#otherwise that will be the approximate level-specific material posted here
Explore tagged Tumblr posts
polysprachig · 10 months ago
Text
A note on posting in Irish (Gaeilge):
I was brainstorming what types of posts could be helpful to Irish learners in langblr and came up with the following:
posts where you can listen to a reading with an explanation of some of the trickier grammar points
vocabulary posts which include examples of all 4 noun forms (nom + gen, sg + pl) so there's context
notes on sentence structure/word form where the examples actually use the structure/word you're trying to learn (if you know, you know)
links to videos which include Irish and/or Irish & English subtitles
mini-lessons on grammar with notes on the source references
tags including canúint or CEFR-level, if relevant (especially for grammar or vocab)
Anything I'm missing here? Please share your ideas Gaeilgeoirí agus foghlaimeoirí in langblr!
29 notes · View notes
thelawfulchaotic · 3 months ago
Text
This is a summary of how court cases go. Partly inspired from posts about recent events that show me just how much the general public doesn't know about what happens after arrest and before prison (or acquittal).
Warning: Much of this is specific to my state. Not even just my country: my state! I've tried here and there to mention other ways things are done, but I have almost ten years of experience in this one and approximately zero in any other.
Part 1: How Cases Begin/"Investigation"
One question seems to come up a lot in true crime cases. That question is: why are the police so bad at this? Why didn't they canvass the scene? Why didn't they get witnesses? Why didn't they (insert incredibly basic investigative step here)?
Sorry to bust your bubble, but police rarely do any actual investigating. Cases most commonly begin in the following ways.
1: Case directly reported to police. There are several different types of this. The most common two are via 911 call and via citizen report (i.e., coming into the police station to report a crime). However, in recent years, we've seen the rise of automated reporting of certain crimes via social media companies, most famously with regards to child sex abuse material. The police will simply get a report that x IP address accessed/shared/downloaded Y image at Z time.
2: Traffic stop. The police saw a car committing a minor traffic violation (ran a red light, headlights out, failed to come to a complete stop at a stop sign, changed lanes without signalling, etc.) and they stopped it. They found a pretext or got "permission" to search the car from the driver (who likely did not really know they could refuse). Or they got a drug dog to run around the car. (Drug dogs are not nearly as accurate as people think they are; overwhelmingly drug dogs respond to the signals of their handler and not the presence of drugs. I can cite studies if requested.)
3: Narcotics investigation. This is a distant third, but worth mentioning because it's probably the most proactive that most police departments get on a regular basis. They will have undercover officers or informants do controlled buys of narcotics on video, meticulously documented before and after. They take a level of care with this type of investigation otherwise only really reserved for the most violent felonies.
This all isn't to say that cases can't come up any other way. Sometimes police departments really do just do long-term investigations of things. Mostly, I find, they spend so much time picking the low-hanging fruit (guy who had drugs on traffic stop, yelling drunk homeless person) that the more complex and complicated cases just get dropped.
What happens next?
Next, the police are supposed to investigate. Gather evidence? Talk to people?
This is going to be disappointing to many people as well, but police tend to do the absolute minimum necessary investigation to establish the case and get a conviction, then pass it over to the prosecution. This is even if there are leads and suspects they haven't cleared. They'll just leave that kind of thing out of the final report, unless the defense comes specifically nosing around.
Let me give a few specific examples.
Example 1: 911 call for assault and battery. Officers arrive to find that two brothers absolutely beat the ever-loving shit out of each other at grandma's funeral. Brother 2 has left. Brother 1 remains. The police talk to Brother 1, who has a broken nose. Brother 1 fully blames the aggression on Brother 2, claiming that Brother 2 attacked him unprovoked and broke his nose. Brother 2's wife backs him up. The police, having gotten two witnesses saying one version of events, bring a malicious wounding charge without ever having spoken to Brother 1. A different officer serves Brother 1's arrest warrant and does not interrogate him in any way.
This is not unusual. Once the officers have found enough to arrest one person, often the last thing they want to do is generate more work for themselves by then finding a reason the case isn't so simple and easy. That would mean they then have to talk to many more people, examine evidence, and make a decision as to who the "primary aggressor" was, which will require a judgment call. Meanwhile, their extra investigation has just made it easier for the defense to win at a trial later on, because now the defense has loads of helpful info. They helped the “bad guys” by doing their job better. Can y’all see why an officer wouldn’t even bother? Would just go on to the next easy case instead of staying late and tracking down another witness?
In my past assault and battery cases, it has been just about as common for officers to have spoken to both parties as it was for officers to have only spoken to one party.
Example 2: Reported Property Damage. Girlfriend walks into a police station and says "my boyfriend broke my phone." (In my jurisdiction, a person can just walk straight in front of a judge, swear that what they said was true, and the judge will issue an arrest warrant. This is not true in all jurisdictions and is in fact completely fucking buck wild.) Police ask her a couple questions, look at the phone, bring a warrant, it's done. Maybe they call the boyfriend and ask him what happened. This is most likely the extent of the investigation.
You notice both of these are incredibly low-effort cases that result in easy arrests and immediate prosecutions. Wow, could that help an officer’s statistics? Could it actually hurt his stats if he takes longer and does a better job?
Okay, what happens now? The police have a suspect, they (in theory) know what happened.
Next, police seek an arrest warrant.
This involves going before a judge and swearing that there's probable cause to believe that their suspect committed their crime as alleged.
1: The Affidavit. There are very few rules for what they can and can't say in these affidavits to get their search warrants. Police officers can attest/swear to things that other police officers saw, because of "imputed knowledge." They can quote witnesses. They can decline to identify informants, as long as they say that their informant has a history of being reliable. (They do not have to provide any evidence of that history.)
They don't have to include all the facts. They don't have to include facts that contradict their version of events. They're not supposed to lie, but sometimes these affidavits are not provided to defense counsel and are sealed, so the defense can't even find out later what they said. And they can shop around for judges who are the most friendly. If one judge says "no," they can try another.
On top of that, all they have to show is "probable cause." Nobody is willing to put a percentage likelihood on "probable cause," but places tend to agree to things like: if there are four guys in a car and you find drugs where all four could reach it, you have probable cause for all four. It's not that you probably did it. It's more than a suspicion that you did it. In my experience, "probable cause" means that there's literally any reason to believe that this person might have actually done this thing.
2: No-Knock Warrants. The media has made a big deal these days of no-knock warrants and nighttime "warrant service." These are when the police bust into someone's house without announcing themselves, at night, in order to take everyone by surprise. This is horrendously dangerous! And yet, police seem to crave it. They get really, really mad when anyone tries to take it away.
My jurisdiction banned arrest warrants after dark, but didn't do the same for search warrants. Guess when all search warrants seem to get served? Goddamn midnight, that's when.
Furthermore, police seem to be able to request exceptions to the no-knock, daytime only rules. Recently, I saw a case where that exception was granted for the following reason: "drugs can be consumed or sold with great speed so might not be there in the morning." Okay, cool, if that's a good enough reason to dispense with the knock-in-the-daytime requirement for one case, that means that literally every other drug case qualifies for dispensing with that requirement too.
3: When to serve the warrant? After business hours on a Friday, obviously. That means that the person they arrest will be in holding over the whole weekend before getting to see a judge on Monday. That's like forty-eight extra hours of jail time, in which they won't have a lawyer, for police to visit them and try and pressure them into confessing, or just intimidate them into feeling like shit.
4: What happens when warrant is served? The suspect is arrested in whatever they were wearing, sometimes allowed to grab phone and wallet but sometimes not for reasons I can't even attempt to explain, they are driven to the jail, and they are processed in. They then wait until they can see a judicial officer to hear about the question of bond. But that's the subject of the next post!
See tomorrow for information on bail, bond, pretrial supervision, counsel at first appearance, and why it all matters. Edit: Bail and pretrial post here.
31 notes · View notes
shihalyfie · 4 years ago
Text
Kizuna itself vs. the two versions of the novel
Written on request from a friend who wanted to remain anonymous. This is more of an editorial than a meta, and while I usually have a policy of “this is an analysis blog, not a review blog” it goes into more of my personal impressions and opinions than usual, but it’s something I write hoping to be helpful.
There are basically three “official” full versions of Kizuna: one being, of course, the movie itself, one being the Dash X Bunko version of the novel, and one being the Shueisha Mirai Bunko version of it. While it’s certainly not to say that any of the three is an “incomplete” version of the narrative, if you really want as full of a picture of the story as possible, somehow, each of all three versions of the story happens to have really important information that the other two do not. If I had to pick only one of these three versions to recommend to people, I would of course pick the movie itself; it’s obviously the base story everything else is based off of and was the one the production centered around as a priority, but the novelizations have a surprising amount of info that provide a lot of insight into the movie’s story and themes.
I get the impression that the creation of Kizuna involved making a lot more story and background details than could fit in a 95-minute movie, so these novelizations, which were based directly off the original movie script, ended up being an outlet for a lot of these details (and as much as I could be harsh on the movie itself for being a bit “reliant” on extra material, I have to admit that Adventure and 02 were both like this too -- a lot of our current understanding of the series comes from the Adventure novels and drama CDs -- so frankly I’m thankful we at least got this with a 95-minute movie instead of a yearlong series). On the flip side, while I'm not going to say that the novels are completely and utterly inaccurate representations of the movie, in a perhaps too-close approximation of Adventure and 02's writing style, this is a movie where even the nuances in a single line or split-second moment carry heavy implications, which become much blurrier or harder to identify when they’re presented differently (or not even presented at all) in the novel’s context, especially when they emphasize very different things from what the movie itself was emphasizing.
The short version of this is that I believe the Dash X version contains the greater amount of “plot and story” information but significantly misses out on the emotional themes and presentation, whereas the Shueisha Mirai version abridges and cuts chunks of content but is much better at conveying the intended message. More on this below the cut. (Note that the following post spoils Kizuna’s plot events.)
The movie itself
Since the following parts are more “in comparison to the movie”, I’m not going to go too much into this in this section, but one thing I will say is that the official English subtitle translation for the movie is really not great. Even if you take out nitpickiness about the fact it misses several significant nuances (the difference between “unchangeable fate” and “changeable destiny”, or the fact that Gennai refers to partnership dissolution as a “case” and not like it’s something that happens overall) at really plot-important moments, some lines (thankfully, usually not plot-important ones) are just straight-up incorrect. And worse, there’s evidence the official English dub was based on that translation! (I’m not faulting the people in charge of the dub for this, but whoever handed them that translation to work with.)
The dialogue in the Dash X Bunko version is transcribed effectively word-for-word from the dialogue in the movie (or perhaps vice versa, given that the novel is based on the original script), so I highly recommend checking that version as a reference for dialogue or if you want to do any intimate analysis on it. I don't want to go as far as to suggest not supporting the official version of the movie because of this, but at least please be aware that the translation used there is not entirely reliable.
Dash X Bunko
If you talk about “the Kizuna novel”, this is the one that people usually tend to be referring to, for two reasons. Firstly, it was translated shortly after the movie’s release, and due to the unfortunate circumstances of Kizuna being delayed in accessibility outside Japan for several months, this basically served as the only comprehensive source of info about the movie outside Japan for a very long time. Secondly, in Japan, this one was marketed as “the one for adults” in contrast to the Shueisha Mirai one being “for kids”, which meant that a lot of people assumed that the latter one was just an incredibly stripped down version that was otherwise disposable or replaceable. (This is very, very much not the case, and is extremely ironic when it comes to a movie that partially centers around the dangers of looking down too much on things associated with childhood.)
When it comes to “plot and story info”, this is the one that probably serves as the best reference (especially for fanfic writers or those who need a refresher on certain plot events or to look up something quickly), and probably has the most “comprehensive” listing of plot events surrounding the movie. The dialogue in it is a word-for-word recreation of the movie’s script, and actually includes more scenes than the movie itself does, including two that I suspect to be deleted scenes (a detailing of the specifics behind the initial plan to pursue Eosmon, and a conversation between Koushirou and Tentomon) and adaptations of the first and second memorial shorts within their context in the movie. It also contains some interesting background details and extra context for some things in the movie that you might think would normally be animation flair or something, but take a very interesting implication of story importance if they’re going out of their way to write this in the script. (There’s a scene where Agumon and Gabumon appear in front of their partners when they’d been behind them a minute before, and it’s easy to think this might be an animation error, but not only does the surrounding context make this unlikely, the novel itself actually directly states that their positions had changed.) Given that, I think it was very fortunate that this novel was available to us for those outside Japan waiting for the actual movie to come out, because this level of detail was very important to have on hand rather than fragmented spoilers on social media.
However, the part where I think the novel is significantly deficient in compared to the actual movie (and also to the other version of the novel) is that it describes the plot events in too blunt of a manner and doesn’t bring out its themes very well. (It’s kind of like having a long and very detailed Wikipedia article plot summary; it definitely got all the hard facts down, but the emotion is gone, which is still a pretty significant issue when media’s all about the feelings and message in the end.) While “considering the movie to be more cynical than it’s probably meant to be” happens regardless of which version someone’s working from, I’ve talked to perhaps an unnervingly high number of people who started with the novel and were absolutely convinced that the movie’s message was about adulthood sucking and needing to just accept it, until they saw how the actual movie pulled it off and the surrounding atmosphere and realized it definitely was not. (I think one really big factor here is that a lot of the visual imagery makes it extremely, extremely hard to miss that Menoa’s mentality is completely screwed up and her way of seeing things was dubious to begin with; prose descriptions really just don’t capture the way they slam this in your face with visual and musical cues during the climax of the movie.)
You can figure this out from the novel itself, but you have to really be looking closely at the way they word things, and on top of that it’s hard to figure out which parts you should be focusing on and which parts aren’t actually that important -- in other words, the “choice of priorities” gets a bit lost in there. Even the little things lose a lot of value; it’s theoretically possible to use the novel to put together that Daisuke is wearing his sunglasses indoors during his first scene, but you have to put together the context clues from completely different paragraphs to figure this out, none of which compares to the actual hilarity of visually seeing him wearing the thing in a very obviously dimly lit restaurant because he’s our beloved idiot. (For more details, please see my post with more elaboration on this and more examples of this kind of thing.)
I wouldn’t say that the movie itself isn’t guilty of (perhaps accidentally) having some degree of mixed messaging, but I would say this problem is rather exacerbated by the novel’s way of presenting it due to its dedication to dropping every single plot detail and event without much in the way of choosing what to contextualize and what to put emphasis on (as it turns out, treating practically everything in the movie as if it has equal weight might not be a great idea). So, again, for that reason I think the novel serves as a good reference in terms of remembering what happened in it and knowing the movie’s contents, but I also feel that it’s really not the greatest deliverer of the movie’s message or themes at all.
