text:
Effective Date: 3/1/2003
Obsolete Date: 3/1/2011
(a) Commencement of a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all in a class action if:
(1) the class is so numerous or so constituted that joinder of all members, whether or not otherwise required or permitted, is impracticable; and
(2) there is a question of law or fact common to the class.
(b) Certification of Class Action.
(1) Unless deferred by the court, as soon as practicable after the commencement of a class action the court shall hold a hearing and determine whether or not the action is to be maintained as a class action and by order certify or refuse to certify it as a class action.
(2) The court may certify an action as a class action if it finds that (A) the requirements of subdivision (a) have been satisfied, (B) a class action should be permitted for the fair and efficient adjudication of the controversy, and (C) the representative parties fairly and adequately will protect the interests of the class.
(3) If appropriate, the court may (A) certify an action as a class action with respect to a particular claim or issue, (B) certify an action as a class action to obtain one or more forms of relief, equitable, declaratory, or monetary, or (C) divide a class into subclasses and treat each subclass as a class.
(c) Criteria Considered.
(1) In determining whether the class action should be permitted for the fair and efficient adjudication of the controversy, as appropriately limited under subdivision (b) (3), the court shall consider, and give appropriate weight to, the following and other relevant factors:(A) whether a joint or common interest exists among members of the class;(B) whether the prosecution of separate actions by or against individual members of the class would create a risk of inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for a party opposing the class;(C) whether adjudications with respect to individual members of the class as a practical matter would be dispositive of the interests of other members not parties to the adjudication or substantially impair or impede their ability to protect their interests;(D) whether a party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making final injunctive relief or corresponding declaratory relief appropriate with respect to the class as a whole;(E) whether common questions of law or fact predominate over any questions affecting only individual members;(F) whether other means of adjudicating the claims and defenses are impracticable or inefficient;(G) whether a class action offers the most appropriate means of adjudicating the claims and defenses;(H) whether members not representative parties have a substantial interest in individually controlling the prosecution or defense of separate actions;(I) whether the class action involves a claim that is or has been the subject of a class action, a government action, or other proceeding;(J) whether it is desirable to bring the class action in another forum;(K) whether management of the class action poses unusual difficulties;(L) whether any conflict of laws issues involved pose unusual difficulties; and(M) whether the claims of individual class members are insufficient in the amounts or interests involved, in view of the complexities of the issues and the expenses of the litigation, to afford significant relief to the members of the class.(2) In determining under subdivision (b)(2) that the representative parties fairly and adequately will protect the interests of the class, the court must find that:(A) the attorney for the representative parties will adequately represent the interests of the class;(B) the representative parties do not have a conflict of interest in the maintenance of the class action; and(C) the representative parties have or can acquire adequate financial resources, considering subdivision (q), to assure that the interests of the class will not be harmed.
(d) Order on Certification.
(1) The order of certification shall describe the class and state: (A) the relief sought, (B) whether the action is maintained with respect to particular claims or issues, and (C) whether subclasses have been created.
(2) The order certifying or refusing to certify a class action shall state the reasons for the court's ruling and its findings on the factors listed in subdivision (c)(1).
(3) An order certifying or refusing to certify an action as a class action is appealable.
(4) Refusal of certification does not terminate the action, but does preclude it from being maintained as a class action.
(e) Amendment of Certification Order.
(1) The court may amend the certification order at any time before entry of judgment on the merits. The amendment may (A) establish subclasses, (B) eliminate from the class any class member who was included in the class as certified, (C) provide for an adjudication limited to certain claims or issues, (D) change the relief sought, or (E) make any other appropriate change in the order.
(2) If notice of certification has been given pursuant to subdivision (g), the court may order notice of the amendment of the certification order to be given in terms and to any members of the class the court directs.
(3) The reasons for the court's ruling shall be set forth in the amendment of the certification order.
(4) An order amending the certification order is appealable. An order denying the motion of a member of a defendant class, not a representative party, to amend the certification order is appealable if the court certifies it for immediate appeal.
(f) Jurisdiction Over Multi-State Classes (Reserved).
(g) Notice of Action.
(1) Following certification, the court by order, after hearing, shall direct the giving of notice to the class.
(2) The notice, based on the certification order and any amendment of the order, must include:(A) a general description of the action, including the relief sought, and the names and addresses of the representative parties;(B) a statement of the right of a member of the class under subdivision (h) to be excluded from the action by filing an election to be excluded, in the manner specified, by a certain date;(C) a description of possible financial consequences for the class;(D) a general description of any counterclaim being asserted by or against the class, including the relief sought;(E) a statement that the judgment, whether favorable or not, will bind all members of the class who are not excluded from the action;(F) a statement that any member of the class may enter an appearance either personally or through counsel;(G) an address to which inquiries may be directed; and(H) other information the court deems appropriate;(3) The order must prescribe the manner of notification to be used and specify the members of the class to be notified. In determining the manner and form of the notice to be given, the court shall consider the interests of the class, the relief requested, the cost of notifying members of the class, and the possible prejudice to members who do not receive notice.
(4) Each member of the class, not a representative party, whose potential monetary recovery or liability is estimated to exceed $100 must be given personal notice, mailed notice, or notice via third-party commercial carrier if the person's identity and whereabouts can be ascertained by the exercise of reasonable diligence.
(5) For members of the class not given notice under paragraph (4), the court shall provide, as a minimum, a means of notice reasonably calculated to apprise the members of the class of the pendency of the action. Techniques calculated to assure effective communication of information concerning commencement of the action must be used. The techniques may include personal notice, mailed notice, or notice via third-party commercial carrier, newspaper, television, radio, posting in public or other places, and distribution through trade, union, public interest, or other appropriate groups.
(6) The plaintiff shall advance the expense of notice under this subdivision if there is no counterclaim asserted. If a counterclaim is asserted the expense of notice must be allocated as the court orders in the interest of justice.
(7) The court may order that steps be taken to minimize the expense of notice.
(h) Exclusion.
(1) A member of a plaintiff class may elect to be excluded from the action unless (A) he is a representative party, (B) the certification order contains an affirmative finding under subparagraph (A), (B), or (C) of subdivision (c) (1), or (C) a counterclaim under subdivision (k) is pending against the member or his class or subclass.
(2) Any member of a plaintiff class entitled to be excluded under paragraph (1) who files an election to be excluded, in the manner and in the time specified in the notice, is excluded from and not bound by the judgment in the class action.
(3) The elections shall be made a part of the record in the action.
(4) A member of a defendant class may not elect to be excluded.
(i) Conduct of Action.
(1) The court on motion of a party or its own motion may make or amend any appropriate order dealing with the conduct of the action including, but not limited to, the following:
(A) determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;(B) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given as the court directs, of (i) any step in the action, (ii) the proposed extent of the judgment, or (iii) the opportunity of members to signify whether they consider the representation fair and adequate, to enter an appearance and present claims or defenses, or otherwise to participate in the action;(C) imposing conditions on the representative parties or on intervenors;(D) inviting the attorney general to participate with respect to the question of adequacy of class representation;(E) making any other order to assure that the class action proceeds only with adequate class representation; and(F) making any order to assure that the class action proceeds only with competent representation by the attorney for the class.
(2) A class member not a representative party may appear and be represented by separate counsel.
(j) Discovery by or Against Class Members.
(1) Discovery under applicable discovery rules may be used only on order of the court against a member of the class who is not a representative party or who has not appeared. In deciding whether discovery should be allowed the court shall consider, among other relevant factors, the timing of the request, the subject matter to be covered, whether representatives of the class are seeking discovery on the subject to be covered, and whether the discovery will result in annoyance, oppression, or undue burden or expense for the members of the class.
(2) Discovery by or against representative parties or those appearing is governed by the rules dealing with discovery by or against a party to a civil action.
(k) Counterclaims.
(1) A defendant in an action brought by a class may plead as a counterclaim any claim the court certifies as a class action against the plaintiff class. On leave of court, the defendant may plead as a counterclaim a claim against a member of the class or a claim the court certifies as a class action against a subclass.
(2) Any counterclaim in an action brought by a plaintiff class must be asserted before notice is given under subdivision (g).
(3) If a judgment for money is recovered against a party on behalf of a class, the court rendering judgment may stay distribution of any award or execution of any portion of a judgment allocated to a member of the class against whom the losing party has pending an action in or out of state for a judgment for money, and continue the stay so long as the losing party in the class action pursues the pending action with reasonable diligence.
(4) A defendant class may plead as a counterclaim any claim on behalf of the class that the court certifies as a class action against the plaintiff. The court may certify as a class action a counterclaim against the plaintiff on behalf of a subclass or permit a counterclaim by a member of the class. The court shall order that notice of the counterclaim by the class, subclass, or member of the class be given to the members of the class as the court directs, in the interest of justice.
(5) A member of a class or subclass asserting a counterclaim shall be treated as a member of a plaintiff class for the purpose of exclusion under subdivision (h).
(6) The court's refusal to allow, or the defendant's failure to plead, a claim as a counterclaim in a class action does not bar the defendant from asserting the claim in a subsequent action.
(l) Dismissal or Compromise.
(1) Unless certification has been refused under subdivision (b), a class action, without the approval of the court after hearing, may not be (A) dismissed voluntarily, (B) dismissed involuntarily without an adjudication on the merits, or (C) compromised.
(2) If the court has certified the action under subdivision (b), notice of hearing on the proposed dismissal or compromise shall be given to all members of the class in a manner the court directs.If the court has not ruled on certification, notice of hearing on the proposed dismissal or compromise may be ordered by the court which shall specify the persons to be notified and the manner in which notice is to be given.
(3) Notice given under paragraph (2) shall include a full disclosure of the reasons for the dismissal or compromise including, but not limited to, (A) any payments made or to be made in connection with the dismissal or compromise, (B) the anticipated effect of the dismissal or compromise on the class members, (C) any agreement made in connection with the dismissal or compromise, (D) a description and evaluation of alternatives considered by the representative parties and (E) an explanation of any other circumstances giving rise to the proposal. The notice also shall include a description of the procedure available for modification of the dismissal or compromise.
(4) On the hearing on the dismissal or compromise, the court may (A) as to the representative parties or a class certified under subdivision (b), permit dismissal with or without prejudice or approve the compromise, (B) as to a class not certified, permit dismissal without prejudice, (C) deny the dismissal, (D) disapprove the compromise, or (E) take other appropriate action for the protection of the class and in the interest of justice.
(5) The cost of notice given under paragraph (2) shall be paid by the party seeking dismissal, or as agreed in case of a compromise, unless the court after hearing orders otherwise.
(m) Effect of Judgment on Class. In a class action certified under subdivision (b) in which notice has been given under subdivision (g) or (l), a judgment as to the claim or particular claim or issue certified is binding, according to its terms, on any member of the class who has not filed an election of exclusion under subdivision (h). The judgment shall name or describe the members of the class who are bound by its terms.
(n) Costs.
(1) Only the representative parties and those members of the class who have appeared individually are liable for costs assessed against a plaintiff class.
(2) The court shall apportion the liability for costs assessed against a defendant class.
