Bexley residents Jim Elliot and John Behal create an eye-catching, four-season landscape.

Stroll by Jim Elliot and John Behal's Bexley home any day of the year, and there's always something in the garden that stands out. On frosty February days, hellebores hang like pink and chartreuse lampshades beneath large fan-shaped leaves. In March and April, cheery yellow daffodils and purple creeping phlox bring color to their home's visible corner lot. The show continues through the summer months with daylilies, roses and lavender. During autumn, red and golden Japanese maples enhance the view and during winter months, evergreen conifers and fruit-filled hollies punctuate the landscape.

Such a non-stop, year-round color palette may be elusive for many Central Ohio gardeners, but not Elliott, this garden's primary planner and caretaker. (He shares hardscaping projects with his architect partner, Behal.) Elliott says he has gardened since his childhood and can fully indulge his passion now that he's retired from a career in textbook publishing.

"I think of the garden as a painting, and you fill in different colors," says Elliott, a fine arts and botany major in college. He started gardening with his grandmother at her large garden in Alton, just west of Columbus. "As payment, she gave me plants," he says.

At his childhood home in West Jefferson, Elliott says he would go into the woods and bring wildflowers home to plant. This gardening passion flourished through his adult life. In German Village, he tended a shady garden at a house he shared with Behal.

When the two bought this Bexley home 16 years ago, Elliott was delighted to gain some sunny locations for all the plants he says he "coveted" but couldn't grow in his shady German Village garden. The stone home they purchased in Bexley, built in 1912, offered plenty of charming curb appeal and great views of the outdoors from the living room, dining room and sunroom.

The couple's first project was a stone retaining wall along the front of the house. "It was one of those slopes where grass wouldn't grow, and the space got all weedy," says Elliott.

The two studied stone walls while vacationing in Connecticut. There, they photographed several ideas and eventually decided on a wall using fieldstone with plenty of lichens and discoloration to complement the character of the home's aged stone exterior. Once the retaining wall was finished, Elliott filled the terraced area behind it with a mix of perennial plants. In the space's early years, he added annuals until the perennials filled the space. Now, he makes room for annuals to bring ongoing color to the landscape, in addition to adding a perennial border in front of the stone wall.

Over the years, the traveling couple found plenty of gardening inspiration while touring English gardens such as Sissinghurst Castle Garden. The celebrated landscaping there is known for its hedged garden rooms filled with cottage style plantings. From these English garden tours, Elliott borrowed several ideas, such as intermixing plants and repeating plant colors like chartreuse Lady's Mantle for design impact.

"I repeat anchor plants, so the beds don't look so chaotic," Elliott says. Still, he encourages some disorder like the dainty corydalis plants that voluntarily pop up throughout the flower beds each spring.Elliott turns to gardening books for more ideas. Two of his favorites are "The Natural Shade Garden" by Ken Druse and "Colour in the Garden" by Penelope Hobhouse.

In the backyard, the couple added a bluestone patio and expanded the back porch into the shade of an old crabapple tree. Behal added his expertise with a custom-designed fence featuring an arched gate and corbels. He also dressed up the back porch with a trio of columns and two trellis panels. Along the property line, they enhanced a row of junipers with viburnums, holly and a red beech to create a lush privacy screen. Elliott filled the patio's surrounding beds with shade-loving perennials including brunnera, corydalis, lungwort, hostas, ferns, wild ginger and hellebores.

"I like when a garden has elements you don't see at first glance," says Elliott as he points out the diminutive white bell-shaped blooms secretly suspended beneath the fronds of Solomon's Seal.

To the west of the porch, a mature magnolia tree provides shade to a bed framed with boxwoods and filled with oakleaf hydrangeas and English ivy. Virginia creeper vines climb the side of the garage, softening the wall alongside the patio. Near the driveway, flowering forsythia and quince shrubs shine in spring with gold and salmon blooms. A bubbling stone fountain completes the backyard space with its soothing sounds. It also provides a gathering spot for the area's songbirds.

Over the years, Elliott says the property's clay soil has been a challenge, but he's amended it with leaf mulch from fall cleanups and bags of mushroom compost applied in the spring. However, when it comes to mulch, he is not a fan. "I don't believe in mulch," he says. "If you space plants close enough, you don't need mulch. Others spend on mulch what I spend on plants."

Besides his perennial garden, Elliott also tends a vegetable plot at a community garden he shares with a friend at the Franklin Park Conservatory, where they grow tomatoes, lettuce, kale, herbs, beans, carrots and beets.

Whether at his home or the community garden, this incessant gardener confesses the work is intensive during the growing season. But soon enough, he'll be tucked away in his warm sunroom admiring the snow on the conifers or watching birds steal berries from the holly.

A Four-Season Garden

If you're looking for a plan to create a four-season garden, Jim Elliott suggests the following plants:

?Shade perennials: corydalis, brunnera, lungwort, wild ginger and foam flower

?Sun perennials: lady's mantle, penstemon, spiderwort and evening primrose

?Bulbs: daffodils

?Flowering trees and shrubs: magnolia, serviceberry, viburnum, forsythia, quince, rhododendron and mahonia (Oregon grape)

?Perennials: day lilies, bear's breeches, artemisia, honeysuckle vine, clematis, salvia, phlox, hardy geranium, lavender, catmint, bee balm and roses

?Annuals: begonias, zinnias, lantana, ageratum and alyssum

?Flowering shrubs: hydrangea

?Foliage favorites: hostas and ferns

?Shade perennials: barrenwort and ferns

?Sun perennials: Japanese anemone and sedum

?Colorful trees and shrubs: Japanese maples, barberry and oakleaf hydrangea

?Evergreens: pine trees, holly, boxwood, junipers and taxus

?Fruiting shrubs: winterberry and cotoneaster


Coming up tomorrow night on Jamie’s show…..Tune-Yards

Jamie features Tune-Yards in session at the BBC Maida Vale Studios.

Tune-Yards is the creation of American musician Merrill Garbus, who takes her influences from Afro-beat, jazz and traditional folk.

With a band consisting of two saxophonists and live voice and drum looping, Tune-Yards are an exciting group to hear perform live.

Listen from 7pm online here.

What Do You Think?


Introducing Context & The Reptilian Brain

“Neuroscientists have discovered over the years that our instinctual self has a greater impact on our final decision than the rational us, or even the emotional us.” – Patrick Renvoise

As humans, we rarely know what we truly want. In fact famed behavioral economist Dan Ariely has deemed even our most reasoned decisions as driven by emotion or influenced by outside forces. So in sales, this insight, that our instinctual brain is better at determining what we want over our rational or emotional brain, can lead us to closing more business versus the dreaded and familiar, “…I’ll think about it” when leveraged the right way. However, rooted in dense backgrounds such as behavioral economics and neuromarketing, how can we simplify this knowledge and apply it to our own world? With our biggest competition in sales being no decision, or status quo, sales reps need to now, more than ever, that introducing context into the equation early on can make them stand out and move the sale forward effectively.

Before we look directly at context, let’s lay the foundation with what leading neuromarketer Patrick Renvoise refers to as, “awakening the reptilian brain“. The process, a combination of speaking to self interest and leveraging human’s respondent nature to contrast and visuals, can organically lead the prospect from cold and uninterested, to warm and ready to move forward. While easy to confuse with manipulation at first glance, this is far from manipulating the truth to appeal to the prospect, and instead, speaks to a more urgent need. As the inclination for status quo on the side of the prospect is too heavy of a force to depend on a stock PowerPoint, you, the salesperson, will have to move the prospect through the sales cycle and into becoming an active client. Why not use everything at your disposal to make the task easier?

Context – Sales context aligns the right solution with the right business challenge the prospect is facing. According to strategist Tim Riesterer, context creates a “clear, compelling sense that they won’t be able to hit their objectives by staying where they are that will prick the old brain’s survival instincts and cause it to start looking for an alternative to the status quo.” Some key questions to use that will create context are:

What was your biggest challenge last year?

What issues are at the utmost priority at the moment, and what’s the biggest roadblock standing in the way?

What steps are you taking to alleviate this problem?

What has happened in the past when you miss your target?

What does that mean for your boss and customers to fall short in this area?

Have your competitors been able to solve this problem?

Would your top 5 customers agree with your assessment, or have you put them in a position to need to shop around?

This line of questioning creates an opportunity for you to attain the prospects point of view enabling you to attack pain points that matter to them most. I will continue to explore more on the reptilian brain, as well as other neuromarketing concepts to stand out among others targeting the same leads. Please analyze your pipeline and recent sales correspondence to see where this can fit into your process. Perhaps adding one context driven question into your discovery can frame the conversation the right way for you to finally create a sense of urgency on the side of the prospect. Let me know if this resonates with you or if you already leveraging context with prospects and how you do it! Good luck in the field and have a productive week!

Aston Fleming

Further Insight:


Peter Piper Peter Piper - 1 year ago 75
Ruby Question

Check if two ranges overlap in ruby

I know that I can do:

=> true

But when I try to do the same with another range it always returns false:

=> false

So my question is - is there any elegant way to compare two ranges in ruby? In my case I want to check if two DateTime-ranges overlap. Thanks in advance.

