CARLOS GAUDENCIO M. MAÑALAC, COMPLAINANT, VS. HON. EPITO B. GELLADA, PRESIDING JUDGE, BRANCH 53, REGIONAL TRIAL COURT, BACOLOD, CITY, NEGROS OCCIDENTAL, RESPONDENT.
Complainant Carlos Gaudencio M. Mañalac, for and on behalf of Philippine Investment One (SPY-AMC), Inc. (PI One), filed this complaint against respondent Judge Pepito B. Gellada (Judge Gellada), former Presiding Judge of Branch 53, Regional Trial Court of Bacolod City (RTC Bacolod City Branch 53), Negros Occidental for "(a) gross ignorance of the law and interference with the proceedings of a co-equal and coordinate court in issuing the nullification of the foreclosure [of] and the subsequent proceeding[s] taken thereafter; (b) gross ignorance of the law and grave abuse of discretion in granting relief which has not specifically been sought in the pleadings by the parties; and (c) gross ignorance of the law when he acted upon the Ex-Parte Motion for Issuance of Writ of Execution filed by [Medical Associates Diagnostic Center Inc.] MADCI on 13 May 2016 and issued an Order on that very day granting the issuance of the corresponding writ o execution without the required hearing and without prior notice to PI One."
PI One is a corporation existing under and by virtue of the laws of the Philippines. In particular, it was organized as a Special Purpose Vehicle by virtue of Republic Act No. 9182 and is thus "empowered to acquire or purchase assets from banking and financial institutions".
Previously, MADCI obtained a loan from the Development Bank of the Philippines (DBP) secured by a mortgage over a property covered by Transfer Certificate of Title (TCT) No. T-200764. MADCI defaulted in its obligations and its loan eventually became past due. Subsequently, DBP transferred to PI One all its rights, title, and interest on the non-performing loan of MADCI.
Meanwhile, MADCI filed an action for corporate rehabilitation which was raffled to RTC Bacolod City Branch 53 presided by Judge Gellada. After due proceedings, the RTC Bacolod City Branch 53 issued on March 19, 2015 an Order terminating the rehabilitation proceedings for failure of MADCI to comply with its obligations under the rehabilitation plan.
With the termination of the rehabilitation proceedings, PI One proceeded to foreclose on the mortgage. When MADCI failed to redeem, the ownership of the property was eventually consolidated to PI One under TCT No. 166-2015000786. PI One thereafter succeeded in obtaining a writ of possession from RTC Kabankalan City Branch 61 and effectively acquired lawful possession of the property covered by the new TCT.
Meanwhile, on June 10, 2015, the RTC Bacolod City Branch 53 issued an Order denying with finality MADCI's motion for reconsideration of the March 19, 2015 Order. On October 7, 2015, MADCI filed a Complaint for Declaration of Nullity of Foreclosure Proceedings which was docketed as Civil Case No. 15-14609 and raffled to RTC Bacolod City Branch 54.
Complainant alleged that, notwithstanding the termination of the rehabilitation proceedings, MADCI filed a Motion to Allow Petitioner to Avail of the Provisions of Rule 2 Sec. 73 of the Financial Rehabilitation Rules of Procedure dated October 5, 2015. MADCI prayed that it "be given a final opportunity to remedy the breach in the rehabilitation plan in lieu of the direct termination of the rehabilitation proceedings." In other words, MADCI prayed that it be allowed to revive or reopen the rehabilitation proceedings.
WHEREFORE, premises considered, the Motion to Allow Petitioner to Avail of the Provisions of Rule 2, Section 73 of the Financial Rehabilitation Rules of Procedure is GRANTED. Petitioner is given a period of fifteen (15) days to comply with the provisions of the Rehabilitation Plan and the provisions of Rule 2, Section 73 FRIA Rules of Procedure.
Furthemore, the court hereby declares the FORECLOSURE of the property of petitioner MADCI INC. including the hospital, and subsequent proceedings taken thereafter as NULL AND VOID. PI ONE is ORDERED to RESTORE IMMEDIATELY petitioner to the possession of the property and the hospital and its facilities. Pending compliance with the ORDERS above-stated, petitioner is hereby RESTORED to its ACTIVE STATUS in the above-entitled case.
MADCI thus filed on May 13, 2016 an Ex-Parte Motion for Execution to enforce the May 5, 2016 Order. This ex-parte motion was granted and a Writ of Execution was issued on even date.
Against this backdrop, PI One charged Judge Gellada with gross ignorance of the law (a) when he issued the May 5, 2016 Order reviving or reopening the rehabilitation proceedings notwithstanding the final and executory nature of the March 19, 2015 Order terminating the rehabilitation proceedings; (b) when he issued the May 5, 2016 Order annulling the foreclosure and subsequent proceedings taken thereafter despite the pendency of a Complaint for Declaration of Nullity of Foreclosure Proceedings before RTC Bacolod City Branch 54; and in immediately restoring MADCI in possession of the subject property despite the RTC Kabankalan City Branch 61 having already previously issued a writ of possession in favor of PI ONE, thereby unduly interfering with the judgments and decrees of co-equal courts; moreover, Judge Gellada granted said reliefs despite their not being prayed for in MADCI's pleadings; and, (c) when he issued the May 13, 2016 Order granting MADCI's motion for execution without hearing or notice to PI ONE.
Judge Gellada denied the charges against him. In his Comment, he asserted that the Order lifting the termination of the rehabilitation proceedings was not without support. He claimed that PI ONE's motion to terminate the rehabilitation proceedings was anchored on Section 27, Rule 4 of the old Rules on Corporate Rehabilitation of2000 (2000 Rules) which rule later became the Interim Rules on Corporate Rehabilitation of 2008 (2008 Rules); that MADCI's motion to revive the proceedings was grounded on the Financial Rehabilitation and Insolvency Act of 2010 (FRIA), Section 75 of which repealed Section 27 of the 2000 Rules and Section 23 of the 2008 Rules. Judge Gellada averred that he granted MADCI's aforesaid motion to avail of provisions of the FRIA because the rehabilitation case had not been properly terminated in accordance with Section 74 thereof. According to Judge Gellada, the FRIA provides that, in the event the rehabilitation proceedings fail, the same may be converted into liquidation proceedings which disallows foreclosure for a period of 180 days. Judge Gellada noted that when MADCI did not comply with the provisions of the Rehabilitation Plan, PI ONE immediately moved for the termination of the rehabilitation proceedings instead of asking for its conversion to liquidation proceedings; moreover, it immediately foreclosed on the mortgage and consolidated its ownership over the subject property. According to Judge Gellada, the aforesaid acts of PI ONE did not comply with the express and mandatory terms of FRIA and in violation of due process; consequently, the March 19, 2015 Order terminating the rehabilitation proceedings did not attain finality and "[n]ot having attained finality, Branch 53 as a commercial court, effectively retained jurisdiction of the rehabilitation proceedings."
Judge Gellada maintained that the FRIA allows the issuance of a Stay Order which "suspends all actions or proceedings in court or otherwise," including the "filing [of] a petition for foreclosure, actually conducting the foreclosure sale, and subsequently the consolidation of the title to the property of the debtor." Thus, PI ONE's foreclosure on the mortgage and the consolidation of title over the subject property were all done in violation of FRIA.
In conclusion, Judge Gellada stated that the "present administrative complaint filed against respondent [was] a bitter pill to swallow. It came just more than a week after he [had] officially retired after 23 years of faithful and loyal service to the government, the Supreme Court, and the country, a stint that has not been tainted by any whiff of irregularity."
This legal reality, known as immutability of judgment, is an elementary principle of law and procedure. The petition for corporate rehabilitation and the Termination Order dated 19 March 2015 ending the rehabilitation proceedings is in itself a judgment. Once a judgment becomes final, it may no longer be modified in any respect, even if the modification is meant to correct what is perceived to be an erroneous conclusion of fact or law, and regardless of whether it is attempted to be made by the court rendering it or by the Highest Court of the land. The only recognized exceptions are the correction of clerical errors, or the making of the so-called nunc pro tunc ("now for then") entries which cause no prejudice to any party, and where the judgment is void, and whenever circumstances transpire after the finality of the decision rendering its execution unjust and inequitable. Judge Gellada's ground for modifying the order is not among these recognized exceptions. In fact, after 2015 (the 10th year), MADCI still failed to comply with the rehabilitation plan. Moreover, respondent Judge did not answer squarely the issue on whether his Order dated 13 May 2016 granting the writ of execution was set for heating.
True it is that jurisprudence is replete with doctrines stating that a judge is not liable for an erroneous decision in the absence of malice or wrongful conduct in rendering it. For liability to attach for ignorance of the law, the assailed order, decision or actuation of the judge in the performance of official duties must not only be found erroneous but, most importantly, it must be established that he was moved by bad faith dishonesty, hatred, or some other like motive. But the doctrine of immutability of judgment should be at every judge's fingertips and the procedural requirement of setting for hearing every motion for execution. Hence, by ignoring this basic doctrine, one can be presumed to have acted in bad faith.
Taking into account Judge Gellada's compulsory retirement on July 28, 2016, his length of service spanning23 years, 6 months, and 13 days in the judiciary, and the fact that his two previous offenses merited only an admonition (for failing to take immediate steps to locate a missing record) and a reprimand (for delay in resolving Special Proceeding No. 7245), the OCA recommended that he be meted out a fine of P20,000.00.
We agree with the OCA's finding that respondent judge exhibited gross ignorance of the law and procedure in issuing the Order dated May 5, 2016 as it violated the principle of immutability of judgment and the policy of non-interference over the judgments or processes of a co-equal court.
In Mercado v. Judge Salcedo (Ret.), this Court found therein respondent judge guilty of gross ignorance of the law when he effectively modified a decision that had attained finality.
Of course, there are exceptions to this rule, such as "the correction of clerical errors, or the making of so-called nunc pro tunc entries, which cause no prejudice to any party, and [the nullification of a] judgment [that] is void." None of the exceptions obtain in this case, however.
The March 19, 2015 Order terminating the rehabilitation proceedings became final and executory after Judge Gellada denied MADCI's motion for reconsideration to reverse the same. It, thus, became imperative for Judge Gellada to respect his own final and executory decision in keeping with the basic principle of finality or immutability of judgments. "The doctrine of finality of judgment, which is grounded on fundamental considerations of public policy and sound practice, elates that at the risk of occasional error, the judgments of the courts must become final and executory at some definite date set by law." To do otherwise, as what Judge Gellada did by issuing the May 5, 2016 Order, rendered him administratively liable for gross ignorance of the law.
Neither will Judge Gellada's explanation, that the motion to revive the proceedings was wrongfully granted for being based on the outdated 2000 Rules and 2008 Rules, merit an exoneration from administrative liability. Even if this Court were to consider such mistaken interpretation of the amendments to the Rules on Corporate Rehabilitation, his explanation in itself highlighted his gross ignorance of the law in failing to apply the latest law on the matter, i.e., FRIA. Considering that RTC Bacolod City Branch 53 is a commercial court, it all the more makes Judge Gellada's ignorance of the applicable law glaring. "This Court has ruled that when a judge displays an utter lack of familiarity with the rules, he erodes the public's confidence in the competence of our courts. Such is gross ignorance of the law."
Even if this Court were to brush aside the impropriety of Judge Gellada's May 5, 2016 Order, his act of granting MADCI's ex-parte motion for execution infringes on the time-honored principle that "the notice requirement in a motion is mandatory" because a "notice of motion is required where a party has a right to resist the relief sought by the motion and principles of natural justice demand that [a party's] right be not affected without an opportunity to be heard." What is striking was Judge Gellada's act of granting MADCI's ex-parte motion despite being aware of PI ONE's previous writ of possession over the assailed property before RTC Kabankalan City Branch 61; and of his nullifying the foreclosure and subsequent proceedings despite the pendency of a complaint for nullification of foreclosure proceedings before the RTC Bacolod City Branch 54. Not only was this a wanton disregard of PI ONE's right to due process but it also interfered with the orders and processes of a co-equal court.
The doctrine of judicial stability or non-interference in the regular orders or judgments of a co-equal court is an elementary principle in the administration of justice: no court can interfere by injunction with the judgments or orders of another court of concurrent jurisdiction having the power to grant the relief sought by the injunction. The rationale for the rule is founded on the concept of jurisdiction: a court that acquires jurisdiction over the case and renders judgment therein has jurisdiction over its judgment, to the exclusion of all other coordinate courts, for its execution and over all its incidents, and to control, in furtherance of justice, the conduct of ministerial officers acting in connection with this judgment.
Thus, we have repeatedly held that a case where an execution order has been issued is considered as still pending, so that all the proceedings on the execution are still proceedings in the suit. A court which issued a writ of execution has the inherent power, for the advancement of justice, to correct errors of its ministerial officers and to control its own processes. To hold otherwise would be to divide the jurisdiction of the appropriate forum in the resolution of incidents arising in execution proceedings. Splitting of jurisdiction is obnoxious to the orderly administration of justice.
Judge Gellada's administrative liability becomes more palpable as MADCI's Motion to Allow Petitioner to Avail of the Provisions of Rule 2 Sec. 73 of the Financial Rehabilitation Rules of Procedure did not even pray for the nullification of the foreclosure proceedings or restoration of possession of the subject property.
The confluence of these infractions showed Judge Gellada's gross ignorance of the law, "which is classified as a serious charge, [and] punishable by a fine of more than P20,000.00 but not exceeding P40,000.00, and suspension from office for more than three (3) but not exceeding six (6) months, without salary and other benefits, or dismissal from service." Given the fact that Judge Gellada compulsorily retired on July 28, 2016, and in the absence of a finding of bad faith, dishonesty, or some other ill motive, a fine of P21,000.00 would be appropriate under the circumstances.
WHEREFORE, Judge Pepito B. Gellada, former Presiding Judge of Branch 53, Regional Trial Court, Bacolod City, Negros Occidental, is found GUILTY of gross ignorance of the law and procedure and is FINED the amount of P21,000.00, to be deducted from his retirement benefits.
Leonardo-De Castro, C. J., Perlas-Bernabe,* and Tijam, JJ., concur.
* Per raffle dated October 8, 2018.
 A copy of which is not attached to the complaint-affidavit or the records of the instant administrative case.
SECTION 74. Termination of Proceedings. - The rehabilitation proceedings under Chapter H shall, upon motion by any stakeholder or the rehabilitation receiver, be terminated by order of the court either declaring a successful implementation of the Rehabilitation Plan or a failure of rehabilitation.
(f) Other analogous circumstances as may be defined by the rules of procedure.
(5) enforce the applicable provisions of the Rehabilitation Plan through a writ of execution.
 A.M. No. RTJ-17-2508, November 7, 2017.
 619 Phil. 3, 31 (2009).
 Equitable Banking Corporation (EQUITABLE-PCI BANK) v. Sadac, 523 Phil. 781, 823-824 (2006).
 Engr. Tupaz v. Hon. Apurillo, 487 Phil. 271, 279 (2004), citing Mercury Drug Corporation v. Court of Appeals, 390 Phil. 902, 914 (2000).
 Barreda-Fuentes v. Judge Albarracin, 496 Phil. 31, 38 (2005), citing Guillen v. Cañon, 424 Phil. 81, 88-89 (2002).
 Sarmiento v. Zaratan, 543 Phil. 243 (2007).
 Department of Justice v. Judge Mislang, 791 Phil. 219, 231 (2016).


