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[ Footnote * ] Together with No. 77-1644, United States v. Crittenden, dba Crittenden Tractor Co., also on certiorari to the same court.
These cases present the question whether contractual liens arising from certain federal loan programs take precedence over private liens, absent a federal statute that sets priorities. Resolution of this question requires determination of whether federal or state law governs the conflicting claims and, if federal law applies, whether a uniform priority rule should be fashioned or state commercial law should be incorporated as the federal rule of decision. In No. 77-1359, the United States' contractual lien secures a loan guaranteed by the Small Business Administration (SBA) under the Small Business Act, which generally does not specify priority rules to govern SBA security interests. The private lien of respondent Kimbell Foods, Inc. (Kimbell), arose from security agreements that were executed before the federal guarantee and secured advances that Kimbell made after the federal guarantee. Both the federal and private security interests, which covered the same collateral, were perfected pursuant to Texas' Uniform Commercial Code. The District Court found that the Government's lien was superior to Kimbell's. In so ruling, it applied the first-in-time and choateness doctrines, rules originally developed to afford federal statutory tax liens special priority over state and private liens where the governing statute does not specify priorities. The Court of Appeals reversed the District Court's judgment. While agreeing that federal law governed the controversy and that the "first in time, first in right" priority principle controlled the competing claims, the court refused to extend the choateness rule to situations in which the Government was a voluntary lender. Instead, the Court of Appeals fashioned a federal common-law rule whereby the first lien to meet Uniform Commercial Code perfection requirements achieved priority, and held that under this rule Kimbell's lien was superior. Although the Court of Appeals did not adopt Texas law, it did determine that Texas law would also afford priority to Kimbell's security interests. In No. 77-1644, a borrower obtained several loans from the Farmers Home Administration (FHA) under the Consolidated Farmers Home Administration Act of 1961 (now [440 U.S. 715, 716] redesignated the Consolidated Farm and Rural Development Act), which does not establish rules of priority. To secure the loans, the FHA obtained a security interest in the borrower's crops and farm equipment, and perfected its interest by filing a standard financing statement with Georgia officials. Subsequently, respondent repaired the borrower's tractor on numerous occasions. When the borrower failed to pay the repair bills, respondent retained the tractor and acquired a lien therein under Georgia law. After the borrower had filed for bankruptcy and had been discharged from his debts, the United States instituted this action to obtain possession of the tractor. The District Court granted summary judgment for respondent, holding that the FHA had not properly perfected its security interest because the financing statement inadequately described the collateral; and that even if the description were sufficient, both federal and state law accorded priority to respondent's lien. Affirming in part and reversing in part, the Court of Appeals fashioned a federal rule, based on the Model Uniform Commercial Code, to determine the validity of the financing statement. It found the description of the collateral adequate to perfect the FHA's security interest. As to the priority question, the Court of Appeals rejected state law as well as the first-in-time and choateness doctrines. In their place the court devised a special "federal commercial law rule" giving priority to repairman's liens when the repairman continuously possesses the property from the time his lien arises. The court concluded that under this rule respondent's lien for only the final repair bill took precedence over the FHA's security interest. Held:
MARSHALL, J., delivered the opinion for a unanimous Court.
Deputy Solicitor General Barnett argued the cause for the United States in both cases. With him on the briefs were Solicitor General McCree, Assistant Attorney General Babcock, Deputy Solicitor General Easterbrook, Marion L. Jetton, and Thomas G. Wilson.
Vernon O. Teofan argued the cause for respondents in No. 77-1359. With him on the brief was A. L. Vickers. [440 U.S. 715, 718] Howell Hollis III argued the cause and filed a brief for respondent in No. 77-1644.Fn
Fn [440 U.S. 715, 718] Robert D. McLean filed a brief for the National Commercial Finance Conference, Inc., as amicus curiae in No. 77-1359. James D. Keast and William J. Travis filed a brief for the National Farm & Power Equipment Dealer's Assn. as amicus curiae urging affirmance in No. 77-1644.
MR. JUSTICE MARSHALL delivered the opinion of the Court.
We granted certiorari in these cases to determine whether contractual liens arising from certain federal loan programs take precedence over private liens, in the absence of a federal statute setting priorities. 1 To resolve this question, we must decide first whether federal or state law governs the controversies; and second, if federal law applies, whether this Court should fashion a uniform priority rule or incorporate state commercial law. We conclude that the source of law is federal, but that a national rule is unnecessary to protect the federal interests underlying the loan programs. Accordingly, we adopt state law as the appropriate federal rule for establishing the relative priority of these competing federal and private liens.
No. 77-1359 involves two contractual security interests in the personal property of O. K. Super Markets, Inc. Both interests were perfected pursuant to Texas' Uniform Commercial Code (UCC). 2 The United States' lien secures a loan guaranteed by the Small Business Administration (SBA). The private lien, which arises from security agreements that preceded the federal guarantee, secures advances respondent made after the federal guarantee.
In 1968, O. K. Super Markets borrowed $27,000 from [440 U.S. 715, 719] Kimbell Foods, Inc. (Kimbell), a grocery wholesaler. Two security agreements identified the supermarket's equipment and merchandise as collateral. The agreements also contained a standard "dragnet" clause providing that this collateral would secure future advances from Kimbell to O. K. Super Markets. Kimbell properly perfected its security interests by filing financing statements with the Texas Secretary of State according to Texas law.
In February 1969, O. K. Super Markets obtained a $300,000 loan from Republic National Bank of Dallas (Republic). The bank accepted as security the same property specified in Kimbell's 1968 agreements, and filed a financing statement with the Texas Secretary of State to perfect its security interest. The SBA guaranteed 90% of this loan under the Small Business Act, which authorizes such assistance 3 but, with one exception, does not specify priority rules to govern the SBA's security interests. 4
O. K. Super Markets used the Republic loan proceeds to satisfy the remainder of the 1968 obligation and to discharge an indebtedness for inventory purchased from Kimbell on open account. Kimbell continued credit sales to O. K. Super Markets until the balance due reached $18,258.57 on January 15, 1971. Thereupon, Kimbell initiated state proceedings against O. K. Super Markets to recover this inventory debt.
Shortly before Kimbell filed suit, O. K. Super Markets had defaulted on the SBA-guaranteed loan. Republic assigned its security interest to the SBA in late December 1970, and recorded the assignment with Texas authorities on January 21, 1971. The United States then honored its guarantee and paid [440 U.S. 715, 720] Republic $252,331.93 (90% of the outstanding indebtedness) on February 3, 1971. That same day, O. K. Super Markets, with the approval of its creditors, sold its equipment and inventory and placed the proceeds in escrow pending resolution of the competing claims to the funds. Approximately one year later, the state court entered judgment against O. K. Super Markets, and awarded Kimbell $24,445.37, representing the inventory debt, plus interest and attorney's fees.
Kimbell thereafter brought the instant action to foreclose on its lien, claiming that its security interest in the escrow fund was superior to the SBA's. 5 The District Court held for the Government. On determining that federal law controlled the controversy, the court applied principles developed by this Court to afford federal statutory tax liens special priority over state and private liens where the governing statute does not specify priorities. Kimbell Foods, Inc. v. Republic Nat. Bank of Dallas, 401 F. Supp. 316, 321-322 (ND Tex. 1975). See, e. g., United States v. Security Trust & Sav. Bank, 340 U.S. 47 (1950); United States v. Pioneer American Ins. Co., 374 U.S. 84 (1963). 6 Under these rules, the lien "first in time" is "first in right." 7 However, to be [440 U.S. 715, 721] considered first in time, the nonfederal lien must be "choate," that is, sufficiently specific, when the federal lien arises. 8 A state-created lien is not choate until the "identity of the lienor, the property subject to the lien, and the amount of the lien are established." United States v. New Britain, 347 U.S. 81, 84 (1954); see United States v. Vermont, 377 U.S. 351, 358 (1964). Failure to meet any one of these conditions forecloses priority over the federal lien, even if under state law the nonfederal lien was enforceable for all purposes when the federal lien arose.
Because Kimbell did not reduce its lien to judgment until February 1972, and the federal lien had been created either in 1969, when Republic filed its financing statement, or in 1971, when Republic recorded its assignment, the District [440 U.S. 715, 722] Court concluded that respondent's lien was inchoate when the federal lien arose. 401 F. Supp., at 324-325. Alternatively, the court held that even under state law, the SBA lien was superior to Kimbell's claim because the future advance clauses in the 1968 agreements were not intended to secure the debts arising from O. K. Super Market's subsequent inventory purchases. Id., at 325-326.
The Court of Appeals reversed. Kimbell Foods, Inc. v. Republic Nat. Bank of Dallas, 557 F.2d 491 (CA5 1977). It agreed that federal law governs the rights of the United States under its SBA loan program, id., at 498 n. 9, 503 n. 16, and that the "first in time, first in right" priority principle should control the competing claims. Id., at 502-503. However, the court refused to extend the choateness rule to situations in which the Federal Government was not an involuntary creditor of tax delinquents, but rather a voluntary commercial lender. Id., at 498, 500-502. Instead, it fashioned a new federal rule for determining which lien was first in time, and concluded that "in the context of competing state security interests arising under the U. C. C.," the first to meet UCC perfection requirements achieved priority. Id., at 503. 9
The Court of Appeals then considered which lien qualified as first perfected. Disagreeing with the District Court, the court determined that, under Texas law, the 1968 security agreements covered Kimbell's future advances, and that the liens securing those advances dated from the filing of the security agreements before the federal lien arose. Id., at 494-498, 503. But the Court of Appeals did not adopt Texas law. Rather, it proceeded to decide whether the future advances should receive the same treatment under federal common [440 U.S. 715, 723] law. After surveying three possible approaches, 10 the court held that Kimbell's future advances dated back to the 1968 agreements, and therefore took precedence over Republic's 1969 loan. Id., at 503-505.
