text:
Q: SQL Server Creating complicated SQL Query for 3 tables Please help me creating this SQL query for SQL Server 2008.
I've wasted 1 day thinking of this but I cannot find the solution:
I have 3 [tables] with respective (columns):

*

*[table_users] TB1 (Id, Name)

*[table_schedule] TB2 (Id, userId, dateScheduled)

*[table_schedule_confirmation] TB3 (Id, scheduleId, confirmationStatus)
confirmationStatus -> 0 = cancelled, 1 = confirmed
I must filter [TB1] by selecting a day, it must list only user names that:

*

*are not scheduled at all (userId doesn't exist in [TB2] for selected day)

or

*

*if scheduled, there's a matching confirmation for (scheduleId) in [TB3] and
(confirmationStatus) must be 0 (cancelled)

Problems:

*

*There can be more than one entries in TB2 and TB3 for a userId and date

Date Filter = 31/03/2013
Situation 1 (1 confirmed schedule):
Situation1 http://img255.imageshack.us/img255/1508/sqld.png
As you can see, I've scheduled 4 times for user 1, but he cancelled the 3 first, confirming only on the 4th time.
Situation 2 (1 pending schedule):
Situation1 http://img854.imageshack.us/img854/8116/sql2s.png
In this case, user hasn't confirmed the 4th (id=16) schedule yet.
Situation 3 (all schedules cancelled):
Situation1 http://img41.imageshack.us/img41/5720/sql3s.png
User cancelled all the 4 schedules.
Situation 4 (no schedules for user on that date):
Situation1 http://img255.imageshack.us/img255/9679/sql4.png
No schedules for selected day.
In resume:
Filtering by date, I must list only users that applies to Situations 3 and 4 and NOT applies to Situations 1 and 2 !
I must make this filter, to populate a dropdown with only users that are available for that day.
This is what I've tried so far:
DECLARE @dataAg datetime SET @dataAg = '2013/03/31 16:30'

SELECT T1.id, T1.name
FROM [tbl_users] T1
WHERE
    (NOT EXISTS
         (SELECT *
          FROM [tbl_schedule] T2
          WHERE T2.userId = T1.id
          AND CONVERT(date,T2.scheduledDate) = CONVERT(date, @dataAg))
    )
    OR
    (EXISTS
         (SELECT *
          FROM [tbl_schedule] T2, [tbl_scheduleConfirmation] T3
          WHERE T2.id = T3.idSchedule
            AND T2.userId = T1.id
            AND CONVERT(date,T2.scheduledDate) = CONVERT(date, @dataAg))
     AND
     NOT EXISTS
          (SELECT *
           FROM [tbl_schedule] T2, [tbl_scheduleConfirmation] T3
           WHERE T2.id = T3.idSchedule
             AND T3.confirmation = 1
             AND T2.idUser = T1.id
             AND CONVERT(date, T2.scheduledDate) = CONVERT(date, @dataAg))
          )

A: Assuming you want all the columns in TB1 this query should get you what you need.
SELECT *
FROM TB1
WHERE ID IN
      (SELECT ID
       FROM TB3
       WHERE confirmationStatus = 1
         AND scheduleID IN
             (SELECT ID
              FROM TB2
              WHERE DATE(dateScheduled) = 'YOUR_ENTERED_DATE'))

In the future, you may also want to include what exactly you are using (mySQL, SQL Server, etc.)

A: Finally i got it.
DECLARE @dataAg datetime SET @dataAg = '2013/03/31 16:30'

SELECT T1.id, T1.name FROM [tbl_users] T1
WHERE
NOT EXISTS(
    SELECT * FROM [tbl_schedule] T2 WHERE T2.userId = T1.id AND CONVERT(date,T2.scheduledDate) = CONVERT(date,@dataAg)
    )
OR
(
NOT EXISTS
    (
        SELECT * FROM [tbl_schedule] T2 WHERE
        NOT EXISTS
        (
            SELECT * FROM [tbl_scheduleConfirmation] T3 WHERE T2.id = T3.idSchedule
        )
        AND T2.userId = T1.id AND CONVERT(date,T2.scheduledDate) = CONVERT(date,@dataAg)
    )
AND
NOT EXISTS(
    SELECT * FROM [tbl_schedule] T2, [tbl_scheduleConfirmation] T3 WHERE
    T2.id = T3.idSchedule AND T3.confirmation = 1 AND T2.userId = T1.id AND CONVERT(date,T2.scheduledDate) = CONVERT(date,@dataAg)
    )
)

Thank's anyway.


Matt Granger - Focus & recompose - how, why and Risks?
Focus & recompose - how, why and Risks?
What is focus and recompose? How do you do it? And do you risk getting it out of focus??
Short. Sweet. Always been too scared to try it, but sometimes messing around with focus points takes way too long! Will definitely give this a go! Thanks Matt!
I am a having a difficult time creating interesting photographs: I guess I am having trouble "seeing the photograph". I see something interesting, but when I put the picture on the screen, it lacks something (possibly the composition, subject, or emphasis are wrong). The technical aspects (exposure [I shoot in "M" manual mode], depth of field, and focus] are all correct, but the picture is missing something.
Could you do a video on "seeing" the photograph?
Thank you for your superbly simple and clear videos!
Could you clarify this mystery??


text:
import os
from unittest import mock

from yarl import URL

from aiohttp import hdrs, helpers
from aiohttp.file_sender import FileSender
from aiohttp.test_utils import make_mocked_coro, make_mocked_request

def test_env_nosendfile():
    with mock.patch.dict(os.environ, {'AIOHTTP_NOSENDFILE': '1'}):
        file_sender = FileSender()
        assert file_sender._sendfile == file_sender._sendfile_fallback

def test_static_handle_eof(loop):
    fake_loop = mock.Mock()
    with mock.patch('aiohttp.file_sender.os') as m_os:
        out_fd = 30
        in_fd = 31
        fut = helpers.create_future(loop)
        m_os.sendfile.return_value = 0
        file_sender = FileSender()
        file_sender._sendfile_cb(fut, out_fd, in_fd, 0, 100, fake_loop, False)
        m_os.sendfile.assert_called_with(out_fd, in_fd, 0, 100)
        assert fut.done()
        assert fut.result() is None
        assert not fake_loop.add_writer.called
        assert not fake_loop.remove_writer.called

def test_static_handle_again(loop):
    fake_loop = mock.Mock()
    with mock.patch('aiohttp.file_sender.os') as m_os:
        out_fd = 30
        in_fd = 31
        fut = helpers.create_future(loop)
        m_os.sendfile.side_effect = BlockingIOError()
        file_sender = FileSender()
        file_sender._sendfile_cb(fut, out_fd, in_fd, 0, 100, fake_loop, False)
        m_os.sendfile.assert_called_with(out_fd, in_fd, 0, 100)
        assert not fut.done()
        fake_loop.add_writer.assert_called_with(out_fd,
                                                file_sender._sendfile_cb,
                                                fut, out_fd, in_fd, 0, 100,
                                                fake_loop, True)
        assert not fake_loop.remove_writer.called

def test_static_handle_exception(loop):
    fake_loop = mock.Mock()
    with mock.patch('aiohttp.file_sender.os') as m_os:
        out_fd = 30
        in_fd = 31
        fut = helpers.create_future(loop)
        exc = OSError()
        m_os.sendfile.side_effect = exc
        file_sender = FileSender()
        file_sender._sendfile_cb(fut, out_fd, in_fd, 0, 100, fake_loop, False)
        m_os.sendfile.assert_called_with(out_fd, in_fd, 0, 100)
        assert fut.done()
        assert exc is fut.exception()
        assert not fake_loop.add_writer.called
        assert not fake_loop.remove_writer.called

def test__sendfile_cb_return_on_cancelling(loop):
    fake_loop = mock.Mock()
    with mock.patch('aiohttp.file_sender.os') as m_os:
        out_fd = 30
        in_fd = 31
        fut = helpers.create_future(loop)
        fut.cancel()
        file_sender = FileSender()
        file_sender._sendfile_cb(fut, out_fd, in_fd, 0, 100, fake_loop, False)
        assert fut.done()
        assert not fake_loop.add_writer.called
        assert not fake_loop.remove_writer.called
        assert not m_os.sendfile.called

def test_using_gzip_if_header_present_and_file_available(loop):
    request = make_mocked_request(
        'GET', URL('http://python.org/logo.png'), headers={
            hdrs.ACCEPT_ENCODING: 'gzip'
        }
    )

    gz_filepath = mock.Mock()
    gz_filepath.open = mock.mock_open()
    gz_filepath.is_file.return_value = True
    gz_filepath.stat.return_value = mock.MagicMock()
    gz_filepath.stat.st_size = 1024

    filepath = mock.Mock()
    filepath.name = 'logo.png'
    filepath.open = mock.mock_open()
    filepath.with_name.return_value = gz_filepath

    file_sender = FileSender()
    file_sender._sendfile = make_mocked_coro(None)

    loop.run_until_complete(file_sender.send(request, filepath))

    assert not filepath.open.called
    assert gz_filepath.open.called

def test_gzip_if_header_not_present_and_file_available(loop):
    request = make_mocked_request(
        'GET', URL('http://python.org/logo.png'), headers={
        }
    )

    gz_filepath = mock.Mock()
    gz_filepath.open = mock.mock_open()
    gz_filepath.is_file.return_value = True

    filepath = mock.Mock()
    filepath.name = 'logo.png'
    filepath.open = mock.mock_open()
    filepath.with_name.return_value = gz_filepath
    filepath.stat.return_value = mock.MagicMock()
    filepath.stat.st_size = 1024

    file_sender = FileSender()
    file_sender._sendfile = make_mocked_coro(None)

    loop.run_until_complete(file_sender.send(request, filepath))

    assert filepath.open.called
    assert not gz_filepath.open.called

def test_gzip_if_header_not_present_and_file_not_available(loop):
    request = make_mocked_request(
        'GET', URL('http://python.org/logo.png'), headers={
        }
    )

    gz_filepath = mock.Mock()
    gz_filepath.open = mock.mock_open()
    gz_filepath.is_file.return_value = False

    filepath = mock.Mock()
    filepath.name = 'logo.png'
    filepath.open = mock.mock_open()
    filepath.with_name.return_value = gz_filepath
    filepath.stat.return_value = mock.MagicMock()
    filepath.stat.st_size = 1024

    file_sender = FileSender()
    file_sender._sendfile = make_mocked_coro(None)

    loop.run_until_complete(file_sender.send(request, filepath))

    assert filepath.open.called
    assert not gz_filepath.open.called

def test_gzip_if_header_present_and_file_not_available(loop):
    request = make_mocked_request(
        'GET', URL('http://python.org/logo.png'), headers={
            hdrs.ACCEPT_ENCODING: 'gzip'
        }
    )