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ultracomfort.net 7.15 out of 10 based on 67 ratings.
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Judge Trims Back Swiss Army Knife Maker's Award
Submitted by patentadmin on Fri, 12/18/2015 - 18:28
Victorinox AG, manufacturer of the real Swiss Army knife, and owner of the Swiss Army trademark, won its trademark infringement lawsuit against B&F System Inc., manufacturer of counterfeit products. Victorinox was initially awarded $8 million, and that number was based on treble damages (B&F's infringement was obviously willful, come on) and for sales going back 30 years and reimbursement of Victorinox's legal costs. The court also issued an injunction barring sales of the infringing products.
Read more about Judge Trims Back Swiss Army Knife Maker's Award
Abbott and Costello Lawsuit Doesn't Get to First Base
Abbott and Costello – that's Bud and Lou to those of us old enough to remember their TV show and movies – lost out yet again. A federal judge dismissed a copyright lawsuit filed by the comic duo's estate against the producers of a popular Broadway play that features Abbott and Costello's famous "Who's on First?" comedy routine, ruling that its inclusion in the play falls under the fair use doctrine.
Read more about Abbott and Costello Lawsuit Doesn't Get to First Base
So Which Is It, Judge?
Under current federal law, the losing side in a civil lawsuit is permitted to request that it be reimbursed for its legal expenses, and judges will grant such reimbursement if the judge finds that the losing side's case is substantially without merit. I am not an attorney, but I do play one in this blog column.
TriReme Medical LLC requested $4.7 million in legal fees reimbursement after it won a patent infringement lawsuit filed by competitor AngioScore, Inc. As the judge explained it, AngioScore's case "wasn't particularly strong" but it "wasn't exceptionally weak."
Read more about So Which Is It, Judge?
Who Pays for All Those Illegal Music Downloads?
Music publisher BMG Rights Management could not sue each of the thousands (maybe even millions) of downloaders who infringed the company's copyrights, so it sued the company that provided the downloads. A jury in DC just ruled that Cox Communications, a regional Internet provider, must pay BMG $25 million for permitting free musical downloads by its subscribers. What really nailed it for the jury was that Cox would cancel the accounts of copyright infringing customers, then promptly reactivate their accounts.
Read more about Who Pays for All Those Illegal Music Downloads?
"Samsung Grudgingly Agrees to Write Apple a $548M Check"
Alexander Poltorak, General Patent Corporation's founder and CEO, was quoted in this article that covered the conclusion of Apple and Samsung's four-year legal battle. Commenting on Apple's inability to receive injunctive relief after receiving a verdict of infringement, Dr.
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Articles imported
Operation Data Rescue
Posted By: Usama 0 Comment For The Record Magazine
By using their databases for "knowledge discovery," healthcare organizations can transform drowning islands of information into assets.
In the last few years, the term "data mining" has become common parlance in business. For a while, it was a buzzword for any kind of information processing that involved building databases and extracting data for use by computer decision-support systems. However, with the evolution of gigantic databases and their subsequent challenges, the term has been narrowed to a more precise role.
The analysis phase of the knowledge discovery in database (KDD) process describes a spectrum initiated at the data collection point and completed at the production of statistics and reports. Unlike the legal profession, in which the term "discovery" means finding critical information to present at trial, in the data mining domain, it refers to using data analysis to detect new associations or patterns that can help enterprises address vexing problems or find new customers as part of their customer relationship management programs.
Additionally, good data mining should produce data that can be translated into results readily understood by business managers. Performance analytics can be developed to improve the efficiency of operational processes and reduce costs, provide actionable insights based on key performance indicators such as customer satisfaction rates, and determine the best leverage points for financial investments.
The KDD process appears to be straightforward, but due to the acceleration of data generation, processing and storing data has become both more challenging and more necessary.
Size of the Problem
Due to the rapid proliferation, ubiquity, and increasing power of computer technology, the need for high data integrity and intelligent indexing of information storage has never been greater. In the paper "From Data Mining to Knowledge Discovery in Databases," Usama Fayyad, Gregory Piatetsky-Shapiro, and Padhraic Smyth discuss the "urgent need for a new generation of computational theories and tools to assist humans in extracting useful information (knowledge) from the rapidly growing volumes of digital data. These theories and tools are the subject of the emerging field of knowledge discovery in databases."
The authors say KDD boils down to learning to use tools to make sense of data for human consumption. "The traditional method of turning data into knowledge relies on manual analysis and interpretation," they wrote, but manual analysis can no longer handle the mind-boggling amounts of data requiring review.
Such concerns seem far removed from the interest of everyday Americans. What a surprise it was then that a book called The Information: A History, a Theory, a Flood, written by James Gleick, which details the genesis of our current information age, made the nonfiction best seller lists in 2011. Believe it or not, consumers were eager to purchase a book discussing the history of bits (units of measure for computer information). Alert to the overwhelmed mental state of today's information recipients, Gleick became a best-selling author.
The New York Times notes the magnitude of available information in its book review, stating that "James Gleick has such a perspective, and signals it in the first word of the title of his new book … using the definite article we usually reserve for totalities like the universe, the ether—and the Internet. Information, he argues, is more than just the contents of our overflowing libraries and Web servers. It is 'the blood and the fuel, the vital principle' of the world. Human consciousness, society, life on earth, the cosmos—it's bits all the way down."
Spanning centuries of communication, Gleick's narrative hits on its key moment when discussing Claude Shannon, a young mathematician with a background in cryptography and telephony, and the 1948 publishing of his paper "A Mathematical Theory of Communication." For Shannon, communication was purely a matter of sending a message over a noisy channel so that someone else could recover it. Whether the message was meaningful, he said, was "irrelevant to the engineering problem." In other words, he invented what we call today "information theory," or the concept that information can be separated from its meaning.
The logical outcome of all this is that enormous volumes of information are generated, collected, and stored without thought to the meaning inherent in the stored data. It is through KDD that the meaning lying within these infinite mansions of data can be recognized with the right tools. A further challenge regarding data and their mining involves where they are stored and their safety and accessibility.
Cloud Conundrum
Over the past decade, cloud vendors have assured everyone—even private individuals—that the answer to their prayers for keeping their data forever lies in the cloud. However, cracks in the cloud promise have become increasingly evident.
In a November 14, 2011, New York Times article, "Internet Architects Warn of Risks as Ultrafast Networks Mushroom," Quentin Hardy notes that "if nothing else, Arista Networks [a company providing cloud networking solutions] proves that two people can make more than $1 billion each building the Internet and still be worried about its reliability." Billionaires David Cheriton, a computer scientist at Stanford, and Andreas Bechtolsheim, a cofounder of Sun Microsystems, go on to express concerns about "the promise of having access to mammoth amounts of data instantly, anywhere" that is "matched by the threat of catastrophe."
Perhaps most telling, Arista Networks' founders caution that it would be a mistake to assume the vast amounts of data "stored" on the Internet are permanent. "We think of the Internet as always there," they say. "Just because we've become dependent on it, that doesn't mean it's true."
Although they were among the first to invest in Google, Cheriton and Bechtolsheim recognize the challenge of actually archiving and mining virtually infinite amounts of data.
Big Industry Mines for Gold
Unlike Oscar Wilde, who said, "It is a very sad thing that nowadays there is so little useless information," today's knowledge seekers have virtually nothing but useless information thanks to a lack of tools to sort through growing mountains of data.
In a 2010 special report for The Economist on managing information, Kenneth Cukier explored the many challenges of building satisfactory data repositories. Cukier goes beyond "data exhaust" (ie, the trail of clicks left behind by Web users from which value can be extracted) to detail how data mining is becoming the foundation of the Internet economy. He targets healthcare as one of the key markets likely to benefit from the ability to aggregate and analyze data.
According to the article, heavy hitters such as Craig Mundie, chief research and strategy officer at Microsoft, and Google Executive Chairman Eric Schmidt sat on a presidential task force to reform American healthcare. "If you really want to transform healthcare, you basically build a sort of healthcare economy around the data that relate to people," Mundie explained. "You would not just think of data as the 'exhaust' of providing health services, but rather they become a central asset in trying to figure out how you would improve every aspect of healthcare."
Digital medical records are supposed to make life easier for physicians, bring down costs for providers and patients, and improve the quality of care. Some of that promise is being realized. Since 1998, the Uppsala Monitoring Centre has used data mining methods to routinely screen for reporting patterns indicative of emerging drug safety issues in the World Health Organization global database of 4.6 million suspected adverse drug reaction incidents. Being able to spot unwanted drug interactions or adverse reactions can lead to more effective treatments.
The Economist article highlights the work of Carolyn McGregor, MD, of the University of Ontario, who, in conjunction with IBM, has managed to spot potentially fatal infections in premature babies. The IBM system is able to monitor "subtle changes in seven streams of real-time data, such as respiration, heart rate, and blood pressure. The electrocardiogram alone generates 1,000 readings per second."
It is easy to surmise that such a staggering amount of data could not be printed on paper and then analyzed in time to save a baby. However, because McGregor can feed the data through her computer, she is able to detect the onset of an infection before obvious symptoms emerge.
Biting Into Unstructured Health Information
Although there are many wonders that can be achieved through the aggregation and analysis of structured information, it is in those unstructured documents characteristic of EHRs where real treasure lies. Estimates vary, but it is often surmised that 50% or more of health information resides in narrative reports such as history and physicals.
However, extracting and aggregating information from these documents has remained elusive. Indeed, this is one of the primary goals of today's healthcare entities that recognize they must be able to penetrate and gather all patient information to ensure patient safety and provide cost-effective care.
The Health Story Project, a national initiative formerly known as CDA4CDT, is an alliance of healthcare vendors, providers, and associations that pooled resources over the last three years in a fast-developing mission to produce data standards for the flow of information between common types of healthcare documents and EHRs.
One of the group's subprojects involving unstructured documents, the HL7 Implementation Guide for CDA (clinical document architecture) R2 (published in August 2010), focuses on the accessibility of the information contained in these documents. The project's Structured Documents Work Group states that "extensive and advanced interoperability and effective information systems for patient care must consist of CDA Level 2 and Level 3 documents, yet the full understanding, use, and compliance of CDA Level 2 and 3 is likely years away by all major participants, including EHR system vendors, providers, payers, carriers, etc. Much of the patient record still exists and is being captured in an unstructured format that is encapsulated within an image file or as unstructured text in an electronic file such as a Word or PDF document. There is a need to raise the level of interoperability for these documents to provide full access to the longitudinal patient record across a continuum of care. Until this gap is addressed, image and multimedia files will continue to be a portion of the patient record that remains difficult to access and share with all participants in a patient's care. This project addresses this gap by providing consistent guidance on use of CDA for unstructured documents."
While there are national consortiums such as the Health Story Project trying to make unstructured information accessible and exchangeable through formatting standards, private vendors such as Clinithink are also working to make the content of unstructured documents searchable and "mineable." Although rich information exists in the unstructured portions of health records, such as discharge summaries, history and physicals, operative reports, and progress notes, historically this information and the knowledge that might be acquired from it has remained isolated and inaccessible.
With technologies in place that offer the possibility of converting unstructured narrative into structured data (which can be mined) and tools such as natural language processing being able to permit advanced search of information previously locked inside text, Clinithink may be on track to make all EHR information available.
Tielman Van Vleck, PhD, a postgraduate from Columbia University's biomedical informatics program and director of language processing at Clinithink, analyzes health information across clinical notes and reviews patterns that may be relevant to existing clinical scenarios. In essence, he's mining previously inaccessible information in clinical narrative text and applying it to real clinical problems.
In addition, Van Vleck is working on a parser for Clinithink that will be able to extract data on miniscule levels, allowing for a tight integration with SNOMED codes that will feed a text analytics engine, build a rich database, and crosswalk to ICD-10 for nearly automatic coding. Of course, the volume of such information will be staggering in terms of governance, archival, indexing, and storage, but that is altogether another information frontier.
Author: Sandra Nunn
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In social data, a fight between science and privacy
Jobs@Arabia.com