(3) Expenses of notice advanced under subdivision (g) are taxable as costs in favor of the prevailing party.
(o) Relief Afforded.
(1) The court may award any form of relief consistent with the certification order to which the party in whose favor it is rendered is entitled, including equitable, declaratory, monetary, or other relief to individual class or the class in a lump sum or installments.
(2) Damages fixed by a minimum measure of recovery provided by any statute may not be recovered in a class action.
(3) If a class is awarded a judgment for money, the distribution shall be determined as follows:(A) the parties shall list as expeditiously as possible all members of the class whose identity can be determined without expending a disproportionate share of the recovery;(B) the reasonable expense of identification and distribution shall be paid, with the court's approval, from the funds to be distributed;(C) the court may order steps taken to minimize the expense of identification;(D) the court shall supervise, and may grant or stay the whole or any portion of, the execution of the judgment and the collection and distribution of funds to the members of the class as their interests warrant;(E) the court shall determine what amount of the funds available for the payment of the judgment cannot be distributed to members of the class individually because they could not be identified or located or because they did not claim or prove the right to money apportioned to them. The court after hearing shall distribute that amount, in whole or in part, to one or more states as unclaimed property or to the defendant.(F) in determining the amount, if any, to be distributed to a state or to the defendant, the court shall consider the following criteria: (i) any unjust enrichment of the defendant, (ii) the willfulness or lack of willfulness on the part of the defendant; (iii) the impact on the defendant of the relief granted; (iv) the pendency of other claims against the defendant; (v) any criminal sanction imposed on the defendant; and (vi) the loss suffered by the plaintiff class.(G) in order to remedy or alleviate any harm done, the court may impose conditions on the defendant respecting the use of the money distributed to him.(H) any amount to be distributed to a state shall be distributed as unclaimed property to any state in which are located the last known addresses of the members of the class to whom distribution could not be made. If the last known addresses cannot be ascertained with reasonable diligence, the court may determine by other means what portion of the unidentified or unlocated members of the class were residents of a state. A state shall receive that portion of the distribution that its residents would have received had they been identified and located. Before entering an order distributing any part of the amount to a state the court shall give written notice of its intention to make distribution to the attorney general of the state of the residence of any person given notice under subdivision (g) or (l) and shall afford the attorney general an opportunity to move for an order requiring payment to the state.
(p) Attorney's Fees.
(1) Attorney's fees for representing a class are subject to control of the court.
(2) If under an applicable provision of law a defendant or defendant class is entitled to attorney's fees from a plaintiff class, only representative parties and those members of the class who have appeared individually are liable for those fees. If a plaintiff is entitled to attorney's fees from a defendant class, the court may apportion the fees among the members of the class.
(3) If a prevailing class recovers a judgment for money or other award that can be divided for the purpose, the court may order reasonable attorney's fees and litigation expenses of the class to be paid from the recovery.
(4) If the prevailing class is entitled to declaratory or equitable relief, the court may order the adverse party to pay to the class its reasonable attorney's fees and litigation expenses if permitted by law in similar cases not involving a class or the court finds that the judgment has vindicated an important public interest. However, if any monetary award is also recovered, the court may allow reasonable attorney's fees and litigation expenses only to the extent that a reasonable proportion of that award is insufficient to defray the fees and expenses.
(5) In determining the amount of attorney's fees for a prevailing class the court shall consider the following factors:(A) the time and effort expended by the attorney in the litigation, including the nature, extent, and quality of the services rendered;(B) results achieved and benefits conferred upon the class;(C) the magnitude, complexity, and uniqueness of the litigation;(D) the contingent nature of success;(E) in cases awarding attorney's fees and litigation expenses under paragraph (4) because of the vindication on an important public interest, the economic impact on the party against whom the award is made; and(F) appropriate criteria included in the North Dakota Code of Professional Responsibility.
(q) Arrangements for Attorney's Fees and Expenses.
(1) Before a hearing under subdivision (b) (1) or at any other time the court directs, the representative parties and the attorney for the representative parties shall file with the court, jointly or separately:(A) a statement showing any amount paid or promised them by any person for the services rendered or to be rendered in connection with the action or for the costs and expenses of the litigation and the source of all of the amounts;(B) a copy of any written agreement, or a summary of any oral agreement, between the representative parties and their attorney concerning financial arrangements or fee; and(C) a copy of any written agreement, or a summary of any oral agreement, by the representative parties or the attorney to share these amounts with any person other than a member, regular associate, or an attorney regularly of counsel with his law firm. This statement shall be supplemented promptly if additional arrangements are made.(2) Upon a determination that the costs and litigation expenses of the action cannot reasonably and fairly be defrayed by the representative parties or by other available sources, the court by order may authorize and control the solicitation and expenditure of voluntary contributions for this purpose from members of the class, advances by the attorneys or others, or both, subject to reimbursement from any recovery obtained for the class. The court may order any available funds so contributed or advanced to be applied to the payment of any costs taxed in favor of a party opposing the class.
(r) Statute of Limitations. The statute of limitations is tolled for all class members upon the commencement of an action asserting a class action. The statute of limitations resumes running against a member of a class:
(A) upon filing an election of exclusion;(B) upon entry of a certification order, or of an amendment thereof, eliminating him from the class;(C) except as to representative parties, upon entry of an order under subdivision (b) refusing to certify the action as a class action; and(D) upon dismissal of the action without an adjudication on the merits.
(s) Uniformity of Application and Construction. This Rule shall be construed and applied to effectuate its general purpose to make uniform the law with respect to the subject of this Rule among states enacting it.
(t) Stay on Appeal Only Upon Order. An appeal from an order of a district court certifying an action as a class action or modifying an order of certification, or refusing to certify an action as a class action or modify an order of certification, does not stay proceedings in the district court unless the district court or the supreme court so orders.
(u) Short Title.This rule may be cited as the "Model Class Actions Rule."
Rule 23 was amended, effective February 15, 1977; January 1, 1995; March 1, 1999; March 1, 2003; March 1, 2011.
Rule 23 is substantially the same as the Model Class Actions Rule as drafted by the National Conference of Commissioners on Uniform State Laws. Prior to February 15, 1977, the effective date of this rule, Rule 23 was the same as Fed.R.Civ.P. 23.
Rule 23 was revised, effective March 1, 2003.A new subdivision (t) was added to clarify that an appeal under paragraphs (d)(3) or (e)(4) does not stay district court proceedings unless a stay is ordered by the district court or the supreme court.It is expected that a stay will be sought first from the district court.
Rule 23 was amended, effective March 1, 2011. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
The following comments are based on the official Comments to the Model Rule.
Subdivision (a):
This subdivision sets forth the requirements that must be satisfied to authorize the bringing of a class action.Subdivision (b) authorizes the maintenance of a class action.
Subdivision (b):
In connection with the finding under subparagraphs (2)(B) and (C), see paragraphs (c)(1) and (2).
Subdivision (c):
After an action has been brought as a class action, if the court determines that there is an action pending in another court which encompasses the pending class action both as to general class and claim, the court hearing the class action may refuse to certify the action against or on behalf of the class if it concludes that this form is not the most appropriate one.In making this decision, the court must consider the sequence of the suits, the residence of the members of the class, where the transaction or occurrence involved took place, where the relevant evidence is available, and other pertinent facts.
Subdivision (d):
Paragraph (4) presupposes the existence of rules of civil procedure which will allow the action to proceed on behalf of the representative parties as properly joined parties.
Denial of certification and the allowance of a personal action under paragraph (4) does not affect any possible intervention or joinder of class members who are not representative parties under the applicable state laws.
Subdivision (f):
The jurisdictional provisions for multi-state classes were repealed, effective January 1, 1995, to conform with the Uniform Law Commissioners' Model Class Actions Rule, to allow application of the analysis found in Phillips Petroleum Company v. Shutts, 472 U.S. 797, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985), and to eliminate application of the more stringent "minimum contacts" test to class action plaintiffs.
Subdivision (g):
The hearing required by paragraph (1), if the court wishes, can be combined with the hearing required by paragraph (b) (1).
Subdivision (g) was amended, effective March 1, 1999, to allow notice via third-party commercial carrier as an alternative to mail.
Personal mailed notice to all class members is not required by this Rule.See Grant v. City of Lincoln, 225 N.W.2d 549 (Neb. 1975);Cartt v. Superior Court in and for County of Los Angeles, 50 Cal.App.3d 960, 124 Cal.Rptr. 376 (Ct. App. 1975).
The type of notice to be given may vary as to the persons to be notified, the form of notice, and, to some extent, the content.Paragraph (3) indicates that the court must consider a number of factors in deciding what type of notice to give.
Paragraph (7) would allow the court to order a defendant who has a mailing list of class members to cooperate with the representative parties in notifying the class members.Use of a computer or enclosing notice in a regular mailing are possibilities.
Subdivision (h):
Under some circumstances members of a plaintiff class cannot elect to be excluded and subdivision (h) is drafted to cover that situation.Such situations might arise in actions comparable to those under Federal Rule 23(b)(1);see 5 Moore's Federal Practice, § 23.41 (3rd Ed. 2010). In most situations, members of a plaintiff class will be permitted to elect to be excluded.
Subdivision (i):
The rules governing civil procedure in the courts of the State will normally govern procedures in class actions.Subdivision (i) covers certain matters that are found only in class actions and deserve special consideration. Subparagraph (1)(D) does not limit the power of the attorney general to participate in litigation under other provisions of applicable law.
Subdivision (j):
Discovery against representative parties includes the representative parties' fee arrangement with counsel.Disclosure of this arrangement is required under subdivision (q).
Subdivision (k):
The expense of notification of actions involving counterclaims is determined as provided in paragraph (g)(7).
Subdivision (n):
The nature of other costs and assessments against parties in a class action is left to the law generally applicable in the state.Subdivision (n) merely specifies the liability of class members if costs are assessed against the class and provides for assessment of the expense of notification under subdivision (g).
Subdivision (o):
This section incorporates the idea of "fluid recovery," to benefit the class as a whole when distribution of damage awards to individual members is impracticable or a residue remains after distribution. See State of West Virginia v. Charles Pfizer & Co.,314 F.Supp. 710 (S.D. N.Y. 1970);Bebchick v. Public Utilities Commission, 318 F.2d 187 (D.C. Cir.1963), cert. denied 83 S.Ct. 1304 (1963);Daar v. Yellow Cab Co.,433 P.2d 732, 63 Cal.Rptr. 724 (1967).
Subdivision (p):
Courts under this rule have discretion to award attorney's fees in class actions when the class failed to win damages or equitable relief but the court finds the class action "prevailed" because the suit performed a valuable public service.See Perham v. Southwestern Bell Telephone Co., 433 F.2d 421 (8th Cir. 1970).
Most of the factors listed in paragraph (5) derive from Lindy Bros. Builders, Inc. of Phila. v. American Radiator & Standard Sanitary Corp., 487 F.2d 161 (3rd Cir. 1973).
Subdivision (q):
Subdivision (q) requires information regarding the arrangements for attorney's fees and expenses to be disclosed in order to assist the court in making determinations as to adequacy of representation by the representative parties and by the attorney for the class, as to any possible collusion between the representative parties and the attorney for the class, and as to any possible conflict of interests among the representative parties and the class members.
Subdivision (r):
American Pipe and Construction Co. v. Utah, 414 U.S. 538, 94 S.Ct. 756, 38 L.Ed.2d 713 (1974), held that the commencement of a class action under Federal Rule 23 suspends the applicable statute of limitations to all members of the class pending a determination of class action status.Subdivision (r) codifies the American Pipe case.
SOURCES: Joint Procedure Committee Minutes of April 29-30, 2010, pages 6, 9; April 25-26, 2002, pages 10-12; January 24-25, 2002, pages 4-5; September 27-28, 2001, pages 13-15, 18-19; January 29-30, 1998, pages 18-19; April 28-29, 1994, page 23; September 20-21, 1979, pages 14-17; September 23-24, 1976, pages 62-76; Uniform Class Actions Rule (1976).
CROSS REFERENCE: N.D.R.Civ.P. 19 (Joinder of Persons Needed for Just Adjudication), N.D.R.Civ.P. 20 (Permissive Joinder of Parties), and N.D.R.Civ.P. 24 (Intervention).


