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Lean Consumption Concepts in WSJ? – In a Dizzying World, One Way to Keep Up: Renting Possessions

Monday’s WSJ had an article about the trend of people “renting” possessions, a concept that is explored in the book “Lean Solutions”. The idea being that people want their problems solved rather than necessarily wanting the hassle of owning and maintaining things.

Think about Netflix, mentioned in the article — sure it’s an alternative to Blockbuster, but it’s also an alternative to owning DVD’s. If the problem is “need entertainment”, then Netflix solves that in a pretty elegant way (DVD’s arrive automatically in the mail after you send one back). But, it requires that you do “unpaid work” (in Womack and Jone’s terminology) of ranking and listing movies on their website, plus you only get 3 DVD’s at a time, which is hardly a substitute for a DVD collection. I don’t think Netflix is “solving hte problem completely.” It seems like a video on demand service that made “every movie available at every time” might be a more complete solutioni, and one we’ll see someday, I bet. The solution would be provided more completely without you having to own and maintain (and upgrade!) DVD’s.

The article also talks about people “flipping” fast moving technology by selling items on eBay, such as iPods, when the latest and greatest comes out. Is there a “lean consumption” service possible that would manage your portfolio of tech devices for you, even transferring data between them? What if, instead of buying an iPod, you contracted a monthly fee to always have the latest and greatest iPod, and that company automatically put all of your music (and now video?) on there for you? Instead of $399 for an iPod, would you pay $20 a month over a 3-year period to always have the latest and greatest? Somebody might. Maybe it’s cell phones or PDA’s or PC’s, but there’s something to think about.

Thanks for reading! I’d love to hear your thoughts. Please scroll down to post a comment. Click here to be notified about posts via email. Learn more about Mark Graban’s speaking, writing, and consulting.

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Mark Graban's passion is creating a better, safer, more cost effective healthcare system for patients and better workplaces for all. Mark is a consultant, author, and speaker in the "Lean healthcare" methodology. He is author of the Shingo Award-winning books Lean Hospitals and Healthcare Kaizen, as well as The Executive Guide to Healthcare Kaizen. His most recent project is an book titled Practicing Lean that benefits the Louise H. Batz Patient Safety Foundation, where Mark is a board member. Mark is also the VP of Improvement & Innovation Services for the technology company KaiNexus.

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 Lift Calculator

Lift Calculator

Aerodynamic lift

L= Cl x q x A

Lift = Lift Coefficient x Dynamic pressure x Area

0.00 N

This liftcalculator calculates the lift force of an aerodynamic element based on the lift coefficient, Cl, of the element, the dynamic pressure, q, that the element is experiencing, and the area, A, that the element has exposed to generate aerodynamic lift.

The lift force is the upward force that allows an aerodynamic element to go airbone. Being that it is a force, it is measured in unit newtons (N).

The lift coefficient, Cl, is a dimensionless unit that relates the lift force generated to the dynamic pressure times the area of the aerodynamic element. The greater the lift coefficient, the more aerodynamic is the flying element and the greater the lift force that will be generated.

The dynamic pressure, q, is the pressure that is created by an aerodynamic element in motion. Dynamic pressure is equal to one-half times the velocity squared (q= 0.5ρV2). Dynamic pressure is created when the aerodynamic element is in motion. Thus, the greater the velocity of the element, meaning the greater speed at which it is travelling, the greater the dynamic pressure. This is why an airplane is able to generate more lift while it is travelling fast and why it must maintain a certain airspeed in order to be in flight. Otherwise, sufficient lift will not be generated and the airplane will stall in flight and fall out of the air. So the greater the dynamic pressure on the aircraft, the greater the lift force created.

The area, A, is the amount of surface area that can create lift that the aerodynamic element exposes. The greater the area, the more lift that can be created. This is why airplanes have very large wings. The wings have large surface area. This gives a lot of area for an upward force to act on the wings to lift the aircraft. The larger the surface area, the more potential for more lift.

To use this calculator, a user just enters the lift coefficient, Cl, of the aerodynamic element, its dynamic pressure, q, and the area of its wings, and presses the 'Calculate' button. The resultant value will then be automatically computed and shown below.

Lift Calculator if Dynamic Pressure is Not Known

Lift formula

0.00 N

This calculator also calculates the lift force if the dynamic pressure is not known upright.

Since dynamic pressure is equal to one-half density times velocity squared, it is substituted into the original formula. This gives us the equation shown above.

To use this calculator, a user just enters the lift coefficient, Cl, the density, ρ, of the fluid the aerodynamic element is moving through, the velocity, v, at which the aerodynamic element is travelling through the fluid, and the area, A, of the aerodyamic elements lift structure. Once the 'Calculate' button is pressed, the resultant value will be computed and displayed.

Related Resources

Lift Coefficient Calculator

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text:
 Weight On Saturn Calculator

Weight on Saturn Calculator

How Much Would You Or Any Object Weigh On Saturn?

Saturn surface

Weight on Saturn formula

This Weight on Saturn Conversion Calculator calculates your weight or the weight that any object would be if on Saturn.

To use this calculator, a user just enters his or her weight or the object's weight and clicks the 'Calculate' button, and the weight will automatically be computed and shown below. The weight can be entered in any units and the resultant answer will be in the same units which the user has input. Thus, for example, if a user enters 150lbs, the resultant answer of the weight in Saturn would be 159.63lbs. The units will always match. Just for the sake of clarity, a user can select the units he wants the answer to appear in, whether grams, kilograms, or pounds, and that unit will show in the answer.

This calculator calculates the weight on Saturn from the weight of the object on earth. Being that it takes the weight of an object on earth and converts it to the weight on Saturn, the formula is Weight on Saturn= (Weight on Earth/9.81m/s2) * 10.44m/s2. To find the weight on Saturn, we divide the weight on earth by the earth's force of gravity, which is 9.81m/s2. This calculates the mass of the object. Once we have the object's mass, we can find the weight by multiplying it by the gravitational force, which it is subject to. Being that Saturn has a gravitational force of 10.44m/s2, we multiply the object's mass by this quanitity to calculate an object's weight on Saturn.

So an object or person on Saturn would weigh 106.42% of its weight on earth. Therefore, a person would be heavier on Saturn than on earth. Conversely, a person is 93.9% lighter on earth than on Saturn.

What causes the differences in weight between the various planets? The answer is the gravitational force which a planet is subject to. Earth has less mass than Saturn. Therefore, the sun pulls on the earth with lesser force, because of the lesser mass. You probably are familiar that gravity is a downward force. It pushes you back to the Earth's surface. This is why when you jump, you come back down. Being that the earth has lesser gravitational force, it pulls object downward with lesser force. This translates into lesser weight.

If you want to calculate the weight of all of the planets simultaneously, see our Weight on Planets Calculator.

Related Resources

Weight on Mars Calculator

Weight on Venus Calculator

Weight on Mercury Calculator

Weight on Neptune Calculator

Weight on Jupiter Calculator

Weight on Uranus Calculator

Weight on the Moon Calculator


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Debate Club

The Doctor's Court?

Philip K. Howard and Stephanie Mencimer debate.

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George W. Bush is pushing an aggressive agenda for reforming medical malpractice law, with a focus on capping the amount of damages patients can be awarded if their doctors harm them. But some advocates suggest a completely different reform: "health courts." These jury-less courts would deal only with medical claims and be administered by trained healthcare professionals. This, supporters argue, might improve healthcare by providing quicker resolution to malpractice suits and limiting frivolous claims.

Are health courts a good idea?

Philip K. Howard is Founder and Chair of Common Good and the author of The Death of Common Sense: How Law is Suffocating America. Stephanie Mencimer is a contributing editor of The Washington Monthly and is writing a book on tort reform.

