text:
"...Semimilnimi shagami mi v gryadushee idyom."
Music: Z.Kompaneets Lyrics: E.Iodkovskiy 1956. Singer: A.Sokolov i E.Belov, khor. Performed in 1956г.
1791. Singer: Edit Piaf Performed in 1952г.
"...fight them everywhere you can, fight them wit what you have, fight them! Attack them more and more!"
Song that inspires partisans all over the world to fight fascists.
"We pass by fields and forests..."
Music: Zara Levina Lyrics: Zoya Aleksandrova 1952. Singer: Khor TsDDZh Performed in 1952г.
"We look around to see our happy Motherland..."
"Tvoya pesnya okazalas metalnim tsvetkom, vopl ochen mnogikh, oruzhie v kulake rabochego, veter s severa i yuga..."
Music: B. Mokrousov Lyrics: G. Akulov 1938. Singer: Vladimir Zakharov, khor VRK p/u I. Kuvikina Performed in 1938г.
"We'll fight raging capitalists that spread darkness everywhere"
Music: Karlos Puebla (Carlos Puebla) Lyrics: Karlos Puebla (Carlos Puebla) Singer: Rolando Alarkon (Rolando Alarcón) Performed in 1969г.
"Hitler could start war, but he won't win it..."
And finally Hitler's armies were trapped in "cauldron"
Music: A. Davidenko Lyrics: N. Aseev 1925. Singer: Ansambl p/u A. V. Aleksandrova. Performed in 1935г.
Music: B. Trotsyuk Lyrics: V. Semernin Singer: Ansambl pesni i ork. VR p/u A. Andrusenko.
Horn during ceremony "Flag down" on cruiser "Aurora"
Beautiful song about love from movie "Seamen"
Music: Zinoviy Feldman 1933. Singer: Orkestr NKO SSSR p/u S.A.Chernetskogo. Performed in 1937г.
"Already wounded he swims to cross the river..."
Music: Yu. Milyutin Lyrics: Z. Aleksandrova 1936. Singer: A. Korolyov, ork. Mos. gos. filarmonii p/u L. Shteynberga Performed in 1938г.
Music: Boris Fomin Lyrics: Pavel German 1942. Singer: V. F. Koralli i orkestr p/u A.Semenova Performed in 1942г.
Music: K. Kuntse Lyrics: neizvesten 1929. Singer: Moskovskiy vokalniy kvartet. Performed in 1929г.
"Ekh , v Moskvu mi napisali. V gosti Stalina pozvali...."
"Bombi ,puli i snaryadi - byom mi zdorovo po gadu. Pust chastushka nasha byot kak sovetskiy minomyot Chto takoe? Vas iz das? Nemtsi drapayut ot nas"
1941. Singer: N. Kryuchkov , M. Zharov Performed in 1941г.
"To ne dub shumit gіllyami, ne orel u vishinі. To Gagarіn v kosmos line na Radyanskіm korablі"
Music: A. Avdievskiy Lyrics: tvorcheskaya gruppa khora 1961. Singer: Polesskiy narodniy khor Lenok. Rukovoditel A.Avdievskiy Performed in 1961г.
"Posilayut nas Karpati u Donbasse pratsavat..."
Music: P. Mayboroda Lyrics: A. Malishko 1958. Performed in 1958г.
"Kosmonavtov lyubit nado opasatsya: iz-za etogo skafandra trudno obnimatsya!"
Music: N. Pronin Lyrics: V. Zhukov. 1963. Singer: Tamara Goltsova i Ekaterina Sonina, V. Sukhoveev (bayan) Performed in 1963г.
"Mne putevka v selsovete Za trudi podarena, Pokatat menya v rakete Poproshu Gagarina..."
"Khodi mimo, sukhovey, ne sushi nashikh poley!"
Music: Anisimova 1949. Singer: Zhenskaya gruppa khora Pyatnitskogo Performed in 1949г.
"Miliy moy prishyol geroem, ya teper ego zhena!"
Lyrics: Mordasova 1949. Singer: Mordasova, bayanist Rudenko Performed in 1949г.
Music: narodnaya Lyrics: narodnie 1930. Singer: O.V.Kovaleva, garmon Performed in 1930г.
"Nash narod osushestvil dolgozhdannuyu mechtu-razlivaytes pesni shire,nabirayte visotu..."
Lyrics: M.Mordasov i M.Morozova 1961. Singer: Mariya Mordasova Gos. Voronezhskiy russkiy nar. khor. Performed in 1961г.
"Pust tankist-gvardeets syadet, smelo pesnyu zapoyot..."
"Govoryat, u nas v Sverdlovske rano solnishko vstayot, potomu chto na Urale bespokoyniy lyud zhivyot! (...) Esli schastya nam ne khvatit — zaplaniruem eshyo!"
Music: narodnaya Lyrics: I. Tarabukin 1957. Singer: Uralskiy khor p/u L. Khristiansena Performed in 1957г.
"Govoryat, odin stilyaga zagranitsu obognal — tem, chto na nogi podoshvi vdvoe tolshe otiskal. Esli vstretitsya on s vami, peredayte vi emu: pravo, v duri s zagranitsey sostyazatsya ni k chemu!"
Music: narodnaya Lyrics: I. Tarabukin 1958. Performed in 1958г.
"... A nu, vzroslie, posmotrim, kto budet vperedi!..."
Music: Lev Shvarts Lyrics: Samuil Bolotin 1935. Singer: detskiy khor Performed in 1935г.
Chem zemlya u nas bogata?
"A zemlya u nas bogata zhyoltim zolotom khlebov. Ot rassveta do zakata lyutsya pesni traktorov."
Music: Nikolaya Polikarpova Lyrics: Aleksandra shelepnyova 1982. Singer: Polesskiy ansambl pesni i tantsa Lenok pod rukovodstvom Ivana Slyoti Performed in 1982г.
Music: V. Shainskiy Lyrics: M. Plyatskovskiy Singer: Detskiy khor i Misha Dulskiy Performed in 1976г.
"Bukvi raznie pisat tonkim pyorishkom v tetrad uchat v shkole, uchat v shkole, uchat v shkole..."
Music: Shainskiy Vladimir Yakovlevich Lyrics: Plyatskovskiy Mikhail Spartakovich Singer: Khil Eduard Anatolevich i gruppa Bolshogo detskogo khora Tsentralnogo televideniya i Vsesoyuznogo radio Performed in 1978г.
"Pisma nezhnie ochen mne nuzhni, ya ikh viuchu naizust. Cherez dve zimi, cherez dve vesni otsluzhu, kak nado, i vernus."
Music: V. Shainskiy Lyrics: M. Plyatskovskiy 1976. Singer: KAPPSA, solist I. Bukreev Performed in 1976г.
"Chernaya rat obstupila granitsi, Rodina klichet nas v noviy pokhod! Vspomnim Kastornuyu, Vspomnim Tsaritsin, Vspomnim dvadtsatiy proslavlenniy god."
Music: N. Kryukov, G. Popov Lyrics: G. Berezko 1941. Performed in 1941г.
1983. Singer: K.U.Chernenko Performed in 1983г.
"Ushel iz zhizni slavniy sin kommunisticheskoy partii..."
1984. Singer: K.U.Chernenko Performed in 1984г.
"On nedarom konchil shkolu boevuyu, metko porazhaet lyutogo vraga..."
"Yak na te chernobrivtsi poglyanu, bachu mati starenku..."
Music: Vladimir Vermenich Lyrics: Nikolay Singaevskiy 1959. Singer: Konstantin Ognevoy Performed in 1959г.
"Chernoe more, tebya ne dadim nemtsam, fashistam proklyatim!.."
Music: D. Shostakovich Lyrics: Alimov i Verkhovskiy 1943. Singer: Tsentr. Ans. Krasnofl. pesni i plyaski VMF SSSR pod upr. Muradeli. Dirizher Gorchakov, gl. khormeyster G. I. Bezzubov Performed in 1943г.
"Belie machti na reyde, v dimke morskoy goroda.."
Music: O. Feltsman Lyrics: M. Matusovskiy 1958.
Music: M. Blanter Lyrics: I. Selvinskiy Singer: KAPPSA, solist Leonid Kharitonov Performed in 1967г.
"Katya, Katya, visekayut mne podkovi skakuna..."
Music: M. Blanter Lyrics: I. Selvinskiy 1954. Singer: KAPPSA Performed in 1978г.
"..Katya, Katya visekayut mne podkovi skakuna..."
Music: M. Blanter Lyrics: I. Selvinskiy 1966.
"Na svidane v etot vecher mi otpravilis vtroyom"
Music: A. Chubar Lyrics: M. Trutnev 1958. Singer: Zhenskoe vokalnoe trio Performed in 1958г.
Music: E. Zharkovskiy Lyrics: Zhuravlev Singer: Bunchikov, Nechaev Performed in 1947г.
"...kogda povyazhet galstuk vozhataya tebe, ti vsyu rodnuyu zemlyu okin iz kraya v kray i slovo pionera svoey Otchizne day."
Music: I. Dunaevskiy Lyrics: M, Matusovskiy 1955. Singer: Detskiy khor TsDDZh p/u S.O.Dunaevskogo Performed in 1962г.
"Ya v serdtse obraz materinskiy, ya obraz Rodini khranyu"
Music: Eduard Kolmanovskiy Lyrics: Vladimir Soloukhin 1978. Singer: Leonid Smetannikov Performed in 1978г.
Music: V. Solovyov-Sedoy Lyrics: M. Isakovskiy 1943. Singer: Nikolay Grishanov i Ivan Shashkov. Dzhaz-orkestr LRK p/u N. Minkha. Performed in 1948г.
Music: M. Volovats Lyrics: Teddi 1943. Singer: Edit Utesova i dzhaz-ansambl pod upr. Zasl. art. resp. L. O. Utesova Performed in 1944г.
Music: Oskar Feltsman Lyrics: Semyon Gudzenko 1982. Singer: Ansambl imeni A.V. Aleksandrova, dirizhyor Boris Aleksandrov, solist Leonid Pshenichniy Performed in 1982г.
"...we dream to go to Red Square and see bright Kremlin stars..."
"...We know a great word - Peace!"
"Chto mozhet bit luchshe Rossii - Cheryomukh v tsvetu, kak v snegu, I rechki, chto lentoyu siney Lezhit na zelyonom lugu..."
Music: (E. Krilatov Lyrics: L.Derbenev 1985. Singer: iz kinofilma Ne khodite, devki, zamuzh Performed in 1985г.
"Pilotu nuzhno tolko, chtob tochno sovpadalo kolichestvo vzletov s kolichestvom posadok"
"Letom yablok polon sad, a na dereve na etom v zimniy den oni visyat..."
Music: M. Starokadomskiy Lyrics: Lidiya Nekrasova Singer: L. Gelovani Performed in 1958г.
1977. Singer: Yuriy Borisovich Levitan Performed in 1977г.
"...Vsekh vragov mi razgromilm, otstoyali kray rodnoy"
Music: I. Dunaevskiy Lyrics: S. Alimov 1947. Singer: ? Performed in 1947г.
" Chelovek mchitsya v kosmos !Vot eto geroy....Chelovek na Saturne!Vot eto geroy..."
"We'll fight for each forest, for each river, for each small piece of dear land..."
Music: A. Vladimirtsov Lyrics: V. Lifshits 1942. Singer: A. Burenin, agitvzvod Armeyskogo Doma Krasnoy Armii p/u A. Vladimirtsova Performed in 1942г.
Lyrics: Yu. Dyuzhakov 1937. Singer: Ansambl NKVD Performed in 1937г.
Music: obr. A. Aleksandrova Lyrics: Ya.N. Repninskiy 1904. Singer: Ans. p/u A. V. Aleksandrova, sol. V. Nikitin Performed in 1942г.
"Thow we ve one motor gone we can still carry on..."
"You lead us to victories..."
"...and Stalin looks with a smile, a common soviet man..."
"...when enemy machine guns forced troops to take cover, comissar ordered "Communists, stand up, forward!"
"... he's really brightest genius of humanity..."
"When we set sail on our old ship..."
"Please, be with me, comrade Truth..."
Song from movie "How steel became strong"
Music: I. Shamo Lyrics: R. Rozhdestvenskiy 1977.
"If you are a true comrade..."
Music: Anatoliy Lepin Lyrics: Aleksey Fatyanov 1958. Singer: iz k/f Ivan Brovkin na tseline Performed in 1958г.
"The country gives pass to the youth..."
Music: A. Pakhmutova Lyrics: E. Dolmatovsky 1980. Singer: VIA "Nadezhda"
"...first think about Motherland, rather than yourself..."
Music: O. Feltsman Lyrics: I. Shaferan Singer: Vladislav Linkovskiy Performed in 1968г.
"In space we hear songs from Earth, we hear words of our Motherland..."
"...tis not the first time our horses drink from this river..."
Music: Yan Frenkel Lyrics: Rasul Gamzatov (russkiy tekst: Naum Grebnev) 1969. Singer: Mark Bernes Performed in 1969г.
Music: V.Shainskiy Lyrics: M.Matusovskiy 1973. Singer: BDKh, solist Vitaliy Nikolaev Performed in 1977г.
"¡Oye! Tú qué dices que tu Patria no es tan linda... Ey, ti govorish, nasha Rodina nedostatochno prekrasna..."
Music: Eduardo Saborit Lyrics: Eduardo Saborit 1959.
Music: Matvey Blanter Lyrics: Aleksey Surkov Singer: Ans.im.Aleksandrova Performed in 1977г.
Music: A. Flyarkovskiy Lyrics: R. Rozhdestvenskiy 1960.
Music: Władysław Szpilman (V. Shpilman) Lyrics: Władysław Szpilman (V.Shpilman) 1952. Singer: Khor Czejanda, solist - Andzhey Bogutski Performed in 1952г.