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This week's theme for Sepia Saturday is "going out", as suggested by Liz Stratton of Attics and Old Lace. I could have posted many photos of the family on outings to the playground, picnics, or fishing trips, but I chose a few showing my maternal grandparents, Douglas and Elsie (of the road trip to Monaco) going out to dinner. Please feel free to come along!
Here they are at a social event in 1950 – they're the couple on the left. I don't know who their friends are but they were obviously close, and I love the lady's halter neck dress. On close inspection, I wonder if the man is Elsie's younger brother, Bill, who was a surgeon and emigrated from Scotland to the US. I don't remember ever meeting him. His sisters called him "Wee Billy B" as he was the baby of the family 🙂
And again at a Christmas Bash in December 1951 – Elsie's sister, Jan, is the lady on the left sporting a rather nautical-looking hat similar to the man in the middle. I wonder what that was about? If you look closely behind the glamorous lady holding a glass of wine, there is someone loitering at the door with a shopping bag. It's not Santa, then.
Grub's up! We're waiting on the dessert course and Elsie is showing great interest in something on the table. Where on earth did she get those black lacy gloves? There's a poster pinned to the curtains – maybe it was advertising the entertainment for the evening?
Douglas looks rather proprietorial with his hands clasped in front of him. Some of the boys at the back look very young. Maybe it was a "works do"? Douglas started off as a mechanic and ending up running a motor dealership in Dunfermline, so maybe the youngsters were apprentice mechanics.
A more recent shot – I reckon from the 1980's. Elsie is in red with Douglas's brother, Norman, on her right. The brothers were spread out over the UK, but met up regularly. It must have been cold outside – look at the condensation on the windows. Do you think Douglas is trying to stick his fingers in his ears as the piper goes past? 🙂
Go out with the other Sepia Saturday contributors and have fun!
Before we pack up and get in the taxi, Jen at Climbing My Family Tree says that Google Friend Connect no longer works with WordPress blogs, so if you follow me using Friend Connect, you'll need to add me again using another method.