At issue in No. 77-1644 is whether a federal contractual security interest in a tractor is superior to a subsequent repairman's lien in the same property. From 1970 to 1972, Ralph Bridges obtained several loans from the Farmers Home Administration (FHA), under the Consolidated Farmers Home Administration Act of 1961. 11 Like the Small Business Act, this statute does not establish rules of priority. To secure the FHA loans, the agency obtained a security interest in Bridges' crops and farm equipment, which it perfected by filing a standard FHA financing statement with Georgia officials on February 2, 1972. Bridges subsequently took his tractor to respondent Crittenden for repairs on numerous occasions, accumulating unpaid repair bills of over $1,600. On December 21, 1973, Bridges again had respondent repair the tractor, at a cost of $543.81. When Bridges could not pay the balance of $2,151.28, respondent retained the tractor and acquired a lien therein under Georgia law. Ga. Code 67-2003 (1978). [440 U.S. 715, 724]
On May 1, 1975, after Bridges had filed for bankruptcy and had been discharged from his debts, 12 the United States instituted this action against Crittenden to obtain possession of the tractor. 13 The District Court rejected the Government's claim that the FHA's security interest was superior to respondent's, and granted summary judgment for respondent on alternative grounds. First, it held that the agency had not properly perfected its security interest because the financing statement inadequately described the collateral. Civ. Action No. 75-37-COL (MD Ga. Sept. 25, 1975). Second, it found that even if the description were sufficient, both federal and state law accorded priority to respondent's lien. Ibid.
The Court of Appeals affirmed in part and reversed in part. It first ruled that "the rights and liabilities of the parties to a suit arising from FHA loan transactions must, under the rationale of the Clearfield Trust doctrine, be determined with reference to federal law." 563 F.2d 678, 680-681 (CA5 1977) (footnotes omitted). See Clearfield Trust Co. v. United States, 318 U.S. 363 (1943). In fashioning a federal rule for assessing the sufficiency of the FHA's financing statement, the court elected to follow the Model UCC rather than to incorporate Georgia law. 563 F.2d, at 681-682. And, it determined that the description of the collateral was adequate under the Model UCC to perfect the FHA's security interest. Id., at 682-683.
The Court of Appeals then addressed the priority question and concluded that neither state law nor the first-in-time, first-in-right and choateness doctrines were appropriate to resolve the conflicting claims. Id., at 683-689. In their place, the court devised a special "federal commercial law rule," using [440 U.S. 715, 725] the Model UCC and the Tax Lien Act of 1966 as guides. Id., at 679, 688-690. 14 This rule would give priority to repairman's liens over the Government's previously perfected consensual security interests when the repairman continuously possesses the property from the time his lien arises. Id., at 690-691. 15 Applying its rule, the Court of Appeals concluded that Crittenden's lien for only the final $543.81 repair bill took precedence over the FHA's security interest. Id., at 692. 16 [440 U.S. 715, 726]
This Court has consistently held that federal law governs questions involving the rights of the United States arising under nationwide federal programs. As the Court explained in Clearfield Trust Co. v. United States, supra, at 366-367:
That the statutes authorizing these federal lending programs do not specify the appropriate rule of decision in no way limits the reach of federal law. It is precisely when Congress has not spoken "`in an area comprising issues substantially related to an established program of government operation,'" id., at 593, quoting Mishkin 800, that Clearfield directs federal courts to fill the interstices of federal legislation "according to their own standards." Clearfield Trust Co. v. United States, 318 U.S., at 367 . 20
Federal law therefore controls the Government's priority rights. The more difficult task, to which we turn, is giving content to this federal rule.
Controversies directly affecting the operations of federal programs, although governed by federal law, do not inevitably [440 U.S. 715, 728] require resort to uniform federal rules. See Clearfield Trust Co. v. United States, supra, at 367; United States v. Little Lake Misere Land Co., supra, at 594-595. Whether to adopt state law or to fashion a nationwide federal rule is a matter of judicial policy "dependent upon a variety of considerations always relevant to the nature of the specific governmental interests and to the effects upon them of applying state law." United States v. Standard Oil Co., 332 U.S. 301, 310 (1947). 21
Undoubtedly, federal programs that "by their nature are and must be uniform in character throughout the Nation" necessitate formulation of controlling federal rules. United States v. Yazell, 382 U.S. 341, 354 (1966); see Clearfield Trust Co. v. United States, supra, at 367; United States v. Standard Oil Co., supra, at 311; Illinois v. Milwaukee, 406 U.S. 91, 105 n. 6 (1972). Conversely, when there is little need for a nationally uniform body of law, state law may be incorporated as the federal rule of decision. 22 Apart from considerations of uniformity, we must also determine whether application of state law would frustrate specific objectives of the federal programs. If so, we must fashion special rules solicitous of those federal interests. 23 Finally, our choice-of-law [440 U.S. 715, 729] inquiry must consider the extent to which application of a federal rule would disrupt commercial relationships predicated on state law. 24
The Government argues that effective administration of its lending programs requires uniform federal rules of priority. It contends further that resort to any rules other than first in time, first in right and choateness would conflict with protectionist fiscal policies underlying the programs. We are unpersuaded that, in the circumstances presented here, nationwide standards favoring claims of the United States are necessary to ease program administration or to safeguard the Federal Treasury from defaulting debtors. Because the state commercial codes "furnish convenient solutions in no way inconsistent with adequate protection of the federal interest[s]," United States v. Standard Oil Co., supra, at 309, we decline to override intricate state laws of general applicability on which private creditors base their daily commercial transactions.
Incorporating state law to determine the rights of the United States as against private creditors would in no way hinder administration of the SBA and FHA loan programs. In United States v. Yazell, supra, this Court rejected the argument, similar to the Government's here, that a need for uniformity precluded application of state coverture rules to an SBA loan contract. Because SBA operations were "specifically and in great detail adapted to state law," 382 U.S., at 357 , the federal interest in supplanting "important [440 U.S. 715, 730] and carefully evolved state arrangements designed to serve multiple purposes" was minimal. Id., at 353. Our conclusion that compliance with state law would produce no hardship on the agency was also based on the SBA's practice of "individually negotiat[ing] in painfully particularized detail" each loan transaction. Id., at 345-346. These observations apply with equal force here and compel us again to reject generalized pleas for uniformity as substitutes for concrete evidence that adopting state law would adversely affect administration of the federal programs.
Although the SBA Financial Assistance Manual on which this Court relied in Yazell is no longer "replete with admonitions to follow state law carefully," id., at 357 n. 35, SBA employees are still instructed to, and indeed do, follow state law. 25 In fact, a fair reading of the SBA Financial Assistance Manual, SOP 50-10 (SBA Manual), indicates that the agency assumes its security interests are controlled to a large extent by the commercial law of each State. 26 Similarly, FHA regulations [440 U.S. 715, 731] expressly incorporate state law. They mandate compliance with state procedures for perfecting and maintaining valid security interests, and highlight those rules that differ from State to State. E. g., 7 CFR 1921.104 (c) (1), 1921.105, 1921.106, 1921.107, 1921.108, 1921.111, 1930.5, 1930.8, 1930.9, 1930.14, 1930.17, 1930.27 (1978). 27 To ensure that employees are aware of new developments, the FHA also issues "State supplements" to "reflect any State statutory changes in its version of the UCC." 1921.111(c); see, e. g., 1802.80, 1904.108 (d), 1930.46 (d) (3). Contrary to the Government's claim that the FHA complies only with state procedural rules, Reply Brief for United States in No. 77-1644, p. 7, the agency's reliance on state law extends to substantive requirements as well. Indeed, applicable regulations [440 U.S. 715, 732] suggest that state rules determine the priority of FHA liens when federal statutes or agency regulations are not controlling. 7 CFR 1872.2 (c), 1921.111 (b), 1930.43, 1930.44, 1930.46 (d) (1), (3) (1978); see also 1955.15 (d).
Thus, the agencies' own operating practices belie their assertion that a federal rule of priority is needed to avoid the administrative burdens created by disparate state commercial rules. 28 The programs already conform to each State's commercial standards. By using local lending offices and employees who are familiar with the law of their respective localities, 29 the agencies function effectively without uniform procedures and legal rules.
Nevertheless, the Government maintains that requiring the agencies to assess security arrangements under local law would dictate close scrutiny of each transaction and thereby impede expeditious processing of loans. We disagree. Choosing responsible debtors necessarily requires individualized selection procedures, which the agencies have already implemented in considerable detail. Each applicant's financial condition is evaluated under rigorous standards in a lengthy process. 30 Agency employees negotiate personally with borrowers, investigate property offered as collateral for encumbrances, and [440 U.S. 715, 733] obtain local legal advice on the adequacy of proposed security arrangements. 31 In addition, they adapt the terms of every loan to the parties' needs and capabilities. 32 Because each application currently receives individual scrutiny, the agencies can readily adjust loan transactions to reflect state priority rules, just as they consider other factual and legal matters before disbursing Government funds. As we noted in United States v. Yazell, 382 U.S., at 348 , these lending programs are distinguishable from "nationwide act[s] of the Federal Government, emanating in a single form from a single source." (Footnote omitted.) Since there is no indication that variant state priority schemes would burden current methods of loan processing, we conclude that considerations of administrative convenience do not warrant adoption of a uniform federal law.
The Government argues that applying state law to these lending programs would undermine its ability to recover funds disbursed and therefore would conflict with program objectives. In the Government's view, it is difficult "to identify a material distinction between a dollar received from the collection of taxes and a dollar returned to the Treasury on [440 U.S. 715, 734] repayment of a federal loan." Brief for United States in No. 77-1359, p. 22. Therefore, the agencies conclude, just as "the purpose of the federal tax lien statute to insure prompt and certain collection of taxes" 33 justified our imposition of the first-in-time and choateness doctrines in the tax lien context, the federal interest in recovering on loans compels similar legal protection of the agencies' consensual liens. However, we believe significant differences between federal tax liens and consensual liens counsel against unreflective extension of rules that immunize the United States from the commercial law governing all other voluntary secured creditors. These differences persuade us that deference to customary commercial practices would not frustrate the objectives of the lending programs.
That collection of taxes is vital to the functioning, indeed existence, of government cannot be denied. McCulloch v. Maryland, 4 Wheat. 316, 425, 428, 431 (1819); Springer v. United States, 102 U.S. 586, 594 (1881). Congress recognized as much over 100 years ago when it authorized creation of federal tax liens. Act of July 13, 1866, ch. 184, 9, 14 Stat. 107, recodified as amended in 26 U.S.C. 6321-6323. The importance of securing adequate revenues to discharge national obligations justifies the extraordinary priority accorded federal tax liens through the choateness and first-in-time doctrines. By contrast, when the United States operates as a moneylending institution under carefully circumscribed programs, its interest in recouping the limited sums advanced is of a different order. Thus, there is less need here than in the tax lien area to invoke protective measures against defaulting debtors in a manner disruptive of existing credit markets.