Howard: 3/14/05, 09:03 AM
America has a long tradition of special courts. In 1789 there were separate admiralty courts. Today there are patent courts, tax courts, bankruptcy courts and a wide range of administrative courts, including for worker's compensation, Social Security, and vaccine liability. The idea of special administrative health courts emerged out of three conferences in 2002 and 2003, held at Brookings and AEI, focusing on the effects of law on healthcare. A broad bipartisan coalition for a new system of health justice has now come together, including patient safety experts such as Dr. Troy Brennan and Peggy O'Kane, Sen. Michael Enzi, chair of the Senate HELP Committee, and The Progressive Policy Institute. The goal is not merely to bring stability to the medical liability insurance crisis but to provide a solid legal foundation to promote better and more affordable healthcare. Justice in healthcare today is almost random—most people who are injured get no recovery and, especially in tragic circumstances, doctors who did nothing wrong are sometimes liable for millions. This unreliability has infected healthcare with a debilitating distrust—driving up healthcare costs through defensive medicine, and causing thousands of tragic errors because doctors and nurses are no longer open with each other about uncertainties or mistakes. The flaw is that justice today is ad hoc—decided jury by jury without any consistency or precedent. The system tolerates widely disparate results for the similar circumstances. By most measures, the current system is a failure:

—The Institute of Medicine: "The legal liability system does not adequately fulfill either of its two main objectives—to encourage enhanced safety and quality, and to provide timely and fair compensation to injured patients."

—The Progressive Policy Institute: "It does not give most injured patients access to justice and it does not send clear signals about standards of care that would help healthcare providers avoid medical mistakes."

—The Joint Commission on Accreditation of Healthcare Organizations (JCAHO): The current system is "not a 'real system,' but rather a patchwork of disjointed and inconsistent decisions with a limited ability to inform the development of improved healthcare practices."

Health courts could begin to solve these problems by providing consistent expert rulings on standards of care. Health courts could work in a number of ways, but we believe the general ingredients would include the following: (1) full-time judges assisted by medical staff, who would make written rulings; (2) neutral experts hired by the court;
(3) a liberalized standard of recovery, so that liability is automatic where there is a clear mistake; (4) scheduled limits on non-economic damages, varying according to the nature of the injury. Common Good is in a joint venture with the Harvard School of Public Health to develop the possible components of health courts, funded by the Robert Wood Johnson Foundation.

The fist step is to authorize pilot projects. But the need for radical overhaul, we submit, is beyond serious debate. Expert courts have been a long-standing feature of American justice in areas requiring special or technical knowledge. Isn't healthcare important enough to warrant special judicial care?

Mencimer: 3/14/05, 01:27 PM
Health courts, in my book, are an idea advanced by snobs. The whole premise behind them is that Americans are too dumb to sit on juries and, after hearing all the facts in a case, decide who screwed up and how much they should pay. As a potential juror myself, I find this whole premise insulting. It also lacks a shred of empirical evidence to support the notion that juries can't handle complex issues. By this logic, most people shouldn't be allowed to vote, much less serve on juries. After all, foreign policy, economics, science, education, and other issues facing voters are also very complicated.

The facts involved in medical malpractice trials are not any more complicated, nor is the law more "arcane," than those currently facing Alabama jurors in the fraud trial of former HealthSouth president Richard Scrushy. Yet imagine the public's reaction to a proposal to abolish juries in CEO trials and replace them with an administrative system staffed by "trained business professionals" whom we should trust to create predictability in sentencing, deter future wrongdoing, and set the standards of corporate behavior.

In this country, we trust juries enough to let them kill someone in a criminal case, but somehow, when juries make decisions about money, especially insurance company money, they're attacked as irrational, unsophisticated, unwieldy, and slow. Lost in all the jury-bashing inherent in the health court proposal is basic American history: A lot of blood has been spilled in this country to secure the right to a jury trial in a civil case—a right guaranteed in the 7th Amendment. The Americans who fought the Revolution worked very hard to escape the British system and their "experts" on the bench. That's why the health courts are very likely unconstitutional.

Worker's comp and other administrative systems only pass muster because they exchanged jury rights for something substantial in return: a system in which everyone who is injured gets paid, regardless of fault. In the health court, as proposed, injured patients would still have to prove that the doctor screwed up and that the screw-up was malpractice—but without the aid of a lawyer, their own experts, or court-ordered discovery, and their fate would lie with a court dominated by the profession responsible for their injuries. (Mr. Howard, you still have not stated who, precisely, would pick the judges in these courts.) And the doctors would still get to defend themselves, presumably through a lawyer of their own. It's hard to see how patients would be getting a better deal from a health court than they currently get from a jury and the tort system.

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Howard: 3/15/05, 09:50 AM
Special health courts can achieve something a jury doesn't have the power to do—consistent rulings. The point is not that juries are "too dumb" but that the system tolerates wildly inconsistent results and provides no guidance.

Stephanie, I don't think you fairly respond to the fact, accepted by virtually every credible healthcare leader, that the current system of justice is (1) not fair to patients who are injured by mistakes—because it takes years, costs up to 40% in lawyers' fees, and often favors the doctors; (2) not fair to doctors especially in tragic situations where, studies show, juries favor victims even where there is no error; (3) infects the entire healthcare system with distrust, driving up costs, and driving down quality. You describe the idea of health courts as a kind of conspiracy to deprive Americans of the constitutional right to a jury trial. But the role of juries is to decide disputed issues of fact, like who's telling the truth.

Standards of care, which is what most malpractice cases are about, are supposed to be decided by judges as a matter of law. This is a core goal of the rule of law: like cases must be decided alike. Otherwise justice offers no guidance, and becomes distrusted.

What do patients get out of having health courts? Let's count the benefits: quicker, more reliable justice. Improved patient safety, lower costs. An open, trusting relationship with doctors. Liberalized compensation to cover avoidable injuries without the requirement of proving negligence. Under our proposal, the patient recovers automatically where the injury is out of the range of expected results—say, the patient went into the hospital for pneumonia and came out with a staph infection. Yes, patients still have their own lawyers, but the fees are a fraction of what they are today because the cases are over in months, not years.

Who will appoint the judges? We don't have a fixed view, as long as they're trusted. Maybe the Institute of Medicine can screen the selections. Or whoever you think is fair.

Mencimer: 3/15/05, 01:49 PM
If consistent compensation is really a primary goal of overhaluling the medical malpractice system, then we shouldn't even be talking about replacing juries with a health court. We should simply move to a no-fault administrative system in which all medical errors are compensated on a fixed schedule, as with worker's comp. Surgeon leaves a clamp in your belly? That'll be $16,432. He breaks your neck while inserting a breathing tube? Make it $100,000. Of course, not even worker's comp provides consistent results. Benefits vary widely from state to state, as they would in a health court, since malpractice cases involve state law. An arm lost on the job in Alabama is worth $48,000, while in New Hampshire, it's $280,000—a disparity that has nothing to do with juries. Insurance companies determine the benefit schedule, as they presumably would in a health court.

But the health court proposal overlooks the fact that Americans don't just sue their doctors to get compensation. Often a lawsuit is the only way they can force health care providers to acknowledge and explain negligent care. They sue to publicly hold medical professionals accountable for their conduct in the hope that it will prevent others from suffering a similar fate.

And it's not fear of lawsuits that has created a culture of secrecy in the health care system. Airing mistakes is bad for business. After all, who really wants to go to the hospital renowned for killing lots of patients during bypass surgery? Hospitals and doctors have a direct financial incentive to keep their errors under wraps that far exceeds the penalties they might suffer through lawsuits. In Massachusetts, for instance, nearly every hospital in the state is protected under charitable immunity provisions that limit liability to $20,000. Yet medical errors in Massachusetts are still wildly underreported compared with other states in which hospitals have less legal protection. Doctors rarely admit negligence even in the face of overwhelming evidence against them. I've interviewed several over the past two years who have either killed or severely injured people through negligent care, and not one of them ever expressed a moment of contrition about it even long after the suits were settled. To the contrary: they had become tort reform activists. One was a prominent dermopathologist who neglected to examine both sides of a biopsy slide. His error led to a miserably painful cancer death for a young mother. This doctor was so unapologetic that his lawyers forced him to settle the ensuing lawsuit mid-trial because his arrogance was alienating the jury. (When I talked to him, he blamed his troubles on the uneducated "plumbers and
strippers" he believed sat on the jury.)

In this case, neither the facts around the error nor the standard of care was in dispute, so it likely would have qualified for payment automatically under the rules proposed for a health court, without requiring any further litigation. But given the doctor's conduct, I doubt very much that the dead woman's family would have been satisfied just to get a check but not justice.