subset: commoncrawl


text:
Summary of China
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text:
The Great Ash Wednesday Storm of March 1962
Fueled by the convergence of three low pressure areas and a tide-boosting alignment of the sun and moon, the Ash Wednesday storm of March 6-8, 1962 battered Hampton Roads with three days of high winds and five tidal surges measuring as much as 8.6 feet above mean low water. The flood tides inundated Buckroe, Grandview and Foxhill in Hampton as well as York, Poquoson and the Middle Peninsula for several days before finally receding, leaving millions of dollars in damage along the region's waterfront. Click here to find more Hampton Roads History photo galleries. -- Mark St. John Erickson
Daily Press file photo
Copyright © 2020, Daily Press


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Difference between revisions of "Kepler Project"
(→Project-Model Reading List)
(→Kepler and Equinox provisioning)
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[[org.eclipse.equinox.common in Kepler]] - [[org.eclipse.equinox.common in P2]]
[[org.eclipse.equinox.common in Kepler]] - [[org.eclipse.equinox.common in P2]]
== Presentations ==
== Presentations ==
Revision as of 14:56, 16 October 2007
- 1 Kepler Proposal Documents
- 2 Meetings
- 3 Project Plan
- 4 Architecture Overview
- 5 Collaboration Model
- 6 Presentations
- 7 Upcoming Events
- 8 Bug Reports/Enhancement Requests with Requirements Info
- 9 Project-Model Reading List
Kepler Proposal Documents
Project Plan
Architecture Overview
The following links are to documentation on the overall architecture for the Kepler project.
Proposed Kepler Architecture
Collaboration Model
What follows is the beginnings of a discussion about what sorts of data elements different tools look for in their project model. The goal here is to identify and exploit overlaps between Kepler and other Eclipse projects, in order to have a common API and set of providers to adapt external project information into the system. (By external project information I mean project data that doesn't originate within the specific Eclipse project in question, and is not therefore in a "native" format.)
If you have more information on this topic, please feel free to expand on what's already here. We're attempting to find a way to make a unified, extensible project model for general consumption...so we're going to need a lot of input.
Proposed Kepler Collaboration Model Structure
I use Eclipse to develop, how does Kepler benefit me?
Think how many plugins you have to configure for each project, if you use a source control manager like SVN or CVS, if you want to use an issue tracking system, or build with external tools like Ant or Maven, and even worse if you have different configurations as the JDK version.
What can we do to alleviate this pain? By autoconfiguring several Eclipse plugins so you don't have to.
- Mylyn with the issue tracking system information
- JDT with build information like JDK version, source folders, dependencies,...
- Buckminster with dependency information
- Maven for build integration
My developers use Eclipse, why should I talk to them about Kepler?
Imagine they use a project, open source or from another department and they hit a problem. They could instantaneously know what is the mailing list for the project, or who are the developers and their contact information.
How many times did you wanted to track information about a project and ended with an Excel spreadsheet or a text document? Formalize that into a Kepler facet and you'll be able to use that information in a structured way, index it, search,... be organized
Kepler and Equinox provisioning
A Kepler model can be generated from Eclipse plugins. Equinox provisioning (p2) can also generate metadata for provisioning from Eclipse plugins.
These two examples will show how both look like:
org.eclipse.jdt.junit in Kepler - org.eclipse.jdt.junit in P2
org.eclipse.equinox.common in Kepler - org.eclipse.equinox.common in P2
The following are presentations that have been prepared for the Kepler project.
DevZuz presentation on proposed collaboration model - File:KeplerProposals.pdf
Upcoming Events
This will contain a list of events where Kepler project members will be talking about the project.
- Sep 25-26 Equinox Summit 2007, Ottawa, Canada. Integration with Equinox provisioning (p2)
- Oct 10-11 Eclipse Summit Europe 2007, Ludwisburg, Germany
- Nov 26-30 OSSummit, Hong Kong, China
Bug Reports/Enhancement Requests with Requirements Info
PDE-generate a ready to use headless pde build
Project-Model Reading List
Below is a list of some other project models being used in the world. Though not exhaustive, these may lend some insight into good practices for modeling a software project.
- Apache Maven's Project Object Model (POM)
- Apache Maven's XML Schema. Note: Scott Lewis has created an EMF-based model from this schema.
- Installable Units Equinox p2 installable units
- Buckminster Component Specification
- Description of a Project (DOAP) (See also: http://en.wikipedia.org/wiki/DOAP)
- Gump Object Model
- Q4E Maven for Eclipse


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They are experienced with Bosh and europeen car.
I live near Ottawa but haven't went anywhere because I done most of my maintenance myself.
There may be also John Becks in Embrun, who works on volvo. He is a good guy too.
Good luck with your new baby


text:
Clemson may or may not be a national title contender, but they battled back to take one more step toward a potential ACC championship run Thursday night. After a sluggish start, Clemson pulled away for a road win at North Carolina State, 26-14. Tajh Boyd had a three-touchdown night while passing for 244 yards, Martavis Bryant had two touchdowns and Sammy Watkins had 96 receiving yards for the Tigers.
North Carolina State appeared to have taken the lead when Bryan Underwood took a handoff from his own 17-yard line and swept up the right sideline all the way for a touchdown. Despite video replay showing it appeared Underwood kept his feet in on his dash up the right side of the field, officials blew the play dead after 36 yards thinking he stepped out of bounds. The play was not reviewed in the booth and North Carolina State did not challenge the ruling. This is the play in question.
To pour some salt on the wound, three plays later quarterback Pete Thomas was sacked by Clemson's Vic Beasley, jarring the ball loose and recovered by the Tigers. Five plays later Boyd connected with Martavis Bryant for a 30-yard touchdown pass and a 20-7 lead. This all developed in a span of just over two minutes of game time, and it may have turned the entire game around.
Clemson would go on to score another touchdown early in the fourth quarter and never looked back.
Of course we will never know what would have happened if North Carolina State had taken a 14-13 lead. Maybe Clemson comes back down field to take the lead anyway. But maybe they don't and North Carolina State holds on.
We can spend plenty of time looking back and asking "What if?" but instead let's turn the page and discuss what is next. The big question may be if you believe Clemson is a BCS contender based on what we witnessed Thursday night. The Tigers probably didn't convince many people of that idea, although there is something to be said for the way this team responded after getting a good battle from North Carolina State. We will be quick to look ahead to October 19 when Clemson hosts Florida State. That game could loom large for the ACC picture. If Clemson can reach their next bye week without a loss, which appears likely if they beat Florida State, then the games at home against Georgia Tech and at South Carolina could be very interesting. This assuming Clemson does not fall victim to an upset along the way, which sometimes feels more a matter of "when" and not "if."
As for North Carolina State, the defense managed to come up with some good stops early on but ended up getting beat on some deep passes in the second half. For the most part, the Wolfpack played Clemson pretty evenly. Penalties became a factor for the home team and the lone turnover of the game, as mentioned above, came at a real unfortunate time. North Carolina State probably doesn't have the talent to compete for an ACC title, but this could be a team nobody in the ACC will want to play this fall. A bowl game is absolutely within view for the Wolfpack this year.


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Federal Reserve Chairman Ben Bernanke offered a robust defense of the effectiveness of the central bank's easy-money policies in his speech today (Aug. 31) at the Fed conference, and left little doubt that he is looking toward doing more to give the economy a lift at the Fed's next policy meeting in September.
As reported by the Wall Street Journal, Bernanke also flagged deep worries about the pace of the economic recovery, calling it "far from satisfactory" and cited concerns about the jobs market's weak growth in his speech at the Federal Reserve Bank of Kansas City's annual economic symposium in Jackson Hole, Wyo.
Some market participants have been wondering if a run of moderately better economic data of late has changed the Fed's thinking about the economy. Bernanke left little doubt that he is still deeply dissatisfied with the outlook
He dwelled on stagnation in the labor market, describing high unemployment as a "grave concern not only because of the enormous suffering and waste of human talent it entails, but also because persistently high levels of unemployment will wreak structural damage on our economy that could last for years." Moreover, he said, "it is important to achieve further progress, particularly in the labor market."
Importantly, the Fed chairman also said the job market's weakness, to date at least, is the result of cyclical problems in the economy—that is, a lack of demand—and not structural ones, such as a mismatch between the skills people have and the skills employers are looking for.
The Fed feels it can help on cyclical problems, but not structural ones. In other words, this is a situation where the Fed feels it can do something. Bernanke also included his "no panacea" caveat: He would love fiscal policy makers to take actions to support the economy and address long-run deficits. But he doesn't seem to see that as justification for inaction on his front.
The focus on labor-market stagnation is critical. The Fed has a dual mandate imposed by Congress to achieve price stability and maximum sustainable employment. Bernanke played down inflation risks, saying inflation has remained near 2 percent, "despite repeated warnings that excessive policy accommodation would ignite inflation."
With inflation stable and unemployment unsatisfactorily high, Bernanke in effect laid out his legal argument for pressing harder on the monetary gas pedal.