To equate tax liens with these consensual liens also misperceives the principal congressional concerns underlying the respective statutes. The overriding purpose of the tax lien [440 U.S. 715, 735] statute obviously is to ensure prompt revenue collection. The same cannot be said of the SBA and FHA lending programs. 34 They are a form of social welfare legislation, primarily designed to assist farmers and businesses that cannot obtain funds from private lenders on reasonable terms. 35 We believe that had Congress intended the private commercial sector, rather than taxpayers in general, to bear the risks of default entailed by these public welfare programs, it would have established a priority scheme displacing state law. Far from doing so, both Congress and the agencies have expressly recognized the priority of certain private liens over the agencies' security interests, 36 thereby indicating that the extraordinary safeguards applied in the tax lien area are unnecessary to maintain the lending programs.
The Government's ability to safeguard its interests in commercial dealings further reveals that the rules developed in the tax lien area are unnecessary here, and that state priority rules would not conflict with federal lending objectives. 37 [440 U.S. 715, 736] The United States is an involuntary creditor of delinquent taxpayers, unable to control the factors that make tax collection likely. In contrast, when the United States acts as a lender or guarantor, it does so voluntarily, with detailed knowledge of the borrower's financial status. The agencies evaluate the risks associated with each loan, examine the interests of other creditors, choose the security believed necessary to assure repayment, and set the terms of every agreement. 38 By carefully selecting loan recipients and tailoring each transaction with state law in mind, the agencies are fully capable of establishing terms that will secure repayment. 39 [440 U.S. 715, 737]
The Government nonetheless argues that its opportunity to evaluate the credit worthiness of loan applicants provides minimal safety. Because the SBA and FHA make loans only when private lenders will not, the United States believes that its security interests demand greater protection than ordinary commercial arrangements. We find this argument unconvincing. The lending agencies do not indiscriminately distribute public funds and hope that reimbursement will follow. SBA loans must be "of such sound value or so secured as reasonably to assure repayment." 15 U.S.C. 636 (a) (7); see 13 CFR 120.2 (c) (1) (1978). The FHA operates under a similar restriction. 7 CFR 1833.35 (1978). Both agencies have promulgated exhaustive instructions to ensure that loan recipients are financially reliable and to prevent improvident loans. 40 The Government therefore is in substantially the same position as private lenders, and the special status it seeks is unnecessary to safeguard the public fisc. Moreover, Congress' admonitions to extend loans judiciously supports the view that it did not intend to confer special privileges on agencies that enter the commercial field. Accordingly, we agree with the Court of Appeals in No. 77-1359 that "[a]s a quasi-commercial lender, [the Government] does not require . . . [440 U.S. 715, 738] the special priority which it compels as sovereign" in its tax-collecting capacity. 557 F.2d, at 500.
The Federal Tax Lien Act of 1966, 80 Stat. 1125, as amended, 26 U.S.C. 6323, provides further evidence that treating the United States like any other lender would not undermine federal interests. These amendments modified the Federal Government's preferred position under the choateness and first-in-time doctrines, and recognized the priority of many state claims over federal tax liens. 41 In enacting this legislation, Congress sought to "improv[e] the status of private secured creditors" and prevent impairment of commercial financing transactions by "moderniz[ing] . . . the relationship of Federal tax liens to the interests of other creditors." S. Rep. No. 1708, 89th Cong., 2d Sess., 1-2 (1966); see also H. R. Rep. No. 1884, 89th Cong., 2d Sess., 35 (1966). This rationale has even greater force when the Government acts as a moneylender. We do not suggest that Congress' actions in the tax lien area control our choice of law in the commercial lien context. But in fashioning federal principles to govern areas left open by Congress, our function is to effectuate congressional policy. E. g., RFC v. Beaver County, 328 U.S. 204, 209 -210 (1946). To ignore Congress' disapproval of unrestricted federal priority in an area as important to the Nation's stability as taxation would be inconsistent with this function. Thus, without a showing that application of state laws would impair federal operations, we decline to extend to new contexts extraordinary safeguards largely rejected by Congress. [440 U.S. 715, 739]
In structuring financial transactions, businessmen depend on state commercial law to provide the stability essential for reliable evaluation of the risks involved. Cf. National Bank v. Whitney, 103 U.S. 99, 102 (1881). However, subjecting federal contractual liens to the doctrines developed in the tax lien area could undermine that stability. Creditors who justifiably rely on state law to obtain superior liens would have their expectations thwarted whenever a federal contractual security interest suddenly appeared and took precedence. 42
Because the ultimate consequences of altering settled commercial practices are so difficult to foresee, 43 we hesitate to [440 U.S. 715, 740] create new uncertainties, in the absence of careful legislative deliberation. Of course, formulating special rules to govern the priority of the federal consensual liens in issue here would be justified if necessary to vindicate important national interests. But neither the Government nor the Court of Appeals advanced any concrete reasons for rejecting well-established commercial rules which have proven workable over time. Thus, the prudent course is to adopt the readymade body of state law as the federal rule of decision until Congress strikes a different accommodation. 44
Accordingly, we hold that, absent a congressional directive, the relative priority of private liens and consensual liens arising from these Government lending programs is to be determined under nondiscriminatory state laws. In No. 77-1359, the Court of Appeals found that Texas law gave preference to Kimbell's lien. We therefore affirm the judgment in that case. Although the issue was contested, the Court of Appeals in No. 77-1644 did not decide whether and to what extent Georgia treats repairman's liens as superior to previously perfected consensual liens. Nor did the court assess the sufficiency of the FHA's financing statement under Georgia law. Because "[t]he federal judges who deal regularly with questions of state law in their respective districts and circuits are in a better position than we to determine how local courts would dispose of [such] issues," Butner v. United States, ante, at 58 (footnote omitted), we vacate the judgment in No. 77-1644 and remand for resolution of these issues.
[ Footnote 2 ] Tex. Bus. & Com. Code Ann. 9.101 et seq. (1968).
[ Footnote 3 ] Section 7 (a) of the Small Business Act, 72 Stat. 387, as amended, 15 U.S.C. 636 (a) (1), permits extension of financial assistance to small businesses when funds are "not otherwise available on reasonable terms from non-Federal sources." The SBA prefers to guarantee private loans rather than to disburse funds directly. 636 (a) (2); 13 CFR 120.2 (b) (1), 122.15 (c) (1978).
[ Footnote 4 ] See n. 36, infra.
[ Footnote 5 ] Jurisdiction was premised on 28 U.S.C. 2410.
[ Footnote 6 ] The tax liens were authorized by 26 U.S.C. 3670 (1952 ed.), currently codified at 26 U.S.C. 6321. This statute established the time when the tax lien arose, 26 U.S.C. 3671 (1952 ed.), currently codified at 26 U.S.C. 6322, and required the filing of notice for the lien to be valid against specified creditors. 26 U.S.C. 3672 (1952 ed.), currently codified, as amended, at 26 U.S.C. 6323 (a). But until 1966, the statute did not specify priority rules to resolve conflicts between federal tax liens and rival liens. The Federal Tax Lien Act of 1966, 80 Stat. 1125, as amended, 26 U.S.C. 6323 (b), (c), (d), (e), set specific priorities to displace the doctrines that this Court had created. See infra, at 738.
[ Footnote 7 ] This well-accepted common-law principle for resolving lien priority disputes, see Rankin v. Scott, 12 Wheat. 177, 179 (1827); United States v. New Britain, 347 U.S. 81, 85 -86 (1954), also underlies the Uniform Commercial Code's priority structure. See Uniform Commercial Code 9-312 (5), 3 U. L. A. 85 (1979 pamphlet) (hereinafter Model UCC); J. White & R. Summers, Uniform Commercial Code 905 (1972).
[ Footnote 8 ] See, e. g., United States v. Security Trust & Sav. Bank, 340 U.S. 47 (1950); United States v. New Britain, supra, at 86; United States v. Acri, 348 U.S. 211, 213 (1955); United States v. R. F. Ball Construction Co., 355 U.S. 587 (1958) (per curiam); United States v. Pioneer American Ins. Co., 374 U.S. 84 (1963); United States v. Vermont, 377 U.S. 351, 355 (1964); United States v. Equitable Life Assurance Soc., 384 U.S. 323, 327 -328 (1966). This Court originally formulated the choate lien test to govern conflicts arising under the federal insolvency statute, Rev. Stat. 3466, 31 U.S.C. 191, which awards the United States priority over other creditors in collecting debts from insolvency. In theory, the statute does not defeat liens that are choate at the time of insolvency. But in practice, it has proved difficult for nonfederal lienors to satisfy the strictures of the choateness test. See New York v. Maclay, 288 U.S. 290 (1933); United States v. Texas, 314 U.S. 480 (1941); United States v. Waddill, Holland & Flinn, Inc., 323 U.S. 353 (1945); United States v. Gilbert Associates, Inc., 345 U.S. 361 (1953). The Court later applied the choateness doctrine outside the insolvency context together with the first-in-time requirement to give federal tax liens special priority. See United States v. Security Trust & Sav. Bank, supra, at 51. For a discussion of the history of the choate lien test, see Kennedy, The Relative Priority of the Federal Government: The Pernicious Career of the Inchoate and General Lien, 63 Yale L. J. 905 (1954) (hereinafter Kennedy, Relative Priority).
[ Footnote 9 ] In so holding, the Court of Appeals refused to formulate a federal doctrine of general applicability, "leav[ing] for another day" questions involving the priority of other nonfederal liens, such as state tax and mechanic's liens. 557 F.2d, at 503 n. 15.
[ Footnote 10 ] One approach afforded priority to liens intervening between execution of a security agreement covering future advances and extension of those advances. Another gave priority only to future advances made before the advancing creditor received actual notice of an intervening lien, while a third rule afforded priority regardless of actual notice. The court rejected the first option and found that Kimbell would prevail under either of the other two since it did not have notice of the SBA guarantee. Id., at 503-504.