The April, 2013 issue of the American Journal of Roentgenology has an article by Dr. Richard Gunderman discussing the who, what, where, when, why and how of being a radiologist.
It is a must read for every radiology resident and perhaps every practicing radiologist as well.
« Why did the Potter's Hand shake?


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Lizzo Spoke Up for Bodily Autonomy on What Would Have Been the 50th Anniversary of Roe v. Wade
January 22 marked what would have been the 50th anniversary of constitutionally protected abortion rights in the U.S. had the Supreme Court not overturned Roe v. Wade, and Lizzo made clear that she's not done fighting for bodily autonomy.
Lizzo posted a campaign for her shape wear brand Yitty to Instagram, saying she and the brand stand for liberating all bodies.
"Fifty years later we're still fighting the same fight for reproductive rights," Lizzo said in the Yitty campaign video. "We at Yitty are about body autonomy. We don't want to just liberate bodies through clothing; we want to liberate bodies through our voices. We believe that only you should have a say on what you do and how you feel about your body, and you should have access to reproductive health."
Lizzo also featured five reproductive rights activists speaking out about the need for bodily autonomy, underscoring how making decisions about our own body and health is crucial not just for ourselves, but for everyone.
"This abortion issue touches everything," Amelia, the co-founder and director of Shout Your Abortion is quoted as saying in the campaign. "If you care about racial justice, economic justice, gender justice — we can't have any of it if people cannot control their own bodies."
"If you can't control your body, what control do you have over your life?" Kenyatta, a reproductive justice advocate, asked in the campaign. "It goes beyond abortion, to trans rights and the right to be able to make choices about your future and your life."
In calling out the lack of reproductive rights and bodily autonomy after Roe's reversal, Lizzo sent an important reminder on why she's speaking out: "Because your body is nobody's business."
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If you want to avoid pregnancy, maybe you should too.
By Amy Merrill
Read Teen Vogue's Best Features From 2022
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Check Out Rep. Maxwell Frost's Moving Victory Speech
"It's about loving the oppressed more than you hate the oppressor."
By Teen Vogue Staff


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Q: Connection timeout error for maven repo in gradle I am getting below error when Jenkins pipeline is run :
  Welcome to Gradle 7.0!
  Starting a Gradle Daemon (subsequent builds will be faster)

FAILURE: Build failed with an exception.

* What went wrong:
A problem occurred configuring root project 'Auth-mapper'.
> Could not resolve all artifacts for configuration ':classpath'.
> Could not resolve org.springframework.boot:spring-boot-gradle-plugin:2.7.7.
  Required by:
      project :
   > Could not resolve org.springframework.boot:spring-boot-gradle-plugin:2.7.7.
      > Could not get resource 'https://repo.maven.apache.org/maven2/org/springframework/boot/spring-boot-gradle-plugin/2.7.7/spring-boot-gradle-plugin-2.7.7.pom'.
         > Could not GET 'https://repo.maven.apache.org/maven2/org/springframework/boot/spring-boot-gradle-plugin/2.7.7/spring-boot-gradle-plugin-2.7.7.pom'.
            > Connect to repo.maven.apache.org:443 [repo.maven.apache.org/146.75.32.215] failed: connect timed out
> Could not resolve io.spring.gradle:dependency-management-plugin:1.1.0.
  Required by:
      project :
   > Could not resolve io.spring.gradle:dependency-management-plugin:1.1.0.

my build.gradle file is having these entries :
 buildscript {
   repositories {
       mavenCentral()
       maven {
       url "https://plugins.gradle.org/m2/"
      }
   }
   dependencies {
   classpath "org.springframework.boot:spring-boot-gradle-plugin:2.7.7"
   classpath "io.spring.gradle:dependency-management-plugin:1.1.0"
   classpath "org.sonarsource.scanner.gradle:sonarqube-gradle-plugin:3.0"
 }
apply plugin: "org.springframework.boot"
apply plugin: "io.spring.dependency-management"
apply plugin: "org.sonarqube"

When I  run this application in local then its working fine but when I try deploying it to openshift via Jenkins then in the build step its failing due to the above issue.

A: Below configuration in gradle.properties based on above comments worked for me ...
systemProp.https.proxyHost
systemProp.https.proxyPort
systemProp.http.nonProxyHosts

The above properties values needs to be set based on company specific configuration.

redpajama_set_name: RedPajamaStackExchange


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Q: CUDA array elements shifting operation I'm currently performing an array shifting operation on CUDA but I'm stuck at the part where I would need to parallelize the operation on the GPU (I've already done it for CPU).  So, the operation is basically shifting elements in the array.
So for example if I have a M by N matrix, for each row if I see a -1, I would replace
the -1 with the element next to it, and so on until I hit the end of the row, and I
need to do that for all columns in parallel.
So for a quick example:
 3  4  1 -1  5  6  7  8
-1  4  5  2  1  2  5  2
 2  4  5  1  2  3  4 -1

for that matrix, the resulting matrix would be:
 3  4  1  5  6  7  8  8
 4  5  2  1  2  5  2  2
 2  4  5  1  2  3  4 -1

PS. The last element remains the same because it hits the boundary where it has nothing to
   replace with.  Also, only one -1 will appear in each row
So, that's basically the operation, but my question is how do I assign a thread to each row
or .. parallelize all the rows and do this shifting at the same time in cuda?  Also, my
array is converted from a 2d array to a 1d array using the equation
array1d[i+width*j]  =  array2d[i][j];

So far I've tried this:
__global__ void gpu_shiftArray(int *Arr, int *location, int width, int height)
{
int i = blockIdx.x * blockDim.x + threadIdx.x;
int j = blockIdx.y * blockDim.y + threadIdx.y;

int index = i+width*j;

//shift when I see -1
if(Arr[index] == -1)
{
    Arr[index] = (index % height) ? Arr[index+1] :
    }
    //location stores the index of -1, so anything after the -1 will be shifted too
if((location[i]+width*j) <= index)
{
    Arr[index] = (index % height) ? Arr[index+1] :
}
}

The output of it is not exactly correct (off by like 5-10 values) but I'm not exactly sure
why nor I don't know what I am doing wrong.

A: This looks like it could be done with a slightly modified "stream compaction" algorithm that uses a "predicate sum" as a primitive. See the following link for details:
Parallel Prefix Sum (Scan) with CUDA.
Hmm.   I can see that there could also be advantages to using the ballot functions (comparing source data to -1) and some bit arithmetic to determine how (and if) warp threads select the destination offsets when it does the copy.


While security wait times have varied airport to airport during the shutdown—and so far, no threats or crashes have been reported in U.S. airspace—there are a few steps travelers can take to avoid major issues. Check with your airline for recommended airport arrival times, as they may suggest arriving two to even three hours before a domestic flight at busy, understaffed airports. If you're nervous about flying, check your travel insurance as it might cover trip cancellation—but you'll have to read the fine print. Most insurance companies, like Allianz Global Assistance, don't cover "prohibition or regulation by any government" (i.e. a government shutdown) as a reason to cancel a trip, even if you've purchased Allianz's catch-all "Cancel Anytime" coverage.
Squaremouth offers "Cancel For Any Reason" coverage, too, which you can use to avoid shutdown-related delays or safety concerns. But, you must purchase the extra coverage 14-21 days after your initial flight booking and have to cancel your trip at least two days before your departure. That's a level of pre-planning even the most type-A traveler isn't usually capable of.


As much as I support the sentiments of the ACLU and others, and the momentary victories to convince federal judges to temporarily stay parts of President Trump's executive order banning immigration from some Muslim countries, I don't think it will stand.
Indeed, there could be unintended consequences that do more harm than good.
These cases, instead of reigning in executive power, are more likely to lead to rulings that set another precedent for judicial deference to presidential authority on immigration and foreign policy, in this one even when he is stupid, mean-spirited and xenophobic.
Even the apparent wins for the challenges thus far simply postponed rulings on the merits.
Precedent is not on the side of the challengers.
With slavery, Japanese detainment camps, Chinese exclusion acts, and the like, our federal courts tend to defer, not rebuke or repeal the decisions of the other branches. Exceptions are rare, and I don't see this case becoming one of those.
Besides the chance for unintended consequences, my other concern is that if Trump ultimately wins these cases it will give the impression that the courts support his policy (he will certainly claim that), when the only issue before them was his legal authority.
This thing ought to be dealt with in the political world where the policy itself can be thrashed out, and the public engaged. Stopping Trump's excesses will be the job of Congress, and ultimately the American people who disapprove of his actions and pressure their elected officials.
This is an epic moment went it comes to foreign policy blunders, but I don't see a legal case. It should be fought in the political word, not the courts.