Answer Source

While the conversions may be wasteful, semantically comparing sets seems to make the most sense:
#=> true
#=> false

If you don't want to do that, you can do something like this (with r1 and r2 being ranges):

r1.cover?(r2.min) && r1.cover?(r2.max)


Problem – extreme salinity around root zone

Mangroves prefer soils rich in clay – impermeable clay, but not too much of it! As one can understand, clays are mostly tiny particles, packed closely and tightly with each other. It makes water movement through rhizosphere(root zone) difficult which makes these soils poorly drained. Since water movement is not easy under such condition, Mangroves find it difficult to take up water for themselves? Well, that is a challenge!

The strategy to overcome the extreme:

The answer is  convection current. Red mangroves create a convection current to pull water (and salt along with it)from soil to roots. But they simply cannot take salt as well because too much salt inside would kill them! To overcome that, they leave salt outside on root surface(salt exclusion) as they continue to seep in freshwater. Mangroves have special  barrier formation that let Na+ and Cl- ions(figure below) from salts stay outside root membrane instead.

However, that leads to building up of a hypersaline condition next to mangroves roots which is bad for them as well! The saline condition is even more exaggerated by the low flow rates which is common for these impermeable soils. How that extra-salt is removed from their rootzone and role of crabs in that will be discussed in our future posts.

That is how my friend, mangroves, fixed on its position, keep manipulating living conditions (salt and water)around it and beyond, for itself and you and me and all!

Mechanism of salt exlusions at roots by mangroves

McGowan, Kelly T., and Jonathan B. Martin. "Chemical composition of mangrove-generated brines in Bishop Harbor, Florida: Interactions with submarine groundwater discharge." Marine chemistry 104.1 (2007): 58-68.


What Is Dandruff?

The skin on your scalp renews it cells every 24 days, just as any other skin cell on your body. New skin cells are formed underneath while the old cells slough off to uncover the new ones.  Scalp flakes are actually those old dead skin cells that naturally fall off the scalp.

A normal scalp has a pH of around 5 and a rich base of oil glands that keep the scalp and hair lubricated. Dry scalp and its further irritation and itchiness can be caused by using strong detergents, hard water, or change in your diet.  In addition, the lack of natural hair oils makes hair dry without natural lubrication. Seeing dullness in the hair may be one of the early signs of dry scalp.

Dry scalp can be treated easily by choosing mild shampoos and natural oil moisturizers to nourish dry scalp. Natural remedies such as apple cider vinegar rinse will help to restore the pH on your scalp and remove build up left behind by shampoos, conditioners, and other hair products.

Dandruff issue is slightly different. While dandruff is caused by excessive natural hair oil (sebum) production, it is greasy and yellowish white in color. Dandruff flakes are larger than dry scalp flakes and are harder to come off the scalp. Someone with dandruff will experience itching and usually has scalp odor.

According to the latest studies, dandruff may be partly caused by harmless yeast colonies on the human scalp.  In some people, the yeast starts to feed on the excess oil and dead skin cells on the scalp, causing the skin cells to shed more frequently and clump into flakes.

If you have dandruff, scalp hygiene is the key to recover. Cleaning out all the dandruff flakes using medicated dandruff shampoo with selenium sulfide, zinc, or ketoconazole will wash off excess oil and dead skin cells accumulated on your scalp. That leaves the yeast and fungi with fewer sources to continue to feed on. The natural remedy for dandruff is tea tree oil, yarrow oil and pepper mint oils, which help by balancing the pH levels and help the hair follicles and cells to be clean and unclogged of debris by promoting scalp with stronger blood circulation.

Please note that both extreme scalp dryness and dandruff problem could be a first symptom of certain health issues. This is especially important when a medical condition like hormonal misbalance, eczema or psoriasis is to blame.


Navodit Misra

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Synthetic lethal interactions in cancer hold the potential for successful combined therapies, which would avoid the difficulties of single molecule-targeted treatment. Identification of interactions that are specific for human tumors is an open problem in cancer research. This work aims at deciphering synthetic sick or lethal interactions directly from(More)
As computational and mathematical studies become increasingly central to studies of complicated reaction systems, it will become ever more important to identify the assumptions our models must make and determine when those assumptions are valid. Here, we examine that question with respect to viral capsid assembly by studying the ‘pathway complexity’ of(More)
MOTIVATION Cancer cell genomes acquire several genetic alterations during somatic evolution from a normal cell type. The relative order in which these mutations accumulate and contribute to cell fitness is affected by epistatic interactions. Inferring their evolutionary history is challenging because of the large number of mutations acquired by cancer cells(More)
Models of reaction chemistry based on the stochastic simulation algorithm (SSA) have become a crucial tool for simulating complicated biological reaction networks due to their ability to handle extremely complicated networks and to represent noise in small-scale chemistry. These methods can, however, become highly inefficient for stiff reaction systems,(More)
Stable random variables are motivated by the central limit theorem for densities with (potentially) unbounded variance and can be thought of as natural generalizations of the Gaussian distribution to skewed and heavy-tailed phenomenon. In this paper, we introduce α-stable graphical (α-SG) models, a class of multivariate stable densities that can also be(More)
Much modern work in phylogenetics depends on statistical sampling approaches to phylogeny construction to estimate probability distributions of possible trees for any given input data set. Our theoretical understanding of sampling approaches to phylogenetics remains far less developed than that for optimization approaches, however, particularly with regard(More)
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Principal’s Message

School PhotoDear Parents,

It is my pleasure to welcome you to Carden Academy.  As a Silicon Valley native and a product of the private school system myself, I can safely say that there is no place like Carden. When it comes to the two very basic components of education, access to information and social interactions, our society is changing at an unprecedented pace. At Carden Academy we understand that it is critical that we evolve and advance our teaching methods to meet the changing needs of students to better prepare them for academic and social challenges that lie ahead. We are dedicated to doing this in a way that allows students to enjoy the process of learning and to feel comfortable and supported in trying new things. This enables students to feel confident when challenging themselves without worrying about the outcome of their endeavors.

If I had to summarize what Carden is about, I would say the following:

Carden is a place where innovation and inspiration thrive

Our curriculum is based on two very basic principles – logic and application. Right from kindergarten we encourage learning by inquiry. The teaching techniques are focused on evolving the child’s critical thinking skills so that they learn to reason and understand how to connect information in a way that can be used to problem solve. In the process of doing so, they come up with new ideas and thought processes, and work together to make them applicable while constantly innovating and inspiring one another.

Carden is a place where imagination becomes application

We believe in balancing theoretical information with exposure to experiential learning. These experiences intrinsically motivate students to engage in their own learning as they become independent thinkers. Our goal is to provide the students the tools to make the relevant connections between what they learn and how it can be utilized, improved upon and made relevant to their world today and in the years to come.

Carden is a place where confidence and creativity grow

The way we teach at Carden lends itself to a lot of communication, collaboration and exchange of ideas among students. It is important that we offer a learning environment where children feel safe and supported in expressing themselves. The teachers are very mindful of the fact that the content needs to be delivered and assessed according to the varying abilities of the students. They invest the time to understand each child’s academic and social needs. This helps them create an atmosphere where children feel comfortable pushing themselves and have a sense of accomplishment. This in turn fosters creativity and confidence.

Carden is a place where friendships flourish

The hallmark of Carden Academy is its community. When we talk about friendships it’s not just the friendships among students, but also among the parents and teachers who are all part of our Carden family. They share common educational and parenting philosophies and everyone contributes to the warm and welcoming environment that makes Carden such a special place!

I want to conclude by saying that we understand that when parents drop off their children at school every morning they need to know that their child will be safe, loved and successful. We are committed to providing just that.  I invite you to come see how we do this and participate in the Carden experience.

Laura Wells

Contact Us
(408) 265-3392


Windows 10 Files and Folders

Test your knowledge of working with files and folders in Windows 10.

Good luck!