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Howard: 3/16/05, 10:08 AM
There are many warped incentives in healthcare today. That's why most patient safety experts are supporting the creation of a health courts that can make deliberate, binding decisions of right and wrong. Stephanie, you raise a number of good points.

(1) Why not a no-fault system with a fixed schedule of payments, based on error? That's similar to our proposal—but someone has to decide what's error and what's not. That's the role of the judge and medical staff in our health court. And part of Common Good's joint venture with Harvard is to model how to create a fair payment schedule for noneconomic damages.

(2) Yes, doctors and hospitals are extremely reluctant to admit error or explain adverse outcomes. I had a call last year from a mother whose son had died in routine surgery, who sued because she couldn't get a straight answer on what happened. The current legal system doesn't seem to create the right incentives. We hope a health court could reduce some of the irrational fears and begin to align incentives. (The Massachusetts limit on hospital liability doesn't work to promote disclosure because the doctors themselves don't have protection for open disclosure). By the way, Common Good has been advocating far stronger oversight over the licensing of doctors. Today, bad doctors keep their licenses by...yes, you guessed it, threatening to sue. They couldn't get away with that in a health court.

Mencimer: 3/16/05, 04:03 PM
The patient safety experts supporting health courts surely must be in the throes of those "irrational fears" you say have a death grip on the medical community. Their support can't possibly stem from a deep understanding of how the existing tort system actually works. For instance, you say these new courts would make "deliberate, binding decisions of right and wrong." Last time I checked, juries already make deliberate decisions of right and wrong.

As for the "binding" part, does this mean the health court decisions couldn't be appealed? Americans tend to be sticklers for due process, which is one reason health courts never took off 15 or 20 years ago. (The health court is an old saw cooked up by the American Medical Association. You can find it fully outlined in a 1989 Vanderbilt Law Review article.)

Here's another reason the health court wouldn't improve on the current system:

Unless the insurance industry plans to assume the responsibility (which would create a different set of concerns), the health court would require an enormous taxpayer-funded claims-administration bureaucracy. Currently, plaintiffs' lawyers do the job by weeding out thousands of nonmeritorious cases before they ever get to court—all on their own dime. Given the limited earning potential, I doubt many private lawyers could even afford to take cases before a health court, so the government could end up having to provide injured people counsel as well. (The Vanderbilt article takes this as a given.)

The health court is also a poor (and unconstitutional) substitute for a no-fault compensation system, which contrary to your assertion, would not require someone to decide what's an error and what isn't. The whole point of a no-fault system is that everyone who gets injured gets paid, regardless of fault. Of course, even though malpractice victims probably would get a better shake from a no-fault system than from the tort system, no one's proposing it because no-fault would be extraordinarily expensive. Payments would be lower and more predictable than jury awards, but a lot more people would get them, so doctors' insurance premiums would have to be exponentially higher or the compensation levels would have to be too piddly to matter. So instead what we're offered the worst of both worlds: a health court proposal that would deprive injured people of important constitutional rights in exchange for the chance to win less money.

It's swell, though, that a bunch of public-spirited corporate lawyers and smarty-pants Harvard doctors have appointed themselves arbiters of what fair damage awards should be when physicians kill and maim housewives and little kids. (Let's hope they index it to inflation!) But the populist in me believes this job ought to be left up to juries—average citizens from all walks of life who can take into account the unique circumstances of every individual case. Consistency in awards might be a great thing for insurance company bean-counters, but it doesn't necessarily equal fairness.

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Howard: 3/17/05, 08:57 AM
A goal of a health court is certainly fairer results—today most injured patients get nothing. But Stephanie, you don't give any time to the greater goal—to create a system that offers consistent guidance on standards of care. Juries can't do that. One jury doesn't bind the next.

The fear and distrust of ad hoc justice is a prime contributor to the growing crisis in quality and cost in American healthcare. Doctors squander billions on unnecessary tests because they don't trust justice. Some doctors don't keep up with best practices because there's no legal ruling telling them they will be presumptively liable. Health courts are not just a better dispute resolution mechanism—health courts are an essential step in fixing healthcare. You don't talk about the broader goal.

You suggest that this will be a dictatorial system. But a health court will be like other administrative courts—the plaintiff has a lawyer (but the lawyer costs less because the proceedings are quicker). Of course the rulings can be appealed—that's how we develop a body of consistent law. The main difference with workers comp is that there needs to be a finding of medical error—we can't afford to pay every sick person who gets sicker. In worker's comp, injury on the job is the basis for recovery. In health courts, medical error or mistake is the basis for recovery. The goal of our coalition is not to flip a switch and have health courts spring up overnight, but to get authorization for pilot projects. Let's see how they work. We're pretty optimistic they will be better for everyone.

Mencimer: 3/17/05, 03:33 PM
Lawsuits are a symptom of secrecy and shoddy medicine, not a cause of it. Forty years ago, doctors wouldn't even tell their patients that they were dying, much less brief them on all the risks of a procedure or admit a mistake. Lawsuits helped make the system more open, not more secretive.

Distrust within the health care system has a lot more to do with insurance companies like Aetna, whose CEO, I noticed, is backing your health court proposal. There's a whole battery of lawyers in this country who do nothing but represent people who died because managed care companies refused to pay for critical tests. (And there's another battery of lawyers representing doctors against companies like Aetna, which recently settled a class action for $470 million after 700,000 doctors alleged Aetna stiffed them on payments and wrongly interfered with their treatment of patients.)

Managed care is one reason I suspect that "defensive medicine" is a myth. Doctors who order unnecessary tests usually do it to make money, not avoid lawsuits. The U.S. Government Accountability Office recently concluded that doctors with a financial interest in an imaging center ordered twice as many MRIs as those who didn't. That's one reason that MRI costs have been growing 20 percent a year since 2000. And just last week, a bunch of California doctors were busted for allegedly paying thousands of people to undergo surgery they didn't need so they could file $1 billion in fraudulent insurance claims. Clearly they were suffering fear of "ad hoc justice" when they cooked up that scheme!

But I'm surprised, Philip, that you continue to blame lawsuits for skyrocketing health care costs when even Common Good's own patient safety expert Troyen Brennan has roundly debunked that notion. (See his article, "Deterrence of Medical Errors: Theory and Evidence for Malpractice Reform," in the June 2002 Texas Law Review.)

If doctors really want more guidance on standards of care, they could have it tomorrow without depriving a single American of her constitutional rights. It's called regulation. But doctors hate regulation so much they've even resisted the 20-year campaign to get surgeons to voluntarily "sign your site" so they don't do stuff like amputate the wrong leg. Any lack of standard of care guidance is the medical profession's fault, not the jury's.

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Howard: 3/18/05, 09:08 AM
We can agree, I bet, that accountability is crucial, not only in healthcare but in all social enterprises. Lawsuits are one form of accountability. Licensing is another.

The problem in healthcare justice is that accountability is erratic, skewing incentives in ways that hurt both doctors and patients. Health courts will not eliminate lawsuits, but make them more effective. Health courts will not weaken accountability, but make it stronger. By enhancing reliability, health courts will achieve the coherent regulatory function that's missing in the jury-by-jury approach.

Ultimately the only way to prove that health courts will achieve these goals is to try them. Let's do some pilot projects and see.

Mencimer: 3/18/05, 11:08 PM
Accountability is about all we can agree on. The health court is a Trojan horse—tort reform disguised in soothing, focus-grouped language about fairness. In fact, the proposal contains all the same old stuff that tort reformers have been trying to win for decades.

The health courts, for instance, would cap plaintiffs' attorneys' fees under the guise of getting more money to victims. For the past several years, Philip's group has been petitioning various state courts, including the one in my home state of Utah, to cap contingency fees. All the proposals have been rejected because, rather than save clients money, they prevent people from getting representation at all. (It also creates a huge equal protection problem, akin to letting doctors spend millions to hire Johnnie Cochran to defend them but restricting their victims' choice to the drunks in the traffic bar who will work for peanuts.) Tucked quietly into Common Good's proposal is also a cap on noneconomic damages, a discriminatory measure that most hurts people with the most serious injuries.