    gz_filepath = mock.Mock()
    gz_filepath.open = mock.mock_open()
    gz_filepath.is_file.return_value = False

    filepath = mock.Mock()
    filepath.name = 'logo.png'
    filepath.open = mock.mock_open()
    filepath.with_name.return_value = gz_filepath
    filepath.stat.return_value = mock.MagicMock()
    filepath.stat.st_size = 1024

    file_sender = FileSender()
    file_sender._sendfile = make_mocked_coro(None)

    loop.run_until_complete(file_sender.send(request, filepath))

    assert filepath.open.called
    assert not gz_filepath.open.called

redpajama_set_name: RedPajamaGithub


text:
Heidelberg USA
Waseda University first in Asia to acquire the Springer Book Archives
Today, Springer announced that the Waseda University Library, Shinjuku-ku, Tokyo, Japan, acquired the English-language Springer Book Archives (SBA). Members of the university community now have online access to Springer content dating back to 1842 via SpringerLink (link.springer.com), Springer's online platform. This is the first such purchase, not only at a Japanese university or research institute, but in all of Asia.
Australasian universities welcome Springer Book Archives
Heidelberg / New York / Melbourne, 4 April 2013 —By the end of 2013, Springer will offer online access to 100,000 eBooks with historic content through its Springer Book Archives (SBA), available anywhere, at any time, via SpringerLink (link.springer.com). As early adopters, Australasian universities were some of the first to offer access to this wealth of scientific content to students, faculty and researchers. Official launch events for the SBA will be held at the University of Melbourne on 5 April 2013, and at The Higher Education Technology Agenda Conference in Hobart, Australia on 8 April.
"The Springer Book Archives marks the culmination of years of planning, scanning and converting our historic titles to a digital format," said Derk Haank, Springer's CEO. "Our vision is to change the economics of the books business. We're harnessing digital technologies to both deliver the best possible service to customers, and improve supply-chain efficiencies. And by offering tens of thousands of books available online for the first time, we are making 'out of print' a thing of the past for Springer titles."
Springer and the Basque Center for Applied Mathematics launch new book partnership
Springer and the Basque Center for Applied Mathematics (BCAM) will partner to publish BCAM SpringerBriefs. The books will consist of concise summaries of cutting-edge research and practical applications in mathematics. These new SpringerBriefs will focus on the publication of content in a number of disciplines within mathematics. These fields include applied mathematics, finance, statistics and computer science. BCAM has appointed an international board to manage the editorial responsibility for the new books, made up by Enrique Zuazua in Bilbao, Spain; Irene Fonseca in Pittsburgh, USA; Juan J. Manfredi in Pittsburgh, USA; Emmanuel Trélat in Paris, France; and Xu Zhang in Chengdu, China. All books in the series will be available as eBooks on Springer's online platform, SpringerLink (link.springer.com), and in print-on-demand (POD) format.
Edwards Brothers Malloy Now Offering 4-Color Offset Book Printing, Increased 4-Color Digital Capacity
[Press Release] Ann Arbor, MI (November 29, 2012)—For over a century, Edwards Brothers Malloy has been a leader in 1- and 2-color book manufacturing. With the purchase of a 40" Heidelberg Speedmaster offset sheetfed press dedicated to 4-color text work, Edwards Brothers Malloy can now offer 4-color book and journal printing in runs from one to 3,000 copies. The Heidelberg offset press will be fully operational in the company's State Street plant in Ann Arbor by the middle of January 2013.
Springer begins worldwide migration of customers to new SpringerLink
Today Springer will begin migrating its global library customers to its new and improved version of its platform, SpringerLink. The platform was re-engineered with a focus on improving the user experience based on three principles: speed, simplicity and optimization.
News, Business Strategy
Springer will publish book series with British Society for Immunology
Springer and the British Society for Immunology (BSI) have entered into an agreement to publish six books per year, to be included in Springer's long-running book series, Advances in Experimental Medicine and Biology. The edited volumes and monographs by renowned scientists will present the latest scientific advances in immunology research.
Springer extends free access for digital library project in Haiti
Heidelberg / New York, 16 July 2012 As Haiti continues to rebuild in the aftermath of the 2010 earthquake, Springer Science+Business Media announced that it will extend the period of free access to its online platform www.springerlink.com , through 2015 to 15,000 students and researchers in the devastated country. This donation– initially set to expire in 2013 – will provide scientific content from approximately 2,000 research-level scientific journals, including French-language editions, and the state-of-the-art book series Lecture Notes in Computer Science and Lecture Notes in Mathematics.
Springer and the Japanese Society of Nephrology Intensify Their Collaboration
Springer and the Japanese Society of Nephrology (JSN) will collaborate to publish the new journalClinical and Experimental Nephrology (CEN) Case Reports. The e-only journal is one of the official journals of the JSN and addresses clinicians and researchers in the field of nephrology and related areas.
Scottish Library Consortium (SHEDL) Signs Comprehensive Licensing Agreement with Springer
Springer and the Scottish Higher Education Digital Library Consortium (SHEDL) recently signed a ground-breaking agreement for access to electronic journal subscriptions and eBooks on Springer's platform SpringerLink. Every SHEDL member will now have access to an enormous database of content consisting of nearly 2,000 journals and over 40,000 eBooks.
Springer to Publish Book Series with the Italian National Institute for Higher Mathematics
Starting in 2012 Springer and the Italian National Institute for Higher Mathematics (INdAM) will collaborate to publish a new book series Springer INdAM Series. At least three books in the field of pure and applied mathematics will be published annually. Professor Vincenzo Ancona, President of INdAM, is editor-in-chief of the book series.

redpajama_set_name: RedPajamaCommonCrawl


text:
Exclusive video preview: The Aristocrats' new album, Culture Clash
The second full-length studio release from Guthrie Govan, Bryan Beller and Marco Minnemann
Aristocrats Minnemann, Beller and Guthrie have nine new tracks to hold you
(Image credit: Jennifer Young)
On 16 July, The Aristocrats, the scarifyingly talented progressive rock/fusion instrumental power trio featuring guitarist Guthrie Govan, bassist Bryan Beller and drummer Marco Minnemann, will release their second full-length studio effort titled Culture Clash.
You can check out a generous preview of every cut on the new album by watching the above video.
The band's self-titled 2011 debut is already hailed as something of a classic, appealing to both progressive/fusion fans and metal aficionados. Discussing the band's musical chemistry, Govan told MusicRadar recently, "We have an unreasonable amount of fun playing together. Every 20 seconds, I'll hear something from one of the other guys that just makes me smile, or it terrifies me. But it keeps you on your toes. We all play for the same reasons."
Echoing Govan's sentiments, Beller said, "We've all been totally blown away by the reaction to the first album, the live album, and just us becoming a band in general. We're all beyond grateful for that. So this record, I feel like, is a response to that amazing response. It's like, 'OK, you dug all that crazy stuff on the first one, eh? Well, here, check this out.' We don't want to rest on our laurels. We want to push this thing further, as far as we can, wherever that goes."
A day after Culture Clash's release, The Aristocrats hit the road for what will be their most extensive US tour so far. The venue tour kicks off in Nashville, TN, on 17 July and includes select clinics at schools like the Atlanta Institute of Music, Berklee College of Music and more.
Culture Clash is issued by BOING Music, and you can purchase the album at the official Aristocrats store page. There is also a deluxe edition of the album, which includes a bonus DVD called Accept The Mystery: The Making Of The Aristocrats' Culture Clash.
For more info on The Aristocrats, visit their official website and their Facebook page.


text:
Judziki () ist ein kleiner Ort in der polnischen Woiwodschaft Ermland-Masuren, der zur Gmina Ełk (Landgemeinde Lyck) im Powiat Ełcki (Kreis Lyck) gehört.

Geographische Lage
Judziki liegt am Südufer des Sunowo-Sees (1938 bis 1945: Sonnau-See, ) im südlichen Osten der Woiwodschaft Ermland-Masuren, sieben Kilometer westlich der Kreisstadt Ełk (Lyck).

Geschichte
Im Jahre 1561 wurde Judzicken – nach 1771 Gudziken, nach 1818 Jutzicken, nach 1871 Judszicken genannt – gegründet, und war von ein paar kleinen Gehöften gebildet. Im Jahre 1874 wurde der kleine Ort in den Amtsbezirk Lyck-Land (mit Sitz in Neuendorf, ) eingegliedert. Er bestand bis 1945 und gehörte zum Kreis Lyck im Regierungsbezirk Gumbinnen (ab 1905: Regierungsbezirk Allenstein) in der preußischen Provinz Ostpreußen.

Im Jahr 1910 verzeichnete Judzicken 73 Einwohner, im Jahre 1933 waren es bereits 100. Aufgrund der Bestimmungen des Versailler Vertrags stimmte die Bevölkerung im Abstimmungsgebiet Allenstein, zu dem judzicken gehörte, am 11. Juli 1920 über die weitere staatliche Zugehörigkeit zu Ostpreußen (und damit zu Deutschland) oder den Anschluss an Polen ab. In Judzicken stimmten 60 Einwohner für den Verbleib bei Ostpreußen, auf Polen entfielen keine Stimmen.

Am 3. Juni (amtlich bestätigt am 16. Juli) des Jahres 1938 erhielt Judzicken die Umbenennung in "Gutenborn" aus politisch-ideologischen Gründen der Abwehr fremdländisch klingender Ortsnamen. Die Einwohnerzahl belief sich 1939 noch auf 85.

In Kriegsfolge kam der Ort 1945 mit dem gesamten südlichen Ostpreußen zu Polen und trägt seither die polnische Namensform "Judziki". Der Weiler ist heute ein Ortsteil von Bartosze. Bartosze ist auch Sitz des zuständigen Schulzenamtes (), in das neben Judziki auch Buniaki (Mathildenhof) einbezogen ist. Judziki ist somit eine Ortschaft im Verbund der Gmina Ełk (Landgemeinde Lyck) im Powiat Ełcki (Kreis Lyck), vor 1998 der Woiwodschaft Suwałki, seither der Woiwodschaft Ermland-Masuren zugehörig.

Religionen
Bis 1945 war Judzicken resp. Gutenborn in die evangelische Pfarrkirche Lyck in der Kirchenprovinz Ostpreußen der Kirche der Altpreußischen Union und in die katholische Kirche St. Adalbert ebenfalls in Lyck im Bistum Ermland eingegliedert.

Auch heute besteht der Bezug Judzikis sowohl katholischer- wie auch evangelischerseits zur Kirche in der Kreisstadt Ełk.