matches: V. V. V. V. V. V. V. V. V. V. V.


D.C. Law Library - § 47–1809.05. Tax on estates and trusts — Net income.
↪ Subchapter IX. Tax on Estates and Trusts.
↪ § 47–1809.05. Tax on estates and trusts — Net income.
§ 47–1809.04. Tax on estates and trusts — Computation.
§ 47–1809.06. Tax on estates and trusts — Beneficiary taxable year.
§ 47–1809.05. Tax on estates and trusts — Net income.
(5) There shall be allowed to a trust a credit against net income of $100.
This section is referenced in § 47-1809.06.


text:
Open Comment Period 1 - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period.
Item 3 - Transportation Planning Consider the approval of updates to the 2017 Unified Transportation Program (UTP), including the selection of statewide connectivity corridors (MO) (Presentation) The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2017 UTP in August 2016. This minute order authorizes funding on priority projects and programs. In addition, this minute order approves the selection of statewide connectivity corridors, addresses revisions to project specific program lists, and includes other minor revisions or technical corrections. This minute order also provides information on current transportation development credit balances and proposed transfers.
The UTP is a 10-year statewide plan for transportation project development. The commission approved the 2017 UTP in August 2016. This minute order authorizes funding on priority projects and programs. In addition, this minute order approves the selection of statewide connectivity corridors, addresses revisions to project specific program lists, and includes other minor revisions or technical corrections. This minute order also provides information on current transportation development credit balances and proposed transfers.
Item 4 - Advisory Committee Appointments Consider the appointment of members to the Border Trade Advisory Committee (MO) This minute order appoints three members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, in order to address the highest priority border trade transportation challenges.
This minute order appoints three members to the Border Trade Advisory Committee. The purpose of the committee, created in 2001 by the 77th Legislature, is to define and develop a strategy and make recommendations to the commission and the governor, in order to address the highest priority border trade transportation challenges.
Item 5 - Aviation Various Counties - Consider the award of federal non-primary entitlement grant funding for airport improvement projects at various locations (MO) Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Federal law authorizes the award of federal non-primary entitlement grant funding to preserve and improve the state's general aviation system. The airports listed in Exhibit A are eligible for award of these grant funds and the department seeks the approval of the awards.
Item 6 - Public Transportation Various Counties - Consider amending Minute Order 114497, which awarded federal and state funds and transportation development credits to selected rural transportation providers to purchase public transportation vehicles and construct four transit facilities, to correct a federal program name and section number reference (MO) This minute order amends Minute Order 114497 by correcting the program from which funds are available from the Section 5339 Bus and Bus Facilities program to the Section 5311 Formula Grants for Rural Areas program.
Item 7A - Promulgation of Administrative Rules Under Title 43, Texas Administrative Code, and the Administrative Procedure Act, Government Code, Chapter 2001: Final Adoption Chapter 4 - Employment Practices Amendments to §4.33, Prohibited Conduct, §4.34, Illegal Drugs, §4.37, Test Results, and §4.39, Refusal to Test (Substance Abuse Program) (MO) Amend Substance Abuse Policy rules to add dispensation of illegal drugs to the list of prohibited conduct for employees and to require the termination of any employee who refuses to take a required alcohol or drug test.
required alcohol or drug test.
Item 7B - Chapter 9 - Contract and Grant Management Amendments to §9.14, Submittal of Bid (Highway Improvement Contracts) (MO) These amendments add to the department’s rules the requirements for a bid guaranty that were established in Minute Order 108851. A bid guaranty is required for a highway improvement contract in an estimated amount of more than $25,000. The amendments include the process used to determine the amount of the guaranty. After these requirements become a part of the rules, the minute order will be rescinded.
minute order will be rescinded.
Item 8A - Finance and Financial Assistance for Projects Dallas and Denton Counties - Consider the approval of the I-35E Managed Lanes Project annual operating, maintenance, and capital budgets (MO) This minute order approves the annual operating, maintenance, and capital budgets for the I-35E Managed Lanes Project in Dallas and Denton counties. A portion of the costs of the I-35E Project were financed with a TIFIA loan. The trust agreement stipulates that the commission will adopt an initial budget by April 1, 2017.
initial budget by April 1, 2017.
Item 8B - Various Counties - Consider the approval of the selection of the proposer who submitted the best value proposal to develop, design, construct, and maintain Segments H, I-1, and part of Segment I-2 of SH 99 (Grand Parkway) in Chambers, Harris, Liberty, and Montgomery counties; consider authorizing the executive director of the department to negotiate and execute a Design-Build Agreement (DBA) and associated Capital Maintenance Agreement (CMA) with the selected proposer; and consider authorizing the executive director to assign all or part of the department’s interests in the DBA and the CMA to the Grand Parkway Transportation Corporation (MO) (Presentation) On August 12, 2016, the department issued a request for proposal revisions to develop, design, construct, and maintain the Grand Parkway Segments H, I-1 and I-2 Project. The Grand Parkway Segments H, I-1 and I-2 Project will increase capacity by providing a new tolled twolane controlled access facility from US 59 North to I-10 East (Segments H & I-1), four additional tolled lanes from FM 1405 to SH 146 (Segment I-2B), and upgrade tolling equipment on the existing toll facility from I-10 East to FM 1405 (Segment I-2A). The department has completed its review and evaluation of proposal revisions and is presenting its best value recommendation to the commission. Upon execution of the Design-Build Agreement and the Capital Maintenance Agreement, those two agreements will be assigned to the Grand Parkway Transportation Corporation.
Item 8C - Various Counties - Consider authorizing the executive director of the department to enter into a third amendment to the toll equity loan agreement (TELA) with the Grand Parkway Transportation Corporation (GPTC) in connection with the issuance by GPTC of toll revenue obligations related to SH 99 (Grand Parkway) to (1) provide financial assistance under the TELA for the costs of the Grand Parkway System (system), including the addition of Segments H, I-1, and I-2 (Segments H and I), (2) modify the final maturity and the maximum amount permitted to be made available to GPTC each year during the term of the TELA, and (3) make other amendments necessary with regard to the plan of finance; consider clarifying that Segments H and I will be part of the system as of the date the design-build agreement is executed; and consider consenting to GPTC’s use of proceeds of certain of its TELA-supported series 2013 bonds to pay costs of the system inclusive of Segments H and I (MO) The department entered into the TELA with GPTC in 2013 to provide financial assistance for mutually-approved projected facility costs, operation and maintenance costs and major maintenance costs of the portion of Segment D in Harris County and all of Segments E, F-1, F-2, and G comprising the initial system but only pre-development costs of other portions of the Grand Parkway. The minute order approves the third amendment to the TELA to incorporate Segments H and I into the system and expand the financial assistance provided by the TELA to include costs (including major maintenance costs) for the system inclusive of Segments H and I by, among other things, modifying the maximum amount that can be borrowed each year and the final maturity of the TELA, but not amending the total amount of the toll equity loan commitment under the TELA. This minute order will also provide clarification that Segments H and I will be part of the system as of the date the design-build agreement is executed. The minute order also eliminates the limitation in Minute Order 113279, the 2012 TELA authorization for the Grand Parkway, that the TELA may only be used for pre-development costs of Segments H and I, and also provides the commission’s consent to GPTC’s use of certain TELA-supported series 2013 bonds for costs of the system inclusive of Segments H and I rather than for pre-development costs only.
the TELA, but not amending the total amount of the toll equity loan commitment under the TELA.
system inclusive of Segments H and I rather than for pre-development costs only.
Item 9A - Toll Projects Various Counties - Consider the approval of the initial toll rates for portions of SH 99 (Grand Parkway) consisting of Segments H, I-1, and I-2B in Montgomery, Harris, Liberty, and Chambers Counties, and a portion of Segment I-2A from Fisher Road to FM 1405 in Chambers County; consider approval of a toll rate escalation policy for the same portions of Grand Parkway; and consider the designation of the mainlanes of the portion of Grand Parkway Segment I-2A from Fisher Road to FM 1405 in Chambers County as a toll project on the state highway system (MO) This minute order adopts the initial toll rates and the toll rate escalation policy for portions of Grand Parkway consisting of Segments H, I-1, and I-2B in Montgomery, Harris, Liberty and Chambers Counties, and a portion of Segment I-2A from Fisher Road to FM 1405 in Chambers County, which will become effective upon the substantial completion of the construction of Segments H, I-1, and I-2. The minute order also designates a portion of Segment I-2A from Fisher Road to FM 1405 in Chambers County as a toll project on the state highway system.
Road to FM 1405 in Chambers County as a toll project on the state highway system.
Item 9B - Dallas and Denton Counties - In accordance with Regional Transportation Council policy, consider the establishment of toll rates for the I-35E Managed Lanes Project from I-635 in Dallas County to US 380 in Denton County (MO) The I-35E Managed Lanes Project includes reversible managed tolled lanes from I-635 in Dallas County to Swisher Road in Denton County. The I-35E Managed Lanes Project is an allelectronic, open road tolling managed lane facility.
open road tolling managed lane facility.
Item 10 - Contested Case Travis County - CKORP, LLC v. Texas Department of Transportation - Consider action on CKORP’s Motion for Rehearing on Commission’s Final Order to debar CKORP for a period of two years (MO) The commission entered an order adopting the State Office of Administrative Hearing’s Proposal for Decision, which debars CKORP from bidding on or entering into a contract with the department for two years. CKORP has requested the department rehear this matter.
years. CKORP has requested the department rehear this matter.
Item 13 - Routine Minute Orders and Reports a. Donations to the department (1) Various Districts - Consider the acknowledgment of donations made to the department to include: (a) donations in any form, including realty, personalty, money, materials, or services, which are made to the department for the purpose of carrying out its functions and duties; and (b) donations from landowners, with land adjacent to a highway that is part of the state highway system, to construct an improvement on the highway right-of-way that is directly related to improving access to or from the owner’s land (see attached itemized list) (MO) (2) Real Estate Donations Dallas District - Consider the acknowledgement of the acquisition by gift/donation of required right of way accepted by the department for the purposes of constructing, maintaining, widening, straightening, or extending the state highway system (see attached itemized list) (MO) The property being donated to the department is necessary for the improvement of the state highway system. The real property to be donated is valued at more than $500. b. Real Estate Dispositions The commission must approve the sales, transfers, and exchanges of state rights of way and other real properties that are no longer needed for a state highway purpose. It must also approve, accept and acknowledge donations to the state of real property that is valued at $500 or more. (1) Dallas County - SH 190 at Brand Road in Garland - Consider the sale and quitclaim of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes. Two tracts of the land will be sold, and one tract, to which there is no record title, may be quitclaimed to the abutting landowner at the request of the City of Garland. (2) Denton County - FM 720 at FM 423 in Little Elm - Consider the sale of right of way to the Town of Little Elm (MO) The district has determined that the land is no longer needed for highway purposes. The Town of Little Elm (town) has requested to purchase the land, and to may be sold to the town. (3) Denton County - FM 1171, north side of E. Main Street at Kealy Avenue in Lewisville - Consider the quitclaim of right of way to the abutting landowner (MO) The district has determined that the land, to which there is no record title, is no longer needed for highway purposes. The City of Lewisville has requested the quitclaim to the abutting landowner. (4) Franklin County - FM 115, west side, south of FM 900 - Consider the sale of right of way to the abutting landowner (MO) The district has determined that the land is no longer needed for highway purposes and may be sold to the abutting landowner. (5) Lubbock County - US 82, southwest corner, University Avenue at Santa Fe Drive in Lubbock - Consider the sale of right of way to an abutting landowner (MO) By MO 114252, dated April 30, 2015, the commission determined that the land is no longer needed for a state highway purpose, but sale of the land was not completed. Bids have been accepted from the two abutting landowners, and the land may be sold to the high bidder. (6) Smith County - SL 323, old alignment of Garden Valley Road in Tyler - Consider the sale of right of way to the abutting landowners (MO) The district has determined that the land is no longer needed for highway purposes and may be sold to the abutting landowners. (7) Williamson County - RM 620 at proposed Pearson Ranch Road - Consider the transfer of right of way to Williamson County (MO) The district has determined that the land is no longer needed for a state highway purpose. Williamson County (county) has requested the land for use as part of a new local road, and it may be transferred to the county to remain in use for public road purposes. c. Reports Compliance Division report State law requires the commission to establish a compliance program, which must include a Compliance Division to oversee the program. The Compliance Division is responsible for acting to prevent and detect serious breaches of department policy, fraud, waste, and abuse of office, including any acts of criminal conduct within the department. The Compliance Division is required to provide a monthly report to the commission regarding investigations and a summary of information relating to trends and recommendations. d. Designation of Access Control (1) Denton County - I-35W, south of SH 114 - Consider the designation of one location on the frontage road at which access will be permitted to the abutting property (MO) The designation of one 35-foot break in the control-of-access line will allow the abutting landowner to open one proposed driveway location for access, permitting access to and from the southbound frontage road. The district has determined that access may be permitted at the designated location. (2) Harris County - SH 3, approximately 550 feet east of Conklin Lane - Consider the designation of two locations on the highway at which access will be permitted to the abutting property (MO) The designation of two 35-foot breaks in the control-of-access line will allow the abutting landowner to open two proposed driveway locations for access to the eastbound lanes. The district has determined that access may be permitted at the designated location. e. Highway Designation Hunt County - In and near the city of Quinlan, consider the designation of SH 276 on a new location and the redesignation of the old alignment of SH 276 as Business State Highway 276-L (BS 276-L) concurrent with SH 34 (MO) This minute order designates SH 276 on a new location from 0.5 miles east of FM 36 to SH 34, a distance of approximately 2.0 miles, and redesignates the old alignment of SH 276 as BS 276-L from 0.5 miles east of FM 36 to SH 34 then southerly and concurrently with SH 34 to SH 276, a distance of approximately 2.3 miles. f. Speed Zones Various Counties - Consider the establishment or alteration of regulatory and construction speed zones on various sections of highways in the state (MO) This minute order establishes or alters regulatory and construction speed zones on various sections of highways in the state.
state highway system. The real property to be donated is valued at more than $500.
accept and acknowledge donations to the state of real property that is valued at $500 or more.
quitclaimed to the abutting landowner at the request of the City of Garland.
may be sold to the abutting landowners.
landowner to open two proposed driveway locations for access to the eastbound lanes.
distance of approximately 2.3 miles.
Open Comment Period 2 - At the conclusion of all other agenda items, the commission will allow an open comment period, not to exceed one hour, to receive public comment on any other matter that is under the jurisdiction of the department. No action will be taken. Each speaker will be allowed a maximum of three minutes. Speakers must be signed up prior to the beginning of the open comment period.