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JERUSALEM — A five-day extension of a Gaza truce appeared to be holding despite a rocky start on Thursday, fanning cautious optimism of progress in the negotiations under way in Cairo between Israel and major Palestinian factions, including Hamas.
It's the longest ceasefire yet since the war broke out last month in the Gaza Strip. The fighting so far has killed more than 1,900 Palestinians, the majority of them civilians, according to Palestinian and U.N. officials. Israel has lost 67 people, all but three of them soldiers.
Violence briefly spiked as the extension of a previous, 72-hour truce was announced shortly before midnight on Wednesday. The extension is to last until midnight on Monday.
Israel's military said eight Hamas rockets were launched at Israel but that the firing stopped in the early hours of Thursday. Israel retaliated with airstrikes on rockets and rocket-launching sites in Gaza, the military said.
Gaza police said they recorded 17 Israeli strikes but that no casualties were reported.
Palestinian negotiators in Cairo expressed optimism that a deal to create a sustainable roadmap for the war-torn territory could soon be achieved.
Hamas is seeking an end to a crippling blockade imposed by Israel and Egypt in 2007. The blockade has greatly limited the movement of Palestinians into and out of the territory of 1.8 million people. It has also restricted the flow of goods into Gaza and blocked virtually all exports.
Israel says the closure is necessary to prevent arms smuggling, and officials are reluctant to make any concessions that would allow Hamas to declare victory.
Israel wants Hamas to disarm, or at least be prevented from re-arming. Hamas has recovered from previous rounds of violence with Israel, including a major three-week ground operation in January 2009 and another weeklong air offensive in 2012. It now controls an arsenal of several thousand rockets, some with long ranges and relatively heavy payloads.
In Cairo, Hamas official Izzat al-Rishiq said agreement on some points in a long-term deal had already been reached, but that additional time was needed to hammer out a comprehensive agreement.
"We are holding on to our demands to open the seaport and the airport in Gaza so we can end the blockade once and for all," he said, referring to what has been a key Hamas demand in the talks for two links with the outside world.
Rishiq said Hamas negotiators were leaving Cairo on Thursday for consultations in the Qatari capital of Doha, the first time they have been permitted to fly directly from that airport since a military-backed government took over in Egypt last year, replacing an Islamist president whose Muslim Brotherhood group was closely allied with Hamas.
That could be a sign that Egypt's new anti-Hamas leadership is satisfied with the degree of flexibility that Hamas and other Palestinian negotiators are demonstrating in the current talks with Israel.
Egypt has positioned itself as the key mediator in the talks, but its tough anti-Hamas policies could limit its effectiveness. The tiny Gulf Arab nation of Qatar is seen as a conduit for Hamas demands. It hosts several senior Hamas leaders and has staunchly opposed the Egypt-Israel blockade of the Palestinian coastal strip.
Israeli government spokesman Mark Regev would not comment on the progress of the Cairo talks.


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STCL to UH
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STCL to UH
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STCL to UH
July 14, 2012, 10:52:06 PM »
I just finished my 1L year at South Texas College of Law and applied to the University of Houston. I am in the top 15% and got the top grade (CALI Award) in one of my classes. Also wrote on to the law review and should hear back on Monday. I got accepted to UH yesterday and wanted to get some thoughts on the move and whether it is a good idea. Law review will be a big factor for me if I make it since I wont be able to write on at UH. Any advice/things to think about would be much appreciated. I'll hang up and listen.
Re: STCL to UH
Reply #1 on:
July 15, 2012, 12:34:56 PM »
Before I offer any advice realize I am anonymous internet poster as is anyone else posting on this board or others. Therefore everything you read should be taken with a grain of salt. I know nothing about you, your situation, or what is best for you.
With that said I have gone through law school and as a mock trial coach my team participated in the Law School competition at STCL this spring, and I was impressed with it. I am not from Houston and have never been there until that competition, but I thought STCL did a great job.
With that intro here are things ALL TRANSFER STUDENTS should consider. Location, Personal Feeling about the school, going from star to anonymous, what rankings "really mean", cost, and the reality of legal education.
Is not much of a factor going from Houston to Houston won't be to dramatic a change. Many individuals in your position will transfer across the country without thinking of the implications of adjusting to a new city, new apartment, new life etc. Since they are both Houston and I am speculating the distance is not to far you can probably keep your current apartment, maintain friends etc. So that is not much an issue.
I have visited quite a few schools when I was a OL considering, when I was doing mock trials competitions, and in my role as a mock trial coach now. From my week dealing with everyone at STCL I was honestly impressed. However, my opinions are probably different than yours and what I liked you may have hated and vice versa. If you really did not enjoy your experience as a 1L then maybe Houston will be better. However, if you really did enjoy it you will not see your professors, first year classmates, and so forth.
Whether you enjoyed the school or not is your own personal opinion, but it is something to consider. When I was a 1L I could have transferred, but I really liked my school. Others transferred and most were not happy with the change, but others were it is a highly personal decision, but you obviously did well first year and I imagine made some friends and you still have two more years of law school make sure your at a place you enjoy.
Congrats on being in the top 15% first of all I imagine on the first day 100% of people were convinced they would be there, but you made it so good job.
Now to the advice portion this is one thing some of my friends that transferred did not enjoy. They went from being top of the class with good professor relationships, friends, etc to being an anonymous person that doesn't know anyone. After first semester grades came out they had a reputation for being "smart" and then they had confidence. Going to the new school and being back to anonymous hurt some people others did well. Consider your confidence and comfort levels you will have to start over. Some people are good at doing that others are not and whether you can handle that transition is a question only YOU can answer.
Rank Improvement. This a collateral consequence that was great for me I was in the top 15% exactly like you when I finished 1L and then the top 5 or I guess 7% must have transferred up and when second year grades came out I was in the top 8%. I did well second year, but I am only speculating that the top 5 or so percent transferred out helped me move up and put me in the top 10%. The top 10% at any school looks pretty good so that is just something to consider. I didn't even really think about it until second year grades came and that is the only reason I could think of why my rank shot up so much, but I could wrong.
This is always something to consider and if you don't have a scholarship NEGOTIATE for one. I would recommend getting the transfer paperwork in process and tell the school your planning on transferring unless you get some money. You don't even have to intend to do it, but if you take those steps the school will probably throw some money your way. If they don't then that is a factor in favor of Houston. I got an extra 15,000 in scholarship money by doing that and always remember law schools are businesses first and foremost don't be afraid to negotiate with them.
I also don't know much the cost differences between Houston and STCL are, but you could easily find out. If Houston is 40k and STCL is 20k I don't know if it would worth an additional 40k accruing interest to transfer, but it might be. Or the costs might be the same it is pretty easy to look into on LSAC.
I imagine this is the main reason for your proposed transfer. Remember that U.S. is nothing more than a for-profit, unregulated magazine, offering an opinion. They rank more than law schools they claimed New Mexico was the best place to live
. I will admit I am slightly more interested in New Mexico, but I am not going to make a life altering choice by moving across the country to live there because U.S. News magazine said it was "THE BEST." I see so many OL's, 1L's, and so forth make life altering choices based on this magazine and you really shouldn't. It has some impact, but it is nothing more than a magazine at least in my anonymous internet poster opinion.
From my experience p the only people that really care about rankings are OL's, law students, and the people like me who spend way to much time anonymously typing on the internet. There might be a law firm out there somewhere that cares about the difference between Houston and STCL, but most firms are probably more focused on solving their client's problems opposed to what U.S. News ranked x school.
I will admit I am not familiar with the Houston legal market so maybe it matters out there and that goes to my main point I know nothing about you, your situation, what's best for you, or even about the Houston legal market. I can only speak on my law school experience and what I realized after so I could be 100% wrong.
I am certain the education at Houston is not much better or worse than STCL. I am speculating your first year consisted of Torts, Criminal Law/Procedure, Property, Contracts, Civil Procedure, Legal Writing(app-add) whatever your school calls it, but a writing course. I imagine you read Palsgraff in Torts, Pennoyer in Civil Procedure, the Hairy Hand case in contracts and so did everyone else across the country at every ABA school.
The same will likely be true moving forward and you will take Evidence, Con Law, Corporations, Wills & Trusts, and other courses where you will learn the same thing whether you attend STCL or UH. Then you will take Barbri no matter what school you attend and stress out for months praying that you pass.
I was thinking about it the other day and the only real differences in legal education would be trial ad,negotiations, writing, and maybe research courses. Those are things you CAN teach differently there different negotiation strategies, trial tactics and so forth. STCL is extremely good at trial advocacy they almost always win at any competition I have been to or make it pretty far. If trial advocacy is what your after for that particular aspect of the law I would say STCL beats Houston.
My post may seem slanted in favor of not transferring, but as I mentioned take everything I say with a grain of salt. I know nothing about you, your situation, whats best for you, or even the Houston legal market. From what I have seen most people aren't happy with their transfers, but that usually has something to do with moving cross-country, which you won't be doing.
It is a difficult decision and you really need to look deep down and think what is best for "YOU" you are only 1/3 of the way through your legal education and you have 2/3's to go then the wonderful experience of the bar. Make sure you are in a place you will be comfortable with and suits you best. Don't let me, U.S. News, or any other anonymous internet poster make your decision. This is going to be 2 more years of YOUR life, 40-80k more of YOUR money, and YOUR legal career. Nobody knows what is better for you than you.
I would recommend getting the paperwork started to negotiate for scholarship money you might lose $60 bucks on a transfer app, but you could end up saving 10 or 15k in tuition which would be great.
Good luck to whatever you decide.
Re: STCL to UH
Reply #2 on:
July 15, 2012, 01:51:43 PM »
Great perspective. Thanks a lot I never considered the change in GPA rank based on some of the top students transferring. I really appreciate you putting that response together.
Re: STCL to UH
Reply #3 on:
July 15, 2012, 03:47:31 PM »
Happy to provide it. Unfortunately law students take the wrong things to seriously i.e. U.S. News, anonymous internet posters (myself included) and people do not take their own unique circumstances into consideration. There is no secret to the law and common sense will usually prevail. I had a hard time learning that lesson myself in as a OL and in law school and most law students fall into the same trap.
So really take time to figure out what is best for you. I would even recommend meeting with professors at Houston that you would have and see if you like them or not. A professor might be "amazing" according to Bob, Jim, and Sally, but it doesn't mean you will like them.
Remember what law school is right for each individual is a highly personal question and nobody can possibly know better than you what is best for you. Your family and close friends may have some insight, but neither me, U.S news, or any other anonymous internet poster should have a substantial impact on your highly personal decision.
I only post on this to make people think of the realistic ramifications of moving, cost, and so forth. I can say that in the law school bubble many highly intelligent people lose their common sense myself included. Again good luck and congratulations on your strong first year performance.
Final disclaimer for all you know I could be strung out heroin and be 100% wrong about everything as could other anonymous internet poster. When reading things online always remember Michael Scott.
(pretty funny, but it drives the point home that anonymous internet posters myself included should be taken with a grain of salt.
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STCL to UH


