs to cut wasteful spending. Abe pledged to pursue a similar initiative in Nagano Prefecture.
"I want to put my all to better the lives of people in Nagano and pursue people-centered politics," Abe said. Voter turnout was a record-low 52.70 percent.


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Crystalline white to colorless Bario-olgite on one half of the specimen. This can be seen under UV light with an nice orange glow. This is a specimen from the collection of Dr. Igor Pekov used for publication of the mineral.


I'm a huge Batman fan, I mean come on; how can he not be your #1? Unfortunately this rebirth issue fell a little flat for me. We are basically given this hint of things are going to change and then Bruce working out shirtless of the side of a building in an extremely hot day.
Either way, as this was a transition issue from New 52 to the current universe I will definitely be sticking with this series.


text:
CA Technologies Releases New Version of Mainframe Application Tuning Tool
CA Technologies, an enterprise IT solutions provider, has updated its mainframe application tuning tool, which now provides a consolidated view of enterprise applications through a graphical interface. CA Mainframe Application Tuner 9.0 is designed to help administrators more quickly resolve performance inefficiencies in z/OS-based systems.
"Any application program, no matter what platform it's running on, can experience performance problems," Mark Combs, distinguished senior vice president for CA Technologies' Mainframe Customer Solutions Unit, tells 5 Minute Briefing. "For example, most financial applications, even those with the most cutting edge consumer-friendly faces, are integrated with mainframe applications on the back end to actually complete and record those transactions. When one of these applications is running slowly, it's important to be able to quickly find the root cause of the problem so it can be corrected."
CA Mainframe Application Tuner is designed to monitor mainframe application programs to pinpoint delays and show where the application is spending its time. It observes and samples program activity, showing the application view of performance, and presents detailed application-specific delay information, pinpointing where excessive processing or wait time may be occurring. From a single program–monitoring session, CA Mainframe Application Tuner can answer questions for the mainframe application programmer, systems programmer, and database administrator. This capability saves time and reduces the resources required to resolve program bottlenecks or delays.
The toolset monitors and analyzes programs running in the native z/OS environment, but not programs running under Unix System Services or Linux on System z, says Combs.
CA Mainframe Application Tuner combines automated performance management with drill-down performance metrics. The addition of a graphical user interface that displays performance data from multiple sources in a single view enables users to better discover tuning opportunities, simplify root cause analysis, and speed resolution of application performance problems, the vendor says.
The new Eclipse-based user interface for CA Mainframe Application Tuner 9.0 supports IBM Rational Developer for System z and comes at no additional cost. In addition, CA Mainframe Application Tuner 9.0 provides enhanced support for applications that use IBM DB2 for z/OS, IBM IMS for z/OS and CA IDMS databases.
For more details, go to www.ca.com.

redpajama_set_name: RedPajamaCommonCrawl


Just in time for the holiday season, TOKYOPOP has released a brand new The Nightmare Before Christmas manga edition. Created by Jun Asuka, this manga tells the tale of Jack, Sally, and the citizens of Halloweentown as they put their own spin on the Christmas season.
The manga doesn't do anything particularly new in terms of story: the plot stays faithful to the original film throughout the manga. The difference that is made possible by this version, however, is that with text and expressive images we're able to see deeper into the thoughts and emotions of the characters, most notably Sally. While in the film she takes a backseat to Jack's antics, the manga shows off the complexity of her thoughts, worries, and dreams throughout the story.
TOKYOPOP has also released other editions based off of Disney favorites like Lilo and Stitch and Alice in Wonderland. Also available is a special original manga called Disney Kilala Princess, which tells the story of a young girl whose dreams of meeting Disney Princesses comes true. If you want to see your favorite Disney stories retold in a new, modern way, checkout TOKYOPOP's available mangas, and catch the The Nightmare Before Christmas manga edition online now!


text:
Q: Using JSON.NET to add a boolean property I have this JSON data
{
    "extensions": {
        "settings" : {
            "extension1": {
                "property1": "value 1",
                "property2": "value 2"
            }
        }
    }
}

my goal is to add a new boolean property using JSON.NET to look like this
{
    "extensions": {
        "settings" : {
            "extension1": {
                "property1": "value 1",
                "property2": "value 2",
                "bool_property": true
            }
        }
    }
}

I only have this code and I'm stuck with AddAfterSelf and AddBeforeSelf
string pref = "path_of_the_preferences_file";
string _pref = string.empty;
using (StreamReader reader = new StreamReader(pref, Encoding.UTF8))
{
    _pref = reader.ReadToEnd();
}

// REFORMAT JSON.DATA
JObject json = JObject.Parse(_pref);
var extension1 = json["extensions"]["settings"]["extension1"];

How do I insert the new boolean property "bool_property" ?
Thanks

A: A JObject is essentially a dictionary.  Just get a reference to the object you wish to add the property to and add it.
var propertyName = "bool_property";
var value = true;

var obj = JObject.Parse(json);
var extension1 = obj.SelectToken("extensions.settings.extension1") as JObject;
if (extension1 != null)
{
    extension1[propertyName] = value;
}

If you're targeting .NET 4 and up, you know the structure of the json and the name of the property you wish to add, you can use dynamic here.
var value = true;

dynamic obj = JObject.Parse(json);
obj.extensions.settings.extension1.bool_value = value;

You can even mix and match.
var propertyName = "bool_property";
var value = true;

dynamic obj = JObject.Parse(json);
obj.extensions.settings.extension1[propertyName] = value;

A: Deserialize your JSON, add a property and serialize it back into a string.
dynamic sourceJson = JsonConvert.DeserializeObject(json, typeof(object));
sourceJson.extensions.settings.extension1.bool_property = false;
var modifiedJson = JsonConvert.SerializeObject(sourceJson, Formatting.Indented);

A: I got it
string pref = "path_of_the_preferences_file";
string _pref = string.empty;
using (StreamReader reader = new StreamReader(pref, Encoding.UTF8))
{
    _pref = reader.ReadToEnd();
}

// REFORMAT JSON.DATA
JObject json = JObject.Parse(_pref);
var extension1 = json["extensions"]["settings"]["extension1"];

var a = extension1.Children();
JProperty cond_it = null;

foreach (var b in a)
{
    if (b.ToString().ToLower().Contains("cond_it"))
    {
        cond_it = (JProperty)b;

        break;
    }
}

if (cond_it != null)
{
    var b = cond_it.Value.SelectToken("location").Parent;
    b.AddAfterSelf(new JProperty("blacklist", true));
}

redpajama_set_name: RedPajamaStackExchange


I shall sing the praises of those Arihantas, all twenty-four of whom are omniscient.
Padmaprabhu, Supārshvanātha and Candraprabhu, Jinas all.
Vimalanātha, Anantanātha, Dharmanātha and Shāntinātha, Jinas all.
vandāmi ritthaṇemim, pāsam taha vaddhamāṇam cha Kunthunātha, Aranātha and Mallinātha, Munisuvratanātha and Naminātha, I worship them all.
I worship Arishtanemi, Pārshvanātha and Vardhamāna too.
Free from the blemish of karmas and from birth and old age, be pleased with me.
May I be blessed with health, knowledge and profound meditation.
Deeper than the oceans, may the Siddhas grant me liberation.
This work is in the public domain worldwide because it has been so released by the copyright holder.


ATTENTION this is the version smartpcn 2.0, currently valid is version 3.0.
The smartPCN page will be updated in the next weeks and will then only offer version 3.0.
Documents on smartPCN for viewing or downloading. Additional documents will be available for download in the coming weeks.