Test questions:

1. How do you select a file in File Explorer?

2. Can a folder contain multiple files with the same name?

3. Can a folder in Windows contain another folder?

4. How do you change the name of a folder or file?

5. Can you open a file by clicking a folder in the navigation pane on the left side of File Explorer?

6. What happens to the files when you delete them from the Documents folder?

7. How do you recover a file which you accidentally removed, after opening the Recycle Bin?

8. What happens if you click Windows10Map&Bestand_PijlnaarLinks in File Explorer?

9. What is a library in File Explorer?

10. What can you see in the address bar in File Explorer?

11. What happens if you drag a file from your computer to a USB stick?

12. What is meant by a folder in Windows?

13. Can you delete a folder all at once in File Explorer?

14. How do you release the selection of multiple files in File Explorer?

15. Can you recover files after they have been removed from the Recycle Bin?

16. Where do you go in File Explorer to view files on a USB stick that has been inserted into the computer?

17. What does this pictogram in File Explorer indicate?

18. Can you create your own new folders in Windows?

19. Which key do you use to select multiple non-contiguous files?

20. What happens if you drag a file to a folder on the same hard drive?

Visual Steps-logo

Suggested book(s) by this test:

Windows 10 for SENIORS
Windows 10 for SENIORS for the Beginning Computer User


DAYTON, Ohio - In the corner of his desk at work, a dad keeps a special calendar where he marks off the days until his daughter leaves home for college. No one knows about this calendar, not even his wife. He feels both guilt and hope with this countdown. He loves his daughter, but he can't stand to be around her.
The calendar provides some hope that his family's time of turmoil and tension will finally end when his daughter is hundreds of miles away at school.
It's easy to criticize what this dad is doing, but listening to his stories leads more to understanding and sympathy than to censure. Parenting is tough, and raising some kids is particularly demanding.
From the time she was a little girl, Katie never really connected with her parents or her siblings. She was aggressive with the other kids in her preschool. Katie never made any close friends in elementary school, although she generally obtained adequate grades.
She participated in many school activities, but didn't seem to get engaged or excited about anything. Katie was mouthy, sarcastic and generally unpleasant. She never got into any
serious trouble and, fortunately, stayed away from drugs and alcohol.
Parents sought therapy for Katie when she was 8 years old. It helped change some of her bad behavior, but her personality remained the same. How do you live with a child that you love, but don't really like?
- Keep an emotional distance. Your happiness as a parent and a person sometimes requires you to emotionally divorce yourself from your child. You can't allow your child's behavior to determine what kind of day you've had. Parents find it incredibly difficult to pull back emotionally from their children. You can do this if you don't allow your children be the sole focus of your life. Take pride in your own accomplishments, nurture your relationship with your spouse, and develop meaningful relationships and hobbies.
- Find some common ground. Regardless of how difficult the situation, seek out some common interests between you and your child. For many teens, this may involve music or movies. Find something that allows you to talk and stay connected at some level. Katie liked to watch television, and was passionate about "Survivor." Her dad also liked that show, so he would be sure that he was home at that time so they could watch the program together. Katie's dad reported that discussing "Survivor" was the only time that they really talked, laughed and seemed relaxed with each other. It wasn't much, but it kept them connected. I think watching television together communicated to Katie that in spite of all the family problems, her dad still loved her.
- Accept your limitations. We are powerful influences on our children, but we know we cannot control their destinies. We work hard, sacrifice, try to be good role models and then hope for the best. We try to provide a loving home and equip our children with the moral compass, academic skills and work ethic to lead healthy and happy lives.
- Talk with someone. Katie's dad had never spoken to anyone about his secret calendar. I encouraged him to talk with his wife about his feelings and rely on each other for support and perspective. I've met many parents who have similar feelings toward their children, but it's socially unacceptable to talk about disliking your own children.
- Never give up. Psychologists profess that a child's personality is essentially developed by around 8 to 12 years of age and that there isn't much change after that time. However, in my 30 years of clinical practice I've seen many instances of difficult kids growing up to be happy and productive adults. I wonder what a few years of college may do for Katie. Many of these kids turn out fine. Don't give up hope.


Delaware Corporate Law Update

Registered Agents

Every business entity formed in Delaware – whether a corporation, LLC, or some other form – is required to have a “registered agent”.  A registered agent is a person or business physically located in Delaware that can receive documents and forward them on as necessary.

Why have a registered agent when someone can just send mail to business headquarters?  Because Delaware business entities and their managers can be sued in Delaware courts, someone must be present in Delaware to receive “service of process” (that is, typically the complaint along with a summons ordering the defendant to respond).  This reduces the risk that a business will intentionally avoid being served and thus having to defend itself in court.

There are many registered agents to choose from; they can be found quickly online and are often very inexpensive.  Some registered agents serve hundreds or thousands of businesses.

Once a registered agent has been hired, the business must designate that registered agent on a filing with the Delaware Division of Corporations.  A business can change its registered agent anytime by making a filing with the Delaware Division of Corporations noting the change.  You can find any Delaware business entity’s registered agent on the Delaware Division of Corporations’ website.

If a business entity fails to maintain a registered agent, then the Delaware Division of Corporations will serve as a fallback registered agent.  Eventually the entity’s certificate of incorporation or formation may be canceled, however, making it difficult or impossible for the entity to function legally.

Filed under: Basic Law of Corporations

Forming a Delaware Entity

So how does someone actually form a Delaware entity?  As it turns out, the actual tasks required to form one are not that expensive, nor do they take a lot of time.   But it is important to understand in advance why you want to form such an entity, as that will affect various choices you make along the way.  And, of course, it is always a good idea to get the advice of a qualified lawyer.

First, you must decide what kind of entity you want.  For example, do you want to form a corporation or a limited liability corporation (“LLC”)?  There are a number of other forms, though the ones specifically mentioned are among the most common.  We have discussed these common entity forms and their characteristics in a previous post – keep those in mind when selecting an entity form, do your own research and thinking, and seek qualified legal advice.

You will also need to choose a name for the entity.  That name will have to follow certain rules that you can find out from the Delaware Division of Corporations.  For example, obviously, it cannot be the same as an existing business.  There are other rules, such as that a corporation must including a word like “incorporated” or “corporation” (or an abbreviation like “inc.” or “corp.”).

If the entity will not have an office in Delaware, you will need to hire a “registered agent” and put their contact information on the forms you file with the Division of Corporations.  A registered agent is a person or company whose job it is to accept service of process if your entity is sued in a lawsuit in Delaware.  Hopefully that will never happen!  But the good news is that registered agents are relatively cheap.  A number of companies provide that service for a relatively low yearly price; information regarding them is available online.

It is a very good idea – and sometimes necessary – to put together certain organizational documents.  We have briefly discussed in a previous post what organizational documents are and how they create rules for that entity.  An attorney can help you do that, or you can look online for various resources, such as sample documents, to help you do that yourself.  If you are doing that yourself, be very careful to make sure that all the rules make sense for the entity you are forming.  Many lawsuits are caused or made worse when an entity has rules that apply not because they made sense for that entity, but because someone just adopted them without thinking about it!

Next, go to the Division of Corporations’ website and find out what they need from you to form your entity.  They will charge a filing fee, depending on what type of entity you want to form and whether you are in a hurry.  They will also tell you whether you need to file the entity’s organizational documents, and if so which ones.  When your paperwork is ready, mail or fax it to the Division of Corporations.

Now you have formed your own Delaware entity!  A Delaware entity has certain things it must do every so often in Delaware to maintain its good standing.  For example, corporations must file an annual report and pay a franchise tax; other entities similarly have to pay an annual tax.  Keep in mind there are a number of other things you may want or have to do that are outside the scope of this post, such as (1) getting an “Employer Identification Number” from the U.S. Internal Revenue Service; and (2) registering to do business in the State of Delaware, or another state.

Filed under: Basic Law of Corporations

Types of Delaware Business Entities and Limited Liability

The most well-known business entity, of course, is the corporation.  There are many others, however, such as limited liability companies (“LLCs”).  Each one has its own characteristics.  Which should a business owner choose?  That depends on their circumstances.

The corporation has a well-defined structure that most people dealing with it will be familiar with.  Its day-to-day business is run by certain key people called “officers.”  The officers themselves are hired, fired, and supervised by “directors,” who sit on what is known as a “board of directors.”  And the corporation itself is owned by “stockholders,” who can in turn elect the directors.

Another popular entity form is the LLC.  One of the big advantages of the LLC over a corporation is that it is possible to greatly customize how that LLC is structured, far beyond what is possible with a corporation.  With great freedom comes great responsibility, however.  Those forming an LLC should make sure that its structure, typically specified in detail in a document called an “LLC Agreement,” matches what is needed for the business.

Another consideration for those forming a business entity is taxation.  Some entities may elect with the U.S. Internal Revenue Service to pass income through to their owners, such as “S Corporations,” while others are taxed twice, once at the entity level and again at the owner level.  Those considering this issue should consult their accountants as to which tax treatment is best for them and what business forms qualify.

A key feature of many business forms is “limited liability.”  That means business owners are not generally liable for the business’s debts.  Thus their “liability” has been “limited”.  This was an important historical reason behind the rise in popularity of the corporation.  Investors wanted the ability to take risks by investing their money into a business without the possibility that if the business failed its creditors might go after them.

To form a Delaware business entity like a corporation or LLC, one needs to file the appropriate forms with the Delaware Division of Corporations, as will be discussed in another post.  But what happens if a business is run without creating a legal business entity?  The answer depends upon the state the business is operating in, but one possible result is the formation of a “sole proprietorship” or “general partnership”.  Such entities typically do not have limited liability.  That is one of many reasons it is important to properly form a business entity with a state like Delaware.

Filed under: Basic Law of Corporations

Governing Documents

While the state of Delaware creates rules that Delaware entities have to follow, all Delaware entities have some flexibility to create rules for themselves (though some, like LLCs, have more than others, like corporations).  They create those rules in “governing documents.”  What those are depends on what kind of entity it is.

Let’s start with the classic business entity, the corporation.  It typically has two core governing documents: (1) a “certificate of incorporation” (also called a “charter”); and (2) a “bylaws”.