Verkehr
Judziki liegt an der Nebenstraße 1852N, die von Bartosze (Bartossen, 1938 bis 1945 Bartendorf) an der polnischen Landesstraße 16 (einstige deutsche Reichsstraße 127) über Mołdzie (Moldzien, 1938 bis 1945 Mulden) nach Rożyńsk (Rosinsko, 1938 bis 1945 Rosenheide) führt. Die nächste Bahnstation ist Bartosze an der – nur noch unregelmäßig im Güterverkehr befahrenen – Bahnstrecke Czerwonka–Ełk ().

Einzelnachweise

Gegründet 1561
Ort der Woiwodschaft Ermland-Masuren
Gmina Ełk

redpajama_set_name: RedPajamaWikipedia


The forerunner of the design approach known as "family sofas and couches," the Nonnamaria sofa and collection reprises the traditional image of period sofas and updates it by reducing, polishing and slimming the proportions. The result is a familiar line, but stripped of the classical ornament, shifted into the contemporary world. The Nonnamaria sofa with its soft, curved silhouette, accentuated by the rounded armrest that simplifies the scroll armrests of the tradition, is equipped with self-braking frontal casters and rear legs in beech. The armchair can also be reclined for a relaxing position. With ample padding and a removable cover, Nonnamaria is a solution for those who want products with a reassuring image, but updated for more modern tastes. Manufactured by Flexform.
Options: Available in 2 and 3 seater sofas, component configurations, daybeds, armchairs and an ottoman.


text:
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During the last two years here at St. Ann's the children grow by leaps and bounds. They build the confidence and self-esteem needed to reach their full potential.
With the implementation of the "No child left behind" philosophy, parents think that their children should go to school when they turn 3 or 4. This is not necessarily the best place for these young ones to be and can sometimes hinder the child's future success in the school system. We teach the same things that children will learn in public schools, but in an environment that is developmentally appropriate.
Our goal is to prepare children not only for academic success but social success as well. When children leave St. Ann's for kindergarten, they are ready to be there!
3 Year Old Program
Our Three Year Old Preschool Program follows the Maryland State Department of Education's Healthy Beginnings Guidelines (Birth – Three Years of Age).
Our Four Year Old Preschool Program follows the Maryland State Department of Education's Common Core Phase II Preschool Curriculum and the Maryland Model for School Readiness (MMSR).
Sample Lesson Plan Four Year Old.doc 28 KB
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After the utter stupid false claims that Netanyahu made against the Palestinians that Haj Amin Al Husseini was the one that has convinced Hitler to burn the Jews and commit the holocaust now it's time to bring the truth to light and see who really was part of the holocaust.
One of the most famous collaboration between the Hitler's Nazi regime and Zionist Jewish organizations is the agreement of Haavara Agreement which the Zionist Jews made to ethnically cleanse and clear Germany and other European countries of its Jews while in the mean time occupying another land which they were historically planning to "Palestine" with the help of the French and the English armies.
Another video interview by an American channel "When American media was capable of speaking freely about Israel and Zionism" spoke about the Haavara agreemnet or "The Transfer agreement" \ between Zionist Jews and Hitler can be found below that will shock you.
In the summer of 1933, the Jewish Agency for Palestine, the German Zionist Federation, and the German Economics Ministry drafted a plan meant to allow German Jews emigrating to Palestine to retain some of the value of their property in Germany by purchasing German goods for the Yishuv, which would redeem them in Palestine local currency. This scheme, known as the Transfer Agreement or Ha'avarah, met the needs of all interested parties: German Jews, the German economy, and the Mandatory Government and the Yishuv in Palestine. The Transfer Agreement has been the subject of ramified research literature.1 Many Jews were critical of the Agreement from the very outset. The negotiations between the Zionist movement and official representatives of Nazi Germany evoked much wrath. In retrospect, and in view of what we know about the annihilation of European Jewry, these relations between the Zionist movement and Nazi Germany seem especially problematic. Even then, however, the negotiations and the agreement they spawned were profoundly controversial in broad Jewish circles. For this reason, until 1935 the Jewish Agency masked its role in the Agreement and attempted to pass it off as an economic agreement between private parties.
One of the German authorities' principal goals in negotiating with the Zionist movement was to fragment the Jewish boycott of German goods.
The film opens as the director and members of his family are gathered in the apartment of his mother's mother, Gerda Tuchler, a short while after her death, to clear out the contents. His grandmother lived in the same apartment for 70 years, ever since she and her husband, Kurt, left Nazi Germany in the 1930s and emigrated to Palestine.
It is not long, however, before Goldfinger finds various items in his grandmother's house that reveal an astonishing chapter in the family's history - a chapter that had been kept under wraps for decades.
Goldfinger gradually discovers that his grandparents had a close personal relationship with a high Nazi official, Leopold von Mildenstein, head of the SS Office for Jewish Affairs (prior to Adolf Eichmann). Mildenstein traveled to Palestine in the company of the Tuchlers in the 1930s and continued a friendship with the Tuchlers after the war.
"lifetime of service to humanity" .
helping to right at least some of the awful wrongs of the Holocaust."
for them. In fact he was making sure justice for the Jews was never served.
agree that anything is possible.
And, as Jews, these discoveries shook us both to our cores.
spectacle as a "metaphysical absurdity."
The ship transported German Jews who had taken advantage of the "Haavara"
industrial equipment. This laid the foundation of Israel's economic infrastructure.
Why retell this story of Zionist-Nazi cooperation?
Jewish and anti fascist organizations were disbanded and their members imprisoned.
Germany and Jewish Palestine. His report is in Himmler's Archives.
It was Ben Hecht, in 1962, who exposed the Greenwald trial in his classic book.
of one of the most ghastly deeds of the war.
Belsen to trace some of his friends. Nor did the sordid bargaining end there.
Greenwald. This material should be studied carefully.
information that they were being transferred to Kenyermeze.
Jewry and the most trusted by the Jews.
parcel of the general duties of the S.S."
of an individual. It was the collaboration of the Zionist leadership.
conclusively established in an Israeli court' But the story gets worse.
libel and Kastner was not 'fully rehabilitated'.
Palestine. Again, Kastner was far from being 'fully rehabilitated'.
Zionism approves of Nazi collaboration.
minister, Moshe Sharett in Aleppo, where Shared had him arrested by the British.
the tragedy I want to save ... young people [for Palestine]. The old ones will pass.
a cruel world. ... Only the branch of the young shall survive. They have to accept it."
Eichmann and get him under control.
Hie Nazis and six million Jews later, got their state.
further comments from the left were heard.
are contributing to a resurgence of anti-Semitism in Europe."
experience the subtle splendor of division.
the imperialists, the Jews were manipulated into their historic and rightful homeland.
Holocaust are the same folks who brought us Oslo and the "peace process."
good data appart from a few facts like leaving out Menachem Begin or Theodor Herzl's role entirely and the closing argument is pretty shoddy zionists want a expanded isreal so they need instability, he is right though the leaders dont care about the followers so long as they keep following but i find most of this article good but the conclusions he comes to are obviously influenced by the propaganda hes exposed to daily and unfortunately because of that is comes close to a psy ops peice. much like the stuff that gets obfuscated by prison planet.
im going to say in good faith its simple a aspect of him being immersed in the propaganda of the area, as evidenced by lines like "the Arabs are just too pig-headed and bloodthirsty to make the same admission"


"The U.S. Army continues to push the modernization of its forces, with notable efforts including the development of smartphone-based software for real-time information delivery such as the Android Tactical Assault Kit, or ATAK, and the allocation of significant funding towards researching new AI and machine learning methods to assist command and control personnel," said Dr. James Schaffer, scientist for RDECOM's Army Research Laboratory, the Army's corporate research laboratory (ARL), at ARL West in Playa Vista, California.
"For instance, many research studies and A/B testing, such as those performed by Amazon, have experimented with different forms of persuasion, argumentation and user interface styles to determine the winning combination that moves the most product or inspires the most trust," Schaffer said. "Unfortunately, there are big gaps between the assumptions in these low-risk domains and military practice."
The Army's research, which was a collaboration between Army scientists and university researchers at the University of California, Santa Barbara, hypothesizes that many people trust their own abilities far more than that of a computer, which will affect their judgment when pressured to perform.
According to Schaffer, this implies that even if flawless AI could be created, some people would not listen to the AI's advice.
The researchers constructed an abstract similar to the Iterated Prisoner's Dilemma a game where players must choose to cooperate with or defect against their co-players in every round—in order to control all relevant factors.
The Iterated Prisoner's Dilemma has been used in regards to several real-world problems, such as military arms races, public sharing of resources and international politics.
However, just like in real life, players were required to access the AI's advice manually, just as you must manually switch on GPS, and were free to accept or ignore its suggestion.
The researchers also presented different versions of this AI—some were deliberately inaccurate, some required game information to be entered manually, and some justified their suggestions with rational arguments.
"What was discovered might trouble some advocates of AI two-thirds of human decisions disagreed with the AI, regardless of the number of errors in the suggestions," Schaffer said.
"This might be a harmless outcome if these players were really doing better but they were in fact performing significantly worse than their humbler peers, who reported knowing less about the game beforehand," Schaffer said. "When the AI attempted to justify its suggestions to players who reported high familiarity with the game, reduced awareness of gameplay elements was observed a symptom of over-trusting and complacency."
"This contrasts sharply with their observed neglect of the AI's suggestions, demonstrating that people are not always honest, or may not always be aware of their own behavior," Schaffer said.
"Rational arguments have been demonstrated to be ineffective on some people, so designers may need to be more creative in designing interfaces for these systems," Schaffer said.
"Despite challenges in human-computer interaction, AI-like systems will be an integral part of the Army's strategy over the next five years," Schaffer said. "One of the principle challenges facing military operations today is rapid response from guerilla adversaries, who often have shorter command chains and thus can act and react more rapidly than the U.S. Armed Forces. Complex systems that can rapidly react to a changing environment and expedite information flow can improve response times and help maintain op-tempo but only if given sufficient trust by its users."
This research will appear in the proceedings of the ACM's 2019 conference on Intelligent User Interfaces ( iui.acm.org/2019/ ).