text:
"Receiver Beware"
How the Foreign Extortion Prevention Act Could Change the Foreign Corrupt Practices Act
by Daniel T. Judgea
Aug 26, 2020 2020 U. Ill. L. Rev. Online 152 Download
On August 2, 2019, Representative Sheila Jackson Lee introduced H.R. 4140, otherwise known as the "Foreign Extortion Prevention Act" (FEPA).1 In theory the bill is simple—if enacted, the FEPA would amend title 18 of the United States Code to prohibit a foreign official from demanding a bribe.2 However, in practice, this proposed law would have a profound impact on the ways in which criminal prosecutions are conducted and the nature of business and nation-state relationships throughout the world. The FEPA was referred to the House Subcommittee on Crime, Terrorism, and Homeland Security on August 28, 2019.3 It has seen no movement in Congress since then, leaving its likelihood of enactment largely unknown. Nevertheless, the FEPA offers an opportunity to reevaluate U.S. extortion laws (or the lack thereof), discuss the theories underlying anti-bribery and extortion prosecutions, and compare the United States' legal system to that of its international counterparts.
This Article will proceed in four parts. First, it will give a brief explanation of the "Foreign Corrupt Practices Act" (FCPA).4 It will discuss the FCPA as it is written and as it was intended. It will also discuss the FCPA's limitations, how it operates in conjunction with related laws to prosecute foreign extortion, and its underlying rationale. Next, Part II will introduce the Foreign Extortion Prevention Act. It will provide insight into the bill's purpose, rationale, and potential impact. Part III will then compare the FEPA to anti-bribery and anti-extortion laws abroad. Specifically, it will compare U.S. anti-bribery laws with the U.K. Bribery Act and the OECD Anti-Bribery Convention. Finally, Part IV will analyze the merits of the Foreign Extortion Prevention Act.
At bottom, the FEPA offers an opportunity to simplify foreign extortion prosecutions, clarify existing U.S. policy and law, and realign U.S. anti-corruption laws with the international community's best practices. However, as this Article will explore, the proposed law is not without its shortcomings. If enacted, the Foreign Extortion Prevention Act should be seen as only the first step in the criminalization of foreign extortion.
I. Background: The Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act was enacted on December 19, 1977,5 as a congressional response to the discovery of "more than 400 corporations [that] made questionable or illegal payments in excess of $300 million to foreign officials for a wide range of favorable actions on behalf of the companies."6 As a result, Congress drafted the FCPA with a supply-side focus. Or, to put it another way, the FCPA was enacted as a means of regulating bribers, not receivers. For the purposes of this Article, the word "receiver" will be used in place of "bribee," but defined the same. Thus, a "receiver" (also termed a "bribe-taker") is "[s]omeone who receives a bribe."7 Broadly speaking, the FCPA "has two purposes, to prohibit the bribery of foreign officials and to establish accounting requirements."8 Since its enactment, the prohibition against bribing officials has been gradually expanded.
First, the text of the FCPA underwent significant amendments in 1988 and 1998.9 In particular, the 1998 Amendments dramatically expanded the FCPA's jurisdictional reach. These amendments were largely "driven by [a] desire to conform the FCPA" to the Organization for Economic Cooperation and Development's (OECD) Anti-Bribery Convention.10 In doing so, Congress expanded the application of the FCPA to all persons offering a prohibited bribe in a U.S. territory.11 Consequently, the FCPA would now apply to "'any person'—irrespective of citizenship, residency, or location of business activity—committing bribery on U.S. territory."12 The 1998 Amendments also "created extraterritorial jurisdiction over 'any United States persons,' including U.S. nationals and corporations." And yet, despite this extended reach, the FCPA remained only a means to prosecute bribers, not receivers.
Second, broad judicial interpretations13 and Department of Justice (DOJ) memoranda have continued to expand the four corners of the FCPA throughout its forty-three-year existence. Of particular significance, the DOJ's September 9, 2015 "Yates Memorandum"14 established that corporations would be eligible for cooperation credit "only if they identify culpable individuals and all relevant factual information about their misconduct."15 Furthermore, the Yates Memorandum stated in no uncertain terms that DOJ "attorneys should strive to obtain from the company as much information as possible about responsible individuals before resolving the corporate case."16 Therefore, the Yates Memorandum instructs DOJ attorneys to pursue prosecution of individuals guilty of violating the FCPA and FCPA-related crimes. In fact, the DOJ guidance goes so far as to instruct its attorneys to use the four corners of the FCPA to uncover and prosecute additional bribery-related crimes.
Third, prosecutors have used the FCPA to reach both the supply and demand sides of a bribe under other related statutes. Over time, prosecutors from the DOJ's "FCPA Unit" have increasingly "been charging non-FCPA crimes such as money laundering, mail and wire fraud, Travel Act violations, tax violations, and even false statements, in addition to or instead of FCPA charges."17 It has become "commonplace" for the "DOJ to charge the alleged provider of a corrupt payment under the FCPA and the alleged recipient with money laundering."18
Some FCPA observers began to notice this trend as early as 2009.19 More recently, the trend has become so pronounced that in 2018 the "DOJ's FCPA Unit brought more corruption cases under related statutes . . . than it did under the FCPA."20 In 2019, the DOJ had 35 criminal FCPA enforcement actions and an additional 19 FCPA-related criminal enforcement actions.21 Thus, in the last two years, 44.55% of the DOJ FCPA Unit's criminal enforcement actions have been from FCPA-related charges.22 While the use of FCPA-related charges does not necessarily imply demand-side prosecution, it at least demonstrates the DOJ's willingness to use all the laws at its disposal to prosecute bribery from both the supply and demand sides.
The FCPA itself remains strictly a supply-side enforcement mechanism, but through its amendments, interpretation, and use it has become a tool for demand-side enforcement. This shift reflects a deeper change in philosophy. As Professor Kevin Davis writes, "bribery is not an individual crime, it is a corrupt bargain that always has at least two sides."23 While the FCPA is unique because of its history as the first major legislation to criminalize the supply side of a bribe, both literature and government practice have continued to focus on a need to reemphasize demand-side prosecutions.24 Now, Congress seeks to reemphasize the demand side as well.
II. Understanding the Foreign Extortion Prevention Act
The Foreign Extortion Prevention Act seeks to amend 18 U.S.C. § 201—the statute criminalizing "[b]ribery of public officials and witnesses"—in two significant ways.25 First, it would broadly define the terms "foreign official" and "public international organization."26 Second, it would add the following language to the end of Section 201—
(f) Whoever, being a foreign official or person selected to be a foreign official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for—
(1) being influenced in the performance of any official act; or
(2) being induced to do or omit to do any act in violation of the official duty of such official or person,
shall be fined under this title or imprisoned for not more than two years or both.27
Currently, Section 201 only criminalizes the bribing of domestic public officials.28 The FEPA would extend the statute's reach to "foreign officials" demanding a bribe. In effect, the FEPA would complete the FCPA's prohibition on the supply side of a bribe, by criminalizing the same bribe from the demand side too.
The FCPA was originally modeled after Section 201,29 but here the Foreign Extortion Prevention Act is modeled after the FCPA. In fact, the FEPA uses the same broad legal definitions for "foreign official" and "public international organization."30 By using these definitions, Congress is intentionally creating a demand-side counterbalance to the FCPA. If enacted, the FEPA will cover the same scope of transactions as the FCPA, but will enable prosecutors to introduce new criminal charges against receivers who are otherwise able to escape prosecution.
In order to properly understand the FEPA's potential impact on foreign extortion, one must first understand how foreign extortion fits within the FCPA. Technically, bribers are not liable under the FCPA if their actions are the result of extortion or duress. The FCPA does not incur liability in these circumstances because there is no element of corrupt intent.31 However, the FCPA does not consider "[m]ere economic coercion" to be extortion. Thus, the mere fact that "the payment was 'first proposed [or even demanded] by the recipient . . . does not alter the corrupt purpose on the part of the person paying the bribe.'"32 As the Southern District of New York distinguished in United States v. Kozeny, the FCPA imposes liability regardless of foreign extortion, unless there is a well-founded threat of "injury or death."33 Herein lies the inequity that the FEPA seeks to resolve.
The FEPA criminalizes both direct and indirect extortion by a foreign official. Furthermore, there is no requirement under the FEPA that the extortion include a well-founded threat of "injury or death." Or, to put it simply, the FEPA criminalizes economic extortion. Under current U.S. anti-bribery law, U.S. companies face significant competitive disadvantages because the FCPA only covers a bribe's supply side. This disadvantage is exacerbated by the FCPA's unwillingness to account for economic coercion. Thus, when a U.S. company or individual is confronted with economic extortion by a foreign official, it has no protections under the FCPA, but could nevertheless still face criminal liability if successfully extorted. The FEPA would afford a remedy by criminalizing the foreign official's actions, and thereby rebalancing—or at least partially rebalancing—each party's risk of liability.
Statements by the FEPA's cosponsors help to clarify the bill's purpose and function. Collectively, the bipartisan group of U.S. Representatives stated that the FEPA would enable the DOJ "to indict [foreign] officials for demanding bribes to fulfill, neglect, or violate their official duties."34 They added that it would protect U.S. businesses that are "regularly targeted by foreign extortionists" by "punishing the demand side of bribery."35 The group also framed the FEPA within the context of the international community by stating that it "will bring U.S. laws in line with international best practices."36 Representative Tom Malinowski added that the bill creates "a powerful new tool to fight the kleptocracy that impoverishes people and empowers dictators around the world."37
In summary, while the FEPA does not actually amend the FCPA, it "could make it easier for American prosecutors to target foreign officials who demand or receive bribes, [thereby] increasing the number of bribery enforcement actions."38 The FEPA would be a meaningful contribution under Congress' Article I authority to regulate foreign commerce.39 It would provide further protection for U.S. businesses in the global marketplace, while also reestablishing the United States as a global leader in anti-corruption.40 Finally, the FEPA would create a consistent and coherent policy condemning bribery from both the demand and supply side. Still, the FEPA is not without its faults. Section IV.B discusses these limitations and shortcomings in detail. Nevertheless, if enacted, the FEPA would be a significant step in the international fight against bribery.
III. A Comparative Perspective: How the Foreign Extortion Prevention Act Compares with Foreign Legal Systems
A. The U.K. Bribery Act
On April 8, 2010, the United Kingdom passed the U.K. Bribery Act 2010 (U.K. Bribery Act) into law.41 The U.K. Bribery Act was immediately seen as a signal that countries overseas had "a desire . . . to fight bribery in a more aggressive manner."42 Among the Act's anti-bribery provisions is a prohibition on "being bribed."43 Section 2 of the Act lays out the demand-side prohibition, stating that an individual is guilty of an offense if he or she "requests, agrees to receive or accepts a financial or other advantage intending that, in consequence, a relevant function or activity should be performed improperly."44 The Act further clarifies that this conduct is illegal regardless of whether it is conducted through a third party or is obtained for the advantage of another party.45
The U.K Bribery Act "has been characterized as the strictest anti-corruption legislation to date."46 It covers both the demand and supply sides of a bribe, while the FCPA only covers the supply side.47 Furthermore, the U.K. Bribery Act criminalizes the bribery of both "domestic and foreign government officials," as well as "commercial bribery."48 The most controversial aspect of the law is its broad jurisdictional reach. It not only applies "to acts by British citizens and organizations, but also to acts by companies that do business" in the U.K.49 Penalties for violating the Act "include unlimited fines for companies and individuals and a term of imprisonment of up to [ten] years for individual defendants."50