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Navigating the Language of Genocide
Recently, some activists called for the U.S. to formally charge the self-proclaimed Islamic State with acts of genocide. I can use the word informally on a blog post, but Secretary of State Kerry's hesitation to use the word formally proves the power of language. If he makes a formal accusation of genocide, the word brings certain political ramifications, and expectations that may not be fulfilled.
U.S. officials have avoided using the word in the past, in order to avoid necessitating political and military action. During the Clinton Administration, U.S. officials were explicitly told to refrain from using the word genocide to describe the situation in Rwanda, which is now recognized as very obviously a genocide. Reluctance alone to use the word allowed the U.S. to justify not intervening.
This is where language falls short: refusing to call something murder does not change the fact that it is murder. Regardless of whether or not Secretary Kerry calls the destruction of Yazidi, Shi'i, Sunni, and Christian life genocide, that destruction counts as genocide.
However, there is a deeper, more complex narrative. To begin with, most of the groups pushing for a formal accusation are Christian organizations, and focusing on the Christian victims alone risks ignoring the multitude of other victims of the self-proclaimed Islamic State. Kerry would also need to contend with the fact that the U.S. has supported other genocidal regimes in the region complicit in aiding the Islamic State. Saudi Arabia, for instance, is religiously and politically invested in the destruction of Shi'i Muslims and Sufi shrines. Turkey, another U.S. ally, is involved in crimes against its Kurdish population, another group the Islamic State has targeted.
There is also Palestine. While the contexts and implementation for the Israel and the Islamic's State's actions against innocent civilian populations differ in a few crucial ways, they are overwhelmingly similar. Palestinians, in many cases children, are held captive without just cause; the Israeli military regularly encroaches upon Palestinian land, removes the indigenous population by force, and occupies it by destroying local property and replacing it with Israeli property. If the U.S. accuses the Islamic State of genocide, which it should, the U.S. would be remiss if it did not make the same accusation against the Netanyahu Administration, which it should.
The issue of language is complex; the word genocide holds so much meaning, but we often ignore the meaning of its absence, and in its absence genocides continue to occur. History has proven this, and it proves it now. There is no way to measure suffering, and I do not intend to give that impression. All victims of genocide deserve justice, Jews, Palestinians, homosexuals, Kurds, Bosnians alike. Ranking the suffering of others is the heart of the problem: it allows those who can stop the slaughter to pick and choose who deserves to be salvaged, and if he is a responsible leader, Secretary Kerry will acknowledge all acts of genocide in the region rather than a select few.
This entry was posted in History and tagged genocide, genocide studies, global politics, History, Iraq, language, Palestine, Rwanda, Syria, Turkey on February 26, 2016 by keeneshort.
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3 thoughts on "Navigating the Language of Genocide"
Daniel Foster February 26, 2016 at 3:34 pm
Distinctions and nuancing are so important. For instance, you claim that "This is where language falls short." It is not the language that is falling short as there is a sign for the act of systematically annihilating a people group of particular racial, ethnic, religious, etc. affiliation. The failure is to use the sign and with the political system that and legally invested sign so that their use necessitates a particular response. Now one problem with the language is that the sign "genocide" has been made too inclusive and ambiguous by individuals wishing their group to be afforded the political promised protections for those facing genocide. When systematic annihilation of a group is the definition of genocide, which some group offer, then the pre-meditative murder of a family of four would qualify. Language does become problematic when we conflate such areas of distinction.
I certainly agree that the systematic killing (largely males) and enslavement and rape (primarily females and children) by the IS is genocide whether the group is Kurdish, Christian, Sunni, etc.
Where I would push back is extending the term to the State of Israel's response to ongoing, continuous acts of aggression by Palestinian militants in the Gaza Strip. Making the comparison is poor, which is born out with credible sources. A large population of Palestinians live as citizens in Israel. There are Palestinians in Jordan (should research their treatment over the years) and the West Bank. Additionally, a plan that eliminates enemy combatants embedded in a population is not genocide (see hyperlink you provide). Please do not understand. Relations and actions on both sides of this ongoing blood feud leave much to be desired -and I would support Israel more often than naught- but Israel has not conducted acts of genocide. Additionally, the plan proposed by a sub-cabinet member do not constitute genocide either – unless we are living in world in which Minority Report is now a reality.
Love you contribution and your thoughtfulness. Enjoy reading your work.
keeneshort Post author February 26, 2016 at 9:40 pm
Thank you for contributing to this complex dialogue, Dan!
First, I should make it clear that I recognize the complexities involved in the Israeli/Palestinian Conflict, genocide, international law, and a plethora of Middle Eastern military and geopolitical situations, and by no stretch of the imagination do I hope to solve any of these issues, or come anywhere close to a clear resolution, in a meager blog post. Quite frankly, the only thing I've ever accomplished with this blog has been to seduce people, but I persist in my interest in history nonetheless.
Regarding language: Genocide as a sign for, as you say, "systematic extermination" puts certain limitations on what qualifies, and differs from the definition(s) I was working with. Primarily, I tend to use the definition of genocide found in Article 2 of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, which defines genocide as "acts committed to destroy, in whole or in part, a national, ethnical, racial or religious group" through "killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group."
Now part of the problem here is that, in this strictly legalistic framework, genocide can only be committed against racial, ethnic, national, or religious groups–meaning homosexuals and communists killed in the Holocaust or in the Gulags under Stalinism are not recognized as victims of a genocide. You may be using different definitions, but in this framework, genocide is pointedly exclusive, rather than inclusive.
That being said, genocide is a sign for something else. There must certainly be distinctions between genocide and homicide, and the distinction, I think in most definitions, is to remove a distinctly identified group, a people, a culture, a nation. Forced removal/forced deportation qualifies as ethnic cleansing, which is an attempt to remove a people from a specific location; U.S. policy against Native Americans throughout the nineteenth century counts as ethnic cleansing because the intention was to remove indigenous groups from certain areas, or forcibly relocate them to reservations, but not to destroy them entirely. In strictly legalistic terms, intention is what matters.
For members of a group who find themselves victims of genocidal acts regardless of the perpetrator's intention may take a different position, because if languages, cultures, religions, entire ways of life die out as a result of ethnic cleansing, forced relocation, and most importantly the removal and indoctrination of children by another group and in another location, then members of a targeted group may feel that genocide has been committed, even slightly unintentionally. In this sense, genocides can still occur regardless of intention, and we can distinguish that the way we distinguish first, second, and third degree murder, as well as reckless endangerment.
This is where I find the legal definition useful. It emphasizes that genocide is not simply "systematic extermination" of people, but of identities. Genocide, in a more abstract sense, is an assault on culture. Cultures change, creolize, evolve, develop, and in many cases die away; so too do people. Cultural murder, however, ought still be recognized as a crime.
Moving on to Palestine: Like most world conflicts, the Israeli/Palestinian Conflict starts with the British, and certainly if I had my druthers, the British would be made to apologize for the vast plethora of evils they have sparked, directly or indirectly. Again, we hold people and nations responsible if they intend to cause harm and also if they cause harm through reckless behavior. The British have committed both intentional and unintentional crimes against humanity, and their behavior has allowed for circumstances in which crimes against humanity are deemed permissible. Palestine's history is long, ancient, allowing for centuries of creolization of local and foreign customs. Arab culture became dominant by 1099 BCE, when Europeans sacked Jerusalem and killed not only Muslims, but Jews and Eastern Orthodox Christians, all of whom worked and lived in harmony prior to European invasion. One poignant example of this is in Amin Maalouf's The Crusades Through Arab Eyes, in which he describes Palestinian Jews' defense of Jerusalem early in the siege, until the Frankish make it into the city, where they proceed to lock the doors on a synagogue in which the city's Jews are hiding, and burn it down, eerily similar to Kristallnacht.