Given all that, it's hard to see how this proposal is either new or improved. If Common Good and its supporters really want to help injured patients and their families, they should use their considerable political clout to push for universal health care, so that people can care for their brain-damaged babies regardless of who caused their injuries. Otherwise, the health court proposal is just another ploy to rig the legal system in favor of lousy doctors and the insurance companies that have to clean up their messes.

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Stock is a capital asset - hold it for more than a year before a sale and you get long term capital gain with a tax rate much more favorable than ordinary income.  So why did a court hold that a majority of proceeds arising from a stock sale were ordinary income? Because of a combination of poor drafting, poor reporting and some unhelpful facts.

In Brinkley v. Commissioner, 116 AFTR 2d 2015 (5th Cir. 2015), an individual owned stock in a corporation being acquired by Google. As part of the deal, Google also wanted this shareholder to become its employee. In the merger, Google paid him a lump sum that was more than the deal's per share value. The selling shareholder wanted to treat the entire lump sum as capital gain. What went wrong? The court observed a few things that may have been handled differently.

First, the court considered three drafts of a letter agreement with the shareholder for the transaction, two of which weren't helpful for an all capital gain characterization. The first draft referenced a lump sum payment that it said consisted of both cash for shares and compensation. This description caused the shareholder to bring in tax attorneys who negotiated a redraft which said the consideration was all for the shares. Unfortunately, this second version - which was helpful - was never signed. Then a third re-draft surfaced stating that the payment was for (i) the exchange of shares, and (ii) the execution of an employee offer letter. This less helpful version, unfortunately, got signed.

  • It's worth noting that the court (and the IRS, for that matter) didn't limit its review solely to the signed agreement. It took into account earlier drafts, although it placed more weight on the signed version.

Second, the company reported over half the lump sum payment as compensation on a Form W-2. The tax lawyers threatened to sue unless the amount reported on the W-2 was corrected to show all of the payment as a capital transaction. The company never responded to the threat, and no suit was filed. The selling shareholder filed his 1040 inconsistently with the W-2, reporting all of the proceeds as in exchange for stock on Schedule D.

  • It's worth noting that these inconsistent filing positions virtually guaranteed an IRS review.

Finally, the merger agreement included schedules identifying the selling shareholder as a recipient of deferred compensation and referencing the letter agreement as a "deferred compensation plan." The selling shareholder read the merger agreement in draft without schedules, but signed a document saying he had read the agreement and agreeing to be bound by its terms.

The court was persuaded that the IRS correctly characterized the portion of payment reported on the Form W-2 as ordinary income.

How could the seller's desired tax characterization have been improved?

  • All of the documentation (including early drafts) should have reflected that the consideration was all for stock. This includes not only the letter agreement, but the merger agreement and its schedules.
  • Better yet, the documentation should have included a good reason why the selling shareholder got more money per share value than the deal's per share value (other than because of his employee status, assuming there was one).
  • The agreements definitely should have required all the parties to report payments made to the selling shareholder as 100% in exchange for the stock. Everyone knows up front the payment will get reported one way or the other - why not provide for how that happens in the agreements?  Once the W-2 is issued, the cat's out of the bag and it's a difficult and uphill battle to recharacterize.

None of this is to say that compensation should ever be misreported. If in fact some of the lump sum payment was compensation, then it's best to provide for that straight up in the agreements. Specify the amount of the compensation, and how it will be reported. It's better to have those discussions in the context of negotiations, before information reports are issued, so there are no surprises down the road.


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Distributors of free Apps shall comply with stringent transparency obligations following an investigation from the Italian competition authority.

Last year, the Italian competition authority (AGCM) that in Italy has jurisdiction also on misleading advertising and unfair commercial practices, opened an investigation on game Apps that, although downloadable for free, required users to make subsequent payments in order to continue the game and enjoy all its features.

During the investigation, the AGCM held that the practice could be considered deceptive and misleading for the consumers, also because, among others, the App distributors did not provide the consumer with transparent and full information on the real cost of the App and on how to avoid or limit the purchase of the additional features. And the issue was even more relevant considering the fact that the Apps were addressed to children.

To meet the AGCM concerns, the App distributors presented specific commitments in order to remove any misleading features. In particular, they committed to remove the “free” claim from the online store and to specify whether the Apps contain in-app purchases. The AGCM accepted the commitments and made them binding for the challenged App distributors without further reviewing the alleged infringement.

The AGCM investigation is not at all surprising as it follows the concerns raised by the EU Commission last year. In fact, as you can see here, in June 2014 the Commission stated that “following a large number of complaints in EU countries concerning in-app purchases in online games and in particular inadvertent purchases by children, national authorities joined forces with the European Commission to find solutions“. Following such statement, the EU Commission requested the App industry to provide solutions able to protect users and to guarantee compliance with the consumer legislation and in particular adequately protect children.

And game Apps have been scrutinized lately not only under a consumer protection standpoint, but also from a privacy law point of view as you can see from the post of our colleagues here.

Apps are then the users worst enemy? Not at all! There is no doubt that Apps will be exponentially used in our everyday life. However both distributors and developers shall bear in mind that both consumer protection and data protection issues shall be carefully considered when implementing and/or advertising Apps, especially when the Apps are addressed to children.


text: In his 2015-2016 annual report, the Chief Coroner in England and Wales, His Honour Judge Peter Thornton QC pulled no punches in relation to DOLS. He reported a substantial increase in the caseload of all coroners “for no good purpose” as an “unanticipated  and  unwanted”  consequence of the Supreme Court decision in Cheshire West. For the first time, the report reveals the number  of inquests held for people who died while under  a DOLS authorisation which was 7,183 in 2015. As a consequence, bereaved families have been caused considerable distress. The  Chief  Coroner has called for the Coroners and Justice Act 2009   to be amended so that those who die while  subject to a DOLS authorisation should not be subject to a coroner’s investigation unless there    is a specific reason for referral to the coroner. Readers may well be aware not just that this was an issue addressed in the Law Commission’s Interim Statement on its Mental Capacity and Deprivation of Liberty project, but that Ann Coffey MP sought to move a probing amendment to this end to the Police and Crime Bill in the House of Commons.   She did not press it, but the Minister for Policing, Mike Penning noted that it was “probing in exactly the right direction,” and it may well be that this matter is revisited when the matter reaches the House of Lords.


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Abraham (Bram) Costin

McCarthy Tétrault LLP

66 Wellington St W, Suite 5300, TD Bank Twr
Toronto, ON M5K 1E6
Phone: (416) 601-7762
Fax: (416) 868-0673
E-mail: acostin@mccarthy.ca

Partner in the firm’s Real Property and Planning Group in Toronto. Practice covers a full range of transactions, including leasing, acquisitions, development and financing. Acts for both large and small developers, pension funds and financial institutions. Practice also includes insolvency and realization work related to real property. Fellow and member of the Board of Regents of the American College of Mortgage Attorneys. Member of the Advisory Board of the Georgetown Law School Advanced Commercial Leasing Institute. Appears in all editions of The Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada in the area of Property Development. He is recognized in the 2002–2013 editions of Chambers Global: The World’s Leading Lawyers in the area of real estate law. Costin is also listed in the 2015 edition of The Best Lawyers in Canada, in the fields of real estate law and commercial leasing law, and has been named the Best Lawyers’ 2011 Toronto real estate lawyer of the year. Admitted to the Ontario Bar in 1982.

Year Called to the Bar:1982 (ON)
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Search the LHSFNA website
Published: Spring, 2006; Vol 8, Num 2

Sunscreen and Vitamin D

Last year’s sunscreen controversy might be called the “Vitamin D Dilemma.”

Because people generate a considerable portion of the vitamin D they need for strong bones and teeth through interaction with the sun’s ultraviolet rays, some analysts – recognizing that many people are not getting enough vitamin D – suggested that the growing use of sunscreen could be a cause of the problem.

This provoked a spat of news reports covering both sides of the question. For some readers, the assessments were confusing and the best practice remains unclear.

Best Practice

Generally, sunscreen provides important protection against the dangers in solar radiation, and its use should be continued, especially for light-skinned people, people who work outside and those who are out at the height of the sun’s intensity – between 10 am and 4 pm daily.