On March 14, 2019, the House of Lords' Select Committee on the Bribery Act of 2010 issued a report on post-legislative scrutiny.51 Among its many findings, the Committee reported that from 2011 to 2017, twenty-two defendants were proceeded against under Section 1, the Act's supply-side provision.52 Fourteen of these defendants were found guilty and sentenced.53 Comparatively, fourteen defendants were proceeded against under Section 2, the Act's demand-side provision, during this same period.54 All fourteen of theoe defendants were found guilty, thirteen of whom were sentenced.55 This data provides practical insight into the early trends of demand-side prosecution.
According to this report, about 39% of the cases brought under the U.K. Bribery Act between 2011 and 2017 were against demand-side defendants, and 100% of those prosecutions resulted in a conviction.56 Meanwhile, supply-side cases accounted for approximately 61% of total prosecutions, but had only a 64% conviction rate.57 These findings are by no means predictive of U.S. prosecutions under the FEPA, but they still provide real insight into how the bill could function as law.
The U.K. Bribery Act is a useful analog for FEPA proponents and opponents alike. While neither the Act, nor the House of Lords' Report prove that the law is an effective deterrent, it is safe to assume (as the Report does) that there is at least some deterrent effect.58 This, coupled with the Act's successful demand-side conviction rate, presents a strong case for enacting the FEPA.
B. The OECD Anti-Bribery Convention & the International Community
The OECD Anti-Bribery Convention (OECD Convention) was signed on December 17, 1997.59 The OECD Convention is "considered the foremost global legal instrument for fighting the supply side of foreign bribery."60 While the OECD Convention provides guidelines for multinational enterprises to combat bribe solicitation and extortion,61 its actual offenses focus solely on the supply side.62 The OECD Convention has inspired many of its member countries—and even some non-member countries—to enhance their domestic anti-bribery laws. In fact, the 1998 FCPA Amendments were adopted in response to the OECD Convention.63 However, like the FCPA, the OECD Convention still only focuses on one half of the bribe.
In 2018, OECD published a study regarding the foreign bribery enforcement of receivers.64 The study candidly acknowledged the OECD Convention's shortcomings, stating that "[t]o have a globally effective overall enforcement system, both the supply-side participants . . . and the demand-side participants . . . of bribery transactions must face genuine risks of prosecution and sanctions."65 The OECD study notes that there is a higher deterrent effect if both sides of the transaction face legal risks.66 At least in theory, receivers are less likely to demand bribes because if the supply side is detected, so too will the demand side.67 In so doing, law enforcement creates "mutually reinforcing outcomes" by punishing both sides of the crime.68
Many foreign governments already have demand-side anti-bribery laws in place, even though OECD is only just beginning to explore demand-side enforcement recommendations. For example, the U.K., the Netherlands, France, and Switzerland all already have demand-side laws.69 The United Nations Convention Against Corruption (U.N. Convention) has also recommended demand-side enforcement since 2004.70 Article 16 of the U.N. Convention recommends criminalizing both the "offering or giving to" and "the solicitation or acceptance by a foreign public official or an official of a public international organization."71
Still, many nations have yet to implement demand-side laws. For example, Brazil's anti-bribery law, Brazilian Law No. 12.846 (Clean Company Act), remains supply-side focused, even though it was passed as recently as August 1, 2013.72 The Clean Company Act includes provisions against both domestic and foreign corporations, extraterritorial jurisdiction, and even strict liability in specific circumstances.73 Yet, the Act still only addresses half of the bribe. Therefore, if Congress were to enact the FEPA, it would simultaneously realign the U.S. with the international community's best practices and reestablish itself as a global anti-corruption leader.
IV. Analysis of the Foreign Extortion Prevention Act as Legal Policy
A. Arguments Counseling in Favor of Enactment
1. Better Protection and Better Competition Outcomes for U.S. Companies
Perhaps the best argument in favor of enacting the FEPA is that it better protects honest U.S. companies stuck between liability under the FCPA and losing business as a result of foreign extortion. Today, "honest businesses . . . are increasingly faced with illegal demands from foreign officials in corrupt regimes and unscrupulous competition from companies, including state-owned enterprises."74 Honest U.S. companies are often at a competitive disadvantage because of the supply-side focus of U.S. anti-bribery laws. This disadvantage is furthered by the systemic nature of foreign bribery. For example, it is frequently the case that "[f]oreign officials who take bribes . . . share a portion of their illegal proceeds with their superiors, and [the receiving] officials frequently threaten to expose the higher-ups with whom they shared if they are not protected."75
U.S. companies are often in competition with corrupt foreign companies for business from corrupt foreign officials. These companies are forced to lose out on international business opportunities in order to comply with the United States' imbalanced supply-side bribery laws. It is in this context that the Foreign Extortion Prevention Act offers relief. It does so by creating a means to rebalance the scales. As Representative John Curtis, one of the bill's cosponsors, states, "[c]urrently, a business being extorted for a bribe can only say 'I can't pay you a bribe because it is illegal and I might get arrested.'"76 But now, the FEPA will enable that same company "to add, 'and so will you.'"77
The FEPA's potential for relief is mostly speculative and would not be known for several years after enactment. However, a recent OECD survey considered the impact that demand-side enforcement has in countries with comparable laws. It reported that receivers "are known to have been sanctioned in only one fifth of the [fifty-five] schemes" studied.78 The survey also concluded that information sharing between "demand-side and supply-side enforcement authorities is often slow," and that the sanctioning of receivers largely "poses the same enforcement challenges as sanctioning supply-side bribers."79
Ultimately, it is uncertain that the FEPA will deliver the relief it claims. Section IV.B.3 presents one of the bill's primary obstacles—the presumption against extraterritoriality. Nevertheless, at a minimum, the FEPA would be a symbolic step towards rebalancing the inequities of the global marketplace and protecting honest U.S. companies.
2. The International Community
As discussed in Section III.B, the FEPA would help align U.S. anti-bribery laws with the international community's best practices, and simultaneously reestablish the U.S. as a global anti-corruption leader. If the bill is enacted, U.S. law will prohibit domestic bribery of public officials under 18 U.S.C. §201, the supply side of foreign bribery under the FCPA, and the demand side of foreign bribery under the FEPA. This would realign U.S. anti-bribery laws with nations like the U.K. and international agreements like the U.N. Convention. The FEPA is not only a symbolic step in the global fight against corruption, it is also a practical means to increasing global prosecutions.
The FEPA would effectively pressure foreign nations to prosecute bribery offenses. As Representative Richard Hudson, one of the FEPA's cosponsors, explained, "a U.S. indictment can help the forces of the rule of law in other countries to root out corruption by pressuring the domestic government in question to charge the individual."80 The pervasive and systematic nature of foreign bribery schemes makes this an essential means to ending global corruption. According to Representative Hudson, "[e]ven if a kleptocrat cannot be immediately extradited, a U.S. indictment serves as a play-by-play of the crime committed that can be used to support additional measures—such as sanctions—and can force transnational criminals to think twice before traveling abroad to spend their ill-gotten gains."81 Therefore, the FEPA would provide meaningful assistance to demand-side prosecutions in the U.S. and abroad.
3. One Clear Anti-Bribery Policy
If enacted, the FEPA would establish one coherent and consistent anti-bribery policy in the United States. Currently, only the supply side of a bribe to a foreign official is punishable under the FCPA. While resourceful prosecutors are able to use FCPA-related crimes to pursue justice against receivers, the lack of an explicit prohibition on foreign extortion undercuts the rationales for prohibiting bribery. The FEPA will make the U.S. policy against foreign bribery unequivocally clear, while also simplifying criminal prosecutions. It will add another tool to the prosecutor's toolbox and reduce the need to resort to the litany of FCPA-related crimes. In sum, if the FEPA is passed into law, and then enforced as law, "it would address a long-standing complaint by the individuals and companies that often face prosecution while the [demand-side] foreign officials remain untouchable."82
B. Arguments Counseling Against Enactment
1. Imbalanced Penalties
The Foreign Extortion Prevention Act states that whoever violates Section 2(f) "shall be fined under this title or imprisoned for not more than two years or both."83 Fines under the FEPA will likely be comparable to the FCPA, but prison sentences will likely be substantially shorter.
The FEPA's fine structure is set pursuant to title 18 of the U.S. Code. Under 18 U.S.C. §3571(b)(3) the maximum fine for an individual committing a felony is $250,000, while the maximum fine for an organization committing the same crime is $500,000 under Section 3571(c)(3).84 However, Section 3571(d) states that "[i]f any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss," so long as it does not unduly complicate or prolong the sentencing process.85
As the FCPA Resource Guide notes, under Section 3571(d) "courts may impose significantly higher fines than those provided by the FCPA."86 Prosecutors seeking particularly heavy fines for FCPA charges can still pursue increased fines under the alternative fine structure, but the prosecution has the burden of proving that the case merits exceptional fines. Under the text of the FCPA, each violation of the anti-bribery provisions subjects corporations or other business entities to fines up to $2 million.87 Meanwhile, "[i]ndividuals, including officers, directors, stockholders, and agents of companies, are subject to a fine of up to $250,000."88
At bottom, the fine structures for the FEPA and the FCPA are reasonably comparable.89 Prosecutors in FEPA cases would likely have more success levying exceptionally heavy fines under Section 3571(d), than prosecutors in FCPA cases. But, the FCPA's maximum fine for business entities is four times larger than its Section 3571(c)(3) counterpart. Furthermore, the FCPA and the FEPA both subject individuals to a maximum of $250,000. Finally, prosecutors can pursue fines under Section 3571(d) for both FEPA and FCPA convictions.
Perhaps the more controversial disparity between the FEPA and the FCPA is the difference in potential prison sentences. Under the FEPA an individual shall not be imprisoned for more than two years; however, under the FCPA, individuals can be sentenced to "imprisonment for up to five years."90 Accordingly, bribers would be able to receive prison sentences up to two and a half times the length of their receiving counterparts. By providing lesser sentences for receivers, the FEPA weakens its own ability to level the playing field for U.S companies. Although the FEPA would still disincentivize receivers from committing extortion, it would leave the same, albeit smaller, imbalance in place.
Under the FEPA, receivers would still have less risk of liability for conducting economic extortion than bribers would have for acceding to it. If Congress' primary intent is to support U.S. companies abroad, then it should take steps to increase the penalties for receivers.
2. Different Standards Under the FEPA and the FCPA
The FEPA's use of the FCPA's definitions for "foreign official" and "public international organization," as well as statements by the bill's cosponsors indicate that the FEPA is intended to function as the FCPA's other half. However, the FEPA's text creates a subtle, but potentially significant discrepancy between the enforcement actions of the supply and demand sides.
Section 2(2) of the Act criminalizes extortion "in return for—(1) being influenced in the performance of any official act; or (2) being induced to do or omit to do any act in violation of the official duty of such official or person."91 As Professor Mike Koehler has commented, the FEPA adds a qualifying element for receivers that is different than the FCPA.92 Specifically, receiver liability is qualified by an "official duty" or an "official act." By comparison, the FCPA criminalizes supplying a bribe to any foreign official for purposes of—
(A)(i) influencing any act or decision of such foreign official in his official capacity, (ii) inducing such foreign official to do or omit to do any act in violation of the lawful duty of such official, or (iii) securing any improper advantage; or
(B) inducing such foreign official to use his influence with a foreign government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality,
in order to assist such issuer in obtaining or retaining business for or with, or directing business to, any person.93
At first glance, the FCPA's qualifiers appear to encompass the FEPA's qualifiers. Both the FEPA and the FCPA qualify criminal liability with official duties and acts. Yet, the FCPA also broadly describes the inducement of a foreign official's misuse of influence as a qualifier. More generally, it is unclear if Congress intends for the FEPA to have the same standard as the FCPA (just in less words) or a different one.