Armed Forces / Re: Merchant Navy records?
How did you know which page to look for?
Thanks for that, great place to start!
Armed Forces / Merchant Navy records?
I have an ancestor who was a captain in the merchant navy during both world wars. He captained a ship called the Diplomat which was torpedoed and sunk.
Does anyone know how I would access any records regarding the merchant navy? I would love to find more details about his service.
Looking for Meginn family of Castleblayney in 18th century. I know my ancestor was born in Castleblayney 1797 and was a painter, moved to Liverpool before 1820, where he died 1862. Wondering if I can find out when he moved or trace further back. Not sure where to start - first of my ancestors to be born in Ireland! Thanks.
Armed Forces / Re: Anyone help identify this uniform?
That's great, thanks so much! Looks like I need to check my dates though? This uniform definitely post 1870?
Armed Forces / Anyone help identify this uniform?
I have a photo of one of my ancestors and I'd love to know what kind of uniform he is wearing, his rank or anything else that can be gleaned. Any ideas and information gratefully received. His dates are 1812-1870 and he looks to be an older man by the time of the photo. His occupation was a chainmaker, but clearly he served in some capacity.


Eater critic Bill Addison has named Blue Hill at Stone Barns this year's best American restaurant. Mr. Addison lauds the entire experience at Dan Barber's upstate restaurant in his article posted Monday. It's not only the preparation of the food that astounds the writer, but also the production; from wheat to meat, Dan Barber and his team put large amounts of care into the entire process at Blue Hill at Stone Barns. Not only that, but Mr. Addison loves the full service experience offered to diners at the restaurant, although he does warn that a 5-hour dinner may be too much for the faint of heart.
You can read his review in its entirety here.


Catherine Benincasa, born in Siena, Italy in 1347 combined in her short life several strands which reveal a very strong and vibrant personality. At the age of 17, she joined a group of lay Dominicans who devoted themselves to prayer and work for the poor. Her contemplative prayer leading to action were the warp and weft of her life which gradually became involved in issues arising from the political turmoil of the time. Although without formal schooling, she worked unremittingly for the return of the Papacy from Avignon to Rome and her charism for promoting peace and unity is very evident in her letters to popes and kings. Her uncompromising stance for the truth, her loyalty to the Holy See combined with a zealous style leave no doubt that she was filled with the wisdom of God. Her legacy to us after her death at the age of thirty-three was validated by Pope John Paul 11 as recently as 1999 at the opening of the European Synod, when he declared her a Patroness of Europe.


Primera Air blames 'several unforeseen misfortunate events' for its collapse, but did it take a risk too many in entering the competitive trans-Atlantic market?
The European carrier Primera Air surprised everybody when it burst into the trans-Atlantic market earlier this year. After over a decade serving mainly Mediterranean markets…..


text:
Google Delivered Solid Results When Great Results Were Needed
Mobile search and YouTube momentum once more helped Google deliver strong growth. But the costs of obtaining that growth were higher than expected.
Eric Jhonsa
It's hard to seriously complain about Alphabet Inc./Google's (GOOGL - Get Report) second-quarter earnings report, which in most respects was pretty solid. But one can take issue with a couple of details, and with shares up over 25% on the year going into earnings, those details are enough to spark some profit-taking.
On a GAAP basis, Google reported Q2 revenue of $26.01 billion (up 21% annually) and EPS of $5.01, beating consensus analyst estimates of $25.64 billion and $4.44. If one backs out the $2.7 billion fine (set to be appealed) EU regulators recently imposed over the integration of Google Shopping ads within search results, EPS was $8.90, above an $8.36 consensus.
Nonetheless, Class C shares (GOOGL) fell 2.9% in after-hours trading to $969.00. Apparently the main culprit behind this selloff: After backing out traffic acquisition costs (TAC - ad revenue-sharing payments to partners), revenue totaled $20.9 billion, up 19% and roughly even with consensus estimates.
TAC totaled $5.09 billion, up 28% and soundly above a $4.74 billion consensus. Due to mobile ad revenue-sharing payments -- made to Apple Inc. (AAPL - Get Report) , Android OEMs and carriers, among others -- TAC equaled 11% of revenue on Google's sites and apps, up from 9% a year ago. For ad sales on third-party sites and apps, it rose to 72% of revenue from 70%, thanks partly to a shift in ad sales towards programmatic (automated) ad campaigns.
Neither of these trends is likely to go away anytime soon, given the momentum surrounding mobile and programmatic ad spending. There's also some risk that the changes the EU is demanding to Google's Android app bundling policies -- among other things, regulators want Google to stop denying access to the Play Store if OEMs don't make Google the default search engine on their devices -- could increase TAC, by giving OEMs more leverage in negotiations.
The TAC concerns are overshadowing another phenomenal quarter of ad click/impression growth fueled by mobile search and (to a lesser degree) YouTube's momentum. "Paid clicks" rose 52% annually, outpacing Q1's 44% growth thanks to an eye-popping 61% increase on Google properties. Growth on non-Google properties, pressured some by Facebook Inc.'s (FB - Get Report) ad momentum, was 9%.
Jim Cramer and the AAP team hold positions in Alphabet, Apple and Facebook for their Action Alerts PLUS Charitable Trust Portfolio. Want to be alerted before Cramer buys or sells GOOGL, AAPL or FB? Learn more now.
Google's efforts to create effective mobile ad formats that take up a lot of screen real estate, such as Google Shopping ads, app install ads and Expanded Text Ads, have much to do with the paid click growth. As do things like efforts to track the impact of online ads on offline sales, successful outreaches to local and small businesses and the use of machine learning to predict how an advertiser's campaign will perform.
As far as YouTube goes, Google is also benefiting from viewing growth -- users now watch over 60 minutes per day on average on mobile devices, and watch time on TV sets nearly doubled annually in Q2 -- as well as the popularity of ad formats such as its 6-second Bumper ads. And looking more broadly, one can't also ignore the degree to which Google and Facebook keep taking online ad share from smaller players like clockwork.
The paid click growth was partly offset by a 23% drop in ad prices (cost per click, or CPC), larger than Q1's 19% drop. Just as they've been boosting paid clicks, YouTube and mobile search ad growth have been depressing CPC. In addition, though reporting strong Google search ad spending growth overall, ad services firm Merkle reports CPCs for search keywords featuring a marketer's own brand name were pressured in Q2 by a Google algorithm change.
The "Google Other" reporting segment, which covers things like Google Play, cloud apps and services, and sales of Google-branded hardware, saw revenue rise 42% to $3.09 billion (15% of ex-TAC revenue). Though Pixel phone sales have apparently slowed ahead of an expected fall refresh, cloud momentum remains very strong, as big investments to improve the Google Cloud Platform's (GCP) feature set, geographic reach and corporate sales pay off.
On the earnings call, CEO Sundar Pichai mentioned that the number of $500,000-plus deals recorded by GCP, the #3 player in the public cloud services market behind Amazon Web Services and Microsoft Azure, tripled annually. He also indicated enterprise adoption rates for the G Suite (formerly Google Apps) have been growing.
Google's spending remains elevated, but more or less in line with what has been expected. Operating expenses grew 18% to $8.8 billion, thanks to heavy R&D hiring and a change in how Google times its annual stock grants. Cost of revenue (excluding TAC) rose 27% to $5.3 billion due to data center investments, YouTube content payments and Pixel hardware costs. Those data center investments also led capital spending to rise 32% to $2.8 billion.
The "Other Bets" reporting segment, which features businesses such as Nest, Waymo (self-driving cars), Google Fiber, Verily (life sciences) and Calico (anti-aging drugs), remains a cash sinkhole. It produced a Q2 operating loss of $772 million on revenue of $248 million. Though those figures are respectively improved from $855 million and $185 million a year ago, Other Bets is still likely a ways off from turning a profit (maybe when Waymo's self-driving systems finally see mass adoption?). But such losses have been telegraphed for a while, and are unlikely to shock many investors.
On the whole, Google delivered yet another report showing that the powerful trends allowing it to post sales growth in the 20% range even as its GAAP revenue nears $100 billion are still very much in place. But the costs of obtaining that sales growth proved a little higher than expected, and at current levels, that's enough to trigger some selling.
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60 Second Tips: Best Return on Your College Investment


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Our tour in Lima was our first Tours by Locals.. It was so wonderful. Aaron was on top of everything..knowledgeable, warm and welcoming. We all four just raved about our tour. The driver was also first rate. When we went back to Aaron's; where his mother prepared our dinner of local cuisine, we were just thrilled with the meal and sharing this special event with his family. I would rate this tour as the best; and of course would suggest anyone visiting Lima to try and take this tour with Aaron.


Myers Ottawa Nissan – located at 1085 Robertson Road – is looking for a hardworking Apprentice Automotive Technician to join their Service Department!
Communication is highly important. Excellent oral and written communication required. If you are able to deliver strong customer satisfaction consistently, are motivated and a great teammate, we are interested in speaking with you.


Where can a risk be taken with at least a decent chance it will be rewarded?That is the question the five riders who advanced to the jump-off at the $300,000 Hampton Classic Grand Prix on Sunday asked themselves as they surveyed the shortened course that would determine the winner.
McLain Ward and his horse, HH Gigi's Girl, ultimately found the best answer.
The Olympic gold medalist won the show's premier class, sponsored by Douglas Elliman Realty, for an unprecedented seventh time on Sunday, thanks to his and his horse's ability to make an extremely tight turn on the rollback—equestrian-speak for a hairpin turn—between the third-to-last and second-to-last jumps on course.
The turn was so tight and so well-executed that it drew "oohs!" and "aahs!" from the crowd that packed the grandstand and VIP tents surrounding the field.
Ward rode second in the five-person jump-off and knew that he had to put pressure on the final three riders, Lindsay Douglass, Lucy Davis and Shane Sweetnam. Sweetnam, an Irish rider who won the Grand Prix qualifier on Friday, is well-known for pushing the pace, and Ward said afterward that he knew he needed to make it as tough as possible for Sweetnam to beat him.
"He's been on great form this whole week, so I knew he was going to be a threat," Ward said. "Gigi is a great developing horse, but not so much experienced, and she loses a little time in the air. But she's brave, so I thought maybe I could risk it.
The tight turn allowed Ward to finish with a time of 39.32 seconds. Sweetnam and his mount, Main Road, went clear and fast as well, but not enough to catch Ward, settling for second with a time of 41.24 seconds.
Sweetnam knew exactly what Ward had done, watching his round on a screen inside the schooling ring adjacent to the Grand Prix field. Sweetnam has won just about every big open jumper class at the Classic, except for the Grand Prix, but while that top prize had so far eluded him, he took another second-place finish in stride.
Ward took home top honors on Sunday afternoon, but Sweetnam was the most consistent rider of the week in the show's open jumper classes, winning the Longines Rider Challenge and a check for $30,000 for accumulating the most points in that division.
Davis and her horse, Caracho 14, finished third, while Mario Deslauriers and his horse, Bardolina 2, were fourth. Both riders had clean rounds in the jump-off but were slower than Sweetnam and Ward. Douglass and her horse, Butterfly Tibri Z, were fifth, with two knockdowns.
Davis was showing in the Hampton Classic for the first time in six years and said she was overwhelmingly happy with her finish.
"I've been working with this horse since he was 7, and I've always thought he'd be special, and he's proving to be even more special than I thought, so I'm so proud of him," she said.
Davis, a California native now based out of Old Salem Farm on the East Coast, said she plans to make it to the Classic next year as well. She also rides with Douglass, who made the jump-off in what was her Hampton Classic Grand Prix debut. After the class, she told Hampton Classic Press Coordinator Marty Baumann that it was the happiest day of her life.
For Ward, it was another day to cement his legacy as one of the top riders in the world, and certainly the most prolific winner of the Hampton Classic's main event. He has now won the Grand Prix—which began in 1977—more than twice as often as any other rider.
Ward's first win came in 1998, when he won aboard Twist du Valon. The pair defended the title the following year, and he won again in 2003, aboard Hurricane. Ward pulled off a three-peat from 2009 through 2011, with his famous mare Sapphire the first of those two years, and with Antares F in 2011.
Other three-time winners include Rodney Jenkins (1981, 1983 and 1984), and Margie Goldstein-Engle (2000, 2001, 2002).