matches: §4 §4 §4 §4 §9 v.


text:
We derive a closed-form analytical expression for the linear entropy of a multipartite qutrit state, providing a quantitative measure for quantum entanglement within the class of n-mode nonorthogonal qutrit states with any n. Conditions for enhanced and maximum quantum entanglement of multipartite qutrit states are identified. The usefulness of the introduced multipartite qutrit states as quantum communication channel resources is analyzed. The Hamiltonians allowing for the generation of multipartite qutrit states can be attained by combining optomechanical cavities with sequences of tunable beam splitters.
M. Fujiwara, M. Takeoka, J. Mizuno, and M. Sasaki, “Exceeding the classical capacity limit in a quantum optical channel,” Phys. Rev. Lett. 90, 167906 (2003).
M. Malik, M. Erhard, M. Huber, M. Krenn, R. Fickler, and A. Zeilinger, “Multi-photon entanglement in high dimensions,” Nat. Photonics 10, 248–252 (2016).
C. Wang, F.-G. Deng, Y.-S. Li, X.-S. Liu, and G. L. Long, “Quantum secure direct communication with high-dimension quantum superdense coding,” Phys. Rev. A 71, 044305 (2005).
N. K. Langford, R. B. Dalton, M. D. Harvey, J. L. O’Brien, G. J. Pryde, A. Gilchrist, S. D. Bartlett, and A. G. White,”Measuring entangled qutrits and their use for quantum bit commitment,” Phys. Rev. Lett. 93, 053601 (2004).
D. Bruß and C. Macchiavello, “Optimal eavesdropping in cryptography with three-dimensional quantum states,” Phys. Rev. Lett. 88, 127901 (2002).
M. L. Almeida, S. Pironio, J. Barrett, G. Tóth, and A. Acín, “Noise robustness of the nonlocality of entangled quantum states,” Phys. Rev. Lett. 99, 040403 (2007).
L. Sheridan and V. Scarani, “Security proof for quantum key distribution using qudit systems,” Phys. Rev. A 82, 030301 (2010).
T. Vértesi, S. Pironio, and N. Brunner, “Closing the detection loophole in Bell experiments using qudits,” Phys. Rev. Lett. 104, 060401 (2010).
B. P. Lanyon, T. J. Weinhold, N. K. Langford, J. L. O’ Brien, K. J. Resch, A. Gilchrist, and A. G. White, “Manipulating biphotonic qutrits,” Phys. Rev. Lett. 100, 060504 (2008).
F. Dolde, V. Bergholm, Y. Wang, I. Jakobi, B. Naydenov, S. Pezzagna, J. Meijer, F. Jelezko, P. Neumann, T. Schulte-Herbrüggen, J. Biamonte, and J. Wrachtrup, “High fidelity spin entanglement using optimal control,” Nat. Commun. 5, 3371 (2014).
Y. Maleki and A. M. Zheltikov, “Generating maximally-path-entangled number states in two spin ensembles coupled to a superconducting flux qubit,” Phys. Rev. A 26, 012312 (2018).
Y. Maleki and A. M. Zheltikov, “Witnessing quantum entanglement in ensembles of nitrogen–vacancy centers coupled to a superconducting resonator,” Opt. Express 97, 17849–17858 (2018).
C. Wang, Y. Y. Gao, P. Reinhold, R. W. Heeres, N. Ofek, K. Chou, C. Axline, M. Reagor, J. Blumoff, K. M. Sliwa, L. Frunzio, S. M. Girvin, L. Jiang, M. Mirrahimi, M. H. Devoret, and R. J. Schoelkopf, “A Schrödinger cat living in two boxes,” Science 352, 1087–1091 (2016).
A. Ourjoumtsev, F. Ferreyrol, R. Tualle-Brouri, and P. Grangier, “Preparation of non-local superpositions of quasi-classical light states,” Nat. Phys. 5, 189–192 (2009).
S. L. Braunstein and P. V. Loock, “Quantum information with continuous variables,” Rev. Mod. Phys. 77, 513 (2005).
X. Zhu, S. Saito, A. Kemp, K. Kakuyanagi, S. Karimoto, H. Nakano, W. J. Munro, Y. Tokura, M. S. Everitt, K. Nemoto, M. Kasu, N. Mizuochi, and K. Semba, “Coherent coupling of a superconducting flux qubit to an electron spin ensemble in diamond,” Nat. (London) 478, 221–224 (2011).
J. Niset, U. L. Andersen, and N. J. Cerf, “Experimentally feasible quantum erasure-correcting code for continuous variables,” Phys. Rev. Lett. 101, 130503 (2008).
X. Wang, “Bipartite entangled non-orthogonal states,” J. Phys. A: Math. Gen. 35, 165 (2001).
A. Mann, B. C. Sanders, and W. J. Munro, “Bells inequality for an entanglement of nonorthogonal states,” Phys. Rev. A 51, 989 (1995).
M. Paternostro and H. Jeong, “Testing nonlocal realism with entangled coherent states,” Phys. Rev. A 81, 032115 (2010).
S. Bose and V. Vedral, “Mixedness and teleportation,” Phys. Rev. A 61, 040101 (2000).
W. K. Wootters, “Entanglement of formation of an arbitrary state of two qubits,” Phys. Rev. Lett. 80, 2245 (1998).
H. Fu, X. Wang, and A. I. Solomon, “Maximal entanglement of nonorthogonal states: classification,” Phys. Lett. A 291, 73–76 (2001).
P. Badziag, M. Horodecki, P. Horodecki, and R. Horodecki, “Local environment can enhance fidelity of quantum teleportation,” Phys. Rev. A 62, 012311 (2000).
S. Sazim, S. Adhikari, S. Banerjee, and T. Pramanik, “Quantification of entanglement of teleportation in arbitrary dimensions,” Quantum Inf. Process. 13, 863–880 (2014).
S. Bose, K. Jacobs, and P. L. Knight, “Preparation of nonclassical states in cavities with a moving mirror,” Phys. Rev. A 56, 4175 (1997).
P. v. Loock and S. L. Braunstein, “Multipartite entanglement for continuous variables: a quantum teleportation network,” Phys. Rev. Lett. 84, 3482 (2000).
S. L. Braunstein, N. J. Cerf, S. Iblisdir, P. v. Loock, and S. Massar, “Optimal cloning of coherent states with a linear amplifier and beam splitters,” Phys. Rev. Lett. 86, 4938 (2001).
S. J. van Enk and O. Hirota, “Entangled coherent states: Teleportation and decoherence,” Phys. Rev. A 67, 022313 (2001).
Y. Maleki and A. Maleki, “Entangled multimode spin coherent states of trapped ions,” J. Opt. Soc. Am. B 35, 1211–1217 (2018).
Fig. 1 The density of the linear entropy of |Ψ〉− as a function of the overlap parameters p1 and p3 for p2 = 0.05 (a), 0.2 (b), 0.4 (c), and 0.5 (d).
Fig. 2 The density of the linear entropy of |Ψ〉+ as a function of overlap parameters p1 and p3 for p2 = 0.05 (a), 0.2 (b), 0.4 (c), and 0.5 (d).
Fig. 3 The linear entropy of two-qutrit coherent states |ψ〉 (a) and |ϕ〉 (b) as a function of α and θ.
Fig. 4 (a) The linear entropy of the multiqutrit state (37) as a function of p2 for p1 = p3 = 0 and k =1 (dotted line), k =3 (dash–dotted line), k =5 (dashed line), and k = 7 (solid line). (b) The linear entropy of the multiqutrit coherent state (39) as a function of α for k =1 (dotted line), k =2 (dash–dotted line), k =4 (dashed line), and k =8 (solid line). (c) The linear entropy of multiqutrit coherent (solid and dash–dotted lines) and squeezed (dashed and dotted lines) state as a function of α for k =1 (dotted and dash–dotted lines) and k =8 (solid and dashed lines).
Fig. 5 The concurrence of an amplitude-damped k-mode state as a function of the coherence parameter α with θ = 0 (a, b) and π (c), η = 1 (a) and 0.9 (b, c), k = 1 (black), 2 (red), 4 (green), and 8 (blue).
(1) | Ψ 〉 = μ | α 1 〉 | β 1 〉 + λ | α 2 〉 | β 2 〉 + ν | α 3 〉 | β 3 〉 .
(8) M i = 1 − | q i | 2 , M = [ 1 − | q 1 | 2 − | q 2 | 2 − | q 3 | 2 + q 1 q ¯ 2 q 3 + q ¯ 1 q 2 q ¯ 3 ] 1 2 .