Shueisha Mirai Bunko
The second version of the novel was not translated until several months after the movie first released, and shortly before the Blu-ray and streaming versions of the movie itself came out anyway, so my impression is that on this end a lot of people don’t even know it was a thing. On top of that, even those who know about it often dismiss it as the “kid version” -- and to be fair, it did baffle quite a few people as to why this version even exists (Kizuna is technically not unacceptable for kid viewing and its plot is still understandable regardless of age, but since the movie is so heavily about the millennial existential crisis, it’s not something kids would really relate to). So a lot of people tended to just skip over it...which is really a shame, because it contains some interesting things that actually aren’t in the other two versions at all. For instance, did you know that, as of this writing, this is the only thing that plainly states the specific explanation for why Yamato decided to become an astronaut, for the first time in 20 real-life years?
While there are still some things that weren’t in the movie proper (mainly the Eosmon initial plan and the adaptation of the second memorial short), for the most part, the actual events are somewhat abridged compared to the movie and the Dash X version, and other than a few stray lines, there’s not a lot of extra information that would be as helpful for referencing the events of the plot. The version of the novel here is rather broadly interpretive of the scenes in the movie, so several things are condensed or taken out (and, amusingly, because it’s assuming that the kids reading this don’t actually know the original Adventure or 02, it has to describe what each character is like in a quick one-liner).
However, interestingly enough, it’s because it’s so heavily interpretive that it illuminates a lot of things that weren’t really easy to glean out of the Dash X version. For instance:
Some scenes are described with “other perspectives” that give you info on someone else’s point of view. (For instance, we see more of Yamato’s perspective and thoughts when he has his first phone call with Daisuke, or a bit more detail in the process of how Eosmon kidnappings work.)
We get a lot more information on what’s going through everyone’s heads during each scene, and what emotions they’re feeling at a given time. (This is something that you could at least get to some degree in the movie itself from facial expressions and framing, but would often be a lot blurrier in the Dash X version; here, it’s spelled out in words.)
When things are abridged, you get a clearer idea of what the intended point and theme of the scene was because it’s stripped down to include only that part. In one really interesting case, the scene with Agumon finding Taichi’s AVs has a “censored” equivalent where Taichi’s pushed to a corner because he can’t find anything non-alcoholic in his fridge -- so when you look at the two versions of the scene and what they have in common, you can figure out that the point isn’t that it was a lewd joke for the sake of it, but rather that Taichi’s forcing himself into boxes of “adulthood” that are actually meaningless and impractical.
Some of the descriptions of the characters, scenes, and background information make it a lot more obvious as to their purpose in the narrative (it outright confirms that Miyako being in Spain means that her personality is getting overly enabled there).
The scene where the circumstances behind Morphomon’s disappearance are revealed makes it significantly less subtle what the point is. In the actual movie, a lot of this involved visual framing with Menoa seeming to become more and more distant, but in this version of the novel they basically whack you over the head with the final confirmation that Menoa is guilty of neglecting her own partner, which contradicts her own assertions that “they were always together” (maybe not emotionally, it seems!) and helps clarify the commonality between her, Taichi, Yamato, and Sora in what exactly led to their partners disappearing.
Bonus: this version of the novel really wants you to know that the ending of the movie is about Taichi and Yamato fully having the determination to turn things around and lead up to the 02 epilogue. (The movie’s version of this involves the extended version of Taichi’s thesis and the credits photo with Yamato obviously next to a rocket, while this novel’s version involves more detailed fleshing out of how Taichi and Yamato decided to use their experiences to move onto their eventual career paths and what kind of hope they still have at the end. The Dash X version...didn’t really have a very strong equivalent here.)
In other words, while this version of the novel isn’t the greatest reference for plot or worldbuilding, it does a much more effective job being straightforward about the intended themes and message of the movie, and even if the scenes in it are much more loosely adapted, it’s much better at adapting the emotional nuances of the things that would normally be conveyed via visuals, expressions, and voice acting. (Although I would still say that the movie itself is the best reference for that kind of thing, of course.) If you just want lore or plot ideas, I don’t think it’ll help you very much, but since this series is so much about characters that had their ways of thinking fleshed out in such incredible detail, and about strong theme messaging, this is all still very valuable information in its own way.
60 notes · View notes
mitzo · 3 years ago
Note
Storytime
Tumblr: A History Of Bullshit (episode 4 - the paywalling incident)
Yes. We the people of the united blogs of hellhole ran tumblr's staff off their own blog post. To the point the backlash was so severe they deleted the post to try and save face as if they don't know how this site works.
When post+ was announced, they botched the announcement so badly that the actual beta testers were assumed by some to have hacked or otherwise mess with the workings of tumblr to institute a paywall on some of their posts.
This caused some bad actors to start slinging death threats at the beta testers. Only then did staff step up and way "bruh we're testing a new feature, chill" because of course staff couldn't do anything properly.
Unfortunately, after THAT announcement, some things happened immediately:
the absolute boiling hatred then started rotating toward the staff,
meanwhile one of the artists who had been beta testing came forward with receipts for their accusations that tumblr had not only lied to them about the announcement to the public, but threw them under the bus so hard that they were now threatening to get a lawyer and lay tumblr's shit to waste if the staff did not finally come out and take responsibility for their actions, this being literally the only reason tumblr made the announcement so soon,
which then caused everyone who was rather indifferent to the idea of instituting this experiment (myself included) to turn on the staff completely and essentially bully them about how shit they treated that person on their own post,
which then promoted them to turn off the comments on that one post (this did not save them, as it then went totally viral with multiple threads of multiple people ripping into them), and make a new post to "address everyone's behavior", which contained multiple barely veiled threats.
This launched even more neutral parties into the anger vortex because it wasn't like they were saying "don't send other users death threats or we'll nuke your account and not let you back on", but they were actually making threats that read like "stop calling us out for shitty behavior or we'll doxx you". Which ofc that didn't sit well, idk what kinda crack they were smoking but it was the wrong kind.
So people started looking into this project more carefully, hoping to spot some loophole or something they could exploit to essentially kneecap the staff's damn attitude. Meanwhile staff's working overtime at their approximation of "damage control", which is basically read as "making shit worse via being total shitasses".
It would've been funny if it wasn't so disgusting on the staff's part.
So, while they're busy trying to patronize their adult userbase and anyone who isn't under 13 into liking them again despite having threatened them in such an unforgivable manner, the rest of us are reading TOS and partner documents to find out why they want this shit so bad that they're willing to pick a fight with the toxic fuckers that live here.
The largest thing we find is that tumblr's unsecure ass isn't going to be handling the transactions, but an even more unknown group called Strype or whatever, that has some really interesting terms of use (seriously how many people on tumblr do you think will use your services if you expressly ban hoes who wanna make money doin they thang from doing they hoeing thang for money through your service? We're pretty hoe positive here, that's just dumb) and the typical "we won't help you if you get into legal trouble", which... Buckle up.
Everyone's scrutinizing these TOS/TOU documents, looking for the smallest problem in it, and then tumblr staff does the most [tumblr]-officiated shit a human could ever think of. We're talking dashcon levels of bad. Tumblr's illustriously stupid staff comes out and starts encouraging people to use their new paywall feature (post+) specifically on copyrighted material. And the way they do this isn't even direct, but in an equally illegal way — they use copyrighted material in their ads for this service that they intend to profit from (40-45% of the assigned paywall price, which people also take an issue with for reasons tumblr can't fathom), while telling people "if you do what we're doing, we swear, we will not help you even though we're literally encouraging this". Which sparks even more anger.
By this time, staff has made up its mind that they're not gonna treat the users seriously, and that they're pretty much just gonna do what they want, right? Well this attitude backfires on them severely.
The copyrighted content in question this first time was Guinan from Star Trek Next Generation (Whoopie's character) in a gifset in their ad. So the userbase is like "aight bet, who owns Star Trek and what is their fucking phone number?", which weirdly enough catches the staff's attention because a lot of people are starting to say this, solely because tumblr's encouraging this bad behavior.
So tumblr starts taking notice, right, and they start trying to encourage more people to get on board this titanic of an idea.
There's even a poll they launch at some point, which is intended to gather data on how they could make this project work; the only problem is all the results say "don't do it, do something else". Anyone who says otherwise is immensely bullied as being a bootlicker (which while I do think it's kinda funny because the corporate encouragement to break the law and get in trouble with more giant faceless entities had already been widely known at this point, I did not participate in, I just advised and educated).
This encouragement and attempted misdirection and misinformation of the unknowing sparks multiple discussions with multiple groups. Multiple walkout protests happen and everyone's talking about how funny it would be if someone rolled up to automattic and went "heard you're tryin'a profit off our shit 👀" for using their content in an ad for a service tumblr would profit nearly 50% from without the copyright holder's permission.
And then they decide to make another ad, and this time, they use a list of videogames with screenshots and everything from these actually existing games, and one of them is Persona 5, which has apparently had several NASTY copyright suits between its owners and twitch streamers already. So ofc the whole userbase is like "CALL THE OWNERS OF PERSONA 5 MAYBE THEN STAFF WILL GET IT" because we'd been begging them to institute literally anything else due to the unsafe and potentially illegal nature of the postplus system, which tumblr did not seem to give a shit about and continued to encourage despite trying to take the moral high ground.
Now staff's starting to notice the swarm of pissed off wasps it calls a userbase, but the only thing they seem interest in is causing more problems via more patronizingly irksome "updates" on how "well" post+ is going. At this point, they're not just getting bullied by the entire userbase, they're getting fucking death threats from some users, which is... Wild... And they continue about their merry way, albeit very obviously losing steam.
Eventually, shortly after the second walkout protest, they institute post+ very quietly, and there's a flood of users vowing to unfollow literally anybody with the audacity to use post+ instead of something normal like Patreon. There's also a group of artists extantly pissed at tumblr because tumblr wants to take half their otherwise profits from said paywall, and realistically who the fuck would do that when they could get 100% of their profits by just directly selling their shit?
So, yeah, after that borderline userbase revolt where some people allegedly started threatening to hack staff accounts and out them, tumblr's listening to us a lot more lately.
You are not obligated to answer this because it's so long.
Also if you're curious about the shadowban comment, Flavia is still shadowbanned.
I actually was only asking about the shadowban but thanks!
11 notes · View notes
wearesorcerer · 4 years ago
Text
Creativity versus Cheating
You may think I’m beating a dead horse about this, but given the number of really stupid takes on this website, I think it needs to be said. With examples! And stories! And ~*fun*~!
A Definition of Cheating
In the end, my erstwhile conversant antagonist mentioned “cheating”. This is a childish way of asserting your disdain for the conversation, but Venomancer has never been a good interlocutor. (This is me being petty and spiteful, but I do have a point here.) “Cheating” gets thrown around a lot as a complaint for why something shouldn’t be allowed. However, to cheat, you have to do three specific things:
Break a rule. Your action has to violate a rule entirely; it can’t simply bend the rule.
Acquire an unfair advantage. Because it required breaking a rule, no one else can benefit from the action you have taken. However, the action still works within the system of other rules to give you some benefit.
Break trust. If you break a rule without intending to do so, it’s a mistake. If you get an unfair advantage but didn’t mean to, it’s a mistake. Cheating has to violate the trust in a system of rules, which demands there be intent behind it.
I point this out because, as I mentioned before, spellcasting in D&D has a very, very long history of people complaining that it is too powerful. Spellcasting. Magic. Seemingly breaking the laws of physics. Magic may or may not itself be cheating (if real, depending on whether or not it actually violates the rules of existence), but its very existence in a codified rule set frequently causes problems, particularly with people who don’t want to play magic-users. The bones of these arguments litter spell descriptions across the editions: feather fall can’t slow down a weapon (so probably not a guillotine blade), magic missile can’t target objects, and other odd bits of wording that make you scratch your head all trace back to some questionable use of a spell.
And yet, it’s not just spells that result in this. Take this conversation from 2006 (D&D 3.5) between a player whose character was a “bareknuckle boxer” Fighter (no idea why he couldn’t have played a Monk) and a DM who was a bit paranoid about getting the run-around from players:
Player: “Can I use Sunder attempts to break opponents’ bones?”
DM: “Hmm... I don’t see why not. However, if you do that, that leaves it open for me to do the same.”
Player: “Y’know, I don’t like that possibility. I’ll just not.”
This is a creative use of established rules to get an advantage. However, it’s not cheating by a long shot: the player is avoiding breaking any rules, the DM approves of the mechanic, and the advantage isn’t unfair because literally anyone can make a sunder attempt (and plenty of monsters can do it better than this bareknuckle boxer could).
You may note that this is the exact same issue as was brought up with the create water in lungs example: the advantage isn’t unfair because others can use the same tactic (this is in fact the poster’s complaint) and the DM had to approve it, meaning either it didn’t violate rules as written (see next) or the DM employed Rule 0 (”the rules are guidelines; tweak or discard them as you wish”). What is “unfair” is that magic users can do this but others cannot; but that’s the same as any class-based issue and is the complaint that’s been leveled at magic users the entire time. But let’s stick with the unfairness at hand: it’s not unfair to other magic users and the DM allowed it, ergo it’s not cheating.
Mistaken Readings: Breaking the Rules but Not Getting a Significant Advantage
Now, here’s the catch. The create water example would vary between editions. I can tell you that in third edition it was against the rules for create water or other conjurations to create objects inside of a creature, while in 5e it requires an open container (lungs themselves are not and the passages into lungs have several ways of being closed specifically to keep water out). All you have to say is “that’s not how the spell works in the rules” and you’re good. But that wasn’t the point of the post, so I’m going to drag it some more.
A great example of such a misreading is a story the bareknuckle boxer player told me of a druid he’d played in high school.. It was the habit of his previous DM to incarcerate his PCs and strip them of all their gear to see how they’d escape from said predicament. My friend’s druid specialized in wood shaping and took Eschew Materials (feat: ignore material or focus components of negligible cost), so he cast goodberry to create some plant matter, then entangle to grow it and wood shape to retrieve the guard’s keys and unlock his cell. Had he a window or were the cell close enough to the outside, he probably wouldn’t have needed the goodberry spell in the first place. As we pointed out to him, though, goodberry didn’t work that way at the time: it wasn’t a Conjuration effect that required berries as material components, but a Transmutation effect that targeted them (making them into healing potions that also filled you), so there were no materials for him to Eschew. This was a key (but subtle) design mechanic to limit the power of a druid, who had no ability to conjure non-creature plants.
Here’s the fun thing, however: 5e’s version of goodberry works exactly the way the player thought it did in 3.5 (save that it’s still an effect of the Transmutation school instead of Conjuration). Any druid worth their salt who likes using plant shaping spells should prepare goodberry if for no other reason than to ensure that they have access to plants. (Sadly, there’s no Eschew Materials equivalent that I know of, but you could find a Divine Focus and hope for the best. Or maybe there is an equivalent that I just don’t know about.)