In the allopathic treatment of impacted wisdom teeth, over-the-counter pain relievers may help if the impacted tooth causes discomfort. Over-the-counter mouthwashes are used that are soothing to the gums. Antibiotics may also be prescribed before the extraction if the tooth is infected.
In the surgical procedue of impacted wisdom teeth,local anesthesia is given to you which your mouth. An incision is made in your gums and removes the bone that blocks access to the impacted tooth. After removing the tooth, the dentist or oral surgeon typically closes the wound with stitches and packs the empty space (socket) with gauze.
Wisdom teeth are the third set of molars located in the very back of the mouth. They don't have enough room to emerge or grow normally. In some cases, impacted wisdom teeth may cause no apparent or immediate problems but it can result in pain, damage to other teeth and other dental problems.
Wisdom teeth become impacted because they don't have enough room to come in or grow normally.
Be the first to comment on "Impacted Wisdom Teeth"


Below is our quality default host having public dns also api.qa.**** .
The setup is a 5 node private cloud with 2 routers- routers being 1*.**.***.105 and 1*.**.***..100.
We are getting 404 error code for all api's.
d) ELB is in DMZ and it will load balance between both the ip address of router.
My assumption is due to the ip address which ELB sees , its getting 404 error code.
Do you have any suggestions how to resolve this? I am sure this scenario is nothing new in apigee.
An f5 load balancer - if im not mistaken - will use the API address and PORT (aka 10.3.244.100:9001) to route traffic - so this is sort of consistent if you cannot call that address directly.
I assume you are seeing the same behavior against BOTH servers? If you are great. If not, dont forget to check out what load balancing algo you are using. Least connections is a nasty foe sometimes.
Maybe you should re-set the host aliases and double check that you dont have any evil windows characters in the strings? in THEORY this should not impact a JSON or XML put but it might be worth checking.
If you are 16.x you might need to get some support insight into whats going on with the router.
Apigee its self REQUIRES a specific host name pattern to be set to respond.
If that host name pattern is not set in the listener the traffic will be dropped by apigee.
From my internal network I can address each individual server by internal FQDN host name, and ip address- but i need to include the port number.
api.xxxx.xxxx.com (the first line) and that host header gets passed along with the request to the back end.
I dont think we did anything special to make sure that the host headers were relayed in the f5.
I would recommend getting on the phone with apigee support about solving the direct to server problem, and work with your f5 people on the rest.
@Benjamin Goldman firstly thanks for being patient with me :) .
api.xxxx.xxxx.com (the first line) -- is the f5 inside or outside DMZ .. meaning the f5 have an external IP also along with the VIP?. Reason being my f5 is inside DMZ and also contains the VIP.
api.xxxx.xxxx.com (the first line) -- does the the public domain resolve to VIP of f5 when trying from internal network ?. Reason being it's the case for me.
Having fixed this via a workaround , it's still worth checking from your side why a well known loadbalancer like f5 does not work well with apigee.
Maybe you guys can fix in next release if issue is from apigee side . It would be helpful for other customers .
@Sujith Mathew any chance you can share what you did to fix your problem? I have been running multiple on premise instances, some with global footprints, for several years, behind F5 load balancers and I dont have any issues.
I am curious: explicitly what did you do to get your setup working?
Are you really using ELB? I thought that was an Amazon AWS (hosted) load balancer, suitable for AWS EC2 instances? Am I wrong?
The most likely cause is what you already suggested (implicitly) by your question: somehow the hostname is being stripped between the client and the router. Is it possible that the F5 device is stripping the hostname? Can you check that?
Can you see if the F5 is receiving the call, and what it does with the inbound call?
I suppose that is generated by Apigee Edge. You will probably see the Apigee Edge headers in the response, no?
The 404 you receive when you invoke from the internet... is it the same 404? Does it have Apigee Edge signatures? If it DOES, then Apigee is receiving the call. If not, then the call never reaches Apigee Edge.
@dino did i confuse you? apologies .
Its a private cloud installation , no AWS, its f5 .
well.. the hostname is not used from f5 because DMZ cannot recognize internal hosts.
Yes, f5 is receiving the call.
curl -X GET 1*.**.***.100:9001 even from inside the intranet giving error , curl -X GET 1*.**.***.100:9001 -h hostname is working fine in intranet.
from the internet the apigee standard 404 page is coming for all api calls with header "404". Yes it has apigee signatures.
if you are running 16.x your router could still be up and running and your message-processor could be in a bad state.
id get support on the line and get them to walk you through a couple of troubleshooting steps. Id outline some here but its super late already and im half asleep.


Advancing Recovery in Ireland's summer newsletter is available to read here.
Dr Jennifer McMahon has been awarded by University of Limerick's Institutional Award for Excellence in Service in the Community.
mental health problems can also be resolved through every day social interactions and through peer and community support.
Peadar McDaid meets with Moville Mental Health Association on his 241km walk around Donegal to highlight mental health services in the county.


The Pilgrims used Sugar Baby pumpkin for their first Thanksgiving feast.
Every pumpkin has a best purpose. When it comes to choosing a pumpkin, think about what you want to do with it. All pumpkins are edible, but some taste better than others. Then there are those that are best for carving. Here are a few of our favorite varieties, with their best use!
'Jack Be Little', a miniature variety, is dual purpose. Store-bought shiny (painted) ones make an ideal decoration for a holiday table. Remove the seeds from farm- or home-grown specimens and then bake them for a tiny treat.
'Sugar Treat' and 'New England Sugar Pie' are two of the best for cooking and baking.
Heirloom 'Winter Luxury Pie' (aka Livingston's Pie Squash) gets raves for taste but boos for not lasting too long on the vine.
'Baby Pam'; 'Small Sugar'; 'Spookie', a cross between 'Sugar Pie' and 'Jack O' Lantern'; and 'Spooktacular' are great for cooking or carving.
'Autumn Gold' and the larger 'Magic Lantern' and 'Merlin' are great for carving and decorating.
'Big Max', 'Big Moon', 'Jack O' Lantern', and 'Funny Face' are some of the best giant pumpkins for carving.
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Blog: What Is Pumpkin Chunkin?


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Home Latest News Computer Science team codes its way to worlds in Poland
Computer Science team codes its way to worlds in Poland
Sarah Caspari
Computer language may be Greek to some students at the College of William and Mary, but the campus coding team's fluency is taking them beyond campus and national borders.
For the first time in the College's history, the school's coding team will be participating in the Association for Computer Machinery's International Collegiate Programming Contest in Warsaw, Poland.
The College sent two teams to compete in the regional contest at Christopher Newport University earlier this year. Team Gold, which is comprised of Michael Christiensen '11, M.S. '12, Aaron Dufour '12 and Brett Cooley '13, placed second in this competition and will advance to the international competition, which will be held in May.
"The teams are three [people] and they're given one computer, and they're given then — the standard is eight — problems, and they have to solve as many of those as possible using Java C++ or C, which are programming languages," computer science instructor and coding team coach Debbie Noonan said. "These are from relatively simple to very complex, and they have a time limit. The regional contests are five hours; the international contest, I think, is five and a half hours. So, you have to know how to program, you have to know how to program well, in order to succeed at doing this."
This is the first time that the College has sent a team to the IBM-sponsored international competition, although it has competed in the regional rounds for many years. The Mid-Atlantic region includes 166 teams from Virginia, Delaware, Maryland, Washington, North Carolina, parts of Pennsylvania and parts of West Virginia. As a result of the region's vast size, the competition is held at eight different sites.
"The teams we've had in the past have done well on site," Noonan said. "Five times we've gotten first on site, best of all the other people that are at that site. But the best that we've ever done regionally is, like, 10th, which is really good when you think about the schools we're competing against. I was very excited by 10th when we got 10th, but this year, to get second, oh my God, I was bouncing off walls."
The College beat Virginia Tech for the first time and was outdone only by Duke University.
The top four teams from the region were selected to go to the international competition, which will take place almost immediately after commencement.
"We didn't really prepare for regionals, so we didn't have a bunch of team time before then. We didn't expect to win or do well, but now that we did, we're probably going to spend a lot more time practicing," Christiensen said. "That's where it's going to be an interesting dynamic. We're going to figure out each other's strengths and weaknesses, and it's all going to get strategic."
Once in Warsaw, the team will follow an itinerary set by the ACM, which will include preparation and recreation in addition to the actual coding competition.
"We're there for five days, and the competition's only one. There are people giving talks, and they have some planned excursions — I don't really know what they're going to be like," Dufour said.
If the team performs well in Warsaw, the computer science department at the College can expect to grow.
"The department is growing significantly, and this is a national trend," Noonan said. "I think if we did well in this contest and we advertised it well, then I think that people would look at us and go: Maybe this is a cool department — let me go try it out.'"
For the team, the value of the competition lies mainly in the enjoyment they get from it.
"It's just fun to show up, because you're there for like five hours, which sounds awful — five hours of programming — but it's just kind of a fun experience, and the atmosphere there is nice," Dufour said.
international competition
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Senior staff writer Sarah Caspari '15 is an English and Latin American studies major from Montvale, N.J. She was previously Chief Staff Writer, Variety Editor and Associate Variety Editor.
Sunday, Feb. 5, William and Mary women's basketball (12-10, 7-4 CAA) edged out Monmouth (11-12, 6-6 CAA) 73-68 at Kaplan Arena in Williamsburg, Virginia. Sunday's...
Peerawut Ruangsawasdi - February 8, 2023
Tuesday, Jan. 31, the Student Assembly of the College of William & Mary confirmed SA President John Cho '23's nominees, John Willis '23 and Reenie Tian '26, as Secretary of Data & Analytics and member of the Independent Elections Commission, respectively. SA also confirmed Sen. Brendan Clark J.D. '24 and Carter Daugherty '25 as members of the Honor System Advisory Committee and discussed legislation regarding graduate students and funding an ice cream truck for the Day for Admitted Students event.
Confusion Corner: Fizzin' Up with Fizz: New social media app with history of data...
Phebe Fahmy - February 7, 2023
Fizz, a social media app designed by two Stanford University dropouts, officially made its way around the College of William and Mary's campus Jan....