The certificate of incorporation must be filed with the Delaware Division of Corporations (so it is “public” in the sense that anyone who wants to pay for a copy can get one).  This is a short document that must contain certain basic information or rules about the corporation, including certain details about the corporation’s stock and the name of the person forming the corporation.  It can also contain other rules, like eliminating directors’ liability to pay money for breaches of the fiduciary duty of care (we’ll talk about fiduciary duties in another post) or requiring the corporation to pay directors’ legal fees if they get sued.

The corporation can also have bylaws.  This is typically a longer document that contains more detailed rules, such as the procedures for its annual stockholder meetings and its board meetings, how stock is issued and transferred, and the duties of its officers.  If there is a conflict between the bylaws and the charter, the charter wins.

An LLC does not really have anything like a charter.  Rather, it is only required to file a “certificate of formation” with the Division of Corporations, which only needs to include its name and registered agent.  LLCs are sometimes preferred because of this additional privacy.

The primary governing document for an LLC is an “operating agreement” or “LLC agreement,” which basically serves as the LLC’s charter and bylaws all rolled up in one.  It is even more important because an LLC has much greater flexibility than a corporation to create its own rules.

There are many sample charters, bylaws, and LLC agreements on the internet.  But beware!  It can be very complicated to create business rules that work with existing law and to anticipate and provide for potential emergencies or disagreements.  If you are going to use a form, think very carefully about how you want the business to function and carefully edit the form accordingly.  But usually it is far better to hire a lawyer with business governance experience to draft the documents.  Once a lawsuit is filed it is too late to make rules that would have prevented it.  As Benjamin Franklin once said, “an Ounce of Prevention is worth a Pound of Cure.”

Filed under: Basic Law of Corporations

Why Delaware?

Filed under: Basic Law of Corporations, Uncategorized

Supreme Court Reverses Denial of Contractual Fee-Shifting

Filed under: Attorneys' Fees, Delaware Supreme Court

No Standing For Stockholder Squeezed Out Before Books and Records Suit

On February 27, the Court of Chancery in Weingarten v. Monster Worldwide, Inc. held as a matter of first impression that a stockholder cashed out in a merger lacked standing when he served a books and records demand under 8 Del. C. § 220, but did not sue, before the merger closed.

The Court sidestepped policy arguments by applying the “unambiguous language” of the statute, which requires a stockholder to “first establish” that “[s]uch stockholder is a stockholder”.  The Court held that the statute thus “made clear that only those who are stockholders at the time of filing have standing to invoke this Court’s assistance under Section 220.”

The Court distinguished two other Court of Chancery cases where plaintiffs had been squeezed out after – not before – filing their Section 220 complaints.

For lawyers representing aggrieved holders of stock in a company soon to merge, the lesson of Weingarten is clear.  Serve the demand and file suit before the merger closes – or risk dismissal for lack of standing.

Filed under: Court of Chancery, Section 220 Books and Records, Standing

Close Board Ties And A Shared Airplane Eliminate Independence

Earlier this month Chief Justice Strine authored an opinion (Sandys v. Pincus) holding that close ties among certain board members, including co-owning an airplane, caused key directors to be non-independent.  Therefore, the Delaware Supreme Court reversed Chancery’s grant of a motion to dismiss derivative claims for plaintiff not having demanded that the board bring them.

Plaintiff alleged that top managers and directors of Zynga Inc. breached their fiduciary duties by selling stock while in possession of non-public information which, when it became public later, caused Zynga’s stock price to drop some 74%.  After quickly concluding three of Zynga’s nine directors were interested or non-independent, Sandys primarily concerns three additional directors:  Ellen Siminoff, William Gordon, and John Doerr.

Plaintiff alleged that Siminoff and her husband co-owned an airplane with interested director Pincus (Zynga’s Chairman, controlling stockholder, and former CEO) and that she was a “close family friend” of that director.  The Court criticized plaintiff for not getting more information about the relationship, either in a books and records lawsuit plaintiff had previously filed against Zynga or simply from a search engine such as “the tool provided by the company whose name has become a verb”.  Nevertheless, the Court held Siminoff lacked independence because joint plane ownership was “suggestive of the type of very close personal relationship that, like family ties, one would expect to heavily influence a human’s ability to exercise impartial judgment.”

Plaintiff alleged a number of facts about Gordon and Doerr including that (1) both are partners in Kleiner Perkins, a venture capital firm that controls 9.2% of Zynga’s stock; (2) Kleiner Perkins invested in a company co-founded by Pincus’ wife; and (3) Kleiner Perkins had invested in and obtained board seats at another company with another interested director.  Moreover, the board had determined Gordon and Doerr non-independent for purposes of rules promulgated by the NASDAQ stock exchange.  The Court again criticized plaintiffs for not seeking additional information including the reasons for the NASDAQ determination.  Nevertheless, it ruled Gordon and Doerr non-independent where alleged facts suggest directors belong to “networks [that] arise of repeat players who cut each other into beneficial roles in various situations” and where the board itself has determined them non-independent.  Conversely, it held that plaintiffs need not plead a “detailed calendar of social interactions”.

Justice Valihura authored a (uncommon though certainly not unheard of) dissent.  As to Gordon and Doerr, Valihura cited the lack of pled facts on the size or materiality of the ties or the relevant reasons for the NASDAQ determination.  As to Siminoff, Valihura pointed to plaintiff’s own description of the shared airplane as evidencing a “business” relationship as insufficient to result in non-independence.

Key take-aways:

  • The Court did not announce a new standard on when close business or personal ties result in non-independence. Nevertheless, Sandys could lead to Delaware courts being more willing to hold directors non-independent in close cases involving specific pleaded facts that reasonably suggest possible bias.
  • It behooves all lawyers to use search engines in light of the massive amount of information available online, including before filing complaints. The Court cautions lawyers to use them to find information of a “reliable” nature such as “articles in reputable newspapers and journals, postings on official company websites, and information on university websites”.
  • The appeal concerned a motion to dismiss ruling using a somewhat plaintiff-friendly standard. Delaware courts will be more skeptical as to whether – after trial – a plaintiff has proven a director non-independent for purposes of invoking the stringent entire fairness standard.
  • Plaintiffs seeking pre-lawsuit books and records should consider asking for information about director independence if that issue is potentially relevant.

Filed under: Delaware Supreme Court, Demand Futility, Derivative Actions, Director Independence, Fiduciary Duties, Section 220 Books and Records

Chancery Court Denies “Litigation Financier” Attorneys’ Fees

Filed under: Attorneys' Fees, Court of Chancery

Good Things (Sometimes) Come To Those Who Wait: Two Recent Cases Show Pros And Cons To Seeking Books and Records Before Suing

When considering stockholder litigation in Chancery, one of the decisions plaintiffs face is whether to (1) sue immediately or (2) seek books and records under 8 Del. C. § 220 hoping for documents to help survive a motion to dismiss.  This summer, two cases where plaintiffs took the latter route had very different outcomes.

In August, the Court in In re Investors Bancorp, Inc. Stockholder Litigation considered cross motions to appoint lead plaintiffs in a case attacking director compensation as self-interested.  One plaintiff served a books and records request, obtained documents, and filed a complaint twice as long as the other.  While the Court complimented all counsel as “highly competent,” it placed decisive weight on the significant additional information the former uncovered.  For instance, in arguing that the compensation was a self-interested quid pro quo scheme, the latter solely used temporal proximity while the former cited board minutes.  The Court found that the information added by the former counsel was “not fluff;” rather, the former used documents “including board and compensation committee meeting minutes, to provide meaningful, additional factual support for their allegations.”

In June, however, the Court held a complaint filed after litigating a Section 220 action was precluded by the dismissal of another similar complaint two years earlier (Bensoussan).  The Court responded to plaintiff’s argument that the original plaintiff was an inadequate representative by ruling it was reluctant to judge “inadequacy based on the contents of documents obtained in response to a Section 220 demand because that approach ‘encourages hindsight review of conduct’”.  (A plaintiff in such a situation may also contend, whether or not based upon additional books and records, that the claims in the later suit are substantively different from the ones in the prior suit.)  The Court cited two other Delaware cases with similar outcomes.

Thus, as one of the “tools at hand” a books and records demand is a double-edged sword: it may lead to a superior complaint or a precluded one.  In determining whether to make such a demand plaintiffs’ counsel should carefully consider and monitor, among other things: (1) the likelihood of other similar complaints being filed; (2) the likelihood of uncovering evidence that could make the difference on a motion to dismiss (a surviving plaintiff can of course seek merits discovery); and (3) the speed with which the demand will procure helpful documents.  (As the Court in Investors Bancorp noted, a plaintiff faced with a slow demand response can always decide to abandon it and file a merits suit anyway.)

Filed under: Court of Chancery, Derivative Actions, Preclusion, Section 220 Books and Records


Antonio Gaudi Quotes 2

Antonio Gaudi photo Architect

Antoni Gaudí i Cornet was an architect from Reus, Catalonia, Spain. He is the best known practitioner of Catalan Modernism. Gaudí's works have a highly individualized and distinctive style. source

2 most famous quotes by Antonio Gaudi (Architect)

Random Quote

You can live your whole life in your brain and not experience what's around you. You go crazy that way.