This is a significant textual discrepancy, which in turn, will create a significant discrepancy in the prosecution outcomes of receivers and bribers. As Professor Jessica Tillipman writes in reference to the FEPA, "[t]here is no compelling reason for this different standard, and creating one adds an unnecessary hurdle for prosecutors."94 The FEPA's proposed standard decreases its ability to solve the problems it was drafted to fix. It is unclear why Congress is proposing a new standard unless it considers the FEPA's new standard a necessary simplification of the FCPA's current standard. If this is the case, then a new amendment to the FCPA could be on the horizon.
3. Foreign Jurisdictional Obstacles
As Professor Koehler has noted, the FEPA "is sure to suffer from jurisdictional hurdles in prosecuting corrupt foreign officials and butt up against the presumption against extraterritoriality."95 The presumption against extraterritoriality "is a longstanding principle of American law 'that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.'"96 It applies across the board, even when "there is a risk of conflict between the American statute and a foreign law."97 To rebut the presumption, the statute must "evince a clear indication of exterritoriality."98
If enacted, the FEPA will likely struggle to rebut this presumption. The presumption against extraterritoriality is typically applied when Congress seeks to "regulate[] conduct" abroad.99 Here, the FEPA is intended to regulate the conduct of receivers abroad and afford relief. However, the FEPA's text and history do not expressly rebut the presumption. While the bill generally uses broad language, it does not directly state that it has exterritorial application. Courts may still find that the FEPA's purpose and relationship to the FCPA imply such application, but if the current language is passed into law, it is likely that any extraterritorial application will be highly contested.
Furthermore, from a practical standpoint, even if the presumption against extraterritoriality is rebutted, the FEPA will have a weak jurisdictional reach without buy-in from foreign nations. Many countries such as Brazil and the U.K. already have anti-bribery laws with extraterritorial reach. The FCPA itself has extraterritorial application. However, international assistance is circumstance dependent, and will likely diminish when the enforcement action is against a foreign receiver, especially if he or she is connected to the foreign nation's government. As some FCPA observers have noted, "[u]nless the assets derived from the offense or the defendant is within the jurisdiction, the effects of prosecution may remain largely symbolic."100
In theory, the Foreign Extortion Prevention Act is a beneficial addition to U.S. anti-bribery laws. By criminalizing the demand side of a bribe, the FEPA completes what the FCPA started. If enacted, together the FEPA and the FCPA will criminalize the whole bribe. This will simplify bribery prosecutions by lessening the need for FCPA-related crimes and will create a more unified anti-bribery policy. The FEPA will also create a larger deterrent by creating "mutually reinforcing outcomes" for prosecutors. Finally, the FEPA will better align U.S. anti-bribery laws with the anti-bribery laws of its international counterparts, while simultaneously reestablishing the U.S. as an anti-corruption leader. In theory, the FEPA should be seen as an important and beneficial step in the right direction.
However, in practice, the FEPA has significant shortcomings. First, the FEPA's punishment provision will create a large imbalance between bribers and receivers. In doing so, it weakens its own value as a deterrent because receivers will still be risking less during an illegal transaction. Furthermore, the FEPA faces significant jurisdictional enforcement concerns. The presumption against extraterritoriality, coupled with the unknown level of international cooperation, creates significant doubt as to whether the FEPA would be successful. Therefore, if the Foreign Extortion Prevention Act is enacted, U.S. lawmakers should view this law as a first step, not a final one.
a Candidate for Juris Doctor, Notre Dame Law School, 2021; Bachelor of Arts in Political Philosophy, Policy, and Law, University of Virginia, 2016.
1. Foreign Extortion Prevention Act, Congress.gov, https://www.congress.gov/bill/116th-congress/house-bill/4140/actions?q={%22search%22:[%22The+Foreign+Extortion+Prevention+Act+–+H.R.+4140%22]}&r=1&s=8&KWICView=false (last visited Aug. 2, 2020).
2. Foreign Extortion Prevention Act, H.R. 4140, 116th Cong. (2019).
3. See supra note 1.
4. Foreign Corrupt Practices Act of 1977, Pub. L. No. 95-213, 91 Stat. 1494 (1977) (codified as amended at 15 U.S.C. §§ 78dd-1, 78dd-2, 78dd-3, 78ff, 78m(b), (d)(1), (g)–(h) (2012)) [hereinafter Foreign Corrupt Practices Act].
5. See id.
6. Robin Miller, Annotation, Construction and Application of Foreign Corrupt Practices Act of 1977, 6 A.L.R. Fed. 2d 351 (2005).
7. Bribee, Black's Law Dictionary (11th ed. 2019). For its part, a "briber" is "someone who offers a bribe." Id.
8. Miller, supra note 6.
9. Barr Benyamin et al., Foreign Corrupt Practices Act, 53 Am. Crim. L. Rev. 1333, 1335 (2016) (citing 15 U.S.C. § 78dd-1(a) (1998); id. § 78dd-2(a); id. § 78dd-3(a)).
10. Lucinda A. Low & Timothy P. Tenkle, U.S. Antibribery Law Goes Global, Bus. L. Today 14, 17 (1999).
11. Benyamin et al., supra note 9, at 1344.
12. Id. at 1345.
13. See, e.g., United States v. Kay, 359 F.3d 738, 755 (5th Cir. 2004) (holding that "Congress intended for the FCPA to apply broadly to payments intended to assist the payor").
14. Memorandum from Sally Quillian Yates, Former Deputy Attorney General, U.S. Dep't of Justice, on Individual Accountability for Corporate Wrongdoing to Assistant Attorney Generals and U.S. Attorneys (Sept. 9, 2015), https://www.justice.gov/archives/dag/file/769036/download [hereinafter Yates Memorandum].
15. Bridget Vuona, Foreign Corrupt Practices Act, 56 Am. Crim. L. Rev. 979, 1011 (2019) (emphasis added) (quoting DEBEVOISE & PLIMPTON, The "Yates Memorandum": Has DOJ Really Changed Its Approach to White Collar Criminal Investigations and Individual Prosecutions? (Sept. 2015), at 2, https://www.debevoise.com/insights/publications/2015/09/the-yates-memorandum-has-doj-really-changed).
16. Yates Memorandum, supra note 14, at 4.
17. Gibson Dunn, 2019 Year-End FCPA Update 2 (Jan. 6, 2020), https://www.gibsondunn.com/wp-content/uploads/2020/01/2019-year-end-fcpa-update.pdf.
19. Gibson Dunn, 2009 Year-End FCPA Update (Jan. 4, 2010), https://www.gibsondunn.com/2009-year-end-fcpa-update/.
20. Id. at 3.
22. Id.; Gibson Dunn, 2018 Year-End FCPA Update (Jan. 7, 2019), https://www.gibsondunn.com/2018-year-end-fcpa-update/.
23. Karen E. Davis, Civil Remedies for Corruption in Government Contracting: Zero Tolerance Versus Proportional Liability 29 (NYU Law School, Working Paper No. 09-22), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1393326.
24. Tor Krever, Curbing Corruption? The Efficacy of the Foreign Corrupt Practices Act, 33 N.C. J. Int'l L. & Com. Reg. 83, 84 (2007).
25. 18 U.S.C. § 201 (2012).
26. Foreign Extortion Prevention Act, supra note 2, at § 2.
27. Id. (emphasis added).
28. See 18 U.S.C. § 201(a)(1) (2012) (defining "public official"); see also Padideh Ala'i, Civil Consequences of Corruption in International Commercial Contracts, 62 Am. J. Comp. L. 185, 187–88 (2014).
29. See Ala'i, supra note 28, at 186.
30. Compare Foreign Extortion Prevention Act, supra note 2, at § 2(1), with Foreign Corrupt Practices Act, supra note 4, at §§ 78dd-1(f), 78dd-2(h), 78dd-3(f).
31. Crim. Div. of the U.S. Dep't of Just. and the Enf't Div. of the U.S. Sec. and Exch. Comm'n, A Resource Guide to the U.S. Foreign Corrupt Practices Act 27 (2d ed. 2020), https://www.justice.gov/criminal-fraud/file/1292051/download [hereinafter FCPA Resource Guide].
32. Id. (quoting S. Rep. No. 95-114, at 11 (1977)).
33. United States v. Kozeny, 582 F. Supp. 2d 535, 540 n.31 (S.D.N.Y. 2008).
34. Press Release, U.S. Helsinki Commission, Representatives Jackson Lee, Curtis, Malinowski, and Hudson Introduce Foreign Extortion Prevention Act (Aug. 2, 2019), available at https://www.csce.gov/international-impact/press-and-media/press-releases/representatives-jackson-lee-curtis-malinowski.
38. Ropes & Gray, The Foreign Extortion Prevention Act: Broadening the Scope of Prosecutions? (Sept. 6, 2019), https://www.ropesgray.com/en/newsroom/alerts/2019/09/The-Foreign-Extortion-Prevention-Act-Broadening-the-Scope-of-Bribery-Prosecutions.
39. See U.S. Const. art. I, § 8, cl. 3.
40. See infra Section IV.A.2.
41. Bribery Act 2010, c. 23 (U.K.), http://www.legislation.gov.uk/ukpga/2010/23/introduction.
42. Jon Jordan, Recent Developments in the Foreign Corrupt Practices Act and the New UK Bribery Act: A Global Trend Towards Greater Accountability in the Prevention of Foreign Bribery, 7 N.Y.U. J.L. & Bus. 845, 864 (2011).
43. Bribery Act 2010, c. 23, § 2 (U.K.).
44. Id. § 2(1)–(2).
45. Id. § 2(6)(a)–(b).
46. Sharifa G. Hunter, A Comparative Analysis of the Foreign Corrupt Practices Act and the U.K. Bribery Act, and the Practical Implications of Both on International Business, 18 ILSA J. Int'l & Comp. L. 89, 109 (2011).
47. Lawrence J. Trautman & Joanna Kimbell, Bribery and Corruption: The COSO Framework, FCPA, and U.K. Bribery Act, 30 Fla. J. Int'l L. 191, 210 (2018).
48. Jordan, supra note 42, at 864.
49. Ryan J. Rohlfsen, Recent Developments in Foreign and Domestic Criminal Commercial Bribery Laws, 2012 U. Chi. Legal F. 151, 158 (2012).
50. Lawrence J. Trautman & Kara Altenbaumer-Price, Lawyers, Funs, and Money: The Bribery Problem and the U.K. Bribery Act, 47 Int'l Law. 481, 502 (2013) (quoting Gibson Dunn, 2010 Year-End FCPA Update (Jan. 3. 2011), http://www.gibsondunn.com/publications/pages/2010Year-EndFCPAUpdate.aspx).
51. The Bribery Act 2010: Post-Legislative Scrutiny, HL Paper 303 (Mar. 14, 2019), available at https://publications.parliament.uk/pa/ld201719/ldselect/ldbribact/303/303.pdf.
52. Id. at 16.
59. Org. for Economic Coop. & Dev. (OECD), Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, at 3, 37 I.L.M. 1 (Dec. 17, 1997), http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf [hereinafter OECD Convention].
60. OECD, Foreign Bribery Enforcement: What Happens to the Public Officials on the Receiving End? 9 (2018).
61. See OECD Convention, supra note 59, at § VII.
62. See id. at art. 1.
63. Michael P. Van Alstine, Treaty Double Jeopardy: The OECD Anti-Bribery Convention and the FCPA, 73 Ohio St. L.J. 1321, 1327–29 (2012) (explaining how Congress conformed the FCPA to the OECD Convention).
64. OECD, supra note 60.
65. Thomas Firestone & Maria Piontkovska, Two to Tango: Attacking the Demand Side of Bribery, Am. Interest (Dec. 17, 2018) (quoting OECD, supra note 60, at 9), https://www.the-american-interest.com/2018/12/17/two-to-tango-attacking-the-demand-side-of-bribery/.
69. Jessica Tillipman, No Easy Solutions to the Scourge of Demand-Side Bribery, FCPA Blog (Aug. 27, 2019, 12:38 PM), https://fcpablog.com/2019/08/27/no-easy-solutions-to-the-scourge-of-demand-side-bribery/.; see also U.S. Helsinki Commission, supra note 34.
70. See generally United Nations Convention Against Corruption, Sept. 2004, available at https://www.unodc.org/documents/brussels/UN_Convention_Against_Corruption.pdf.
71. Id. at art. 16.
72. Zachary B. Tobolowsky, Brazil Finally Cleans Up Its Act with the Clean Company Act: The Story of a Nation's Long-Overdue Fight Against Corruption, 22 L. & Bus. Rev. Am. 383, 384 (2016) (citing Lei No. 12.846, de 1 de Agosto de 2013, Diario Oficial da Uniao de 2.8.2013 (Braz.)).
73. Baker McKenzie, Brazil's Clean Company Act: How U.S., U.K., and Global Models May Influence Enforcement 3 (July 14, 2014), https://www.bakermckenzie.com/-/media/files/insight/publications/2015/10/global-issue-spotting-for-automotive-parts/brazilcleancompanyact.pdf?la=en.
74. Firestone & Piontkovska, supra note 65.
76. U.S. Helsinki Commission, supra note 34.
78. OECD, supra note 60, at 7.
82. Tillipman, supra note 69.
83. Foreign Extortion Prevention Act, supra note 2, at § 2(f).
84. 18 U.S.C. § 3571(b)(3), (c)(3) (2012).
85. Id. § 3571(d).
86. FCPA Resource Guide, supra note 31, at 69.
87. Id. (citation omitted).
89. Of note, there are basic limitations in comparing the FCPA's specific penalty provisions to the FEPA's general fine structure under title 18.
90. 15 U.S.C. §§ 78dd-2(g)(2)(A), 78dd-3(e)(2)(A), 78ff(c)(2)(A) (2012).
91. Foreign Extortion Prevention Act, supra note 2, at § 2(2) (emphasis added).
92. Bill Seeks to Capture the Demand Side of Foreign Bribery Through Amendment to 18 USC 201, FCPA Professor (Aug. 5, 2019), http://fcpaprofessor.com/bill-seeks-capture-demand-side-foreign-bribery-amendment-18-usc-201/.
93. 15 U.S.C. § 78dd-1(a); see also id. §§ 78dd-2(a), 78dd-3(a).
95. FCPA Professor, supra note 92.
96. Morrison v. Nat'l Austl. Bank Ltd., 561 U.S. 247, 255 (2010) (quoting EEOC v. Arabian Am. Oil Co., 499 U.S. 244, 248 (1991)).
97. RJR Nabisco, Inc. v. European Cmty., 136 S. Ct. 2090, 2100 (2016) (quoting Morrison, 561 U.S. at 255).
98. Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108, 118 (2013) (quoting Morrison, 561 U.S. at 264–65).
99. Id. at 108, 116.
100. Anton Moiseienko, When Should Foreign Bribe-Takers Be Prosecuted?, FCPA Blog (Sept. 11, 2019, 12:38 PM), https://fcpablog.com/2019/09/11/when-should-foreign-bribe-takers-be-prosecuted/.
The author would like to thank Professors Kathleen Rice Mosier and John Ross for all of their helpful feedback and guidance, the University of Illinois Law Review for their diligent edits, and his family for their encouragement and support.
The full text of this Article is available to download as a PDF.