According to the American Academy of Dermatology, “Normal vitamin D levels are easily maintained through routine daily activities (even when wearing sunscreen) and a normal diet. Supplemental vitamin D tablets are typically not needed.”

However, some people do suffer from a lack of vitamin D. Low levels of vitamin D can cause muscle weakness and pain and, as people age, can lead to osteoporosis – weak and brittle bones that can easily fracture. Some studies have shown that vitamin D reduces blood pressure and reduces the risk of autoimmune diseases.

One way to increase vitamin D is to take vitamin tablets or to change one’s diet to include more vitamin D-fortified foods (milk and some cereals) or foods with naturally high levels, such as eggs (yolks), salmon, tuna, mackerel and sardines. Before taking supplements or making significant diet changes, one should talk to a doctor. Overconsumption of vitamin D can cause toxicity.

For more information on vitamin D, visit the National Institutes of Health or the American Academy of Dermatology.


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About us

Tuesday Talks: Should Government Regulate Food Advertising to Children?

Date: March 1, 2011

Times: 11:00 am - 12:00 pm

Location:   Main Library

Contact: Maliaca Oxnam

Cost: Free

Join us for Tuesday Talks @ the University Libraries, an exciting lecture series that explores the wide ranging research interests at the University of Arizona.

Dale Kunkel, Professor of Communication in the UA College of Social & Behavioral Sciences, will consider the question “Should Government Regulate Food Advertising to Children?” According to Kunkel’s research, children have heavy exposure to food marketing messages in the media, and the predominance of advertising for unhealthy products has been identified as a significant contributor to the childhood obesity crisis. Despite food industry pledges to advertise only healthy foods to children, research indicates that little has changed in terms of the nutritional quality of foods marketed to children on television. This lecture makes the case that restrictions on advertising of unhealthy food products to children should be adopted to help address the growing crisis of childhood obesity.


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Difference and Repetition by Gilles Deleuze
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la répétition forme une synthèse des temps succéssifs indépendants cette synthèse contracte les temps les uns dans les autres
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"It is these three syntheses which must be understood as constitutive of the unconscious. They correspond to the figures of repetition which appear in the work of a great novelist: the binding, the ever renewed fine cord; the ever displaced stain on the wall; the ever erased eraser. The repetition-binding, the repetition-stain, the repetition-eraser: the three beyonds of the pleasure principle. The first synthesis expresses the foundation of time upon the basis of a living present, a foundation which endows pleasure with its value as a general empirical principle to which is subject the content of the psychic life in the Id. The second synthesis expresses the manner in which time is grounded in a pure past, a ground which conditions the application of the pleasure principle to the contents of the Ego. The third synthesis, however, refers to the absence of ground into which we are precipitated by the ground itself: Thanatos appears in third place as this groundlessness, beyond the ground of Eros and the foundation of Habitus. He therefore has a disturbing kind of relation with the pleasure principle which is often expressed in the unfathomable paradoxes of a pleasure linked to pain (when in fact it is a question of something else altogether: the desexualisation which operates in this third synthesis, in so far as it inhibits the application of the pleasure principle as the prior directive idea in order then to proceed to a resexualisation in which pleasure is invested only in a pure, cold, apathetic and frozen thought, as we see in the cases of sadism and masochism). In one sense the third synthesis unites all the dimensions of time, past, present and future, and causes them to be played out in the pure form. In another sense it involves their reorganisation, since the past is treated in function of a totality of time as the condition by default which characterises the Id, while the present is defined by the metamorphosis of the agent in the ego ideal. In a third sense, finally, the ultimate synthesis concerns only the future, since it announces in the superego the destruction of the Id and the ego, of the past as well as the present, of the condition and the agent. At this extreme point the straight line of time forms a circle again, a singularly tortuous one; or alternatively, the death instinct reveals an unconditional truth hidden in its „other” face – namely, the eternal return in so far as this world which has rid itself of the default of the condition and the equality of the agent in order to affirm only the excessive and the unequal, the extreme formality. This is how the story of time ends: by undoing its too well centred natural or physical circle and forming a straight line which then, led by its own length, reconstitutes an eternally decentred circle." (140-1)
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Amazon.com Product Description (ISBN 0231081596, Paperback)

This brilliant exposition of the critique of identity is a classic in contemporary philosophy and one of Deleuze's most important works. Of fundamental importance to literary critics and philosophers,Difference and Repetition develops two central concepts—pure difference and complex repetition&mdasha;and shows how the two concepts are related. While difference implies divergence and decentering, repetition is associated with displacement and disguising. Central in initiating the shift in French thought away from Hegel and Marx toward Nietzsche and Freud, Difference and Repetition moves deftly to establish a fundamental critique of Western metaphysics.

(retrieved from Amazon Thu, 12 Mar 2015 18:22:27 -0400)

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Since its publication in 1968, "Difference and Repetition", an exposition of the critique of identity, has come to be considered a contemporary classic in philosophy and one of Deleuze's most important works. The text follows the development of two central concepts, those of pure difference and complex repetition. It shows how the two concepts are related, difference implying divergence and decentring, repetition being associated with displacement and disguising. The work moves deftly between Hegel, Kierkegaard, Freud, Althusser and Nietzsche to establish a fundamental critique of We.… (more)

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June 2013

After nearly a decade of anticipation, LINKIN PARK returns to Malaysia to kick off their LIVING THINGS World Tour on August 19th at Stadium National, Bukit Jalil at 8:00pm.

The award-winning, multi-platinum alternative rock band, LINKIN PARK is comprised of co-lead vocalist, Chester Bennington, drummer/percussionist, Rob Bourdon, guitarist Brad Delson, bassist Dave ‘Phoenix’ Farrell, DJ and programmer Joe Hahn and Mike Shinoda, co-lead vocals, keyboards, guitar. The band has sold over 50 million albums worldwide, and is the biggest band on Facebook – with over 53 million fans and counting.

XFM. Kami Tak Hot, Kami Cool!


text:
Monday, 7 March 2011

Not A Weather Story

Today is our March blowout that happens almost every year. We have a good blowy snowy storm, everything comes to a standstill, and we're all surprised that this happened. As a rule, March snow doesn't last all that long as our temperatures climb to the above freezing level.

This is not a weather story:

This is about injustice.
This is about loss of innocence.
This is about how life can play the worst kind of tricks on you before you understand what's going on.

After looking out the window this morning, I did a few quick calculations:
  • My energy level x the weight of my laptop x wind velocity.
  • Add this to number of blocks I have to walk to the metro.
  • Take the square root of subtotal, add expected number of inches of snow, and voila.
  • The answer comes to "stay home today".
        I confess I had to do this several times to get the answer I wanted.

While listening to the radio announce the school closures I was reminded of what a great event a storm was when I was a kid. Storm day!  What could be better?  Yes, it was too bad outside to go to school. No, it wasn't too bad outside to meet your friends, build a snow fort or snowman, or go tobogganing down the nearest snow bank. It was better than scheduled holidays because it was a free day!

This didn't just apply to kids. Teenagers, adults - we all got a free day when there was nothing we could do except stay close to home, hopefully have some fun, and wait for the snow to stop. (As teenagers my friend Laura and I  were particularly keen on snow days - junk food, soap operas - we loved it)!

But today, while listening to the announcer, I was shocked to hear him say " must attend on line classes". Whoa!  Back it up!  This can't be happening! On line classes?  What about snowmen?  What about going out with friends? What about a bonus day just for living in this climate?

This is just another example of technology gone amok. This can't be a good thing!  When a fabulous snow day becomes a day stuck in front of a monitor, well, I give up.

I'm just saying......

1 comment:


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The Vedic Astrology Diary articles of the last week have discussed technical versus artistic directions in education. Based on this information please analyze the following chart and vote in the web poll below - Is This a Technical or Artistic Chart? Find out the answer on Tuesday, November 29th after Vaughn Paul returns from a Thanksgiving holiday. Happy Thanksgiving!!


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About St. John Church Unleashed Grand Prairie

The St. John Church is called of God to be a ministry which serves in multiple locations and responds to an expanding community. The community is defined by our commitment to Christ beyond demographics.