What we see, then, is a harmonious unity in medieval Palestine against a European invasion. We see a pluralistic society. Centuries later, that pluralistic society changed hands; it fell into Ottoman possession (which warrants criticism, certainly), and into British hands. Historian Ira Lapidus writes that "in 1917 the British issues the Balfour Declaration and promised to favor a Jewish national home in Palestine. The British imagined that a Jewish national home would serve as a pretext for British claims to administer the country" (557). It's crucial to understand the context; Britain was engaged in the First World War, and alongside its sidekick France wanted to break up Ottoman territories and colonize them. Britain, which has its own history of anti-Semitism (in the plays of Shakespeare and Marlowe, as two of countless examples), capitalized on an idea by Theodor Herzl, who outlined his idea for a Jewish national home in his 1896 The Jewish State. After the Ottoman Empire dissolved in the aftermath of the War, the British seized Palestine and ruled it for a bit as a colony, similar to Iraq.
It's important, then, to situate the following century in Palestine and Israel as a process of colonialism, as overlapping colonialisms, and to see the conflict as a distinctly colonial situation. The British gave up on direct administration over the decades, mostly after the Second World War because the sudden use of the word genocide drew attention to their own horrors. Aime Cesaire points this out in his Discourse on Colonialism, pointing out that the Second World War, in his view at least, represents every horror European colonists invented to suppress Africa, Australia, Asia, and the Americas turned on one another–a point I disagree with, as the Second World War was more about colonialism turned against Europe's historical "others," but his point, I think is important anyway. Genocide on European soil drew attention to genocide outside of Europe, across Africa, India, Australia, New Zealand, North America. The British and French were responsible for the fact that the indigenous population of Newfoundland no longer exists, that languages across the world are dying, that class and society are stratified in India. The horrors of American slavery were mostly British inventions extended into the Americas. British and French colonialism in Egypt, Iraq, Iran, Syria, Saudi Arabia pitted locals against one another, or situated one intellectual group against another. Palestine and Israel should be seen in this context, then.
Israel is most accurately constructing an apartheid state, something I lament not making clear in my blog post. That is, probably, the most accurate terminology, and it differs from genocide in many ways. However, recent developments should be taken into consideration. What we see in Palestine (Gaza and the West Bank) is a process of neocolonization. First the British seized the territory politically, and now Israeli contractors are physically colonizing the land.
This has been documented in a number of ways. Five Broken Cameras documents peaceful Palestinian protestors trying to prevent Israeli contractors from building on their land; these workers respond by burning down olive trees and arresting children, at night, in their sleep. Multiple sources have confirmed Israeli police's excesses against Palestinian children, not just a successful yet strangely Dickensian documentary that warms, then immediately breaks, any viewer's heart (and I cannot recommend Five Broken Cameras enough. I also recommend Budrus as another example).
There is evidence in the news as well. Here's an example ffrom Al Jazeera: "According to prisoner support group Addameer, at least 876 Palestinians, including 133 children, have been arrested since October 1 across the occupied West Bank, including East Jerusalem and Israel. According to figures collected by the Wadi Hilweh Information Center in Silwan, at least 60 children were arrested in Jerusalem during the first two weeks of unrest." http://www.aljazeera.com/news/2015/10/oz-israel-prison-palestinian-children-151027102958151.html
If you don't like al Jazeera, here's an example from The USA Today: "Currently, Israel is holding 420 Palestinians under the age of 18 for alleged attacks in East Jerusalem and the West Bank, according to Israeli Prison Service statistics." http://www.usatoday.com/story/news/world/2016/02/23/palestinian-children-young-11-join-attacks-israel/80607394/
Here's another from The Guardian: "Many are exhausted from sleep deprivation. Day after day they are fettered to the chair, then returned to solitary confinement. In the end, many sign confessions that they later say were coerced."
http://www.theguardian.com/world/2012/jan/22/palestinian-children-detained-jail-israel
One from truth-out.org: "The Palestinian rights group Addameer says keeping the girls in this prison amounts to psychological torture because they are isolated from other Palestinian female political prisoners, who are held at Hasharon prison."
http://www.truth-out.org/news/item/33997-number-of-palestinian-children-in-israeli-prisons-doubles
Returning to the legalistic definition of genocide: "forcibly transferring children of the group to another group" qualifies as an act of genocide, or attempted genocide, or a part of ethnic cleansing, or simply a crime against humanity. But there it is in the definition of genocide that was created to account for the death of six million Jews and five million other groups in Europe. The forced transplantation of children is a unique circumstance that insurmountably changes the future of a people. And yes, Israel can and should defend itself against terrorist attacks. It is important to note, however, that Israel is responsible for the creation of Hamas, and this has become fairly common knowledge. From an Israel Today article from 2008: "The office of Prime Minister Ehud Olmert admitted on Wednesday that it is allowing the transfer of hundreds of millions of shekels to the Hamas government in the Gaza Strip every month." http://www.israeltoday.co.il/NewsItem/tabid/178/nid/16447/Default.aspx
Israel funded, largely created, Hamas to distract the Palestinian Peace Movement from the growing popularity of secular leadership. This does not excuse violence against Israelis, and in no way do I want to discredit the suffering of Israelis. However, the situation is similar to that of South Africa under apartheid, or any colonial regime in the past five hundred years: the colonizing entity has the economic, military, territorial, and political upper hand against the subaltern. The problem in Israeli is colonialism, which powers enact against bodies in a multitude of ways. Slavery used human bodies as property for labor, service, and sexual abuse. Colonialism against Native Americans resulted in massive displacement of indigenous groups. Israeli colonialism acts somewhat differently, and for me it is difficult to read about. Wars of liberation, terrorism, wars against terrorism, territorial disputes, anti-colonial campaigns, counter-campaigns are all troubling enough, but they should never, eve be enacted through children. Never. Palestinian protests have used children in similar ways, by bringing them to protests front and center, as mantlepieces for peace, almost baiting soldiers to attack them. This is also painful to watch.
Here, I think, is one of the most complex situations today, and I don't think we can simplify it to a "victim and perpetrator" dichotomy. Most genocides are more complex than that anyway, but this one is especially frustrating. Howard Zinn describes something similar in an early chapter in A People's History of the United States: "And the lines are not always clear. In the short run (and so far, human history has consisted only of short runs), the victims, themselves desperate and tainted with the culture that oppresses them, turn on one another" (11). Similarly and far more eloquently, Holocaust survivor and author Primo Levi articulates the complexities of victim-perpetrator dichotomies in his idea of the "Gray Zone," his notion that moral ambiguity excels in oppressive, genocidal spaces such as Auschwitz. In these spaces, victims become complicit in inhumanity and perpetrators, sometimes, have moments of hesitation. That level of moral ambiguity is rife in Palestine.
My larger point is not necessarily about guilt, but about an unfortunate popular discourse that presumes genocide from one group but assumes the impossibility of such an act from another group, despite overlapping similarities. To begin with, it falls into neo-Orientalist discourse that is quick to portray Muslim activity as the worst possible (here I do not intend to excuse the Islamic State; they are monsters who torture children and should be prosecuted as such). However, cruel and harsh treatment of children (which, I should also point, should not have a place in any counter-terrorist campaign) from another group (Israel) warrants a different interpretation, simply by virtue of the fact that it is Israel. They should not be given a free pass from investigations, from checks and balances, and ultimately that's all a formal accusation should warrant–an investigation, rather than a full-fledged D-Day-like onslaught. Israel, I believe, should be investigated for its treatment of Palestinian children, but not just because that treatment might count as genocide. The goal should be to find evidence and decide who is responsible, and to put a stop to Israel's mistreatment of children, who, I would like to emphasize, should not be held responsible for a handful of terrorists, nor held captive to squeeze an entire culture into submission.
I hope that this has clarified my points a little, and if I have left anything a bit under-explained, please let me know and I can go into greater detail. I think we've started some kind of discourse, which is what I'd hoped would happen with this post, and I am eternally grateful for your interest! Thank you, Dan!
Pingback: Navigating the Language of Genocide by Keene Short | Israel Genocide?