[ Footnote 11 ] The statute, now redesignated the Consolidated Farm and Rural Development Act, see 86 Stat. 657, authorizes federal financial assistance for farmers who are "unable to obtain sufficient credit elsewhere to finance their actual needs at reasonable rates and terms." 75 Stat. 307, as amended, 7 U.S.C. 1922 (1976 ed., Supp. III).
[ Footnote 12 ] Bridges' bankruptcy did not affect the relative priority of the Government and respondent. The priority rights afforded the United States under 64a of the Bankruptcy Act do not defeat valid pre-existing liens. See 11 U.S.C. 104 (a); 3A W. Collier, Bankruptcy 64.02 2. (14th ed. 1975).
[ Footnote 13 ] Jurisdiction was invoked under 28 U.S.C. 1345.
[ Footnote 14 ] Section 9-310 of the Model UCC provides: "When a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a security interest, a lien upon goods in the possession of such person given by statute or rule of law for such materials or services takes priority over a perfected security interest unless the lien is statutory and the statute expressly provides otherwise." Model UCC 9-310 (1979 pamphlet). The Tax Lien Act of 1966 extends similar protection to repairmen: "Even though notice of a [federal tax lien] has been filed, such lien shall not be valid . . . . . "With respect to tangible personal property subject to a lien under local law securing the reasonable price of the repair or improvement of such property, as against a holder of such a lien, if such holder is, and has been, continuously in possession of such property from the time such lien arose." 26 U.S.C. 6323 (b) (5).
[ Footnote 15 ] The court found it unnecessary to determine whether the same result would obtain under Georgia's Commercial Code. 563 F.2d, at 688 n. 17, 689.
[ Footnote 16 ] Other Courts of Appeals have adopted divergent approaches regarding the priority of federal security interests arising from loan programs. Compare, e. g., Chicago Title Ins. Co. v. Sherred Village Associates, 568 F.2d 217 (CA1 1978), cert. pending, No. 77-1611; United States v. General Douglas MacArthur Senior Village, Inc., 470 F.2d 675 (CA2 1972), cert. denied sub nom. County of Nassau v. United States, 412 U.S. 922 (1973); United States v. Oswald & Hess Co., 345 F.2d 886 (CA3 1965); Willow Creek Lumber Co. v. Porter County Plumbing & Heating, Inc., 572 F.2d 588 (CA7 1978); United States v. Latrobe Construction Co., 246 F.2d 357 (CA8), cert. denied, 355 U.S. 890 (1957); T. H. Rogers Lumber Co. v. Apel, 468 F.2d 14 (CA10 1972), with, e. g., United States v. Gregory-Beaumont Equipment Co., 243 F.2d 591 (CA8 1957); United States v. [440 U.S. 715, 726] California-Oregon Plywood, Inc., 527 F.2d 687 (CA9 1975). See also United States v. Union Livestock Sales Co., 298 F.2d 755 (CA4 1962); United States v. Kramel, 234 F.2d 577 (CA8 1956); United States v. Chappell Livestock Auction, Inc., 523 F.2d 840 (CA8 1975); Bumb v. United States, 276 F.2d 729 (CA9 1960).
[ Footnote 17 ] See United States v. Standard Oil Co., 332 U.S. 301, 305 -306 (1947); United States v. Seckinger, 397 U.S. 203, 209 -210 (1970); Friendly, In Praise of Erie - And of the New Federal Common Law, 39 N. Y. U. L. Rev. 383, 410 (1964); see also Sola Electric Co. v. Jefferson Electric Co., 317 U.S. 173, 176 (1942); Board of County Comm'rs v. United States, 308 U.S. 343, 349 -350 (1939).
[ Footnote 18 ] See United States v. Security Trust & Sav. Bank, 340 U.S., at 49 ; cf. United States v. Yazell, 382 U.S. 341, 356 (1966).
[ Footnote 19 ] See United States v. Standard Oil Co., supra, at 305-307; Mishkin, The Variousness of "Federal Law": Competence and Discretion in the Choice of National and State Rules for Decision, 105 U. Pa. L. Rev. 797, 800, and n. 15 (1957) (hereinafter Mishkin); Comment, Adopting State Law as the Federal Rule of Decision: A Proposed Test, 43 U. Chi. L. Rev. 823, 825 (1976); see also Bank of America Nat. Trust & Sav. Assn. v. Parnell, 352 U.S. 29, 33 -34 (1956); Miree v. DeKalb County, 433 U.S. 25, 29 , 31-32 (1977).
[ Footnote 20 ] See Board of County Comm'rs v. United States, supra, at 349-350; National Metropolitan Bank v. United States, 323 U.S. 454, 456 (1945); Holmberg v. Armbrecht, 327 U.S. 392, 395 (1946); Moor v. County of Alameda, 411 U.S. 693, 701 -702, and n. 12 (1973).
[ Footnote 21 ] As explained by one commentator: "Whether state law is to be incorporated as a matter of federal common law . . . involves the . . . problem of the relationship of a particular issue to a going federal program. The question of judicial incorporation can only arise in an area which is sufficiently close to a national operation to establish competence in the federal courts to choose the governing law, and yet not so close as clearly to require the application of a single nationwide rule of substance." Mishkin 805.
[ Footnote 22 ] Miree v. DeKalb County, supra, at 28-29; see RFC v. Beaver County, 328 U.S. 204, 209 -210 (1946); United States v. Brosnan, 363 U.S. 237, 241 -242 (1960); United States v. Yazell, supra, at 356-357; Auto Workers v. Hoosier Cardinal Corp., 383 U.S. 696, 701 -703 (1966).
[ Footnote 23 ] See United States v. Allegheny County, 322 U.S. 174, 183 (1944); RFC v. Beaver County, supra, at 209-210; Auto Workers v. Hoosier Cardinal Corp, supra, at 706-707; Wallis v. Pan American Petroleum Corp., 384 U.S. 63, 68 (1966); United States v. Little Lake Misere Land Co., [440 U.S. 715, 729] 412 U.S. 580, 595 -597 (1973); Johnson v. Railway Express Agency, Inc., 421 U.S. 454, 465 -466 (1975); Miree v. DeKalb County, supra, at 31-32; Robertson v. Wegmann, 436 U.S. 584, 590 -593 (1978); see also De Sylva v. Ballentine, 351 U.S. 570, 581 (1956).
[ Footnote 24 ] See United States v. Brosnan, supra, at 241-242; United States v. Yazell, supra, at 352-353; Wallis v. Pan American Petroleum Corp., supra, at 68; United States v. Little Lake Misere Land Co., supra, at 599-603.
[ Footnote 25 ] The applicable regulations recognize that "[i]n order to implement and facilitate th[e] Federal loan programs," SBA offices should comply with state law, in particular, with state procedural requirements for obtaining enforceable security interests. 13 CFR 101.1 (d) (3) (1978). And the SBA routinely follows such rules, Tr. of Oral Arg. in No. 77-1359, p. 43, as it did here by requiring Republic to file a financing statement and a notice of assignment. That the SBA conforms its transactions to state law is also reflected in the security agreement between Republic and O. K. Super Markets, approved by the SBA, which provided that the contract would be construed according to Texas law and bound the parties' assigns to this provision. App. in No. 77-1359, p. 68.
[ Footnote 26 ] For example, the Manual stresses that the borrower's inventory should be used as collateral only after careful consideration of the protection afforded under state law: "Uniform Commercial Code - Factor's Lien Laws. Most states have adopted the Uniform Commercial Code or Factor's Lien Laws. Under such laws it is possible to obtain a general lien covering all existing and to-be-acquired inventory. Generally, these statutes also provide that the lien may follow the accounts receivable or proceeds resulting from the sale of the inventory. . . . The loan specialist should inquire as to any [440 U.S. 715, 731] prior liens against either inventories or receivables. The lien obtained under the Code (or Factor's Lien Laws) covering accounts receivable or other proceeds resulting from the sale of the inventory is not generally invalidated by the fact that the borrower thereafter deals with the accounts receivable or proceeds as his own. . . . However, a careful study should be made of borrower's credit circumstances to determine the measures of control and supervision to be imposed. . . . Although the collateral may not require close supervision from inception, the security agreement should contain provisions that borrower shall . . . comply with such other servicing practices as are deemed necessary by counsel to safeguard the collateral. "Accounts receivable resulting from the sale of inventories assigned to SBA prior to adoption of the Code in code states shall be serviced in accordance with applicable local law existing prior to the date of adoption of the Code. This is not necessary however, if in the opinion of counsel, servicing can be performed in a manner permitted under the Code without adversely affecting SBA's interest." SBA Manual § 29 (a) (4) (b) (1977). See also n. 25, supra.
[ Footnote 27 ] After publication of the 1978 Code of Federal Regulations, the FHA began reorganizing its regulations to provide separate rules for each loan program. Most provisions of 7 CFR cited throughout this opinion have been recodified with modifications not relevant here. See, e. g., 43 Fed. Reg. 5504, 7978, 23986, 55882-55895, 56643-56647, 59078 (1978); 44 Fed. Reg. 1701, 4431-4458, 6354, 10979-10980 (1979). For convenience, we refer to the 1978 version of the FHA regulations contained in 7 CFR.
[ Footnote 28 ] The differences between the rules, moreover, are insignificant in comparison with the similarities. All States except Louisiana have enacted Art. 9 of the UCC with minor variations. See Model UCC 1-2 (1979 pamphlet). As Judge Friendly observed in United States v. Wagematic Corp., 360 F.2d 674, 676 (CA2 1966): "When the states have gone so far in achieving the desirable goal of a uniform law governing commercial transactions, it would be a distinct disservice to insist on a different one for the segment of commerce, important but still small in relation to the total, consisting of transactions with the United States."
[ Footnote 29 ] See 13 CFR 101.3, 101.7 (a) (1978); 7 CFR 1800.1-1800.4 (1978).
[ Footnote 30 ] See 13 CFR 120.2 (c), (d), as amended, 43 Fed. Reg. 3702 (1978); 13 CFR 122.15, 122.16 (1978); SBA Manual §§ 10, 11, 16-40; 7 CFR 1801.2-1801.4, 1904.108, 1904.127, 1904.175, 1980.175 (1978).