(9) | Ψ 〉 = ( μ + λ q 1 p 1 + ν p 2 q 2 ) | 0 0 ˜ 〉 + ( ν p 2 q 3 − q ¯ 1 q 2 M 1 + λ M 1 p 1 ) | 0 1 ˜ 〉 + ( ν q 2 p 3 − p ¯ 1 p 2 N 1 + λ N 1 q 1 ) | 1 0 ˜ 〉 + ( ν ( p 3 − p ¯ 1 p 2 ) N 1 ( q 3 − q ¯ 1 q 2 ) M 1 + λ N 1 M 1 ) | 1 1 ˜ 〉 + ν p 2 M M 1 | 0 2 ˜ 〉 + ν q 2 N N 1 | 2 0 ˜ 〉 + ( ν p 3 − p ¯ 1 p 2 N 1 M M 1 ) | 1 2 ˜ 〉 + ν q 3 − q ¯ 1 q 2 M 1 N N 1 | 2 1 ˜ 〉 + ν N N 1 M M 1 | 2 2 ˜ 〉 .
(10) I lin = d d − 1 ( 1 − Tr ρ 1 2 ) .
(12) Δ 1 = | μ λ | 2 M 1 2 N 1 2 + | μ ν | 2 M 2 2 N 2 2 + | λ ν | 2 M 3 3 N 3 2 , Δ 2 = | μ | 2 Re [ λ ¯ ν ( q ¯ 1 q 2 − q 3 ) ( p ¯ 1 p 2 − p 3 ) ] , Δ 3 = | λ | 2 Re [ μ ¯ ν ( q ¯ 1 q 3 − q 2 ) ( p 1 p 3 − p 2 ) ] , Δ 4 = | ν | 2 Re [ μ ¯ λ ( q ¯ 3 q 2 − q 1 ) ( p ¯ 3 p 2 − p 1 ) ] , 풩 = | μ | 2 + | λ | 2 + | ν | 2 + 2 Re ( μ ¯ λ q 1 p 1 + μ ¯ ν q 2 p 2 + λ ¯ ν q 3 p 3 ) .
(13) I lin = 4 | μ ν | 2 ( 1 − | p 2 | 2 ) ( 1 − | q 2 | 2 ) ( | μ | 2 + | ν | 2 + 2 Re ( μ ¯ ν q 2 p 2 ) ) 2 .
(14) I lin ≤ 4 | μ ν | 2 sin 2 θ 1 sin 2 θ 2 ( | μ | 2 + | ν | 2 − 2 | μ ν | cos θ 1 cos θ 2 ) 2 .
(15) I lin ≤ sin 2 θ 1 sin 2 θ 2 ( 1 − cos θ 1 cos θ 2 ) 2 .
(16) I 0 = 2 d d − 1 | μ λ | 2 + | μ ν | 2 + | λ ν | 2 ( | μ | 2 + | λ | 2 + | ν | 2 ) 2 .
(18) | Ψ 〉 = μ | α 1 〉 | 0 〉 + λ | α 2 〉 | 1 〉 + ν | α 3 〉 | 2 〉 .
(20) | Ψ 〉 ± = | α 1 〉 | β 1 〉 ± | α 2 〉 | β 2 〉 + | α 3 〉 | β 3 〉 .
(24) I lin = 3 2 ( p 2 − 1 ) 2 + ( p 8 − 1 ) 2 + cos θ ( p − p 5 ) 2 + 6 [ a ( p 4 − p 2 ) 2 + b ( p − p 5 ) 2 ] ( 3 + 2 ( b + cos θ ) p 2 + 2 a p 8 ) 2 .
(26) | Ψ 〉 = μ | α 1 〉 … | α 1 〉 ︸ k | β 1 〉 … | β 1 〉 ︸ k + λ | α 2 〉 … | α 2 〉 | β 2 〉 … | β 2 〉 + ν | α 3 〉 … | α 3 〉 | β 3 〉 … | β 3 〉 .
(27) | Ψ 〉 = μ | α 1 〉 … | α k 〉 ︸ k | β 1 〉 … | β n − k 〉 ︸ n − k + λ | α k + 1 〉 … | α 2 k 〉 | β n − k + 1 〉 … | β 2 ( n − k ) 〉 + ν | α 2 k + 1 〉 … | α 3 k 〉 | β 2 ( n − k ) + 1 〉 … | β 3 ( n − k ) 〉 .
(31) N = [ 1 − | p 1 | 2 k − | p 2 | 2 k − | p 3 | 2 k + p 1 k p ¯ 2 k p 3 k + p ¯ 1 k p 2 k p ¯ 3 k ] 1 2 .
(35) M = [ 1 − | q 1 | 2 k − | q 2 | 2 k − | q 3 | 2 k + q 1 k q ¯ 2 k q 3 k + q ¯ 1 k q 2 k q p ¯ 3 k ] 1 2 .
(37) I lin = 3 p 2 4 k + 3 ( 2 p 2 2 k + 3 ) 2 .
(39) I lin = 3 2 ( p 2 k − 1 ) 2 + ( p 8 k − 1 ) 2 + 2 ( p 4 k − p 2 k ) 2 − 4 ( p k − p 5 k ) 2 ( 3 − 4 p 2 k + 2 p 8 k ) 2 .
(40) | Ψ 〉 = | 0 〉 … | 0 〉 ︸ k | 0 〉 … | 0 〉 ︸ k − | 1 〉 … | 1 〉 | 1 〉 … | 1 〉 + | 2 〉 … | 2 〉 | 2 〉 … | 2 〉 .
(43) | Ψ ( t ) 〉 = e − | α 1 | 2 2 ∑ n = 0 ∞ [ α 1 e − i ζ t e i κ Im [ β η e − i t ] ] n n ! e i κ 2 n 2 ( t − sin t ) | n 〉 c ⊗ | β e − i t + κ n η 〉 m .
(45) | ψ 〉 c = 1 2 [ e i π 4 | α 〉 c + e − i π 4 | − α 〉 c ] .
(51) | Ψ 〉 = ( | η α 〉 A ⊗ k | 1 − η α 〉 E ⊗ k | ) ( | η α 〉 B ⊗ k | 1 − η α 〉 E ⊗ k ) + e i θ ( | η 3 α 〉 A ⊗ k | 1 − η 3 α 〉 E ⊗ k ) ( | η 3 α 〉 B ⊗ k | 1 − η 3 α 〉 E ⊗ k ) .
(53) C = 1 − e − 4 k η | α | 2 1 + cos ( θ ) e − 4 k | α | 2 e − 4 k ( 1 − η ) | α | 2 .
(54) | Ψ d n 〉 = μ 0 | α 1 〉 … | α n 〉 + μ 1 | β 1 〉 … | β n 〉 + … + μ d − 1 | γ 1 〉 … | γ n 〉 .
(55) | Ψ d n 〉 = ∑ i = 0 d − 1 μ i | α i A 〉 | β i B 〉 .
(58) ρ 1 = ( I ⊗ 〈 0 | ) | Ψ 〉 〈 Ψ | ( I ⊗ 〈 0 | ) + ( I ⊗ 〈 1 | ) | Ψ 〉 〈 Ψ | ( I ⊗ 〈 1 | ) + ( I ⊗ 〈 2 | ) | Ψ 〉 〈 Ψ | ( I ⊗ 〈 2 | ) .
(59) ρ ˜ 1 = [ | μ | 2 + | λ | 2 | p 1 | 2 + | ν | 2 | p 2 | 2 + μ λ ¯ q ¯ 1 p ¯ 1 + μ ν ¯ q ¯ 2 p ¯ 2 + λ ν ¯ q ¯ 3 p 1 p ¯ 2 + μ λ ¯ q ¯ 1 p ¯ 1 + μ ¯ ν q 2 p 2 + λ ¯ ν q 3 p ¯ 1 p 2 ] | 0 〉 〈 0 | + [ | λ | 2 p 1 N 1 + μ λ ¯ q ¯ 1 N 1 | ν | 2 p 2 p ¯ 3 − p ¯ 2 p 1 N 1 + μ ν ¯ q ¯ 2 ( p ¯ 3 − p ¯ 2 p 1 ) N 1 + λ ν ¯ q ¯ 3 p 1 ( p ¯ 3 − p ¯ 2 p 1 ) N 1 + λ ¯ ν q 3 N 1 p 2 ] | 0 〉 〈 1 | + [ | λ 2 | p ¯ 1 N 1 + | ν | 2 p ¯ 2 p 3 − p 2 p ¯ 1 N 1 μ ¯ λ q 1 N 1 + μ ¯ ν q 2 ( p 3 − p 2 p ¯ 1 ) N 1 + λ ¯ ν q 3 p ¯ 1 ( p 3 − p 2 p ¯ 1 ) + λ ν ¯ q ¯ 3 N 1 p ¯ 2 ] | 1 〉 〈 0 | + [ | λ | 2 N 1 2 + | ν | 2 | p 3 − p 2 p ¯ 1 | 2 N 1 2 + λ ν ¯ q ¯ 3 ( p ¯ 3 − p ¯ 2 p 1 ) + λ ¯ ν q 3 ( p 3 − p 2 p ¯ 1 ) ] | 1 〉 〈 1 | + [ ( | ν | 2 p 2 N N 1 + ( μ ν ¯ q ¯ 2 + λ ν ¯ q ¯ 3 p 1 ) N N 1 ] | 0 〉 〈 2 | + [ μ ¯ ν q 2 + λ ¯ ν q 3 p ¯ 1 ) N N 1 + | ν | 2 p ¯ 2 N N 1 | 2 〉 〈 0 | + [ | ν | 2 ( p 3 − p 2 p ¯ 1 ) N 1 N N 1 ] | 1 〉 〈 2 | + [ | ν | 2 ( p ¯ 3 − p ¯ 2 p 1 ) N 1 N N 1 ] | 2 〉 〈 1 | + [ | ν | 2 N 2 N 1 2 ] | 2 〉 〈 2 | .
(62) B = ( μ λ ¯ q ¯ 1 p ¯ 1 + μ ν ¯ q ¯ 2 p ¯ 2 + λ ν ¯ q ¯ 3 p 1 p ¯ 2 ) | 0 〉 〈 0 | + ( λ ν ¯ q ¯ 3 N 1 p ¯ 2 ) | 1 〉 〈 0 | + ( μ λ ¯ q ¯ 1 N + μ ν ¯ q ¯ 2 ( p ¯ 3 − p ¯ 2 p 1 ) N 1 + λ ν ¯ q ¯ 3 p 1 ( p ¯ 3 − p ¯ 2 p 1 ) N 1 | 0 〉 〈 1 | + ( λ ν ¯ q ¯ 3 ( p ¯ 3 − p ¯ 2 p 1 ) ) | 1 〉 〈 1 | + ( μ ν ¯ q ¯ 2 + λ ν ¯ q ¯ 3 p 1 ) N N 1 ) | 0 〉 〈 2 | .
(63) ρ 1 = ρ ˜ 1 Tr ρ ˜ 1 .
(64) I lin = d d − 1 ( 1 − Tr ρ ˜ 1 2 Tr 2 ρ ˜ 1 ) = d d − 1 Tr 2 ρ ˜ 1 − Tr ρ ˜ 1 2 Tr 2 ρ ˜ 1 .
(66) Tr ρ ˜ 1 2 = Tr A 2 + Tr B 2 + Tr B † 2 + 2 Tr ( A B ) + 2 Tr ( A B † ) + 2 Tr ( B B † ) .
(67) I lin = d ( d − 1 ) Tr 2 ρ ˜ 1 [ ( Tr 2 A − Tr A 2 ) + ( Tr 2 B − Tr B 2 ) + ( Tr 2 B † − Tr B † 2 ) + 2 ( Tr A Tr B − Tr ( A B ) ) + 2 ( Tr A Tr B † − Tr A B † ) + 2 ( Tr B Tr B † − Tr B B † ) ] .
(74) | Ψ 〉 = μ | α 1 〉 … | α k 〉 ︸ k | β 1 〉 … | β n − k 〉 ︸ n − k + λ | α k + 1 〉 … | α 2 k 〉 | β n − k + 1 〉 … | β 2 ( n − k ) 〉 + ν | α 2 k + 1 〉 … | α 3 k 〉 | β 2 ( n − k ) + 1 〉 … | β 3 ( n − k ) 〉 .
(78) N = [ 1 − | ∏ i = 1 k p i , k + i | 2 − | ∏ i = 1 k p i , 2 k + i | 2 − | ∏ i = 1 k p k + i , 2 k + i | 2 + ∏ i = 1 k p i , k + i ∏ i = 1 k p ¯ i , 2 k + i ∏ i = 1 k p k + i , 2 k + i + ∏ i = 1 k p ¯ i , k + i ∏ i = 1 k p i , 2 k + i ∏ i = 1 k p ¯ k + i , 2 k + i ] ] 1 2 .
(82) M = [ 1 − | ∏ i = 1 ( n − k ) q i , n − k + i | 2 − | ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i | 2 − | ∏ i = 1 ( n − k ) q k + i , 2 ( n − k ) + i | 2 + ∏ i = 1 ( n − k ) q i , n − k + i           ∏ i = 1 ( n − k ) q ¯ i , 2 ( n − k ) + i ∏ i = 1 k q n − k + i , 2 ( n − k ) + i ∏ i = 1 ( n − k ) q ¯ i , ( n − k ) + i ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i ∏ i = 1 ( n − k ) q ¯ n − k + i , 2 ( n − k ) + i ] 1 2 .
(83) | Ψ 〉 = ( μ + λ ∏ i = 1 ( n − k ) q i , n − k + i ∏ i = 1 k p i , k + i + ν ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i ∏ i = 1 k p i , 2 k + i ) | 0 0 ˜ 〉 + ( ν M 1 ∏ i = 1 k p i , 2 k + i ( ∏ i = 1 ( n − k ) q n − k + i , 2 ( n − k ) + i − ∏ i = 1 ( n − k ) q ¯ i , n − k + i ∏ i = 1 ( n − k ) q i , 2 ( n − k ) − i ) + λ M 1 ∏ i = 1 k p i , k + i ) | 0 1 ˜ 〉 + ( ν N 1 ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i ( ∏ i = 1 k p k + i , 2 k + i − ∏ i = 1 k p ¯ i , k + i ∏ i = 1 k p i , 2 k + i ) + λ N 1 ∏ i = 1 ( n − k ) q i , n − k + i ) | 1 0 ˜ 〉 + ( ν ( ∏ i = 1 k p k + i , 2 k + i − ∏ i = 1 k p ¯ i , k + i ∏ i = 1 k p i , 2 k + i ) N 1 ( ∏ i = 1 ( n − k ) q n − k + i , 2 ( n − k ) + i − ∏ i = 1 ( n − k ) q ¯ i , n − k + i ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i ) M 1 + λ N 1 M 1 ) | 1 1 ˜ 〉 + ν ∏ i = 1 k p i , 2 k + i M M 1 | 0 2 ˜ 〉 + ν ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i N N 1 | 2 0 ˜ 〉 ( ν ∏ i = 1 k p k + i , 2 k + i − ∏ i = 1 k p ¯ i , k + i ∏ i = 1 k p i , 2 k + i N 1 M M 1 ) | 1 2 ˜ 〉 + ν ∏ i = 1 ( n − k ) q n − k + i , 2 ( n − k ) + i − ∏ i = 1 ( n − k ) q ¯ i , n − k + i ∏ i = 1 ( n − k ) q i , 2 ( n − k ) + i M 1 N N 1 | 2 1 ˜ 〉 + ν N N 1 M M 1 | 2 2 ˜ 〉 .