About Pastor Denny D. Davis

A great pastor must possess both vision and a heart for God and His people. The St. John Church has found both and more in Pastor Denny D. Davis, Sr. He is a pastor with conviction, integrity, and a big heart, who has been shepherding the St. John Church for 19 years.

Pastor Davis, was born to Almeda and Andrew Davis and was reared as an only child in the rural city of Champaign, Illinois. At 12 years old, Pastor Davis gave his life to Christ, by the tender age of 14, he knew he was called to the ministry and began handwriting sermons in his bedroom. It was at his home church, The Mount Olive Baptist Church pastored by Rev. Lundy Savage, that Pastor Davis announced his call to preach in 1976. Rev. Savage continued to encourage and nurture Pastor Davis’ gift and allowed him to preach his first sermon February 17, 1977.

Pastor Davis knew he needed to cultivate his gift further through formal education and with the support and encouragement of his mother, after high school, he moved to Dallas, Texas to pursue a Bachelors degree in Religion with a minor in Business Administration from Bishop College. During his college years, Pastor Davis was the President of the Minister’s Lyceum and was heavily involved with many churches in the Dallas community.

His gift and calling was continually nurtured and developed under the watch of many of Dallas’ veteran pastors and preachers, including the late Rev. S.M. Wright of The People’s Baptist Church. It was with the support of these pastors, that Rev. Davis learned what it truly meant to shepherd and lead a people.

In 1983, Pastor Davis married his high school love, Wanda Bolton-Davis, the two made there home in Dallas. In August 1984, Pastor Davis accepted his first pastoral position at the Mount Rose Baptist Church in Dallas, Texas and just one year later, the Davis’ had their first child.

Pastor Davis continued his educational pursuit and received his Masters in Theology from Brite School of Divinity at Texas Christian University. The Davis’ then gave birth to their second child and three years later, in 1991, Pastor Davis was called to pastor the St. John Church in Grand Prairie, Texas.

Since assuming the pastorate position, St. John has grown exponentially both spiritually and physically. The Lord has blessed and added more than 12,000 new members, and more than 80 ministries within the church.

In 1995, one year before the Davis’ third child was born, the St. John Church was able to retire a half million-dollar mortgage note, within 26 months. This allowed the ministry to work towards Vision 2000, a 3.5 million dollar, much-needed expansion project, which was completed debt free in 2000.

Shortly after the completion of Vision 2000, Pastor Davis, felt the Lord sending him into uncharted territory, Southlake, Texas. Recognizing the need to develop a church in a growing community where few churches existed, Pastor Davis started the St. John North Family Fellowship Church (now named, St. John Southlake Campus). The church began as a small group of Christians meeting in various home-based settings. The meeting locations soon began meeting in a single office suite and later expanded to multiple office suites.

In 2004, St. John Church broke ground on the capital plan to build a full church facility to better serve the Southlake community. In December 2007, the St. John Southlake Campus, an 80,000 square foot facility that supports 2400 worshippers, was completed.

Under Pastor Davis’ guidance, St. John Church has become one church in multiple locations offering four Sunday worship services and three mid-week Bible studies every week.

Pastor Davis is married to Wanda Levette Bolton-Davis and has three children: Kandis Levette, Denny Dwight II, and Destiny DeYonne.

Other Accomplishments:
• Reverend Davis has served as First Vice President of the Fellowship District Congress of Christian Workers and currently serves as the Corresponding Secretary of the State Congress of Christian Workers, Missionary Baptist General Convention of Texas.
• He has served as the Second Vice Moderator of the Fellowship District, and on the Advisory Committee of the National Baptist Publishing Board.
• Currently he serves as the Director General of the fellowship District Association.
• He is also a member of the Bishop 5 Plus 1 Revival Team.

Contact St. John Church Unleashed Grand Prairie with Pastor Denny D. Davis

St. John Grand Prairie Campus
1701 West Jefferson
Grand Prairie, TX 75051


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There are several ways to show an archive of posts on your home page. Here are a few.

You can go to Settings –> Reading and change what shows on your front page to Your Latest Posts and call it a day. If you’re using WOO Themes Canvas, then you have some more options to gussy up those posts with thumbnail resizing and whatnot. You can also do recent posts and then choose to do more with a widgetized page (e.g. Magazine layout or widgetized page layout, etc.).


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New from Oxford University Press!

Style, Mediation, and Change

Edited by Janus Mortensen, Nikolas Coupland, and Jacob Thogersen

Style, Mediation, and Change "Offers a coherent view of style as a unifying concept for the sociolinguistics of talking media."

New from Cambridge University Press!

Intonation and Prosodic Structure

By Caroline Féry

Intonation and Prosodic Structure "provides a state-of-the-art survey of intonation and prosodic structure."

The LINGUIST List is dedicated to providing information on language and language analysis, and to providing the discipline of linguistics with the infrastructure necessary to function in the digital world. LINGUIST is a free resource, run by linguistics students and faculty, and supported by your donations. Please support LINGUIST List during the 2017 Fund Drive.

Academic Paper

Title: Home language: Refuge, resistance, resource?
Author: Mary McGroarty
Institution: Northern Arizona University
Linguistic Field: Applied Linguistics; Sociolinguistics
Subject Language: English
Abstract: This presentation builds on the concept of orientations to languages other than English in the US first suggested by Ruíz (1984). Using examples from recent ethnographic, sociolinguistic, and policy-related investigations undertaken principally in North America, the discussion explores possible connections between individual and group language identities. It demonstrates that orientations to languages are dynamic inside and outside speech communities, varying across time and according to multiple contextual factors, including the history and size of local bilingual groups along with the impact of contemporary economic and political conditions. Often the conceptions of multiple languages reflected in policy and pedagogy oversimplify the complexity documented by research and raise questions for teaching practice.

This article appears IN Language Teaching Vol. 45, Issue 1.

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           Just-in-time  compiling  is a heavyweight optimization that can greatly
           speed up pattern matching. However, it comes at the cost of extra  pro-
           cessing before the match is performed. Therefore, it is of most benefit
           when the same pattern is going to be matched many times. This does  not
           necessarily  mean  many calls of a matching function; if the pattern is
           not anchored, matching attempts may take place many  times  at  various
           positions  in  the  subject, even for a single call.  Therefore, if the
           subject string is very long, it may still pay to use  JIT  for  one-off
           JIT  support  applies  only to the traditional Perl-compatible matching
           function.  It does not apply when the DFA matching  function  is  being
           used. The code for this support was written by Zoltan Herczeg.

           JIT  support  is available for all of the 8-bit, 16-bit and 32-bit PCRE
           libraries. To keep this documentation simple, only the 8-bit  interface
           is described in what follows. If you are using the 16-bit library, sub-
           stitute the  16-bit  functions  and  16-bit  structures  (for  example,
           pcre16_jit_stack  instead  of  pcre_jit_stack).  If  you  are using the
           32-bit library, substitute the 32-bit functions and  32-bit  structures
           (for example, pcre32_jit_stack instead of pcre_jit_stack).