[ Footnote 31 ] See United States v. Yazell, 382 U.S., at 344 -346; 13 CFR 101.2-1, 101.7 (a), 122.16 (1978); SBA Manual §§ 16-17, 21 (c), 23 (a)-(f), 29 (a) (8), 30 (l), 31 (b) (6); 7 CFR 1801.1-1801.4, 1801.11, 1921.107, 1930.5 (1978).
[ Footnote 32 ] The Court of Appeals in No. 77-1644 believed that a uniform federal law was necessary to determine the sufficiency of the FHA's financing statement in part because the agency uses standard forms with preprinted descriptions of collateral commonly taken as security. 563 F.2d, at 682. However, the form also has a blank space for listing specific property. See App. in No. 77-1644, p. 12 (Form FHA 440-25). And the FHA regulations advise that individual descriptions be made, specifically when "major items of equipment" are involved. 7 CFR 1921.105 (e) (1), (2) (1978). Since the standard FHA forms leave spaces for recording the details of each loan, the agency can take account of local law without altering these materials. See, e. g., App. in No. 77-1644, p. 8 (Form FHA 440-4).
[ Footnote 33 ] United States v. Security Trust & Sav. Bank, 340 U.S., at 51 .
[ Footnote 34 ] Congress did not delineate specific priority rules in either the tax lien statute prior to 1966, the insolvency statute, or the statutes authorizing these lending programs. See nn. 6 and 8, supra. Accordingly, the Government urges that we establish identical priority rules for all three situations. This argument overlooks the evident distinction between lending programs for needy farmers and businesses and statutes created to guarantee receipt of debts due the United States. We, of course, express no view on the proper priority rules to govern federal consensual liens in the context of statutes other than those at issue here.
[ Footnote 35 ] See nn. 3 and 11, supra; 15 U.S.C. 631 (1976 ed. and Supp. III) (declaration of policy); 7 U.S.C. 1921 (congressional findings); 43 Fed. Reg. 55883 (1978) (to be codified in 7 CFR 1941.2); S. Rep. No. 566, 87th Cong., 1st Sess., 1, 64 (1961); Hearings on H. R. 4384 before the House Committee on Agriculture, 78th Cong., 2d Sess., 43-45 (1944).
[ Footnote 36 ] A 1958 amendment to the Small Business Act subordinates SBA liens to state and local property tax liens when the tax liens would be superior to nonfederal security interests under state law. 72 Stat. 396, 15 U.S.C. 646. The FHA has established by regulation that purchase-money security interests take priority over previously arising FHA liens. 7 CFR [440 U.S. 715, 736] 1921.106 (1978); see 1930.44. In appropriate circumstances, the FHA also subordinates its liens to interests that are junior under state law. 7 U.S.C. 1981 (d) (1976 ed. and Supp. III); see, e. g., 7 CFR 1930.30 (1978).
[ Footnote 37 ] We reject the Government's suggestion that the choateness and first-in-time doctrines are needed to prevent States from "undercutting" the agencies' liens by creating "arbitrary" rules. Brief for United States in No. 77-1359, pp. 24-25. Adopting state law as an appropriate federal rule does not preclude federal courts from excepting local laws that prejudice federal interests. See, e. g., RFC v. Beaver County, 328 U.S., at 210 ; De Sylva v. Ballentine, 351 U.S., at 581 ; United States v. Little Lake Misere Land Co., 412 U.S., at 596 . The issue here, however, involves commercial rules of general applicability, based on codes that are remarkably uniform throughout the Nation. See n. 28, supra.
[ Footnote 38 ] See nn. 30, 31, supra.
[ Footnote 39 ] The facts presented here demonstrate the ease with which the agencies could have protected themselves. O. K. Super Markets informed the SBA of Kimbell's security interests in the inventory. Had the agency followed its guidelines and checked local records, it would have discovered the 1968 security agreements Kimbell filed with its financing statements. See SBA Manual §§ 29 (a) (3), (4), (8), 31 (b) (6). Thus, the agency should have known that the agreements secured future advances. The SBA was also informed in the loan guarantee application that O. K. Super Markets intended to discharge the debts it owed Kimbell from the Republic loan proceeds. See App. in No. 77-1359, p. 72. Additionally, as a result of negotiations with O. K. Super Markets' creditors, the SBA was aware that Kimbell would not guarantee any portion of the Republic loan because it wanted its account paid in full before advancing further credit. Id., at [440 U.S. 715, 737] 62-63. In these circumstances, the SBA easily could have persuaded Kimbell either to subordinate its liens covering future advances or to terminate the 1968 security arrangements once the obligations were satisfied. This procedure, moreover, would have comported with agency practices. The SBA Manual allows employees to impose conditions on third parties when "advisable," and to note such agreements on the appropriate forms. Id., § 30 (e). With respect to the FHA loan, the agency could have followed the practices of private lenders in protecting themselves from subsequent liens that take priority under state law. For example, the FHA might have secured its loan with property not subject to repairman's liens or demanded more substantial collateral.
[ Footnote 40 ] E. g., 13 CFR 120.2, as amended, 43 Fed. Reg. 3702 (1978); 13 CFR 122.2, 122.3 (1978); SBA Manual §§ 5-7; nn. 30, 31, supra.
[ Footnote 41 ] See nn. 6 and 8, supra. Of particular relevance here, the Act added mechanic's liens to the list of private interests already protected against unrecorded tax liens. 26 U.S.C. 6323 (a). Holders of consensual security interests also receive priority over unrecorded tax liens. Ibid. Moreover, the Act gives priority to many types of nonfederal liens even when the Government has filed notice of the tax lien. 6323 (b). Included in this group are repairman's liens in personal property, 6323 (b) (5), see n. 14, supra, and in limited situations, liens securing future advances. 6323 (c).
[ Footnote 42 ] The cases under consideration illustrate the substantial new risks that creditors would encounter. Neither the financing statement filed by Republic nor its security agreement mentioned the SBA. App. in No. 77-1359, pp. 67-69. To give the federal lien priority in this situation would undercut the reliability of the notice filing system, which plays a crucial role in commercial dealings. Subsequent creditors such as Crittenden and prior creditors such as Kimbell would have no trustworthy means of discovering the undisclosed security interest. Even those creditors aware of a federal agency's lien would have to adjust their lending arrangements to protect against the stringent choateness requirements. In recognition of these burdens, commentators have criticized the doctrine for frustrating private creditors' expectations as well as generating inconsistencies in application. See, e. g., 2 G. Gilmore, Security Interests in Personal Property 1052-1073 (1965); Plumb, Federal Liens and Priorities - Agenda for the Next Decade, 77 Yale L. J. 228 (1967); Kennedy, From Spokane County to Vermont: The Campaign of the Federal Government Against the Inchoate Lien, 50 Iowa L. Rev. 724 (1965); Kennedy, Relative Priority; Comment, The Relative Priority of Small Business Administration Liens: An Unreasonable Extension of Federal Preference?, 64 Mich. L. Rev. 1107 (1966). Considerable uncertainty would also result from the approach used in the opinions below. Developing priority rules on a case-by-case basis, depending on the types of competing private liens involved, leaves creditors without the definite body of law they require in structuring sound business transactions.
[ Footnote 43 ] For example, the decision below in No. 77-1359 noted that priority rules favoring the Government could inhibit private lenders' extension of [440 U.S. 715, 740] credit to the very people for whom Congress created these programs. 557 F.2d, at 500. See MacLachlan, Improving the Law of Federal Liens and Priorities, 1 B. C. Ind. and Com. L. Rev. 73, 74-76 (1959).
[ Footnote 44 ] See RFC v. Beaver County, 328 U.S., at 209 -210; United States v. Brosnan, 363 U.S., at 242 ; United States v. Yazell, 382 U.S., at 352 , and nn. 26-27; Wallis v. Pan American Petroleum Corp., 384 U.S., at 68 . [440 U.S. 715, 741]
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Documentation for Developers
API Functionality
If you're interested in how the client-side interface talks to the server-side API, and in addressing and re-using Old Bailey data directly, the easiest approach is to explore the Query URL and Zip URL links. But details of the server-side search and retrieval functions are also available at the following URLs:
i) http://www.oldbaileyonline.org/obapi/terms
This servlet always returns a JSON object describing the fields which can be queried, their types, and their possible values. It is used to construct the search form in the Javascript Demonstrator interface. The structure of the JSON object is intended to be self explanatory, but the following servlet details the process.
ii) http://www.oldbaileyonline.org/obapi/ob
This servlet receives search terms and additional instructions as HTML parameters. It returns either a JSON object representing a result set, or a ZIP file of texts from the result set.
Search terms are specified as follows:
- term[term number]=[field]_[term]
Results are paged as follows:
- start=[result to start from]
- count=[number of results to return]
It is a good idea always to specify a "count" parameter, as the default is all results.
If you would like the returned JSON object to include a frequency table of terms in the results, you can specify the field you would like to examine:
- breakdown=[field]
If you would like the full text of the results returned in a zip file, you can specify:
- return=zip
For example:
will return a JSON object representing a result set where every trial contains the term "sheffield", and an offence category of "deception". The object will also offer a frequency table of offence subcategories within this result set. The hit list returned will start at the first result and continue for ten results.
will perform the same search as above, but return a zip file containing the first ten trials of the result set. The "breakdown" parameter is ignored in this case.
There are some caveats. The servlet will not return lists of more than 1000 IDs, or zip files of more than 10 trials. Frequency tables of terms are also curtailed (and inaccurate) if they contain more than 1000 distinct terms.
iii) http://www.oldbaileyonline.org/obapi/text
This servlet receives the ID of a single trial, and optionally a list of words to highlight as HTML parameters. It returns the XML of the requested trial.
- id=[trial id]
- highlightTerms=[terms to highlight]
For example:
will return the XML of the trial t17690112-9, with <span> tags around the words "sheffield" and "fraud".

subset: commoncrawl


text:
By Katharine Sanderson of Nature magazine
One trick to test whether a frying pan is hot enough is to sprinkle water on it. If the surface is sufficiently above the boiling point of water, droplets will skip across the pan. Those jittery beads of water are held up from the hot pan by a cushion of steam. The vapour cushion collapses as the surface falls below the 'Leidenfrost temperature', causing furious bubbling and spitting when the water droplet hits the surface and boils explosively.