matches: V. V. V. V. v. v.


text:
Protecting your personal data is particularly important to us. Therefore, we hereby wish to inform you in detail which personal data are processed when you use our websites and services.
(hereinafter: “Ninox”). More detailed information can be found in our Imprint.
We only process personal data in strict accordance with the pertinent data protection provisions. That means that the data are only processed when doing so is legally permissible. That means especially: when processing the data is necessary in order for us to fulfil our contractual obligations and provide our online-services; is legally required; consent has been given; due to our legitimate interests (i.e. interests in the analysis, optimization, economic operation and security of our online-services pursuant to Art. 6 Para. 1 lit. f. GDPR, especially in the context of reach measurement, the creation of profiles for promotion and marketing purposes as well as the collection of access data and the use of third-party services).
The legal basis for consent is provided in Art. 6 Para. 1 lit. a and Art. 7 GDPR, the legal basis for data processing for purposes of fulfilling our services and contractual measures is Art. 6 Para. 1 lit b GDPR, the legal basis for processing data in order to meet our legal obligations is Art. 6 Para. 1 lit. c GDPR, and the legal basis for processing data with a view to upholding our legitimate interests is provided by Art. 6 Para. 1 lit. f GDPR.
Furthermore, you have the right to complain to a supervisory authority for data protection about the processing of your data by us.
We would like to point out that any possible consent you have given pertaining to data protection can be revoked at any time, effective immediately. The same applies when you have given consent to be approached in a promotional manner. To do so, please contact us informally via e-mail at: info@ninoxdb.de. Such revocation can result in our services no longer being available at all, or only with restrictions.
Insofar as we base the processing of your data on a balancing of interests (Art. 6 Para. 1 Sent. 1 lit. f GDPR), you can object to such processing. In exercising such an objection, we kindly ask that you present the reasons why we should not process your data in the manner in which we have processed them. Should you voice a justified objection, we examine the factual circumstances of the matter and will then either cease processing of your data, modify how your data are processed, or illustrate the compelling legitimate grounds on basis of which we will continue to process your data.
We only pass your data on to third parties if doing so is necessary for contractual purposes pursuant to Art. 6 Para. 1 lit. b GDPR or can be justified on the basis of legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR.
In the event that we employ subcontractors in order to provide our services, we shall take appropriate legal precautions and corresponding technical and organisational measures in order to ensure that your personal data are protected in accordance with the applicable statutory provisions.
Where third-party providers are stated in this privacy statement and the stated registered offices of those third party providers are situated in a third country, it should be assumed that data are transferred to the countries in which the third party providers have their registered offices. We only process your data in third countries: if doing so is necessary in order for us to meet our (pre)contractual obligations (Art. 6 Para. 1 lit. a GDPR); on the basis of your consent (Art. 6 Para. 1 lit. a GDPR), due to a legal obligation (Art. 6 Para. 1 lit. c GDPR), or; on the basis of our legitimate interests (Art. 6 Para. 1 lit. f GDPR). The same applies for the processing of data by third parties on our behalf, the disclosure of your personal data to third parties and their transmission to third parties.
The data we store shall be deleted as soon as they are no longer needed for the purpose for which they are being stored and the law does not prescribe a statutory duty for the data to be retained. In the event that data are not deleted on grounds that they are still required for other or legally admissible reasons, their processing shall be restricted. This means that the data shall be blocked and shall not be processed for other purposes. This applies, for instance, for data that have to be kept for reasons pertaining to trade or tax law.
In accordance with the pertinent legal provisions, such data shall be stored for 6 years pursuant to Section 257 Para. 1 German Commercial Code (commercial books, inventories, opening balance sheets, annual financial statements, trade letters, accounting records, etc.) and ten years pursuant to Section 147 Para. 1 of the German Fiscal Code (accounts, records, situation reports, accounting records, trade or business letters, documents relevant for taxation, etc.).
The legal basis is Art. 6 Para. 1 Sent. 1 lit. f GDPR, namely our legitimate interest in displaying the websites that are called up.
In addition to the aforementioned data, cookies are saved to your device when you use our websites. Cookies are small text files which are saved on your hard drive and associated to your browser and which provide us with information. They serve to make our web-services more user-friendly and efficient. The legal basis is provided in Art. 6 Para. 1 Sent. 1 lit. f GDPR, namely our legitimate interest in improving the user-friendliness of our web-services and to evaluate our online marketing activities.
You can configure your browser settings to meet your preferences, for instance by refusing to accept cookies. We do point out that if you do so, you may not be able to use all of the functions and features of our websites.
If IP-anonymisation is activated, within member states of the European Union and other parties to the Agreement on the European Economic Area Google shortens your IP-address prior to transmission to the USA. In highly exceptional cases, the full IP-address is transmitted to a Google server in the USA and shortened there. IP-anonymisation is activated in our web service. Upon our request, Google shall use this information to analyse the use of our websites, to compile activity reports and to provide us with other services related to the use of our websites and the internet.
According to Google, the IP-address that your browser passes on to Google Analytics is not combined with any other Google data. We complementarily refer to Google’s data protection policy. You can prevent Google from capturing and subsequently processing the data generated by the cookie and which refer to your usage (including your IP-address) by downloading and installing a browser-plugin.
We use the online advertising program “Google AdWords”, and within Google AdWords we use the Conversion Tracking feature. Google Conversion Tracking is an analytical service provided by Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). If you click on an ad placed by Google, a conversion tracking cookie is stored to your device.
If you visit certain pages on our website and the cookie has not yet expired, both we and Google can see that you clicked on the ad and were subsequently redirected to the webpage. Every Google-AdWords customer has a different cookie. Cookies can, therefore, not be tracked or traced via the websites of AdWords-customers. The information gathered by the conversion cookie is used to compile conversion statistics for AdWords customers who use Conversion Tracking. Customers who do can see the total number of users who have clicked on their ads and been redirected to webpages outfitted with a Conversion Tracking tag. They do not, however, receive any information that could serve to personally identify users.
Further information is available here and in Google’s data protection policy.
We use the remarketing or “Similar Audiences” function provided by Google LLC, Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”) on our websites. Using this function, we can address you, as a visitor of our websites, with targeted advertising by displaying personalized, interests-based ads when you visit other websites that are also part of the Google Display Network.
The information generated by the cookies is transmitted by Google to a server in the USA for analysis and storage. Google only transfers data to third parties when so required by law or in the context of commissioned data processing. Google shall under no circumstances combine your data with other data collected by Google. By using our websites, you declare that you accept that Google processes the data collected about you, the fashion in which they are processed described above, and the purpose for which they are collected and processed.
You can prevent that the website-usage data are collected by the cookies and that these data are processed by Google by downloading and installing the DoubleClick deactivation expansion browser-plugin.
Within our online offer, due to our legitimate interests in the analysis, optimization and economic operation of our web services and for these purposes, we use the so-called "Facebook-Pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are an EU resident, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").
On the one hand, the Facebook-Pixel enables Facebook to identify users of our online services as the target group for the display of advertisements (so-called “Facebook-Ads”). Accordingly, we use the Facebook-Pixel to ensure as far as possible that the Facebook-Ads we have placed are only displayed to those Facebook-Users who have expressed an interest in our online services or who exhibit certain criteria or attributes (f. ex. interests in certain topics or products as ascertained based on the websites the user has visited) that we transmit to Facebook (so-called “Custom Audiences”). By using the Facebook-Pixel, we furthermore aim to ensure that our Facebook-Ads correspond to the potential interests of the users and do not come across as disturbing, harassing or annoying. Moreover, using the Facebook-Pixel helps us to understand the effectiveness of Facebook-Ads for statistical and market research purposes, in that we can see whether users are directed to our website after clicking on a Facebook-Ad (so-called “Conversion”).
The Facebook-Pixel is immediately integrated when one of our web pages is opened, and can store a so-called cookie, i. e. a small file, on your device. If you subsequently log in to Facebook or visit Facebook while logged in, your visit to our online service is assigned to your profile. The data collected which pertain to you are anonymous to us, and thus do not allow us to infer the identity of users. The data are, however, stored and processed by Facebook, so that they could be linked to the respective user profile and used by Facebook or for our own market research and advertising purposes. In the event that we should transfer data to Facebook for matching purposes, such data are locally encrypted by the browser and are only then transferred to Facebook via a secure https-connection. This is done solely for the purpose of making a comparison with the data that have likewise been encrypted by Facebook.
Facebook processes the data in accordance with Facebook’s Data Usage Policy. Special information and details on the Facebook-Pixel and how it works can be found in Facebook’s help section.
You can opt out of your data being collected by the Facebook-Pixel and used to display Facebook-Ads. In order to customize which types of advertisements are displayed for you within Facebook, you can open the respective page provided by Facebook and follow the instructions for setting up use-based advertising.
When you contact us via E-mail, telephone or a contact form, we process the data you provide (f. ex. E-mail address, name, telephone number, or the content of the request) in order to respond to your questions and/or to process your requests. The legal basis is provided by Art. 6 Para. 1 lit. b GDPR.
If you use our application, we process your contact and payment data as well as your communication, contract and usage data in order to fulfil, process and invoice the contractual services described in our General Terms and Conditions. All aforementioned types of data, with the exception of communication and usage data, are necessary for the conclusion of the contract. Without them, the contract cannot be concluded. For the aforementioned purpose, your data may be transferred to service providers (hosters, operators of communications applications and other service providers) who support us with our business, who we have of course selected with the utmost care and diligence and who are bound to our instructions. Such service providers include, in particular, providers of technical services who support us in rendering our services.
The existing contractual relationship constitutes the legal basis (Art. 6 Para. 1 Sent. 1 lit. b. GDPR).
We send out e-mails and other electronic notifications with promotional information (hereinafter: “newsletter”) only with your consent or when we are legally permitted to do so. The newsletters contain information about our products, services, campaigns and our company. By subscribing to our newsletter, you declare your consent to receiving it.
The use of a delivery service provider, the conduction of statistical surveys and analyses as well as the logging of the registration process all occur on the basis of our legitimate interests pursuant to Art. 6 Para. 1 lit. f GDPR. Our interest lies in providing a user-friendly and secure newsletter system that both serves our business interests and meets your expectations.
You can withdraw your consent to receive our newsletter at any time. A respective withdrawal link is provided at the end of each newsletter.
We employ technical and organizational security measures to protect the data we have gathered, especially against accidental or deliberate manipulation, loss, destruction or attack by unauthorized persons. Our security measures are subject to continuous improvement in line with technological advances and development.