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Escape Psycho Circus tickets can be purchased here for any seating type for the concert including general admission and reserved seating when available. Join your friends for a show you won't soon forget and we make it easy to order online at PreferredSeat.com
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Meet the Explorers
Ernest Henry Wilson
"Chinese" Wilson–Plant Hunter, Plant Scientist, Photographer
Ernest Henry Wilson (1876-1930) was the furthest traveled of all the Arnold Arboretum's plant explorers of the early twentieth century. It is not an overstatement to credit Wilson with bringing Eastern Asian botany, history, and culture to widespread interest in the West, nor to exaggerate the introduction of thousands of non-native plant species to their gardens. Wilson's journeys took him all over the world—from 1899 to 1930, he visited dozens of countries, collected thousands of plant specimens (cuttings and seeds), and took thousands of incredible photographs documenting trees and forests, landscapes, and ethnography which testify to his legacy.
Wilson was born at Chipping Campden, Gloucestershire, England, on February 15, 1876, the eldest of seven children. He apprenticed at the nurseries of Messrs. Hewitt of Solihull, Warwickshire and in 1892, gained employment at the Birmingham Botanical Gardens as a gardener. He studied botany at the Birmingham Technical School in the evenings, and joined the staff the Royal Botanical Garden at Kew in 1897.
Even at a young age, E. H. Wilson showed immense promise. When the Veitch nursery firm asked the director of Kew to recommend a botanical collector to be sent to China, he recommended Wilson. After training at Veitch's Coombe Wood Nursery, he left in 1899 to begin a successful career collecting Asiatic plants, returning to England in 1902. His second trip to China for Veitch lasted from 1903-1906. Wilson's third and fourth China expeditions were sponsored by Charles S. Sargent, the director of the Arnold Arboretum. For three years beginning in 1907, Wilson explored western Hubei and western Sichuan, returning to Boston in 1909. Wilson's second Arboretum expedition, which began in 1910, was to collect cones and conifer seeds in the central and southwestern parts of China. In September of that year, while traveling in west Sichuan, a landslide hit the expedition group, crushing Wilson's leg. After several months of recuperation, he returned to Boston in March 1911, much earlier than planned.
In 1914, Wilson explored Japan, focusing his attention on conifers, azaleas, and Japanese cherries. Beginning in 1917, he undertook a systematic exploration of Korea, Japan, and Formosa (Taiwan), returning to Boston in 1919 with seeds, living plants, 30,000 herbarium specimens, and 700 photographs. His last expedition, a tour of the gardens of the world, took place from 1920 to 1922.
Wilson was a popular lecturer on the topics of his travels and horticulture. After Sargent's death in 1927, he became "Keeper" of the Arnold Arboretum. Three years later his career was cut short when he and his wife were killed in an automobile accident. They are buried in the Mont-Royal Cemetery in Montreal, Canada.
The works of E. H. Wilson [HOLLIS].
Ernest Henry Wilson (1876-1930) papers, 1896-1952 [pdf].
Clausen, Kristen; Hu, Shiu-ying. "Mapping the Collecting Localities of E. H. Wilson in China." Arnoldia, 40:3 (1980) [pdf].
Ferguson, A.R. "E. H. Wilson, Yichang, and the Kiwifruit." Arnoldia, 43:4 (1983) [pdf].
Flanagan, Mark. Wilson's China : a century on. Kew, 2009 [HOLLIS].
Furui, Tomoko. Wilson's Yakushima: Memories of the Past. Kētīshīchūōshuppan, 2013 [HOLLIS].
Gardner, William. "E. H. Wilson's First Trip to China." Arnoldia, 32:3 (1972) [pdf].
Glasser, Larissa. "Ernest Henry Wilson, Yakushima, and the Wilson stump." Library Leaves, February 5, 2014.
Harvard University Library Open Collections Program. "Expeditions & Discoveries: Sponsored Exploration and Scientific Discovery in the Modern Age. Ernest H. Wilson Expeditions to China, Japan, Korea, Formosa, and Islands in the Japanese Sea 1899–1919."
In addition to bringing the botany of Eastern Asia to Western audiences, Wilson set a high standard in the study of plant science. Wilson introduced over 100 plants of Eastern Asian origin to the west, and 60 species and varieties of Chinese plants bear his name. Charles Sprague Sargent edited a partial list of his introductions in Plantae Wilsonianae.
In recognition of this service, Wilson received the the Veitch Memorial Medal (1906) and the Victoria Medal of Honour (1912) of the Royal Horticultural Society of London. He also received the George Robert White Memorial Medal of the Massachusetts Horticultural Society, and an honorary M.A. degree from Harvard University.
Dosmann, Michael. "A Continuing Legacy: Hybrid Marvels of Wilson Plant Introductions." Silva, The newsmagazine of the Arnold Arboretum. Fall/Winter 2007-2008 [pdf].
Howard, Richard A. "E. H. Wilson as a Botanist (Part I)." Arnoldia, 40:3 (1980) [pdf].
Howard, Richard A. "E. H. Wilson as a Botanist (Part II)." Arnoldia, 40:4 (1980) [pdf].
Numerous publications and natural historians have acknowledged Wilson's achievements in photography. The Archive of the Arnold Arboretum is fortunate to curate thousands of his original glass plate negatives, along with many original artifacts and documents of his expeditions. On the eve of Wilson's first expedition to China for the Arnold Arboretum, director Charles Sargent emphatically stated:
I write again to remind you of the very great importance of the photograph business in your new journey. A good set of photographs are really about as important as anything you can bring back with you. I hope therefore you will not fail to provide yourself with the very best possible instrument you can, irrespective of cost, and it ought to be large enough to take pictures 8 1/2 x 6 1/2, and you ought to get a stout leather case in which to have it carried. It would be well too, to take along a small instrument in case of accident. The large instrument only means another porter, and that is not a very important item. Bring, too, enough plates and films with you as there will certainly be a large amount of material to photograph.
–Charles Sprague Sargent, letter November 6, 1906.
The instrument chosen was a Sanderson whole-plate field camera capable of recording both great detail and broad perspectives without distortion. Although not formally trained as a photographer, Wilson proved a natural talent. Indeed many of the landscapes, buildings, plants and people he photographed offer stunning views of early twentieth-century China. Wilson continued to photograph throughout Asia, and during the 1920's captured over 500 views of notable New England trees.
The Library and Archive of the Arnold Arboretum is an excellent resource for the study of Wilson's travels and photography.
For example, the recently published book by Yin Kaipu, Tracing one hundred years of change, places Wilson's photographs side-by-side with Kaipu's more recent photographs of the same locations and vantage points in China. In many cases, Kaipu even managed to interview the descendents of persons originally photographed by Wilson.
Search the VIA image database for Wilson's photography.
Wilson's photographs of 100 magnificent trees.
Chvany, Peter J. "E. H. Wilson, Photographer." Arnoldia 36:5 (1976) [pdf].
Mollendorf, Miranda. "Trees and their Biographies: Parts One, Two, and Three." Library Leaves, August 14, 2013, September 4, 2013, and September 16, 2013.
Pearson, Lisa. "Ernest Wilson's New England Trees." Library Leaves, July 10, 2013.
Yin, Kaipu. Tracing one hundred years of change: Illustrating the environmental changes in Western China. Encyclopedia of China Publishing House, 2010 [HOLLIS].