But here we get into another flaw in the argument: even if it’s not how the rule is supposed to work, it doesn’t exactly grant an unfair advantage. Yes, a druid needs plants to cast a lot of their spells, but not all, and a druid with wood shape (a 2nd-level spell at the time) would be a minimum of 3rd level (I know they were higher because another player was a wild shaper, but let’s just go with that). A 3rd-level druid had a base of 1 2nd-level spell (wood shape) and two 1st-level spells (entangle and goodberry), meaning that if this character had been 3rd-level, he’d have used up all three of his non-bonus spell slots just to break out of a jail cell. (Reminder: cantrips were not at-will in 3.5.) Now, given that I know they could wild shape, I must note that the minimum level for that (5th) would have given him base spell slots of 3/2/1 (not counting cantrips), so he’d still have used half of his spells just to get out of a jail cell.
At that level, though, he could have just shapeshifted into a baboon (Str 15), black bear (Str 19), or a snake (Medium constrictor or Small viper) and gotten out (breaking the door down or slithering through a gap), using a single use of a mechanic to escape and prepare himself for combat. But he didn’t. And his story is better because he didn’t.
And this is where the create water and lungs thing comes back. In the end, if it had been allowed, it would have been a save vs. death. But casters already have plenty of ways of killing creatures at first level -- and often more than one creature at a time, whereas this would have likely only worked on one. Sleep is a great example of an early save or die spell: if the creatures fail their saves, they are now helpless and open for coup de grace-ing (decapitation, stabbination, whatever). Color spray in 3.5 is far and away better than in 5e in this regard because it also makes creatures go comatose, though it doesn’t scale well. (Neither does sleep, for that matter.) Burning hands is an AoE damaging effect. I can go on.
The point is, even misinterpretations of spells tend to run afoul of how cost effective their use is.
In the end, Clerics don’t wander around filling people’s lungs with water because that’s wasteful. You worry about enemy characters trying to kill you in a game about killing things?
Where Rules Mongering Kills Fun
The biggest reason I hate these complaints is not that they make it more difficult to kill things in a game that’s always been about killing things, but in that they try to stamp out any out-of-the-box use for spells. And I mean any.
At the tail end of the Summer of 2005, when I was starting undergrad, another friend of mine recounted tales of a gnomish caster he had played. Two spells featured: dancing lights and Tenser’s floating disk. He had been trying to intimidate some NPC, so rode in on his floating disk and proceeded to use dancing lights to create the image of a humanoid getting disemboweled. Clearly, dancing lights cannot do that: it can create up to four lights or the outline of a single, vaguely humanoid, glowing form. However, if we’re stuck on the dancing lights part, we’ve missed the point: as a gnome caster, he could have done the same thing with silent image anyway (if he had it; I don’t recall what class he was or why he chose dancing lights). No, the issue is with Tenser’s floating disk. Per the spell description:
You create a slightly concave, circular plane of force that follows you about and carries loads for you. The disk is 3 feet in diameter and 1 inch deep at its center. It can hold 100 pounds of weight per caster level. (If used to transport a liquid, its capacity is 2 gallons.) The disk floats approximately 3 feet above the ground at all times and remains level. It floats along horizontally within spell range and will accompany you at a rate of no more than your normal speed each round. If not otherwise directed, it maintains a constant interval of 5 feet between itself and you. The disk winks out of existence when the spell duration expires. The disk also winks out if you move beyond range or try to take the disk more than 3 feet away from the surface beneath it. When the disk winks out, whatever it was supporting falls to the surface beneath it.
It has a range of Close (25 ft. + 5 ft./2 levels), meaning you can direct it to hover anywhere from 0 to 25-75 ft. (1-20th caster levels) from you. If you weigh less than 100 pounds (gear included), at first level you could sit atop it and move at your normal speed. This would accomplish two things: let you ignore terrain problems that require you standing in a square (pressure plates, difficult terrain, etc.) and look really cool but in a fairly typical way for a mage. Since you’re a caster, you’re going to be in the back in marching order, meaning that you’re probably not going to be the one to activate a trap, and your spells have decent range, meaning you don’t have to worry too much about difficult terrain. (This wouldn’t protect you from lava, for the record: remember your convection!) At most, it would let you cross a body of water -- unless the DM said that the surface of the water didn’t count as the surface beneath the disk, which is fair. So minor is this ability that the Elocater prestige class (Expanded Psionics Handbook) gets an equivalent merged with a better version of the levitate spell as a constant effect at first level in addition to a feat and an improvement to previous casting (well, manifesting) ability.
And you might think that all of that’s so minor that surely no one would have complained about it, yet there’s evidence to the contrary. Pathfinder came up with the Magic Trick feat to allow you to do exactly this, but only if you’re third level, pay the feat tax, and put skill points into Fly. Y’know, for the thing that the rules as written would let a light character do at first level and most characters do at second by just casting the spell. Fifth edition won’t let you do it at all: the disk disappears if it comes closer than 20 feet to you (20 ft. is an awfully long distance between you and what amounts to a pack mule you’re leading).
Now, it’s not always that way. 5e’s mage hand is now de jure able to manipulate objects, whereas it wasn’t clear in 3.5, but that’s probably because open/close got folded into it. But for every positive like that, you get two negatives from vociferous people who can’t stand it when other people don’t use spells in specific, pre-defined ways.
In the End...
At the end of the day, having a fun story to tell about how you did something unusual that occurred to you on the spur of the moment and which somehow worked is far and away more important than playing this game like it were a video game, with each spell doing only one thing. And that’s not just coming from me or the people I’ve played with; that’s coming from decades of player stories, fan works, pop culture references, and even D&D novels.
The OP in that old post said that if you can’t abide by their overly narrow, strict interpretation of the rules that maybe you shouldn’t be playing 5e. Ordinarily, I wouldn’t want to sink to their level, but I think I will: if you can’t stand people being creative, you ABSOLUTELY should not be playing a role-playing game of any kind. You should stick to video games and board games. Or Fourth Edition.
12 notes · View notes
estimatorblog-blog · 6 years ago
Text
What Is The Role Of An Estimator?
The term ‘estimate’ is a very broad one that refers to any activity that attempts to quantify something. In the construction industry, it is typically used in relation to the approximate costs associated with a construction project, used, for example to assess the viability or affordability of the project or aspects of it. An estimator, also known as a cost planner or cost engineer, is responsible for calculating how much it will cost a supplier to provide a client with products or building work. The estimate typically becomes involved during the tender process when a supplier is submitting a bid to try and win a contract. They are concerned with pricing the contract competitively but need to ensure that, if they are successful, the work/products can be provided whilst still making a reasonable profit for the supplier.
An estimator compiles estimates by assessing the materials, labour and equipment that will be required and analysing quotes that are obtained from different sub-contractors and suppliers. Estimators can produce an estimate based on bills of quantities, schedules, drawings, specifications and other tender documents provided by the client.
Tumblr media
Some of the duties and responsibilities of an estimator include:
Identifying and assessing what the client requires.
Researching the costs of materials, equipment and labour.
Calculating overheads and desired profit.
Collecting quotes from sub-contractors and suppliers and identifying the best one.
Assessing risks on a project and allowing for these in the estimate.
Using software to analyse company data, inflation, exchange rates and prices.
Taking into account the projected timescales and unforeseen events that may occur.
Preparing and submitting quotations for work.
Monitoring costs on projects as they proceed.
It is important for estimators to be good forward-planners, capable of using a range of information and a degree of judgement to formulate cost assessments. Estimators often work closely with construction managers, planners, commercial and design teams.
Read more at - Designing buildings.
So how does an estimator fit into the bigger picture?
If you’re wondering about the importance of estimating the associated costs of a building project, let’s put it in another perspective. It’s an estimator’s job to ensure a construction project is profitable, whilst negotiating the best price to win a certain contract in competitive bidding situations.
This balancing of profit and lost, expenses and value, will ultimately determine the overall success of a project and keep everybody involved happy, whether builders, owners, stakeholders or otherwise.
Tumblr media
It’s important to note, for any prospective estimators out there, that securing the business of a 
client does not always mean coming up with the lowest price. Much like with any service, if the quote is outrageously low, then the customer is going to become suspicious of the work quality and most likely opt for a slightly costlier competitor. Building and construction is the same. Quality is a huge deciding factor, which means that the lowest quote is not always the best option...visit - buildersacademy.com.au, to know more.
“Look for a company willing to invest in your training and development, which will give you the opportunity to work closely with more experienced colleagues.”
Salary
Professionals in the field made on average from £47,800 to £52,200 in 2008, and from £48,200 to £52,700 in 2009, according to figures from jobs posted on CareerStructure.com.
Hours and environment
Most estimators spend most of their time in the office, but the job isn’t always 9 to 5. The pressure and fixed nature of deadlines for tender submissions means that some very late nights may sometimes be needed. Overnight stays are rare, but you may well need to travel to meet clients on site. Protective clothing is normally compulsory for such visits.
You will probably be based within a team environment, but also have to use your own initiative.
There is huge satisfaction and a celebratory atmosphere when a bid is successful, but, inevitably, a lot of disappointment when a competitor wins.
Tumblr media
Skills and interests
Estimating has the potential to be an exciting and well-paid career, and it involves a range of skills and interests.
Estimators combine site experience with quantity surveying skills, commercial acumen and a mind capable of financial analysis. Maths and IT skills are important, as are a strong problem-solving ability and keen attention to detail. You’ll also need to be able to communicate well, verbally and in writing, and be able to manage projects.
Organisational and presentational skills are crucial, and estimators also have to be able to meet tight deadlines. Estimators also need an appreciation of data confidentiality, and to be aware of things like price trends, regulations and exchange rates.
Industry
The construction industry was one of those worst affected by the recession. But some predictions suggest employment of cost estimators is expected to grow faster than other occupations through to 2014. Many companies are crying out for experienced estimators.
While there may be fewer jobs with the major construction companies, especially at entry level, maintenance companies are thriving. So as long as you’re willing to be flexible and work on different types of projects, there are jobs...to know more, visit - www.careerstructure.com.
Tumblr media
Supervisory Responsibility
This position has no supervisory responsibilities.
Work Environment
This job operates in a professional office environment. This role routinely uses standard office equipment such as computers, phones, photocopiers, filing cabinets and fax machines. The noise level in the work environment is usually quiet.
Physical Demands
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. 
While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; and talk or hear. The employee is frequently required to stand and walk. The employee must regularly lift and/or move objects up to 10 pounds and frequently lift and/or move objects up to 25 pounds...get to know more at - SHRM.
This is some good information on how to prepare an estimate if you are building a new home. https://www.aestimating.com.au/ are available to answer any questions you may have. We can help you put together an estimate for any type of construction project, big or small, residential or commercial.
1 note · View note
orcinus-ocean · 7 years ago
Photo
Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media Tumblr media
What we have lost
Apparently the least interesting of all the topics I bring up, is the topic of rewilding, because my rewilding posts typically only get 1-3 notes, when I present you with amazing videos or other material.
And I think that is an outrage, because in my opinion, this is the most important topic anyone could talk about. Of every topic in the world, in politics, social problems and topics of the natural world, if I had to choose one, rewilding would be my number #1 topic to talk about.
Yet almost nobody is talking about it, or has even heard about it.
So prepare to be bored some more, because I’m not done talking. Although my post about diminishing habitats of present-day animals, many of whom we think of as "African" (while they actually belong over most of Eurasia, and some even in North America) got pretty popular, I want to focus more specifically on the destroyed state of Europe today.
We can whine, yell and complain until our faces turn blue about the destruction of Africa, Southeast Asia, and the Amazon. And we wouldn't be wrong, as China-India-Indonesia and everything inbetween is the most heavily populated place on Earth currently, and Africa is going to become the next one.
Tumblr media
“Only” a little over a billion people in Africa today, but if current population trends continue for 82 years, until 2100 (they won't, because numbers always change and this number is impossible to reach without a massive change in how we make and distribute food, but for the sake of argument), the human population in Africa will reach 15.5 billion people by the turn of the century. That's more than twice the entire worldwide population today, crammed into in Africa alone.
African animals are already in a dire state, there is hardly any wildlife left in west Africa, or really anywhere outside of reserves. Not to mention the huge human rights and welfare problems on the continent, but this is how bad the population explosion is right now.
And then there is South America. The northern part, the Amazon, to be precise. We hear all the time how much of the Amazon has been destroyed, mainly in order to graze cattle that we eat in Europe and North America.
But when do we ever talk about environmental destruction in Europe? We don't, because we're used to it. In the other three continents I talk about, we are seeing things change drastically within a single human lifetime. And it's really important and great that people are talking so much about it.
But we are not talking at all about the destroyed state of Europe, simply because it's been this way for centuries and we think this is "normal". We think Europe is the only place on Earth that's "boring", not "wild". It never was, it was always just houses, farms and few wild animals tougher than a fox or bigger than a roe deer.
But it has not at all always been like this.
And this is where my main gripe with the current discussion comes in. Because most of us love to bash on people in these other continents. Poor, uneducated farmers (really, I can't understate the difference in their kind of life to yours or mine, or their education level and understanding of the natural world compared to yours or mine, because they were simply born with different opportunities), whose very livelihood depends on their hard, manual, thankless jobs, and they simply can't care about some elephants destroying their crops, or some tigers or lions killing and eating their livestock.
Tumblr media
As disturbing as this recent photo of a young elephant being set on fire was, and how evil this seems to me and you, it does no good for the elephants or the other animals there to meet the people as a whole with hate, or say things like "they are devils with no heart or feeling for their fellow creatures", or "may they burn like they burned this poor elephant".
These are not direct quotes, but approximations of what I see every time these human-animal conflicts come up.
These people's opportunities in life are so different from yours and mine, that they simply have never been able to see an elephant, a tiger, a lion, a rhinoceros, the way you and I see these animals.
It's easy for us to sit in our golden towers (and even if you live in a shitty studio apartment, it is a golden tower compared to their existence, and you'll never have to worry about your children starving to death) and talk about kind and majestic, intelligent and feeling animals.
They see a wild beast who's threatening their very lives. And none of that is going to change by hating on them and telling them they're worthless pieces of shit. It can only change by educating them about the animals, and minimizing the risk for human-animal conflict.
Why all this then, what does this have to do with Europe? Because we're such horrible hypocrites. We sit in our (comparatively) golden towers, in our (comparatively) comfortable existence, and judge these people, when our own home has been destroyed and practically empty of wildlife for centuries.
Tumblr media
This is the state of wilderness in Europe. And as a Swede, I'll let you know that most of our forest (the light green) is planted woods, not ancient, actual intact forest. And while people from continental Europe or Britain look dreamily at Sweden, Norway and Finland's vast wildernesses, we up here are terrible at taking care of our predators, as I have brought up many times, but lately have found it too heartbraking to keep up with.
We shoot bears and wolves "for protection" practically as soon as they're spotted. Young bear just left his mother, and is grabbing some apples? Shoot it. Mama bear just woke up from hibernation and tries to feed her three hungry cubs by killing a reindeer calf? Shoot her, and her cubs too.