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Sentence Examples with the word individuality

Short in stature and uncouth in appearance, his individuality first shocked and then by its earnestness impressed the House of Commons; and his sturdy independence of party ties, combined with a gift of rough but genuine eloquence (of which his speech on the Royal Title Bill of 1876 was an example), rapidly made him one of the best-known public men in the country.

The minor tributaries become more numerous and more constant, until the system of torrents has impressed its own individuality on the mountain side.

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It it absurd, therefore, to seek for a cause of the individuality of the thing other than the cause of the thing itself.

While using the same language as the Babylonians, the Assyrians had an individuality which showed itself in art and religion.

They are all similar in the great features of their land-forms, which have been impressed upon them by the prolonged action of atmospheric denudation rather than by the original order and arrangement of the rocks; but each group has its own geological character, which has imparted something of a distinctive individuality to the scenery.

A religion which subdues to itself a race with strongly marked individuality is always influenced in cultus and dogma by the previous views and tendencies of that race, to which it must in some measure accommodate itself.


10 most significant events in civil rightsWhat do you believe are the ten most significant events that helped bring more civil rights for African Americans during the years of 1948-1971?

Expert Answers
lynnebh eNotes educator| Certified Educator

There are a lot of things that happened in this time frame, but some of the more notable are:

  1. In 1948, Harry Truman issued two executive decrees that were important events in the Civil Rights Movement. One established a Fair Employment Board to promote nondiscriminatory employment practices in the federal civil service, and the other began desegregation of the armed services. This finally happened in 1954.
  2. 1954 -Brown vs Board of Education. Supreme Court declares that public school segregation violates the 14th Amendment’s equal rights protection.
  3. 1957 – The Little Rock Nine – nine black students are allowed to enroll in a public high school in Little Rock, Arkansas. The National Guard is sent to Little Rock to protect them.
  4. The Civil Rights Act of 1960 is passed, establishing federal inspection of local voter registration polls and introducing penalties for anyone who obstructed a person's attempt to register to vote or actually vote. This ended 100 years of the Jim Crow laws that prevented Blacks from voting because they could not afford poll fees, etc.
  5. 1961, President Kennedy establishes the EEOC (Equal Employment Opportunity Council).
  6. 1963 – Rev. Martin Luther King Jr. begins his protest movement, holding sit-ins, etc. He writes "Letter from Birmingham Jail" justifying his support of civil disobedience to foster civil rights. The March on Washington took place this year as part of this movement.
  7. 1964 – The Civil Rights Act was enacted, a landmark law that outlawed unequal application of voter registration requirements and segregation in schools, at the workplace and by facilities that served the general public.
  8. 1965 - The Selma to Montgomery marches were three marches that marked the political and emotional peak of the Civil Rights Movement.
  9. 1967 – Thurgood Marshall is appointed to the Supreme Court, first Black.
  10. 1968 – Martin Luther King is assassinated, but this rallies the Civil Rights movement. Robert Kennedy, a great supporter of Civil Rights, is also assassinated. People grow fed up with discrimination.

Also occurring during this time frame were events like the murder of Emmet Till, the formation of the Black Panthers, the Kennedy administration's push for civil rights, other protests, sit-ins and demonstrations. I picked 10 that I thought were significant having lifed through the 60s myself.

litteacher8 eNotes educator| Certified Educator
The above is an excellent answer. The most significant events generally focus on specific people who took a stand. The Civil Rights Movement was about iconic moments as well as slow progress. This also includes court dates and important speeches. The list above represents these.


Public Release:

Greenhouse gas might green up the desert

Weizmann Institute study suggests that rising carbon dioxide levels might cause forests to spread into dry environments

American Committee for the Weizmann Institute of Science

Rehovot, Israel -- May 8, 2003 -- Missing: around 7 billion tons of carbon dioxide (CO2), the main greenhouse gas charged with global warming. Every year, industry releases about 22 billion tons of carbon dioxide into the atmosphere. And every year, when scientists measure the rise of carbon dioxide in the atmosphere, it doesn't add up - about half goes missing. Figuring in the amount that could be soaked up by oceans, some 7 billion tons still remain unaccounted for. Now, a study conducted at the edge of Israel's Negev Desert has come up with what might be a piece of the puzzle.

A group of scientists headed by Prof. Dan Yakir of the Weizmann Institute's Environmental Sciences and Energy Department found that the Yatir forest, planted at the edge of the Negev Desert 35 years ago, is expanding at an unexpected rate. The findings, published in the current issue of Global Change Biology, suggest that forests in other parts of the globe could also be expanding into arid lands, absorbing carbon dioxide in the process.

The Negev research station is the most arid site in a worldwide network (FluxNet) established by scientists to investigate carbon dioxide absorption by plants.

Why would a forest grow so well on arid land, countering all expectations ("It wouldn't have even been planted there had scientists been consulted," says Yakir)? The answer, the team suggests, might be found in the way plants address one of their eternal dilemmas. Plants need carbon dioxide for photosynthesis, which leads to the production of sugars. But to obtain it, they must open pores in their leaves and consequently lose large quantities of water to evaporation. The plant must decide which it needs more: water or carbon dioxide. Yakir suggests that the 30 percent increase of atmospheric carbon dioxide since the start of the industrial revolution eases the plant's dilemma. Under such conditions, the plant doesn't have to fully open the pores for carbon dioxide to seep in - a relatively small opening is sufficient. Consequently, less water escapes the plant's pores. This efficient water preservation technique keeps moisture in the ground, allowing forests to grow in areas that previously were too dry.

The scientists hope the study will help identify new arable lands and counter desertification trends in vulnerable regions.

The findings could provide insights into the "missing carbon dioxide" riddle, uncovering an unexpected type of sink. Deciphering the atmospheric carbon dioxide riddle is critical since the rise in the concentrations of this greenhouse gas is suspected of driving global warming and its resulting climate changes. Tracking down carbon dioxide sinks could help scientists better assess how long such absorption might continue and lead to the development of efficient methods to take up carbon dioxide.

The Yatir forest was planted by Keren Kayameth LeIsrael-Jewish National Fund. The study was supported by the European Union, the Israel Science Foundation, the Israel Ministry of Science, Culture and Sport, and the Ministry of Environment.

Prof. Yakir's research is supported by the Avron-Wilstaetter Minerva Center for Research in Photosynthesis, the Philip M. Klutznick Fund, Minerva Stiftung Gesellschaft fuer die Forschung m.b.H., estate of the late Jeannette Salomons, the Netherlands and Sussman Family Center for the Study of Environmental Sciences.


Tropical storm Nate considered with precaution for its potential development

The National Hurricane Center's forecast shows tropical storm Nate possibly transforming in a hurricane expected to hit Gulf Coast on Sunday. More exactly, the hurricane center's official forecast shows the center of the storm making landfall on Sunday in southeast Louisiana and tracking to the northeast.

Nate is still more than a thousand miles away from Alabama on Thursday. "I think over the next 24 hours we'll be able to lock in a lot more," said Jason Beaman, the warning coordination meteorologist at the National Weather Service in Mobile. The meteorologists send weather balloons and aircrafts in reconnaissance missions to determine what exactly the steering currents look like.

Tropical storm Nate forecast

Some observations were processed suggesting future development. "This system is still organizing, it's interacting with land down there in the Caribbean right now, so it's still somewhat of a disorganized system and those are more challenging to forecast, especially when we're talking about two, three, four days out." A warning for sea navigation was issued by the U.S. Coast Guard specifically for the ports of Mobile and New Orleans. Alabama will feel the effects of the storm even if its center comes ashore farther to the west. Some factors working against Nate storm intensification are however expected to manifest. Winds, coastal flooding and storm surge remain potential threats.


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Alcohol Addiction Dependency Can Be Treated Successfully in Eddy Texas 76524

Treatment as well as Healing can addiction be dealt with effectively in Eddy TX.

Liquor is a treatable illness. Research in the scientific research of dependency and the therapy of substance usage conditions has resulted in the growth of evidence-based interventions that aid individuals stop abusing medicines as well as return to effective lives.

Can addiction be treated in Eddy?

Not always– however like other chronic illness, addiction can be handled efficiently. Treatment enables people to combat addiction’s effective disruptive impacts on their brain as well as habits and also reclaim control of their lives.

Does regression to drug abuse mean therapy has stopped working?

No. The chronic nature of the disease indicates that slipping back to substance abuse at some time is not just feasible, yet likely. Relapse rates (i.e., how often signs recur) for individuals with dependency and various other compound use disorders resemble relapse rates for various other well-understood chronic medical ailments such as diabetic issues, high blood pressure, and also bronchial asthma, which likewise have both physiological and behavioral parts. Therapy of chronic illness includes altering deeply imbedded habits, as well as regression does not imply treatment has stopped working. For an individual recouping from dependency, expiring back to substance abuse shows that treatment needs to be reinstated or adjusted or that an additional treatment ought to be attempted

In Texas, Exactly what are the principles of efficient opioid use problem therapy?