The Leidenfrost effect lies behind the discovery, published today in Nature, that water can be made to boil without any bubbling if a surface is specially treated so that the vapour cushion does not break down. The key is to make the surface very water-repellent, according to Ivan Vakarelski, an engineer at the Clean Combustion Research Center at the King Abdullah University of Science and Technology in Thuwal, Saudi Arabia, and his colleagues. The effect might be used to carefully control how metals are cooled and heated, or to reduce drag on ships.
The rough with the smooth
Vakarelski's team covered metal spheres with a commercially available coating that made the surface rough and strongly water-repellent, and heated these superhydrophobic spheres to 400 °C (any higher and the coating would deteriorate). For comparison, they heated a set of smooth, water-attracting spheres to 700 °C.
Each hot sphere was dropped into room-temperature water, where a layer of water vapour formed around it. The vapour layers around the water-loving spheres quickly collapsed, leading to explosive bubbling. The coated spheres, by contrast, kept their vapour layers as they cooled down, with no bubbling or explosive boiling.
"We thought we could improve the transition" from the Leidenfrost regime to bubbling, says Vakarelski, "but we are not only lowering the transition, we are completely avoiding it".
"It was really dramatic," says Neelesh Patankar, a theoretical mechanical engineer at Northwestern University in Evanston, Illinois, and a co-author of the paper. "As the temperature goes down, this vapour phase nicely settles down."
The implications of the work could be far-reaching, says Vincent Craig, an applied mathematician at the Australian National University in Canberra, who studies the physics of surface forces and bubbles. "They've shown that by keeping the surface rough you can keep that vapour layer at low temperature." The effect could be used to reduce drag on surfaces such as the tiny channels in microfluidic devices, he suggests.
Hot stuff
In a related experiment, the team dipped metal rods with the same water-loving and water-hating surfaces into water. Heaters inside the rods warmed them, while probes monitored their temperature. The water-loving rods could only ever reach 106 °C, because the water was always coming into contact with the metal and cooling it. But the coated spheres got up to 250 °C, because they were constantly protected from the cool water by the vapour layer.
The next step, says Patankar, is to try to get the vapour layer to form at temperatures much lower than the boiling point of water. Water can exist as either liquid or vapour at room temperature, but it requires energy to stay in the vapour state. Patankar thinks that a surface could be designed that would make the vapour state more stable. A coating could then be used to form a vapour layer round a ship's hull to reduce drag or discourage organisms such as algae or barnacles from attaching themselves to the ship, he suggests. "It will be mind-blowing," says Patankar. "Who thinks of getting a vapour without heating?"
This article is reproduced with permission from the magazine Nature. The article was first published on September 12, 2012.


text:
|Home Refrigeration Refrigerators Bottom Freezer Refrigerators Viking 5 Series VCBB5363ELBK
+ Product Information
Brand: VIKING
Model: VCBB5363ELBK
+ Appearance
Color: Black
+ Dimensions
Width: 36.0
Depth: 24.0
Height: 84.063
+ Technical Details
Energy Star Rated: No
Viking vcbb5363elbk
In the 70's Fred Carl Jr., a fourth generation building contractor was building kitchens for his clients and saw many of them used commercial ranges in their home. When it was time for him to build his own kitchen, he realized the commercial ranges that were offered were not well suited for the home. His wife wanted a classic looking range like the old Chambers, her mother used to use. His solution was to create a hybrid range that would combine the look and styling of commercial ranges and yet have the safety features and sizes home consumers desired.
Consistency in both performance and design should be a major consideration when building or remodeling a home. With the complete Viking indoor or outdoor kitchen, every single product works together in form and function with the same level of excellence. It's something Viking calls Design Integrity.
Viking offers complete ultra-premium kitchens and truly consistent design, while delivering the quality and performance that make Viking the true market leader. Across all product categories, the knobs, handles, bezels, curves, angles, and lines all follow the same design cues â even the grain of stainless is the same from product to product. This enables the designer to create a perfectly harmonious kitchen in one of three Viking product offerings â Professional Indoor, D3 Indoor, or Professional Outdoor.
You wouldn't install mismatched cabinets and drawers or countertops. Yet design differences are even more dramatic between multiple appliance manufacturers. Traditional or contemporary. Stainless or color finish. No matter the look you're going for, no one can match the Viking kitchen and Viking Design Integrity.
Viking Built-in refrigerator-freezers
Freestanding refrigerator/freezers, refrigerated drawers, and ice machines are available in Stainless Steel (SS) only.
Built-in full-height wine cellar
Outdoor refrigeration products
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Pro Chill Temperature Management
Pro Chill Temperature Management System with variable speed DC Overdrive compressor. Single compressor system includes the quietest compressor available. Electronic controls provide precise temperature management with digital readout
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New Spill proof Plus Shelves with Nano technology create an invisible barrier to contain spills and maximize usable space. 3/8" thick tempered glass shelves provide industry leading durability
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The Plasmacluster Ion Air Purifier uses ions to eliminate airbourne bacteria and mold spores, remove odors and enhance food preservation. Plasmacluster is a trademark of Sharp Corporation
Metal Door Bins
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Adjustable Humidity Zone Drawers
Produce the freshest leafy vegetables and fruits in moisture-adjustable drawer(s) with soft-close feature
New Robust Hinges
Robust DuraHinge allows optimal door rotation and maximum durability
Led Lighting
• All items are in clear view with bright energy efficient LED lighting from top and sidewalls
• Ramp on theater lighting provides better visibility
Specialized Refrigeration Storage
• Two adjustable Humidity Zone Drawers with new soft-close slides
• Humidity can be set high for leafy greens or low for fruits and vegetables with skins
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• Full extension main freezer compartment pulls out like a drawer for easy access to bulky frozen foods
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• Upper freezer basket slides independently of main freezer compartment; ideal for fragile or frequently used items
• Adaptive defrost controls the timing of the defrost periods, instead of an electromechanical defrost timer
• Extends to 96 hours improves food storage because the unit defrosts less often
• Factory installed automatic ice maker features large-capacity ice bucket
• Door alarm sounds and glows to warn that fresh food door and/or freezer drawer have been ajar for three minutes, and that the temperature has risen above normal operating range


text:
Girls' sports may draw bigger crowds — and raise more money — than boys' sports, so how come women's pro leagues aren't more successful?
According to a story by Katie Thomas in today's Times, families are more likely to travel with their daughters to sporting events than with their sons. "There are far more people who will travel with 12-year-old girls than even 12-year-old boys," explains Don Schumacher, executive director of the National Association of Sports Commissions, "And vastly more people will travel with 12-year-old girls than 18-year-old boys." This may have to do with families being more protective of girls, or with moms being more likely to attend girls' events.
Whatever the cause, the phenomenon translates into money. Families who travel with their kids stay in hotels, eat in restaurants, and buy things. Mika Ryan, president of a sporting commission in New Jersey, says she considers the often more lucrative nature of girls' sports when booking events. And now that it has built a new softball complex, the city of Chattanooga, Tennessee is enjoying a boost in revenue from girls and their families. At least one naysayer doubts that girl athletes buy more than boys. Bobby Dodd, president of the Amateur Athletic Union, says, "I have three granddaughters. They love to shop. But I can tell you my boys darn near love to shop as much as the girls." Dodd's words notwithstanding, it's clear that girls' sports are getting attention from families and businesses alike.
Though it's a little sad that families feel they have to "protect" their girl athletes more than their boys, it's nice to hear that the days of ignoring girls' sports are over. Not so, however, for women's sports. On NPR, Frank Deford examines the financial difficulties of many women's pro leagues. The Women's United Soccer Association folded in 2003, the WNBA's Houston Comets are the only major sports team so far to go out of business in the recession, and the LPGA recently fired its commissioner amid a loss of sponsorship contracts. According to Deford, women just don't want to pay to watch women's games.
The solution: sex! Reacting to a Wimbledon official's comment that it's often the hottest female players who are chosen to play on show courts, Deford writes,
Everybody was aghast at such overt chauvinism, only the harsh reality is that until women start stepping up and buying tickets for women's games, then - like it or not - sex may simply be good box office.
Ten years later, what do most people remember about the 1999 World Cup - that Brandi Chastain scored the winning goal? No, that Brandi Chastain took her shirt off.
But apparently teams think only the "right" kind of sex sells tickets. According to Mike Wise of the Washington Post, the WNBA's Washington Mystics don't have a kiss-cam at their games because they're worried about displaying lesbian fans kissing. Lindsey Harding, the team's point guard (pictured, right), says, "We wouldn't broadcast on our Jumbotron about abortion issues because of the religious and political conflicts it would cause. It's a similar, sensitive subject. We don't want to put anything out there to turn down certain fans." A lesbian kiss similar to abortion? Apparently, if all you're thinking about is the box office, yes. Wise writes,
This is a seminal, scary time for women's professional sports. Ten years after Brandi Chastain's ab-crunching moment in the women's World Cup ushered in a new era of empowerment, less than half of the LPGA Tour's 29 events have secured sponsorship for next year. Though attendance numbers are up in Washington, the league can barely pull in an average of 8,000 people per game and many of its arenas hold 20,000.
In a time when TV networks stay silent about male athletes' rape allegations, how come women's teams have to curry favor with bigoted fans? Is it really true that women don't want to pay to watch women play? Or are women's professional sports just too new — and as yet too under-marketed — to capture the kind of audience that men's sports have? Just because we live in a culture where women are more often celebrated for their looks than their athletic prowess doesn't mean all women athletes have to take off their shirts. It just means we need to train audiences to follow women's sports with the same rabid passion they've long had for the Dodgers or the Lakers. And given the fact that families seem to turn out in droves to watch their girls compete, that shouldn't be so hard to do.
Girls' Sports Pack Economic Punch [NYT]
Deford: 'That's No Lady, That's An Athlete!' [NPR]
Mystics Give Big Issue The Kiss-Off [Washington Post, via Pandagon]


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Tuesday, December 05, 2006
A cold to remember…
Thousands of my fellow Missourians were without power after last week's storm and thousands still are. The temperatures dropped well below freezing. Several people lost their lives to the cold…to accidental poisonings as a result of home generator accidents…to car accidents and other storm tragedies.
As the power is slowly being restored, the news gave account after account of the physical and emotional distress being out of power in the frigid cold has on an individual.