And the reindeer industry is nowhere near the "cultural heritage" it is called. Back in the day, one man had maybe a hundred reindeer he herded with dogs, and on foot. Now they own ten thousand reindeer in a single herd, they herd them with helicopters and snowmobiles, and transport them to slaughter in massive trucks. Cultural heritage my ass. And if a genetically important wolf from Russia kills 5 out of these 10 000 reindeer over the course of several months, it has to be shot NOW, despite massive taxpayer money for every single predator-killed reindeer, and for the reindeer owners to simply have wolves on the land. Our peninsula is a disgusting outrage (Finland too, these three countries are all terrible at valuing their natural predators).
*End rant*
It is funny how this map considers Scotland "intact wilderness", since it is a completely ruined landscape filled with nothing but sheep, deer, and grass, as I have brought up multiple times before (the rewilding tag).
About the British Isles.
The wolf is believed to have become extinct in England as far back as the reign of Henry VII (~1500), and the last confirmed wolf in Scotland was killed in 1680.
The last wolf in Ireland was shot in 1786, the century when rich landlords all over western Europe were intentionally propagandizing people to fear wolves. You see, the landlords wanted wolves off their land, so they could have all the deer to themselves. But the poor farmers had much better things to do with their time than to chase after wolves, so they couldn't be bothered.
Thus the landlords conjured up this image of the blood-thirsty, man-eating wolf, the Devil's pet, the one who must be exterminated at all costs. And from there, we have a three hundred year history of wolf hate which has lasted in western culture to this day (and which European emigrants brought with them to America).
Tumblr media
Modern-day anti-wolf propaganda in the United States.
The United Kingdom today, Great Britain to be specific, is a truly mind-boggling country, so outrageous that I can barely put it into words. They actually pay people (with taxpayer money of course), to destroy their land so that nothing can grow on it. And in Scotland specifically, they call this destroyed landscape "come see wild Scotland, please give us your tourist money!" You can hear all about the outrageous state of this island here.
In other places, like in South America, Africa and Southeast Asia, we shout and yell and do everything to defend the rainforest against the ranchers. In Britain, we defend the ranchers against the rainforest and call it “conservation”.
Tumblr media
The map above shows the range of the grey wolf in Europe today. It has a strong population in eastern Europe, where it is, incidentally, not hated irrationally like in the west, and also in northern Spain where there are roughly 2000 wolves (to compare, Norway has about 50, Sweden 300, and Finland 100-300). It's not like eastern europeans are huge wolf-huggers or nature lovers, but they don't have the old cultural hatred of wolves that westerners have been instilled with.
Tumblr media
Brown bears have a strong population in northern Europe of several thousand, but are otherwise restricted to distant mountain ranges, like the Pyrenees and Alps.
Tumblr media
Eurasian lynxes have likewise been extirpated (been made regionally extinct) in almost all of Europe, except again for Scandinavia, the Baltic countries, and a few remote pockets in continental Europe. Despite the fact that this is a relatively small, very shy and completely harmless cat that hardly ever takes livestock due to their fear of humans, and prefers to live off of hares and small deer, there seems to be no room for them in modern Europe.
Not to mention the smaller, unique Iberian lynx species, which lived only in Spain and Portugal and is today all but extinct.
Those are just the largest predators. Then there is the Wisent, or as I prefer to call them in order to give people some emotion when they hear the name, the European Bison.
Tumblr media
This megafauna of Europe once stretched from northern Spain to southern Sweden and Finland, all the way to Lake Baikal and northern Mongolia.
In the middle ages, they were restricted to central-eastern Europe. Today there are only a few thousand left, most in captivity or reserves, though the map is not completely accurate, as today they have been reintroduced in small numbers in Poland, Germany, Latvia, Lithuania, Belarus, Ukraine, Romania, Russia and strangely enough, in Kyrgyzstan.
Meanwhile, we have invasive musk ox in Norway and Sweden that are protected, but nevermind that. Invasive species are protected, while our native megafauna is extirpated, and our "protected" predators are massacred.
Tumblr media
And the Aurochs, the wild form of our domestic cattle, once ranged across all of this. Then they were domesticated, the remaining wild animals were in the way of the domestic stock (as in Africa today), and the last Aurochs died in 1627.
Projects exist to try to breed it back from domestic cattle, but that's kind of like trying to breed a replica wolf from domestic dogs, or quaggas from zebras. The animal is still gone (but the replacement could fill the same ecological niche, unless you're a complete conservation purist, which I'm definitely not).
That's our top predators, and our most recent megafauna. I definitely don't think it's too much to ask to bring these back, in my lifetime even.
That is what rewilding is. Not just the dramatic introductions of large animals of course, there's also the lot less sexy topics of planting trees and reintroducing ecosystem engineers like beavers, but these large animals are the best advertisement for rewilding. A healthy ecosystem with them back as the kings and queens of their former domains is the goal.
There also used to be lions, cheetahs, hyenas, rhinos, hippos and straight-tusked elephants all the way to Great Britain, but that is probably too extreme even for rewilding projects in this century. That is why I added that picture of the lions by the way. Those are African lions in a zoo, but even they grow thick winter coats when put in a cold climate, and they once roamed all over Europe.
And this is why I can only shake my head when people hate on said poor, uneducated people in Africa and Asia (less sympathy from rich cattle ranchers in South America from me, it's not poor natives cutting down rainforests or killing Jaguars there, it's an entirely different situation).
Because if you are a sheep farmer or reindeer herder in Scandinavia, you can change your job. Easily (again, comparatively). You and your family will not have to go hungry one day in their lives. You are educated. You know about these animals. You know about how ecosystems work. You have resources. Yet, as a collective, we do this.
Conservation is about trying to preserve what's here today. Rewilding is about ecosystem restoration, to revive what we have already killed.
Destruction in Borneo.
Tumblr media
Destruction in in the Amazon.
Tumblr media
A destroyed, empty landscape being celebrated as "wild" and "natural", in Scotland.
Tumblr media
Destruction in Madagascar.
Tumblr media
Taxpayer funded "conservation" in England.
Tumblr media
Taking care of protected species and ensuring their genetic diversity, in Sweden.
That is why we should be much more outraged about Europe.
101 notes · View notes
charlieharry1 · 5 years ago
Text
The way to repurpose content like a pro (and make your appropriate ideas remaining two times as lengthy)
Creating pinnacle-notch content material that performs tremendously on line isn't as easy because it appears. It is each high priced and time-eating. So, each time you've got performing content  Digital Marketing Agencies Newcastle that your audience likes, you need to repurpose it. That is why maximum organizations are repurposing content. Repurposing content entails changing a chunk of content to serve a special cause. It is an first-rate method to get extra traction from content material that has achieved significantly with your audience. Whilst you repurpose content material, it is both you exchange the content material's format or its audience. There's constantly confusion as to the difference among revamping and repurposing a chunk of content. The two terms are distinct, as you may research in the subsequent segment. Distinction among revamping and repurposing content material
revamping and repurposing content are  different things. It's crucial to understand the distinction. In any other case, you may be revamping a chunk of content questioning you repurpose it. Revamping a chunk of content includes using the identical content material for its unique motive. However you simply replace it to stay attractive and relevant in your audience. For example, whilst you update an antique ebook to mirror latest happenings, alternate its layout to make it greater wonderful, and in all likelihood update the inner structure, it truly is revamping. But, repurposing a chunk of content material includes changing the content material layout completely or converting the audience. An extraordinary example of content repurposing is turning a chain of weblog posts into an e-book or turning key content material of a webinar into an appealing infographic. Why do organizations repurpose content? Here's are a number of the reasons you must don't forget repurposing some of your top-acting content;
Tumblr media
 #1. Saves time
it is not clean to create excessive pleasant attractive content each day, mainly if other matters require your attention. On occasion, you can spend up to a week just writing an extraordinary article. But, if you have already got an article or blog collection your audience loves, you could adapt it to in shape a new layout. As an instance, you can summarize your previous content in a video and upload it on social media.
 #2. Their antique content nevertheless holds value
when you have some attractive and thought-provocative content material that humans aren't seeing, you could repurpose them. For instance, if you could repurpose an vintage ebook into an smooth to study and attractive blog post.
 #3. Suitable for search engine optimization
typically, your website has a tendency to be greater seen to google and different engines like google if you have a substantial on-line presence. Repurposing your content material allows you to be energetic in  or three social media systems simultaneously.
 #four. It entices humans to go to your website
when you repurpose a piece of content and submit it on a social media platform, you can easily get people to click on through it on your internet site. More often than not, while you feature a snippet that inspires curiosity, social media audiences have a tendency to click via to see the whole content material. What content merits to be repurposed? Despite the fact that content material repurposing is an notable strategy, you can not put into effect it in every article. Earlier than you can repurpose any piece of content, it need to resonate with the humans who have seen it before and appeal to new audiences. So, earlier than you repurpose any content, it ought to meet the following criteria;
 #1. Should be evergreen
evergreen articles are constantly applicable no matter age and time. The information would not move previous. Any evergreen content may be repurposed to conform a brand new hire or serve a brand new target market.
 #2. Acting excellently
every other requirement for repurposing an editorial is its overall performance. Any put up that has been performing excellently over time in phrases of traffic and engagement is probably to attraction to a new target market whilst repurposed to a brand new shape. Check your articles' performance, undergo your google analytics metrics, and seek out some of the maximum famous posts.
 #three. It has increase capability
commonly, some articles have the capability to perform top notch when given the right tweak. When you have such an editorial in your website, you can without difficulty repurpose it and direct it to a new audience. Any piece of content material that meets one or  of the criteria mentioned above merits repurposing. A way to repurpose content material like a pro
  in most cases, content repurposing is a easy approach that is smooth to implement. However most of the people don't know the way it works. So, here's the satisfactory manner to repurpose any content like a pro.
 #1. Upload new factors
the addition of latest factors to present content material is what differentiates repurposing an article from revamping it. Whilst repurposing a publish, it's up to date with new facts. And the put up will obviously be more relevant and appealing whilst you add extra facts from specific assets. Also, make sure that the present day kingdom of factors reflects within the article.
 #2. Start a newsletter
any other incredible manner of repurposing your posts is to start sending them as newsletters. If all your blog posts are performing outstandingly for your website, you can flip them into a sequence of emails. In case you enforce this strategy efficaciously, you'll build an target market to be able to usually be obsessed with receiving your emails. However, whilst sending your blog publish as an e mail, you have to be creative with the situation traces. It may affect the fulfillment of your e-newsletter. A poorly written headline might not make your audience curious enough to examine the e-mail.
 #three. Turn the content material right into a photograph
when you have any excessive appearing article or weblog submit, you may summarize it, and use it as a capture in your instagram's photograph. You may surprise the level of engagement you will get out of your audience.
 #4. Use throughout systems
some other great way to repurpose a chunk of content is to use it throughout structures. You could use the identical content otherwise. As an instance, you may turn your vintage weblog posts right into a webinar or youtube films. Further, you may flip to morph case research into aspect decks. The maximum vital factor is that the new shape the content adapts remains appealing to both the present target audience and new ones. What varieties of content perform first-rate
now and again, it's hard to come up with first-rate content thoughts. And it's even extra hard to determine a way to put in force the ones ideas. Even in case you rely on keyword research to have a direction on what to write down approximately, you still want to determine the form of content material you may be writing. So, here are five styles of content material that each b2b and b2c businesses can use.
 Read Also:-  Top 10 Ways to Use AI in Brand Management
#1. How-to posts
those are academic articles that set-up issues, proffer solutions, and show you the steps to get there. They are generally academic articles and are very lengthy. An example of this type of content material is "the way to repurpose content like a seasoned."
 in case you are too busy to create lengthy how-to posts, here are some of the high-quality content material advertising businesses that allow you to with it.
 #2. Listicles
listicles are straightforward articles that don't require a lot clarification. They're no longer as prolonged as the how-to posts. Listicles are normally on a specific topic and provide bullet points on that topic. Example of a listicle article is "eleven search engine optimization mistakes that could be affecting your ranking."
 #3. What- posts
what-posts are most of the sorts of content organizations use. Those sorts of articles provide statistics about a specific subject matter. Maximum times, they examine two matters. An example of this newsletter is "what's the distinction between technical seo and onpage search engine optimization."
 #4. Why-posts
why-posts give readers the reason or reason for a particular issue and provide info thereof. Example "why do google algorithms constantly affect web sites negatively"?
 #5. Video content
video content is one of the maximum popular sorts of content. Most b2b and b2c companies use videos to offer visible dialogue or explanation about a particular topic to their target market. Once in a while, it’s a bit difficult to marketplace your video content material. Right here are some of the first-class youtube advertising and marketing companies that may make your video content viral inside a quick time. In a latest look at co-carried out by using fracti and buzzfeed intended to analyze the sort of content material that performs higher revealed that listicles and why-posts have the maximum dependable social traction with about 21000 shares according to month. The observe further confirmed that what-posts is the riskiest and least reliable varieties of content material. However, the performance of your content occasionally relies upon on the character of your commercial enterprise. B2b vs. B2c content
here's some other place content material entrepreneurs have to be aware of. Make certain that the content material you are creating aligns with the form of business you use. As an example, a median b2b target market wishes content material on the way to educate them. What they may be seeking out is evidence which you are imparting them pinnacle-notch content. So, if you are writing a b2b content, you ought to consciousness  Digital Marketing Company in Newcastle  more on ebooks, tutorials, webinars, and many others. B2c customers, then again, simply need to be entertained. Their shopping for selection is often stimulated with the aid of emotion, and their buying manner is brief (no too many selection-makers inside the manner). As a logo, it is critical to apprehend your audience, and continuously deliver outstanding content that resonates with them.
Follow US:-  Facebook,  Twitter,  LinkedIn , YouTube
0 notes
uncheckedtomfoolery · 8 years ago
Text
On Okina and Yukari
...Because I ought to post something here and I feel like it should be something more substantive than ‘whoopsie, video games ate my life’.
More below the cut. HSiFS spoilers below, which I mention mostly because someone got very angry at me for spoiling the final boss of UFO yesterday.
I’ve seen a lot of material putting Okina and Yukari on the same side and probably pretty close. I mean, I get that. This is Touhou, unshakable bonds between characters have been created on the basis of “they’re both stage 2 bosses from completely different games”. Still, I’ve got to be a voice of dissent, or something.
I might’ve shared my views on Yukari on this topic before, but I honestly can’t remember. I believe that Yukari’s schemes are generally complex enough that it’s very hard to gauge much about her from them. We can, however, learn a lot from what she does not do.
Outside of, yes, allegedly kidnapping a couple people for giggles (take this in context: this is not particularly weird or shocking coming from a youkai), Yukari doesn’t do much. That’s not a ‘lazy Yukari’ joke, either. She is specifically a fairly staunch non-interventionist, outside of a few instances. She’ll keep her hands off things, despite being (loosely) in charge of Gensokyo and strongly concerned with its well-being. At most, she acts by proxy, through Reimu or otherwise. The question 90% of stories face in the form of ‘what about Yukari, though?’ is actually answered with ‘that’s not usually her style’.