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Islam gives us the Pregnant Suicide Bomber
Daniel Greenfield June 13, 2007
JERUSALEM: Israeli security forces arrested a pregnant Palestinian mother of eight and her niece, also a mother, as they worked to carry out a pair of suicide bombings in Israel. While several women have blown themselves up in attacks on Israelis in recent years, among them a 64-year-old grandmother, there is no record of a pregnant woman attempting such an attack.
There is no figure more sacrosanct in human society than the pregnant woman. The pregnant woman brings forth the next generation of a people. Even the most savage barbarians protect their own pregnant women. It is a fundamental biological instinct in mammals.
Islam and Arab terrorism by contrast represent the ultimate and overwhelming degradation of human life. It is Orwell's boot on the face of mankind forever. Islamic terrorism has used children in war. They've used grandmothers in war. Now they've used pregnant women in war.
Before this attack, we had already seen a pregnant suicide bomber in Iraq. But each time, Islam achieves a new depth of evil, it is worth recording if only to recognize the horror to which mankind is silently bowing its head. The horror of Islam.
There have been many ideologies that perpetrated atrocities throughout history but so very few have had this degree of callous disregard for their own. The Fatah and Hamas gunmen murdering each other in the streets are only an outgrowth of the same instinct that drives the terrorists and the suicide bombers. Like the worship of Kali, Islam is not a religion of life but a cult of death. Its goal is to create slave states that promote human degradation and misery of every kind under the veil of a false piousness. That is the real face of Islam. The one the media will not show.
Why send a pregnant woman to blow herself up? As evil as the act of murder itself is, the terrorists could have waited a few months for her to have her latest baby. But that wasn't the point. The point was for her to blow herself up while pregnant and show a complete contempt and disregard for human life. It was to show off the "courage" of a new level of horrific act on which the rabid hordes of Palestinian Arabs pride themselves on. Each new level of horror that Muslims are willing to practice on themselves, whether it is murdering each other in Gaza and Iraq, murdering their own children or murdering themselves-- whips them into a greater frenzy like worshipers dancing around a bloody altar enraptured by their own elimination of all moral borders and boundaries. Each atrocity demands a greater atrocity and another still to follow.
Posted by: Daniel Greenfield at June 13, 2007
Chana @ Lemon Lime Moon 13/6/07
Women are miserable in Islam.
They are treated worse than anything you can imagine.
Their lives are worthless to the men. Their children are worthless to them.
They beat up their pregnant wives,they kill their daughters, stone women who were raped.
Why is this a surprise?
There is no level of hell too low to which they will not stoop.
When hatred is all that is in your blood, this is the result.
This is why religion teaches the reward of "heaven" or "hell" or "purgatory" rather than the truth.
This gives them leverage over people's lives right now.
Yobeeone 13/6/07
Oh dang! Too bad the women didn't explode themselves right after they were equipped to go. That would be two arab babies who wouldn't come into the world to kill Jews.
Keli Ata 13/6/07
Islam, the religion of death, torture, and blood.
OT, btw Yobee, did you decide on an evil, devious laugh yet? LOL. Nya ha ha.
marallyn ben moshe 14/6/07
ah but these are crazy people...maybe some man touched her and her father and brothers gave her a choice...stoning or blowing herself up...yup crazy mothers...half a word...have a good day sultan and stay safe
True Mara, it could have been a choice between methods of dying.
At the same time, it could also have been of her own volition given the mass psychosis and glorification of death among Palestinians.
Is this the same woman who would have left 8 children behind? That's what I read today on Arutz Sheva. I mean, if you find out that you are terminally ill and you have a short time left to live or you get into a situation that you might realize that you might get killed, what is the first thought that runs through your mind as a parent? It's your children. It's not so much about yourself but what is going to happen to your children. Islam has stopped surprising me for a long time. But I never stop being amazed how depraved it's people are.
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Q: Joomla Custom Content Not Saving I have written a simple plugin to include custom content against Joomla articles. Here's the code:
defined ( '_JEXEC' ) or die ( 'Restricted access' );

class plgContentHomegrid extends JPlugin {

    protected $autoloadLanguage = true;

    function onContentPrepareForm($form, $data) {

        $app = JFactory::getApplication();
        $option = $app->input->get('option');

        switch($option) {

            case 'com_content':
                if ($app->isAdmin()) {

                    JForm::addFormPath(__DIR__ . '/forms');

                        $form->loadFile('homegrid', false);

                }

                return true;

        }

        return true;

    }

}

This works fine, the additional fields are displayed as a separate tab in admin, data saves correctly and everything's perfect. So far so good...however, I only want to display the additional tab on the home page. So, I amended the code so the additional form is only displayed for the home page:
 if( $data->featured == 1 ){

    $form->loadFile('homegrid', false);

}

The form now only displays on the home page admin screen as needed BUT the data is not saved.
What am I doing wrong?