Study shows that incorporating therapy medicines (where readily available) with behavior modification is the very best method to make certain success for a lot of clients. Treatment strategies need to be tailored to deal with each person’s drug use patterns as well as drug-related clinical, psychiatric, and social issues.

Just how can drugs aid treat methamphetamine addiction at a rehab in TX?

Various types of medicines could be useful at different stages of treatment to assist a patient stop abusing medicines, remain in therapy, and also stay clear of relapse.

Rehabs in Eddy Texas Treating Withdrawal of opioid

When clients first quit making use of drugs, they could experience a selection of physical and also psychological signs and symptoms, consisting of clinical depression, anxiousness, as well as other mood disorders, in addition to uneasyness or sleeplessness. Certain therapy medications are made to minimize these symptoms, that makes it much easier to quit the drug use.

Remaining in Rehab in Eddy Texas.

Some therapy medicines are made use of to assist the mind adjust slowly to the absence of the over used drug. These medications act slowly to ward off medication cravings and have a relaxing impact on body systems. They can help people concentrate on therapy as well as other psychotherapies related to their drug therapy.

Avoiding Regression.

Scientific research has actually taught us that stress, signs connected to the medication experience (such as people, locations, points, as well as moods), and also direct exposure to drugs are the most typical triggers for regression. Medicines are being established to interfere with these triggers to help clients receive recovery

Exactly how do behavior modifications deal with drug addiction?

Behavior therapies assist involve individuals in substance use problem therapy, changing their perspectives and behaviors related to drug use as well as boosting their life abilities to deal with stressful circumstances and environmental hints that may trigger extreme craving for drugs and also prompt an additional cycle of uncontrollable use. Behavioral therapies can likewise improve the performance of medications and also aid individuals remain in therapy much longer.

Just how do the best therapy programs help people recuperate from the prevalent impacts of dependency?

When people enter treatment for a compound usage condition, dependency has actually often taken over their lives. The compulsion to obtain medications, take medications, and also experience the effects of medications has controlled their every waking moment, and also abusing drugs has replaced all things they utilized to appreciate doing. It has actually interfered with exactly how they operate in their household lives, at the office, as well as in the community, and has made them most likely to deal with various other significant ailments. Since dependency can influence a lot of facets of an individual’s life, treatment should deal with the requirements of the whole person to be effective. This is why the very best programs include a range of rehabilitative services right into their comprehensive treatment programs.

Acquiring the capacity to stop abusing methamphetamine is just one component of a lengthy as well as intricate recuperation process.

Treatment therapists could select from a menu of solutions for meeting the specific clinical, emotional, social, vocational, and lawful demands of their individuals to promote their recovery from dependency.|When individuals enter therapy for a material usage problem, addiction has frequently taken over their lives.

Due to the fact that addiction can influence so several facets of an individual’s life, therapy must deal with the needs of the entire individual to be effective. Treatment therapists could choose from a food selection of services for satisfying the details clinical, mental, social, professional, and legal demands of their people to promote their healing from dependency.


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Purity. dōTERRA wanted to create a purity level that goes beyond organic. They created an internal standard called Certified Pure Therapeutic Grade that is verified by 3rd party testing laboratories. The oils are tested 7 different ways to ensure that they are pure and safe for therapeutic use.

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Sub-Kingdom, PHAENOGAMIA or FLOWERING PLANTS. - Vegetables having an axial development, leafy appendages and true flowers, their substance composed of cellular, spirovascular, and woody tissue; their flowers with manifest stamens and pistils, and producing seeds with an embryo. (For sub-kingdom Cryptogamia or Flowerless Plants, see page 810).

Province, EXOGENAE or DICOTYLEDONOUS PLANTS. - Phaenogamous plants having a stem composed of a central column of pith enclosed with wood and bark, the latter exterior; growing by the addition of concentric layers external to the wood, internal to the bark. Leaves mostly net-veined. Flowers very generally 5-merous, rarely 3-merous. Embryo with two or more opposite cotyledons. (Province Endogenae or Monocotyledonous plants, see page 666.)

Class I, ANGIOSPERMAE. - Exogenous plants with net-veined leaves. Pistils complete, having stigmas for the reception of the pollen, enclosing the ovules within an ovary which becomes at maturity a seed-vessel enclosing the seeds. Cotyledons only two. (Class II. Gymno-spermae, with no stigmas, naked seeds, and leaves not net-veined, see page 659.)

Cohort 1, DIALYPETALAE or POLYPETALOUS EXOGENS. - Plants having a double perianth, consisting of both calyx and corolla, the latter composed of distinct petals, rarely abortive. (Cohort 2. Gamope-talae or Monopetalous Exogens, page 393. Cohort 3. Monochlamydeae or Apetalous Exogens, page 601.)


* Flowers somewhat irregular or unegual-petaled.

E. angustifolium: stems simple or scarcely branched, 2-4 feet high, glabrous; leaves shortly stalked, lanceolate, entire; flowers large, purplish-red, in long terminal, sometimes branched, racemes, the petals slightly unequal, entire, spreading from the base, the stamens and styles inclined downwards; pod 1-2 inches long. - French Willow, or Rosebay. - Moist open woods. Fl. July, August.

** Flowers regular, the petals equal. † Stigma deeply four-lobed.

E. hirsutum: stems stout, branched, 3-5 feet high, softly hairy; leaves lanceolate, hairy, clasping the stem, bordered with small teeth; flowers large, handsome, deep rose-colour; the petals erect, deeply notched; pod very long, quadrangular, hairy. - Codlins and Cream. - Sides of ditches and rivers. Fl. July.

E. montanum: stems erect, simple or slightly branched, 1/2-1 foot or more high, cylindrical, without decurrent lines or angles, glabrous or slightly hoary; leaves shortly stalked, or almost sessile, ovate or broadly-lanceolate, toothed; flower-buds erect or slightly nodding, the petals pink, deeply-notched; pod slender, 2-3 inches long. - Waste and cultivated places, roadsides, woods, etc. Fl. July.

E. parviflorum differs chiefly in its softly hairy stem, narrower short-stalked leaves, and rather larger flowers. It is not unlike E. hirsutum on a smaller scale, and is distinguishable from it by its much smaller flowers.

†† Stigma club-shaped, entire.

E. tetragonum: stems erect, often branched, 1-2 feet high, glabrous or hoary with a very short down, more or less angular from raised lines descending on each side from the margins of the leaves; leaves sessile, narrow, and toothed; flowers small, in terminal leafy racemes, the buds erect, the petals pale pink, deeply notched; pod often very long. - Wet ditches and watery places. Fl. July.

E. palustre: stems round, 1/2-1 1/2 feet high; leaves narrow, lance-shaped, sessile, entire or not much toothed; flowers small, pale-coloured, in short terminal racemes, the buds nodding. - Boggy places, and watery ditches. Fl. July.

E. alsinifolium: stems frequently branched, seldom more than six inches high; leaves very shortly stalked, ovate, toothed; flowers large, purplish, in very short, leafy racemes, the buds nodding. - Alpine rivulets and springs. Fl. July.

E. alpinum: stems slender, 2-5 inches high, decumbent and much branched, glabrous; leaves stalked, small, ovate or lanceolate, usually obtuse and entire; flowers rather large, growing in the axils of the upper leaves, and forming short leafy racemes, the buds nodding, the petals notched; pod 1-2 inches long, narrowed at the base into a long stalk. - Alpine rills, and wet places in mountain ranges. Fl. July.


Can Chiropractic Care Help Asthma Sufferers?

More and more studies are proving that chiropractic care is effective for a wide variety of conditions, even those not related to the back. How is this possible? Like any architect would tell you, the home is not healthy if the foundation and framework are not stable.

The human body acts exactly the same. When the body’s spine and skeleton are aligned and free of subluxations, the nervous system can work better. With those two major functions in place, the whole body runs better. With that knowledge, it should be no surprise that chiropractic treatment can also help those who suffer from asthma.

Can Chiropractic Care Cure Asthma?

Unfortunately, chiropractic care cannot cure asthma. While seeing a chiropractor cannot cure asthma, it is a drug-free and safe choice to help individuals. Regular treatment can help alleviate the severity of the condition though. For example, it can make asthma more controllable for individuals and decrease the number of asthma attacks. Chiropractic care can do this by allowing the spine and nerves to flow and work optimally. Also, when the spine is aligned correctly and is granted more motion, the ribcage also has a wider range of motion, which can help asthma conditions. Before taking any medical advice or starting a new procedure, please consult your primary physician first. Chiropractic care is not meant to take the place of an inhaler or any other medications you may be on. It is instead meant to make you healthier, which in turn will help your asthma. Along with regular chiropractic care, try changing your diet to help improve your asthma symptoms. Foods that are naturally anti-inflammatory are highly beneficial since asthma is basically the inflammation of the lungs that constricts airways. It is also a good idea to rule out any food or other allergies which could be making your asthma symptoms worse.


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Chocolate Hippie Cookies

Prep Time

10 minutes

Prep Notes

These cookies are full of nuts, seeds, dried fruits, chocolatey flavor, whole grains, good fats and ZERO added sugar!