The thing is, her power is immense. She could probably make things happen however she likes by sheer cunning even without resorting to her extensive power, but the option is there. And yet, she doesn’t. To me, that says that what she values almost above all else (exceptions will obviously apply) is individual freedom. Yes, she could be Gensokyo’s (if not omnipotent, at least excessively potent) tyrant. She’d really, really rather not be, even if that is occasionally worse for Gensokyo because it’s full of crazy and reckless people.
Contrast Okina. She works from the shadows, sure, but it’s a practical concern, and she’d love to be in the spotlight in any case. Others - and this is especially clear when you play as Marisa - are pretty much beneath her, to be used and tossed away as she sees fit. What’s important is her vision for Gensokyo, and she’s not about to lose sleep over causing mass chaos in the process, or mind-controlling new servants, or pretty much whatever else.
Possibly, Gensokyo is extremely fortunate that its ‘main’ sage is Yukari and not Okina. ...Though, by their respective natures, if Okina acts up (as in HSiFS), we’re going to see more of her influence than Yukari’s, even without accounting for the fact that Yukari’s asleep for the most part. The hibernation thing is, by the way, something I take as a biological need for Yukari. She’s whimsical, sure, but given her responsibilities to Gensokyo, it’s hard to imagine her actually going “I’m feeling lazy so I’ll sleep for a couple months”, though she could certainly joke about it.
My private interpretation of this is that it comes down to what the two are. Unless they owe something specific to their origin story, most youkai don’t have criteria to follow per se, except maybe “be strange” and “possibly eat people”. Yukari is relatively unfettered, and has chosen to define herself mostly as Gensokyo’s protector (’ruler’ seems a strong word with the distance she takes, even if you assume she could enforce absolute power over anyone else; it’s a matter of willingness even before it’s one of ability).
Contrast Okina (once more), who is a goddess. There are exceptions to the divine dynamic, always from people who have a fallback option. Hina is at least speculated to be a stealth tsukumogami of a nagashi-bina. Sanae is part-human. Suwako is retired and partly reliant on whatever scraps she gets from Kanako. They all have an out.
...Without that, divine nature in Gensokyo appears to have a few approximate rules. For one, it brings needs. You need faith to get by, if not for survival, at least to maintain adequate levels of power. You trade in your need for little things like food and drink but you get that instead, and it’s going to colour much of what you do.
Beyond that, your base relationship with others is a very particular one. Are they gods? Then they’re rivals. Are they mortal (used here in the sense of ‘not a deity’)? Then they either worship you, or really ought to. The basic form of interaction with people who don’t directly compete with you is worship, in return for which you might toss them scraps now and then. This would go to almost anyone’s head, and generally colour their perception besides. 
All things considered - and I’ll add that ‘all things’ here is admittedly about 80% conjecture on my part - I think we’ve basically wound up with Yukari being the nice one compared to Okina. Having said that, Okina’s actions and worldview are no surprise at all considering her background and nature. It’s pretty much built in, too bad for everyone else.
62 notes · View notes
allenmendezsr · 5 years ago
Text
Joe Vitale's Law Of Attraction Certification
New Post has been published on https://autotraffixpro.app/allenmendezsr/joe-vitales-law-of-attraction-certification/
Joe Vitale's Law Of Attraction Certification
Tumblr media
 Buy Now
Tumblr media Tumblr media Tumblr media Tumblr media
    NEW BONUS: Rare Ho’oponopono Immersion Seminar with Dr. Hew Len and Dr. Joe Vitale
Get the sold-out seminar where Dr. Hew Len shares even more of his breakthrough “awakenings.” Free with Your Law of Attraction Certification
Your Online Resource for Law of Attraction Practitioner Certification!
Don’t be mislead by other programs that make similar claims but don’t have the expertise of the teachers we have.
We present you with only the most relevant and up to date information to ensure no time is wasted in getting you certified to practice safely, successfully and professionally.
As a graduate you receive lifetime support from the Global Sciences Foundation.
Location: Internet
Dates: You may start anytime.
Pace: Three weeks is the shortest allowable completion time. One year is the longest allowable completion time.
Cost: $675 ON SALE FOR $47 (includes 5 training manuals)
Registration deadline: None. Register anytime.
Cancellation policy: Within 60 days.
Instructors: Dr. Joe Vitale, Star Of The Hot Movie “The Secret” Author Of Over 50 Books Including The Attractor Factor And The Key & Steve G. Jones, NLP Master Trainer, Board of Directors Member: American Lung Association (LA Chapter), Member: American Board of Hypnotherapy, Member: National Guild of Hypnotists • Founder: American Alliance of Hypnotists
Text Books (E-Book format): As part of the course (included in the total price of this course), you will receive 5 study manuals (each approximately 20 pages in length) by Dr. Joe Vitale and Steve G . Jones, M.Ed, NLP Master Trainer:
This course is for anyone looking to master the Law of Attraction to the level at which you can teach it to others and have them effectively attract everything they desire. Even if you are a beginner with no prior success with harnessing the Law of Attraction or perhaps are not interested in using the material to teach others, you should still take this course. You will learn everything you’ve ever wanted to know about the Law of Attraction and how to harness it’s power to completely transform your life.
In the professional arena, this course will take you to the next level and position yourself to have people pay you for your knowledge and expertise.
Upon completion of your training, you will be certified by the Global Sciences Foundation.
Law Of Attraction Practitioner Training FAQs
Q: Is your certification accepted everywhere in the World?
A: Yes. To the best of our knowledge, at this time, our certification is accepted everywhere.
Q: Will I need any other training in order to practice The Law of Attraction besides your course?
A: No. Our course is all you will need.
Q: Will I be properly trained if all I take is your online Law of Attraction Practitioner Certification program?
A: Ideally a Law Of Attraction practitioner would be trained in a classroom setting with an instructor physically present. Unfortunately, this luxury is not practical for many people. When we factor in airfare, hotel, time away from work and family, etc. the costs both monetary and otherwise quickly add up. For this reason, many institutions have turned to online training as a viable alternative to meeting modern day needs. In fact, Columbia, Harvard, and Cornell have extensive online programs. Also, Penn, Dartmouth, and Yale offer online classes. Steve G. Jones, while working on his doctorate in education, extensively studied the online programs offered by Ivy League schools. He then was able to take what he learned from the curriculum and combine it with Dr. Joe Vitale’s adept knowledge on the Law of Attraction to create a Law of Attraction training program that offers a similar level of training. Additionally, in this course, you are encouraged to find a study partner and to practice your techniques on a number of people.
Q: What about licensing requirements For Law of Attraction practitioners. Are there any?
A: At this time, to the best of our knowledge, there are no licensing requirements For Law of Attraction practitioners anywhere in the World. However, if you start a business, you will generally need a business license.
Q: What do I get Certified as?
A: A Law of Attraction Practitioner qualified by our standards to teach and practice the mechanics involved in the Law of Attraction.
Q: What Do I get When I Buy the Law of Attraction Course?
A: You get instant access to all 5 training manuals.
Q: How long does the course take to finish?
A: It takes about 2-3 weeks if you move quickly by reading the manuals.
Q: What do I need to do to get my Certification?
A: You must pass the test on the database with a score of 75% or better. If you fail you have a max of 3 times to pass. If you don’t pass all three times, you will be charged a $25 fee for another 3 chances and so on.
Q: How Long Does it take to get my Certification?
A: As soon as you pass the test, you will be automatically added to the Global Sciences Foundation directory and you will be sent a digital certificate.
Questions about the Certificate
Q: Will I receive a certificate?
A: Upon completion of this program, you will receive a beautiful certificate sent via email, which you can print out and proudly display for your clients to see. It will have your name, title (Certified Basic Law of Attraction Practitioner), and your certification number.
Q: What will the certificate look like? Is there a sample?
A: Click here for the sample of the certificate.
Q: Is the mailing of the certificate cost included in the course fee?
A: We will not be mailing a physical certificate.
Questions about the instructors
Q: Who actually teaches the program?
A: The program is taught by Dr. Joe Vitale and Steve G. Jones using a series of 5 specialized manuals.
Q: What are Dr. Joe Vitale and Steve G. Jones’s qualifications as instructors?
A: Dr. Vitale has not only personally used the power of the Law of Attraction to go from being homeless to having everything he’s ever desired, he was also chosen to appear in feature films such as “The Secret” and national television shows such as The Big Idea with Donny Deutsch and Larry King Live. Additionally Dr. Vitale has authored several best selling books on this topic and remains one of the world’s foremost experts on the Law of Attraction.
Steve G. Jones has over 20 years experience as a certified clinical hypnotist, both teaching hypnosis students and working with clients. His list of former clients includes: Danny Bonaduce, Jeraldine Saunders (creator of the Love Boat TV series), Tom Mankiewicz (writer of Superman the movie), and many other celebrities. Steve has served on the board of directors of the American Lung Association in Los Angeles, California. He is a member of the National Guild of Hypnotists, National Board of Certified Clinical Hypnotists, founder of the American Alliance of Hypnotists, member of the International Registry of Clinical Hypnotists, has presented his hypnosis research at the American Council of Hypnotists Examiners, received the President’s appreciation award for his outstanding contributions to the American Association for Adult and Continuing Education, is a member of the American Board of Hypnosis, member of Who’s Who among Students in American Universities and Colleges, member of Pi Lambda Theta International Honor Society and Professional Association in Education, member of Omicron Delta Kappa Honor Society, member of the Golden Key Honor Society, recipient of the National Leadership Award from the United States National Congressional Committee, received a bachelor’s degree in psychology from the University of Florida, received a master’s degree in education from Armstrong Atlantic and State University, received the educational specialist degree from Georgia Southern University, and is currently a doctoral candidate in education at Georgia Southern University. Steve has recently been featured on TruTV, CNN, and is under a development contract for his new television series on hypnosis.
General
Q: What is the minimum age requirement to be enrolled in your course?
A: 18.
Q: Do I need an advanced degree to practice the Law of Attraction, such as a bachelor’s degree or a master’s degree?
A: No. In most states in the United States and in most countries, our program is all you need.
Q: Does the Global Sciences Foundation help its trainees by promoting them online?
A: Yes. You will be listed on the international online list of Law of Attraction Practitioners.
Q: I am a layman with no Law of Attraction background. Will this program actually take me from the ground floor up and teach me everything I need?
A: Yes. This program is extremely thorough and it will teach you everything you need to know to be a certified Law of Attraction Practitioner and help you run your own practice.
Schedule
Upon registering, the entire program will be sent to you via e-mail. You can work at your own pace. During your training, you will be able to ask any questions by e-mail.
Syllabus
Q: What is the Law of Attraction, and how does it benefit you?
A: This home based course, is designed to be a resource for you for the rest of your life, to teach you what the Law of Attraction is and how to effectively use it to your advantage.
You will learn valuable tools for harnessing the power of the Law of Attraction as well as unique tools for life in this intensive, power-packed course. With the online training program you can study at your own pace and you are not tied to a specific training schedule. If the Law of Attraction enables rapid positive change, why not learn rapidly? Have fun, expand your awareness, and experience deep positive change on extremely rapid levels.
By mastering the mechanics of the Law of Attraction you will now effortlessly learn to attract all that you desire and help others to do the same. Through this course you will learn to:
Discover the role of thoughts and emotions in manifesting desires and Identify stumbling blocks to your success that are emanating from the unconscious
Transmit the right messages to the Universe to manifest abundance and health
Harness the power of thought to create and receive anything you want in life
Avoid the common errors that prevent people from attracting what they want
Understand the connection between our thoughts, our desires and what you are actually receiving from the Universe
Utilize the concept of magnetism in the context of the law of attraction
Find out why the law of attraction is a primal force in everyone’s life
Methodically eliminate emotional blocks that are preventing you from succeeding in attracting desires
You will master all of these topics through the Law of Attraction Basic Certification Course by Steve G. Jones and Mr. Fire, Dr. Joe Vitale:
Unlocking the Mysteries of the Law of Attraction, The Stepping Stone, That Which Animates the Universe, A Different Kind of Magnetic Force, Transforming Thoughts Into Reality, The Frequency of Attraction, An Error That People Love to Repeat, Repetition Attracts… Repeatedly, Reflections in the Mirror, Taking Control One Thought At a Time, Learning & Un- Learning, Persistence Pays Off In Many Ways, Mastering Dominant Thoughts, Emotions & Frequencies of Attraction, Are You On The Right Track in Life?, Transmitting Simultaneous Signals, Shifting Frequencies of Attraction, Creating and Utilizing Affirmative Cues, Aligning Yourself With the Universe, Approaching the Universe for Your Needs, Belief in Attraction & Manifesting, Action Redefined, Deceptive Time, Size Doesn’t Matter, Establishing a Solid Connection with Desires, Are You Thankful?, Strategic Visualizing, A Simple Way of Purging Negativity, The Role of Forgiveness in Manifesting, Healing the Energy Channels, Learning From Unhappiness, The Power of Emotions, The Power of Intention, Possibility/Impossibility
Tumblr media
1. Book 1
– What is the law of attraction?-
– How the law of attraction works –
– The law of attraction, humans and the universe –
– The stepping stone to abundance –
– How the law of attraction magnetizes your desires –
– The relationship between thoughts and reality –
– How you communicate with the universe –
– Discover the right frequency for manifesting –
– How the law of attraction gives you what you want
Tumblr media
2. Book 2
– Applying the law of attraction for the first time in your life
– The importance of un-learning
– Making space for strong, positive beliefs
– Eliminating harmful beliefs
– Persistence and how it affects what you attract
– Dominant thoughts & non-dominant thoughts –
– Signaling to the Universe – the right way
– Reviewing your life trajectory
Tumblr media
3. Book 3
– What are you attracting in life?
– Altering negative frequencies
– Discovering how you align with the Universe
– Asking for your desires
– Redefining your actions
– Expectations and human time
Tumblr media
4. Book 4
– Manifesting small and big things in your life
– What the Universe expects of you
– The proper way of asking the Universe – Thankfulness and why it matters
– Using visualization to correct frequencies
– Why forgiveness matters
– Energy channels & attraction
Tumblr media
5. Book 5
– Neutralizing unhappiness and learning from it
– Reframing what is possible and impossible with the law of attraction
– Analyzing internal conflicts
– Powering down negative emotions
– Setting the right intentions
Just $47
Tumblr media
If you have any questions, comments, or feature requests, Contact Us or Call us. Toll Free: (877) 944-9766 International: (702) 430-1196
0 notes
leathercultblog-blog · 6 years ago
Text
What Are Leather Jeans and Why Should I Wear Them?