matches:
Art. 6
Art. 6
Art. 7
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6
Art. 6


Accordingly, the Ninth Circuit held that the trial court properly exercised its jurisdiction over the matter where the bank - acting as trustee - was sued in its own name, and along with the other named defendants, was of diverse citizenship with the plaintiff.
The plaintiff borrower (“Borrower”) took out a loan, and the loan was later securitized and the deed of trust was assigned to the bank (“Bank”), which acted as trustee for a trust (“Trust”). The Trust was governed by a pooling and servicing agreement, which provided that all “right, title and interest” in the Trust were conveyed to the Bank “for the use and benefit of the Certificateholders,” and the Bank was given the power to hold the Trust’s assets, sue in its own name, transact the Trust’s business, terminate servicers, and engage in other necessary activities.
In her complaint, the Borrower asserted various causes of action under California law, including wrongful foreclosure. The Borrower named, among others, the Bank.
The defendants removed the matter to the trial court based on diversity jurisdiction. The notice of removal specifically stated that it was filed on behalf of, among others, the Bank as trustee for the Trust. The notice further stated that the Bank was incorrectly sued in its name only, without referencing the Trust.
The notice asserted that the Bank was a national banking association organized under the laws of the United States, with its main office in Virginia, and was therefore a citizen of Virginia for diversity purposes.
Because no defendant was, like the Borrower, a citizen of California, the notice concluded that diversity jurisdiction was established and removal was proper.
The trial court agreed and the matter remained in federal court. The trial court subsequently granted summary judgment in favor of the defendants.
The Borrower appealed. On appeal, she did not contest the trial court’s summary judgment decision, but instead only challenged the court’s subject matter jurisdiction over the action.
The Borrower argued that the defendants failed to establish diversity jurisdiction because, following Americold, they were required to demonstrate the citizenship of the Trust’s investors, and could not simply rely on the citizenship of the Bank as its trustee.
In addressing the argument, the Ninth Circuit first discussed two other pertinent Supreme Court decisions, Navarro and Carden v. Arkoma Associates.
After reaching its ruling, the Ninth Circuit noted in dicta that there was potential conflict between its decision in Johnson that “[a] trust has the citizenship of its trustee or trustees” and Americold where the Supreme Court concluded that the citizenship of nontraditional trusts should be determined based on their members, not trustees.
When the developer failed to pay off the loan, the title company (Trustee) recorded the notice of default and a notice of trustee’s sale. The property was sold at a public auction.
As you may recall, in California, “[a] beneficiary or trustee under a deed of trust who conducts an illegal, fraudulent or willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure.” Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 929. However, “[t]he trustee of a deed of trust is a not a true trustee with fiduciary obligations, but acts merely as an agent for the borrower-trustor and lender-beneficiary.” Id., at p. 927.
The trustee’s “only duties are: (1) upon default to undertake the steps necessary to foreclose the deed of trust; or (2) upon satisfaction of the secured debt to reconvey the deed of trust.” Heritage Oaks Partners v. First American Title Ins. Co. (2007) 155 Cal. App. 4th 339, 345.
The developer argued in Lupertino v Carbahal (1973) 35 Cal.App.3d 742, the court found that the trustee was equitably estopped from asserting that it complied with the notice requirements of the non-judicial foreclosure statutes. There, the trustee mailed the notice of trustee’s sale to only the borrowers’ address of record, and because the borrowers had moved, they did not receive actual notice in time to cure the default.
Noting that both of these claims were derivative of the wrongful foreclosure claim, and that the developer did not argue how these claims might still be viable even if the wrongful foreclosure cause of action was not, the Appellate Court concluded that Trustee’s demurrer as to the remaining claims was also properly sustained.
The U.S. Supreme Court recently issued its much-anticipated opinion in Obduskey v. McCarthy & Holthus LLP, ruling the federal Fair Debt Collection Practices Act does not cover persons engaged in "non-judicial foreclosures" except with respect to a single provision contained in the FDCPA.
The FDCPA defines a debt collector as persons engaged "in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts." The Colorado borrower alleged this included the law firm and mortgage servicer.
However, the FDCPA's definition of a debt collector also states that "[the] term [debt collector] also includes any person . . . in any business the principal purpose of which is the enforcement of security interests" for purposes of section 1692f(6). The law believed this provision excluded its efforts undertaken in the nonjudicial foreclosure.
The trial court agreed with the law firm and mortgage servicer and granted their motions to dismiss, determining that the mortgage servicer was not a "debt collector" under the FDCPA because the loan was not in default when it began servicing the loan. The trial court also found the law firm's nonjudicial foreclosure activities were "outside the scope of the FDCPA."
The borrower appealed and the U.S. Court of Appeals for the Tenth Circuit affirmed the District Court's decision, explaining that despite findings to the contrary by three other circuits (the Fourth, Fifth, and Sixth) and the Colorado Supreme Court, a nonjudicial foreclosure is not an attempt to collect money. Therefore, the "mere act of enforcing a security interest through a non-judicial foreclosure proceeding does not fall under the FDCPA."
The U.S. Supreme Court granted the borrower's Petition for a Writ of Certiorari on June 28, 2018, and heard oral argument on Jan. 7, 2019.
The Supreme Court first looked to the language of the FDCPA which provides a "general" definition for "debt collector." However, that subsection also provides: "For the purpose of section 808(6) [15 U.S.C. § 1692f(6)], such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests." (emphasis added).
Focusing on the italicized terms above, and particularly the word "also," the Court stated the phrase "strongly suggests that one who does no more than enforce security interests does not fall within the scope of the general definition. Otherwise why add this sentence at all?"
Second, the Court explained that it makes sense to "treat security-interest enforcement differently from ordinary debt collection in order to avoid conflicts with state nonjudicial foreclosure schemes." As an example, the Court noted state nonjudicial foreclosures procedures include consumer protection provisions, some of which are in conflict with the FDCPA, such as the requirement to publicize the sale.
Third, the Court looked to the legislative history which evidenced conflicting proposals regarding the applicability of the entire FDCPA to persons who enforce security interests. "Given these conflicting proposals, the Act's present language has all the earmarks of a compromise: The prohibitions contained in §1692f(6) will cover security-interest enforcers, while the other 'debt collector' provisions of the Act will not."
Accordingly, the Court concluded with the seemingly narrow holding that "but for §1692f(6), those who engage in only nonjudicial foreclosure proceedings are not debt collectors within the meaning of the Act."
 The FDCPA's definition of "debt collector" excludes "any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity concerns a debt which was not in default at the time it was obtained by such person." 15 U.S.C. § 1692a(6)(F)(iii).
 "The term 'debt collector' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." 15 U.S.C. §1692a(6).
 Section 1692f(6) prohibits: "[t]aking or threatening to take any nonjudicial action to effect dispossession or disablement of property if—(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such dispossession or disablement."