The fact is that being cold, constantly hustling to stay warm and survive…the fear and physical pain of freezing temperatures are the norm for many people. The homeless and the poor often face the cold of night…those same conditions that drove us to whine and keen as if suffering the relentless terrors of hell are reality for thousands in every community.
This was indeed a cold to remember, so let's all remember it even after the heat comes back on.
Get to know what agencies are working to end homelessness in your community and please support the work that they do.
Places for People, Doorways and Haven of Grace are just a few of the organizations working with the diverse homeless population in St. Louis.
This has been weighing on my mind…and this is my motherfucking blog (wink)…so a bitch wanted to share my thoughts.
Stay warm in mind, body and soul…
4 comments:
- Maya's Granny said...
We've had over 60 inches of snow since mid-November, and the snow plows have not been able to keep up. At my apartment, which is on a hill with only two narrow streets going up, the plows have been unable to get the snow removed clear to the sidewalks and the fuel trucks haven't been able to get up. My building has been without our regular, oil heat for two days. We are using electric space heaters, and that is cold enough since they don't heat the entire apartment. I'm sleeping in warm socks, warm nightie, heavy bathrobe and under every blanket in the house -- how awful it must be for people in St. Louis without the help of electric heaters I don't even want to think about.
- Nancy in NYC said...
Thanks for your post. It was 19 with wind chill this morning in NYC (I know that's nothing compared to what you've had, but considering that it was 60 on Sunday, the change was pretty harsh), and my thoughts also turned to folks without heat and/or without homes. I passed the homeless shelter where I used to work around lunchtime and no one was hanging around outside. I knew that inside it would probably be packed for lunch, with folks scrambling for seats while keeping an eye out for their stuff.
So thanks for reminding me that it's been a while since I did anything for folks who are cold while I'm warm, or ill while I'm healthy. Think I'll stop by the shelter and help serve lunch, or do some runs for God's Love We Deliver (meals for people with HIV, many of them too vulnerable to leave their homes, especially in the cold).
Dear Miss Shark-fu, my girls in creative writing 101 would like to ask permission to use and quote your last post as part af their Christmas term assignment. Cold has settled over Canada too and like you we have our share of homeless, ill, lame, abandoned and destitute souls who suffer a great deal during this season. I have asked my students to turn in their paper modelled on yours, always with your permission of course, in the hope that it will stir something inside them to look beyond the comfort of their little universe. I know how much they like and respect your writings so I am hopeful they will turn in a good paper and that it will carry on a lillte bit beyond just words. Awaiting your permission, your rruly #1 fans above the 49th paralell, Kirin & the creative writing class 101
- Shark-Fu said...
nancy in nyc...go on with your bad self!
kirin...permission granted and thanks for asking. Oh and e-mail me some of the work...a bitch loves a good read!
The Gumdrop Stage of Grief ...
So many of you have shared condolences and support after the death of my beloved brother Bill from COVID-19. I wish I could thank you indiv...
Okay, so most of you know that this bitch has some evil assed fibroids . Most of them were successfully murdered with full premeditation se...
So many of you have shared condolences and support after the death of my beloved brother Bill from COVID-19. I wish I could thank you indiv...
I was slightly illish this weekend and took to my bed Saturday, but I did rally for Brother Rob Thurman's fantabulous cookie decorating part...


text:
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text:
Jane Brown, 24, [No occupation stated]
- Item
- 4 Apr 1890-9 Apr 1890
Occupation or role: [No occupation stated]
Age: 24
Gender: Female
Date of admission: 4 Apr 1890
Date of death: 9 Apr 1890
Disease (transcribed): Otitis media. Cerebellar abscess. Thrombosis of lateral sinus
Disease (standardised): Otitis media (Ear); Abscess (Brain); Thrombosis (Transverse sinuses)
Admitted under the care of: Cavafy, John
Medical examination performed by: Sisley, Richard
Post mortem examination performed by: Rolleston, Humphry Davy
Medical notes: Twelve years before her admission the patient said she had a tumour behind her right jaw. This was removed. For twelve years the woman had deafness of her right ear. Six months before her admission she began to have an offensive discharge from her right ear.
Body parts examined in the post mortem: Brain, larynx, oesophagus, thyroid, lungs, heart, peritoneum, spleen, pancreas, kidneys, bladder, uterus and ovaries
Illustrations: Yes
Type of incident: n/a


text:
Thursday, September 1, 2011
31 And the Verdict is...
Earlier I shared how our first day of school went, and thank you all for your kind comments! Of course I knew they were going to be OK, but it's one of those unexplained feelings of "the unknown" that eats at you until... well... until you know!
Peyton's bus rolled up first. Right on time! And he came running up with smiles and a great note from his teacher mentioning that he had a GREAT first day!
First sigh of relief.
We hung out and chatted about his day for the next 20 minutes until the next bus rolled up, again right on time!
When I asked Preston how his first day of middle school went, all I got was, "It was kinda boring, we didn't even learn anything new today." Wow, not quite the answer I was expecting. I mean seriously, it's middle school and that's all he has to say?! Talk about making me giggle!
I knew it would only be a couple more minutes tops until my little Mr. Parker would be coming off of his bus with what I was hoping would be giant grins of happiness and joy. But minutes passed and he still wasn't home. More minutes. I started calling people. Getting worried. I had a feeling that it was just first day adjusting, but when he left the way he did, that 15 minutes of extra waiting felt like hours. The boys and I were stalking the end of the driveway...
Then, the roar of his bus! Wahoo! Finally!!
And? Guess what?
He was JUST fine!
Of course I had all sorts of questions for him all about his day and how the bus ride went and everything in-between. He said he didn't want to get off of the bus at school, but he finally did and ended up having a really fun day. And when I asked if he would feel good about getting on the bus next time, I got a, "maybe".
Thanks all for following along with us during our day of firsts! We are excited for all of the fun that the new school year will bring!
31 comments:
Glad to hear their first day of school went well! The "it was kind of boring" about middle school thing made me giggle too. =D I hope the rest of their school days go just as good as today! =DReplyDelete
- Erin G.September 1, 2011 at 5:05 PM
Your babes are beautiful. You should be so proud as a momma, for your 3 greatest accomplishments. I can only hope that God will bless me someday with such beautiful children.ReplyDelete
Their smiles says it all... Awesome!ReplyDelete
So glad everything went well. My baby starts school next year. I am not looking forward to the empty house/nest feeling you talked about. But I know that's how I will feel with both of my boys in school. They grow up too fast :(ReplyDelete
Yes for kids coming home! I am shocked 5th grade is middle school there. They don't go until 7th grade here. I went to the middle school with my 5th grader yesterday to pick up an instrument and I was disturbed the constant foul language. It made me want to home school through middle school! Hopefully yours is not the same!!ReplyDelete
- Dawn BurgessSeptember 1, 2011 at 6:21 PM
Your little men are so adorable! The smile on their face is awesome! I am surprised to hear 5th grade is Middle school too! Where I am at 6-8th grade is middle school. I hope the school days just get better!!ReplyDelete
P.S. I love your blog!! I am a recent new reader (within the last two months) and you've given me a TON of ideas! :)
They are so adorable:) Glad they had a great first day at school!ReplyDelete
yay! Glad the first day went great. You have beautiful boys!ReplyDelete
It's such an unknown - you just don't know what they might experience on their first day and how they will cope. It sounds like you all made it through fine.ReplyDelete
Your boys are so darn cute. I can't stand it. They make me giggle too. You're so good about taking pictures to capture the moments. Thanks for sharing.ReplyDelete
- natashaSeptember 1, 2011 at 7:56 PM
You have a beautiful family, Jen! So happy to hear all went well! yeah!!!ReplyDelete
It is so great that you are documenting all of these firsts! My BIG little one starts school next week, and I am absolutely taking pictures! Glad they had a great time!!!ReplyDelete
Your boys are just too cute!! A beautiful family!!ReplyDelete
WOW!!!!! three different schools. How are the grades broken up in schools? Glad to hear that the first day was good except for the boring middle school LOL.ReplyDelete
YAY!! Glad to hear it was a great day. They are just so cute all dressed alike! LOVE IT!!ReplyDelete
Awww they are too cute. These posts about your sons are making me so excited to meet my little boy this November :DReplyDelete
such handsome boys!ReplyDelete
So glad they had a great first day! It is interesting to hear how different each state is in their age for middle school. Ours early on was even different by county. Now middle school is 6-8. I know most who start in 5th have middle than junior high, then high school. We go straight from middle to high school here.ReplyDelete
You have such beautiful children! I'm glad that the first day turned out well.ReplyDelete
Ah Jen! Your kids are absolutely GORGEOUS!!!ReplyDelete
Hi Jen,ReplyDelete
Love your blog sooo much-totally addicted. here in NY we don't start school until next Tuesday but the anticipation is really causing lots of anxiety for me mostly. Isabella, my 6th grader is starting middle school too so I can appreciate every single thing you are saying. My Julia is starting Kindergarten so we are also experiencing a lot of firsts too. I usually get from my daughter"everything was fine" "good" "nothing exciting". Because she knows I'm dying for more information. My little one goes on and on detailing everything from the outfit her teacher wore to which one of the girls in her class has the potential to be her best friend. Your boys are precious, absolutely gorgeous. Good Luck! You have a terrific blog and I love your etsy store but more importantly you are a terrific mother and that I think is the best success of all. Love,Beth
I am so glad they had a great first day! About a week before my little man started pre-k, I went through what I guess, was separation anxiety from my son! I laid in bed one night thinking (and crying), "Can't I just wait in the parking lot for him, that way I can watch him on the playground to make sure he is ok?" Sounds crazy now, but I was grieving (maybe not grieving but I can't think of the right word) I guess in a way. My baby wasn't a baby anymore. That's hard to swallow. Seems like we just woke up one day (really like the day after he was born), and he was 4 years old! So I totally understand the wanting to know and worrying until you do!ReplyDelete
First, your boys are TOO adorable. I have 2 boys, ages 5 and 2 and my big guy starts kindergarten next week. I printed the sign for his picture (thanks for the link) and am sure I will get NOTHING done at work that day, while I wait for his bus to bring him back home.ReplyDelete
Glad to see you survived and your boys had a great day.