Kurt will be performing solo on Record Store at at Dallas' Good Records. If you don't know when Record Store Day is, it's this Saturday, April 16th. Flyer with more details below. Kurt's on at 3pm, local.
That's not all the Kurt Vile news we have for you today. Dylan Fest in Nashville was just announced and Kurt will be among a pretty incredible list of other performers that will be helping celebrate Bob Dylan's 75th birthday. Proceeds go to Thistle Farms. Tickets are on sale April 16th.


text:
– 77. cesarz Japonii, według tradycyjnego porządku dziedziczenia.

Przed wstąpieniem na tron nosił imię . Był pierwszym synem cesarza Toba i ojcem cesarzy Nijō i Takakury.

Go-Shirakawa panował w latach 1155-1158.

Mauzoleum cesarza Go-Shirakawa znajduje się w Kioto. Nazywa się Hōjū-ji no misasagi.

Przypisy

Bibliografia
 Alexandrowicz, Jerzy and Jan Banzemer. (1902). Wielka encyklopedya powszechna ilustrowana, Vols. 31-32. 	Warszawa: Druk. Jezierski. OCLC 255159704
 Titsingh, Isaac. (1834). Nihon Ōdai Ichiran; ou, Annales des empereurs du Japon. Paris: Royal Asiatic Society, Oriental Translation Fund of Great Britain and Ireland. OCLC 5850691

Urodzeni w 1127
Zmarli w 1192
Cesarze Japonii


If you've been injured in an accident involving a vehicle, our expert team are on hand to provide the best support you and your family needs.
Being involved in an accident can be very distressing and on top of the pain and inconvenience of your injuries, you may be facing additional challenges. If you're unable to work while you recover, we may be able to secure an interim payment to help you cover your bills, and if your vehicle was damaged in the accident, we can help you get back on the road as quickly as possible.
We also have expert teams that specialise in brain and spinal injuries and injuries that could result in amputation, so if you are facing a serious and life-changing injury, our people are here to help lighten the emotional load. We'll help to secure the support you need now and ensure that your requirements are covered in the future too.
Read about how we helped Reece.
A small team will be assigned to your case, so you're always in the right hands at the right time. We'll make sure your medical assessment is carried out locally to you at a time that suits you. We can also help you recover uninsured losses – things like the excess on your car insurance policy, or damage to your clothes and belongings.
Although the claims process may feel daunting, we'll ensure you have access to the right support when you need it most.


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Confirmed: Samsung's new iPhone XS Max rival will arrive on August 7
By Killian Bell • 5:29 am, July 2, 2019
You'll be able to watch the event online.
Photo: Samsung
Samsung today issued invites for a big Galaxy Unpacked event on August 7. The South Korean company is expected to unveil its newest rival to the iPhone XS Max — the much-anticipated Galaxy Note 10.
We recently got a glimpse at leaked photos of the device, which will offer a giant edge-to-edge display with a tiny camera cutout.
Samsung's event, like many Unpacked events before it, will be held in New York City. The invitation issued to the press today doesn't give much away — but there is something we can take from it.
What to expect from the Galaxy Note 10
The invite shows a shiny new S Pen that draws a rather large camera sensor. It is believed this hints at a big upgrade for the Note 10's front-facing selfie shooter, which will sit by itself on the front of the phone.
Samsung seems to be doing away with the secondary depth sensor found on the Galaxy S10+. This allows the camera cutout in the large screen to be even smaller. It's unlikely that depth sensor will be missed on the front of the phone.
The Note 10 is also expected to pack Qualcomm's latest Snapdragon 855 processor in certain regions — including the U.S. — while some versions of the device could offer a whopping 12GB of RAM.
A new contender to iPhone XS Max
As one of the largest flagships in Samsung's lineup, the Note 10 is positioned to do battle with the iPhone XS Max. It will likely cost around the same price, but its built-in S Pen, lack of notch, and greater flexibility allowed by Android will make it a more appealing alternative for some.
If you're interested in what Samsung has up its sleeve, you'll be able to tune in to its Unpacked event on August 7. It kicks off at 4 p.m. local time (1 p.m. PDT) and will be live-streamed on Samsung's website at samsung.com/galaxy.
If we're really, really lucky, the event may also bring an official update on the long-awaited Galaxy Fold. But I wouldn't get your hopes up.
Posted in: CoA, News, Top stories Tagged: Android, camera, Galaxy Note 10, Galaxy Unpacked, iPhone, iPhone XS Max, Note 10, S Pen, Samsung


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Australia to Send Asylum Seekers to Cambodia
A deal expected to be signed this week has already sparked widespread criticism.
By Jarni Blakkarly for The Diplomat
Credit: Asylum seeker protest via paintings / Shutterstock.com
After months of government negotiations, a deal is expected to be signed this week to move 1,000 refugees from Australian-run detention centers to Cambodia for permanent settlement.
Australian Foreign Minister Julie Bishop is reported to have met with her Cambodian counterpart Hor Namhong on the sidelines of the East Asia Summit foreign ministers meeting in Myanmar over the weekend.
Meanwhile, Australian Immigration Minister Scott Morrison is said to be travelling to Cambodia later this week to sign off on the deal.
Details of the deal are scarce, as the Australian government has kept negotiations largely under wraps since announcing the plan to send refugees to Cambodia in April.
However it is believed that 1,000 refugees who are currently being held in detention on Nauru will be transferred to Cambodia. For its cooperation, Cambodia will receive financial benefits in the form of aid. While not verifiable the figure being reported is A$40 million ($37 million).
The planned deal has sparked criticism from human rights groups, UN officials, and Australian and Cambodian opposition politicians.
Australia's opposition Labor Party has slammed the government for its lack of transparency on the issue, while senior Cambodian National Rescue Party politician Son Chhay said Cambodia shouldn't become a "dumping ground" for Australia's refugees.
Asian Deputy Director of Human Rights Watch Phil Robertson said that Australia was seeking to outsource its refugee obligations.
"At its core, the Australia refugee dumping deal is all about Canberra violating its rights obligations and paying Phnom Penh to clean up the mess. Prime Minister Tony Abbott and his government should be universally condemned for his central role in trashing the principle of refugee protection in the region," he said.
While Cambodia is a signatory to the UN Refugee convention, the country has a poor human rights record, and many have argued that Australia cannot guarantee the safety of refugees sent there.
In 2009, Cambodia sent 20 ethnic Uighur refugees back to China while the UN was processing their asylum claims. Four of them were later sentenced to death while the others were given lengthy prison sentences.
The Cambodian Human Rights Action Committee has also been vocal in its opposition to the move, saying that the country was not safe to settle refugees. "There is a serious culture of impunity where Cambodian security forces and government agencies have been known to commit abuses such as killings, torture, and arbitrary detention without being held accountable. Those living on the margins are particularly vulnerable to the abuses."
The latest move by the government is in line with earlier pronouncements that no asylum seekers who arrived illegally by boat would ever be settled in Australia. In recent times, the Australian government has made arrangements with Papua New Guinea to settle refugees after processing.
Australia asylum seeker policy
Australia-Cambodia relations
Julie Bishop
Tony Abbott
Australia Settles $70 Million Suit with Detained Asylum Seekers
By Grant Wyeth
Had the suit gone to court, it would have aired allegations of abuse at Australia's PNG-based detention facility.
Australian Government Proposes Visa Ban on Prior Asylum Seekers
The Coalition has long catered to far-right elements. The new legislation follows that trend.
Why Is Immigration a Non-Issue in Australia's Election?
Beyond a hardline stance toward asylum seekers, the broader issue of immigration is not a prominent electoral concern.
Australia's Controversial Asylum Policies
By Gemima Harvey
The country's brutal policies are leaving it increasingly isolated.


A vertical farm is a building designed for growing food in cities. Though none has yet been built, architects from around the world continue brainstorming.
Four architects comment on their futuristic designs for vertical farms of the future in this video.
The skyscraper farming idea doesn't require any chemicals and was specifically designed to be used in limited space. Whether or not it will be feasible as an investment remains to be seen.
Naturally, the designs that don't rely on cheap energy will be the ones to bet on.


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7-Eleven and Nuro Team Up to Launch First Commercial Autonomous Delivery Service
CEM (Customer Experience)
7-Eleven, Inc. is bringing a futuristic innovation to Mountain View, CA, customers by piloting autonomous delivery with Nuro, a robotics company transforming local commerce with autonomous vehicles. In collaboration with Nuro, 7-Eleven is launching the first autonomous commercial delivery in the state of California, enabling its customers in the service area to order through the 7NOW® delivery app to have their products delivered via bot.
"7-Eleven has owned and defined convenience since 1927," said Raghu Mahadevan, 7-Eleven Chief Digital Officer. "Our first foray into autonomous delivery was in 2016 when 7-Eleven became the first retailer in the U.S. to make a drone delivery to a customer's house. Since then, we haven't stopped looking for ways to redefine convenience for our customers inside and outside the four walls of our stores. Fast forward to 2021, and we are pushing the boundaries of innovation even further to provide customers with the first commercial autonomous delivery service in California. I can't wait to see where we go from here."
Get Started: Download the 7NOW delivery app through Google Play, the Apple App Store or visit 7NOW.com.
Order: Browse the app to purchase favorites like pizza, chips, beverages, household items and more. Add items to your shopping cart, begin the checkout process, and choose autonomous delivery. Autonomous vehicle deliveries are available daily from 8:00 a.m. – 9:00 p.m. PT at no additional charge for customers in Mountain View, CA.
Enjoy: The 7NOW delivery app will send updates as the order is processed, and orders will arrive in approximately 30 minutes. Simply meet the autonomous vehicle outside, grab your items from the back of the vehicle and enjoy.
Nuro will begin this delivery service with its autonomous Priuses and later introduce R2 bots, the company's autonomous robots that are custom-built to transport products and goods without any occupants in the vehicle. Nuro became the first autonomous vehicle company to receive a deployment permit from the California DMV in December, 2020, enabling the launch of this inaugural commercial delivery service in the state in collaboration with 7-Eleven.
"Residents in the state of California – a major hub of innovation – have never been able to experience the commercial delivery of goods by an autonomous vehicle. Nuro is teaming up with 7-Eleven to change that," said Jiajun Zhu, Nuro CEO and Co-Founder. "We've always wanted to bring Nuro's autonomous delivery to our local community and to our neighbors. We couldn't be more excited to do this with an iconic neighborhood store like 7-Eleven in our hometown, Mountain View."
Introduced in late 2017, 7NOW® Delivery is available throughout the U.S. and offers real-time tracking that lets customers know when to expect their orders, typically in 30 minutes. The 7NOW app can be downloaded from the App Store or Google Play, or by visiting 7NOW.com.