Tumblr media
The average women own approximately seven pairs of jeans, according to a poll conducted by ShopSmart. Whether you’re a man, woman, young or old, though, jeans are probably your go-to choice of pants — and for good reason. They are comfortable, durable, stylish and look great no matter how you wear them. But not all jeans are made of traditional denim materials. There’s a been growing trend surrounding the use of leather jeans in recent years. What are leather jeans exactly, and why should you wear them?
Overview of Leather Jeans
Leather jeans are essentially pants made of leather that are designed to look like traditional denim jeans. As shown in the photo above, they have the same character design as denim jeans, featuring the same texture, belt loops, and button/zipper fly. The key difference, however, is that leather jeans are made of genuine leather, whereas traditional jeans are made of denim. if you want to purchase both types of leather jeans then these jeans are available at LeatherCult. although this difference is subtle, it affects leather jeans in more ways than one.
Comfort
You’ll probably discover that leather jeans are more comfortable to wear than traditional denim jeans. Leather has an incredibly soft, smooth texture that’s unparalleled in terms of comfort. Denim is also comfortable, but it pales in comparison to genuine leather. If you’re looking for an ultra-comfortable pair of pants, you can’t go wrong with leather jeans for this reason. You can wear them all day long without experiencing any level of discomfort. On the contrary, they are guaranteed to keep you comfortable throughout the day, assuming you choose the right size (we’ll get to that later).
The Cut
Just like denim jeans are available in different cuts, so are leather jeans. You can find them in boot-cut, for instance, which have a wider opening around the ankles so that you can wear them over your boots or shoes. Leather jeans are also available in skinny cut, which as the name suggests has a slimmer leg opening that doesn’t widen or otherwise flares out. There are also low-, mid- and high-rise leather jeans. Low-rise sits lower around the waist, whereas mid and high sit higher around the waist. Leather jeans are available in the same cuts as traditional denim jeans, allowing you to choose the cut that’s best suited for your outfit and personal style.
Material
It shouldn’t come as a surprise to learn that leather pants are made of genuine leather. However, there are different types of leather used in their construction. NAPA leather, for example, is one of the highest quality types of leather on the planet, and it’s commonly used to make leather jeans. Napa leather has origins dating back to the late 1800s, during which it was invented by Emanuel Manasse while working at the Sawyer Tanning Company in Napa, California. It’s considered one of the highest quality types of leather because of its unique tanning process that involves the use of alum salts and vegetable compounds. Technical jargon aside, it’s softer, stronger and more versatile than other types of leather, making it ideal for use in leather jeans, jackets, handbags, and even furniture.
Tumblr media
Color Options
One of the perks of choosing leather jeans is the sheer amount of colors in which they are available at LeatherCult. You can choose from traditional blue-colored leather jeans, or you can opt for a bolder color like red, yellow or green. Jeans are also available in a myriad of colors, but most stores only offer them in a few basic colors. So, if you’re looking to create a unique style that sets you apart from the mainstream crowd, consider investing in a pair of genuine leather jeans. It’s a fun, stylish garment that offers a high level of aesthetics.
Wrinkles
Another benefit of choosing leather jeans is a simple fact that leather is a wrinkle-resistant fabric. This doesn’t necessarily mean that your leather jeans will never develop wrinkles; there’s no such thing as a textile that’s completely wrinkle-proof, regardless of what clothing companies try to tell you. However, you’ll have an easier time preventing and controlling wrinkles with leather jeans than you would with traditional denim jeans. Therefore, you can wear leather jeans without worrying about the fabric developing wrinkles and creases. Just remember to fold or hang them on a clothes hanger to keep wrinkles in check.
Cleaning
All garments should be cleaned on a regular basis, and leather jeans are no exception. When they get dirty, you’ll need to clean them to protect them from damage and preserve their original appearance. With that said, leather jeans are incredibly easy to clean, even more so than traditional denim jeans. The problem with denim jeans is that denim absorbs stain-causing compounds. If you spill a soda on them, the denim material will absorb the soda, thereby causing the stain to set. This isn’t a problem with leather jeans, however. The natural properties of leather allow it to repel stain-causing compounds. Rather than absorbing soda, for example, it will repel the liquid beverage. This is just one more reasons to upgrade your wardrobe with a pair of high-quality leather jeans.
Sizing
It’s important that you choose a pair of leather jeans in the right size. The good news is that we make this process a breeze. Here at LeatherCult, you can order leather jeans in custom sizes at no additional charge. Just give us your body measurements when ordering, and we’ll use those measurements to create the perfect pair of leather jeans that are designed specifically for you.
Price
You can expect to pay slightly more than leather jeans than traditional denim jeans. Don’t let this stop you from buying them, though. You have to think about leather jeans as an investment. Like any investment, they cost money. But leather jeans can save you money in the long run by reducing your need for other, less durable and less versatile garments. These are just a few reasons to consider buying a pair of leather jeans.
Originally Posted:- https://leathercultblog.wordpress.com/2019/09/24/what-are-leather-jeans-why-should-wear-them/
0 notes
homelilys · 5 years ago
Text
Rambler House Style – An ideal House plan?
One of the first architects to use the rambler house style was Cliff May in the 1930s, inspired by southwestern ranch homes. A rambler house style is a house that is spread out over one floor and grows out instead of up. These are also known as the ranch house’ style. In some areas, it is also known as the California Ranch. These were most commonly built in the 1950s but it is still a very popular style of home and an estimated eighty percent of the housing market in some states like California are rambler style buildings.
This particular style is specifically known for minimal decoration both inside and outside with a sprawling profile that is both long and low. They are listed as the favorite national style with approximately thirty-four states preferring ranch or rambler style homes above any other. Most rambler houses have an L or U shape to them though some are straight and long. It was also one of the first home designs to include attached garages.
Depending on the region in which it was built, ramblers are usually made up of wood, brick, or stucco materials. There were also a lot of synthetic rugs laid over natural flooring for this style of home so if you tore up the rugs then most likely you will have some form of natural flooring below which might be preferable. You can find yourself with some beautiful hardwood.
via trulia.com. The elegant and luxury rambler house for sale in Maryland
Benefits for Rambler House Style
The decor and plan for a rambler style house can encompass everything from classic ranch house look to the modern sprawling estate. Some of them have large basements that can add a lot of extra space that would otherwise be missing from a single-story house. Not having a second story means that you will not have to deal with the noise from above.
Rambler or ranch-style homes are known for their prevalence of windows and they usually have a lot of natural lighting throughout the entire structure. Even though they tend to look quite squat from the outside, inside they are more likely to have vaulted ceilings to give the illusion of more open space.
They also are more likely to have sliding doors leading to outside due to the time period when they were most popular. During that period in American home building, there was an attempt to integrate indoor and outdoor comforts and this has led to a lot of open planning and ramblers that lead out to courtyards, pools, open yards, or other socializing areas outdoors through sliding glass entrances.
This particular style of the house was made popular in a time when the modern infrastructure for homes was beginning to be prevalent so their many internal systems are easily updated. Also, a drawback is that there are not as many plan options for rambler homes. However, the benefit of having not as many load-bearing walls is that the floor plan can usually be converted with minimal fuss. There will be limitations to what can be done when attempting to fully redo a floor plan for a rambler home.
It is not uncommon for rambler houses to have beautiful fireplaces. Some of them open on both sides to a room giving it a cozy, homey feel that is hard to get in some other building styles. Not all rambler house styles come with fireplaces.
A beautiful fireplace in the central living room of a rambler house.
These homes are also safer for elderly people to navigate because there are no stairs and usually, they are flush with the outside so unless there is a patio often there are not even steps at the door. This also makes them easier to clean since there is no laborious climb up and down stairs or through multiple stories. In addition, this also makes them easier to evacuate in times of emergency such as a house fire or earthquake.
The drawbacks of Rambler House Style
Because there is no second floor then you can only build on if you have the space to do so horizontally. Not everyone lives on a parcel of land big enough to create the size of home they are hoping for, especially if their family grows and they require more bedrooms and bathrooms. This means that the larger the house, the smaller the yard. There are also not as many structural changes that can take place in a rambler so completely changing a floor plan to suit your vision may not be possible. Most ramblers are either open plan or compartmentalized, but all of them can be modified somewhat though there are usually limitations. In other words, a rambler house may not be ideal for a larger family of 8 people. If you have a large parcel of land, of course, you can design the house plan accordingly. Click here for more rambler house plans on pinterest or click here for 3D house plans to download.
Ultra-large and detailed Rambler House Floor Plan. via drummondhouseplans.com
If you live with a large family or several roommates then there will be less privacy in a rambler due to everyone living on the same floor. There are also fewer places to go to ‘getaway’ if you wanted a moment of privacy without stairs or other floors to occupy. The prevalence of large windows can also make your home feel on constant display. Tastefully placed shutters can help with this sense of exposure. The noise level can also make it difficult for that elderly family member who lives in the same household. Here, what I suggest is to perhaps design a house plan where you let your elderly parents stay at the far end of the house.
Although some ramblers are basements or crawl spaces, the large majority of them are built onto concrete slabs. Also, because of the style of roofs – extended eaves, low-pitched – the best climate for these homes is the warmer southern states. This is because in the north they will encounter something called an ‘ice dam’ during winter months. This is when snow begins to melt from the top but then re-freezes before falling off the roof leading to very heavy edges of snow that can be dangerous and potentially damage the house.
Areas in the home furthest from the heating source will tend to stay cold. This is less of a problem in warmer states where there will be less heat leaching through the concrete foundation.
Wooden decks are very uncommon for rambler houses but patios are common. If you want a home with a wooden deck then you will most likely need to build your own. During the peak of the rambler style builds in the 1950s and 1960s the most common type of doors was hollow centered so they are less insulated for heat and noise so they are best replaced with thicker, modern doors.
Price Ranges
Despite the fact that this is one of the most sought-after styles of houses in the United States, it is still quite a bit cheaper than other styles. In most states, it is between $80 and $150 cheaper per square foot to buy a rambler. There are a few states, however, where they are still slightly more expensive. For example, in Milwaukee, WI, ramblers generally come in at about $11 more per square foot than other styles of buildings. This is not a larger difference but it does exist for some areas. This style is not as widespread on the east coast (such as in Maryland) as it is in the southwestern states.
If you intend to build your own rambler style house then the national average for the cost is $433,500 with mid-ranking materials. Statistically, most people who are planning to build their own homes tend to go bigger so that the national average is 2,500 square feet. This price includes everything from frame, to electrical, to furnishings. Overall not a bad price for being able to build it to your own specifications.
Best State for Buying Rambler Houses
Rambler house style buildings can be found all throughout the United States but the way they are built is best suited to warmer states. These houses are considered historic so there are some options if someone were to wish to restore their rambler to its glory days. These beautiful structures have an open quality that is not as easily found in other styles. The large windows, low roofs, and open plans make them ideal for people who like to feel connected to their neighborhood or environment.
Though these homes tend to be naturally suited for warmer climates they can work just fine in northeastern states as long as the homeowner is aware of areas that will need additional attention like regular roof cleanings during the winter or increased internal heat sources. You will find these sprawling homes most commonly in the suburbs where there is more room for the building to spread out creating larger communities. This popular, homey style can be found in almost any town across America.
So, is rambler house ideal for family with an elderly person?
These houses are still very common today because they have a lot of fine qualities about them. They are more affordable than most other house plans on the market today and have nostalgic value to them as well. Whatever floor plan someone has in mind for their one-story home, the rambler style will most likely be able to accommodate it in some fashion. It is roomy and connected without feeling too claustrophobic. This style is simple, elegant, and open for change to fit the needs of the family living within it. In short, these ranch house plans are ideal for a family with an elderly person.
The post Rambler House Style – An ideal House plan? appeared first on Homelilys Decor.
Source: https://homelilys.com/architecture/rambler-house-style/
0 notes
simonconsultancypage · 6 years ago
Text
Guest Post: An Analytical Approach To Defending Securities Class Claims
Nessim Mezrahi
In the following guest post, Nessim Mezrahi, cofounder and CEO of SAR, a securities class action data analytics and software company, takes a look at possible defenses to securities class action lawsuits that corporate defendants may have based an analysis of the claimed stock price declines involved. A version of this article previously appeared on Law 360. I would like to thank Nessim for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Nessim’s article.
  *****************
Since the event-driven securities class action lawsuit against PG&E Corporation was filed one year ago, plaintiffs’ counsel have filed 211 securities class action complaints that allege violations of the federal securities laws under Section 10(b) and 20(a) of the Securities Exchange Act of 1934 against U.S.-based public corporations.[1] During the preceding 12 months, 59 of the 211 class action complaints that allege violations of Rule 10b-5 have been filed against a defendant company that had already been sued for similar allegations of fraud on the market.
A price impact analysis of the 152 first-identified securities class action complaints against directors and officers of U.S.-based corporations, indicates that a total of 264 alleged stock price declines are related with corrective disclosures that claim to be rectifying the corresponding alleged misstatements or omissions.[2] Of the 264 alleged corrective disclosures presented in 152 securities class action complaints, damages claimed by shareholders of common stock on 41 stock price declines do not meet the threshold of indirect price impact to warrant class action treatment according to the U.S. District Court for the Northern District of Texas’ 2015 ruling in Erica P. John Fund Inc. v. Halliburton Co.[3]
The claimed market capitalization losses associated with the cohort of alleged stock price declines that exhibit a verifiable absence of indirect price impact at the 95% confidence standard, amounts to $36.8 billion.[4] Data and analysis indicate that 33 securities class action complaints filed in the last 12 months contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Data and analysis indicate that 14 securities class action complaints do not present any alleged corrective disclosures related with stock price declines that exhibit indirect price impact. The alleged market capitalization losses of the 14 securities class actions that present alleged stock price drops that do not surpass the standards of indirect price impact at the 95% confidence standard, amounts to $11.1 billion.
In securities class actions, the quantum of aggregate damages is driven primarily by stock price impact at the time of the alleged corrective disclosure. Basically, the severity of the claim is driven by the volume of shares that is sold during a single trading session in response to public information that allegedly rectifies a related misstatement or omission. “Price impact is thus an essential precondition for any Rule 10b-5 class action.”[5] Ongoing econometric analyses of price impact using comprehensive statistical techniques of event-study analysis indicate that verifiable evidence of an absence of price impact exists in approximately 16% of alleged corrective disclosures claimed over the preceding 12 months.[6]
Indirect price impact, also referred to as back-end price impact, is evaluated by analyzing the magnitude of the stock price decline that corresponds with the timing of the dissemination of the information that is claimed to be correcting a related misstatement or omission. The allegedly rectifying decline in stock price has to fully materialize over a single trading session. “[T]he use of a two-day window is inappropriate to measure price impact in an efficient market.”[7] At the 95% confidence standard, after statistically controlling for general stock market and industry-specific factors, the aforementioned sample of 41 claimed corrective stock price declines do not warrant inclusion in a potentially certified class based on Halliburton II (2014), and do not deserve attribution of potential aggregate damages according to heightened pleading standards of loss causation in Dura (2005).[8]
The econometric evaluation of indirect price impact earlier in the litigation life cycle has cost-saving benefits for insurers of directors and officers. “Defendants may seek to defeat the Basic presumption at that stage through direct as well as indirect price impact evidence.”[9] If there is verifiable absence of indirect price impact in a securities class action complaint, then directors and officers ought to expect an efficient and successful defense that negates class action treatment. For example, “the court agrees with Halliburton that there was no price impact on December 21, 2000, and finds that Defendants have rebutted the Basic presumption as to the allegedly corrective disclosure made on that date.”[10]
There is no doubt that class action treatment has lucrative benefits for both defense and plaintiffs counsel — “half of the nearly $23 billion in securities claims costs in the last five years has gone to plaintiff and defense lawyers.”[11] Considerable economic and emotional relief will be gained by directors and officers of publicly traded companies from knowing that the claims of alleged securities fraud that have been filed against them do not warrant class action treatment. The absence of econometric validity of indirect price impact is critical to prevent class certification of a filed claim for alleged violations of section 10(b) and 20(a) of the Securities Exchange Act.