text:
for the Democratic nomination for A.G.
CJA's September 7, 1998 letter -- "Raising Electorally-Significant Issues of Government Integrity: Wednesday, September 9th Debate of Candidates for the Democratic Nomination for NYS Attorney General"
CJA's September 9, 1998 hand-out: "IS CASE FILE EVIDENCE OF JUDICIAL CORRUPTION AND COLLUSION BY THE STATE ATTORNEY GENERAL 'TOO HOT' FOR THE CANDIDATES"
CJA's December 24, 1998 letter -- "RE: Rescinding the appointments of Michelle Hirshman and Richard Rifkin"
CJA's December 28, 1998 letter-- "RE: Rescinding the appointments of Michelle Hirshman and Richard Rifkin"
CJA's January 27, 1999 letter -- "RE: Your mandatory professional and ethical obligations"
Ex.C-1: CJA's December 24, 1998 letter to A.G. Spitzer -- c/o Lloyd Constantine, Chairman-Transition Team --"RE: Rescinding the Appointments of Michelle Hirshman & Richard Rifkin"
RE: Rescinding the Appointments of Michelle Hirshman & Richard Rifkin"
CJA's April 2, 1999 letter -- "Attorney General Spitzer's Promise of 'the Finest Public Interest Law Firm in the Nations' (transcript of City Bar breakfast, January 27, 1999, p. 11)"
CJA's March 26, 1999 ethics complaint to NYS Ethics Commission -- "RE: NEWLY-INITIATED ETHICS COMPLAINTS: (1) against the Ethics Commissioners and, particularly Ethics Chairman Paul Shechtman; (2) against former Ethics Commission Executive Director, now Deputy Attorney General Richard Rifkin; (3) against Governor George Pataki; (4) against the NYS Commission on Judicial Nomination; (5) against Attorney General Eliot Spitzer, personally; AND SECOND SUPPLEMENT TO CJA's March 22, 1995 ETHICS COMPLAINT AGAINST NYS COMMISSION ON JUDICIAL CONDUCT"
CJA's August 6, 1999 letter -- "RE: Petitioner's July 28, 1999 Motion for Omnibus Relief"
CJA's October 29, 1999 notice -- -- "RE: Michael Mantell v. NYS Commission on Judicial Conduct"
CJA's March 17, 2000 transmittal memo -- "RE: Your Duty to Ensure Independent Investigation..."
Ex. A: pages from Chief Judge Kaye's January 10, 2000 "State of the Judiciary Address"
(3) CJA's March 17, 2000 letter to Manhattan D.A.
CJA's September 27, 2000 letter to A.G. Spitzer -- "RE: Your ethical and professional duty, inter alia: (1) to withdraw your Law Department's fraudulent 'Brief for Respondent' in Mantell v. Commission...; (2) to withdraw from your representation of the Commission therein as inconsistent with Executive Law 63.1, and; (3) to intervene therein and in Elena Ruth Sassower v. Commission...on behalf of the public interest, advanced in each proceeding by the pro se petitioners"
CJA's December 1, 2000 notice -- "RE: Michael Mantell v. NYS Commission on Judicial Conduct"
CJA's January 10, 2001 letter -- "RE: Your duty under Executive Law 63.1 in the appeal..."
CJA's April 18, 2001 letter -- "RE: Withdrawing your Respondent's Brief in the appeal..."
CJA's May 3, 2001 letter -- "RE: Meeting your Obligations under New York's Disciplinary Rules of the Code of Professional Responsibility and under Executive Law 63.1 in the appeal..."
CJA's October 11, 2001 notice -- "RE: You Mandatory Supervisory Responsibilities under 22 NYCRR 1200.5 [DR 1-104 of New York's Disciplinary Rules of the Code of Professional Responsibility] and 22 NYCRR 130-1.1"
CJA's January 7, 2002 notice -- "Your ethical and professional duty to take steps to vacate for fraud the Appellate Division, First Department's December 18, 2001 decision in Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc., acing pro bono publico v. Commission on Judicial Conduct of the State of New York (NY Co. 108551/99) and to secure the criminal prosecution of the five-judge appellate panel, in addition to initiation of disciplinary proceedings to remove them from the bench"
CJA's January 23, 2002 letter to Attorney General Spitzer --"RE: Your Duty to Protect the People of this State from the Possible Elevation of Milton L. Williams, John T. Buckley, or Richard T. Andrias, each Appellate Division, First Department Associate Justices, to the position of Presiding Justice of the Appellate Division, First Department"
CJA's February 12, 2002 letter to Attorney General Spitzer -- "RE: (1) Supplement to CJA's January 23, 2002 Letter-Notice: Your Duty to Your Duty to Protect the People of this State from the Possible Appointment of Eugene L. Nardelli, Acting Presiding Justice of the Appellate Division, First Department, to the Position of Presiding Justice; (2) Your Mandatory Supervisory Duty to Withdraw Assistant Solicitor General Carol Fischer's fraudulent opposition to the January 17, 2002 Motion for Reargument in Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc., acting pro bono publico v. Commission on Judicial Conduct of the State of New York"
CJA's May 3, 2002 notice -- "RE: Setting the Record Straight as to 'The Crisis of Accountability'..."
-- enclosing Spitzer's May 1, 2002 Law Day speech at the NY Court of Appeals: "The Crisis of Accountability"
CJA's May 21, 2002 notice -- "RE: Upholding Fundamental Ethical Standards of Professional Responsibility and Discharging your Duty as 'The People's Lawyer'..."
CJA's July 3, 2002 notice -- "RE: Upholding Fundamental Ethical Standards of Professional Responsibility and Discharging your Duty as 'The People's Lawyer'..."
CJA's November 21, 2002 notice --"RE: Upholding Fundamental Ethical Standards of Professional Responsibility and Discharging your Duty as 'The People's Lawyer'..."
CJA's March 27, 2001 letter to NYS Ethics Commission -- "RE: Agenda of the April 3, 2002 meeting of the Ethics Commissioners: (1) Inaction on CJA's ethics complaints - born of the Ethics Commissioners' disqualifying conflicts of interest; (2) Request for intervention in the appeal of the Article 78 proceeding, Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc., acting pro bono publico v. Commission on Judicial Conduct of the State of New York (NY Co. #99-108551), now pending in the Appellate Division, First Department"
Press Suppression: EXPOSING THE PRESS COVER-UP OF THE "BIGGEST LESSON OF ALL" in the Spitzer Fiasco -- The Press as Mr. Spitzer's "Enablers"

matches: v. v. v. v. v. v. v.


text:
1. 22676. Adulteration of butter. U. S. v. 25 Cubes of Butter. Default decree of condemnation, forfeiture, and destruction.
2. 22715. Adulteration and misbranding of butter. U. S. v. Delta Valley Creamery Co. Plea of guilty. Fine, $29.
3. 22716. Adulteration and misbranding of butter. U. S. v. Pend d'Oreille Creamery Co.'' Plea of guilty. Fine, $500 and costs.
4. 22717. Adulteration and misbranding of butter. U. S. v. Fairmont Creamery Co. Plea of guilty. Fine, $75.
5. 22719. Adulteration and misbranding of butter. U. S. v. Challenge Cream & Butter Association. Plea of guilty. Fine, $26.
6. 22720. Adulteration and misbranding of butter. U. S. v. Lester O. Casperson (O. Casperson & Sons). Plea of guilty. Fine, $250.
7. 22724. Adulteration of butter. U. S. v. Harry Peterson (Arrow Creamery Co.). Plea of guilty. Fine, $25.
Harry Peterson, trading as the Arrow Creamery Co.
8. 22727. Adulteration of butter. U. S. v. Sentinel-Missoula Creamery, Inc. Plea of guilty. Fine, $50 and costs.
9. 22728. Adulteration and misbranding of butter. U. S. v. Edelstein Dairy Co., Inc. Plea of nolo contendere. Fine, $50.
10. 22737. Adulteration of butter. U. S. v. 54 Cases of Butter. Default decree of condemnation, forfeiture, and destruction.

matches: v. v. v. v. v. v. v. v. v. v.


text:
Appeal requested in case of Yasser Ayub v. Competitive Softball Promotions Inc.
In SC18-842, Yasser Ayub v. Competitive Softball Promotions Inc., Ayub sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Citizens for Strong Schools Inc., et al. v. Florida State Board of Education, et al.
In SC 18-67, Citizens for Strong Schools Inc., et al. v. Florida State Board of Education, et al., Citizens for Strong Schools Inc., et al. sent a notice of appeal to the Florida Supreme Court.
In SC18-559, Luther Edward Spicer and Clara Jean May v. Ocwen Loan Servicing LLC, Spicer and May sent a notice of appeal to the Florida Supreme Court.
In SC-18-322, Albert A.A. Cartenuto III, et al. v. The Justice Administration Commission, Cartenuto III sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Heritage Manor of Memorial Park Inc., et al. v. DFG Group LLC, et al.
In SC18-581, Heritage Manor of Memorial Park Inc., et al. v. DFG Group LLC, et al., Heritage Manor of Memorial Park Inc., et al, various entities, sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Indian River County Board of Commissioners v. Ocean Concrete Inc., et al.
In SC18-729 , Indian River County Board of Commissioners v. Ocean Concrete Inc., et al, Indian River County Board of Commissioners sent a notice of appeal to the Florida Supreme Court.
In SC 18-742, Liork LLC and Keren Ben Shimon v. BH 150 Second Avenue LLC, Liork LLC and Shimon sent a notice of appeal to the Florida Supreme Court.
In SC15-1926, Alexis Cantore, et al. v. West Boca Medical Center, respondent Miami Children's Hospital sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Progressive Select Insurance Co. v. Florida Hospital Medical Center Inc.
In SC18-278, Progressive Select Insurance Co. v. Florida Hospital Medical Center Inc., Progressive Select Insurance Co. sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Raymond Staines v. R.J. Reynolds Tobacco Co. and Philip Morris USA Inc.
In SC18-628, Raymond Staines v. R.J. Reynolds Tobacco Co. and Philip Morris USA Inc., Staines, personal representative of the estate of Nora Staines, sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Charles A. Lieupo v. Simon's Trucking Inc.
In SC 18-657, Charles A. Lieupo v. Simon's Trucking Inc., Lieupo sent a notice of appeal to the Florida Supreme Court.
Florida Supreme Court strikes motion in Randy J. Webb v. US Bank NA, et al.
In SC18-457, Randy J. Webb v. US Bank NA, et al., Webb petitioned an appeal to the Supreme Court of Florida.
In SC17-2058, Trial Practices Inc. v. Hahn Loeser & Parks LLP, Trial Practices Inc., sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Campus Edge Condominium Association Inc. v. Arlington Properties Inc.
In SC18-238, Campus Edge Condominium Association Inc. v. Arlington Properties Inc., Campus Edge Condominium Association Inc., sent a notice of appeal to the Florida Supreme Court.
Appeal requested in case of Campus Edge Condominium Association Inc. v. Arlington Pebble Creek Inc.
In SC18-237, Campus Edge Condominium Association Inc. v. Arlington Pebble Creek Inc., Campus Edge Condominium Association Inc. sent a notice of appeal to the Florida Supreme Court.
In SC18-583, Roy W. Bruce Jr., et al vs. U.S. Bank National Association, etc., Bruce Jr. sent a notice of appeal to the Florida Supreme Court.
Florida Supreme Court orders amended brief in Alison Rampersad et al. v. Coco Wood Lakes Association Inc.
In SC-18-398, Alison Rampersad et al. v. Coco Wood Lakes Association Inc., Rampersad petitioned an appeal to the Supreme Court of Florida.
In SC2018-554, Lake City Fire & Rescue Association, Local 2288, et al v. city of Lake City, Florida, Lake City Fire & Rescue Association sent a notice of appeal to the Florida Supreme Court.
Florida Supreme Court to hear D.H. and L.H., et al v. Adept Community Services Inc. and B.E.A.R.R. Inc.
The Florida Supreme Court will hear the case of D.H. and L.H., et al v. Adept Community Services Inc. and B.E.A.R.R. Inc. at 9 a.m. Tuesday, May 8.
Florida Supreme Court strikes brief in Randy J. Webb v. US Bank NA, et al.

matches: v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v. v.