I just have to say that your boys are delicious!!! What cuties:) God bless.ReplyDelete
OMG. . .your boys are absolutely gorgeous. Is that alright to say. . ..not too girly? Anyways, they are seriously good looking kids! Glad they all had a great first day at school. I'm getting ready to send my little man off to his first day of Kindergarten this coming Tuesday and I think I'm going to spend the entire weekend having panic attacks and breakdowns. He's totally fine with it, but Mommy is a great big mess!
can i just say how much i love ur blog. I've been working on my mommy planner / home management book incessantly and gave up several times til i was inspired by urs. ur rooms and ideas u put into place are perfect! glad to hear ur boys had a great day. they are beautiful!! as are u :) xoReplyDelete
I am soo glad to hear the first day went super great! What a relief! I was anxious and nervous for you:)ReplyDelete
- AnonymousFebruary 5, 2012 at 6:48 PM
I am late reading these last few...lol, but I just want to say you've done a TERRIFIC job mama! You and your hubs make the most handsome young men! :)ReplyDelete
Jen, you have some beautiful, handsome boys. You seem to be doing a great job in raising them. You and your husband. Keep up the good work!ReplyDelete
OHEMGEE...look at those sweet faces!!!! So dang cute...can't wait to see them all in person soon!! xoxoxoReplyDelete
Thank you so much for taking a moment to join in on the conversation! I read and appreciate each and every comment, however, I will remove any comment that I believe to be inappropriate, malicious, or spam-like. I would love for this comment section to be used as a place to engage in purposeful dialogue, I only ask that everyone remains constructive and considerate.
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text:
Build a Wood-Framed Bathroom Mirror Shelf
This simple shelf lets you cross two things off your bathroom wish list: a convenient mirror over the sink and a handy area for toiletries
- 1 x 6 pine board, 9 feet long
- 3/4-inch plywood, cut to 2 feet by 2 feet
- Glass mirror, cut to ¼ inch by 2 feet by 2 feet
- Wipe-on, water-based finish
- Tape measure and pencil
- Combination square
- Jigsaw or handsaw
- Sandpaper or sanding sponges, 100 grit, 150 grit, and 180 grit
- Hammer
- Finish nails, 2¼ inch
- Wood glue and paintbrush (to spread glue)
- Microfiber dust cloth
- Mirror adhesive with caulk gun
- Power drill, with bits
- Screwdriver
- Carpenter's level
- Cleat picture hangers, with fasteners (and wall anchors if needed; see step 6)
- Cut the frame. Using the tape measure, pencil, and combination square, mark 24 inches from one end of the pine board. With the jigsaw or handsaw, cut out the piece. This is the bottom of the shelf. Then, from the same board, mark and cut a piece at each end that is 24¾ inches long. These are the sides. Finally, cut a piece 25½ inches long, for the top.
- Sand the wood. With the sandpaper or sanding sponges, smooth any rough spots. Start with the coarsest grit and work up to the finest. Don't round over the corners just yet.
- Attach the sides to the bottom. With the hammer, tap two finish nails into the outside face of each frame side, 3/8 inch from the bottom, 1 inch from the front and 1 inch from the back. Hammer just until the nail tips protrude on the other side. With the paintbrush, apply glue to one of the cut ends of the frame bottom. Align the glued area with the inside face of one frame side, where the nails are protruding. Tap in the nails a bit to lock in the position. Rotate the assembly so the side is on top. Hammer in the nails. Attach the other side to the bottom the same way.
- Add the top. Tap two finish nails into each end of the outside face of the top piece, 3/8 inch from one end, 1 inch from the front and 1 inch from the back. Then, 3 inches from each end, start two nails 3/8 inch from the back edge (these will nail into the plywood). Tip the frame so it rests on its bottom, and spread glue on the top edges of both frame sides. Align the top, and hammer in the 4 nails at the edges. Place the frame face up on your workbench. Lower the plywood into the box. Tap in those nails. Then, rotating the frame as needed, continue to nail in the plywood all the way around, using a total of four nails per side.
- Finish the frame. Do any touch-up sanding, including rounding over the front edges. Wipe off the sawdust with the dust cloth. Apply the finish as the manufacturer recommends. Let dry.
- Add the mirror and hang. Using the caulk gun, spread mirror adhesive on the plywood or the back of the mirror, as recommended on the adhesive label. Lower the mirror into place, and press down firmly to spread the adhesive. Let dry for at least two days. Locate studs within the wall. Using the drill, screwdriver, and carpenter's level, attach the cleat picture hangers to the studs and to the back of the plywood. If you can't find studs, install wall anchors. Hang the frame.


text:
Scotch tape, that transparent, sticky hero of offices everywhere, could be a NASA superstar as well.
The rolled-up adhesive tape is the inspiration behind a novel idea for a completely new kind of X-ray mirror for big telescopes in space. The concept, dreamed up by NASA scientist Maxim Markevitch, is this: Instead of building an expensive telescope mirror to capture high-energy "hard" X-rays in space, why not create a mirror from tightly rolled plastic tape at a much lower cost?
"I remember looking at a roll of Scotch tape and thinking, 'Was it possible to use the same design for capturing hard X-rays?'" Markevitch explained in a NASA statement. "I talked with a few people, and to my surprise, they didn't see any principal reasons why it couldn't be done."
Markevitch and a team of other X-ray space optics experts at NASA's Goddard Space Flight Center in Greenbelt, Md., have begun testing materials that could be used to build a rolled mirror sensitive enough to collect hard X-rays from deep space. [Giant Space Telescopes of the Future (Infographic)]
Capturing 'hard' X-rays
Several space telescopes already scan the heavens for X-rays today, including NASA's Chandra X-ray Observatory and black hole-hunting NuSTAR instrument, as well as Japan's New X-ray Telescope (which is also known as Astro-H).
But Chandra is sensitive to lower-energy "soft" X-rays, and NuSTAR and Astro-H have limited collecting areas that allow them to only "graze the surface" of possible discoveries in the hard X-ray realm, Markevitch said.
To really do the job, scientists need an imaging X-ray telescope with a collecting area perhaps 30 times larger than that of NuSTAR, he added. If such a telescope could be built, it could study galactic cosmic rays, super-fast subatomic particles generated in deep space.
Scientists believe cosmic rays and the magnetic fields between galaxy clusters can alter the physics within clusters. A better understanding of these physics could reveal more about the birth and evolution of the universe, Markevitch said.
But a telescope capable of making such finds using current technology — which would require building a large number of individual mirror segments, coating them with reflective material and them nesting them precisely inside an optical assembly — doesn't appear to be coming along anytime soon.
"However, to our knowledge, nothing of the kind is planned or even proposed in the U.S. or elsewhere because of the cost something like this presents," Markevitch said.
Just a concept — for now
Markevitch and his team hope a new way of thinking could help push such a project along.
Their idea calls for coating plastic tape on one side with multiple layers of reflective material, then winding the tape into a roll to form a large number of densely packed nested shells. This process could theoretically create a mirror with a huge collecting area, Markevitch said.
While the team is currently testing candidate materials, the idea is still a long way from getting off the ground.
"Maxim's Scotch tape idea is in an early stage," said team member Will Zhang, also of NASA Goddard. "In the next year, we will know whether it has a chance of working."
If the tape does indeed work, it could be "game-changing for hard X-ray astronomy," Markevitch said. "It could significantly reduce the cost of building large mirrors, bringing within reach the possibility of building a mirror with 10 to 30 times greater effective area than current X-ray telescopes."
Follow SPACE.com for the latest in space science and exploration news on Twitter @Spacedotcom and on Facebook.


text:
Guidance to designing and constructing long-life composite pavement systems that provide durable, sustainable aggregate surfaces at a potentially lower cost than conventional pavement.
New Composite Pavement Systems (R21)
Many agencies today are faced with the challenge of being sustainable (that is, using recycled materials) and economical in rehabilitating pavements, while also providing for a long service life. A few agencies today also face the challenge of having a limited source of quality aggregates, thus having the added cost of importing materials. Pavements that combine new asphalt over concrete, and/or 2 lift concrete generally have a long service life with excellent surface characteristics, structural capacity, and the ability to be rapidly renewed. However, the majority of roads containing these composite pavements resulted from maintenance and rehabilitation activities. Few roads are intentionally designed to utilize composite pavements because reliable guidance for designing and using these materials has been lacking. U.S. Transportation agencies require guidance, specifications, objective and reliable performance data, and life-cycle cost analyses to support use of these pavement systems.
SHRP2's Composite Pavements Solution provides detailed performance data on existing composite pavement systems, and offers step-by-step guidance on two types of composite pavements (Hot-Mix Asphalt (HMA) over Portland Cement Concrete (PCC) and PCC over PCC [constructed wet on wet]) using procedures consistent with the Mechanistic-Empirical Pavement Design Guide (MEPDG).
With the new guidance, models, techniques, and specifications, State and local departments of transportation and other organizations can have confidence that the new composite pavement systems they install and maintain will be long lasting and have predictably low life cycle costs. Agencies will no longer need to develop construction specifications and quality management guidelines on their own, but instead, can consider using these guidelines. The training tools and case studies include relevant design and construction issues, and are essential to widespread adoption and use of composite pavements.


text:
Part of the Office of Institutional Advancement, the Marketing and Communications Office represents Albion College to alumni, parents, and friends, as well as to prospective students and the general public. Through publications, news media, the World Wide Web, and other forms of communication, we inform all of these constituents about the high quality and diversity of our programs, promote upcoming campus events, and celebrate the achievements of our students, graduates, faculty, and staff.
The Marketing and Communications Office staff is available to assist all campus offices and departments in achieving their particular goals. We can help plan, design, and execute communications that reach out to prospective students or donors, attract an audience to an event, or otherwise deliver important information in a timely and effective manner. The staff has extensive experience in a variety of media, both print and electronic. When a project demands expertise or equipment beyond what's available on campus, such as professional photography, video production, large-scale sound and lighting support, or mass mailing services, the Marketing and Communications Office staff can help identify and arrange for well-qualified vendors of these services. We are also charged with implementing and stewarding the College's visual identity strategy.
For specific help with a communications project, submit a creative work plan at least 3-4 weeks prior to the date when your project must be completed or your event is planned.
For general comments or questions, please contact the Marketing and Communications Office.