           JIT  support  is  an  optional  feature of PCRE. The "configure" option
           --enable-jit (or equivalent CMake option) must  be  set  when  PCRE  is
           built  if  you want to use JIT. The support is limited to the following
           hardware platforms:
             ARM v5, v7, and Thumb2
             Intel x86 32-bit and 64-bit
             MIPS 32-bit
             Power PC 32-bit and 64-bit
             SPARC 32-bit (experimental)
           If --enable-jit is set on an unsupported platform, compilation fails.
           A program that is linked with PCRE 8.20 or later can tell if  JIT  sup-
           port  is  available  by  calling pcre_config() with the PCRE_CONFIG_JIT
           option. The result is 1 when JIT is available, and  0  otherwise.  How-
           ever, a simple program does not need to check this in order to use JIT.
           The normal API is implemented in a way that falls back to the interpre-
           tive code if JIT is not available. For programs that need the best pos-
           sible performance, there is also a "fast path"  API  that  is  JIT-spe-
           If  your program may sometimes be linked with versions of PCRE that are
           older than 8.20, but you want to use JIT when it is available, you  can
           ensures that
                 any JIT data is also freed.
           For  a  program  that may be linked with pre-8.20 versions of PCRE, you
           can insert
             #ifndef PCRE_STUDY_JIT_COMPILE
             #define PCRE_STUDY_JIT_COMPILE 0
           so that no option is passed to pcre_study(),  and  then  use  something
           like this to free the study data:
             #ifdef PCRE_CONFIG_JIT
           PCRE_STUDY_JIT_COMPILE  requests  the JIT compiler to generate code for
           complete matches.  If  you  want  to  run  partial  matches  using  the
           PCRE_PARTIAL_HARD  or  PCRE_PARTIAL_SOFT  options  of  pcre_exec(), you
           should set one or both of the following  options  in  addition  to,  or
           instead of, PCRE_STUDY_JIT_COMPILE when you call pcre_study():
           The  JIT  compiler  generates  different optimized code for each of the
           three modes (normal, soft partial, hard partial). When  pcre_exec()  is
           called,  the appropriate code is run if it is available. Otherwise, the
           pattern is matched using interpretive code.
           In some circumstances you may need to call additional functions.  These
           are  described  in  the  section  entitled  "Controlling the JIT stack"
           If JIT  support  is  not  available,  PCRE_STUDY_JIT_COMPILE  etc.  are
           ignored, and no JIT data is created. Otherwise, the compiled pattern is
           passed to the JIT compiler, which turns it into machine code that  exe-
           cutes  much  faster than the normal interpretive code. When pcre_exec()
           is passed a pcre_extra block containing a pointer to JIT  code  of  the
           appropriate  mode  (normal  or  hard/soft  partial), it obeys that code
           instead of running the interpreter. The result is  identical,  but  the
           compiled JIT code runs much faster.
           There  are some pcre_exec() options that are not supported for JIT exe-
           cution. There are also some  pattern  items  that  JIT  cannot  handle.
           Details  are  given below. In both cases, execution automatically falls
           back to the interpretive code. If you want  to  know  whether  JIT  was
           actually  used  for  a  particular  match, you should arrange for a JIT
           callback function to be set up as described  in  the  section  entitled
           many times as you like for matching different subject strings.

           The  only  pcre_exec() options that are supported for JIT execution are
           The only unsupported pattern items are \C (match a  single  data  unit)
           when  running in a UTF mode, and a callout immediately before an asser-
           tion condition in a conditional group.

           When a pattern is matched using JIT execution, the  return  values  are
           the  same as those given by the interpretive pcre_exec() code, with the
           addition of one new error code: PCRE_ERROR_JIT_STACKLIMIT.  This  means
           that  the memory used for the JIT stack was insufficient. See "Control-
           ling the JIT stack" below for a discussion of JIT stack usage. For com-
           patibility  with  the  interpretive pcre_exec() code, no more than two-
           thirds of the ovector argument is used for passing back  captured  sub-
           The  error  code  PCRE_ERROR_MATCHLIMIT  is returned by the JIT code if
           searching a very large pattern tree goes on for too long, as it  is  in
           the  same circumstance when JIT is not used, but the details of exactly
           what is counted are not the same. The  PCRE_ERROR_RECURSIONLIMIT  error
           code is never returned by JIT execution.

           The  code  that  is  generated by the JIT compiler is architecture-spe-
           cific, and is also position dependent. For those reasons it  cannot  be
           saved  (in a file or database) and restored later like the bytecode and
           other data of a compiled pattern. Saving and  restoring  compiled  pat-
           terns  is not something many people do. More detail about this facility
           is given in the pcreprecompile documentation. It should be possible  to
           run  pcre_study() on a saved and restored pattern, and thereby recreate
           the JIT data, but because JIT compilation uses  significant  resources,
           it  is  probably  not worth doing this; you might as well recompile the
           original pattern.

           When the compiled JIT code runs, it needs a block of memory to use as a
           stack.   By  default,  it  uses 32K on the machine stack. However, some
           large  or  complicated  patterns  need  more  than  this.   The   error
           PCRE_ERROR_JIT_STACKLIMIT  is  given  when  there  is not enough stack.
           Three functions are provided for managing blocks of memory for  use  as
           JIT  stacks. There is further discussion about the use of JIT stacks in
           the section entitled "JIT stack FAQ" below.
             pcre_extra         *extra
             pcre_jit_callback  callback
             void               *data
           The extra argument must be  the  result  of  studying  a  pattern  with
           PCRE_STUDY_JIT_COMPILE etc. There are three cases for the values of the
           other two options:
             (1) If callback is NULL and data is NULL, an internal 32K block
                 on the machine stack is used.
             (2) If callback is NULL and data is not NULL, data must be
                 a valid JIT stack, the result of calling  pcre_jit_stack_alloc().
             (3) If callback is not NULL, it must point to a function that is
                 called with data as an argument at the start of matching, in
                 order to set up a JIT stack. If the return from the callback
                 function is NULL, the internal 32K stack is used; otherwise the
                 return value must be a valid JIT stack, the result of calling
           A  callback function is obeyed whenever JIT code is about to be run; it
           is not obeyed when pcre_exec() is called with options that  are  incom-
           patible for JIT execution. A callback function can therefore be used to
           determine whether a match operation was  executed  by  JIT  or  by  the
           You may safely use the same JIT stack for more than one pattern (either
           by assigning directly or by callback), as long as the patterns are  all
           matched  sequentially in the same thread. In a multithread application,
           if you do not specify a JIT stack, or if you assign or pass  back  NULL
           from  a  callback, that is thread-safe, because each thread has its own
           machine stack. However, if you assign  or  pass  back  a  non-NULL  JIT
           stack,  this  must  be  a  different  stack for each thread so that the
           application is thread-safe.
           Strictly speaking, even more is allowed. You can assign the  same  non-
           NULL  stack  to any number of patterns as long as they are not used for
           matching by multiple threads at the same time.  For  example,  you  can
           assign  the same stack to all compiled patterns, and use a global mutex
           in the callback to wait until the stack is available for use.  However,
           this is an inefficient solution, and not recommended.
           This  is a suggestion for how a multithreaded program that needs to set
           up non-default JIT stacks might operate:
             During thread initalization
               thread_local_var = pcre_jit_stack_alloc(...)
             During thread exit
           where the local data of the current node is pushed before checking  its
           child nodes.  Allocating real machine stack on some platforms is diffi-
           cult. For example, the stack chain needs to be updated every time if we
           extend  the  stack  on  PowerPC.  Although it is possible, its updating
           time overhead decreases performance. So we do the recursion in  memory.
           (2) Why don't we simply allocate blocks of memory with malloc()?
           Modern  operating  systems  have  a  nice  feature: they can reserve an
           address space instead of allocating memory. We can safely allocate mem-
           ory  pages  inside  this address space, so the stack could grow without
           moving memory data (this is important because of pointers). Thus we can
           allocate  1M  address space, and use only a single memory page (usually
           4K) if that is enough. However, we can still grow up to 1M  anytime  if
           (3) Who "owns" a JIT stack?
           The owner of the stack is the user program, not the JIT studied pattern
           or anything else. The user program must ensure that if a stack is  used
           by  pcre_exec(), (that is, it is assigned to the pattern currently run-
           ning), that stack must not be used by any other threads (to avoid over-
           writing the same memory area). The best practice for multithreaded pro-
           grams is to allocate a stack for each thread,  and  return  this  stack
           through the JIT callback function.
           (4) When should a JIT stack be freed?
           You can free a JIT stack at any time, as long as it will not be used by
           pcre_exec() again. When you assign the  stack  to  a  pattern,  only  a
           pointer  is set. There is no reference counting or any other magic. You
           can free the patterns and stacks in any order,  anytime.  Just  do  not
           call  pcre_exec() with a pattern pointing to an already freed stack, as
           that will cause SEGFAULT. (Also, do not free a stack currently used  by
           pcre_exec()  in  another  thread). You can also replace the stack for a
           pattern at any time. You  can  even  free  the  previous  stack  before
           assigning a replacement.
           (5)  Should  I  allocate/free  a  stack every time before/after calling
           No, because this is too costly in  terms  of  resources.  However,  you
           could  implement  some clever idea which release the stack if it is not
           used in let's say two minutes. The JIT callback  can  help  to  achieve
           this without keeping a list of the currently JIT studied patterns.
           (6)  OK, the stack is for long term memory allocation. But what happens
           if a pattern causes stack overflow with a stack of 1M? Is that 1M  kept
           until the stack is freed?
           Especially  on embedded sytems, it might be a good idea to release mem-
           ory sometimes without freeing the stack. There is no API  for  this  at
             int rc;
             int ovector[30];
             pcre *re;
             pcre_extra *extra;
             pcre_jit_stack *jit_stack;
             re = pcre_compile(pattern, 0, &error, &erroffset, NULL);
             /* Check for errors */
             extra = pcre_study(re, PCRE_STUDY_JIT_COMPILE, &error);
             jit_stack = pcre_jit_stack_alloc(32*1024, 512*1024);
             /* Check for error (NULL) */
             pcre_assign_jit_stack(extra, NULL, jit_stack);
             rc = pcre_exec(re, extra, subject, length, 0, 0, ovector, 30);
             /* Check results */