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Conklin v. Medtronic, Inc.
Ginger Pigott[1] and Richard Tabura[2]
Why It Made The List
Conklin made the list of "top food and drug cases" in 2018 because in it the Arizona Supreme Court effectively invalidated Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013), a troublesome decision by the Ninth Circuit. In Stengel, the Ninth Circuit reversed the district court's order granting a motion to dismiss based on preemption. In so doing, the Ninth Circuit, sitting in diversity and purporting to apply Arizona law, had concluded that claims based on an alleged failure to report adverse events to the FDA ("failure-to-report claims") were neither expressly nor impliedly preempted. As outlined below, this opened-up a theory of liability that allowed a certain type of claim relating to a Premarket Approved device to proceed under circumstances where such claim might otherwise have failed entirely. In Conklin, the Arizona Supreme Court stated in no uncertain terms that the Ninth Circuit "incorrectly recited and applied Arizona law." Both Stengel and Conklin involved claims relating to Medtronic pain pumps, Class III Premarket Approved prescription implanted medical devices. The Conklin court held that failure-to-report claims were impliedly preempted. Conklin's reasoning is consistent with the majority of other circuits and states who have rejected Stengel's rationale. By invalidating Stengel, reliance on the decision is suspect going forward and it certainly should not be relied upon in courts applying Arizona state law. But its import is broader and demonstrates the ongoing chess match of preemption and the interplay of state and federal courts applying these important legal theories.
To properly understand the significance of the Conklin decision, we will first give a very brief background of Premarket Approved medical devices and the general application of preemption barring most state law claims. We will then give a brief overview of the Stengel decision. Then we will dissect the Conklin case, including a background of the facts and procedural history, then analysis of the Supreme Court of Arizona's holding that is the focus of this chapter. Finally, we will discuss the anticipated impacts of the Conklin decision.
The Rigorous Premarket Approval Process
Class III medical devices are thoroughly regulated by the FDA pursuant to the 1976 Medical Device Amendments ("MDA") to the Food Drug and Cosmetics Act ("FDCA").[3] The FDA scrutinizes every aspect of Class III devices, including the design, manufacturing process, labeling, and warnings. FDA approval of such devices confirms their safety and efficacy. Once a device receives Premarket Approval, the MDA forbids changes in design, manufacturing, labeling, or other attributes that would affect safety or efficacy.[4] To make changes, FDA requires a supplemental Premarket Approval that is evaluated under essentially the same rigorous criteria as an original application.[5]
Even after the FDA grants Premarket Approval for a device, the device is "subject to reporting requirements."[6] Those requirements include "the obligation to inform the FDA of new clinical investigations or scientific studies concerning the device which the applicant knows of or reasonably should know of,"[7] "and to report incidents in which the device may have caused or contributed to death or serious injury[] or malfunctioned in a manner that would likely cause or contribute to death or serious injury if it recurred."[8] The documents to which this latter requirement refers are called "adverse event reports." These adverse event reports and the federal duty to inform the FDA, and whether Arizona imposes a separate but identical duty upon medical device manufacturers, is the key distinction between Stengel and Conklin. The Ninth Circuit applying Arizona law in Stengel determined there was such a duty in Arizona. The Supreme Court of Arizona, whose interpretation of Arizona state law is authoritative, held there was and is no such state duty to inform the FDA.
Preemption and Premarket Approved Medical Devices
The MDA contains an express preemption provision. The provision has been interpreted as setting forth the following two-part test for determining whether the MDA expressly preempts a claim: (1) has "the Federal Government . . . established requirements applicable to [the medical device]"? (2) If so, are the common law claims based on state law requirements "with respect to the device that are 'different from, or in addition to,' the federal ones, and that relate to safety and effectiveness"?[9] The first part of the test is satisfied where a device has Premarket Approval.[10] While the second part of the test is one that has been well-litigated, in general, traditional state law tort claims are most often considered preempted because successful claims of a failure of design, manufacture or labeling (along with general breach of warranty and negligence claims) would require the manufacturer to have done something 'different from, or in addition to' what was required as part of the Premarket Approval, and that is not permitted.[11]
The MDA also impliedly preempts certain state law claims. The MDA states that "all . . . proceedings for the enforcement . . . of this chapter shall be by and in the name of the United States."[12] This has been interpreted to mean that "it is the Federal Government rather than private litigants who are authorized to file suit for noncompliance with the medical device provisions."[13] Thus, state tort law claims premised solely on noncompliance of the MDA are impliedly preempted.[14] This is sometimes referred to as "Buckman preemption."
Taken together, there is only a 'narrow gap' to survive both express and implied preemption in claims involving premarket approved medical devices.[15] "To make it through, a plaintiff has to sue for conduct that violates a federal requirement (avoiding express preemption), but cannot sue only because the conduct violate[s] that federal requirement (avoiding implied preemption.)"[16] If a plaintiff can fit this 'narrow gap', they are said to have alleged a "parallel claim."
Stengel v. Medtronic Inc., 704 F.3d 1224 (9th Cir. 2013)
To understand the significance of Conklin, one first must be familiar with the Stengel decision. The case was decided by the Ninth Circuit Court of Appeals who had the case before them based on diversity jurisdiction. The court purported to apply Arizona State Law.
The plaintiffs in Stengel made claims against Medtronic related to a Premarket Approved pain pump. In relevant part, the plaintiffs alleged that Medtronic had a "continuing duty to monitor the product after pre-market approval and to discover and report to the FDA any complaints about the product's performance and any adverse health consequences of which it became aware and that are or may be attributable to the product."[17] The Stengel plaintiffs further alleged that because Medtronic failed to comply with its duty under federal law, it breached its "duty to use reasonable care" under Arizona negligence law.[18] In short, they alleged that Medtronic's failure to warn the FDA (by not providing adverse event reports) was a violation of Arizona law.
The Ninth Circuit held that the Stengel Plaintiffs' failure-to-report claim under Arizona law was not preempted.[19] Without citing to any Arizona authority, the Ninth Circuit speculated that "Arizona law contemplates a warning to a third party such as the FDA."[20] As a result, the failure-to-report claims paralleled the federal-law duty under the MDA, fitting within the 'narrow gap' to survive express and implied preemption.
The Conklin Case-Background
Conklin was an Arizona state court case involving a plaintiff who asserted products liability claims against Medtronic related to a Premarket Approved pain pump similar to the one involved in Stengel. As part of his claims, Conklin alleged that before his injury, Medtronic had failed to report adverse events to the FDA after the FDA approved the pain pump in its Premarket Approval. He further alleged that Medtronic's failure to report post-premarket approval adverse events to the FDA in violation of federal law gives rise to liability under Arizona common law[21] (i.e., a "parallel" claim).
Medtronic moved to dismiss all of Conklin's claims based on express and implied preemption. The superior court agreed and dismissed the entire action with prejudice.[22] The Arizona court of appeals affirmed the dismissal of Conklin's claims based on design defect, manufacturing defect, and breach of warranty. However, the court of appeals vacated the dismissal of Conklin's failure-to-warn claim, which again was premised upon Medtronic's failure to report to the FDA adverse consequences involving the device.[23]
In holding that Conklin's failure-to-report claim was not preempted, the Arizona Court of Appeals relied on Stengel. The key to the appellate court's holding in Conklin (like Stengel) was that it held that Arizona state law imposed a duty to warn the FDA. Therefore, the failure-to-report claim was not solely premised upon a violation of the MDA, and thus not impliedly preempted.
Supreme Court of Arizona
The issue before the Supreme Court of Arizona was whether federal law preempts a failure-to-warn claim predicated solely on a medical device manufacturer's failure to submit adverse event reports to the FDA. Another way to look at the issue was whether Conklin's failure-to-warn claim fits within the "narrow gap" so as to avoid being expressly and impliedly preempted – i.e., (1) did Conklin's failure-to-warn claim assert a violation of a federal requirement (avoiding express preemption)? And (2) was Arizona law violated so that the basis of Conklin's claim was not solely predicated upon the violation of a federal requirement (avoiding implied preemption)? The Supreme Court of Arizona only addressed the latter question, and ultimately held that Conklin's failure-to-warn claim was impliedly preempted.[24]
The dispositive issue for the Supreme Court of Arizona was whether Conklin had a claim under Arizona state tort law based on Medtronic's failure to submit adverse event reports to the FDA. If not, the claim would solely be predicated upon the violation of the MDA and would be impliedly preempted under Buckman.[25]
The court assumed without deciding that adverse event reports are "warnings" under Arizona law.[26] The court went on to discuss the scope of a manufacturer's duty to warn. A manufacturer could discharge its duty to warn by relaying warnings to the actual consumer, or to a learned intermediary.[27] Under Arizona law, while a manufacturer could discharge its duty by warning a learned intermediary, it could not do so by warning any and all third parties.[28] The court then stated:
Arizona law does not permit a manufacturer to satisfy its duty to warn end-user consumers by submitting adverse reports to the FDA. And conversely, a manufacturer does not breach its duty to warn end users under Arizona law by failing to submit adverse event reports to the FDA. Conklin cites no authority, and we are aware of none, for the proposition that Arizona law requires a manufacturer to warn a federal agency.[29]
As a result, Conklin's alleged claims only purported to violate federal law, and not Arizona law, and his failure-to-warn claim was therefore impliedly preempted.[30]
The court then sharply disagreed with the Ninth Circuit in Stengel, dismantling its application of Arizona law.
[Stengel] was based on the unsupported premises that, "[u]nder Arizona law, a warning to a third party such as the FDA" and that, "[u]nder Arizona law, a warning to a third party satisfies a manufacturer's duty if, given the nature of the warning and the relationship of the third party, there is 'reasonable assurance that the information will reach those whose safety depends on their having it.'" [citations omitted]. Neither premise comports with Arizona law . . . established law does not recognize a claim merely for failure to provide something like adverse event reports (which may not qualify as "warnings" under Arizona law) to a government agency that has no obligation to relay the information to the patient. [emphasis added.][31]