The econometric analysis of indirect price impact is vital early in the litigation life cycle to more accurately estimate the claim’s severity. At a portfolio level, insurers of directors and officers can estimate a narrower range of capital outlay for these long-tail claims with econometric information that proves the absence of indirect price impact. However — even if class action treatment is denied — directors and officers may still face similar claims of securities fraud allegations from an opt-out plaintiff. Some of these direct-action cases have settled for substantial amounts that rival those attained in class actions.[12]
Analysis of direct price impact, also known as front-end price impact, is crucial after a securities class action survives the motion to dismiss. Upon survival, defense counsel and their testifying economists evaluate stock price movement at the time of the alleged misstatement.[13]
In preparation for class certification, defense counsel carries the pricey and heavy burden of testing the strength of relatedness between an alleged misrepresentation and the allegedly related corrective disclosure. A comprehensive and timely analysis that evaluates whether the information that encompasses a claimed corrective disclosure is in fact corrective of a related alleged misstatement is not required at the class certification stage.[14] The effect that any absence of direct price impact has on the evolution of the securities class action is heavily dependent on whether the plaintiffs’ theory of securities fraud relies on an artificially maintained stock price. If a particular disclosure causes the stock price to decline at the time of the disclosure, then the misrepresentation must have made the price higher than it would have otherwise been without the misrepresentation. Measuring price change at the time of the corrective disclosure, allows for the fact that many alleged misrepresentations conceal a truth. Thus, the misrepresentation will not have changed the share price at the time it was made.[15]
On these types of cases, lead counsel will attempt to establish that some portion of stock price decline during the corresponding trading session constitutes a dissipation of inflation that is claimed to have artificially maintained the market value of the defendant company. Lead counsel will also attempt to establish that directors and officers had the mindset to willingly perform an illicit action without disclosing it, and as a result the company was trading at an artificially maintained market value that is alleged to be unsupported by its business operations.
Based on this legal theory of “artificial price maintenance,” an unremarkable stock price appreciation on the date of the alleged misstatement or omission is insufficient to rebut the presumption of reliance under the fraud-on-the-market doctrine. That is a serious risk for directors and officers that are navigating uncertain market conditions. Lack of price movement on dates of alleged misrepresentations did not rebut presumption of reliance on misrepresentations based upon fraud on the market theory by preponderance of evidence on investors’ motion for class certification in securities fraud action against financial services provider on price maintenance theory alleging violations of § 10(b) … [16]
The absence of direct price impact has debilitating consequences for plaintiffs counsel that file a securities class action that does not allege an “artificial price maintenance” theory, but not nearly as terminal as the absence of indirect price impact as it relates to attaining class certification and the limitation of potential aggregate damages. For the purpose of simplicity, assume that a securities class action has a single alleged corrective disclosure and that stock price did in fact appreciate at the time when the allegedly related misrepresentation was made to participants in the market — but, there is an unremarkable stock price decline at the time when plaintiffs allege some (or all) information that was released corrected that misrepresentation. It would be notably uncommon if this case survived a motion to dismiss and required significant resources to negate class certification. [T]here is no period within the proposed class period where the alleged misrepresentation caused a statistically significant increase in the price or where a corrective disclosure caused a statistically significant decline in the price. Thus, the reliance presumption of the class as Lead Plaintiffs have defined it is successfully rebutted and the class cannot be certified.[17]
The analysis of direct price impact is complex and highly involved. Therefore, it makes economic sense for protectors of directors and officers of publicly traded companies to ascertain whether there is verifiable proof that demonstrates an absence of indirect price impact, first. Econometric analysis of indirect price impact provides transparency into the economic merits of a securities class action claim and separates the wheat from the chaff. The identification of material econometric weaknesses of price impact in an Exchange Act claim for alleged violations of Rule 10b-5 can prevent class action treatment to limit the costs of securities class actions.
  Nessim Mezrahi is co-founder and CEO of SAR LLC, a securities class action data analytics software company. The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, or its clients. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
———————————
[1] In Re PG&E Corporation Securities Litigation
[2] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.  These estimates exclude cases that have been voluntarily dismissed.  The sample of alleged corrective disclosures that has been tested for indirect price impact includes only claimed stock drops that have been identified in a first-identified complaint filed during the preceding twelve months against a U.S.-based company that has publicly traded shares of common stock in the NYSE or NASDAQ.
[3] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[4] Freedman, David A., and David H. Kaye, “Reference Guide on Statistics,” Reference Manual on Scientific Evidence (Washington D.C.: Federal Judicial Center, 3rd ed., 2011).
[5] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[6] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.
[7] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[8] Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932, 2005 WL 885109 (U.S. April 19, 2005).
[9] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[10] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[11] From Nuisance to Menace: The Rising Tide of Securities Class Action Litigation, Chubb, June 2019.
[12] Vanguard Specialized Funds v. VEREIT Incorporated (D. Ariz. 2016)
[13] Waggoner v. Barclays PLC, 875 F. 3d 79
[14] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[15] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[16] Waggoner v. Barclays PLC, 875 F. 3d 79
[17] In re Moody’s Corp. Securities Litigation 274 F.R.D. 480 (S.D.N.Y. 2011)
The post Guest Post: An Analytical Approach To Defending Securities Class Claims appeared first on The D&O Diary.
Guest Post: An Analytical Approach To Defending Securities Class Claims published first on http://simonconsultancypage.tumblr.com/
0 notes
lawfultruth · 6 years ago
Text
Guest Post: An Analytical Approach To Defending Securities Class Claims
Nessim Mezrahi
In the following guest post, Nessim Mezrahi, cofounder and CEO of SAR, a securities class action data analytics and software company, takes a look at possible defenses to securities class action lawsuits that corporate defendants may have based an analysis of the claimed stock price declines involved. A version of this article previously appeared on Law 360. I would like to thank Nessim for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Nessim’s article.
  *****************
Since the event-driven securities class action lawsuit against PG&E Corporation was filed one year ago, plaintiffs’ counsel have filed 211 securities class action complaints that allege violations of the federal securities laws under Section 10(b) and 20(a) of the Securities Exchange Act of 1934 against U.S.-based public corporations.[1] During the preceding 12 months, 59 of the 211 class action complaints that allege violations of Rule 10b-5 have been filed against a defendant company that had already been sued for similar allegations of fraud on the market.
A price impact analysis of the 152 first-identified securities class action complaints against directors and officers of U.S.-based corporations, indicates that a total of 264 alleged stock price declines are related with corrective disclosures that claim to be rectifying the corresponding alleged misstatements or omissions.[2] Of the 264 alleged corrective disclosures presented in 152 securities class action complaints, damages claimed by shareholders of common stock on 41 stock price declines do not meet the threshold of indirect price impact to warrant class action treatment according to the U.S. District Court for the Northern District of Texas’ 2015 ruling in Erica P. John Fund Inc. v. Halliburton Co.[3]
The claimed market capitalization losses associated with the cohort of alleged stock price declines that exhibit a verifiable absence of indirect price impact at the 95% confidence standard, amounts to $36.8 billion.[4] Data and analysis indicate that 33 securities class action complaints filed in the last 12 months contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Data and analysis indicate that 14 securities class action complaints do not present any alleged corrective disclosures related with stock price declines that exhibit indirect price impact. The alleged market capitalization losses of the 14 securities class actions that present alleged stock price drops that do not surpass the standards of indirect price impact at the 95% confidence standard, amounts to $11.1 billion.
In securities class actions, the quantum of aggregate damages is driven primarily by stock price impact at the time of the alleged corrective disclosure. Basically, the severity of the claim is driven by the volume of shares that is sold during a single trading session in response to public information that allegedly rectifies a related misstatement or omission. “Price impact is thus an essential precondition for any Rule 10b-5 class action.”[5] Ongoing econometric analyses of price impact using comprehensive statistical techniques of event-study analysis indicate that verifiable evidence of an absence of price impact exists in approximately 16% of alleged corrective disclosures claimed over the preceding 12 months.[6]
Indirect price impact, also referred to as back-end price impact, is evaluated by analyzing the magnitude of the stock price decline that corresponds with the timing of the dissemination of the information that is claimed to be correcting a related misstatement or omission. The allegedly rectifying decline in stock price has to fully materialize over a single trading session. “[T]he use of a two-day window is inappropriate to measure price impact in an efficient market.”[7] At the 95% confidence standard, after statistically controlling for general stock market and industry-specific factors, the aforementioned sample of 41 claimed corrective stock price declines do not warrant inclusion in a potentially certified class based on Halliburton II (2014), and do not deserve attribution of potential aggregate damages according to heightened pleading standards of loss causation in Dura (2005).[8]
The econometric evaluation of indirect price impact earlier in the litigation life cycle has cost-saving benefits for insurers of directors and officers. “Defendants may seek to defeat the Basic presumption at that stage through direct as well as indirect price impact evidence.”[9] If there is verifiable absence of indirect price impact in a securities class action complaint, then directors and officers ought to expect an efficient and successful defense that negates class action treatment. For example, “the court agrees with Halliburton that there was no price impact on December 21, 2000, and finds that Defendants have rebutted the Basic presumption as to the allegedly corrective disclosure made on that date.”[10]
There is no doubt that class action treatment has lucrative benefits for both defense and plaintiffs counsel — “half of the nearly $23 billion in securities claims costs in the last five years has gone to plaintiff and defense lawyers.”[11] Considerable economic and emotional relief will be gained by directors and officers of publicly traded companies from knowing that the claims of alleged securities fraud that have been filed against them do not warrant class action treatment. The absence of econometric validity of indirect price impact is critical to prevent class certification of a filed claim for alleged violations of section 10(b) and 20(a) of the Securities Exchange Act.
The econometric analysis of indirect price impact is vital early in the litigation life cycle to more accurately estimate the claim’s severity. At a portfolio level, insurers of directors and officers can estimate a narrower range of capital outlay for these long-tail claims with econometric information that proves the absence of indirect price impact. However — even if class action treatment is denied — directors and officers may still face similar claims of securities fraud allegations from an opt-out plaintiff. Some of these direct-action cases have settled for substantial amounts that rival those attained in class actions.[12]
Analysis of direct price impact, also known as front-end price impact, is crucial after a securities class action survives the motion to dismiss. Upon survival, defense counsel and their testifying economists evaluate stock price movement at the time of the alleged misstatement.[13]
In preparation for class certification, defense counsel carries the pricey and heavy burden of testing the strength of relatedness between an alleged misrepresentation and the allegedly related corrective disclosure. A comprehensive and timely analysis that evaluates whether the information that encompasses a claimed corrective disclosure is in fact corrective of a related alleged misstatement is not required at the class certification stage.[14] The effect that any absence of direct price impact has on the evolution of the securities class action is heavily dependent on whether the plaintiffs’ theory of securities fraud relies on an artificially maintained stock price. If a particular disclosure causes the stock price to decline at the time of the disclosure, then the misrepresentation must have made the price higher than it would have otherwise been without the misrepresentation. Measuring price change at the time of the corrective disclosure, allows for the fact that many alleged misrepresentations conceal a truth. Thus, the misrepresentation will not have changed the share price at the time it was made.[15]
On these types of cases, lead counsel will attempt to establish that some portion of stock price decline during the corresponding trading session constitutes a dissipation of inflation that is claimed to have artificially maintained the market value of the defendant company. Lead counsel will also attempt to establish that directors and officers had the mindset to willingly perform an illicit action without disclosing it, and as a result the company was trading at an artificially maintained market value that is alleged to be unsupported by its business operations.
Based on this legal theory of “artificial price maintenance,” an unremarkable stock price appreciation on the date of the alleged misstatement or omission is insufficient to rebut the presumption of reliance under the fraud-on-the-market doctrine. That is a serious risk for directors and officers that are navigating uncertain market conditions. Lack of price movement on dates of alleged misrepresentations did not rebut presumption of reliance on misrepresentations based upon fraud on the market theory by preponderance of evidence on investors’ motion for class certification in securities fraud action against financial services provider on price maintenance theory alleging violations of § 10(b) … [16]
The absence of direct price impact has debilitating consequences for plaintiffs counsel that file a securities class action that does not allege an “artificial price maintenance” theory, but not nearly as terminal as the absence of indirect price impact as it relates to attaining class certification and the limitation of potential aggregate damages. For the purpose of simplicity, assume that a securities class action has a single alleged corrective disclosure and that stock price did in fact appreciate at the time when the allegedly related misrepresentation was made to participants in the market — but, there is an unremarkable stock price decline at the time when plaintiffs allege some (or all) information that was released corrected that misrepresentation. It would be notably uncommon if this case survived a motion to dismiss and required significant resources to negate class certification. [T]here is no period within the proposed class period where the alleged misrepresentation caused a statistically significant increase in the price or where a corrective disclosure caused a statistically significant decline in the price. Thus, the reliance presumption of the class as Lead Plaintiffs have defined it is successfully rebutted and the class cannot be certified.[17]
The analysis of direct price impact is complex and highly involved. Therefore, it makes economic sense for protectors of directors and officers of publicly traded companies to ascertain whether there is verifiable proof that demonstrates an absence of indirect price impact, first. Econometric analysis of indirect price impact provides transparency into the economic merits of a securities class action claim and separates the wheat from the chaff. The identification of material econometric weaknesses of price impact in an Exchange Act claim for alleged violations of Rule 10b-5 can prevent class action treatment to limit the costs of securities class actions.
  Nessim Mezrahi is co-founder and CEO of SAR LLC, a securities class action data analytics software company. The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, or its clients. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
———————————
[1] In Re PG&E Corporation Securities Litigation
[2] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.  These estimates exclude cases that have been voluntarily dismissed.  The sample of alleged corrective disclosures that has been tested for indirect price impact includes only claimed stock drops that have been identified in a first-identified complaint filed during the preceding twelve months against a U.S.-based company that has publicly traded shares of common stock in the NYSE or NASDAQ.