A: OK, the problem comes because my conditional references the $data item, which is not populated during save, just display (as recorded here)
So, a little investigation finds this solution works fine:
if( $data->featured == 1 || $_POST['jform']['featured'] == 1 ){

    $form->loadFile('homegrid', false);

}

There seems to be no documentation anywhere on this!!


text:
suggested:Affordable HousingPublic SchoolsEssex Crossing [ { "word": "Essential Architecture", "link": { "ID": 10722, "post_author": "3", "post_date": "2020-03-16 22:12:59", "post_date_gmt": "2020-03-17 02:12:59", "post_content": "", "post_title": "Essential Architecture", "post_excerpt": "", "post_status": "publish", "comment_status": "closed", "ping_status": "closed", "post_password": "", "post_name": "essential-architecture", "to_ping": "", "pinged": "", "post_modified": "2020-07-15 17:29:36", "post_modified_gmt": "2020-07-15 21:29:36", "post_content_filtered": "", "post_parent": 0, "guid": "http:\/\/dattner.com\/?post_type=theme&p=10722", "menu_order": 0, "post_type": "theme", "post_mime_type": "", "comment_count": "0", "filter": "raw" }, "category": false, "permalink": "https:\/\/www.dattner.com\/projects\/themes\/view\/essential-architecture\/" }, { "word": "Housing", "link": { "ID": 10554, "post_author": "2", "post_date": "2020-03-11 17:19:29", "post_date_gmt": "2020-03-11 21:19:29", "post_content": "", "post_title": "Projects", "post_excerpt": "", "post_status": "publish", "comment_status": "closed", "ping_status": "closed", "post_password": "", "post_name": "projects", "to_ping": "", "pinged": "", "post_modified": "2020-12-30 08:55:45", "post_modified_gmt": "2020-12-30 13:55:45", "post_content_filtered": "", "post_parent": 0, "guid": "http:\/\/dattner.com\/?page_id=10554", "menu_order": 1, "post_type": "page", "post_mime_type": "", "comment_count": "0", "filter": "raw" }, "category": { "term_id": 14, "name": "Housing", "slug": "housing", "term_group": 0, "term_taxonomy_id": 14, "taxonomy": "type", "description": "", "parent": 0, "count": 13, "filter": "raw" }, "permalink": "https:\/\/www.dattner.com\/projects\/filter\/housing\/" }, { "word": "Team & Leadership", "link": { "ID": 10558, "post_author": "3", "post_date": "2020-03-11 17:20:03", "post_date_gmt": "2020-03-11 21:20:03", "post_content": "", "post_title": "Team", "post_excerpt": "", "post_status": "publish", "comment_status": "closed", "ping_status": "closed", "post_password": "", "post_name": "team", "to_ping": "", "pinged": "", "post_modified": "2020-05-29 14:53:17", "post_modified_gmt": "2020-05-29 18:53:17", "post_content_filtered": "", "post_parent": 10555, "guid": "http:\/\/dattner.com\/?page_id=10558", "menu_order": 0, "post_type": "page", "post_mime_type": "", "comment_count": "0", "filter": "raw" }, "category": false, "permalink": "https:\/\/www.dattner.com\/people\/team\/" } ]
Rem Garavito Bruhn
AIA, LEED AP BD+C
Rem Garavito Bruhn joined Dattner Architects in 2015, eager to work in a mission-driven firm, designing projects positively influence people's daily lives. He enjoys working with diverse stakeholder groups, and he takes pride in developing a concept that is carefully considered, from the macroscopic down to the smallest details, to realize their vision and contribute to the sustainable evolution of our cites.
Rem holds a Bachelor of Science in Architecture and a Master of Architecture from McGill University.
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text:
To Dance Again - A Very Potter Musical - Bass Tabs
"Oh how I'd start to shake. I'd  take   two  feet.       Two tiny feet.            Hey look, that's neat!"
G|-----------------------------------------------0--------0--------------4-----------4-----------------------
D|-----------------------------0-----2-----4-----------------------------------------------------------------
A|-----------------------------------------------------------------------------------------------------------
E|-----------------------------------------------------------------------------------------------------------
"It's coming true,                Oh boy I get to dance again, wahoo!
G|-----------------------------5--0-----5-----5-----0--5--------------------------------0-----------5-----0--
D|--2-----------2--------------------------------------------0--0--0--0--0--0-----------------0--------------
"To dance again,           I've been...    years to dance    again.      Now at...   appears     to hear-"
G|-----0-----------5-----0-----------5-----------------0-----------5-----0-----------5--------------0--2-----
D|-----------0-----------------3-----------7-----6-----------0-----------------3-----------2-----2-----------
"the beat. So, on your feet, it's time to dance  again. Come on Potter, Imperio!     You take your foot,"
G|---------------2/5-----------5--------------7-----0-----------5-----0-----0-----------5--------------0-----
D|-----------------------------------0-----7--------------0-----------------------0--------------------------
"Your little foot.          Hey look, your foot!                See, how it starts to shake."  QUIRREL:
G|--------------4--------2--4--------------------------------------------------------------------------------
D|--------------------------------------------2-----------0-----2-----------0-----0------0/12----------------
A|-----------------------------------------------------2-----------------------------------------9-----------
"Oooh! Try his arms!                 How 'bout a twirl?           He's like a girl!
G|-----------------------------------0--------------4--------------4--------------2-----------------
D|--------------------------------0-----------------------------4--------------------------2--2--2--
A|-----------------10-------------------------------------------------------------------------------
"How overdue,               I finally...    again, with you."                BOTH:  "To dance again,"
G|--------5-----5-----7--9-----------------------------0--0-----0-----------5-----------0-----------5--
D|-----------5--------------10----0--0--0--0--0--0--2-----------------0--------0--2--4--------0--------
A|-----------------------------------------------------------------------------------------------------
E|-----------------------------------------------------------------------------------------------------
"I've...      years to dance again.              Now at once a chance appears. It's lovely swaying,"
G|--------------5-----2-----1-----0-----------5-----------------5--------------0-----2-----------------------
D|--5--4--3-----------------------------0--------0--5--4--3-----------2-----2--------------------------------
"The music's playing,    Come on, let's dance   again."     VOLDY:  "Everybody!"
G|--2--5-----------------5--------------------------------0-----------5-----0-----0--------------
D|--------------------------0-----0--0--0--0--0--0--------------0-----------------------0-----0--
A|-----------------------------------------------------------------------------------------------
E|-----------------------------------------------------------------------------------------------
"I    take   my    foot.                   My little foot.                And oh my foot,"
G|--------------------0-----0-----------------------------4-----4--------------------------------------------
D|--0-----2-----4--------------0-----0-----------0-----4-----------4-----4--------4--3--2-----2-----------2--
A|--------------------------------------------------------------------------2--------------------2-----2-----
E|--------------------------------------3-----3--------------------------------------------------------------
"Look  how    it   starts    to    shake . Oh,   Vol   dy's  back               for the attack."
G|--------------------------------------------------------------0-----0--------------------------------4-----
D|--------------2-----0--------0-----0--------0-----2-----4--------------0-----0-----------0-----0--------4--
A|--2-----2--------------------------------------------------------------------------------------------------
E|--------------------------------------------------------------------------------3-----3--------------------
"He'll  take      over         the world,  it's true, but first there's somethin
G|--------------4-----4--------------------------------------2-----2-----2-----2--------------------------
D|--0--------4-----------4-----3-----2-----2-----2-----2--------------------------------------------------
A|-----------------------------------------------------------------------------------0-----2-----3-----4--
E|--------------------------------------------------------------------------------------------------------
"He's got    to     do.   Dance          again.                 I've been waiting all these years to"
G|--------------------------0-----0-----------5-----5--0--------------------------5-----5--2-----2--1-----
D|--0-----2-----3-----4--------------0-----0-----------------4-----3-----3-----3--------------------------
A|--------------------------------------------------------------------------------------------------------
"Dance             again.         Now at once a change appears.   Everybody  make  way,"   "-for a"
G|--0-----0-----------5-----5--------------------------------------------------------------------------
D|-----------0--0--------------5--4--2-----2-----------------------------------------------------------
A|--------------------------------------------2-----2-----------2-----0--0--0--0--0--0--0--------------
E|-----------------------------------------------------0-----0-----------------------------------------
"Pas de bourrée,"     "I'ts time to dance,     it's time to dance,      it's time to dance,"
G|--5--5--5--5--5--5--5--------2-----2-----2-----------4-----4-----4-----------------7-----7-----7-----7--
D|--------------------------0-----0-----0-----0-----2-----2-----2-----2-----0--0--0-----0-----0-----0-----
"Again."
G|-----7-----7-----------0-----0-----5--0-----------------5-----------0-----------------------------------
D|--0-----0-----0--------------------------------4--3-----------3-----------------------------------------
About A Very Potter Musical : A Very Potter Musical is a musical with music and lyrics by Darren Criss and A. J. Holmes . The story is based on several of the Harry Potter novels by J. K. Rowling . A Very Potter Musical tells the story of Harry Potter's return to Hogwarts School of Witchcraft and Wizardry . The Golden Trio's attempts to destroy the Horcruxes . The musical was performed on April 9–11, 2009 on the University of Michigan campus . Darren Criss as Harry Potter, Joey Richter as Ron Weasley, Bonnie Gruenen as Hermione Granger, Lauren Lopez as Draco Malfoy, Brian Rosenthal as Quirinus Quirrell and Joe Walker as Lord Voldemort . A Very Potter Musical has a significant contribution from artist(s) Darren Criss,A. J. Holmes,Matt Lang,Nick Lang,Brian Holden,J. K. Rowling,Harry Potter,Harry Potter.
About Darren Criss - Darren Criss is an American actor, singer and songwriter . He rose to fame on the television series Glee (2010–15) and received Emmy and Golden Globe acting awards . He has also appeared on Broadway and in film . StarKid Productions is a musical theater company based in Chicago . Criss first garnered attention playing Harry Potter in the lead role of Harry Potter . The troupe made Billboard history when their original album became the first charting student-produced musical recording . Criss is best known for his portrayal of Blaine Anderson on the Fox musical comedy-drama series Glee . His first number, "Teenage Dream", became the fastest-selling Glee single, reached number eight on the Billboard Hot 100 . Darren Criss's music is influenced by genre(s) - pop.
About A. J. Holmes - Andrew James Holmes is an American actor, singer and composer working in musical theater . Holmes is a member of StarKid Holmes is known for playing Elder Cunningham in The Book of Mormon . He was the sole composer of Twisted, leading him to be most closely identified with Twisted . Holmes is also a member of StarKid Productions . Holmes grew up in Southern California and graduated from University of Michigan in 2011.


