Atom C++ Mac
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Download Atom for Windows now from Softonic: 100% safe and virus free. More than 794 downloads this month. Download Atom latest version 2021. This Atom package allows you to compile and run C and C within the editor. To compile C or C, press F5 or right click the file in tree view and click Compile and Run. To compile C or C and attach the GNU Debugger, press F6 or right click the file in tree view and click Compile and Debug.
The holidays are here again, and usually they just come and go without much memory. This Thanksgiving for our family was special for several reasons. This is the first Thanksgiving my wife and I have had as new parents, my wife got to come home for the first time in five months riding in a car, and we got to spend it at our house with the family. Shawnda got to spend time in the nursery with the twins, and when it came down to dinner, she ate the best I have seen in a long time. Since that day, my wife has really been making some big strides. She is eating well again after several weeks, and working hard at therapy. She went to the doctor last week to have a procedure performed to help with extending her left arm, and it was extremely successful. She is working on keeping it good and stretched on her own. She is also sitting up well in the wheelchair that she uses considering that it is made for someone much bigger than she is. Next week, she will be going back to acute rehab, and they are going to fit her for a wheelchair that fits. I am still shocked at how well she remembers names. I still have to ask her who someone is because I am terrible about remembering things. In general, she has had a phenomenal attitude during the past five months. I am so proud of her for staying in good spirits, and for working so hard. I really can't wait until she is back home so that she can spend some time really loving on the babies (and me.) And we can do the same in kind.| From Thanksgiving 2008 |
The twins have been in Huntsville for a very long time. They caught their first cold a week before Thanksgiving, and I thought it would be best to limit their exposure to environments where they can catch anything more serious. My wife asks about them all the time, and I miss them being around because they are always doing something new and fascinating. The amazing thing about them is that when they caught a cold, instead of crying and being in a generally poor mood, they learned how to roll around. The only way I knew something was wrong is because their breathing was unusual, and the younger one had a temperature. They are getting really big now, and starting to really develop their own personalities. Madison is really fun loving; she smiles and talks to everything. Morgan on the other hand is really laid back, and likes to absorb her environment.
This Christmas, my gift will be two lovely children, and a beautiful wife. It is truly miraculous to see where we were five months ago to where God has delivered us to today. On June 19; I was worried that my wife may not survive, and whether our unborn children would survive. Today, I see two delightful children, and have the unique honor of being married to one of the most beautiful and courageous women around. She fought for the lives of three people, and they are all doing wonderful. I thank the Lord for watching over our family, and for us growing stronger as a couple, and adding to our family.
Well, I started back to work this week also. I can't believe it has been over two months since I had a chance to post anything. All is going well, and I hope that you and your family are blessed during this holiday season.
In doing so I have come up with a Stream of Commerce Test which allows a court to determine, in a more globalized economy, which businesses are amenable to suit in the forum and which are not.
In order to understand the test fully... Take a close look at a clear hypothetical to understand how it operates.
Say we have 5 independant companies. Three manufacturers, a distributor, and a particular retail store within the forum.
Manufacturer 1 is a component manufacturer.
Manufacturer 2 is a component manufacturer.
Manufactureer 3 takes the components and assembles them into a product.
Distributor gets the final product to various retail stores in a particular area.
Retail Store sells the final product to a customer in the forum, who is injured by it.
A classic problem in Stream of Commerce occurs when a person is injured by a product such as this, and the possible defect that led to his injury is the responsibility of a component manufacturer.
In order to determine if a particular manufacturer is subject to personal jurisdiction in the forum, under my Stream of Commerce Test, one must take a look at the timing and order in which these businesses contracted with each other to determine if they 'Purposely Availed' themselves of the forum.
The 'Stream' in this hypothetical looks like this at the time of the trial.
Manufacturer 1 ---> Manufacturer 3 ----> Distributor -----> Retail Store -----> Consumer.
Manufacturer 2
The key to this analysis is simple: Look at the order of contracting to enter into business together in order to determine who is actually 'availing' themselves of the forum when entering into these contracts to do business.