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The environmental studies program's Forum for Living with Appropriate Technonlogy (FLAT) practicum is a sustainable demonstration house located in Missoula, Montana, and run by students from the university of Montana. Project successes include a converted two-car garage turned passive solar community gathering place, solar panel and pellet stove installations and permaculture via a prodigious garden, greenhouse and hot bed.


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Headlines Opinion
5 Dead Video Game IPs Capcom Needs to Revive Immediately
William White in Gaming News & OpinionsGaming Opinion October 20, 2019, 9:57 PM
Capcom says that it wants to revive more of its dead video game series, and we have a perfect list of candidates for just such a plan. | Credit: Reuters/Issei Kato
The recent Capcom Integrated Report reveals that it wants to revive more of its dead IPs. The company's 40-year history of making video games means that it has a wealth of options to chose from. Plus, it has plenty of genres that could appeal to a large number of gamers.
1. Dino Crisis
A revival of the Dino Crisis franchise only makes sense for Capcom. Its ties to the Resident Evil series are strong, and the recent remake of "Resident Evil 2" provides Capcom with the perfect groundwork for a new Dino Crisis game. There's also the possibility that it could use this engine to remake the original Dino Crisis as a way to draw in new fans to the games.
2. Viewtiful Joe
Capcom's 2D, Super Sentai-inspired beat'em up hasn't seen a new game since late 2005's "Viewtiful Joe: Double Trouble!" for the Nintendo DS. The more retro style of the game could work out well for the company on the Nintendo Switch. Adding to that is Hideki Kamiya, director of the original "Viewtiful Joe," expressing interest in remaking the game back in 2017.
3. Breath of Fire
Capcom has been largely ignoring the turn-based RPG genre for quite some time now, but this could be a chance for it to dive back in. The Breath of Fire series is one of its oldest, starting on the Super Nintendo in 1993, and is in need of a new game. There was "Breath of Fire 6" in 2016, but that was a Japan-only mobile game far from a true entry in the franchise.
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4. Darkstalkers
Capcom's Darkstalkers was just never able to catch a break. It features a wealth of interesting characters, including largely recognizable ones like Morrigan and Felicia, as well as a deep lore. Unfortunately, it came out during a time when the fighting game market was flooded. There also wasn't the same hype around the genre. With fighting game tournaments, such as Evolution Championship Series (EVO), gaining more attention, this could be the perfect time for the series to make a comeback.
5. Onimusha
Right now is the perfect time for Capcom to bring Onimusha back as a AAA game. Rather than making an action hack-n-slash title like later games in the series, Capcom can return to its roots. The deliberate combat of the first games and survival horror aspects would likely go over well with fans of Soulsborne-style games. A recent remaster of the "Onimusha: Warlords" could be Capcom's way of testing the waters for a new entry.
These are my top picks for dead IPs Capcom needs to revive, but they are far from the only candidates. Ghosts'n Goblins, Bionic Commando and any of the various overlooked Mega Man subseries could also do with new games. Here's hoping Capcom revives at least one of these series in the near future.
While these series are currently dead, there was one announcement Friday morning that Capcom fans need to know about. Hideki Kamiya, the director of "Okami," announced that he is planning to release a sequel to the 2006 classic.
Last modified: September 23, 2020 1:11 PM
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William White: William White comes from Southeast Ohio and is a graduate of Washington State Community College. He's been writing professionally for over 10 years and his current focus is on the gaming industry.
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Q: Swift - A function to work out probability given defined percentages I'm trying to understand the formula for what I wish to accomplish. Although, we cannot exactly account for this being factual, it would help give an insight into better analysis. To make it easier to understand I'll outline a scenario:

*

*I buy a pack of Pokemon cards

*Each pack of cards has 10 cards

*The chance of me getting a Charizard is 1.1%. Whilst I have 100% chance of getting a Pokemon card, a 60% chance of getting a rare card and a 4.3% chance of getting a shiny card.

How many packs would I need to purchase to have the best % of packing a Charizard? Given my odds of 100%, 60%, 4.3% and 1.1%.
Although, this appears to be a maths question, I am trying to write a code/function for this in Swift. Where I can input the values/percentages.

A: The answer is, buy an infinite number of packs. As the number of packs of cards goes up, the probability of getting at least 1 Charizard goes up, by very small increments, but it is never certain. (as the number of packs you purchase approaches infinity, your probability of getting at least 1 Charizard asymptotically approaches 1, or 100%.)
I belive you figure it like this:
A probability of getting a card is 1.1% That means the probability of NOT getting that card is 100-1.1, or 98.9% (or 0.989)
Each time you get a pack, your probability of NOT getting a Charizard should be
0.989number_of_packs
(0.989 raised to the number_of_packs_purchased power)
After 10 packs, your probability of NOT getting a Charizard would be 0.98910, or ≈0.895 (89.5%, which means your chance of GETTING a Charizard wold be 100%-89.5% = 10.5%)
After purchasing 100 packs, your probability of not getting a Charizard would be 0.989100, or about 0.33, or about a 66% chance of getting a Charizard


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Gambit used pvm as its intermediate language.


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Home » Directory » Williamstown Historical Society
Williamstown Historical Society
5 Electra Street, Williamstown VIC, 3016
5 Electra Street Williamstown Victoria 3016 AU
(03) 9397 1534 – Answering machine, checked on Wed(03) 9397 1534 – Answering machine, checked on Wed
williamstownhistsocietyvic@gmail.com
https://www.williamstownhistsoc.org.au/
Kate Watson, Secretary
Established in 1956, the Williamstown Historical Society was established to highlight the diverse activities of the inhabitants of this historic seaport. The collection includes photographs, paintings, artefacts, models and sporting memorabilia.
The purpose of the Williamstown Historical Society and Museum is to preserve the history of Williamstown, Newport and Spotswood for future generations through the collection, discovery, identification, study, understanding, classification, documentation, preservation, exhibition and interpretation of objects and documents of historical significance relating to Williamstown, Newport and Spotswood.
The Museum is a source of knowledge, ideas, stories and memories. It is developed and managed as a community resource to inspire, educate and inform the community and visitors, and to contribute to the conservation of the history and heritage of the district.
The museum is housed in the two-storey heritage listed building at 5 Electra Street, built in 1860 as a Mechanics Institute and Library.
Please note that the Museum is currently closed due to major restoration of the building being undertaken by the Hobsons Bay City Council. We are expecting to hopefully reopen in 2021.
St John Museum
Corner of The Esplanade & Garden St Williamstown, Vic 3016 0.6 km
museum@stjohnvic.com.au
https://www.stjohnvic.com.au/st-john-museum.asp
Discover the rich history of St John Ambulance in Victoria from the perspective of the many gener...
Allan Mawdsley KStJ, Museum Secretary
St John Ambulance Historical Society (Vic)
PO Box 514 Williamstown VIC 3016 Australia 1.29 km
Dr Allan Mawdsley
26 Champion Road, Newport VIC, Australia 1.4 km
Port Melbourne Historical and Preservation Society
Port Melbourne Town Hall, 333 Bay Street, Port Melbourne Vic. 3207 5.09 km
pmhps@pmhps.org.au
www.pmhps.org.au
Formed in 1993 to preserve the identity of this historic port town in the face of amalgamation. ...
Emma Teasdale, Secretary
Cinema & Theatre Historical Society Inc
Yarraville VIC, Australia 5.11 km
caths@caths.org.au
http://www.caths.org.au/
The Cinema and Theatre Historical Society of Australia Inc. was formed in Melbourne, Australia in...
Steiglitz Historical Society
PO Box 187 Yarraville Vic 3013 Australia 5.18 km
back2steiglitz@hotmail.com
Middle Park History Group Inc.
Middle Park VIC 3206, Australia 5.78 km
middleparkhistorygroup@gmail.com
http://www.middleparkhistory.org/
Our aims: Promote awareness and the preservation of Middle Park history. Involve and encourage t...
Polish Museum and Archives in Australia
296 Nicholson Street, Footscray, Victoria 3011 6.06 km
polishmuseumarchivesaustralia@gmail.com
https://www.polishmuseumarchives.org.au/
The Polish Museum and Archives in Australia was established in 1991 as an initiative of a number ...
128 Queen Street, Altona VIC 6.15 km
Kastellorizian Association of Victoria
250 Dorcas Street, South Melbourne VIC 3205, Australia 6.28 km
info@kazzieclub.com
https://kazzieclub.com/
The Kastellorizian Association of Victoria was established in 1925 to give assistance to the fled...
Florence Livery, KAV Archivist
Footscray Historical Society Inc
66 Napier Street, Footscray VIC 3011, Australia 6.68 km
foothist@bigpond.com
http://footscrayhistoricalsociety.org.au/
The Footscray Historical Society Inc was formed at a public meeting in 1968. The Society actively...
Steve Wilson, Secretary
The Friends of the Royal Botanic Gardens, Melbourne Inc.
100 Birdwood Avenue Melbourne VIC 3004 Australia 7.61 km
friends@frbgmelb.org.au
100 Birdwood Avenue, Melbourne 3004 7.61 km
History Council of Victoria
239 A'Beckett Street Melbourne 7.78 km
info@historycouncilvic.org.au
http://www.historycouncilvic.org.au/
The History Council of Victoria Incorporated (HCV) is the peak body for history in the Australian...
Alicia Cerreto (Executive Officer)
Oral History Victoria
c/- RHSV - 239 A'Beckett Street ,Melbourne 3000 7.81 km
contact@oralhistoryvictoria.org.au
St Kilda Historical Society
150 Carlisle Street, St Kilda VIC, Australia 7.88 km
info@stkildahistory.org.au
https://www.stkildahistory.org.au/
The St Kilda Historical Society Inc. is a not-for-profit volunteer run organisation established i...
Flinders Street & Swanston Street, Melbourne VIC, Australia 7.93 km
Friends of La Trobe's Cottage
Melbourne 7.95 km
foltc@latrobesociety.org.au
https://www.foltc.latrobesociety.org.au/index.html
The 'Friends of La Trobe's Cottage' was formed in 2009 under the umbrella of the C J La Trobe Soc...
Hotham History Project Inc.
c/o North Melbourne Library, 66 Errol Street, North Melbourne 3051 8.07 km
info@hothamhistory.org.au
http://www.hothamhistory.org.au
The Hotham History Project is a community group with an interest in the history of North and West...
Mary Kehoe, Secretary
The CJ La Trobe Society
Melbourne VIC 3004, Australia 8.08 km
info09@latrobesociety.org.au
http://www.latrobesociety.org.au
The C J La Trobe Society Inc. was formed in 2001 to promote understanding and appreciation of the...