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Petri Purho
Purho offers Crayon Physics as "pay what you want"
Excellent developer Petri Purho has put out Crayon Physics Deluxe on a "pay what you want" basis.
Petri Purho headlines
GDC: Crayon Physics Deluxe wins IGF award
Here. Kloonigames' Petri Purho accepted a $20,000 grand prize for Crayon Physics Deluxe at the Independent Games Festival Awards at GDC yesterday. The game allows players to draw objects then drop them into physics puzzles. It's actually pretty good, so well done Petri.The rest of the winners are listed below.Seumas McNally Grand Prize Crayon Physics […]


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If good news travels fast, then the Red Sox were doing their best Usain Bolt impression Friday night.
If good news travels fast, then the Red Sox were doing their best Usain Bolt impression Friday night.
It started with the news that Josh Beckett was just peachy keen, continued with the late insertion of Jacoby Ellsbury into the lineup, proceeded with an eight-inning two-hitter from Daisuke Matsuzaka and, later, the news that star minor leaguer Michael Bowden would be making his major league debut Saturday night.
Most importantly, the day ended with a 8-0 rout of the visiting Chicago White Sox, thanks to a 15-2 edge in hits.
Dustin Pedroia went 4-for-4 with a walk, scoring three runs, giving him 104, most ever by a Sox second baseman. Jason Bay stroked a three-run sixth-inning double, Kevin Youkilis had four RBI and, quick as that, the ERA of Good Feelings had proceeded without a hitch.
Yes, it was a big night, coming on the heels of the 6-3 road trip, the team's best nine-gamer in five years, actually, and the news that Beckett's elbow was fine turned out to be the first layer of a multi-layered feel-good party cake.
Beckett returned from a visit with orthopedic surgeon James Andrews late in the afternoon, reporting that he'd received a clean bill of health and that he would be ready to return to action next week.
"We put it off because everybody is scared at some point, both me and the organization," Beckett said of his eventual trip for a second opinion. "I just wanted to, and not that I think Dr. Andrews is a clown, because there's no one that I respect more, but I just wanted to hear it from the clown's mouth, as the saying goes."
So now everybody's happy, and Sox manager Terry Francona, who could barely hide his elation, announced that Beckett was slated to start next Friday in Texas.
First, though, Beckett was placed on the DL, but just so the Sox could get a third catcher, newcomer David Ross, onto the roster. It was one in a series of moves the Sox made before the game, including placing Sean Casey on the DL with a strained neck. For what it's worth, J.D. Drew was reporting that his back felt as strong as an ox's -- not that he played. The bigger news might have been Bowden's promotion.
If Francona was thrilled with the good news before the game, though, he had to be dancing in the dugout runway, grooving to the Matsuzaka performance.
Matsuzaka struck out seven and walked two, throwing 104 pitches. It turned out to be a showcase game for Matsuzaka, who surpassed last season's total of 15 and tied him with Hideo Nomo as the winningest-ever Japanese pitcher in the States. Matsuzaka's 16-2 record even ties him in eighth place with Freddie Fitzsimmons of the Brooklyn Dodgers in 1940 for the highest winning percentage in major league history, with 15 wins or more.
It had to be comforting to Matsuzaka that his offense was able to get to Javier Vazquez, who wasn't exactly chopped liver.
Vazquez did allow a leadoff single to Ellsbury, who was pressed into emergency service when Coco Crisp became ill, and the Chicago right-hander loaded the bases with singles to Pedroia and David Ortiz. When Kevin Youkilis grounded to third baseman Joe Crede, Crede didn't even look home for an easy force out. He threw to second and Ellsbury scored easily. The Sox were off and running -- slowly at first.
It turned out to be an eventful inning for Ellsbury, who on the first pitch of the game tracked down Orlando Cabrera's smash to the right-center gap. Ellsbury sprinted to his left and toward the bullpen, diving to make the grab.
The Sox had their problems with Vazquez early. In the second, right fielder Jermaine Dye robbed Jed Lowrie of a Pesky Pole homer. In the third, Vazquez allowed a leadoff double to Pedroia, who was stranded when Ortiz, Youkilis and Bay each went down swinging.
But the Sox did touch up the starter for two more in the fifth, when Pedroia singled, Ortiz doubled him in, Youkilis singled and Mark Kotsay, in his Fenway debut with the club, doubled in Ortiz.
The Sox broke it open in the sixth, loading the bases, chasing Vazquez, getting a run when reliever D.J. Carrasco hit Youkilis on the right elbow and then getting a three-run double from Bay.
Of the four runs the Sox scored, none were earned, since catcher A.J. Pierzynski dropped an Alex Cora foul ball for an error at the top of the inning. Cora then doubled. The Sox added one more in the eighth.
It was a nice win for the Sox, because the White Sox have been every bit as tough as they, coming in with the game-and-a-half lead in the A.L. Central that they'd held for four months, having gone 16-9 in August, to 16-8 for the Sox.
The teams had split four games earlier in Chicago, but the Red Sox were 43-18 at home (despite two straight losses to Toronto), including 9-1 against the A.L. Central in Fenway.
The Patriot Ledger


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Honor the Heroes of the Game, Preserve Its History, Promote Its Values & Celebrate Excellence Everywhere
Defensive Back
"It was like putting together a good pie. If you get the finest ingredients and do a skillful job of blending them together, you get a superior product. Well, our backfield was like that."
(Colorado St.)...6'1'', 205...John Leroy Christiansen. . .Left safety stalwart on three title teams. . . All-NFL six straight years, 1952-1957. . .Played in five Pro Bowls. . . Formidable defender, return specialist. . . Foes' standard rule: "Don't pass in his area, don't punt to him". . .NFL interception leader, 1953, co-leader in 1957. . . Career marks: 46 steals for 717 yards, three TDs. . .85 punt returns for 1,084 yards, eight TDs. . .Born December 20, 1928, in Sublette, Kansas. . .Died June 29, 1986, at age of 57.
Because he felt he was too small, Jack Christiansen didn't even plan to play college football. He first thought that he would concentrate as a sprinter on the track team at Colorado State. But he was coaxed out for football as a sophomore and he starred in the very first game he ever played. From then on for the next three years, Christiansen was a star as a return man, on defense, and as a ball carrier.
Still his size – 6-1 and 162 pounds at the time – may have left some doubts in the minds of some pro scouts whether he could make it in professional football. But the Lions did draft him in 1951 and, right from the start, he enjoyed spectacular success. In one crucial contest against the Los Angeles Rams as a rookie, Christiansen scored twice on punt returns of 69 and 47 yards. He also scored on two punt returns (71 and 89 yards) against the Green Bay Packers that season. So effective as a punt returner, teams were forced to change their defensive strategy.
Soon all the teams were using the spread punt formation to try to contain the elusive Christiansen. As great as he was on the return teams, Jack's forte was defense and he was the key man for the defensively-strong Lions, who in the 1950s dominated the National Football League with four divisional and three world championships.
The defensive backfield of the Lions became known as "Chris' Crew," in recognition of Christiansen's leadership and outstanding play. On the field, he was the defensive boss and ran the show. He led the league in interceptions in 1953 and tied for the league lead in 1957. Just like teams did on punt formations, opposing teams altered their passing patterns against Detroit. Many clubs had a standard rule when playing Detroit — don't throw in Christiansen's area, and don't punt to him. Christiansen played eight seasons with the Lions from 1951-58 and was named All-Pro six consecutive years (1952-1957) and played in five consecutive Pro Bowls (1954-1958).
Punt Returns
Full Name: John Leroy Christiansen
Birthdate: December 20, 1928
Birthplace: Sublette, Kansas
Died: June 29, 1986
High School: Odd Fellows Orphanage
Elected to Pro Football Hall of Fame: January 12, 1970
Enshrined into Pro Football Hall of Fame: August 8, 1970
Presenter: Buddy Parker, Former Lions Coach
Other Members of Class of 1970: Tom Fears, Hugh McElhenny, Pete Pihos
Pro Career: 8 seasons, 89 games
Drafted: 6th round (69th overall) by Detroit Lions
Uniform Number: 24, (19)