           Because the API described above falls  back  to  interpreted  execution
           when JIT is not available, it is convenient for programs that are writ-
           ten for general use in many  environments.  However,  calling  JIT  via
           pcre_exec()  does  have a performance impact. Programs that are written
           for use where JIT is known to be available, and  which  need  the  best
           possible  performance,  can  instead  use a "fast path" API to call JIT
           execution directly instead of calling pcre_exec() (obviously  only  for
           patterns that have been successfully studied by JIT).
           The  fast path function is called pcre_jit_exec(), and it takes exactly
           the same arguments as pcre_exec(), plus one  additional  argument  that
           must  point  to a JIT stack. The JIT stack arrangements described above
           do not apply. The return values are the same as for pcre_exec().
           When you call pcre_exec(), as well as testing for  invalid  options,  a
           number of other sanity checks are performed on the arguments. For exam-
           ple, if the subject pointer is NULL, or  its  length  is  negative,  an
           immediate  error  is given. Also, unless PCRE_NO_UTF[8|16|32] is set, a
           UTF subject string is tested for validity. In the interests  of  speed,
           these checks do not happen on the JIT fast path, and if invalid data is
           passed, the result is undefined.
           Bypassing the sanity checks  and  the  pcre_exec()  wrapping  can  give
           speedups of more than 10%.

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Welcome to the most active Linux Forum on the web.
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Linux - Hardware This forum is for Hardware issues.
Having trouble installing a piece of hardware? Want to know if that peripheral is compatible with Linux?

  Search this Thread
Old 10-07-2004, 09:37 AM   #1
LQ Newbie
Registered: Aug 2004
Distribution: Fedora Core 4
Posts: 6

Rep: Reputation: 0
Post DAx 56 PU External Modem not functioning in Fedora Core 2

Recently I have installed the Fedora Core 2. I have External USB Modem of DAX Model No. DAX56PU which is not functioning in FC2. I have Contacted manufacturer of the modem and received the drivers for the same.

After installing the Drivers, my modem is not recognised in FC2. i dont know what is the problem??

when i turn on the Machine and after logging in, modem light is not getting on.

My linux kernel is 2.6.5-1.358

Another Thing is my Sound card is also not detected in FC2.

My Machine Configuration is as Below:

Intel Pentium IV @ 2.4 Ghz
Intel D845 EBG2 Original Mother Board with On board AC97 Sound Support.
80 GB HDD Samsung
Nvidia GEForce 2 AGP with 64 Mb Ram
Dax 56PU External USB Modem.

please guide me to proceed ahead, so i can use internet and Listen Sound in FC2.

Old 09-21-2005, 03:04 AM   #2
Bruce Hill
HCL Maintainer
Registered: Jun 2003
Location: McCalla, AL
Distribution: Funtoo
Posts: 6,926

Rep: Reputation: 128Reputation: 128
Thumbs down

The rules you agreed to said you wouldn't post the same thread
in more than one forum. You've just joined us and posted two
threads in 3 forums each ... that's 4 threads too many ..............
Old 09-21-2005, 08:58 AM   #3
LQ Veteran
Registered: Mar 2003
Location: Boise, ID
Distribution: Mint
Posts: 6,642

Rep: Reputation: 84
The duplicate threads have been closed, this one will remain open. amolk - for future refernce, please just post your question one time, in the appropriate forum. Thanks -- J.W.

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text:
 The Lipan Apache Tribe: Honoring Lipan Apache Service Members, PHILLIP CORNEJO
The Lipan Apache Tribe Community Page
Phillip Cornejo
U.S. Army

      SGT Phillip Cornejo was born in Mission Hills, California and is a member of the Lipan Apache Tribe of Texas. On September 7, 1987, while still in high school, he enlisted in Army's delayed entry program. He and his family moved to Hawaii in 2005. SGT Cornejo is a dedicated family man, involving his family in activities to instill the ideals of “collective” upbringing as important today as when he was growing up. SGT Phillip Cornejo served from 1987 to 1991 with the U.S. Army as an infantryman, 2003 to 2006 as a Navy Corpsman with the Marine Base Kaneohe Clinic, and finally before his retirement in Jan 2010 he served as an Army Medic/LPN with the Hawaii Army National Guard. While on active duty as a Mixed Martial Arts Coach SGT Cornejo received life changing injuries to his left ankle, foot, left and right hip and lower back. Because of these injuries SGT Cornejo is now a Retired Disabled Veteran since Jan 2010.

1. AWARDS and RECOGNITIONS (Military and Civilian)
   •  Navy & Marine Corps Achievement
   •  Army Good Conduct
   •  National Defense
   •  Southwest Asia Service w/2 bronze stars
   •  Global War on Terrorism Service
   •  Armed Forces Reserve w/M device
   •  Army Service
   •  Army Overseas Service
   •  Kuwait Liberation Saudi Arabia
   •  Kuwait Liberation Kuwait
   •  Expert Infantry Badge
   •  Combat Infantry Badge
   •  Driver Mechanics Badge
   •  German Schuetzenschnur – Foreign Award – Bronze
   •  Honor Graduate – Recognized Top LPN Graduate Nurse for Graduating class COD 2003
   •  Black Belt Certification in Kosho Shorei Kenpo Karate under Sensei Jeff Rackleff and Master Ray Arquella
   •  Recognized by local Radio Station, local newspapers, local news stations, and Tripler Army Medical Warrior Transition Battalion for overcoming and meritorious service in overcoming obsticles by completing 8 mile marathon in broken hospital wheelchair with CPT Neumann, Maj. Tugas, and SGT Burnett.
   •  Society of American Indian Government Employee’s (SAIGE) National Awardee-2008 Excellence in Diversity Award.
   •  Received Letter of Merritorious Service from Lt. Gen. Bloom of the Hawaii National Guard-For SAIGE Award March 2009.

   •  Army
   •  Infantryman: 1987 to 1993 - Honorable
   •  Medic: - 2006 – Jan 2010 – Honorable Permanent Retirement Disabled List (PRDL)
   •  Navy
   •  Navy Corpsman: Kaneohe Marine Corps Base: 2004 – 2006 – Honorable
   •  Theaters of Battle:
   •  C. Co. 5/16 Devil Ranger Battalion 1st infantry Division Based in Ft. Riley Kansas
   •  Desert Shield
   •  Neutral Zone – Saudi Arabia (between Nisab and Wadi al-Batin)
   •  Desert Storm
   •  Rugi Pocket
   •  Breach
   •  73 Easting
   •  Medina Ridge
   •  PL Bullet
   •  Obj Norfolk, Bonn, Dorset
   •  Minden
   •  Waterloo & Varsity
   •  Liberation of Kuwait
   •  Safwan (Security Detail for Peace Talks)
   •  California Army National Guard 1992
   •  Los Angeles - Los Angeles Riots (Rodney King Riots)
   •  Watts
   •  Compton
   •  Baldwin Park
   •  Grape Street Post Office

| Copyright | Home | Contact Us | Donate | Webmaster |
Lipan Apache Tribe of Texas
PO Box 5218
McAllen TX 78502