Thus, the Supreme Court of Arizona declined to follow Stengel, stating that it "incorrectly recited and applied Arizona law." The superior court's judgement dismissing the entire action with prejudice was therefore affirmed, and the Supreme Court of Arizona vacated all of the statements in the court of appeals' opinion relating to Conklin's failure-to-warn claim that was inconsistent with its opinion.[32]
Conklin's impact is continuing to unfold. The obvious initial impact has been the apparent nullification of the Ninth Circuit's Stengel decision, which was premised upon unsupported and misapplied Arizona state tort law. There is no question that the independent duty required by the FDCA for a manufacturer to report adverse events to the FDA does not give rise to a cause of action in Arizona for an individual plaintiff under a common law failure to warn theory. This follows a line of other cases similarly declining the Stengel interpretation in other states.[33] In cases finding these claims impliedly preempted, courts have analogized to Buckman and have held that such failure-to-report claims are nothing but an effort by plaintiffs to enforce the MDA.[34]
The broader impact for Conklin can be seen in how it speaks to federal courts attempting to read tea leaves with respect to unsettled state law. Indeed, Conklin should be viewed as a check on what commentators have described as "a usurpation of state court power for a federal court sitting in diversity to make up new theories of liability under state law."[35] Under the Erie doctrine, federal courts sitting in diversity are bound by state court decisions as well as state statutes when deciding questions of substantive law.[36] There can be no serious dispute that whether or not a manufacturer has an obligation to report adverse events to the FDA (aside from the requirements mandated by the MDA) is a "substantive" issue and not a "procedural" issue. The highest court of Arizona has spoken and has made clear that there is no duty for manufacturers to report adverse events to the FDA.
In addition, Conklin may have some restraining impact on courts that appear to look for ways to find some surviving claims once finding express or implied preemption has eliminated more traditional theories of recovery. We saw this trend after Stengel, where courts, particularly in the Ninth Circuit and its encompassing states, permitted failure-to-report claims to proceed in the face of preemption challenges. Many of these cases rely on Stengel without otherwise doing a thorough preemption analysis.[37] After Conklin, however, the support for such claims has taken a blow and it may cause courts to take a closer look at whether a failure to report claim is able to survive a preemption challenge.
In Arizona, at least, we should see failure-to-report claims disappear. It is likely these types of claims will diminish elsewhere in the Ninth Circuit and places where the Stengel rationale was adopted though that will depend on what else was behind the decision and whether higher courts in various states have also adopted a position based on other state law. We also expect to see the logic of Conklin being used broadly to remind federal courts sitting in diversity to closely look at the state law being applied and, if none is present, to respect the separation of state and federal power and not create new theories of liability under state law. For these reasons, the Conklin decision should be viewed as a major win for the rule of law and the application of implied preemption.
[1] Ginger Pigott is Vice Chair of the Pharmaceutical, Medical Device & Health Care Litigation Practice at Greenberg Traurig LLP in Los Angeles. She focuses her practice on products liability litigation with an emphasis on the defense of complex medical device and pharmaceutical products.
[2] Richard Tabura is an associate at Greenberg Traurig LLP in Los Angeles. He focuses his practice on pharmaceutical and medical device litigation.
[3] See 21 U.S.C. § 360c.
[4] Riegel v. Medtronic, Inc., 552 U.S. 312, 319 (2008).
[5] Id. (citing 21 U.S.C. 360e(d)(6); 21 C.F.R. § 814.39 (c)).
[6] Id. (citing 21 U.S.C. § 360i).
[7] Id. (citing 21 C.F.R. § 814.84(b)(2)).
[8] Id. (citing 21 C.F.R. § 803.50(a)).
[9] Id. at 321-22.
[10] Id. at 322-323.
[11] Id. at 323; see also, Blanco v. Baxter Healthcare, 158 Cal.App.4th 1039, 1055-59 (2008) (finding all claims preempted notwithstanding a recall of the product at issue); Lowe v. Medtronic Inc., et al., 2012 WL 3656468 (C.D. Cal. 2012) (motion to dismiss granted based on preemption); Erickson v. Boston Scientific Corp., 846 F. Supp. 2d 1085 (C.D. Cal. 2011) (granting judgment on the pleadings on strict liability-failure to warn, strict liability-design and/or manufacturing defect, negligence, and gross negligence-malice as expressly preempted).
[12] 21 U.S.C. § 337(a).
[13] Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341, 349 n.4 (2001).
[15] Mink v. Smith & Nephew, Inc., 860 F.3d 1319, 1327 (11th Cir. 2017).
[16] Id.
[17] Stengel v. Medtronic Inc., 704 F.3d 1224, 1232 (9th Cir. 2013).
[19] Id. at 1233.
[21] Conklin v. Medtronic, Inc., No CV-17-0322-PR, slip op. p. 2 ¶3 (Ariz. Dec. 18, 2018).
[22] Id. at 3.
[31] Id. at 10.
[33] See, e.g., Norman v. Bayer Corp., No. 3:16-cv-00253 (JAM), 2016 U.S. Dist. LEXIS 96993, at *11-12 (D. Conn. July 26, 2016) (finding that failure-to-report claims were preempted and distinguishing Stengel on the ground that it did not accurately describe Connecticut law); Pearsall v. Medtronic, Inc., 147 F. Supp. 3d 188, 201 (E.D.N.Y. 2015) (finding that failure-to-report claims were preempted and distinguishing Stengel on the ground that New York law did not parallel federal requirements); Aaron v. Medtronic, Inc., 209 F. Supp. 3d 994, 1006 (S.D. Ohio 2016) (distinguishing Stengel on the ground that Ohio state law and the FDA's adverse event report rule were not parallel).
[34] See, e.g., Bryant v. Medtronic, Inc. (In re: Medtronic, Inc., Sprint Fidelis Leads Prods. Liab. Litig.), 623 F.3d 1200, 1206-06 (8th Cir. 2010); Pontious v. Medtronic, Inc., No. 11-4069-CM-GLR, 2011 U.S. Dist. LEXIS 140717, at *6-7 (D. Kan. Dec. 7 2011). Some courts, however, will allow failure-to-report claims particularly where all of the plaintiff's other claims were independently preempted. See Drug and Medical Device Product Liability Deskbook § 5.02.
[35] Jim Beck, Breaking News – Arizona Supreme Court Repudiates Stengel, Drug and Device Law Blog, (Dec. 18, 2018), https://www.druganddevicelawblog.com/2018/12/breaking-news-arizona-supreme-court-repudiates-stengel.html.
[36] Erie R.R. v. Tompkins, 304 U.S. 64, 78, 58 S. Ct. 817, 822 (1938).
[37] See, Jones v. Medtronic, Inc., No. 15-15653, 2018 U.S. App. LEXIS 25474, at *2-3 (9th Cir. Sep. 7, 2018) (reversing a district court's dismissal of all of a formerly pro se plaintiff's causes of actions and remanding to permit the newly represented plaintiff to try and allege that Medtronic failed to report adverse events to the FDA, which the court held would not be preempted under Stengel); Martin v. Medtronic, Inc., No. 1:15-cv-00994-DAD-MJS, 2017 U.S. Dist. LEXIS 169996, at *13-14 (E.D. Cal. Oct. 13, 2017) (holding that a plaintiff's failure to warn claim premised upon Medtronic's failure to report adverse events in accordance with the MDA is not preempted, citing to Stengel.); Weaver v. Ethicon, Inc., No. 16cv257-GPC(BGS), 2016 U.S. Dist. LEXIS 169592, at *16, (S.D. Cal. Dec. 6, 2016) (relying on Stengel and holding that a failure to report adverse events to the FDA can form the basis of a parallel negligence claim that survives preemption.)
Top Food and Drug Cases, 2018
& Cases to Watch, 2019
Association for Accessible Medicines v. Frosh
In re Asacol Antitrust Litigation
McNair v. Johnson & Johnson
In re DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation
Eagle Pharms., Inc. v. Azar
Amarin Pharma, Inc. v. ITC
Cigar Association of America et al. v. Food and Drug Administration et al.
Hilsley v. Ocean Spray Cranberries, Inc.
Significant Settlements of 2018
FDA Opens Tobacco Rulemaking Dockets, Approves First Cannabis-Derived Drug and Reacts to the Legalization of Hemp, and Announces Plans to Significantly Change Medical Device Program
Food and Drug Cases to Watch in 2019
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The progress of any nation is very much dependent upon the availability of adequately trained manpower, both qualitatively & quantitatively. The educational institute plays the crucial role to provide the adequate manpower for the building of a nation. In addition to the adequate manpower the development of a country depends on the availability of health care facilities to its citizens. One of the top priorities of any nation is to develop advanced health care facilities and make them available to its people.
Thus, the medical education is unique in the sense of meeting the nation's requirements. Keeping this fact in mind the mission of SMIMER is to impart a level of education among its students requisite with the concept of producing doctors who are competent enough to meet the health care needs of the society and country as a whole. SMIMER, while simultaneously meeting the health care needs of the citizens living in the Surat city and the adjoining areas it is also fulfilling its second objective to provide educational opportunities to the students of Surat as well as the other parts of country. In order to full-fill both of these objectives, SMIMER is equipped with the state of the art technology and an experienced team of medical health professionals. Our endeavour is to make this college one of the premier institutes in the country and we will leave no stone unturned to match our parent organization i.e. Surat Municipal Corporation, which is known for establishing higher standards in providing civic amenities to the people residing in the corporation area.
To develop a centre of excellence. This would provide state of the art health care facilities to the people seeking medical services.
To excel in medical teaching and training and research activities.
To produce competent doctors to meet the health care needs of our citizens and to improve the health profile of our citizens.
The mission of SMIMER is to promote the health of the citizens of Surat city and provide quality medical education. We will full-fill our mission by emphasizing rigorous fundamentals while simulating innovation as we educate in a learning environments. Physicians, scientists and public health professionals would be stimulated to become leaders in their respective fields, contribute to the advancements of the medical sciences including both basic as well as applied medical sciences through discovery, research, scholarship and communication.


The owner of one of Brick's largest shopping centers is asking the township's planning board to approve a small addition in order to square off an end of one of its buildings.
Urban Edge Properties, the owner of the Kohl's and Shop-Rite plaza at the corner of Chambers Bridge Road and Route 70, has proposed the construction of a 3,757 square foot addition to the end cap unit adjacent to the existing Old Navy retail store within the existing shopping center.
"You don't really notice it when you're standing there, but the building ends on an angle, and they're proposing to put a small addition on to square it off," said Township Planner Mike Fowler.
The request was heard by the planning board at its Nov. 4 meeting but has been carried to a new meeting date in January, according to officials.
According to planning documents, the project requires re-approval of several variances that were already in place for the existing shopping center. The number of parking spaces in the shopping plaza will remain the same, at 1,148.