Let's take a look at this hypothetical Stream by looking at the various times these businesses entered into contract to do business with each 'link' in the stream.
Time 1:
Distributor ---> Retail Store
Time 2:
Manufacturer 3 ---> Distributor
Time 3:
Manufacturer 2 ---> Manufacturer 3
Time 4:
Manufacturer 1 ---> Manufacturer 3
Plotting out the Stream and indicating the order the businesses entered the Stream, we get as follows:
Manu. 1 --[T4]--> Manu. 3 --[T2]--> Distributor --[T1]--> R. Store
Manu. 2 --[T3]-->
In this scenario, Distributor first contracts with the Retail Store in a forum to have its products sold there.
Manufacturer 3 Contracts with Distributor for its product to be distributed.
Later, Manufacturer 2 Begins making component parts for Manufacturer 3.
Lastly, Manufacturer 1 Begins making component parts for Manufacturer 3.
In this scenario, ALL of the businesses in this Stream of Commerce are 'Purposefully Availing' themselves of the forum.
The Distributor avails himself by directly contracting with the Retail Store to have his products sold at that location in the forum.
Manufacturer 3 contracts to have the Distributor place his product in every place the Distributor has Contracted with Retail Stores to sell it's products. BECAUSE THE CONTACT WITH THE FORUM WAS ESTABLISHED BEFORE THIS CONTRACTING, MANUFACTURER 3 HAS IMPLIEDLY 'AVAILED' HIMSELF OF ALL FORUMS WHICH THE DISTRIBUTOR HAS 'AVAILED' ITSELF OF AT THE TIME OF CONTRACTING.
Manufacturer 1 and 2, the component makers, similarly avail themselves of the forums in which Manufacturer 3 has purposefully availed himself of prior to their contracting.
Because of the order of contracting, the forum court can properly exercise personal jurisdiction over ALL businesses within this hypothetical Stream of Commerce.
Now let's twist the facts a bit, to make a critical point.
Let's look back at the original Stream:
Manufacturer 1 ---> Manufacturer 3 ----> Distributor -----> R. Store -----> Consumer.
Manufacturer 2
Now lets change the timing of the contracts to as follows:
Time 1:
Distributor ---> Retail Store
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Time 2:Manufacturer 2 ---> Manufacturer 3
Time 3:
Manufacturer 3 ---> Distributor
Time 4:
Manufacturer 1 ---> Manufacturer 3
Plotting out the Stream and indicating the order the businesses entered the Stream, we get as follows:
Manu. 2 --[T2]--> Manu. 3 --[T3]--> Distributor --[T1]--> R. Store
Manu. 1 --[T4]-->
In this scenario, Distributor first contracts with the Retail Store in a forum to have its products sold there.
Manufacturer 2 then begins making component parts for Manufacturer 3.
Manufacturer 3 Contracts with Distributor for its product to be distributed.
Lastly, Manufacturer 1 begins making component parts for Manufacturer 3.
In this scenario, Manufacturer 1 and Manufacturer 3, as well as the Distributor in this Stream of Commerce are 'Purposefully Availing' themselves of the forum.
Manufacturer 2, however, is not.
The analysis is simple. Manufacturer 2 contracted with Manufacturer 3 BEFORE Manufacturer 3 had contracted with the Distributor. Under this timing, Manufacturer DID NOT 'purposefully avail' itself of the forums the Distributor had contacted.
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Manufacturer 1, on the other hand, contracted with Manufacturer 3 AFTER Manufacturer 3 had contracted with the Distributor. Because the Distributor had established contacts with the forum at the time Manufacturer 1 contracted to supply component parts, Manufacturer 1 has purposefully availed itself of the same forum the Distributor has.This simple timing approach makes the Stream of Commerce problem much easier to handle in these scenarios. Courts could apply this test easily and plaintiffs injured by defective products 'thrust' into the Stream of Commerce will have more avenues to reach further back into the Stream of Commerce to hold those who are responsible for the injuries accountable.
Plus, this theory does not offend a sense of fairness, because when these Businesses entered into their contracts, the value of the consideration in those contracts inherently involves the Stream as it is setup at the time of the contracting.