🏆 Firms which are early adopters of AI achieve an insurmountable advantagesuggests an excellent new report on automation and its impact on work from the McKinsey Global Institute. (Full PDF, which I've not yet read, here.) Read also: Irving Wladawsky-Berger on what human-machine work teams of the future might look like.


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Scotland Yard charge: teaching people to use crypto is an act of terrorism
Cory Doctorow 9:50 am Mon Oct 10, 2016
Samata Ullah from Cardiff faces six terrorism charges, including "preparation of terrorism…"by researching an encryption programme, developing an encrypted version of his blog site, and publishing the instructions around the use of [the] programme on his blog site."
Another charge against Ullah is that he provided "instruction or training in the use of encryption programmes…for the commission or preparation of acts of terrorism or for assisting the commission or preparation by others of such acts."
Finally, he was charged with possessing a "Universal Serial Bus (USB) cufflink that had an operating system loaded on to it for a purpose connected with the commission, preparation, or instigation of terrorism." That is, a thumbdrive loaded with an operating system like TAILS, something that many people (including me) keep around in order to boot their computers into known-good states to check for malware and make sure our communications are secure.
In other words, according to Scotland Yard, serving a site over HTTPS (as this one is) and teaching people to use crypto (as this site has done) and possessing a secure OS (as I do) are acts of terrorism or potential acts of terrorism. In some of the charges, the police have explicitly connected these charges with planning an act of terrorism, but in at least one of the charges (operating a site served over HTTPS and teaching people about crypto) the charge lacks this addendum — the mere act is considered worthy of terrorism charges. Scotland Yard's own site is not available over HTTPS though other UK governmental sites are. are — and the UK government offers its own crypto training tools.
The charge sheet includes one count of preparation of terrorism "by researching an encryption programme, developing an encrypted version of his blog site, and publishing the instructions around the use of [the] programme on his blog site."
Ullah is also accused of knowingly providing "instruction or training in the use of encryption programmes" in relation to "the commission or preparation of acts of terrorism or for assisting the commission or preparation by others of such acts."
He has additionally been charged with being in possession of a "Universal Serial Bus (USB) cufflink that had an operating system loaded on to it for a purpose connected with the commission, preparation, or instigation of terrorism."
Cops charge Cardiff man with "training, researching" how to use crypto software
[Kelly Fiveash/Ars Technica]
(Image: Internet2, Fabio Lanari, CC-BY-SA)
ukpoli
Backlash in China brewing against rampant face-recognition in daily life
Over at Technode, Shi Jiayi synthesizes recent stories in Chinese media showing how China's ever-surveilled population is getting sick of rampant face-recognition, and is speaking out. Face-recognition tech has penetrated all sectors of everyday life in China. As Jiayi notes, it's "it is now used in stores for pay-by-face, in hotels and public transportation for… READ THE REST
Amazon is using Pinkertons for union-busting surveillance
Lauren Gurley at Vice's Motherboard has broken the story about the obsessive monitoring of labor and environmental activists at Amazon facilities in Europe by Pinkerton merceneries. From the source: A trove of more than two dozen internal Amazon reports reveal in stark detail the company's obsessive monitoring of organized labor and social and environmental movements… READ THE REST
French government proposes new ban on filming and photographing police
On November 20, 2020, the French government presented a new security bill. Article 24 of the bill outlaws the dissemination of photos and videos that feature, "the image of the face or any other element of identification of an official of the national police or of a soldier of the national gendarmerie when acting within… READ THE REST
This Himalayan Salt Lamp isn't just mesmerizing – it's also a wireless charger
Anybody can just plunk down a cookie-cutter lamp on their desk, plug it in, and be good to go. I mean, it's just a lamp, right? That's true if your only mission is to bring light to an area. But, if you require a little more function and aesthetic joy from your desk accessories, there… READ THE REST
There's a new school of car insurance companies, and Clearcover leads the pack
"Build a better mousetrap, and the world will beat a path to your door." That century-old quote from Ralph Waldo Emerson (sort of) is just as true today. If you build a better product, offer a better service or create a better infrastructure for customers, then with a bit of time and attention, the world… READ THE REST
The hand warmer in this portable heater might just make it your favorite item in your home office
Sometimes, you'd really rather just boost the temperature in your bedroom or home office by a few degrees without firing up your central heating and paying to pump that heat throughout the entire house. In that case, you just need a portable heater that can wrap a cocoon of warmth around a relatively small, contained… READ THE REST


text:
Accelerating supply chain efficiency with data
Manufacturers face complexity in managing their supply chain. Issues such as product shortages or delays, lack of visibility, and inconsistent pricing across suppliers can add to costs and result in missed deadlines.
Teradata Vantage™ provides answers—supporting BMW Group moving parts from a myriad of suppliers in one of the most complex supply chains in the world.
Vantage provides visibility, transparency, and efficiencies across supply chains to ensure manufacturers have the right materials at the right locations, at the right time.
If certain parts are being consumed faster than planned or there's a part failure, manufacturers need to know as quickly as possible to take corrective actions.
Making the supply chain a well-oiled machine
Vehicle manufacturers must avoid costly disruptions in their supply chain to keep cars rolling off assembly lines. Vantage enables BMW Group to see granular details about suppliers, pricing, and key performance indicators (KPIs) that are shared across all process partners. This allows insights into pricing across all suppliers and processing plants. The analytics can identify if one location is paying a different price for the same part from the same supplier than another plant, and if so, why it's happening.
The analytic software platform makes data pervasive as over 30 million parts move through the supply chain each day.
Vantage integrates supplier data, identifies problems that could impact any of the manufacturing plants, and finds answers to cost effectively and efficiently move materials to facilities.
Vantage provides transparency and line of sight across shipping and logistics processes so that supply team analysts can see where there are potential gaps or risks.
This includes best courses of action to mitigate risks and optimize the supply chain. Creating an end-to-end view of logistics can pinpoint where a part is at any given moment, whether it's the middle of the ocean, in a warehouse, on a delivery truck, or on a shelf awaiting installation.
Vantage answers questions that are previously unanswered:
What happens with materials on the way to overseas plants?
What are cost drivers in the supply chain and how can they be influenced?
Performance and Collaboration
How are logistics providers performing and how are they working together with suppliers?
How is delivery volume expected to change in the future?
Better answers accelerate better outcomes
Every supplier and part involved in a supply chain produces data, which adds up to massive volumes.
Vantage integrates disparate data from all available sources to identify ways to improve processes to make the supply chain a more strategic, value-added asset.
By integrating the data, Vantage gives BMW Group transparency into shipping, including shipping overseas.
Reducing impact of supply chain issues.
The data and analytics help identify when a container is behind schedule and if this poses a risk to production. Knowing as soon as possible about delays and the impact on production allows BMW Group to determine the most appropriate and cost-effective action to keep cars rolling off the assembly line.
This lets analysts use SQL or another language of their choice to get answers to business and supply chain questions.
The platform can tell BMW Group how changing a supplier or a cost adjustment in logistics can affect the total cost of a vehicle. Teradata allows for a single view of shared KPIs for logistic providers and suppliers.
Centrally tracking and reporting on a global supply network gives BMW Group the transparency, speed, and efficiency to reduce supply costs and accelerate production.
By bringing together all data sources and providing visibility into the supply chain, Vantage can monitor the progress of every vehicle, letting BMW Group know the associated logistics and supply chain costs of every vehicle produced globally. The result is minimal downtime and on-time deliveries to meet customer demand.
More capabilities under the hood
Vantage brings together 70 interfaces of suppliers, logistic providers, packaging plants, carriers, overseas plants, and production programs. The system updates every 15 minutes, generating more than 400 million entries per month, and is on pace to generate 63 terabytes of data through 2020.
Learn more about Vantage
BMW Group's answer:
Using data to move over 30 million parts, daily, through an automotive manufacturer's supply chain.
Enabling 5M clinical decisions a day.
Delivering superior customer satisfaction.
Keeping millions of shipments on the rails.


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