Cooking Time

12-15 minutes

10-12 cookies

2 ripe bananas, cut into chunks
2T almond milk
1 egg
2T almond butter (or other nut butter would work)
2T coconut oil, melted
1t vanilla extract
1 cup rolled oats (gluten-free if needed)
1/2 cup brown rice flour
1/4 cup mixed seeds (sunflower, pepita)
1/4 cup almonds, chopped
1T cacao nibs
1T dairy-free chocolate chips
2T unsweetened coconut flakes
3T raw cacao powder
2T raisins (or other dried fruit)
1T chia seeds
2T flaxseed meal
1t cinnamon
1/4t baking powder
1/4t baking soda
dash salt

Preheat oven to 350 degrees. Cover a cookie sheet with parchment paper.

In a large mixing bowl, add the banana chunks and use a hand mixer to mash. Add the milk, egg, almond butter, oil and vanilla extract. Using the mixer, completely blend. Add the remaining ingredients into the bowl.

Stir until just combined.

Now...this is the fun/tricky part....

You can either take out about 3T worth of dough and form it into a cookie shape and place it on the sheet. Or, if you'd like more uniform cookies, try this method:

Grab a small mason jar lid, or other small lid that's about 1/4 inch deep and two inches across. Take a sheet of plastic wrap and place it on top of lid. Spray it with cooking spray. Add globs of dough into the lid until nearly full, and lightly compact. Flop the cookie form out of the lid and onto the prepared pan. Repeat with remaining dough. Depending on the method you choose and your lid size, you'll get about 10 to 12 cookies.

Baking cookies for 12 to 15 minutes until golden on bottom. Allow to cool and then stop yourself from eating all of them.


Experts Know Best-At A Glance

More and more people are joining the population of content writers for websites. The lucre and lure of the profession – both monetary and creative – is becoming too difficult to resist. I know of people who have extremely successful businesses of their own and they still write freelance articles just for the added dollar income they get. And if you are with the right employer, there is every chance your day job income would pale in comparison to what you would get from writing over the internet. But is writing on the internet all that easy? If you know all the aspects of internet writing, you will arrive at a strongly negative answer. Not just anyone can write content over the net. This field requires some specific talents and has some specific limitations within the ambit of which the writer has to work. This article tries to explain the various restrictions that article writers for websites need to learn to respect:-Read Here

The article must be keyword specific – Every article that you write on the internet is written with the objective of bringing traffic to the website. For that reason, it is necessary to write the article using the particular set of words which searchers use in search engines like Google. These words – known as keywords – must be used several times in an article to optimize it for search engines. If this is not done, the article would not show up in the search results and would remain unread, i.e. create no traffic for the website at all. Sometimes using the keyword becomes too cumbersome. If the keyword is something like ‘making the rich people pay taxes’, it is very awkward to use it more than once in the article. But, being a content writer, you have to find ingenious ways to incorporate it into your article.

The article must adhere to a word count – The typical word count used by most websites is 400 to 600 words. Within this much measure, you must write about the topic, and sometimes even put your own opinions into the article. Sometimes, the information available on a particular keyword is so less that it may not fill in 250 words; while sometimes there is so much information that it would fill ten articles. Both ways, the content writer faces a problem. Either they have to pump up the word count by adding unnecessary sentences, or they have to make a precis of a cartload of information.

The article must be written in a specific tone and language – The content writer is not at liberty to use any favored kind of language. The language of the internet is very stark, and stuck on facts. The language must be simple enough for a layman to understand. Sometimes, the language used needs to be as plain as it were to be used for a baby. This becomes difficult when writing articles filled with technical information. But ingenious content writers do manage to write grossly scientific articles from a common man’s point of view.
Writing anything was never easy, but writing content for websites is something that is too different. It has its own set of rules, and the article writers for websites need to put up with them. Add to all this, there are deadlines to work against. Since websites need to be updated periodically, and they are all working against stiff competition, the brunt falls on the writers. They need to provide good quality content within an unrealistic amount of time. Most website owners want their writers to do creative work in the shortest time possible.


A System for Detecting Congestion Using NTP Servers on the Internet

Toyonori FUJIURA <fujiura.toyonori@lab.ntt.co.jp>
Shozo NAITO <naito.shozo@lab.ntt.co.jp>
Satoshi ONO <ono@slab.ntt.co.jp>
NTT Information Sharing Platform Laboratories

1. Introduction

The Internet is distributedly managed by various organizations, and this fact makes it difficult to solve problems without the cooperation of these organizations. Recently, the Internet has begun to be used in business, and in these situations, the users request high network performance for the delay and the throughput, for example, in the usage of the server and client environments. But, in the Internet it is impossible to guarantee network performance because the Internet is made of many sub-networks, which are distributedly managed by their own policies. Now, when the administrator of the server or the Internet provider gets a complaint of network service trouble from the user, a system that can specify the trouble point between the server and the client without the collaboration of the other providers is very helpful. As a candidate to solve this problem, we propose NTP (network time protocol) to measure delay and jitter between them. In this paper, we also describe the method of applying the system in real environments to decide whether the trouble comes from our network or the other one.

2. Time synchronization

We installed a precise time synchronization system using ISDN (integrated services digital network). This system is incorporated into the packet-monitoring system described in the next section to deliver precise time-stamp. By adding time-stamp to a packet at a large number of points, we can observe the one-way delay between these points. Details of the system components are described below.

2.1. NTP and clock server

NTP [1] is a standard protocol for time synchronization in the Internet. In this protocol, a client requests the server to report its time, and the client sets its own clock (fig 1) according to the time reported from the server. Thus the precision of the client time relies on the server. From our experiences, in the local area network (LAN), if the server and the client belong to the same Ethernet segment, the propagation delay between them is a few hundred microseconds (fig 2). Ethernet congestion incurs a millisecond delay. In NTP, the client knows the current time from the server and estimates the packet one-way delay. This client assumes that the packet one-way delay is equal to half of the packet's round-trip time. On the other hand, congestion occurs only in one way: it causes a time error of a few microseconds in the estimation of the one-way delay, because congestion delay is larger than packet propagation delay. For example, a 500 microsec in the clock means 3000 bit error on 6Mbps leased line. This bit error also corresponds to one packet time error when the packet length is about 300 bytes. In fact, it is usual that there are no NTP servers on the same segment, and an NTP server belonging to the different segment is used. Then, we must count the possibility of an even larger error.

Figure 1: NTP server and client

Figure 2: NTP propagation delay (in milliseconds)
Remote Delay Offset Dispersion
WAN 241.8 4.06 1.16
ISDN dialup 57.1 1.12 0.63
LAN 1.2 -0.00 0.05

In NTP, time dispersion of network delay causes instability of the clock in network probes. Figure 3 and 4 are graphs of RTT (Round Trip Time) and clock difference on y-axis and the elapsed time in seconds after the midnight on x-axis between NTP servers. Figure 3 and 4 indicate stable and unstable states of the network, respectively. In these graphs, clock difference is calculated by subtracting incoming delay from outgoing delay. When outgoing delay is larger than incoming delay, clock difference has positive value. From these graphs, we can observe that there are no relationships between incoming delay and outgoing delay. This fact shows that we cannot assume that one-way packet delay is a half of the packet round trip time, and we need a special network for time synchronization.

Figure 3: NTP delay in stable network

Figure 4: NTP delay in unstable network

In order to avoid the errors described above, network stability is indispensable for realizing a time synchronization system. The conditions for network stability are as follows:

We chose the system ISDN clock server and client system [2] for the purpose. This system uses an ISDN network for the server and the client connection to prevent packet congestion, and it is a stable network. The ISDN line clock delivered by the telephone carrier is very precise, so we can ensure precision by using this clock as our standard.

Global positioning system (GPS) is an alternative candidate for obtaining precise time as a source. But if there is no router near the roof then we need to work hard to install the GPS antenna. In this system, if there is an ISDN line near the router, we can get the time easily. This system has the advantage in this point.

2.2. Clock server system

The clock server system (fig 5) installed for this experiment contains a GPS clock system, which can obtain the correct time by means of the GPS satellite. The clock server uses a 1-pps (pulse per second) and 10-MHz clock delivered from the GPS clock system, and a clock client is connected to a clock server using an ISDN line.

The GPS clock system receives the time from the GPS satellite. The clock device in this system uses the time received from the satellite and generates a 1-pps pulse and 10-MHz signal. The clock server uses an ISDN board on a Sun workstation as the clock device. This clock is deemed to be error-free because this system uses an ISDN line clock, and it distributes precise time via the ISDN line to the clock client. The clock client is also a workstation that has an ISDN board with a clock device. It is very precise because it also uses the ISDN line clock.

Figure 5: Clock system

2.3. NTP server

The clock server and the client have an NTP server to distribute time information through the Internet. The NTP client accesses the NTP server using a UDP (user datagram protocol) packet in order to get time. The NTP client obtains the time using the packet and the estimated packet propagation delay. It also has the internal clock. The server replies to the time request from the client systems. This system is set up such that both the clock server and the client behave as NTP servers.