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The Buddenbrooks House, which provides the setting for Thomas Mann's famous novel about the decline of the Buddenbrooks family, now contains a museum that has served as a tribute to the Mann family's literary legacy since 1993.
Based in Lübeck's old town, the permanent exhibition of letters, commentaries and first editions gives an insight into the life and work of writers Thomas and Heinrich Mann. Also on display are photos and other contemporary documents, including Thomas Mann's certificate for winning the Nobel Prize for Literature in 1929. Regular special exhibitions focus on the various members of the Mann family as well as other 20th-century writers.
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CEO: Dave Fowler
Chartio believes it has hit on a better way of delivering real-time business analytics.
Chartio's interface accesses customers' internal databases to create real-time visualizations, bypassing the need for data warehousing and avoiding its security pitfalls. The interface enables easy creation of charts to access multiple data streams.
Chartio was founded in 2010 by Fowler and Dave Beyer and is backed with $3.8 million in funding from venture capital firms Avalon Ventures and Bullpen Capital.


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Follow RFF News on your cell phone. Text follow rff to 40404 you will receive txt messages with RFF News
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Bye-bye, Tyson! I didn't like the way you treated Sierra! I hope the door hits you on your way out! Belle Book
Now that was just too KEWL!!!!!!!
I liked Tyson He was my favorite this season.
Quote from: Michael on April 27, 2009, 09:57:53 PMI liked Tyson He was my favorite this season. JINX!!!!!!!
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Vastu is an olden Vedic Art of positioning & placement of various areas, places & things etc. In such a way that it produces the best energy vibrations. Sometimes there may be any negative energy like Hartmann line, faults, Sheuman lines etc. Under the land. This kind of energy is called the negative vibrations & it is very difficult for an ordinary Vastu Consultant without the help of Vastu instruments. In scientific Vastu the Vastu expert or Vastu Guru should be highly qualified, professionally qualified Vastu consultant only can detect all types of positive and negative energies. Dr. Kunal Kaushik is the highly qualified Vastu consultant who can use various tools & sensors to detect the positive vibrations & negative vibrations. Today every second Vastu consultant has started to talk about the positive & negative Energies, but he does not know how to check it & how to define it. Dr. Kunal Kaushik has been using such most advanced Vastu tools, Vastu instruments & Vastu energy sensors which are also known as the Vastu energy Sensors or Instrumental Vastu. He is really expert Vastu consultant who is also known as expert Vastu Shastra consultant with high degrees and largest Vastu experience. That is why he is known as the best Vastu consultant. He has ability to use each Vastu Scanner and detect the Positive & negative energy in a very short time. According to his findings, he gives his Vastu consultation which is very effective.
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Dr. Kunal Kaushik is a very well-known name in Vastu Shastra. He is one of the highly qualified Vastu Consultants in Abu Dhabi. There are many Vastu Experts who propagate Superstitious practices but Dr. Kunal Kaushik is anti-Superstition and pro-Scientific Vastu Expert. He is an avid supporter of Vastu without Demolition which simply means putting Vastu practices to work without demolishing any part of the premise Building.


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(Reuters) - FedEx Corp (FDX.N), the No. 2 U.S. package-delivery company, said on Friday it will raise its average rates for ground shipments and home deliveries by 4.9 percent beginning in January.
The increase reflects a 5.9 percent raise in published rates at FedEx Ground and FedEx Home Delivery, offset by a lower fuel surcharge.
The move comes two weeks after larger rival United Parcel Service Inc (UPS.N) disclosed a 4.9 percent hike for its 2013 shipping charges.
Results of both companies in recent months have been pinched by an uncertain global economy, which has both eaten into the overall volume of goods being shipped and caused customers to choose less expensive shipping methods.
FedEx next month is scheduled to report results for its third fiscal quarter, with analysts braced for a 10 percent drop in per share earnings, according to Thomson Reuters I/B/E/S.
Over the past year, FedEx shares are up 15.6 percent and UPS shares are up 7.5 percent. Both lag the 18.5 percent rise of the broad Standard & Poor's 500 index .SPX.
Reporting By Scott Malone; Editing by Leslie Adler


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Dingzhou Li-9news News Reader Web App
At Design Interviews
Interview with Dingzhou Li : Frank Scott: What is the main principle, idea and inspiration behind your design?. Dingzhou Li : I would like to connect geometrical shapes with emotional element. I believe every single shape could represent something which is much more than what it looks like. How to get people's reading preference with a innovative way, that is what I want to prob for this project. .Frank Scott: What has been your main focus in designing this work? Especially what did you want to achieve?. Dingzhou Li : Typography and consistency. For 9News, a easy-to-use web app with excellent readability and high performance is what I especially want to achieve throughout the project. The black square shapes as seen in the logo is a key element for the whole app. .Frank Scott: What are your future plans for this award winning design?. Dingzhou Li : 9News is my degree project for my bachelor degree of computer graphic design at University of Waikato in 2014. As a degree project, I think it meets my expectation well, and express my idea and understanding of design in ingenious way. .Frank Scott: How long did it take you to design this particular concept?. Dingzhou Li : I spent about 3 month on this project. About 1 month on ideation, research and visual design, and the rest time for development and revise. .Frank Scott: Why did you design this particular concept? Was this design commissioned or did you decide to pursuit an inspiration?. Dingzhou Li : 9News is my degree project as I said. When I was a university student, I believe university is the most valuable place for a young designer to explore the digital world. 9News is a conceptual design, and I believe it made it. .Frank Scott: Is your design being produced or used by another company, or do you plan to sell or lease the production rights or do you intent to produce your work yourself?. Dingzhou Li : The design is being developed by myself. However, as a conceptual design, the function for this web app is quite simple and subjective, and I intent to produce it for myself. .Frank Scott: Who is the target customer for his design?. Dingzhou Li : The target audience is young people, especially for 18-26 male, because they are rational, creative and interested in trendy news. They also have more curiosity to novelty apps like 9News. .Frank Scott: How did you come up with the name for this design? What does it mean?. Dingzhou Li : The name of 9News is quite concise and easy to be understood: 1 news for 9 different categories each day. .Frank Scott: Which design tools did you use when you were working on this project?. Dingzhou Li : Adobe creative suits, including Photoshop and Illustrator. For front end development part, I used Sublime Text for the most time. .Frank Scott: What is the most unique aspect of your design?. Dingzhou Li : How to build the connection with shapes and emotion in a visual way, that is what the most unique aspect of my design. .Frank Scott: Who did you collaborate with for this design? Did you work with people with technical / specialized skills?. Dingzhou Li : I really appreciate Tomás García Ferrari, who was my supervisor throughout this degree project. He gave me some great suggestions about choosing font and improving usability. .Frank Scott: What is the role of technology in this particular design?. Dingzhou Li : As a responsive web app, HTML5, CSS3 and jQuery should be the framework of this project. I utilised SVG for the animation part. .
Dingzhou Li-9news News Reader Web App Images:
End of the article, click here to go back to previous page, or alternatively go back to Design Honor Magazine homepage.


text: If you know me personally (which I doubt), or you've happened to read my review of Guitarist– then you'd know what a guitar aficionado I am. You'd also know how few guitar simulator applications there are in the App Store that are even worth mentioning and which truly succeed at what they do best – simulate an authentic guitar. At first glance, iShred, has incredible potential with its flashy loading screen in which the guitar flies out of the rocker's hands and embraces the iDevice screen- entrusting you with its mighty power and awesomeness. By the first strum, you realize that iShred is a virtual guitar like no other – it is in fact the tool for ultimate guitar supremacy on an MP4 player scale.