[3] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[4] Freedman, David A., and David H. Kaye, “Reference Guide on Statistics,” Reference Manual on Scientific Evidence (Washington D.C.: Federal Judicial Center, 3rd ed., 2011).
[5] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[6] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.
[7] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[8] Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932, 2005 WL 885109 (U.S. April 19, 2005).
[9] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[10] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[11] From Nuisance to Menace: The Rising Tide of Securities Class Action Litigation, Chubb, June 2019.
[12] Vanguard Specialized Funds v. VEREIT Incorporated (D. Ariz. 2016)
[13] Waggoner v. Barclays PLC, 875 F. 3d 79
[14] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[15] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[16] Waggoner v. Barclays PLC, 875 F. 3d 79
[17] In re Moody’s Corp. Securities Litigation 274 F.R.D. 480 (S.D.N.Y. 2011)
The post Guest Post: An Analytical Approach To Defending Securities Class Claims appeared first on The D&O Diary.
Guest Post: An Analytical Approach To Defending Securities Class Claims syndicated from https://ronenkurzfeldweb.wordpress.com/
0 notes
golicit · 6 years ago
Text
Guest Post: An Analytical Approach To Defending Securities Class Claims
Nessim Mezrahi
In the following guest post, Nessim Mezrahi, cofounder and CEO of SAR, a securities class action data analytics and software company, takes a look at possible defenses to securities class action lawsuits that corporate defendants may have based an analysis of the claimed stock price declines involved. A version of this article previously appeared on Law 360. I would like to thank Nessim for allowing me to publish his article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest to this blog’s readers. Please contact me directly if you would like to submit a guest post. Here is Nessim’s article.
  *****************
Since the event-driven securities class action lawsuit against PG&E Corporation was filed one year ago, plaintiffs’ counsel have filed 211 securities class action complaints that allege violations of the federal securities laws under Section 10(b) and 20(a) of the Securities Exchange Act of 1934 against U.S.-based public corporations.[1] During the preceding 12 months, 59 of the 211 class action complaints that allege violations of Rule 10b-5 have been filed against a defendant company that had already been sued for similar allegations of fraud on the market.
A price impact analysis of the 152 first-identified securities class action complaints against directors and officers of U.S.-based corporations, indicates that a total of 264 alleged stock price declines are related with corrective disclosures that claim to be rectifying the corresponding alleged misstatements or omissions.[2] Of the 264 alleged corrective disclosures presented in 152 securities class action complaints, damages claimed by shareholders of common stock on 41 stock price declines do not meet the threshold of indirect price impact to warrant class action treatment according to the U.S. District Court for the Northern District of Texas’ 2015 ruling in Erica P. John Fund Inc. v. Halliburton Co.[3]
The claimed market capitalization losses associated with the cohort of alleged stock price declines that exhibit a verifiable absence of indirect price impact at the 95% confidence standard, amounts to $36.8 billion.[4] Data and analysis indicate that 33 securities class action complaints filed in the last 12 months contain at least one alleged stock price drop that does not surpass the standards of indirect price impact. Data and analysis indicate that 14 securities class action complaints do not present any alleged corrective disclosures related with stock price declines that exhibit indirect price impact. The alleged market capitalization losses of the 14 securities class actions that present alleged stock price drops that do not surpass the standards of indirect price impact at the 95% confidence standard, amounts to $11.1 billion.
In securities class actions, the quantum of aggregate damages is driven primarily by stock price impact at the time of the alleged corrective disclosure. Basically, the severity of the claim is driven by the volume of shares that is sold during a single trading session in response to public information that allegedly rectifies a related misstatement or omission. “Price impact is thus an essential precondition for any Rule 10b-5 class action.”[5] Ongoing econometric analyses of price impact using comprehensive statistical techniques of event-study analysis indicate that verifiable evidence of an absence of price impact exists in approximately 16% of alleged corrective disclosures claimed over the preceding 12 months.[6]
Indirect price impact, also referred to as back-end price impact, is evaluated by analyzing the magnitude of the stock price decline that corresponds with the timing of the dissemination of the information that is claimed to be correcting a related misstatement or omission. The allegedly rectifying decline in stock price has to fully materialize over a single trading session. “[T]he use of a two-day window is inappropriate to measure price impact in an efficient market.”[7] At the 95% confidence standard, after statistically controlling for general stock market and industry-specific factors, the aforementioned sample of 41 claimed corrective stock price declines do not warrant inclusion in a potentially certified class based on Halliburton II (2014), and do not deserve attribution of potential aggregate damages according to heightened pleading standards of loss causation in Dura (2005).[8]
The econometric evaluation of indirect price impact earlier in the litigation life cycle has cost-saving benefits for insurers of directors and officers. “Defendants may seek to defeat the Basic presumption at that stage through direct as well as indirect price impact evidence.”[9] If there is verifiable absence of indirect price impact in a securities class action complaint, then directors and officers ought to expect an efficient and successful defense that negates class action treatment. For example, “the court agrees with Halliburton that there was no price impact on December 21, 2000, and finds that Defendants have rebutted the Basic presumption as to the allegedly corrective disclosure made on that date.”[10]
There is no doubt that class action treatment has lucrative benefits for both defense and plaintiffs counsel — “half of the nearly $23 billion in securities claims costs in the last five years has gone to plaintiff and defense lawyers.”[11] Considerable economic and emotional relief will be gained by directors and officers of publicly traded companies from knowing that the claims of alleged securities fraud that have been filed against them do not warrant class action treatment. The absence of econometric validity of indirect price impact is critical to prevent class certification of a filed claim for alleged violations of section 10(b) and 20(a) of the Securities Exchange Act.
The econometric analysis of indirect price impact is vital early in the litigation life cycle to more accurately estimate the claim’s severity. At a portfolio level, insurers of directors and officers can estimate a narrower range of capital outlay for these long-tail claims with econometric information that proves the absence of indirect price impact. However — even if class action treatment is denied — directors and officers may still face similar claims of securities fraud allegations from an opt-out plaintiff. Some of these direct-action cases have settled for substantial amounts that rival those attained in class actions.[12]
Analysis of direct price impact, also known as front-end price impact, is crucial after a securities class action survives the motion to dismiss. Upon survival, defense counsel and their testifying economists evaluate stock price movement at the time of the alleged misstatement.[13]
In preparation for class certification, defense counsel carries the pricey and heavy burden of testing the strength of relatedness between an alleged misrepresentation and the allegedly related corrective disclosure. A comprehensive and timely analysis that evaluates whether the information that encompasses a claimed corrective disclosure is in fact corrective of a related alleged misstatement is not required at the class certification stage.[14] The effect that any absence of direct price impact has on the evolution of the securities class action is heavily dependent on whether the plaintiffs’ theory of securities fraud relies on an artificially maintained stock price. If a particular disclosure causes the stock price to decline at the time of the disclosure, then the misrepresentation must have made the price higher than it would have otherwise been without the misrepresentation. Measuring price change at the time of the corrective disclosure, allows for the fact that many alleged misrepresentations conceal a truth. Thus, the misrepresentation will not have changed the share price at the time it was made.[15]
On these types of cases, lead counsel will attempt to establish that some portion of stock price decline during the corresponding trading session constitutes a dissipation of inflation that is claimed to have artificially maintained the market value of the defendant company. Lead counsel will also attempt to establish that directors and officers had the mindset to willingly perform an illicit action without disclosing it, and as a result the company was trading at an artificially maintained market value that is alleged to be unsupported by its business operations.
Based on this legal theory of “artificial price maintenance,” an unremarkable stock price appreciation on the date of the alleged misstatement or omission is insufficient to rebut the presumption of reliance under the fraud-on-the-market doctrine. That is a serious risk for directors and officers that are navigating uncertain market conditions. Lack of price movement on dates of alleged misrepresentations did not rebut presumption of reliance on misrepresentations based upon fraud on the market theory by preponderance of evidence on investors’ motion for class certification in securities fraud action against financial services provider on price maintenance theory alleging violations of § 10(b) … [16]
The absence of direct price impact has debilitating consequences for plaintiffs counsel that file a securities class action that does not allege an “artificial price maintenance” theory, but not nearly as terminal as the absence of indirect price impact as it relates to attaining class certification and the limitation of potential aggregate damages. For the purpose of simplicity, assume that a securities class action has a single alleged corrective disclosure and that stock price did in fact appreciate at the time when the allegedly related misrepresentation was made to participants in the market — but, there is an unremarkable stock price decline at the time when plaintiffs allege some (or all) information that was released corrected that misrepresentation. It would be notably uncommon if this case survived a motion to dismiss and required significant resources to negate class certification. [T]here is no period within the proposed class period where the alleged misrepresentation caused a statistically significant increase in the price or where a corrective disclosure caused a statistically significant decline in the price. Thus, the reliance presumption of the class as Lead Plaintiffs have defined it is successfully rebutted and the class cannot be certified.[17]
The analysis of direct price impact is complex and highly involved. Therefore, it makes economic sense for protectors of directors and officers of publicly traded companies to ascertain whether there is verifiable proof that demonstrates an absence of indirect price impact, first. Econometric analysis of indirect price impact provides transparency into the economic merits of a securities class action claim and separates the wheat from the chaff. The identification of material econometric weaknesses of price impact in an Exchange Act claim for alleged violations of Rule 10b-5 can prevent class action treatment to limit the costs of securities class actions.
  Nessim Mezrahi is co-founder and CEO of SAR LLC, a securities class action data analytics software company. The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, or its clients. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
———————————
[1] In Re PG&E Corporation Securities Litigation
[2] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.  These estimates exclude cases that have been voluntarily dismissed.  The sample of alleged corrective disclosures that has been tested for indirect price impact includes only claimed stock drops that have been identified in a first-identified complaint filed during the preceding twelve months against a U.S.-based company that has publicly traded shares of common stock in the NYSE or NASDAQ.
[3] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[4] Freedman, David A., and David H. Kaye, “Reference Guide on Statistics,” Reference Manual on Scientific Evidence (Washington D.C.: Federal Judicial Center, 3rd ed., 2011).
[5] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[6] SAR Securities Class Action Data Analytics (SCADA) database as of June 12, 2019.
[7] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[8] Dura Pharmaceuticals, Inc. v. Broudo, No. 03-932, 2005 WL 885109 (U.S. April 19, 2005).
[9] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[10] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[11] From Nuisance to Menace: The Rising Tide of Securities Class Action Litigation, Chubb, June 2019.
[12] Vanguard Specialized Funds v. VEREIT Incorporated (D. Ariz. 2016)
[13] Waggoner v. Barclays PLC, 875 F. 3d 79
[14] Halliburton Co. v. Erica P. John Fund, Inc., 134 S. Ct. 2398 (2014).
[15] Erica P. John Fund, Inc. v. Halliburton Co., 309 F.R.D. 251 (N.D. Tex. 2015).
[16] Waggoner v. Barclays PLC, 875 F. 3d 79
[17] In re Moody’s Corp. Securities Litigation 274 F.R.D. 480 (S.D.N.Y. 2011)
The post Guest Post: An Analytical Approach To Defending Securities Class Claims appeared first on The D&O Diary.
Guest Post: An Analytical Approach To Defending Securities Class Claims published first on
0 notes
beckyhstark78-blog · 6 years ago
Text
An Introduction of Water Damage Categories and also Groups
Water damage can be found in a selection of forms that can be simply bothersome or possibly unsafe, depending on the resource of the circulation. Today, we will go over the basic groups of water leakages, the kind of damages they can cause as well as the recommended actions to treat them. Water damages is split up into numerous groups as well as classifications according to standards established by the IICRC.
Category 1 (Clear Water).
This type of water damage occurs when a pipeline or appliance springs a leakage or overflows when left on ignored. Fortunately, in these kinds of circumstances, the water is generally clean and also does not present any type of actual threat to you quickly. Tidy water damages usually is a problem for the surrounding atmosphere, such as carpetings, books as well as various other belongings which are not water resistant and also might require remediation job done if the flooding happens over a long period of time. Additionally, water damage can possibly result in more severe problems such as mold growth that will certainly need the focus of a professional mold and mildew inspector and remediator.
Category 2 (Grey Water).
Gray water damage involves some level of contamination, whether it's physical, organic or chemical. In nonprofessional's terms, grey water is dangerous but not dangerous and requires some type of removal in order to ensure that the atmosphere is appropriately restored for human inhabitation. One of the most common household gray water circumstances come from toilets, dishwashing machines as well as cleaning equipment leaks, where detergents or food fragments are mingled in with the water. Gray water, like tidy water, may likewise create mold damages in ignored scenarios as well as can likewise potentially cause various other architectural problems relying on the kind of impurity in the water.
Category 3 (Black Water).
This is one of the most uncommon type of water damage as well as one of the most unsafe. Black water consists of incredibly unsanitary agents including microorganisms as well as fungus, as well as pollute all surface areas it touches. Black water damages is typically triggered by all-natural calamities such as tornados and floodings, where debris is cleaned into the water, or from fractured sewer lines or septic tanks. This sort of water damage must be managed by a specialist reconstruction company and potentially the state epa, as the consequences of leaving the scenario without treatment or incorrect treatment can be devastating to several others besides the homeowner.
Along with the sorts of water damage, there are also numerous classifications to specify the rate of dissipation for a water damage circumstance. This information is consequently utilized by the professionals to determine the correct technique of dryout and an approximate timeline.
Course 1 (Slow Dissipation Price).
This is one of the most benign degree of water damage in which just a part of a space or location is affected, or the products involved are reasonably reduced permanence or porosity such as fragment board, structural wood or plywood. In these circumstances, there is generally a minimal quantity of wetness taken in by materials and also repair time is generally fast.
Course 2 (Rapid Dissipation Rate).
This class usually includes an entire room, or flooding damage where water has wicked as much as 24 inches on the wall. Dampness can be present in the framework as well. These situations are center of the road regarding the work and also time included.
Course 3 (Fastest Evaporation Rate).
Class 3 circumstances frequently involves water that originates from above, either from an upstairs area or outside throughout heavy rainfall. In these circumstances, water has filled more than 24 inches over the wall, posturing severe architectural threat and also possible damages otherwise right away attended to.
youtube
Course 4 (Specialty Drying Situations).
In this course, the surrounding structure and also materials have very low permance/porosity, causing water to remain in saturated pockets throughout. Examples consist of wood, brick, concrete or various other materials that do not have a high quantity of absorption rate for dampness. These situations require extremely details low moisture as well as air flow remedies in order for water to be effectively eliminated.
While the class and also categorization of a water emergency can typically be rapidly presumed, be sure to check with your water professional when they get here on website to get the full extent of the circumstance after an expert assessment has been carried out. Your specialist ought to be able to offer you with an approximate price quote of the duration, as well as information on the specific job that needs to be done to bring everything back up to speed. We will cover the different techniques of water damages restoration in our following post so make sure to remain tuned!
https://www.youtube.com/watch?v=QYtrpucMrOY
0 notes