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Home » Mapping Evapotranspiration from Satellites
Mapping Evapotranspiration from Satellites
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Innovations in American Government Awards
2009 Innovations in American Government Award Winners
Mapping Evapotranspiration: Innovator's Focus
Mapping Evapotranspiration, Idaho: Finalist Presentation
Fresh water availability is fast becoming the top environmental concern in large areas of the U.S. As climate change and growing populations take their toll, many states are experiencing water shortages. The state of Idaho is both arid and largely agricultural and therefore is faced with making critical decisions about water use. Irrigated agriculture accounts for more than 90 percent of water use in the state.
Evapotranspiration is the water evaporated from soil and transpired from vegetation. It represents the amount of water consumed by irrigated agriculture and other land uses as opposed to water that is diverted or pumped onto land but then quickly returned to its source. Evapotranspiration data is essential for water management, conservation efforts, settling water resource conflicts, and transferring water among users. However, traditional, ground-based methods of measuring evapotranspiration are unreliable, expensive, and take a long time to compute so that one is always using old data.
In collaboration with the University of Idaho, Idaho's Department of Water Resources is the first government agency in the nation to develop and use satellite-based evapotranspiration imagery to analyze water usage in the state. Researchers developed a computer model that uses visual and thermal images from NASA's Landsat satellites. The METRIC (Mapping EvapoTranspiration at high Resolution with Internalized Calibration) model is able to calculate evapotranspiration data on a daily, monthly, or seasonal basis.
Individual Landsat images contain 30 million pixels in which each pixel is 30 square meters. This allows for the accurate and repeatable mapping of water usage for areas as large as 10,000 square miles and as small as a single 40-acre farm field. Previous calculations for quantifying water usage were limited to regional maps with no capability for historical comparison. By tracking usage on a field by field basis, the state can more effectively understand and regulate water use and compare it to past archived usage data. In addition, it is estimated that satellite mapping costs taxpayers one-tenth of previous methods.
It was anticipated that METRIC would have a number of uses, such as determining a water balance for hydrologic modeling, monitoring irrigation water use, and resolving water rights conflicts. However, satellite-based mapping has proven to have a variety of unforeseen applications. These include estimating water use for endangered species and computing evapotranspiration by land use class to help predict trends in future water use. The state's lawyers are even using the evapotranspiration data to help defend water rights decisions. Residents using water in excess of their rights may be more easily tracked and regulated.
Because Landsat images are readily and freely available from the US Geological Survey, the opportunities for other states and even countries to employ this technology are virtually unlimited. Other states have already begun making the investment to train staff on the highly complex METRIC model. And, organizations that are not ready to fully commit can initially purchase a processed evapotranspiration image for evaluation.
DESIGNEE: State of Idaho
JURISDICTION: Idaho
SOURCE: Innovations in American Government Awards
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Q: Drupal: upload multiple images for different nodes? is there a way in Drupal to upload all images first and create multiple nodes from it, and then fill all the nodes with the remaining text areas ?
In this way I don't have to upload the images one by one.
Patrick

A: I'd say "yes" is the answer, but it'll take some work.  I'm not familiar with any pre-built modules for this.  I'd probably start with SWFUpload (http://swfupload.org/) and the jQuery SWFUpload plugin (http://github.com/ifunk/swfupload-jquery-plugin).  Of course this will also require some back-end PHP work.

A: If you wanted to ftp your images then add separate node details per image you could use something like: http://drupal.org/project/filefield_sources to browse to the upload image on each node.


The International Seminar on Digital Diplomacy seeks to facilitate a dialogue on the modern, digital environment in which diplomacy is being practiced, the emergence of new topics around internet communication (such as internet governance, responsiveness to netizens and the like), as well as the use of new data analytics and connectivity tools to enhance the work of practitioners. Special emphasis will be placed on Big Data and its potential to shape innovation, be it through methods, ideas or services, within the scope of diplomatic and international affairs.
What is the potential of big data for diplomacy?
We leave digital footprints everywhere. Modern society is marked by data which is continuously generated through various devices and in numerous ways – such as through social media, Internet browsing, and through satellite images, among others. This is why some call this the Big Data Era.
The Ministry of Foreign Affairs of the Republic of Indinesia ( Indonesian: Kementrian Luar Negeri Republik Indonesia ) is a government ministry responsible for the country's foreign politics.
Pulse Lab Jakarta combines data science and social research to help make sense of our interconnected, interdependent, and complex world. The Lab is a joint initiative of the United Nations and the Government of Indonesia, via United Nations Global Pulse and the Ministry of National Development Planning (Bappenas) respectively.
DiploFoundatoin is a non-profit foundation established by the governments of Malta and Switzerland. Diplo works to increase the role of small and developing states, and to improve global governance and international policy development.


Layering is quintessential to keeping warm during the winter season; cozy up to a cape coat that will help you stay toasty and chic.
Whether you're adding an air of mystery or an extra piece of outerwear to face cooler temperatures, capes provide a statement-making addition to your ensemble. Draw inspiration from Pre-Fall 2013, a season that has seen the strong return of the cloak. Designers such as Ricardo Tisci and Clare Waight Keller have reinvented said frocks for Givenchy and Chloé respectively.
Play with different swooping styles and lengths to create your own cloaked look. For instance, one could opt for a boho-chic vibe as seen in Hedi Slimane's debut collection for Saint Laurent Paris. Experiment with variations to make for a masterfully layered look that is your very own.