Executive Summary: Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law addresses and preserves important employer rights regarding drug-free workplace policies generally, but it leaves unanswered a number of significant questions that may ultimately end up needing to be resolved by courts. Although the new law expressly provides that it does not create a private cause of action against employers for wrongful discharge or discrimination, and does not require an employer to accommodate the use of medical marijuana at work, it does not squarely address the extent of an employer’s obligation to accommodate the use of medical marijuana outside the workplace. Thus far cases decided in other states with similar medical marijuana statutes or constitutional amendments have upheld an employer’s right to continue to apply uniform “zero tolerance” drug free workplace policies that prohibit the use of marijuana under any circumstances at any time. While these court decisions in other jurisdictions should provide Florida employers some comfort, how a Florida court would resolve a similar legal challenge remains to be seen, particularly in a case that also implicates the Americans with Disabilities Act (ADA), the Florida Civil Rights Act (FCRA) and/or the Family and Medical Leave Act (FMLA).
On June 23, 2017, Governor Rick Scott signed into law Senate Bill 8-A, which implemented Amendment 2, the “Florida Medical Marijuana Legislation Initiative.” Amendment 2 followed the enactment of Senate Bill 1030 in 2014, which created the “Compassionate Medical Cannabis Act of 2014,” now codified as Florida Statute §381.986. Among other things, §381.986 originally legalized low-THC cannabis for medical use by qualified patients who suffered from cancer or certain conditions that caused chronic seizures or severe and persistent muscle spasms.
Applicability.— This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana, as defined in this section, is not reimbursable under chapter 440 [the “Workers’ Compensation Law”].
FordHarrison first analyzed the likely impact of the legalization of medical marijuana on Florida employers not long after the passage of Amendment 2, in our Alert “What Does Florida’s New Medical Marijuana Law Mean for Employers?” As noted in that Alert, the language of the amendment made clear that employers would not have an obligation to accommodate any on-site use of medical marijuana in the workplace as a result of the amendment’s passage. Similarly, as noted above, Subsection 15 of amended §381.986 expressly denies any duty to accommodate the use of medical marijuana in the workplace or an individual working while under the influence of medical marijuana. However, like Amendment 2, amended §381.986 does not expressly address whether employers may have to accommodate medical marijuana use by applicants or employees outside of the workplace, including as a result of any accommodation obligations arising under the ADA or FCRA.
While no Florida courts have yet had occasion to address this issue, in other jurisdictions with medical marijuana laws that are silent on the issue of accommodation of the use of medical marijuana outside of work, courts have consistently upheld an employer’s right to observe and enforce uniformly applied “zero tolerance” drug free workplace policies against applicants or employees who failed drug tests as a result of the use of medical marijuana. For example, in Roe v. TeleTech Customer Care Management (Colorado) LLC, 257 P.3d 586 (Wash. 2011), a medical marijuana user in Washington State sued her former employer for wrongful termination based on a “new hire” positive drug test. The plaintiff argued, among other things, that the legislature’s express denunciation of an employers’ duty to accommodate “any on-site medical use of marijuana in any place of employment” impliedly created a duty to accommodate such use off-site. The Washington Supreme Court disagreed, finding that “the statute’s explicit statement against an obligation to accommodate on-site use [did] not require reading into [the law] an implicit obligation to accommodate off-site medical marijuana use.” Should amended §381.986 face a similar challenge in the future, Florida courts may similarly decline to read into the statute an unexpressed obligation to accommodate off-site use, particularly in light of the statute’s express language stating it does not create a cause of action for wrongful discharge.
In our earlier Alert we also observed that because marijuana remains illegal under federal law, a user of medical marijuana seemingly would not satisfy the definition of a “qualified individual with a disability” under the ADA, as the ADA expressly excludes from coverage any employee or job applicant “who is currently engaging in the illegal use of drugs, when the [employer] acts on the basis of such use.” 42 U.S.C. §12114a. (The ADA in turn defines “illegal drugs” by reference to federal law (under the federal Controlled Substances Act), not state law.). Although courts generally have construed the FCRA in conformity with the ADA in most circumstances, the answer could be less clear under the FCRA, which has no analogous express provision tied to use of drugs that are illegal under federal law.
Employers must also keep in mind, however, that even though the ADA does not protect current use of medical marijuana or actions taken because of its use (such as terminations under a zero tolerance policy), the underlying condition (and/or disclosure of it to the employer) may still implicate and impose ADA and FCRA obligations, including an obligation to engage in the ADA interactive process with the employee and/or explore other accommodations independent of the use of medical marijuana. Similarly, the underlying condition for which medical marijuana is being used will likely be considered a “serious health condition” under the FMLA, in turn triggering certain rights for the eligible employee to take protected leaves of absence from work. Thus, employers need to consider the possible applicability of the FMLA when addressing an employee’s use of medical marijuana.
It remains to be seen how courts will interpret the provision in the new law that states the statute does not create a cause of action for wrongful discharge or discrimination when that provision is applied in a specific workplace scenario. Seemingly, so long as an employer can show that its employment decision is based solely upon an individual’s use of marijuana, and not on the medically authorized reason for the use, the provision in Subsection 15 would appear to provide a basis for arguing that any such lawsuit is barred by the statute. Again, however, only time will tell as this point.
Employers’ Bottom Line: Although amended §381.986 contains seemingly employer-friendly provisions, Florida employers still need to be cautious and aware in the coming weeks and months of open issues not addressed or clarified in the new law. For now, employers should review their current policies and practices to be sure they account for the fact that marijuana is treated differently under federal and state law, remain vigilant in monitoring developments in this area of the law, and consult with qualified legal counsel when encountering situations implicating the ADA, FCRA or FMLA and the authorized medical use of marijuana.


text:
How do different ecological pressures affect animal learning and memory abilities? Our investigations use factors such as predation pressure or the relative stability of the local environment to determine what shapes cognition and temperament in different natural populations. Our studies use within-species comparisons and rearing in controlled environments to determine factors underpinning individual differences in cognition and behavior. Much of our work uses various species of fish to address these issues.
Over the last few years concerted efforts have been made to bolster threatened fish populations through the managed release of hatchery-reared individuals. While hatcheries provide a safe and productive growing environment, they do little to prepare fish for life in naturally variable wild environments. We have been investigating how to introduce elements of variability into the hatchery environment to promote behavioral flexibility and increase survival in hatchery-reared fish that are released into the wild.
How Should we Maintain and Care for Fish in Public Aquaria?
In a new collaboration with the Norwalk Aquarium in Connecticut, we are linking Penn State with the marine environment. This research is investigating which kinds of tank enrichment and other forms of stimulation help different species cope in captive environments that are often busy and noisy with interested aquarium visitors. One aspect currently being addressed is the value of providing more choice, control and predictability to the captive environment. This work is, in part, supported by a donation from Peter and Ann Tombros.
We have begun to use rodent models to explore the effects of exposure to stressors specifically during adolescence. As this is a particularly sensitive time of life where the stress response system matures and specific regions in the brain undergo considerable change, stressors experienced during this time could be expected to generate long-term consequences for the adult phenotype. We are investigating the development of adult decision making, coping response, and cognitive bias in rodents that have experienced chronic unpredictable stress during adolescence.
Do fish have a capacity to detect tissue-damaging stimuli and if they do, can the fish perceive such stimuli as painful? We have shown that fish possess a nociceptive system, a system that consists of specialized nerve fibers that mammals and birds use to detect noxious stimuli. We also have found that fish experiencing noxious stimuli are cognitively impaired, but this impairment can be reversed if the fish are provided with pain relief. We currently are using assays of fish emotional states and cognition as tools to investigate whether fish suffer from the negative experience of pain. Our work aims to determine what types of welfare measures might be appropriate for fish held in captivity for aquaculture or in research establishments.
Keagy, J. Braithwaite, V.A. & Boughman, J. W. (2018) Brain differences in ecologically differentiated sticklebacks. Current Zoology 64: 243-250.
Weary, D. M., Droege, P. & Braithwaite, V. A. (2017) Behavioural evidence of felt emotions: approaches, inferences and refinements. Advances in the Study of Behavior 49: 27-48.
Maia, C. M., Ferguson, B., Volpato, G. L. & Braithwaite, V. A. (2017) Physical and psychological motivation tests of individual preferences in rainbow trout. Journal of Zoology 302: 108-118.
White, S. L. Wagner, T. Gowan, C. & Braithwaite, V. A. (2017) Can personality predict individual differences in brook trout spatial learning ability? Behavioural Processes 141:220-228.
Chaby, L. E., Sheriff, M. J., Hirrlinger, A. M., & Braithwaite, V. A. (2015) Stress during adolescence improves adult foraging under future threat in rats. Animal Behaviour 105: 37-45.
Brandão, M. L. Braithwaite, V A. & de Freitas, E. G. (2015) Isolation impairs cognition in a social fish. Applied Animal Behaviour Science 171: 204-210.
Chaby, L. E., Cavigelli, S. A., Hirrlinger, A. M., Caruso, M. J., & Braithwaite, V. A. (2015). Chronic unpredictable stress during adolescence causes long-term anxiety. Behavioural Brain Research, 278, 492–495.
Droege, P. & Braithwaite, V. A. (2014) A framework for investigating animal consciousness. Current Topics in Behavioral Neurosciences 19: 79-98.
DePasquale, C., Wagner, T., Archard, G. A., Ferguson, B. & Braithwaite, V. A. (2014) Learning rate and temperament in a high predation risk environment. Oecologia 176: 661–667.
Beri, S., Patton, B. W. & Braithwaite, V. A. (2014) How ecology shapes prey fish cognition. Behavioural Processes 109:190-194.
dos Santos, M. Braithwaite, V. A. & Wedekind, C. (2014) Exposure to superfluous information reduces cooperation and increases antisocial punishment in reputation-based interactions. Frontiers in Ecology and Evolution. 2: 41.
Braithwaite, V. A. & Ebbesson, L. O. E. (2014) Pain and stress responses in farmed fish. OIE Scientific and Technical Review, Vol. 33 (1).
Millot, S., Nilsson, J., Fosseidengen, J. E., Fernö, A. Braithwaite, V. A. & Kristiansen, T. S. (2014) Innovative behaviour in fish: Atlantic cod can learn to use an external tag to manipulate a self-feeder. Animal Cognition 17: 779-785.
Bovenkerk, B. & Braithwaite, V. A. (2014) Beneath the Surface: killing of fish as a moral problem The End of Animal Life: Ethical and societal considerations on killing animals. Eds: Meijboom, F. L. B. & E. N. Stassen, E. N. Wageningen Academic Publishers.
Braithwaite, V. A. (2014) Pain perception. The Physiology of Fishes, 4th edition. Editors Evans, D. H., Clairborne, J. B. & Currie, S. CRC Press. pp. 327-343.
Braithwaite, V. A. (2013) Assessment and management of pain in vertebrate animals. In: Animal Suffering from Science to Law. Editors van der Kamp, T. A. & Lachance, M. Carswell Press, Toronto. pp. 25-32.
Chaby, L., Cavigelli, S. A., White, A., Wang, K. & Braithwaite, V. A. (2013) Long-term changes in cognitive bias and coping response as a result of chronic unpredictable stress during adolescence. Frontiers in Neuroscience 7, 328, doi: 10.3389/fnhum.2013.00328.
Ebbesson, L. O. E. & Braithwaite, V. A. (2012) Environmental impacts on fish neural plasticity and cognition. Journal of Fish Biology 81: 2151-2174.
Archard, G. A., Earley, R. L., Hanninen, A. F. & Braithwaite, V. A. (2012) Correlated behaviour and stress physiology in fish exposed to different levels of predation pressure. Functional Ecology 26: 637-645.
Folkedal, O., Stien, L.H., Torgersen, T., Oppedal, F., Olsen, R.E., Fosseidengen, J.E., Braithwaite, V.A. & Kristiansen, T.S. (2012) Food anticipatory behaviour as an indicator of stress response and recovery in Atlantic salmon post-smolt after exposure to acute temperature fluctuation. Physiology & Behavior 105: 350-356.
Eriksen, M. S., G. Færevik, S. Kittilsen, M. I. McCormick, B. O. Braastad, B. Damsgård, V. A. Braithwaite, and M. Bakken. 2011. Stressed mothers-troubled offspring? A study of behavioural maternal effects in farmed Atlantic salmon, Salmo salar. Journal of Fish Biology 79: 575-586.
Salvanes, A. G. V., A. C. Utne-Palm, B. Currie, and V. A. Braithwaite. 2011 Strategies underpinning diel vertical migration of the bearded goby Sufflogobius bibarbatus in an extreme environment. Marine Ecology Progress Series 425: 193-202.
Utne-Palm, A. C., A. G. V. Salvanes, B. Currie, S. Kaartvedt, G. E. Nilsson, V. A. Braithwaite, et al. 2010. Trophic structure and community stability in an overfished ecosystem. Science 329: 333-336.
Braithwaite, V. A. and A. G. V. Salvanes. 2010. Aquaculture and restocking: implications for conservation and welfare. Animal Welfare 19: 139-149.
Braithwaite, V. A. 2010. Do Fish Feel Pain? Oxford University Press, Oxford, United Kingdom.
Heenan, A., S. D. Simpson, M. G. Meekan, S. D. Healy, and V. A. Braithwaite. 2009. Restoring depleted coral reef fish populations through recruitment enhancement: a proof of concept. Journal of Fish Biology 75: 1857-1867.
Magnhagen, C., V. A. Braithwaite, E. Forsgren, and B. G. Kapoor. 2008. Fish Behaviour. Science Publishers, New Hampshire, United States.
Brydges, N. M., N. Colegrave, R. Heathcote, and V. A. Braithwaite. 2008. Habitat stability and predation pressure affect behavioural traits in populations of three-spined sticklebacks. Journal of Animal Ecology 77: 229-235.
Braithwaite, V. A. and P. Boulcott. 2007. Pain perception and fear in fish. Diseases in Aquatic Organisms 75: 131-138.
Brown, C., J. Western, and V. A. Braithwaite. 2007. The influence of early experience and inheritance of cerebral lateralization. Animal Behaviour 74: 231-238.

matches: V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V. V.