2.4. Experimental clock server system

We are now trying to transfer the time between one clock server and three clock clients. To compare the clock server system with the traditional Internet NTP system, clock server is arranged by switch to refer to both its board and the Internet NTP server. The cumulative distribution of the observed dispersion is shown in figure 6. Fifty microsecond errors mean a 300-bit error on a 6-Mbps leased line.

Figure 6: ISDN clock server vs. NTP

3. Network delay estimation examination

3.1. Network state detecting method with NTP

Figure 7: Traffic measurement environment

NTP is known as one of the time synchronization methods in the Internet. To detect the time difference between our side and the other side, NTP assumes that incoming delay is the same as outgoing delay. But actually, when congestion occurs, incoming delay is not the same as outgoing delay; then we use some clocks to reduce errors.

NTP packets are exchanged between clients and servers with the time interval ranging from one to twelve minutes in order to measure time difference. These packets tell us incoming and outgoing delay if these clocks are completely synchronized. But when only one pair of NTP server and client is available and the pair is not proved to be time synchronized, we cannot measure incoming and outgoing delay correctly. To keep clock precision, we need to prepare as many pairs as possible.

In this case, the route between X and Y is overlapped by the route from X to A and X to B (fig 7). The delay from X to A is the sum of the delay from X to Y and the delay from Y to A. We can also divide the path from X to B into the path from X to Y and the path from Y to B. When the delay from X to Y is changed by some reason it influences the delay both from X to A and from X to B. On the other hand, when the delay from Y to A is changed, the delay of X to A is changed, while the delay from X to B is not. So we can separate the delay from X to Y from the delay from Y to A.

When the delay movement from X to A is similar to the one from X to B, we can regard the delay movement as coming from the one from X to Y. When not, we can regard the delay movement as coming from the intrinsic delay movement from Y to A and from Y to B, respectively. We evaluate the performance of this algorithm below.

3.2. Delay measurement method

We installed the clock server with GPS antenna on the roof of our office to gather time information. We also installed the clock client near the server for NTP reference server to the Internet. We observe network statistics whole Internet using this NTP server. The NTP servers observe the other Internet NTP servers. So we make it a collector of one-way delay. And we use it to observe the delay per part of the Internet from delay information on NTP servers.

We try to detect the collision using the delay information classify the NTP server to the Y and the Y to NTP client.

3.3. Network status estimation method

Based on the above idea, we formalized the method below. At first the time when the delay is observed is denoted by t. The start time is denoted by S, the end by E. So S < t < E. We denote one-way delay by , one-way delay from P to Q as

We estimate the one-way delay between P and Q by the apparent time difference of the NTP servers and the round-trip delay between them. For example one-way delay from P to Q denoted by can be obtained by the sum of a half of round trip delay and the apparent time difference of the NTP server. Because the round-trip delay and the time difference from packet observation is , .

We pay attention to the one-way delay of either outgoing or incoming packets. In our framework, one-way delay , is divided into two components. which varies with time, and which doesn't vary with time. These values satisfy

Based on this framework, we formalize how to estimate the delay from X to Y using the delay data from X to A and from X to B. We denote one-way delay from X to A, and from X to B, as ,, their time-variable components ,, and the time-constant components ,, respectively. Then, if difference between and is little, we know is similar to .

We assume the minimum value of the time-constant component of and well approximates the time-constant component of . We furthermore assume the time-variable component of and have similar characteristics when the difference of the time variable components is small. This means and have similar values on and .

We assume the similar value can well approximate the time-variable component of the element. Then we use the average of time-variable element of and as time-variable component of the delay of . When the difference between and is small, we can show the following equation about the delay between X and Y approximately holds.

In this case, we know the delay from X to Y using the delay data from X to A, and from X to B. But if there is a great difference between and , this method cannot be used. When there is a great difference, we can estimate that the values of the components of and are much larger than the value of element in and . So, in this case, we cannot calculate delay with precision. For this case, we need to prepare C, D ... instead of A, B, and to measure the delay with precision of , or and .

When there is a great difference between and , we assume delay can be approximated by .

4. Investigations

Figure 8 shows an example of evaluation results of the proposed algorithm for estimating delays in network segments. Three graphs for bottom to top show the delay from X to A, the delay from X to B, and the estimated delay from X to Y, respectively. These graphs indicate that the proposed algorithm well estimate the delay from X to Y in the area where the difference between the delay from X to A and the delay from X to B is small. On the other hand, the algorithm cannot well separate the delay from X to Y in the area where the difference between the delay from X to A and the delay from X to B is great. Furthermore when the delay occurs in the segment from X to Y, the delay pattern occurred in the segment from X to A is sometimes different from the pattern occurred in the segment from X to B. For this case, the algorithm cannot well estimate the delay from X to Y, and the algorithm should be improved by analyzing the reason why the delay pattern from X to A is different from the one from X to B.

Figure 8: The delay from X to A, X to B, X to Y

5. Concluding remarks

We implemented the one-way delay observation system based on the NTP protocol by incorporating the GPS and ISDN clock delivery mechanism. We also proposed an algorithm that can separate the delay into portions occurred in the network segments by using the overlapping information of the path segments in the routes from the NTP client to servers. The algorithm well estimated the delay that occurred in the overlapped segment when two delay patterns that occurred in the routes including the overlapped segment rather resemble each other. We will improve the algorithm for separating the delay well even when the delay patterns are rather different from each other by combining the delay data for more than three NTP servers.

[1] David L. Mills, "Network Time Protocol (Version 3) Specification, Implementation." RFC 1305, March 1992.

[2] Satoshi Ono and Takao Yamashita, "Precision Synchronization of Computer Clocks using ISDN." Asian '96 Computer Network Workshop, December 1996.


Comparing to the conventional fiber buff, it is superior on cutting and acquire smooth surface finish.
Less heat generation while polishing by the unique flap type structure. Less clogging and it is possible to continue stable polishing for a long time.
Effective on the curved surface polishment

rough←　←　← →　→　→Fine
Rough Rough Midium Midium Midium Finish
A600 14BBM AE220 14NR AE700 14NR A600 14NR GC600 14NR A1000 14NR

■ A600 14BBM
■ 10mm

■ AE220 14NR
■ 10mm

■ AE700 14NR
■ 10mm

■ A600 14NR
■ 10mm

■ GC600 14NR
■ 10mm

■ A1000 14NR
■ 10mm

【Product spec】 Thickness ： 8ｍｍ 10mm 15mm 25mm
Hardness ： 12NR 14NR 14NRX 14BBM

Abrasive grain is finer, but can be removed deep scar
Can be obtain good finish
Good for Beta Titan and other hard metals


Ammonium Xylenesulfonate
time:2012-09-28 16:31:29,count:0
Characteristics    excellent hydrotropic, viscosity reducing, pour point depressing, anti-caking, dispersing, emulsifying abilities.
Generally, xylene and sulfur trioxide react through reactor, then ammonia water neutralizes, finally obtain product.
Quality Standards & Test Methods
1. Physical and chemical indexes
Physical and chemical indexes
Actives, %, ≥
30.0 - 50.0
pH (25°C, 1%)
3.0 - 7.0
3.0 - 7.0
Test Methods
(1), Actives


PloS one

Antibodies against native and oxidized cardiolipin and phosphatidylserine and phosphorylcholine in atherosclerosis development.

PMID 25473948

Antibodies against cardiolipin and phosphatidylserine (anti-CL and anti-PS) are associated with thrombosis. In contrast, we determined that IgM antibodies against oxidized CL and PS (OxCL and OxPS) and phosphorylcholine (anti-PC) could be protection markers for cardiovascular disease (CVD). 226 individuals with established hypertension (diastolic pressure>95 mmHg) from the European Lacidipine Study on Atherosclerosis. Antibodies were tested by ELISA. As a surrogate measure of atherosclerosis, the mean of the maximum intima-media thicknesses (IMT) in the far walls of common carotids and bifurcations was determined by ultrasonography at the time of inclusion and 4 years following inclusion. Increases in IMT measures at follow-up were significantly less common in subjects which at baseline had high IgM anti-OxPS and anti-PC at above 75th percentile: OR 0,45, CI (0,23-0,86) and OR 0.37, CI (0,19-0,71), p = 0.0137 respectively and above 90th percentile: OR 0.32, CI (0,12-0,84) and OR 0.39, CI (0,15-1.00), p = 0.050 and OR 0,22, CI (0,08-0,59) p = 0,0029. IgM anti-OxCL was negatively associated with IMT increases (OR, 0.32, CI (0,12-0,84), p = 0231). There were no associations for IgM anti-PS or anti-CL. Anti-PC, as determined herein by a commercial ELISA, was strongly associated with data from our previously published in house ELISA (R = 0,87; p<0,0001).) Anti-PC was also a risk marker at low levels (below 25th percentile; OR = 2,37 (1,16-4,82), p = 0,0177). High levels of IgM anti-OxPS and anti-OxCL, but not traditional anti-phospholipid antibodies (anti-PS and anti-CL), are associated with protection against atherosclerosis development. In addition, low IgM anti-PC was a risk marker but high a protection marker.