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WAIT, WHAT!? Biden Blasted for Calling Airlines Charging Extra for Legroom Racist
'I'm a Man of My Word': Shaq Pays Up On National TV After Losing a Bet on College National Championship Game
The Day the World Stopped Turning: Never Forget 9/11
Chinese Media: Biden Admin will Prevent U.S. Allies from Confronting Beijing
According to an official China state media outlet, a Joe Biden administration will intercede for Beijing, and stop U.S. allies from criticizing the Chinese Communist Party (CCP).
The op-ed notes the lack of reaction from Biden regarding China's excoriation of long-term U.S. allies, such as Australia. Global Times states that Biden's silence shows his compliance because "there is no legitimate reason for Biden to back up Australia's condemnation against China."
Many observers tend to believe that the Biden administration will to some extent ease tensions with China in the future. If so, Australia, the current anti-China pioneer, will very likely find itself in a predicament while laying bare its strategic misjudgments. If Biden adjusts US' China policy, this will force Canberra to reflect and change its previous calculations with Beijing.
Unlike Trump's team with Pompeo, the Biden administration will not expect Australia to treat China in a radical manner with brinksmanship actions that undercut the economy of everyday Aussies.
Biden will surely hope U.S.' allies, including Australia, to keep pace with the U.S. in general and coordinate closely with U.S. strategies.
It is concerning just how nervous China is about Australia, and how eager they are to see a Joe Biden presidency.
Breitbart reports:
From increased Chinese military activity in the Indo-Pacific region to the global spread of the coronavirus and China's refusal to close or police its regional "wet markets," the Australian government has been pressing Beijing hard.
Australia was also the first country to block China's Huawei telecom giant from supplying equipment for its 5G network while Australian warships have been working with the U.S. Navy to curb Chinese aggression in contested waters.
China's reponse has been to threaten Australia's trade interests while portraying Canberra as unblinking lackeys of the U.S. in the Pacific, even going to the extent of manufacturing images of alleged war crimes by Australian soldiers on foreign battlefields.
China sees an end coming soon to an outspoken Australia in the Asia Pacific, as the Global Times notes.
It foresees a time when "tensions with China will be welcome to serve U.S. interests," with Joe Biden as president.
Continue reading on Breitbart News
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Business, international
Abstracts » Business, international
The battle against the bombers
The latest wave of bombings in London, England started in 1988, and since then the incidences have increased every year. Innovation and variation help the IRA avoid detection. M15 will eventually take over anti-terrorist activities from Scotland Yard.
Publisher: Economist Newspaper Ltd.
Publication Name: The Economist (UK)
Subject: Business, international
Planning, Reports, London, England, Irish Republican Army, Bombings, United Kingdom. Security Service
The battle of the som: Central Asia
Kirgizstan's decision to change its currency from rubles to the som has angered its Central Asian neighbors, Uzbekistan, Tajikistan, Kazakhstan and Turkmenistan. All five former Soviet Republics had agreed to change from the ruble at the same time.
Economic policy, Foreign exchange, Kyrgyzstan, Currency swaps
Battle of the newsagents
The impact of proposals to change the way that periodicals are distributed in Britain is examined in detail.
Book, Periodical, and Newspaper Wholesalers, Books, periodicals, & newspapers, Wholesale News Dealers, United Kingdom, Periodical publishing, Periodical wholesalers, Newspaper and periodical wholesalers, Newspaper wholesalers
Abstracts: The price of beauty: cosmetic surgery. The beauty of boredom: New Zealand. The beauty of equations
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In late November I joined Jamie Crawford from Modelinscene Magazine to review Hasselblad's Portfolio Days up at their London Studio in Hoxton. The lion's share of my time is spent 'in the field' (no pun intended) as a landscape photographer. I also photograph weddings, events and location portraiture too. I tend to work with natural light. Working in a studio with professional lighting, apart from some product work, is starting to head out of my comfort zone.
I've previously used Hasselblad film cameras but have no experience with their digital systems so I was a prime candidate for them to demonstrate the ease and quality of their systems and also how easy it is for someone to benefit from their Portfolio Days.
The concept of the Portfolio Days 'allows photographers to not only get their 'hands on a Hasselblad' in a studio environment, but also have exclusive use of the facilities with bookable time slots, allowing photographers to completely dictate the shoot. And what's more, with a model release included within the deal, the resulting images can be used in the photographer's portfolio'.
All of this is offered at £80 per hour. We booked 2x 1hour slots which I think is about right depending on what you would like to achieve. Now with the equipment alone costing you £800 to rent the value of this service becomes quite clear. I'll get onto the cost of owning the equipmenmt a little later.
The Hasselblad Studio was located at 71 Fanshaw Street, N1 just a stones throw from Hoxton Square and about 5-10 minutes from the Tube at Old Street.
I arrived and was introduced to the team. On hand was a technician to talk you through the Hasselblad H5 systems cameras and also the Broncolor Lighting. Hasselblad are the distributors for Broncolor in the UK. I was also introduced to our model for the day Katie Green. Katie is the former face of Wonderbra and the leading light behind the 'Say No to Size Zero' campaign. The Technicians on hand can give you as much or as little assistance as you like. I was happy to let Katie do her thing and concentrate on the photography, using the techies to help with the lighting.
The H5D-60 System was surprisingly easy to use. It initially felt a little ungainly compared to a Canon DSLR but you get used to the balance and weight quite quickly. Focusing was a little different and took some getting used to due to the centre spot focusing and the need to then utilise Hasselblad's True Focus system to re-compose your shot. The system fixes focus on the centre spot and then minimal adjustments through the x and y axis are compensated for when recomposing, maintaining focus.
Exposure was set for a fixed point (handily between two pillars) and the camera was set as 1/250 and f11. I used a variety of Hasselblad glass on the day and the combination produced some very sharp images, so sharp that my 'beauty retouching' was under pressure when I came to edit. The quality of the files produced was absolutely stunning and I would love to give the same gear a whirl in the field or on a product shoot where the sharpness would really come into its own.
The camera was very different from what I am used to. The pace of working with it required a bit more thought, an approach similar to how I work when creating landscape images. Trigger happy shooters might struggle. The process is slower and the impatient will need to take a breath here and there as Focus takes a little longer, images take longer to appear on the LCD and you will not be working at high fps rates. When they do appear, well, you are presented with fantastic colour rendering and excellent sharpness. You can check critical focus well via the rear LCD using the zoom tool.
Katie Green made a number of outfit and makeup changes during the 2 hours we were there and we varied the lighting setup from Fashion to Beauty. This flexibility means you can get a good variety of shots for your Portfolio. I shot approx 120 photographs during the 2 hours we were there. Katie was great to work with, a real pro and provided good range in the shots that were taken.
The detail and sharpness in the images was very impressive indeed. At one point I zoomed into an image in the Hasselblad Phocus software and noticed a tiny blemish on the back of Katie's hand, barely visible to the naked eye but there it was, a tiny scar in glorious detail she had received just that morning playing with her kitten.
I really believe the Portfolio Day product is great value for money. To gain access to arguably some of the best equipment available, a professional model, with full support and to be able to utilise the images non-commercially within your own Portfolio will be very valuable to many. I think the Portfolio days even lend themselves as 'Experience' style gifts for budding photographers. I will definitely be back in the future and when the brief is right I'll certainly consider renting the H5D-60 system to ensure I can get the best results possible. The experience using the Hasseblad gear has certainly made me think.
I'll also be keeping my eyes open to see what Hasselblad can come up with to replace my much loved Xpan and whether they can bring a mixed panoramic concept to the market. All in all a very good day out and certainly very interesting.
The January edition of Modelinscene magazine is now out where you can read the full article.
This entry was posted in Product Review and tagged Broncolor, H5D-60, Hasselblad, Hasselblad Portfolio Days, Katie Greeen, Model Katie Green, Modelinscene, portrait, rich clark, rich clark images, rich clark photography, Say No To Size Zero, studio.


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A Choral Concert with a Difference
The following is the full version of a critique prepared by Vincent Smith of the June concert. An abridged version of this was published in the Sunderland Echo on June 29th 2010.
" Bishopwearmouth Choral Society is to be congratulated on the imaginative and innovative programme which was performed at the Minster on Saturday night. The combination of Choir and Brass always promises much and this was to be a thrilling evening enjoyed by all.
A Fanfare for Brass Quintet from the Ballet "La Peri "(Dukas) and "Die Bankelsangerlieder" (anon.) gave the programme an exhilarating start. Anton Bruckner, the Austrian composer best known for his symphonies did nevertheless compose some of the most beautiful choral works for his beloved Church. The choir performed four of his ten motets. They present many challenges, not least that of singing "a capella" and high passages for the sopranos, challenges which were successfully realised. Two of the motets were accompanied by three trombones that being the only support throughout the works. The Minster resonated to some glorious and thrilling choral sounds. The full brass section of 9 players and two percussionists ended the first half with sparkling and tasteful performances of "The Prince of Denmark's March" and the equally well known Suite of Six Dances by Susato.
The second half could not have begun with a more original and delightful opening. Two percussionists, Andy Booth and Mark Bolderson performed "Marche de Timbales" by Philidor. Pleasure was written over the faces of audience and choir alike as they experienced the aural and visual delights of Baroque military drumming. Equally pleasurable was Andy's performance of his own arrangement of "Little Polly's Polka" by Keith Bartlett for Timpani to which Andy brought in the Brass to contribute a delicious "oom pah pah accompaniment at the end.
It was fitting that all forces came together for the final piece, "Te Deum" one of John Rutter's most popular works. In three movements the two outer sections fully exploit the technical virtuosity of players and singers alike and it was a credit to all that the balance was so well judged and that every syllable was clearly audible above the rich textures of the accompaniment. The more contemplative and reflective central movement featured five soloists drawn from the choir and a highly decorative organ part performed with sensitivity by Eileen Bown. The Minster was filled with glorious sounds and final tribute must go to the inspiring leadership and conducting of the Music Director, David Murray. A receptive audience left the performers in no doubt that it had been an evening to remember."
Vincent Smith
Songs for a Summer Evening
This concert by the Bishopwearmouth Young Singers, with the Bishopwearmouth Chamber Choir, will take place in Ewesley Road Methodist Church. Tickets are £5.00 and there will be refreshments, a raffle, and some very good singing to enliven a summer's evening. We look forward to seeing you there.
Posted in Events | Comments Off on Songs for a Summer Evening


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Gminy w USA:
 Ninnescah (ang. Ninnescah Township) – gmina w stanie Kansas, w hrabstwie Cowley
 Ninnescah (ang. Ninnescah Township) – gmina w stanie Kansas, w hrabstwie Kingman
 Ninnescah (ang. Ninnescah Township) – gmina w stanie Kansas, w hrabstwie Reno
 Ninnescah (ang. Ninnescah Township) – gmina w stanie Kansas, w hrabstwie Sedgwick

redpajama_set_name: RedPajamaWikipedia


Communicating for European projects, consortia or other associations is a challenge. For those responsible for the communication of a joint project, you probably already know the cultural and logistical challenges that such a project entails.
How do we get the information we need and how do we motivate our partners to provide it remotely? Access to information is made more difficult by the different locations of the partners and leads to a dependence on local contacts. Our sources, here our contact persons have thus a great influence on the quality of our public relations work. Moreover, as a communicator, these are the real and tough challenges, which we have to grapple with on a daily basis.
So is there a universal formula for communicating distributed infrastructures?